Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Application Materials
1 Charlene Way From:clerk@meridiancity.org Sent:Monday, September 16, 2019 9:23 AM To:Charlene Way Subject:Development Application Transmittals - Silverstone Apartments MDA H-2019-0102 Development Application Transmittal Link to Project Application: Silverst one Apartments MDA H -2019 -0102 Transmittal Date: 9 -16 -2019 Hearing Date: 10 -22 -2019 Assigned Planner: Kevin Holmes To view the City of Meridian Public Records Repository, Click Here The above “Link to Project Application” will provide you with any further information on the project. 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: October 22, 2019 File No.: H-2019-0102 Project Name: Silverstone Apartments MDA Request: Request to modify existing development agreements for the purpose of removing the subject property from DA Instrument #2018-012457 and DA Instrument # 2018-012456 and be placed in a new, separate agreement, by Dave Evans Construction. Location: The site is located at 4107 E. Overland Rd., in the NW 1/4 of the NE '/4 of Section 21, Township 3N., Range 1E. Planning Division E IDIAN ------ HEARING APPLICATION Type of Review Requested Hearing File member: H-2019-0099 Hearing Assigned Plamrer:p 0, H 4.1-Q$ Related Files: H-2019-0104 Applicant Information Applicantname: SILVERSTONE APARTMENTS LLC Phone: Applicant address: 7761 W RIVERSIDE DR #100 Zip: 83714 Email: Ownername: BIENAPEL FAMILY LIMITED PARTNERSHIP Phone: Fax: Owner address: 2674 S. ANDROS WAY Zip: 83642 Email: Agent name (e.g. architect, engineer, developer, representative): MYSTI STELLUTO Firm name: DAVE EVANS CONSTRUCTION Phone: Fax: 2088531220 7761 W RIVERSIDE DR #100 83714 MYSTIS@D EVAN SCONSTRUCTION.CO Address: Zip: Email: M Contact name: MYSTI STELLUTO Contact address: 7761 W RIVERSIDE DR #100 Subject Property Information Phone: Fax: 2088531220 83714 MYSTIS@DEVANSCONSTRUCTION.CO Zip: Email: M Location/street address: 4107 E OVERLAND RD Assessor's parcel number(s): S1121120916 I S I �2.�1�-103 ` J 1 (Z it Z 1 a 1 Township, range, section: Project Description Project/ApplicationName: Silverstone Apartments - MCU, MDA Description of Work: Development Agreement and Conditional Use Permit modification request for Silverstone Apartment Project. 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org 1 Application Information APPLICATION TYPES Is this application exempt from fees?: No Conditional Use Modification - MCU: CHECKED Development Agreement Modification - MDA: CHECKED PROPERTY INFORMATION General Location: Overland Road Current Land Use: C -G Total Acreage: 12.417 Prior Approvals (File Numbers): 2018-012456, 2018-012457 ZONING DISTRICTS) C -G, CHECKED PROJECT INFORMATION Site Plan Date (MM/DD/YYYY): 08/27/2019 Landscape Plan Date (MM/DD/YYYY): 08/27/2019 Elevations Date (MM/DD/YYYY): 11/09/2018 Percentage of Site Devoted to Buildings 47.28% Percentage of Site Devoted to Landscaping: SEE LANDSCAPE PLANS Percentage of Site Devoted to Paving: 4.4% Who will own and Maintain the Pressurized Irrigation System in this Development: s MOVADO HOA Irrigation District: NAMPA MERIDIAN IRRIGATION DISTRICT Primary Irrigation Source: PRESSURE IRRIGATION Secondary Irrigation Source: SUEZ Square Footage of Landscaped Areas to be Irrigated by City Water Connection: SEE LANDSCAPE PLANS Number of Residential Units: 204 Minimum Square Footage of Living Area (Excluding Garage): 759 1 BED/1 BATH Minimum Square Footage of Ground Floor Area for Multi -Story Units: 4046 12 PLEX Proposed Building Height: 40'-0" 24 PLEX Existing Floor Area (If Applicable): 0 Hours of Operation (Days and Hours): NA Number of Standard Parking Spaces Provided: 377 Number of Compact Parking Spaces Provided: ' 0 Gross Density: 20 UNITS/ACRE Net Density: 20 UNITS/ACRE TYPE OF USE PROPOSED Commercial CHECKED Townhouse: CHECKED Multi -Family CHECKED MULTI -FAMILY Total Number of Units: 204 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org 2 Number of Units Containing 500 sq. ft. or Less: 1 0 Number of Units Containing 500-1,200 sq. ft.: ; 204 Number of Units Containing 1,200+ sq. ft.: 0 QUALIFYING OPEN SPACE Open Grassy Area (min. 50' x 100'): CHECKED Collector Street Buffer(s): CHECKED Arterial Street Buffer(s): CHECKED Acres of Qualified Open Space: 2.39 Percentage of Qualified Open Space: 23.64 QUALIFYING SITE AMENITIES Clubhouse: CHECKED Fitness Facilities: CHECKED Dog Owner Facilities: CHECKED Swimming Pool: CHECKED Children's Play Structure: CHECKED Sports Courts CHECKED Open Grassy Area (min. 50'x 100') - Multi -Family: CHECKED 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org 3 ®AVE ZMEM EVANS C O N S T R U C T I O N September 3rd, 2019 City of Meridian Community Development Planning Division 33 E. Broadway Ave. Ste. 102 Meridian, Idaho 83642 Ref: Request for Development Agreement and Conditional Use Permit Modifications - Silverstone Apartment project Silverstone Apartments LLC is requesting a modification of two Development Agreements as well as the creation of a new Development Agreement for the project described below. The first Development Agreement to be modified is Addendum to Development Agreement, instrument number 2018-012457 between the City of Meridian and Movado Development LLC pertaining to the Silverstone Apartment project. The original Development Agreement was recorded on August 17th, 2017, instrument number 2017-076698. The second Development Agreement to be modified is Addendum to Development Agreement, instrument number 2018-012456 between the City of Meridian and Movado Development LLC pertaining to the Movado Estates project. The original Development Agreement was recorded on February 10th, 2017, instrument number 2017-012608. The purpose of the modification request is twofold. We are requesting to remove parcels of land from each Development Agreement mention above to create a new Develop Agreement using an updated metes and bounds description to clearly depict which parcels are being affected. The new Agreement will include additional multi -family housing units, a commercial pad, and townhomes to be added to the already approved apartment project. The following sections of the Addendum to Development Agreement instrument number 2018- 012457 will be retained or modified as shown: CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 a. Future development of this site shall substantially comply with the concept plan, site plan, landscape plan and architectural elevations included in Exhibit A of the Finding of Facts and Conclusions of Law approved by Meridian City Council on December 1 Q�7 [insert new date], attached hereto as Exhibit "B" and the conditions contained herein. DAVE EVANS CONSTRUCTION 7761 W. Riverside Dr. Suite 100, Boise, Idaho 83714 . (208) 853-1203 . Fax (208) 853-1220 wway.clevansconsh uction.com b. A maximum of 44.2 192 multi-family residential dwelling units, a commercial pad, and 10 townhomes shall be constructed within this development. e. Site amenities shall be provided as follows: 1) clubhouse with fitness facilities, 2) a children's play structure, aAd 3) sports court, 4) pool, 5) dog walk, and 5) open grassy area 50'x100' The appliGant shall provide at least one amenity from the opep spaGe GategoFy and then oRe additional qualified amenity f theiFGheiGe, in accord with the standards listed in 11-4-327D. g. The commercial lots are lot is subject to certificate of zoning compliance and design review prior to issuance of a building permit. h. The applicant shall have the ability to obtain multi-family building permits prior to recording the final plat. The property owner shall be listed in the new Development Agreement as follows: Silverstone Apartments LLC 7761 W. Riverside Dr. Suite 100 Boise, Idaho 83714 Silverstone Apartments LLC is also requesting a modification to the existing Conditional Use Permit Modification, H-2016-0060. The modification is requesting to increase the total project acreage, to increase the number of apartment units from the 112 units to 192 units, and to modify the site design and amenities included in the plat. We are proposing to increase the site amenities consisting from 1) clubhouse, 2) a children's play structure, and a 3) sports court to 1) clubhouse with fitness facilities, 2) a children's play structure, 3) a sports court, 4) a dog walk, 5) a swimming pool, and 6) a 50'x100' open grassy area. The multi -family residential development will include carports throughout the site, a clubhouse with a leasing office, and an outdoor mail center. During the Certificate of Zoning Compliance application process, the development's directory sign and maintenance storage area will be shown. A neighborhood informational meeting was held on August 15th, 2019 for the property owners within 300' of our project area. Information pertaining to the proposed changes to the original Silverstone Apartment project were presented to residents in attendance. Dave Evans Construction received several suggestions from the residents regarding the proposed layout including the following: 1. Relocate the dog walk to a location away from the south property line 2. Create a larger buffer along the south property line including adding more landscaping to assist with privacy from second and third story apartments. 3. Do not allow parking along this southern buffer area. 4. Move buildings `J', 'L', and `M' further north to create more distance between residence at the south property line The suggestions were then used to create the proposed revision that is included in this submission and the interested parties received a copy via email requesting additional feedback. No additional feedback has been received to date from any resident. DAVE EVANS CONSTRUCTION 7761 W. Riverside Dr. Suite 100, Boise, Idaho 83714 . (208) 853-1203 . Fax (208) 853-1220 www.devansconstruction.com Please review the supporting documents attached to this application and feel free to contact me with any questions. h n r your time and consideration to this project. R b rt P well Architect Dave Evans Construction DAVE EVANS CONSTRUCTION 7761 W. Riverside Dr. Suite 100, Boise, Idaho 83714 . (208) 853-1203 . Fax (208) 853-1220 www.devansconstruction.com Sawtooth Land Surveying, LLC — A, L -- P: (208) 398-8104 F: (208) 398-8105 2030 5. Washington Ave., Emmett, ID 836 17 Silverstone Apartments Phase II East Boundary Legal Description September 4, 2019 BASIS OF BEARINGS for this legal description is South 89013'35" East, between the brass cap marking the N1/4 of Section 21 and the aluminum cap marking the northeast corner of Section 21, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the NW1/4 of the NE1/4 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the N1/4 corner of said Section 21; Thence South 0°11'04" West, coincident with the west line of said NW1A of the NE1/4 of Section 21, a distance of 62.00 feet to 5/8" rebar PLS 14221 on the south right of way of E. Overland Rd.; Thence South 89113'35" East, coincident with said south right of way of E. Overland Road, 703.00 feet; Thence North 0111'04" East, coincident with said south right of way of E. Overland Road, 6.00 feet; Thence South 89013'35" East, coincident with said south right of way of E. Overland Road, 63.35 feet; Thence South 0045'44" West, coincident with said south right of way of E. Overland Road, 6.00 feet; Thence South 89113'35" East, coincident with said south right of way of E. Overland Road, 338.35 feet to the east right of way of South Movado Way and the POINT OF BEGINNING; Thence continuing South 89113'35" East, coincident with said south right of way of E. Overland Road, 47.02 feet; Thence North 0036'39 East, coincident with said south right of way of E. Overland Road, 14.00 feet; Thence South 89013'35" East, coincident with said south right of way of E. Overland Road, 186.48 feet to the east line of said NW1/4 of the NE1/4 of Section 21; Thence South 0124'28" West, coincident with said east line of NW1A of the NE1/4 of Section 21, a distance of 468.27 feet; P:\2019\19009-SILVERSTONE APTS\Survey\Drawings\Descriptions\Silverstone Apartments Phase II East Boundary Legal.docx Page 11 Thence North 89113'17" West, 89.02 feet to the east right of way of S. Movado Way and the beginning of a non -tangent curve; Thence 1.46 feet along the arc of said curve to the left, and coincident with said east right of way of S. Movado Way, with a central angle of 2156'16", a radius of 28.50 feet, subtended by a chord bearing North 2014'33" East, 1.46 feet; Thence North 0046'25" East, coincident with said east right of way of S. Movado Way, 26.99 feet to the beginning of a tangent curve; Thence 20.32 feet along the arc of said curve to the left, and coincident with said east right of way of S. Movado Way, with a central angle of 40151'14", a radius of 28.50 feet, subtended by a chord bearing North 19139'12" West, 19.89 feet to the point of reverse curvature; Thence 15.68 feet along the arc of said curve to the right, and coincident with said east right of way of S. Movado Way, with a central angle of 331116'57", a radius of 27.00 feet subtended by a chord bearing North 23026'20" West, 15.46 feet to the point of reverse curvature; Thence 178.50 feet along the arc of said curve to the left, and coincident with said east right of way of S. Movado Way, with a central angle of 32100'35", a radius of 319.50 feet, subtended by a chord bearing North 22048'09" West, 176.18 feet to the point of reverse curvature; Thence 192.74 feet along the arc of said curve to the right, and coincident with said east right of way of S. Movado Way, with a central angle of 39134'52", a radius of 279.00 feet, subtended by a chord bearing North 19°01'01" West, 188.93 feet; Thence North 0046'25" East, coincident with said east right of way of S. Movado Way, 50.05 feet to the beginning of a tangent curve; Thence 3.76 feet along the arc of said curve to the right, and coincident with said east right of way of S. Movado Way, with a central angle of 7025'47", a radius of 29.00 feet, subtended by a chord bearing North 4°29'19" East, 3.76 feet to the POINT OF BEGINNING. The above described parcel contains 1.83 acres more or less. `O�P� LAN s AGE N O � 4 1 F Q, Popt P:\2019\19009-SILVERSTONE APTS\Survey\Drawings\Descriptions\Silverstone Apartments Phase II East Boundary Legal.docx Page 12 SECTION 21 T. 3 N., R. 1 E. NI/4 COR., SEC. 21 BASIS OF BEARING CPBf 108008840 S 89°1335" E 2676.87' 3 13 �S B9°13'35_"E P.O.B 47.02' $89°13'35"E 63.35' -� 589°13:35°E 589°13'35"E 703.00' 338.35' LEGEND i ROLLING HILL SUBDIVISION BOOK 18, PAGE 1102 NTS CPBP105155109 16 15 E. OVERLAND RD. 21 �2 5 89°i3'35" E 18b.48_ � O I IW ,O U 1 vj I EAST BOUNDARY 1.83 Ac. t OO FOUND 5/8" RESAR AS NOTED FOUND ALUMINUM CAP i © FOUND RIGHT OF WAY FOUND BRASS CAP O SET 518" REBAR/CAP PLA 14221 I A, CALCULATED POINT P.O.B. N POINT OF BEGINNING ; LINE TABLE LINE BEARING DISTANCE LI N 0°11'04' E 6.00' L2 SO°4544'W 6.00' L3 N 0°36'39' E 14.00 74 N 004625" E 26.99' LS W -074-672-5"T— CURVE TABLE CURVE I ARC LENGTH RADIUS I DELTA ANGLE CHORD BEARING CHORD LENGTH C1 1.46' 7.8.50' 02°56'16" N OZ°1433" E 1.46 Q 20.37.' 18.50' 40°51'14" N 19°39'12" W 19-69- C1- 15.68' 27.00' 33°1657' N23°26'20'W 15.46 C4 178.50' 319.50' 32°00'35 N 22°48'09" W 176.18 C5 191.74' 179.00' 39°34'52" N 19°0101" W 188.93' C6 3.76 29.00' 7°25'47" N 04°7.9'19" E 3,76 I oNAL LAN"\ \GENS 119 O �1 21 Q. oqA� noro �P PROJECT: OWNER/DEVELOPER: 2030 S. WASHINGTON AVE. DWG # EMMETT, ID 83617 19009 -EX SILVERSTONE APARTMENTS DAVE EVANS CONSTRUCTION P: (208) 398-8104 PROJECT# PHASE II EAST BOUNDARY F. (208) 398-8105 19009 MERIDIAN, ID / SHEET DATE: 912019 La17d5uw y1W LLG WWW.SAWTOOTHLS.COM 1 OF CURVE TABLE CURVE I ARC LENGTH RADIUS I DELTA ANGLE CHORD BEARING CHORD LENGTH C1 1.46' 7.8.50' 02°56'16" N OZ°1433" E 1.46 Q 20.37.' 18.50' 40°51'14" N 19°39'12" W 19-69- C1- 15.68' 27.00' 33°1657' N23°26'20'W 15.46 C4 178.50' 319.50' 32°00'35 N 22°48'09" W 176.18 C5 191.74' 179.00' 39°34'52" N 19°0101" W 188.93' C6 3.76 29.00' 7°25'47" N 04°7.9'19" E 3,76 I oNAL LAN"\ \GENS 119 O �1 21 Q. oqA� noro �P PROJECT: OWNER/DEVELOPER: 2030 S. WASHINGTON AVE. DWG # EMMETT, ID 83617 19009 -EX SILVERSTONE APARTMENTS DAVE EVANS CONSTRUCTION P: (208) 398-8104 PROJECT# PHASE II EAST BOUNDARY F. (208) 398-8105 19009 MERIDIAN, ID / SHEET DATE: 912019 La17d5uw y1W LLG WWW.SAWTOOTHLS.COM 1 OF I oNAL LAN"\ \GENS 119 O �1 21 Q. oqA� noro �P PROJECT: OWNER/DEVELOPER: 2030 S. WASHINGTON AVE. DWG # EMMETT, ID 83617 19009 -EX SILVERSTONE APARTMENTS DAVE EVANS CONSTRUCTION P: (208) 398-8104 PROJECT# PHASE II EAST BOUNDARY F. (208) 398-8105 19009 MERIDIAN, ID / SHEET DATE: 912019 La17d5uw y1W LLG WWW.SAWTOOTHLS.COM 1 OF Sawtooth Land Surveying, LLC f3y%CC��' F: (208) 398-8104 F: (208) 398-8105 2030 S. Wa5himgton Ave., Emmett, ID 836 17 Silverstone Apartments Phase II West Boundary Legal Description September 4, 2019 BASIS OF BEARINGS for this legal description is South 89113'35" East, between the brass cap marking the N1/4 of Section 21 and the aluminum cap marking the northeast corner of Section 21, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the NW1/4 of the NE1/4 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the N1/4 corner of said Section 21; Thence South 0111'04" West, coincident with the west line of said NW1/4 of the NE1/4 of Section 21, a distance of 62.00 feet to 5/8" rebar PLS 14221 on the south right of way of E. Overland Rd.; Thence South 89113'35" East, coincident with said south right of way of E. Overland Road, 703.00 feet to the POINT OF BEGINNING; Thence North 0011'04" East, coincident with said south right of way of E. Overland Road, 6.00 feet; Thence South 89013'35" East, coincident with said south right of way of E. Overland Road, 63.35 feet; Thence South 0045'44" West, coincident with said south right of way of E. Overland Road, 6.00 feet; Thence South 89013'35" East, coincident with said south right of way of E. Overland Road, 291.61 feet to the west right of way of South Movado Way and the beginning of a non -tangent curve; Thence 16.35 feet along the arc of said curve to the right, and coincident with said west right of way of South Movado Way, with a central angle of 32118'32", a radius of 29.00 feet, subtended by a chord bearing South 15122'51" East, 16.14 feet; Thence South 0046'25" West, coincident with said west right of way of South Movado Way, 38.30 feet to the beginning of a tangent curve; P;\2019\19009-SILVERSTONE APTS\Survey\Drawings\Descriptions\Silverstone Apartments Phase II West Boundary Legal.docx Page 11 Thence 226.17 feet along the arc of said curve to the left, and coincident with said west right of way of South Movado Way, with a central angle of 40022'08", a radius of 321.00 feet, subtended by a chord bearing South 19°24'38" East, 221.52 feet to the point of reverse curvature; Thence 148.74 feet along the arc of said curve to the right, and coincident with said west right of way of South Movado Way, with a central angle of 30122'58", a radius of 280.50 feet, subtended by a chord bearing South 24124'13" East, 147.01 feet to the point of compound curvature; Thence 18.07 feet along the arc of said curve to the right, and coincident with said west right of way of South Movado Way, with a central angle of 38020'33", a radius of 27.00 feet, subtended by a chord bearing South 9057'33" West, 17.73 feet to the point of reverse curvature; Thence 14.11 feet along the arc of said curve to the left, and coincident with said west right of way of South Movado Way, with a central angle of 28121'24", a radius of 28.50 feet, subtended by a chord bearing South 14057'07" West, 13.96 feet; Thence South 0146'25" West, coincident with said west right of way of South Movado Way, 26.99 feet to the beginning of a tangent curve; Thence 1.46 feet along the arc of said curve to the left, and coincident with said west right of way of South Movado Way, with a central angle of 2155'41 ", a radius of 28.50 feet, subtended by a chord bearing South 0141'24" East, 1.46 feet to the northeast corner of Movado Greens Subdivision No. 1 as shown on file in Book 114 of Plats at Page 17017 Ada County Records; Thence North 89°13'17" West, coincident with the north line of said Movado Greens Subdivision No. 1, a distance of 487.48 feet to a 5/8" rebar PLS 14221; Thence North 0111'04" East, parallel with said west line of the NW1/4 of the NE1/4 of Section 21, a distance of 454.23 feet to the POINT OF BEGINNING. The above described parcel contains 4.38 acres more or less. \C PORE% P:\2019\19009-SILVERSTONE APTS\Survey\Drawings\Descriptions\Silverstone Apartments Phase II West Boundary Legal.docx Page 12 SECTION 21 T. 3 N., R. 1 E. ROLLING HILL SUBDNL40N BOOK 18, PAGE 1202 N1/9 COSEC. 21 CPBF 108080 08890 BASIS OF BEARING - S 89°13'35" E 7676.8)' PROJECT# 19009 SILVERSTONE APARTMENTS E. OVERLAND RD. 3 PHASE II WEST BOUNDARY{� MERIDIAN, ID S,S SHEET a� Land Suiveyiiq LLG WWW SAWTOOTHLS.COM 1 OF 1 ° 63.35' 589'1795'E ry� S 89'13'35"E '��' �� �-703.00' S89°1335"E 291.613 P.O.D. � 1 1 I 1 IWEST BOUNDARY 1 4.382 Ac.:f 1 1 1 1 LEGEND IO FOUND 518" REBAR AS NOTED FOUND ALUMINUM CAP FOUND RIGHT OF WAY QI 0 FOUND BRASS CAP �I O SET 5i8" REBAR/CAP PLA 14221 wl & CALCULATED POINT $ P.O.D. POINT OF BEGINNING of ZI 1 LINE TABLE LINE OEA NG D St CE Ll N 0 1104 E L2 50145 W 6. L3 S 0°4615 W 26.99 3 CURVE TABLE CURVE I ARC LENGTH I RADIUS I DELTA ANGLE I CHORD BEARING I CHORD LENGTH C1 16.35' 29.00' 32°18'32" S15°22'51"E 16.]4' I C2 226.17' 321.00' 40°2108" S 19°24'38" E 121.52' C3 148 280 °24'13" E 147.01' 180 27.000 0' 3892093" S 09°5733" W 17.73' j CS 14.11' 128.50 28°21'24" 514°5707" W 13.96' C6 1.46' 28.50 2°5541" S 0°41'24" E 1.46' 1 N 89°13'17" W 487.48' NTS CP&F 105155109 L6�IS 21`2pI2 i� i vi pL � s /01�11 GN < PROJECT: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. EMMETT, ID 83617 DWG # 19009-E7( PROJECT# 19009 SILVERSTONE APARTMENTS DAVE EVANS CONSTRUCTION ,ha P: (208) 398-8104 F. (208) 398-8105 PHASE II WEST BOUNDARY{� MERIDIAN, ID �AW roo / / SHEET Land Suiveyiiq LLG WWW SAWTOOTHLS.COM 1 OF 1 DATE: 912019 �J TitleOne a title & escrow co. Order No.19330323 5 —1/'-1 '� ADA COUNTY RECORDER Phil McGrane 2019-029418 BOISE IDAHO Pgs=4 VICTORIA BAILEY 04/12/2019 11:57 AM TITLEONE BOISE $15.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY SPECIAL WARRANTY DEED This Special Warranty Deed is between Dave Evans Construction LLC, an Idaho limited liability company ("Grantor"), whose address is 7761 W. Riverside Dr., Suite 100, Garden City, ID 83714, and Silverstone Apartments, LLC, an Idaho limited liability company (°Grantee'), whose address is 7761 W. Riverside Dr., Ste 100, Garden City, ID 83714, witnesseth: That Grantor, for and in consideration of the sum of Ten Dollars and No Cents ($10.00), and other good and valuable consideration, the receipt whereof is hereby acknowledged, does, by these presents, convey unto Grantee and its heirs, successors and assigns forever, all the following described real estate situated in the County of Ada County, State of Idaho: See Exhibit A, attached hereto and incorporated herein. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the rents, issues and profits thereof; and all estate, right, title and interest in and to the property, as well in law as in equity, except as expressly provided otherwise herein (Premises"). To have and to hold, all and singular the Premises together with the appurtenances unto Grantee and its heirs, successors and assigns forever, Grantor makes no covenants or warranties with respect to title, express or implied, other than that previous to the date of this instrument, Grantor has not conveyed the same estate to any person other than Grantee and that such estate is at the time of the execution of this instrument free from encumbrances done, made or suffered by the Grantor, or any person claiming under Grantor, subject to any and all easements, restrictions, agreements and encumbrances of record or appearing on the land as of the date of this instrument. [signature pages to follow] Special Warranty Deed Page 1 of 4 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed on the day of April, 2019. Dave Evans Construction LLC, an Idaho limited liability company Zach Evans, Manager State of Idaho, County of Ada, ss. On this i I day of April, 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Zach Evans, known or identified to me to be a Manager of the limited liability company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said limited liability company and that such limited liability company executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. /m/i , , , A - 0-�� � Nota Public for Idaho Residing In:�s My Commission Expires: S W Special Warranty Deed Page 2 of 4 EXHIBIT A LEGAL DESCRIPTION OF THE PREMISES Basis of Bearing for this description is South 89013'35" East, between the brass cap marking the North quarter comer of Section 21, and the aluminum cap marking the Northeast comer of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. A parcel of land located in the Northwest quarter of the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter comer of Section 21; thence South 00 11'04' West, coincident with the West line of said Northwest quarter of the Northeast quarter of Section 21, a distance of 56.00 feet to the Southerly right of way line of E. Overland Road and the Point of Beginning; thence South 8901335" East, coincident with said Southerly right of way line of E. Overland Road, 703.00 feet; thence South 0" 11'04" West, parallel with said West line of the Northwest quarter of the Northeast quarter of Section 21, a distance of 353.42 feet; thence North 89013'35' West, parallel with said Southerly right of way line of E. Overland Road, 703.00 feet to said West line of the Northwest quarter of the Northeast quarter of Section 21; thence North 0" 11'04" East, coincident with said West line of the Northwest quarter of the Northeast quarter of Section 21, a distance of 353.42 feet to the Point of Beginning, Excepting Therefrom: Basis of Bearing for this description is South 89013'35" East, between the brass cap marking the North quarter comer of Section 21, and the aluminum cap marking the Northeast comer of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land conveyed to Ada County Highway District by Warranty Deed recorded February 4, 2019 as Instrument No. 2019-008816, records of Ada County, Idaho, located in the Northwest quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter comer of Section 21; thence Special Warranty Deed Page 3 of 4 South 00 11'04' West, coincident with the West line of said Northeast quarter of Section 21, a distance of 56.00 feet to the South right of way of E. Overland Road and the Point of Beginning; thence South 89013'35" East, coincident with said South right of way of E. Overland Road, 703.00 feet; thence South 00 11'04" West, parallel with said West line of the Northeast quarter of Section 21, a distance of 6.00 feet; thence North 89013'358 West, parallel with said South right of way of E. Overland Road, 703.00 feet to said West line of the Northeast quarter of Section 21; thence North 00 1 VW East, coincident with said West line of the Northeast quarter of Section 21, a distance of 6.00 feet to the Point of Beginning. Special Warranty Deed Page 4 of 4 ADA COUNTY RECORDER Christopher D. Rich 2017-000982 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 01/04/2017 04:13 PM TITLEONE BOISE $37.00 Recording Requested By and When Recorded Return to: Dave Evans Construction LLC 7761 N. Riverside Dr., Ste, 100 Boise, Idaho 83714 Attn: Dave Evans 16 a -7,9 / �(^ SPACE ABOVE THIS LINE FOR RECORDER's USE ONLY SPECIAL WARRANTY DEED For good and valuable consideration, the receipt of which is hereby acknowledged, Bienapfl Family Limited Partnership, an Idaho limited partnership ("Grantor"), does hereby grant, sell, transfer and convey to Dave Evans Construction LLC, an Idaho limited liability company ("Grantee"), whose address is 7761 N. Riverside Dr., Ste, 100, Boise, Idaho 83714, and its successors and assigns forever, the real property described on the attached Exhibit A ("Subject Property"); To have and to hold the Subject Property and all buildings and improvements thereon, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. Grantor hereby covenants with Grantee that the Subject Property is free from all liens, claims or encumbrances and that it will warrant and defend said Premises against the lawful claims of all persons claiming by, through or under it; subject, however to those liens, encumbrances and other matters listed on Exhibit B attached hereto and by this reference made a part hereof. EXCEPT AS SPECIFICALLY PROVIDED IN THE PURCHASE AND SALE AGREEMENT BETWEEN GRANTOR AND GRANTEE AND THIS SPECIAL WARRANTY DEED (COLLECTIVELY, THE "EXPRESS REPRESENTATIONS"), SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO ANY AND ALL WARRANTIES AND REPRESENTATIONS OF, AS TO OR CONCERNING MERCHANTABILITY, CONDITION, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, HABITABILITY, ENVIRONMENTAL MATTERS OR COMPLIANCE WITH LAWS PERTAINING OR RELATED TO THE PROPERTY. EXCEPT FOR THE EXPRESS REPRESENTATIONS, ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR ARISING BY LAW, CONCERNING THE PROPERTY ARE HEREBY DISCLAIMED AND WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW. SPECIAL WARRANTY DEED - l 03545.0007.8575163.2 SUBJECT TO THE EXPRESS REPRESENTATIONS, BUYER ACKNOWLEDGES THAT BUYER IS ACQUIRING THE PROPERTY IN ITS CURRENT CONDITION, AS IS, WHERE IS. THIS PARAGRAPH SHALL SURVIVE THE CLOSING OR ANY TERMINATION OF THIS AGREEMENT. WITNESS THE EXECUTION HEREOF as of the P day of January, 2017. Bienapfl Family Limited Partnership, an Idaho limited partnership: By: G. William P. Bienapfl, Jr. (also own as William P. Bienapfl), General Partner STATE OF IDAHO ) ss. , County of Ada �` ) On this d/ ay of Januar , 2017, before me, Y a Notary Public in and for said state, personally appeared William P. Bienapfl, Ji. (also known as William P. Bienapfl), known or identified to me to be the general partner of the Bienapfl Family Limited Partnership, and the partner who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in ��a thi ,e �jrdf tate fust above written. o,,°°(� CLIFROXh'°° °° 'Nt°p0000p O°`\b OP 'CPRY ° O Notary Public fo • dalr pU3-,'N �°fie` Residing at eStC�itt9: Eagle, Idaho !on Expilres; 611=02 My commission � SS �riraa:�aton�o SPECIAL WARRANTY DEED - 2 03545.0007.8575163.2 EXHIBIT A LEGAL DESCRIPTION Parcel 1A: Basis of Bearings for this legal description is South 89113'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter comer of said Section 21; thence South 0°11'04" West, coincident with the West line of said Northeast quarter of Section 21, a distance of 1127.44 feet to the centerline of the Five Mile Canal, the beginning of a non -tangent curve; thence 19.77 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 5°3945", a radius of 200.00 feet, subtended by a chord bearing South 67°30'46" East, 19.76 feet; thence South 64°40'54" East, coincident with said centerline of the Five Mile Canal, 77.83 feet to the beginning of a tangent curve; thence 30.88 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 35122'58", a radius of 50.00 feet, subtended by a chord bearing South 46°59'25" East, 30.39 feet; thence South 29°17'56" East, coincident with said centerline of the Five Mile Canal 6.00 feet and the beginning of a tangent curve; thence 49.99 feet along the arc of said curve to the left and said centerline of the Five Mile Canal, with a central angle of 5°4342", a radius of 500.00 feet, subtended by a chord bearing South 32°09'47" East, 49.97 feet; thence South 35°01'38" East, coincident with said centerline of the Five Mile Canal, 225.08 feet; thence South 35°58'42" East, coincident with said centerline of the Five Mile Canal, 175.40 feet and the Point of Beginning; thence continuing South 35°5842" East, coincident with said centerline of the Five Mile Canal, 58.55 feet to the beginning of a tangent curve; thence 72.60 feet along the arc of said curve to the left and said centerline of the Five Mile Canal, with a central angle of 41°3547", a radius of 100.00 feet, subtended by a chord bearing South 56°4636" East, 71.02 feet; thence South 77°34'29" East, coincident with said centerline of the Five Mile Canal, 200.64 feet to the beginning of a tangent curve; thence 112.46 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 32°13'00", a radius of 200.00 feet, subtended by a chord bearing South 61°27'59" East, 110.98 feet; thence South 45°21'29" East, coincident with said centerline of the Five Mile Canal, 78.42 feet to the beginning of a tangent curve; thence 199.25 feet along the arc of said curve to the left and said centerline of the Five Mile Canal, with a central angle of 57°04'56", a radius of 200.00 feet, subtended by a chord bearing South 73°53'57" East, 191.12 feet; thence SPECIAL WARRANTY DEED - 3 03545.0007.8575163.2 North 77°33'34" East, coincident with said centerline of the Five Mile Canal, 109.40 feet to the beginning of a tangent curve; thence 166.58 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 47143'16", a radius of 200.00 feet, subtended by a chord bearing South 78°3447" East, 161.81 feet; thence South 54°43'11" East, coincident with said centerline of the Five Mile Canal, 67.31 feet; thence South 35°16'51" West, 162.65 feet to the beginning of a non -tangent curve; thence 27.53 feet along the arc of said curve to the right, with a central angle of 4°18'33", a radius of 366.00 feet, subtended by a chord bearing South 64°18'12" East, 27.52 feet; thence South 27151'05" West, 44.00 feet; thence South 0111'08" West, 422.46 feet; thence North 89°48'56" West, 115.00 feet; thence South 0°11'04" West, parallel with said West line of the Northeast quarter of Section 21, a distance of 6.86 feet; thence North 89°08'03" West, 730.05 feet; thence North 0°11'04" East, parallel with said West line of the Northeast quarter of Section 21, a distance of 23.20 feet; thence North 89°4856" West, 144.00 feet; thence North 0°11'04" East, parallel with said West line of the Northeast quarter of Section 21, a distance of 372.00 feet; thence South 89°48'56" East, 95.56 feet; thence North 44°48'56" West, 7.87 feet; thence North 0°11'03" East, a distance of 298.00 feet; thence South 89°4856" East, 40.00 feet; thence North 0°11'04" East, parallel with said West line of the Northeast quarter of Section 21, a distance of 240.64 feet to the Point of Beginning Parcel 2A: Basis of Bearings for this legal description is South 89°13'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter corner of said Section 21; thence South 0°11'04" West, coincident with the West line of said Northeast quarter of Section 21, a distance of 2618.11 feet to the Point of Beginning; thence South 89°08'03" East, 244.02 feet; thence North 0°11'04" East, parallel with said West line of the Northeast quarter of Section 21, a distance of 143.21 feet; thence South 89°48'56" East, 144.00 feet; thence SPECIAL WARRANTY DEED - 4 03545.0007.8575163.2 South 0°11'04" West, parallel with said West line of the Northeast quarter of Section 21, a distance of 23.20 feet; thence South 89°08'03" East, 730.05 feet; thence North 0°11'04" East, parallel with said West line of the Northeast quarter of Section 21, a distance of 6.86 feet; thence South 89°48'56" East, 115.00 feet; thence South 0°11'04" West, parallel with said West line of the Northeast quarter of Section 21, a distance of 150.00 feet; thence North 89°48'56" West, 49.00 feet; thence South 0011104" West, parallel with said West line of the Northeast quarter of Section 21, a distance of 168.87 feet to the centerline of the Ridenbaugh Canal; thence North 84°03'21" West, coincident with said centerline of the Ridenbaugh Canal, 20.23 feet; thence South 89°28'30" West, coincident with said centerline of the Ridenbaugh Canal, 187.09 feet; thence South 0°55'40" West, 20.23 feet; thence North 89110'02" West, 976.67 feet to the West line of the Southeast quarter of said Section 21; thence North 0°12'27" East, coincident with said West line of the Southeast quarter of Section 21, a distance of 174.05 feet to the Southwest comer of said Northeast quarter of Section 21; thence North 0°11'04" East, 39.00 feet to the Point of Beginning. Parcel 3A: Basis of Bearings for this legal description is South 89°13'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter corner of said Section 21; thence South 0°11'04" West, coincident with the West line of said Northeast quarter of Section 21, a distance of 1946.24 feet to the Point of Beginning; thence South 89048'56" East, 334.00 feet; thence South 0°11'04" West, parallel with said West line of the Northeast quarter of Section 21, a distance of 154.00 feet; thence South 44°4856" East, 7.87 feet; thence North 89°48'56" West, 95.56 feet; thence South 0°11'04" West, parallel with said West line of the Northeast quarter of Section 21, a distance of 515.21 feet; thence North 89108'03" West, 244.02 feet to said West line of the Northeast quarter of Section 21; thence SPECIAL WARRANTY DEED - 5 03545.0007.8575163.2 North 0°11'04" East, coincident with said West line of the Northeast quarter of Section 21, a distance of 671.87 feet to the Point of Beginning. Parcel 4A: Basis of Bearings for this legal description is South 89013'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter corner of said Section 21; thence South 0°11'04" West, coincident with the West line of said Northeast quarter of Section 21, a distance of 1882.87 feet; thence South 89°13'35" East, parallel to the North line of said Northeast quarter of Section 21, a distance of 1322.19 feet to the Point of Beginning; thence continuing South 54°43'09" East, coincident with said centerline of the Five Mile Canal, 165.49 feet to the beginning of a tangent curve; thence 193.80 feet along the arc of said curve to the left and said centerline of the Five Mile Canal, with a central angle of 60°01'20", a radius of 185.00 feet, subtended by a chord bearing South 84°4349" East, 185.06 feet; thence South 24°44'29" East, 40.00 feet; thence South 41°14'59" East, 124.27 feet; thence South 23°45'23" East, 45.82 feet; thence South 13°37'04" East, 89.91 feet; thence South 0°11'04" West, parallel with said West line of the Northeast quarter of Section 21, a distance of 407.14 feet; thence South 24°11'35" East, 51.06 feet; thence South 6°17'30" West, 162.90 feet to the centerline of the Ridenbaugh Canal; thence North 84°03'21" West, coincident with said centerline of the Ridenbaugh Canal, 603.79 feet; thence North 0°11'04" East, parallel with said West line of the Northeast quarter of Section 21, a distance of 168.87 feet; thence South 89°48'56" East, 49.00 feet; thence North 0°11'04" East, 150.00 feet; thence North 0°11'08" East, 422.46 feet; thence North 27°51'05" East, 44.00 feet to the beginning of a non -tangent curve; thence 27.53 feet along the arc of said curve to the left, with a central angle of 4°18'33", a radius of 366.00 feet, subtended by a chord bearing North 64°18'12" West, 27.52 feet; thence North 35°16'51" East, 162.65 feet to the Point of Beginning. SPECIAL WARRANTY DEED - 6 03545.0007.8575163.2 Parcel 5A: Basis of Bearings for this legal description is South 89013'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the East half of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County,Idaho, more particularly described as follows: Commencing at an aluminum cap marking the Northeast corner of said Section 21; thence South 0°37'54" West, coincident with the East line of the Northeast quarter of said Section 21, a distance of 2661.26 feet to the East quarter corner of said Section 21; thence North 89°08'00" West, coincident with the South line of said Northeast quarter of Section 21, a distance of 107.56 feet to the Point of Beginning; thence continuing North 89°08'00" West, coincident with the South line of said Northeast quarter of Section 21, a distance of 102.32 feet to the centerline of the Ridenbaugh Canal; thence South 39°51'57" West, coincident with said centerline of the Ridenbaugh Canal, 253.25 feet; thence South 65°04'09" West, coincident with said centerline of the Ridenbaugh Canal, 100.00 feet; thence North 84°03'21" West, coincident with said centerline of the Ridenbaugh Canal, 411.17 feet; thence North 6°17'30" East, 162.90 feet; thence North 24°11'35" West, 51.06 feet; thence North 0°11'04" East, parallel with the West line of the Northeast quarter of said Section 21, a distance of 369.54 feet; thence North 68°36'22" East, 66.10; thence North 48°45'01" East, 232.05 feet; thence South 60°49'22" East, 218.43 feet; thence South 0°37'54" West, parallel with said East line of the Northeast quarter of Section 21, a distance of 209.73 feet; thence South 37°28'54" West, 10.84 feet; thence South 64157'48" East, 129.03 feet; thence South 46°47'08" East, 46.58 feet; thence South 52°31'06" East, 248.87 feet to the Point of Beginning. Parcel 6A: Basis of Bearings for this legal description is South 89°13'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. . SPECIAL WARRANTY DEED -.7 03545-0007.8575163.2 A parcel of land located in the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap marking the Northeast corner of said Section 21; thence South 0°37'54" West, coincident with the East line of said Northeast quarter of Section 21, a distance of 2079.01 feet to the Point of Beginning; thence continuing South 0°37'54" West, coincident with said East line of the Northeast quarter of Section 21, a distance of 582.24 feet to the East quarter corner of said Section 21; thence North 89°08'00" West, 107.56 feet; thence North 52°31'06" West, 248.87 feet; thence North 46°47'08" West, 46.58 feet; thence North 64°5748" West, 129.03 feet; thence North 37°2854" East, 10.84 feet; thence North 0°37'54" East, parallel with said East line of the Northeast quarter of Section 21, a distance of 209.73 feet; thence North 60°49'22" West, 218.43 feet; thence South 48°45'01" West, 232.05 feet; thence South 68°36'22" West, 66.10 feet; thence North 0°11'04" East, parallel with the West line of said Northeast quarter of Section 21, a distance of 37.60 feet; thence North 13°37'04" West, 89.91 feet; thence North 23°45'23" West, 45.82 feet; thence North 41°14'59" West, 124.27 feet; thence North 24°44'29" West, 40.00 feet to the centerline of the Five Mile Canal and the beginning of a non -tangent curve; thence 53.30 feet along the arc of said curve to the left and said centerline of the Five Mile Canal, with a central angle of 16130'30", a radius of 185.00 feet, subtended by a chord bearing North 57°00'16" East, 53.12 feet; thence North 48°45'01" East, coincident with said centerline of the Five Mile Canal, 202.35 feet to the beginning of a tangent curve; thence 100.03 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 45°50'58", a radius of 125.00 feet, subtended by a chord bearing North 71140'30" East, 97.38 feet; thence South 85°24'01" East, coincident with said centerline of the Five Mile Canal, 171.21 feet to the beginning of a tangent curve; thence 53.25 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 24°24'23", a radius of 125.00 feet, subtended by a chord bearing South 73°11'50" East, 52.84 feet; thence South 60°59'38" East, coincident with said centerline of the Five Mile Canal, 85.77 feet; thence South 60°46'33" East, coincident with said centerline of the Five Mile Canal, 232.89 feet; thence South 63°04'43" East, coincident with said centerline of the Five Mile Canal, 192.92 feet to the beginning of a tangent curve; thence 27.80 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 63°42'37", a radius of 25.00 feet, subtended by a chord bearing South 31°13'24" East, 26.39 feet; thence South 89°22'06" East, 44.00 feet to the Point of Beginning. SPECIAL WARRANTY DEED - 8 03545.0007.8575163.2 EXHIBIT B PERMITTED EXCEPTIONS 1. Taxes, including any assessments collected therewith, for the year 2017 which are a lien not yet due and payable. 2. Real property taxes which may be assessed, levied and extended on any "subsequent and/or occupancy roll' with respect to improvements completed during the current tax year and previous tax years, which escaped assessment on the regular assessment roll, which are not yet due and payable. 3. The land described herein is located within the boundaries of Ada County and is subject to any assessments levied thereby. 4, The land described herein is located within the boundaries of Nampa -Meridian Irrigation District and is subject to any assessments levied thereby. 5. Right-of-way for Ridenbaugh Canal and the rights of access thereto for maintenance of said canal. 6. Right-of-way for Eightmile Creek and the rights of access thereto for maintenance of said creek. 7. Right-of-way for S. Cloverdale Road and the rights of access thereto for maintenance of said road. 8. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded December 30, 1899 in Book 3 of Patents, at Page 202, records of Ada County, Idaho. 9. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded October 15, 1900 in Book 3 of Patents, at Page 433, records of Ada County, Idaho. 10. Drainage Easement recorded: February 5, 1959 as Instrument No. 446793, Book 37 of Miscellaneous Records at Pages 469, 470 and 471, records of Ada County, Idaho. 11. Master Pathway Agreement, recorded December 26, 2000, January 9, 2001, February 6, 2001, and February 15, 2001 as Instrument Nos. 100102999, 101002090, 101002091, 101009649, and 101013585, records of Ada County, Idaho. 12. Ordinance No. 6150, recorded May 30, 2002 as Instrument No. 102060940, records of Ada County, Idaho. SPECIAL WARRANTY DEED - 9 03545,0007.8575163.2 13. Ordinance No. 6175, recorded August 29, 2002 as Instrument No. 102098378, records of Ada County, Idaho. 14. Ordinance 10-16 (CAR16-00003), recorded April 21, 2016 as Instrument No. 2016- 033388, records of Ada County, Idaho. SPECIAL WARRANTY DEED - 10 03545.0007.8575163.2 ADA COUNTY RECORDER Christopher D. Rich 2017-000985 BOISE IDAHO Pgs=11 BONNIE OBERBILLIG 01/04/2017 04:14 PM TITLEONE BOISE $40.00 Recording Requested By and When Recorded Return to: C4 Land LLC 4824 W Fairview Ave Boise, ID 83706 Attn: Jim D Conger /J-Q,57� � / SPACE ABOVE'rHIS UNE FOR RECO[tDER'S USE ONLY 1! SPECIAL WARRANTY DEED For good and valuable consideration, the receipt of which is hereby acknowledged, Bienapfl Family Limited Partnership, an Idaho limited partnership, and B S B, LLC, an Idaho limited liability company (collectively, "Grantor"), do hereby grant, sell, transfer and convey to C4 Land LLC, an Idaho limited liability company ("Grantee"), whose address is 4824 West Fairview Avenue, Boise, Idaho 83706, and its successors and assigns forever, the real property described on the attached Exhibit A ("Subject Property"); To have and to hold the Subject Property and all buildings and improvements thereon, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. Grantor hereby covenants with Grantee that the Subject Property is free from all liens, claims or encumbrances and that it will warrant and defend said Premises against the lawful claims of all persons claiming by, through or under it; subject, however to those liens, encumbrances and other matters listed on Exhibit B attached hereto and by this reference made a part hereof. EXCEPT AS SPECIFICALLY PROVIDED IN THE PURCHASE AND SALE AGREEMENT BETWEEN GRANTOR AND GRANTEE AND THIS SPECIAL WARRANTY DEED (COLLECTIVELY, THE "EXPRESS REPRESENTATIONS"), SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO ANY AND ALL WARRANTIES AND REPRESENTATIONS OF, AS TO OR CONCERNING MERCHANTABILITY, CONDITION, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, HABITABILITY, ENVIRONMENTAL MATTERS OR COMPLIANCE WITH LAWS PERTAINING OR RELATED TO THE PROPERTY. EXCEPT FOR THE EXPRESS REPRESENTATIONS, ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR ARISING BY LAW, CONCERNING THE PROPERTY ARE HEREBY SPECIAL WARRANTY DEED - l 03545.0008.8574506.3 DISCLAIMED AND WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW. SUBJECT TO THE EXPRESS REPRESENTATIONS, BUYER ACKNOWLEDGES THAT BUYER IS ACQUIRING THE PROPERTY IN ITS CURRENT CONDITION, AS IS, WHERE IS. THIS PARAGRAPH SHALL SURVIVE THE CLOSING OR ANY TERMINATION OF THIS AGREEMENT. / I I WITNESS THE EXECUTION HEREOF as of the "� �l�j day of January, 2017. SPECIAL WARRANTY DEED - 2 Bienapfl Family Limited Partnership, an Idaho limited partnership: By: Z401�-P' V.�Qw2 t_aeL��uuv rc� William P. Bienapfl, Jr. (49' known as William P. Bienapfl), General Partner B S B, LLC, an Idaho limited liability company: By: William P. Bienapfl, Jr. (als own as William P. Bienapfl), Manager 03545 DOOR Ri7dinf.'I STATE OF IDAHO ) ) ss. County of Ada On this day of January, 2017, before me, a Notary Public in and for said state, personally appeared William P. Bienap , Jr. (also known as William P. Bienapfl), known or identified to me to be the general partner of the Bienapfl Family Limited Partnership, and the partner who subscribed said partnership name to the foregoing instrument, and acknowledged to me that lie executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and a,k° 'eo ificate first above written. Y,�vh rAy�J Z e° I y ° tQ o '17 Notary Pitfi IdahoolACV eg. Residing at ing: E a dea Idaho AHQ My Commission e q!qnExpires: 6/18/2022 ,'a�nnnnacaaaxD��a STATE OF IDAHO ) ss. County of Ada Jf ) (, / ' 4 l�/J// On this da of Januar 2017 before me �'U' 1C G �� 0 Y Y> C a Notary Public in and for said State, personally appeared William P. Bienapfl, r. (also known as William P. Bienapfl), known or identified to me to be the manager of B S B, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability 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. '6`Dga Dn Yi nnnnyl /� m44 O 0000000000 O ���Pi Nod o�4�Tj w ° � o Notary Pub lc ,.. aho - to :�'lt °o b0 Residing at �a FMIGa Idahoo+ ) /� o, 0 °OoeeCee°°o° ,004 My commission expl •` 1 ya���lroa: 6/18/202 dA, JT— .,�1't'DAaHODD4D�� SPECIAL WARRANTY DEED -3 03 545.0003.8574506.3 EXHIBIT A Parcel 113: Basis of Bearings for this legal description is South 89°13'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter corner of said Section 21; thence South 0°11'04" West, coincident with the West line of said Northeast quarter of Section 21, a distance of 1127.44 feet to the centerline of the Five Mile Canal, the beginning of a non -tangent curve and the Point of Beginning; thence 19.77 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 5°39'45", a radius of 200.00 feet, subtended by a chord bearing South 67°30'46" East, 19.76 feet; thence South 64°40'54" East, coincident with said centerline of the Five Mile Canal, 77.83 feet to the beginning of a tangent curve; thence 30.88 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 35°22'58", a radius of 50.00 feet, subtended by a chord bearing South 46°59'25" East, 30.39 feet; thence South 29°17'56" East, coincident with said centerline of the Five Mile Canal 6.00 feet and the beginning of a tangent curve; thence 49.99 feet along the arc of said curve to the left and said centerline of the Five Mile Canal, with a central angle of 5°4342", a radius of 500.00 feet, subtended by a chord bearing South 32°09'47" East, 49.97 feet; thence South 35°01'38" East, coincident with said centerline of the Five Mile Canal, 225.08 feet; thence South 35°58'42" East, coincident with said centerline of the Five Mile Canal, 175.40 feet; thence South 0°11'04" West, parallel with said West line of the Northeast quarter of Section 21, a distance of 240.64 feet; thence North 89°48'56" West, 40.00 feet; thence South 0°11'04" West, parallel with said West line of the Northeast quarter of Section 21, a distance of 144.00 feet; thence North 89°48`56" West, 334.00 feet to said West line of the Northeast quarter of Section 21; thence North 0°11'04" East, coincident with said West line of the Northeast quarter of Section 21, a distance of 818.80 feet to the Point of Beginning. SPECIAL WARRANTY DEED - 4 03545.0005.3574506.3 Parcel 2B: Basis of Bearings for this legal description is South 89°13'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter corner of said Section 21; thence South 0°11'04" West, coincident with the West line of said Northeast quarter of Section 21, a distance of 892.93 feet to the Point of Beginning; thence South 89°13'17" East, 703.00 feet; thence North 0°11'04" East, parallel with said West line of the Northeast quarter of Section 21, a distance of 98.74 feet; thence South 89°13'17" East, 540.83 feet to the beginning of a non -tangent curve; thence 11.71 feet along the are of said curve to the right, with a central angle of 23°19'49", a radius of 28.76 feet, subtended by a chord bearing South 25°42'00" West, 11.63 feet to the point of reverse curvature; thence 16.42 feet along the arc of said curve to the left, with a central angle of 34°50'55", a radius of 27.00 feet, subtended by a chord bearing South 18°12'07" West, 16.17 feet; thence South 0°46'25" West, 225.66 feet to the beginning of a tangent curve; thence 130.99 feet along the arc of said curve to the left, with a central angle of 26"36'51", a radius of 282.00 feet, subtended by a chord bearing South 12°32'00" East, 129.82 feet to the point of reverse curvature; thence 441.80 feet along the arc of said curve to the right, with a central angle of 79°36'05", a radius of 318.00 feet, subtended by a chord bearing South 13°5737" West, 407.12 feet; thence South 53°45'46" West, 113.18 feet; thence North 36'14'14" West, 68.00 feet; thence North 0°46'43" East, 121.26 feet; thence North 32°00'09" West, 51.56 feet to the beginning of a non -tangent curve; thence 15.42 feet along the arc of said curve to the right, with a central angle of 31'3345", a radius of 28.00 feet, subtended by a chord bearing South 75100'05" West, 15.23 feet; thence North 89'13'17" West, 142.63 feet; thence North 0°46'43" East, 166.00 feet; thence North 89'13'17" West, 315.00 feet; thence North 0°46'43" East, 80.50 feet; thence North 89'13'17" West, 147.62 feet; thence South 54°30'28" West, 26.00 feet; thence North 35°29'31" West, 55.76 feet to the beginning of a non -tangent curve; thence 5.55 feet along the are of said curve to the right, with a central angle of 5°53'29", a radius of 54.00 feet, subtended by a chord bearing North 32°32'39" West, 5.55 feet; thence South 54°30'36" West, 208.52 feet to the centerline of Eight Mile Creek; thence North 35°01'38" West, coincident with said centerline of Eight Mile Creek, 36.93 feet to the beginning of a tangent curve; thence 49.99 feet along the are of said curve to the right, and SPECIAL WARRANTY DEED - 5 03545.0008.9574506, 11 coincident with said centerline of Eight Mile Creek, with a central angle of 5°43'42", a radius of 500.00 feet, subtended by a chord bearing North 32°09'47" West, 49.97 feet; thence North 29°17'56" West, coincident with said centerline of Eight Mile Creek, 6.00 feet to the beginning of a tangent curve; thence 30.88 feet along the arc of said curve to the left, and coincident with said centerline of Eight Mile Creek, with a central angle of 35°23'09", a radius of 50.00 feet, subtended by a chord bearing North 46°5931" West, 30.39 feet; thence North 64140'54" West, coincident with said centerline of Eight Mile Creek, 98.02 feet to said West line of the Northeast quarter of Section 21; thence North 0°11'04" East, coincident with said West line of the Northeast quarter of Section 21, a distance of 233.44 feet to the Point of Beginning. Parcel 3B: Basis of Bearings for this legal description is South 89°13'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter corner of said Section 21; thence South 0°11'04" West, coincident with the West line of said Northeast quarter of Section 21, a distance of 892.93 feet; thence South 89°13'17" East, 703.00 feet; thence North 0°11'04" East, parallel with said West line of the Northeast quarter of Section 21, a distance of 98.74 feet; thence South 89°13'17" East, 540.83 feet to the beginning of a non -tangent curve and the Point of Beginning; thence 11.26 feet along the arc of said curve to the right, with a central angle of 22°38'08", a radius of 28.50 feet, subtended by a chord bearing South 25°16'51" West, 11.19 feet to the point of reverse curvature; thence 16.88 feet along the arc of said curve to the left, with a central angle of 35°49'29", a radius of 27.00 feet, subtended by a chord bearing South 18°41'10" West, 16.61 feet; thence South 0°46'25" West, 225.66 feet to the beginning of a tangent curve; thence 130.99 feet along the arc of said curve to the left, with a central angle of 26°36'47", a radius of 282.00 feet, subtended by a chord bearing South 12°31'58" East, 129.81 feet to the point of reverse curvature; thence 414.32 feet along the are of said curve to the right, with a central angle of 74°39'00", a radius of 318.00 feet, subtended by a chord bearing South 11°29'08" West, 385.63 feet; thence South 52°5848" West, 86.90 feet; thence South 53°45'46" West, 167.55 feet to the beginning of a tangent curve; thence 113.70 feet along the arc of said curve to the left, with a central angle of 23'06'01", a radius of 282.00 feet, subtended by a chord bearing South 4211245" West, 112.93 feet; thence South 30°39'45" West, 46.81 feet to the centerline of the Five Mile Canal and the beginning of a non -tangent curve; thence 122.93 feet along the arc of said curve to the left and said centerline of SPECIAL WARRANTY DEED - 6 03545.0003.8574506. ; the Five Mile Canal, with a central angle of 35°12'56", a radius of 200.00 feet, subtended by a chord bearing South 84°49'57" East, 121.00 feet; thence North 77°33'34" East, coincident with said centerline of the Five Mile Canal, 109.40 feet and the beginning of a tangent curve; thence 166.58 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 47043'16", a radius of 200.00 feet, subtended by a chord bearing South 78°3447" East, 161.81 feet; thence South 54°43'09" East, coincident with said centerline of the Five Mile Canal, 78.81 feet; thence North 46001'30" East, 164.61 feet; thence North 49°2325" East, 44.08 feet; thence North 48°45'01" East, 340.38 feet; thence North 34°54'01" East, 44.84 feet; thence North 46001'30" East, 141.65 feet to the Westerly bank of the Ridenbaugh Canal; thence North 45°21'57" West, coincident with said Westerly bank of the Ridenbaugh Canal, 371.18 feet; thence North 27°06'57" West, coincident with said Westerly bank of the Ridenbaugh Canal, 100.00 feet; thence North 7°21'57" West, coincident with said Westerly bank of the Ridenbaugh Canal, 173.00 feet; thence North 7°22'14" West, coincident with said Westerly bank of the Ridenbaugh Canal, 69.14 feet; thence North 89'13'17" West, 278.94 feet to the Point of Beginning. Parcel 4B: Basis of Bearings for this legal description is South 89°13'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter corner of said Section 21; thence South 0°11'04" West, coincident with the West line of said Northeast quarter of Section 21, a distance of 1126.36 feet to the centerline of Eight Mile Creek and the beginning of a tangent curve; thence South 64°40'54" East, coincident with said centerline of Eight Mile Creek, 98.02 feet to said West line of the Northeast quarter of Section 21, to the beginning of a tangent curve; thence 30.88 feet along the arc of said curve to the right, and coincident with said centerline of Eight Mile Creek, with a central angle of 35°23'09", a radius of 50.00 feet, subtended by a chord bearing South 46°59'31" East, 30.39 feet; thence South 29°17'56" East, coincident with said centerline of Eight Mile Creek, 6.00 feet to the beginning of a tangent curve; thence 49.99 feet along the are of said curve to the left, and SPECIAL WARRANTY DEED - 7 0354i.0008.8574506.3 coincident with said centerline of Eight Mile Creek, with a central angle of 5°4342", a radius of 500.00 feet, subtended by a chord bearing South 32°09'47" East, 49.97 feet; thence South 35°01'38" East, coincident with said centerline of Eight Mile Creek, 36.93 feet to the Point of Beginning; thence leaving said centerline of Eight Mile Creek North 54°30'36" East, 208.52 feet to the beginning of a non -tangent curve; thence 5.55 feet along the arc of said curve to the left, with a central angle of 5°5329", a radius of 54.00 feet, subtended by a chord bearing South 32°32'39" East, 5.55 feet; thence South 35°29'31" East, 55.76 feet; thence North 54°30'28" East, 26.00 feet; thence South 89°13'17" East, 147.62 feet; thence South 0°46'43" West, 80.50 feet; thence South 89°13'17" East, 315.00 feet; thence South 0°46'43" West, 166.00 feet; thence South 89°13'17" East, 142.63 feet to the beginning of a tangent curve; thence 15.42 feet along the arc of said curve to the left, with a central angle of 31°33'13", a radius of 28.00 feet, subtended by a chord bearing North 75°00'07" East, 15.23 feet; thence South 32°00'09" East, 51.56 feet; thence South 0°46'43" West, 121.26 feet; thence South 36°14'14" East, 68.00 feet; thence South 53°45'46" West, 113.81 feet to the beginning of a tangent curve; thence 113.70 feet along the arc of said curve to the left, with a central angle of 23°06'04", a radius of 282.00 feet, subtended by a chord bearing South 42°12'44" West, 112.93 feet; thence South 30°39'45" West, 46.81 feet to said centerline of Eight Mile Creek and the beginning of a non -tangent curve; thence 76.33 feet along the are of said curve to the right, and coincident with said Eight Mile Creek, with a central angle of 21'5 V58", a radius of 200.00 feet, subtended by a chord bearing North 56°17'21" West, 75.87 feet; thence North 45°21'29" West, coincident with said Eight Mile Creek, 78.42 feet to the beginning of a tangent curve; thence 112.46 feet along the arc of said curve to the left, and coincident with said Eight Mile Creek, with a central angle of 32°13'03", a radius of 200.00 feet, subtended by a chord bearing North 61°28'00" West, 110.98 feet; thence North 77°3429" West, coincident with said Eight Mile Creek, 200.64 feet to the beginning of a tangent curve; thence 72.60 feet along the arc of said curve to the right, and coincident with said Eight Mile Creek, with a central angle of 41°3548", a radius of 100.00 feet, subtended by a chord bearing North 56°46'35" West, 71.02 feet; thence North 35°5842" West, coincident with said centerline of Eight Mile Creek, 233.95 feet; thence North 35°01'38" West, coincident with said centerline of Eight Mile Creek, 188.15 feet to the Point of Beginning. Parcel 5B: Basis of Bearings for this legal description is South 89113'35" East, between the brass cap marking the North quarter of Section 21 and the aluminum cap marking the Northeast corner of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. SPECIAL WARRANTY DEED - 8 03545.0003 S;7a;nf, A parcel of land located in the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap marking the Northeast corner of said Section 21; thence South 0°37'54" West, coincident with the East line of said Northeast quarter of Section 21, a distance of 1976.78 feet to the Point of Beginning; thence continuing South 0°37'54" West, coincident with said East line of the Northeast quarter of Section 21, a distance of 102.23 feet; thence North 89°22'06" West, 44.00 feet to the centerline of the Five Mile Canal and the beginning of a non -tangent curve; thence 27.80 feet along the arc of said curve to the left and said centerline of the Five Mile Canal, with a central angle of 63°42'37", a radius of 25.00 feet, subtended by a chord bearing North 31 ° 13'24" West, 26.39 feet; thence North 63°04'43" West, coincident with said centerline of the Five Mile Canal, 192.92 feet; thence North 60°46'33" West, coincident with said centerline of the Five Mile Canal, 232.89 feet; thence North 60°59'38" West, coincident with said centerline of the Five Mile Canal, 85.77 feet to the beginning of a tangent curve; thence 53.25 feet along the arc of said curve to the left and said centerline of the Five Mile Canal, with a central angle of 24°24'23", a radius of 125.00 feet, subtended by a chord bearing North 73°11`50" West, 52.84 feet; thence North 85°24'01" West, coincident with said centerline of the Five Mile Canal, 171.21 feet to the beginning of a tangent curve; thence 100.03 feet along the are of said curve to the left and said centerline of the Five Mile Canal, with a central angle of 45050'58", a radius of 125.00 feet, subtended by a chord bearing South 71°40'30" West, 97.38 feet; thence South 48°45'01" West, coincident with said centerline of the Five Mile Canal, 202.35 feet to the beginning of a tangent curve; thence 247.11 feet along the arc of said curve to the right and said centerline of the Five Mile Canal, with a central angle of 76°31'50", a radius of 185.00 feet, subtended by a chord bearing South 87°00'56" West, 229.14 feet; thence North 54°43'09" West, coincident with said centerline of the Five Mile Canal, 153.99 feet; thence North 46°01'30" East, 164.61 feet; thence North 49°23'25" East, 44.08 feet; thence North 48°45'01" East, 340.38 feet; thence North 34°54'01" East, 44.84 feet; thence North 46°01'30" East, 141.65 feet to a point on the Westerly bank of the Ridenbaugh Canal; thence South 45°21'57" East, coincident with the Westerly bank of the Ridenbaugh Canal, 178.82 feet; thence South 54006'57" East, coincident with said Westerly bank of the Ridenbaugh Canal, 822.94 feet to the East line of said Northeast quarter of Section 21 to the Point of Beginning. SPECIAL WARRANTY DEED - 9 03545.0008.8574506, 1 EXHIBIT B 1. Taxes, including any assessments collected therewith, for the year 2017 which are a lien not yet due and payable. 2. Real property taxes which may be assessed, levied and extended on any "subsequent and/or occupancy roll" with respect to improvements completed during the current tax year and previous tax years, which escaped assessment on the regular assessment roll, which are not yet due and payable. 3. The land described herein is located within the boundaries of Ada County and is subject to any assessments levied thereby. 4. The land described herein is located within the boundaries of City of Meridian and is subject to any assessments levied thereby. 5. The land described herein is located within the boundaries of Nampa -Meridian Irrigation District and is subject to any assessments levied thereby. 6. Right-of-way for Ridenbaugh Canal and the rights of access thereto for maintenance of said canal. 7. Right-of-way for Eightmile Creek and the rights of access thereto for maintenance of said creek. 8. Right-of-way for S. Cloverdale Road. 9. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded October 15, 1900 in Book 3 of Patents, at Page 433, records of Ada County, Idaho. 10. Master Pathway Agreement, recorded December 26, 2000, January 9, 2001, February 6, 2001, and February 15, 2001 as Instrument Nos. 100102999, 101002090, 101002091, 101009649, and 101013585, records of Ada County, Idaho. 11. Ordinance No. 6150, recorded May 30, 2002 as Instrument No. 102060940, records of Ada County, Idaho. 12. Ordinance No. 6175, recorded August 29, 2002 as Instrument No. 102098378, records of Ada County, Idaho. 13. Record of Survey No. 6111 recorded April 4, 2003 as Instrument No. 103056171, records of Ada County, Idaho. 14. Drainage Easement, recorded February 5, 1959 as Instrument No. 446793, Book 37 of Miscellaneous Records at Pages 469, 470, and 471, records of Ada County, Idaho. SPECIAL WARRANTY DEED - 10 03545.00O8.857 4506.3 15. Ordinance No. 10-16. recorded April 21, 2016 as Instrument No. 2016-033388, records of Ada County, Idaho. 16. Ingress -Egress Easement Agreement, recorded August 9, 2016 as Instrument No. 2016- 072867, records of Ada County, Idaho. SPECIAL WARRANTY DEED - 1 l 03545.0008.8574506.3 ADA COUNTY RECORDER Christopher D. Rich 2017-012353 BOISE IDAHO Pgs=7 LISA BATT 02/09/2017 01:02 PM ACHD NO FEE Illilll IIIlilil Ilillllllllll I IIII II IIIII 111111 III 00328669201700123530070078 Project Name: Movado Estates —S PiNl; 12oPL� ,MP20,Q°E'en Project No.: SWbe ll —600 3 WW Parceilft. Township/Range/Section: 3N 1 E 21 (Reserved for Ada County Recorder) 7 WARRANTY DEED THIS INDENTURE, made this 4th day of January, 2017, Bienapfl Family Limited Partnership an Idaho limited partnership the "GRANTOR". and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO general taxes and assessments for the current year which are not yet due and payable, easements of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. Warranty Deed, page 1 The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by and on behalf of the GRANTOR, the day, month and year herein first above written. "Grantor" Bienapfl Family Limited Partnership, an Idaho limited partnership By: P William P. Bienapfl, Gen Partner State of Idaho ss. County of Ada ) 1 On t ' day of ` 2017, before me, ,J�q14 a lotary Public in and for the State of Idaho, personally appeared Wil am P. Bienapfl, known or identified to me to be the general partner of the Bienapfl Family Limited Partnership, and the partner of one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,'Syptrsersr:tra ♦♦s l� [°�Obeaoor°e `�� a'r"�etaas+ut Warranty Deed, page 2 Notary u lic for the tate of Idaho Residing atReSlding: Eagle, Idaho Idaho My Commis i�gp X022 The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Warranty Deed, page 3 EXHIBIT A LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF THE SPINE ROAD RIGHT-OF-WAY Legal Description Spine Road Right of Way August 26, 2016 BASIS OF BEARINGS for this legal description is South 89013'35" East, between the brass cap marking the N1/4 of Section 21 and the aluminum cap marking the northeast comer of Section 21, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the NE1/4 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the N1/4 comer of said Section 21; Thence South 89013'35" East, coincident with the north line of said NE1/4 of Section 21, a distance of 1084.03 feet; Thence South 0046'25" West, 62.00 feet to the southerly right of way of W. Overland Road, and the POINT OF BEGINNING; Thence South 89013'35" East, coincident with said southerly right of way of W. Overland Road, 21.23 feet to the beginning of a non -tangent curve; Thence leaving said southerly right of way of W. Overland Road, 3.69 feet along the arc of said curve to the left, with a central angle of 7017'04", a radius of 29.00 feet, subtended by a chord bearing South 4024'57" West, 3.68 feet; Thence South 0046'25" West, 50.13 feet to the beginning of a tangent curve; Thence 192.74 feet along the arc of said curve to the left, with a central angle of 39034'52", a radius of 279.00 feet, subtended by a chord bearing South 19001'01" East, 188.93 feet to the point of reverse curvature; Thence 220.72 feet along the arc of said curve to the right, with a central angle of 391134'52", a radius of 319.50 feet, subtended by a chord bearing South 19°01'01" East, 216.35 feet; Thence South 0046'26" West, 231.12 feet to the beginning of a tangent curve; Thence 16.88 feet along the arc of said curve to the left, with a central angle of 35049'29", a radius of 27.00 feet, subtended by a chord bearing South 17008'19" East, 16.61 feet to the point of reverse curvature; Thence 17.82 feet along the arc said curve to the right, with a central angle of 35049'29", a radius of 28.50 feet, subtended by a chord bearing Sotith 17008'19" East, 17.53 feet; P:\2015\15071-CMG-BIENAPFL COMMUNITY\Drawings\Descdptions\SPINE ROAD RIGHT OF WAY.docx Paye 11 Sawtooth Land Surveying, LLC =0/ P: (208) 398-8104 F: (208) 398-8105 2030 5. Wa5hmgton Ave., Emmett, ID 83617 Legal Description Spine Road Right of Way August 26, 2016 BASIS OF BEARINGS for this legal description is South 89013'35" East, between the brass cap marking the N1/4 of Section 21 and the aluminum cap marking the northeast comer of Section 21, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the NE1/4 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the N1/4 comer of said Section 21; Thence South 89013'35" East, coincident with the north line of said NE1/4 of Section 21, a distance of 1084.03 feet; Thence South 0046'25" West, 62.00 feet to the southerly right of way of W. Overland Road, and the POINT OF BEGINNING; Thence South 89013'35" East, coincident with said southerly right of way of W. Overland Road, 21.23 feet to the beginning of a non -tangent curve; Thence leaving said southerly right of way of W. Overland Road, 3.69 feet along the arc of said curve to the left, with a central angle of 7017'04", a radius of 29.00 feet, subtended by a chord bearing South 4024'57" West, 3.68 feet; Thence South 0046'25" West, 50.13 feet to the beginning of a tangent curve; Thence 192.74 feet along the arc of said curve to the left, with a central angle of 39034'52", a radius of 279.00 feet, subtended by a chord bearing South 19001'01" East, 188.93 feet to the point of reverse curvature; Thence 220.72 feet along the arc of said curve to the right, with a central angle of 391134'52", a radius of 319.50 feet, subtended by a chord bearing South 19°01'01" East, 216.35 feet; Thence South 0046'26" West, 231.12 feet to the beginning of a tangent curve; Thence 16.88 feet along the arc of said curve to the left, with a central angle of 35049'29", a radius of 27.00 feet, subtended by a chord bearing South 17008'19" East, 16.61 feet to the point of reverse curvature; Thence 17.82 feet along the arc said curve to the right, with a central angle of 35049'29", a radius of 28.50 feet, subtended by a chord bearing Sotith 17008'19" East, 17.53 feet; P:\2015\15071-CMG-BIENAPFL COMMUNITY\Drawings\Descdptions\SPINE ROAD RIGHT OF WAY.docx Paye 11 Thence South 0046'25" West, 27.00 feet to the beginning of a tangent curve; Thence 6.56 feet along the arc said curve to the right, with a central angle of 13111'21", a radius of 28.50 feet, subtended by a chord bearing South 7122'06" West, 6.55 feet; Thence North 89013'17" West, 55.50 feet to the beginning of a non -tangent curve; Thence 6.56 feet along the arc said curve to the right, with a central angle of 13010'46", a radius of 28.50 feet, subtended by a chord bearing North 5048'58" West, 6.54 feet; Thence North 0046'25" East, 27.00 feet to the beginning of a tangent curve; Thence 17.82 feet along the arc said curve to the right, with a central angle of 35049'29", a radius of 28.50 feet, subtended by a chord bearing North 18041'10" East, 17.53 feet to the point of reverse curvature; Thence 16.88 feet along the arc of said curve to the left, with a central angle of 35049'29", a radius of 27.00 feet, subtended by a chord bearing North 18041'10" East, 16.61 feet; Thence North 004625" East, 222.87 feet to the beginning of a tangent curve; Thence 197.63 feet along the arc of said curve to the left, with a central angle of 40022'08", a radius of 280.50 feet, subtended by a chord bearing North 19024'38" West, 193.57 feet to the point of reverse curvature; Thence 226.17 feet along the arc of said curve to the right, with a central angle of 40022'08", a radius of 321.00 feet, subtended by a chord bearing North 19024'38" West, 221.52 feet; Thence North 0046'25" East, 38.18 feet to the beginning of a tangent curve; Thence 16.50 feet along the arc of said curve to the left, with a central angle of 32035'29", a radius of 29.00 feet, subtended by a chord bearing North 15031'19" West, 16.27 feet to said southerly right of way of W. Overland Road; Thence South 89013'35" East, coincident with said southerly right of way of W. Overland Road, 25.57 feet to the POINT OF BEGINNING. The above described parcel contains 0.71 acres more or less. PA2015\1 5071 -CMG-BIENAPFL COMMUNITY\Drawings\Descriptions\SPINE ROAD RIGHT OF WAY.docx Page 12 aw emslc ll 949 50FBSVWM s09 —E 1tV1Al' -- [%tom E� E�a?� F:I''7 tZ=k:t�;� Eii• Cw �[F��if"1F:t%.�fLTi7FfI.B7iCiQ-f-� L7t• F�iF�+iFiF.i7FSIiR7II� E7Gb?i• r err{:itFs�;iEl�:��c�t:� ,r�Erri>ir. C[�rFl%iE_tY.�liliE->F3ti:"L7.i(tFfi Cz_?�f �'iiriFFii�F3'.�7Flliis:'1�[�i7• [�IMPtiL'3:j�FT'iItCY..I.Sl;i[i i• L;.l•UL it E�!iii�E:�CitYtl7i�:i• f:?i•fil;itE?Yit:i�fYT,:7CllYtiiY�RSISi• remr MIiCFr%%i:iF}i??IiCfIt e.il��Qi-Tim [>>E:TIiCri: S�F7F,iiCfFrt.`Y'IiEiFfi• EXHIBIT B RIGHT OF WAY SECTION 21 T. 3 N., R.1 E., 297rti I I Ito NwwwNIY "I t -IYtrJS'E t,1, yt NTS PROJECT* OWNER/DEVELOPER: 2030 S. WASHINGTON AVE. DWG # MOVADO CMG EMMETT, ID 8361715071 -EX SUBDIVISION A A"k P: (208) 398-8104 PROJECT# ro Tom} F• (208) 398-8105 15071 RIGHT OF WAY ��/ / SHEET DATE' 8/2016 Lo,.'S,-CliV,14GWWW.SAWTOOTHLS.COM 1 OF 1 ADA COUNTY RECORDER Christopher D. Rich 2018-010876 BOISE IDAHO Pgs=2 CHE FOWLER 02/06/2018 11:28 AM TITLEONE BOISE $15.00 TitleOne " ttttt & CScrow co. Order Number: 17291777 Warranty Deed For value receiv6d, Bienapfl Family Limited Partnership, an Idaho limited partnership the grantor, does hereby grant, bargain, sell, and convey unto Movado Development LLC, an Idaho limited liability company whose current address is P.O. Box 1610 Eagle, ID 83616 the grantee, the following described premises, in Ada County, Idaho, to wit; Basis of Bearings for this description is South 89° 13'35" East, between the brass cap marking the North quarter corner of Section 21, and an aluminum cap marking the Northeast comer of Section 21, both in Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. A parcel of land located in the Northwest quarter of the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the North quarter corner of Section 21; thence South 0°11'04" West, coincident with the West boundary line of said Northwest quarter of the Northeast quarter of Section 21, a distance of 409.43 feet; thence South 89°13'35_" East, 703.00 feet; thence South 0°11'04" West, parallel with said West line of the Northwest quarter of the Northeast quarter of Section 21, a distance of 106.81 feet to the Point of Beginning; thence South 89°13'17" East, 497.93 feet to the West right of way line of South Movado Way; thence South 0°46'25" West, coincident with the West right of way line of South Movado Way, 211.94 feet to the beginning of a curve to the right; thence 16.88 feet coincident with the arc of said curve and the West right of way line of South Movado Way, having a radius of 27.00 feet, a central angle of 35°49'29", subtended by a chord which bears South 18°41'10" West, 16.61 feet to the beginning of a reverse curve (left); thence 17.82 feet coincident with the arc of said curve and the West right of way line of South Movado Way, having a radius of 28.50 feet, a central angle of 35"49'29", subtended by a chord which bears South 18°4110" West, 17.53 feet; thence South 0°46'25" West, coincident with the West right of way line of South Movado Way, 27.00 feet to the beginning of a curve to the left; thence 6.63 feet coincident with the are of said curve, having a radius of 28.50 feet, a central angle of 13°20'12", subtended by a chord which bears South 5°53'41" East, 6.62 feet to the North boundary line of Movado Subdivision No. 2, as recorded in Book 112 of Plats at Pages 16383 through 16386, Ada County Records; thence leaving said West right of way line North 89°13'17" West, coincident with said North boundary line of Movado Subdivision No. 2, a distance of 485.34 feet; thence leaving said North boundary line North 0"11'04" East, parallel with said West line of the Northwest quarter of the Northeast quarter of Section 21, a distance of 278.02 feet to the Point of Beginning. To have and to hold the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances except those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: February 2, 2018 Bienapfl FamilyLtdLtd Partnership, an Idaho limited partnership By: P. William P. Bienapfl, General PartneiV State ofCountY of _,ss. On this 4day of in the year of , before me, the undersigned, a Notary Public in and for said State, personally appeared William P. Bienapfl known or identified to me to be the General Partner of Bienapfl Family Limited Partnership and the partner(s) who subscribed said partnership's name to the foregoing i strument, and acknowledged to me that he/she/they executed the same in said partnership name. Notary Public t Residing at: My Commission Expires: Residing; Eag"aho (seal) Commission Expires: 6/18/2022 t M. N• °• LBL1C OP' IDA% aO," 'djIlaenu/P/ ADA COUNTY RECORDER Christopher D. Rich 2018.087410 BOISE IDAHO Pgs=9 HEATHER LUTHER 09114/2018 12:05 PM ADA COUNTY HIGHWAY DISTRICT NO FEE Movado Estates -spine Road Improvements Project No.: SUBP17-0003 T.3N, R.1 B, sec. 21 (Reserved for Ada County Recorder) LM. f THIS INDENTURE, made this --a day of 2018, Bienapft Family Limited Partnership, an Idaho limited partnership, the "GRANTOR" and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made apart hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO general taxes and assessments for the current year which are not yet due and payable, easements of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRAN -FEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 Warranty Deed., page 1 (10/27/01) S.\DSREVIELV\I-Subdivisions\hiovado\Nfovado Spine Rd. SUBY17-0003\F.asements_Warranty D-ds\Lhed\Watranty Deed_Bienapk New Bulb ROW NVest_northem portion.doe. IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed sited by and on behalf of the GRANTOR, the day; month and year herein first above written. GRANTOR: Bienapfl Family Limited Partnership an Idaho Limited Partnership William --P. Bienapfi Its: General Partner (Notary acknowledgement on following page) Warranty Beed, page 2. (10/2'7/01) S \DSRk.\%lr•�N i.- uixiivisio;?5\Atosadv\'�n:,vttde 8pin:ii Std, S.M Y17-000314-imcntotts_Sti ar.r,nt3'r.?^LYISU�:'.i Ci\L� fl?r2Ulii .1}C't _H1Nn;1j,fi .�IC�t' Bulb Rf)NV NAtst_northern ,ortion.doc STATE OF IDAHO ) County of Ada ) 'This record was acknowledged before me on._..� _,.:?,�:..... .., ..:'. jdatej by jnarne(s) of individual(s)J : asztr't:� jtype of authority, such as officer or frrrsteej r��' _ : • � L•�.. ' f.�.r iii...+.... � ,t"�.b`��'�w•%: • ��,bx �� \ i:..r !'z .� fid,. Signature of notary public P a 4 a N p K .P, a •�€r iii �?�: C y a aa' PP.. • sL 5 My commission expires. The Ada County tlighvlay District (ACHE) is committed to compiience with Title X11 of the Civil Rights Act of 1964 .and re/aled regulations and directives. ACRD assures that no person shall On tiregrounds of race, color; 17ati011af origin, gender, disability or age, be excluded from participation irtt, be denied the benefits of, or be other v4se subjected to discrftnination under any ACRD service, prograrn or activity. Warrant Deed, pazge 3 (10/2-7/01) S:`0S);LVW-Mx 1•-SubdivesionslMovadolMuva i 1 Spine R(I SIUIP17-000ME.?senII!nts_; werantyDeedfM.)twd1, artantr i)red.Hiena,,ri i fe�v Huth ROW—West—northern portional« aw ed, lard 5urve-pno, LLC (F08),398-5105 20.30 w • Wp maon Avw., bnrref:t, D 453617 Legal Description spine Road Now Bulb Right of Way July 31, 2018 BASIS OF BEARINGS for this legal description is'South 89'13358 East,. been the brass cap markings the N1 of Section 21 and the aluminum cap marking the northeast comer of Section 21, bath 1n T, 3 N,, R. 1 E., S.M., laity of Meridian, Ads County; Idaho. A parcel of lard located In the NE114 of Section 21, T. 3 N., R. I E., BM., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a braw cap marking the N1P4 corner of said Section 21; Thence South 89013'35" East, coincident with the north lige of sold NE1f4 of Semon 21., d distance of 1084,03 feet; Theripe South 0046260 West, 62.00 feet to the southerly right of way of W. Overland Road, Thence South€, 89013'35" East, coincident with said southerly right of way of W. Overland Road, 21.23 feet to the beginning of a non -tangent curve; Thence leaving said southerly right of way of W. Overland Road, 1.69 feet along the arc of said curve to the left, with ra central angle. of 71117'04", a radius of 29.00 tenet, subtended by a chord bearing Sleuth 4024!57" West, 3;68 feet Thence South 004625" idlest, 50.13 feet to the beginning of a tangent c.rrve; Thence 192.74 feet along the erdof said curve to the left, with a. central angle of 39°34`52", a radius of.279:00 feet, subtended by a chorda bearing South 19"01'0'1" East, 188.93 feet to the point of revere curvature, Thence 178.60 feet along the are of said curve to the right, Wth a central angle of 32"00'350, a radius of 319.50 feet, subtended by a chord bearing South 220411'09" Fast, 176.18 feet to the paint of reverse curvature and the POINT OP BEGINNING; Thence 18.08 feet along the arc of said curve to the left, with a central angle of 33016'57", a radius of 27.00 feet, subtended by a chord bearing South 23028'28" East, 15.46 feet to the point of reverse curvature; Thence 20,32 feet along the arc of said curve to the right,: with B central angle of 40151"! 4", a radius of 28.50 feet, subtended by a chord tearing South 1903912' East. 19.89 feet; Thence South 004626" West, 26,99 feat to the beginning of a tangent curve; P:t201s%js ?l -c 43#1w pr -L COMMUNITY-MOVADO\DriAwingsXDew4iPUonsXSPINE ROAD NEW BULB PUG HT OF.. WAY.dooX Page 11 Thence 17.82 feet along the aro of said curse to the right, Wth a oentral angle of 3 '49'21"; a radius of 28,60 feat, subtended by a surd bearing Scarth 1604110" West, 17.63 to the point of reverse curvature., . Whence 16.89 feet alb the aro said curse to the left, with a central angle of 35049'278, a radius of 27.00 feet, subterWed by a chord bearing South '19041'11" West 19.91 That Thence lith 004W25" East, 60.13 feet to the beginning of a tangent curve; Thence 42.22 feet along the aro of Bald curve to the left, with is carrtral angle ofrM17", a radius of 319.60 feet, subtended by a chord taring North 3000'4T West, 42.19 feet to the POINT OF BEGINNING. The above described parcel contains 0.01 ams rwre or lees, z R 1 fa't' 6071-cAG-Bt #' APM COMMUNITY -MOV Wtab s'#eacdpWnsASPIN ROAD NEW BULB RlGi° T OF I WAYA= Page 12 aM t > amu is- Rho,:. t#Bff 8 RIGHT OF WAY ` �' T 21 . T. 3 N., A I Eaf } C,., � ,2 am ,..,..: _...,....... 2030& „ter . ........__ VAterra 9.4. JY9df�f PMitE OMA :i'lLXVILY"•leTik AOL 5awtooth Land 5urvqying, LLC F- (208) 398-8104 F: (208) 398-5105 20305. Washington Ave., Emmett, 10 83617 Legal Description Spine Road Now Bulb Right of Way West -North Augustt 28, 2018 BASIS OF BEARINGS for this legal description is South 88°1335" East, between the brass cap marking the N114 of Section 21 and the aluminum cap marking the northeast comer of Section 21, both in T. 3 N., R.1 E., S.M., City of Meridian, Ada County, Idaho. A parcel of land located in the NE1l4 of Section 21, T. 3 N., R.1 E., E.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the N1f4 comer of said Section 21; Thence South 89013'35" East, coincident with the north line of said NEI /4 of Section 21, a distance of 1084.03 feet; Thence South 0°46'25" !Neat, 82.00 feet to the southerly right of way of W. Overland Road; Thence North 89013'35" West, coincident with said southerly right of way of W. Overland Read, 25.57 feet to the beginning of a non4angent curve; Thence leaving said southerly right of way of W. Overland Road, 18.60 feet along the arc of said curve to the right, with a central angle of 32 5'29", a radius of 29.00 feet, subtended by a chord bearing South 15°31'1!x" East, 16.27' feet; Thence South 0x48'25" West, 38.18 feet to the beginning of a tangent curve; Thence 226.17 feet along the arc of said curve to the left, with a central angle of 40°22'08", a radius of 321.00 feet, subtended by a chord bearing South 191124'38" East, 221.52 feet to the point of reverse curvature; Thence 148.74 feet along the arc of said curare to the right, with a central angle of 301"22'58", a radius of 280.50 feet, subtended by a chord bearing South 24024'13° East,147.01 feet to the POINT OF BEGINNING; Thence continuing along said carve to the right, 48.68 feet, with a central angle of 9059'09", a radius of 280.50 feet, subtended by a chord bearing South 4013'09" East, 48.83 feet; Thence South 0046'25" West, 10.85 feet; Thence North 89013'17' West, 10.46 feet to the beginning of a nowtangent curare; P.W015115071-CMG-BIENAPFL COMMUNITY MOVAD(ADrawirtgsl )eWptiertslePINE ROAD NEW BULB RIGKr OF WAY WEST-NORTH.dor,x Page 11 Thence 1,46 fW along the are of said curve to the right, with o Central a 1 of 2 41 -8 1. radius of 28.50 feet, subtended by o chem bearing North U°4176" West, 1 A6 feet, Thence North O*4W25" East, 26,99 feet to the beginning of a tan nt curua; 02 } Thence 4.'11 f t s1t i this arc of sold cortin to the ht. wfth a tr�l angle of 28 ` 1'24",a radius of 28.50 feet,,�subtended by o chord bearing North 14057°07" est, 13.96 feet to the point reverse cu curvature; . Thence 18,07 feet along the are said curve to the Ieft, with a central angle of 381,20133, a radius of 27.00 feet, subtended by a c rd bearing North g° x'33" East, "i . T3 # tothe POINT OF BEGINNING. The above described parcel contains 0,01 aams mom or l@SS, P.lit)M150 '1-CMG-BIEN AWL COMMUNITy-MovADMorawinoDesc4pttomt SPINE RW NEW BULB RIGHT OF WAY WEST-NORTH,doox Page 12 &MAW, ;t-7 r . . k z MOVADO SUBMASION RIGHT OF' WAY bid cmG PM MOVADO SUBMASION RIGHT OF' WAY bid cmG ADA COUNTY RECORDER Christopher D. Rich 2016-087450 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 09/15/2016 02:01 PM TITLEONE BOISE $22.00 .Recording . ing Requeste4:.9yvid. -Whea'Aw : orded Return v; a - m w 1 kokaLI.N.M-8. &AAWItEY. LLP - --------------------- QUITCLAIM DE E D FORNALVE RE 81V 1 B- i i 'onapIft F il Uffited Parfiuvship�. Uzi Idaho limited: , am y P ..ogtcd an p4rniers mp. 40 William. P": Bm�l it.. {also UPWIT os W him -P. We tia ..T11 6, m vely. "Gr iiitbr�'), -db: b thaw, -p is. sole a.n*d sdp'. amte'.: koperl ecd a �. �re .9 t :P y 'y se-ats C Am vena me T;jj, y -p infit -,d role qgl.)d fo ..ujito. tic Li 101 0 Wi.: � .... �.. . n f! p ttW� aim Pat-. j CfGvrAht4W,) W1, reas -74.S.i AndrPs may.,Me 6ho 364-2- . ai.1 nensh p ose In- In&add is 26 411 righ(i dtl e and. 10toost wh chQramp ti .. rt 04twed. bf r -n9w has m-ne pjQpe iii. tht crit stift: -of Who, as mar.e e particul6rl describer) on - Exhibit "Av�� aftacbed hereto #q' lhls� y by TOGL-THER: WITH all', d Aide, tinj t Nvh Ormitor w has in lie right of AP d ic,11- hemeftt�Tits wid Vp�ances tbauht bel-dogin rocWoxf:wid: Y, reyersiolLs, a" remainderand.r 00 er,&: rent-, issues antiPrOMS 01,01VOL om d e ksorls an assign To MAVE AND T4 HOLT IhO game Unto the Gf, O-AfidtbiUsuccds $ IN,W SSVIIEREQF? this: Quitchilm'.Poe i has be zi duly execrated. by aild on behalf .day ::efpt frib 220: sc 6. I Men ApRIF Awily Limited Partnersjip.. all-Idalld lblifted.:partuenh M liazn P. Bjenti Oral Pat x )h. i; William P 13xz1iip6, Jr. a (45 known las W "P: Bi.do SO TOO- -ore. Ine, 0.16, bd y P b 2 P"k, L-1,4z�. P. C, xo.ka-,g -4, a .Notary vublk iii. mid forsaw er, liqually. 4ppepred WilliamP. Biengkiiowpor ideii(ifled to me to be, the General PMC Of the PA paftild'ship.,of Bielmpfl -Family. LimitedTartnecsili and the General PwWra. whasubk.cribe sdi& aship name:: to: tht foregoing aistrunicat,, and Ack-ndw.-led-ged. to: me: diat--. he executed the., Al . artzlot ip IN NVITNEOS' ) RWF-,. I.hAve- hereunto sot ilty) wul -w(l . affikdcl Iny offidatsdal thb: day and yr,,ar*in.d.lis:celtific t firstAbove writte-11. QU ffqWIN�D -,2 Nu y "Public for Who: M, Y .con i i wis i on expi STATE OF IDAHO Coumyof.Ada C this: ay- of &pteniber:2016, C;Qre F, 04 Ally -vt, C ., a Notaty Ptib ic A. -an or. M state, pe son 6 - Id to W. 114P axn. Imap wow Mpearedw—illiani:R: Bic fl,..i r .ine I to, be dw persoii whose n A and ook Pio NOpA: t gpdo O.J11-c-f instr W"ESS. WHEREOF, I Wive here into Sd my hand and affixed my official -seal the day and year in thl'S cero fir.olValiove.:w. Men.. QUUC'.LAMDEED .Wtoq hiblic. fo, r- Idabo Residing "it 45— -IM .. MIT LEGAL DESCRIPTION OF PARCEL R Febtu-pry 1:0i ZOO, Movedo U-1981 MMOtIlPtIon 8 o sopian i��xj -I' pa n U A_- poee[of ta� d� fqq�jtipd. if! tho NE114 and the 8 - .114 . f da Cc` vol.y., WON> tT i a(0 wrtiou'lad-Y -desm1bed:as fQ1IQV-K NIM mwner cif S-0006 24 .0 )MMENCING Ot -3 found. b' Or n 010 Xi g ThOnce South W1 VO4` WO,,:4, colholdent-witt-'I the "Vest Hne.df Section -21, a �93fee1t:Ao1h6PQ1NTOFSF- INNING! <W0, . - . . . 1 11 .10 . I ... f Vint) east, p -AW -,Mth �alctwe;� N fttpf.stay :sA f E, 0 f -it# R 66 0 1 0 .. ot tim.; feoia. Station . Thvtw� bouli-I 04 1 --d gIg �bjl way., of. -E. Ov.,Okl;�nk V44' Wb)�-t, ��,qlnddatit Vith sal' SOU W. Y -I ]ROad :6 Wk station 191+ fop't li, ht, L,S*Ah 001.3`35" EaM 66111 idi rit with sa-Id*-AjIJ)Odright.orwav i>tEE Ovorhand-kvxzl('i.j Y ti fit; : f"t: to -Station o::,'� Op -,feet fi�, Thod.610 N.(Vth.QPMT19" Eat,;t, of way of E. Overland Road, 14,004mitAbStAtton 194+76A4, 44-,90 f.P-ot mgltl OV&rl pd: Rw*td siid:souffledy V1►40hi-Of way -Of I Z, JF5614840tAOth-o A -0a CoUntv'Bolse city'Uno.", Woo:,2611 16'(0, .Wit eojsq..04Y.� Ot'. Thence s*a.id.Ad�.i.Cbun.ty.i',aOi�-ko� City. Line,. t . he;co ( i (or , I It . I e Of the ki I donlJounh. Carat; Ttlon'c,c:Nodh:&44*0T21" West, colholden't V41(h.vild cxuntirzallne of am Rider-baugh Carl6l," 164,83 Thonpo South 89024'3tY WeSt, 001cident:wIth said centefflne, of the Rideribeogh -Cano[i 3p(Sbibefla,r)d arra :SUbOivis on NO,5,a'o:s.hYOMon die in QUrrCLA1M:DMT). -. 4 7 .i la ......................... Z;.. �Z2 Febtu-pry 1:0i ZOO, Movedo U-1981 MMOtIlPtIon 8 o sopian i��xj -I' pa n U A_- poee[of ta� d� fqq�jtipd. if! tho NE114 and the 8 - .114 . f da Cc` vol.y., WON> tT i a(0 wrtiou'lad-Y -desm1bed:as fQ1IQV-K NIM mwner cif S-0006 24 .0 )MMENCING Ot -3 found. b' Or n 010 Xi g ThOnce South W1 VO4` WO,,:4, colholdent-witt-'I the "Vest Hne.df Section -21, a �93fee1t:Ao1h6PQ1NTOFSF- INNING! <W0, . - . . . 1 11 .10 . I ... f Vint) east, p -AW -,Mth �alctwe;� N fttpf.stay :sA f E, 0 f -it# R 66 0 1 0 .. ot tim.; feoia. Station . Thvtw� bouli-I 04 1 --d gIg �bjl way., of. -E. Ov.,Okl;�nk V44' Wb)�-t, ��,qlnddatit Vith sal' SOU W. Y -I ]ROad :6 Wk station 191+ fop't li, ht, L,S*Ah 001.3`35" EaM 66111 idi rit with sa-Id*-AjIJ)Odright.orwav i>tEE Ovorhand-kvxzl('i.j Y ti fit; : f"t: to -Station o::,'� Op -,feet fi�, Thod.610 N.(Vth.QPMT19" Eat,;t, of way of E. Overland Road, 14,004mitAbStAtton 194+76A4, 44-,90 f.P-ot mgltl OV&rl pd: Rw*td siid:souffledy V1►40hi-Of way -Of I Z, JF5614840tAOth-o A -0a CoUntv'Bolse city'Uno.", Woo:,2611 16'(0, .Wit eojsq..04Y.� Ot'. Thence s*a.id.Ad�.i.Cbun.ty.i',aOi�-ko� City. Line,. t . he;co ( i (or , I It . I e Of the ki I donlJounh. Carat; Ttlon'c,c:Nodh:&44*0T21" West, colholden't V41(h.vild cxuntirzallne of am Rider-baugh Carl6l," 164,83 Thonpo South 89024'3tY WeSt, 001cident:wIth said centefflne, of the Rideribeogh -Cano[i 3p(Sbibefla,r)d arra :SUbOivis on NO,5,a'o:s.hYOMon die in QUrrCLA1M:DMT). -. 4 Ut�lt 4 Qf P 4l # Pa�.e � :14�3� Ads �aur�€y l t�oarr3s; Thl rt;.c0€ihkrin South 0 ' # " W et, c € ' lrf ri '.wrti : nrth rfy fin�:jOnry of sold -sutherla d Farr' S lWlvW lNti110. of 61,07 foot Thence South D06640`West, t; oincld0ri(w - Id north 10 l�a�rnct�ry:c�� �uthorl M l��r�1 S bd vl l r ;l >:a; d sfiar NorEt NF1° " it Ic yt, n€t �;tdemt mit ifi'r arti i'I bu it clur i '1 �1t11 r t d Far, SU6.divialan iso ;. a istkAnce of,916167 feet W the west lice sof We Nl+Sf114 of he S X14 of ;saki !hC- 0 N6rlb 0lM '.lCas€,. n i°I€ rrl t with $Wile€. west llrnd .af the NWIV4 of ##id SE114 of �Se(A€ b 21, a ftlance of 174.0.5 Nrot to the:,sov, we too or (G 1/4 oom r) of sp'ld NEI f w QGtf€srr �:�, Thele*c Ndr'lh i?� l VQ -4. " Ec`tStf,a0lrr ldcht With satd wast line cif €he fit t �?� tT�t+i��rr 21T., .C� dis.tanc.e df 176419 feet td ihq. POINT O' IAEGIN INN Tftc: abo:w- describbd wrebl cohtaliu', 71 i24 arare niom" or W!as, Basis; f bet00r ars 40rlh $9al.,V+3,V" num Gap m.atl�in this: corner. of .Secil4ba:21 i 22; 16 and 1.5 and the found brace cap marking the 114` mer common t-VITt'L the i z td314$;{HHY7.A.341 -954, 1 kqw*r�i I Re d Ay:t#i-d Whep Re�.o*d OC'two R -it -hard P. Cmd on 617 ADA COUNTY RECORDER Christopher D. Rich 2016-087451 BOISE IDAHO Pgs=4 DAWN TRIVOLIS 09/15/2016 02:01 PM TITLEONE BOISE $19.00 WD ITCLAIM DF I ,-A0IJOV!vl .-I.�,.. . � . tor. 'FOR VALUERECEIVE11), BSB. 'LUC an Idaho lI'" * i, conip. i�Wteld Jabil- ky any ("Or -oft... doey thome,:pr -b qrtylqy;:.retn1isi� I.ell .1 wi� and: foteVtf qWtdl B ;apfl FAmily Uc autee'., Id 4:$ wlio.�e ma-flin- g,ao is 2.6; 7 mrtpershux:( A11orp, t, tltltand interest Which, Grantor now has in.jf e: i�W-4y- Mexidian Idaho 8.36 4. all 491) prope I dy . I sihiat ed In the- ounty of -Ada State pfldaho� asjnpropgt C.. Goulo4y Oescrtb W on 8-xhib-ft, attached, lcteto md.ley lMi t1we inoorpomted htftin. , TO.GETHER W H Andintore :whidh Grant IT P! xWit. ftfl I i 1!* 1* 1 of A M .w,,Ay, oft e appurtenances be -Jong, ersi0p::,atjd. . 10 Al, belong, rev. I r versions., rofit t an :,PrIS lo... ma 40gr erm, i *'d T0:MVE AND TO HOLD the.,:,same unto the Oratitcta.andjoitssux.ms.ors.g.j n,: ,(brevq.r;, QUITO, LA.fa DEPHY - I WP;W)7!XM 790-t WITNES*S-WPERE twis] Q Iteimm: Decd:hass been duly ,executed : by and on: behalf Setomb.16. p MR, LLC' an ldal lol limitedli4bility vo"l-Y rzll tnx fixena fl, m an ort. SrAT 0 r E FIDAHO qu Oyof Ada On till,s day r. 20116y. bef6re Notal'y PON fo in aid. PeT.Sona Y VPe4Vc4:WlT . I P, Eliwapff', known:,oridoalffied4o me to bte-t Mu4gevof BSB. LLC, cis: the pen b W of oft vvho: �c-;K�pquted the i, u, t mid. limittd flability ponppy wid.: Tis uIll-ell . oil ell ack-nowto.0 ecl to A co an emwu. c Wdl' b "t t d ft SaMe. :Alamwy: mp Y A !!a d -atid dfi* ed -Y 4 crewilto x N W, ESS W�j F, -N , . , —IT day �lwnd-: yveairitlill'this certificate .:first a4pye.- wrl titett 96viz �yt.Pu-blk,.f' 'IdAl R.-Psidi Ag --- ------- ------ my. Commission QUrrCLATMDEEO .- 0 - U35t# "I I I . 7. 5J A" GAL Al ESCRIPTION Of, PARCE1,14 R JR! OR 116 M..nn'nSn Av February 1.6, 2�0*1- 6 fvlovl 00 A.p_(cel o#'. andJolmted in tE NEIM and the of . blection 211.1 t; 3, W< � R, I EVJ3. M, Adzi Idabd Of larly:4 .. :(�Abed - ;o; 6 . t I More PW t1p 0 COMMeNCING ato faundbms'S cnp:-nv.rlkfb<j the lit 1 /4 WMer.:Of S66000. Thtmatbuth 001 VOW5 Wont: � Wnqldbnt t:liine of thp, NEA14. -of �,' wta S,*ec tion:21 ,._l disbance to: 802.93 feet to the POINT ov-=G' The '00t. ?pc .6001h F. :7 3, ft "'Mherty dqt)t 0, Y, t3l of of aq.L comod6pl- with -told, sputherly-fight til' wayv' f 'E 0 d6dRoakd, -VAY*Pf 0. erla, dRoad, coinddent"MIll s id ao tj, I f wtn 'Chi, 'ttlenal, Sooth: 00013'3W East colocAmt,411th. voutl-lio Il 33053"(WAJo-Station 1-04+7533. Of) M36'300".' Eiagli colocidwit vVill! E. OverfoInd km -4 1.$,310 ti E, t to §,,j t I bn 94+7 4 4 � a 10-R. t 0 h t Thenoa Sout I 1:8VIll 3'315' E'pstj ogM of way:oft:' Ovedapd::Rj�Cjj 18 6, 05 footto p A p 'Q( IV d V n ty, oi"'6. icity Un.e- ThOnoe Pbuth 0.*2sT'2.$'Wrz'it:� whOwIpmt:wIth uaid Ado County, Bokw City Line, 2611 16 fei-)tj L.In 16j.;3,30 feel:to Therwe South 0013AV: Wostj po.1hol0ent VA(h aft Atit; Ont 8.61 aCity y, th.0 obMeOM0.0f the, Rldenbawizih Canals Thv)caWorth 84- 3.2VMl%st, coIneldwitu4ths.aki c6ntarkneef the Rldenbau 40,bnal 164A.3 Thenct u€h P9 2 O.'Wost cojnddpht.vA iO C-sm f1lfi of 0w Rlidembaug ..Canal,, 136,02. feat:to the nota-homt.cornar oaf -Suthorlamd F rm StAbdiwzfon No, 6 uu Owwm:m 410. in QUITCLAIM DEED - + 3 015451;060_ wg*kM'SA Book 04 0f:PlA.tsat,Pa-glq'l 1433 Ad purity Reowds; Thence con:l-lrvq.lngSoy*th 09028'30"est, coincident With nnrtllel 'b A y ofsald Wharkon Fb.oOu 4slon No,. 6, a distonce of 61-07te" Thence South 065$'.40 W, s o0lnd6m:)t With d::,m h Wpoda of S,0114Orland :Fa00 . hence . . .... ..l. .. 0 -t . - , . . , —, 1. �. .. ft. oy ry 8ubdIASIon W.B,, a di$1011W of 2Q,*23 feet: Thence coimwont .0h Wil said northedy-bounder �tbrlIVISIon NG�..6' ia OU96 .76.7 f6et to 4he: w6s-t. 11 he.of th..WIM: .0 SE f the 114 of - d' �a N sectlan 21; 7" t -last 'o f 1Irf f. .0 . 1 ;8edilloh 21, a:d1stanto bf 174,05*fbe�- the southwest corner (01/4 corner). �'Soid ::NEIM, of Thence North:Oql 1,n ,' E ast, roiricici nt with sald westl nn of tieNi i K IM 4 of So tion distame.:of 1764, TO leetto the POINT OF MIANNIN.G, The abovcl.d�.Wrlbed pprmol contains, YL24 acre, 5. more, or lam),. a�116 M A16. 1n U M:C0 P-hU)rk!) of: 000-0011�11 iq:North 8.9013'35" West, botwescm' the to und A 16. 6 thy:ne corrd-$ d 21,22,16 and It: and the found, brass. can mp .to. -Section,.*, all In TAN,, RA E>, KIM, : PUMCLAIM-DUED. -- �4 01.545, :WP95. 1. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I,1 i I I e 9;- �, 1 , b Z� 5F &Zrlro S �kJfii�/ (address) (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: Silverstone Apartments LLC, 7761 W. Riverside Dr #100 Boise, ID 83714 (name) (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 _day of 20 e t C-� (Signatu ) SUBSCRIBED AND SWORN to before the the day and year first above written. �%%J lit,iI-, .�� PAR ' !<<09 .,�4e-r / �,• .. 1� ••Expires , Jh O 1Ap; Y (Notary Public for Idaho) �N i s "• �VA(I", Tn r . pUs�P Residing at: `0h • O ` .... .� My Commission Expires: ti 67'9-) 1Itrrl1w0 Community Development ■ Planning Division ■ 33 H. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fwx: 208-888-6854 w%v\v.meridianeity.orga)lannina AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) Dyan Chacon- President 1 Silverstone Apartments, LLC 7761 W. Riverside Dr. #100 (name) (address) Boise ,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: Dave Evans Construction 7761 W. Riverside Dr#100 Boise, ID 83714 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 3040 day of "_ k , 20 M) 1 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. RHONDA APSLEY COMMISSION #61606 (N ary Publi for Idaho) NOTARY PUBLIC /L_ f s� STATE OF IDAHO Residing at: F"�CJ / My Commission Expires:I� Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orgJplannin¢ N o n a g E ro rn�����i�l�l{���������a"3 ¢a" 83 A! u 6 �t ■CI ❑❑ ' = N d m _ N ICC_MO OAn aw s-�rc �-__� m me C� N 1•$ ([ � G AkN 62 �NNNIcc N 1CJ 4'S �{� - IGCJ 47 T• �. � b f M• iu S C ac W LFA• c r antllaaY S k vP .a z Tm. •; y�. m n J S—µ�.•c _ i'J h •m G T. --la IIIH 6u111aa S - y -J ��mmN � _ (V '�•N -S �y� o K V =1 - RG d a - C Q N pp •V N Y -1+ U S c o — � m �• rc � rr Q CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Silverstone Apartments (Movado) Date: 06/20/2019 Applicant(s)/Contact(s): Laren Bailey, Zach Evans, Rob Powell Tom City Staff: Kevin Bill Amanda Terri Tom Kenny Brian Sam Location: CD Conf. 12 Size of Property: 7 acres_ Comprehensive Plan FLUM Designation: MU -Regional Existing Use: Vacant Existing Zoning: CG Proposed Use: Multi -family Proposed Zoning: CG Surrounding Uses: Commercial, residential Street Buffer(s) and/or Land Use Buffer(s): 35' along Overland 20' along S. Movado Way Open Space/Amenities/Pathways: Decision making body decides multifamily standards for 200 units (UDC 11-4-3-27) Access/Stub Streets: Access off Overland and Movado, stub to east Waterways/ Floodplain/Topography/Hazards: NA History: H-2016-0060 Original CUP; H-2017-0104 DA Mod &MCU to reduce apartment count; 2018 CZC for 112 units Additional Meeting Notes: • DA Mod,, CU Mod., and possibly Final Plat Modification Applications. Can combine the DA and FP Mods as one application before City Council and then run the CUP Mod slightly after at P&Z. • Multi -family specific use standards of UDC 11-4-2-27 • 25' buffer to residential along south, can be reduced by decision making body. • Extra trees/landscaping to buffer residential to the south. See requirements of UDC 11-36-9 • Extra pedestrian connections to Overland? • Pedestrian connections across Movado? • Property line through building C, can be address through final plat mod or property boundary adjustment (administrative) later. • Building permits already submitted, make sure naming is consistent and coordinate with Terri Ricks on addressing (208-489- 0318) • CZC/Design review after hearing level approvals • Alternative compliance application to allow fence in 35' landscape buffer along Overland. • Staff would like to see plan for potential residential in SE corner. • Contact ACHD for any requirements. • Make sure open space and site amenity calculations are provided in narrative. • Per UDC 11-4-3-27C(4), open space areas adjacent to collectors need to be separated from the road by a berm or constructed wall. This would apply to the dog walk area. Can be approved without the barriers through the CUP. 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. J Other Agencies/Departments to Contact: ® Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department, Jay ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ® Conditional Use Permit Modification/Transfer ❑ Alternative Compliance ® Development Agreement Modification ❑ Rezone ❑ Annexation ❑ Final Plat ❑ Short Plat ❑ City Council Review ® Final Plat Modification ❑ Time Extension — Council ❑ Comprehensive Plan Amendment — Map ❑ Planned Unit Development ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment — Text ❑ Preliminary Plat ❑ Vacation ❑ Conditional Use Permit ❑ Private Street ❑ Variance ir d 4- A ops• -a 5 , / IJO Qcf�A wibt XJ / r:=EVANS C O N S T R U C T I O N Silverstone Apartment Project Modifications to previously approved Conditional Use and Development Agreements Neighborhood Meeting Sign -in Sheet August 15`", 2019 6:30pm Name Phone Email Page I 1 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. /%l I_�/I Applicant/agent signature 081319 Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/plannine TO ^� of ® W ww vaH,n,Asuwzuenapuww OZLlT59 zea EOZI-ESH wyq °1LU 01 °°°e aps,arVa'M Wa SNt/A3S"°° ZbHEB 01'rM01a3YA ❑a 0lMa3A03LOl° X31d VZ'8'XB ld-Z6 X31d-8 NOlsiniaens sAivisA Oadnow So Z O O ■ Q w EMU S1N3WI2]Vd`d 3N01SN3AIIS a _ N CA (Aoi) rao.N /TSM /y��p� a min{� '0311OIHOad All]Ia1S SI ]30 d0 NOISSINHU N3111HA 13173dS 10OH11M S1N31N0] S1I ED 1N3N0a1SNl %U 40 N011V)I310ON NO 3S03a 'NOIIXIOOad3a ANV 730 40 A183dONd 3H1 SI 1N3H0a1SNI SHI1'N011]Ra1SNO] SNVA3 3AV0 61610] � � � WOZZt-ESB woruoNanilsuoasueaaprru Z69CB Q'NMOIti3W LOl9 U1 t� p Yea EOZL-ESB asyo oa OIN1i3Ao 3 cn N Gb p 611[9 01'asp9 'XI aHsiaHN'h\ 19L1 X3ld lZ $ 'X3'1d•ZL X3ld•B O • o �' gg y� C NoIlonNl9-NO o NOISIAIaens SEUVIs3 OadAOw o w SN3AVON Lu Q -w 3NOISN3A-IIS S1N3WINVdH z a P W 5 : �� $e d s5; i Nil BEOOES ElOO®D©©©©®© In ®® ®®® 4M t mo N mi - 4 1 .3� m pp a .> N 'e !a --i!d! z Q W J W W W J WI a N NW'0311IM111111111111131 A NOISSM13d 13111111 31d13d5 10011111 11131111111 "111,11.1511 SIN1 10 1111111110011 11 31.1 NO 11MU31 ANY 730 11 lIlldOld 31111 1N3HOtl15M 1111-.13Ntl11 03 1.111 3AY0 1101 Q] z O Q W J W W 0 Cl) H 2. C7 (Y w J CL y R R e B L 5 a _ 33 g p7 NOdigg 8ss a is Ra 3 aF! is OHDODO 000®o©©o©®© ® ®® o®® 1 � 0 J _ m CK 10 1 z 0 I J 1 w z _ z O LL W J a OD e 0 J m I LO i�i 4D '03110710tld 1111111, 11 ]30 11 N011M13d 1311.11 NMI 1.11111 111111/1 51111 M.111111 1111 11 Na11111100N 1111111'11U11 0Nd3N 111'111,11 1W.1d Ill 111IM115N11111 .11nb15N111.,11 3AY0 1111 cD 0 m w z O Q W J W W 0 LLL W J X W J a 1b a y M W u. avanann.uoasu.�ep'r uu OZZI-E59 y.d EOZI-f58 esyp Z68E8a'W IV3w 4 b aYtliN3Ao 3 LOIC U3 Z N N NVIM Gi: = e ol'a '�pegs�ar{}3'A\t9LL NOIlonNlSNoo X3ld VZ VX3ld•ZL X3ld•9 0 X Z w o O g b NO1S1A1aans s3ldls3 OadnOw SN AVUM o w Q m w S1N3WIHVd`d 3NO1SM3AIIS z a R R e B L 5 a _ 33 g p7 NOdigg 8ss a is Ra 3 aF! is OHDODO 000®o©©o©®© ® ®® o®® 1 � 0 J _ m CK 10 1 z 0 I J 1 w z _ z O LL W J a OD e 0 J m I LO i�i 4D '03110710tld 1111111, 11 ]30 11 N011M13d 1311.11 NMI 1.11111 111111/1 51111 M.111111 1111 11 Na11111100N 1111111'11U11 0Nd3N 111'111,11 1W.1d Ill 111IM115N11111 .11nb15N111.,11 3AY0 1111 cD 0 m w z O Q W J W W 0 LLL W J X W J a 1b a y M Mill (��J7 Q ozzl ggze-A —Ieaap •...wr• 0ZZ1459 xe3 fOZI'[59�JIO U3A.' 1 SZZI' 3V '00 ONtliN3A0'3 SZZ6'LOIC U) Z 2 O R N �•' 2� Z OtLE9 OI'azio0 '+0 O y C eFzie�lN'M LOfL NOisinlaens sAldlsD Oadnow % IIMR A SD N w, o J I � T1Tft/�-- 1 ¢$ I �r/ I o� lie s I I I = I =IN = I IN N N n n rn n woa•uo�IZNtzuoasuenap'iwrw m e Q C) " Q OZZI'£55 zx3 EOZl45Ye y0 Z O d (V Z 4tLE9 01'a9^B '...—I 'M Q N t9tL P N Not io nN 1S NOO Ivoisinlaans sEildlsp oadnowW a J w SNdVaM - 0. II 3SVHd - S1NBWINVdV 3NO.LSN:;A-11S a IIMR A SD N w, o J I � T1Tft/�-- 1 ¢$ I �r/ I o� lie [ci i © VI " I [-3 � I L 1 1 Iii '03116MONd A31)MIS SI 330 40 NOISSIN83d N3111UM )IJIMS 1OON11M S1N31NO3 Sll NO 1N3HnHiSNI S041 d0 N011V)111001d 80 3SO38'NOII)(MHd3H ANY "330 40 A183dONd 3N1 SI 1MMISM 5141 NOIDMISNO) SNVA3 3AVG 61OZ Q s I I I = I =IN = I IN N N n n n ^ m e " " " [ci i © VI " I [-3 � I L 1 1 Iii '03116MONd A31)MIS SI 330 40 NOISSIN83d N3111UM )IJIMS 1OON11M S1N31NO3 Sll NO 1N3HnHiSNI S041 d0 N011V)111001d 80 3SO38'NOII)(MHd3H ANY "330 40 A183dONd 3N1 SI 1MMISM 5141 NOIDMISNO) SNVA3 3AVG 61OZ Q � %61eoi1 B�IbOM 11^10 U) W J LL � W CV � Q Z wosuail>niLsuoosuenapiwx-x OiZttSH %e3 EOZLt59 y0 CLLfB M•eNae -m—NN •M � Z O a O J o c (V cc G a t9u N0IlonN11SN00 SNCL N01s1A1a8ns sDivisp OQVAON Ww r� a 11 3S`dHd - S1N3WII:lVd`d 3N01SN3A-IIS Q Z w dAVC] J > U� W Z Q Z 'o V) J AGO '03110NONd A31MN1S SI )30 40 NMSSIN83d N3111NA 314DUS 1nON1LM SLN3INO) Sll 80 1N3NAN1SN1 5911 40 HOILYNAGON NO 3sn3H'NMlXMHd3N ANY 'Aa 40 A183dOHd 311 SI 1N3W1N1SM SM' Ml)1N1SNO) SNVA3 3Atl0 MOZ (1 U) W J LL 0 a J W o WK W Z 1n n J > U� W Z Q Z 'o V) J Z J d W 80 d O j '03110NONd A31MN1S SI )30 40 NMSSIN83d N3111NA 314DUS 1nON1LM SLN3INO) Sll 80 1N3NAN1SN1 5911 40 HOILYNAGON NO 3sn3H'NMlXMHd3N ANY 'Aa 40 A183dOHd 311 SI 1N3W1N1SM SM' Ml)1N1SNO) SNVA3 3Atl0 MOZ (1