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HomeMy WebLinkAboutProperty Boundary AdjustmentType of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑'rivate Street roperty Boundary Adjustment ❑ ime Extension (Director) Vacation ❑ Other Applicant Information Planning Division ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File number(s): 1 Project name: $ Date filed: Date complete: Assigned Planner: Related files: E- )6-b`f ; VAC -/y-00 I J,7 9/4 l Applicant name: c1 Qy , LL G Phone: a5.5A I. 2--410 Applicant address: X10 SW weir M bMtrW11X Zip: 91COI E-mail: SVOt CS Q Ohl, CO(A Applicant's interest in property: ',Own ❑ Rent ❑ Optioned ❑ Other Owner name: 0Ek sSee QbOy Phone: Fax: Owner address: Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Zip: E-mail: Phone: Zip: E-mail: Fax: Primary contact is: ❑ Applicant *Owner ❑ Agent ❑ Other Contact name: Qh n , 1Wcs . C I 6_q. LLG one: SAI —2-410 Fax: Contact address: 11010 Lw Wof Q., �(jk � OK Zip: MCO E-mail: Subject Property Information Location/streetaddress: PACK WMILALVIC PlUe Sbdlylslnn Assessor's parcel number(s): L0� 1 CU ICL L Township, range, section: 5 uOtffi I I EQLk I I I Current land use: VOmt- 1ptc- 10 Business Park, Total acreage: 0.--m Acres Current zoning district: _Pr6feSS%6o0A VCl 1 ce W& cammeruua busmess cin 11 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (02/08/2013) Project Description Project/subdivision name: _WitI mete U ntnl ale LAS I and cf wvnd� nn�,�g Subd�Y�s��1 General description of proposed project/request: ia1anso date I ML 1 and Int Q sioar DQ eI-ih�Ot79�l bo[ a�adl� -rnf'nf= 0yaol-L Nle Pun PQMMLOU-ffiu . Proposed zoningdistrict(s): NIA 1poer Of+I�e Ci sof Mtn iQxl �(�. Acres of each zone proposed: f' A Type of use proposed (check all that apply): ❑ Residential Acommercial ❑ Office ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development?t_T d6A�t � G_Cf_ &1&%( � on t-PriWhich irrigation district does this property lie within? } ft & Q (1 1 frl Q Lxb cn D,% (t - Primary irrigation source: maryirrigationsource: WIRIJ�p e,P1W S& Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): A dd cm ('d bV w$16Stne RO-Cf- Sub&yl eJ on Residential Project Summery (if applicable) Number of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2 — 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of qualified open space acreage: Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhomes ❑ Duplexes ❑ Multi -family ❑ Other Non-residential Project Summary (if applicable) Number of building lots: 00gsdiddon Of I Other lots: Gross floor area proposed: S. 650 1 G'R2 Existing (if applicable): NbnE, Hours of operation (days and hours): Man. _ SUn .-10,-tt T Building height: 2.2 fttt- Percentage of site/project devoted to the following: Landscaping: Pff WAR Building:' Paving: �� Total number of employees: it Number and ages of students/children (if applicable): N � A n,� � Total number of parking spaces provided: A� Zt Number of compact spaces provided: ft(�� onlL Pa 1`Inqq Cefer -6 mtuhta map Lot 3 YN( RdsbDAt VI � SUb&VU0 n Authorization Print applicant name: Applicant signature: . Date: 5 Y 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Planning Division Property Boundary Adjustment Application Narrative Project Name: Willamette Dental Site, Lots 1 and 2 of Wyndstone Place Subdivision Applicant: Clay, LLC Clay, LLC is requesting a property boundary adjustment for Lots 1 and 2 for the construction of a building. Clay, LLC owns both Lots and the Wyndstone Place Association Board approved the consolidation of the Lots and the proposed building for the site. The proposed building will cross the lot line between Lots 1 and 2, but will not otherwise encroach upon property lines or easements. Our project fits the character and nature of the PUD and will enhance the future success of the area. Our project was approved by the Board (88.5% approval margin) in accordance with PUD rules. This is a private PUD; all roads, sidewalks, non-public easements are private and controlled by the Board. No public interest is at stake. '•e V Legal description Wyndstone Place Subdivision Lots 1 and 2, Block 1, Parcel Consolidation A parcel located_ in the SE'/< of Section 17, Township 3 North, Range 1 East, -Boise .Gvl.eridianr. Ada County, Idaho, and being Lots 1 and 2 of Block 1 of Wyndstone Place Subdivision as shown in Book 96 of Plats on Pages 12047 thru 12048, records of Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwest corner of said Lot 1, from which a Brass Cap monument marking the northwest corner of said SE % (Center %) bears N 0003'13" W a distance of 795.53 feet; _Th.ence,along the northerly boundary of said Wyndstone Place Subdivision S 89041'26" E a distance of 261.46 feet to a '/2 inch diameter iron pin marking the northeast corner of said Lot 2; Thence S 0°18'35" W along the easterly boundary of said Lot 2 a distance of 1 35. 18 feet to a'/z inch diameter iron pin marking the southeast corner of said Lot 2; Thence N 84052'35" W along the southerly boundary of said Lot 2 a distance of 30.62 feet to a '/z inch diameter iron pin; Thence N 78008'15" W along said southerly boundary and the southerly boundary of said Lot 1 a distance of 110.97 feet to a point; Thence S 78°45'23" W along the southerly boundary of said Lot 1 a distance of 92.29 feet to a %2 inch diameter iron pin; Thence continuing along said southerly boundary S 89°56'47" W a distance of 30.99 feet to a'/z inch diameter Iron pin marking the southwest corner of said Lot 1; Thence N 0°03'13" W along the westerly boundary of said Lot 1 a distance. of 129.07 feet to the POINT OF BEGINNING. Said parcel contains 0.74 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC April 10, 2014 LaIndations "Land Surveying and Coruultlng Wyndstone Pxarce! ConsoUd0on Job 14-36 WYNSTONE PLACE SUBDIVISION LOT 1 AND Z, BLOCK 1 PARCEL CONSOLIDATION '--30.99' S 89 5647" W GNp,L LA NQS mac- GISTfR GSL Inc a. 11,118 C�/�i�T� OF ON W. NP `-30.62' N 845235" W Lary ?1utions Landveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 83642 (208( 288-2040. (208( 288.2557 fax www.landso(udons.biz 14 B 9 E. FPWKL/N RD. 17 16 3 (9�IN � N SEC 17 C 1/4 2605.89' 17 16 1/4 S 89'J5'02' W 2 h AMENDED MAGIC VIEW SUEDI KS/ON N z PONT OF BEG/NN/NG S 8941 26 E 261.46' 1---------------- ----------------I-- � I I I I 0 3 i MINDS TONE PLACE SUBD/VIS/ON i ick TOTAL PARCEL AREA = J I LOT 1 LOT 2 I 0.74 ACRES O Z i BLOCK 1 i� L 7 I O o-I---'--3" C__ I W 92'29 N 7BVBy5. --� .� 78 5' 2 H/ S I 110 97. '--30.99' S 89 5647" W GNp,L LA NQS mac- GISTfR GSL Inc a. 11,118 C�/�i�T� OF ON W. NP `-30.62' N 845235" W Lary ?1utions Landveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 83642 (208( 288-2040. (208( 288.2557 fax www.landso(udons.biz Branch TAD,User :D016 Tftleone . ueTe a axra.� ec;. Order Number, 13231677 colituftht Station Id XT1'A ADA COUNTY RECORDER Christopher D. Rich AMOUNT 10:00 1 a©fsE Ingo 0310412014 04:07 PM 1 DEPUTY Victoria Bailey �ImvR>Recording. REC0DED-REQU3r4FI ILII I II �Ilill� lll�l lIII IIIIII lIII II�IIIl�Il ggllll TITi_EONE BOISE 114016114 p.. Warranty Doo F< 'Y For value received, G.L. Vot % a married man., as his sole and separate property J. the gra*r does hereby giant, bargain, sell, and convey unto Clay, LLC, a 6regonlimited ilabr7Rycompany g: whose current address is 17010 SW Weir Rd, Beaverton, OR 97W7 b. the grantee, the Following described promises, In Ada County, Idaho, to wit: i, I Lots 7 and 3 in Block 1 of Wyndstone Place SubdNision, acoording to if*otlicial plat thereof, filed in 3ook 96 of Plats li- t£- Y} at Page(s) 12047 and 112M,.offtclal records of Ada County, Idaho, To have and to hold the said' premises, with their appurtenances urdo the said Grantee, Its hors and assigns forever: And it* said Grantor does hereby covenant to and with the said Grantee, that Grantor Is the owner In fee simple of g= said praNses; that they are free from all encumbrances except those to which this conveyance is expressly made ft subject and those made suffered or done b the Grantee; and rAect to at exisgn l , Y 1 g patent reservations, easements, rE„ right(s) of way, protective covenants, zoning ordinances, and applicable building codes, taws and regulations; general taxes and assessments, including Irrigation and utiiityassessments (If any) forst* current year, which are not due and payable, and that Grantor will wan -ant and defend ttie same from an lawful claims whatsoever. Whenever the context so requires, t e si lar ou ber Includes the plural. X G:L oig "f s State of Idaho, County of 1knVV_S1Mt'sa. On this day of February in the year of 2014, before me, the undersigned, a Notary Public In for said State, personally appeared G.L. Volg , Known or identMed to mato be the person(s) whose name{s} Islare subscribed to the within Instrument and acknowledged to me that heMeMsy executed the same. W.. to Notary Public f W Commission plies: t C L{ (-$I) \��tttt►ittnprrxl17x. dot ` SUSA .,Lry !"t'QL to AD -A ID Page 1 of 1 Printed on 6/30/2014 3:1.4:49 PM Document: DED WAR 114.161114 ' 110 g: r; i, li- t£- Y} AD -A ID Page 1 of 1 Printed on 6/30/2014 3:1.4:49 PM Document: DED WAR 114.161114 Sran0b :TAD Usor:D016 Comment: Station Id :KTA Warranty Deed For value received, Asson Enterprises, LL.G, , an Idaho limited ilabilfty company the grantor, does hereby gram, bargain, set, and convey unto Clay, LLC , an Oregon limited liability company whose current address is 17010 SW Wier Rd, Beaverton, CA 97007 the grantee, the fallowing described promises, in Ada County, tdaho, to will: Lot 2 in Block t of Wyndstone Place Subdivision; according to the official plat thereof, filed in Book 96 of Plats at Page{s112941 and 12048, official records of Ada County, Idaho. 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; thatihey ara free from all encumbrances except these to which this conveyance is expressly made subject and arose made, suffered or done hythe Grantee; and subjecttc alt existing patent reservations, easements, riyht(s) of way, protective covenants, zoning ordinances, and applicable building codes, taws and regulations, general taxes and assessments, including irrigation and utility assessments cif any); for the current year, wfifcn are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the cdritax saivquites, the singular number includes tate plural Assort EnterprsE By: Gary Asson, State of Idaho, County of Ada, ss, On this, day of February, 2014, beforeme, the undersigned, a Notary Public in And for said ;ate, personally appeared Gary Asson, known or iderithf ed to me to be a Wmber of the limited liabilitycompany 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, t have hereunto set my hand and affixed my official seat the day and year In this certificate first above written. N.au..trx Notary Pubic for t—O�NRY My Commission Expires; Residing In Meridian, Idaho . i` 0 C My commitsstort expires;1/2372= i1G S ADAJD par i of 1 Printed on 6/30/1014 3: 1.6:17 PM Document: DED WAR 114.16100 ADA COUNTY RECORDER Christopher D. Rich AMOUK. 10.00 1' BOISE IDAHO 00411014 0*00 PM DEPU`1`Y Che Fowler aimpank GJMr6dte kkaMlMA rrp,II gypp�{{ pp�pp11 II rr npnp t14 app'pp t+siIIElf�f'gll���'lld�l �II���I�IIIII�IN ��II�4III ����II��'�I OF TITLEONE BOISE114016100 • gtla ecamor cm Order Number-, 13231612 Warranty Deed For value received, Asson Enterprises, LL.G, , an Idaho limited ilabilfty company the grantor, does hereby gram, bargain, set, and convey unto Clay, LLC , an Oregon limited liability company whose current address is 17010 SW Wier Rd, Beaverton, CA 97007 the grantee, the fallowing described promises, in Ada County, tdaho, to will: Lot 2 in Block t of Wyndstone Place Subdivision; according to the official plat thereof, filed in Book 96 of Plats at Page{s112941 and 12048, official records of Ada County, Idaho. 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; thatihey ara free from all encumbrances except these to which this conveyance is expressly made subject and arose made, suffered or done hythe Grantee; and subjecttc alt existing patent reservations, easements, riyht(s) of way, protective covenants, zoning ordinances, and applicable building codes, taws and regulations, general taxes and assessments, including irrigation and utility assessments cif any); for the current year, wfifcn are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the cdritax saivquites, the singular number includes tate plural Assort EnterprsE By: Gary Asson, State of Idaho, County of Ada, ss, On this, day of February, 2014, beforeme, the undersigned, a Notary Public in And for said ;ate, personally appeared Gary Asson, known or iderithf ed to me to be a Wmber of the limited liabilitycompany 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, t have hereunto set my hand and affixed my official seat the day and year In this certificate first above written. N.au..trx Notary Pubic for t—O�NRY My Commission Expires; Residing In Meridian, Idaho . i` 0 C My commitsstort expires;1/2372= i1G S ADAJD par i of 1 Printed on 6/30/1014 3: 1.6:17 PM Document: DED WAR 114.16100 evi bew-F TO Stiovlf AUTOog MP A&"T- OPERATING AGREEMENT OF CLAY LLC The undersigned initial member of CLAY LLC (the "LLC"), by execution hereof, hereby adopts this Operating Agreement as the operating agreement for the LLC. 1. Organization. 1.1 The name of the limited liability company is CLAY LLC (the "Company"). 1.2 Articles of Organization were filed with the Oregon Secretary of State on August 13, 1998. Except as otherwise stated herein, the provisions of Chapter 63 of the Oregon Revised Statutes, as amended (the "Act"), will apply to this Agreement. The Company shall register as a foreign limited liability company in other jurisdictions in which the Company is transacting business in accordance with the laws governing foreign limited liability companies in such other jurisdictions; provided, however, that the Act will govern the organization and internal affairs of the Company, the limited liability of the Members, and the enforceability and interpretation of this Agreement. 1.3 The member has formed the LLC under the Act and intends to form a limited liability company under the Act and no other form of entity. I.4 All property of the LLC shall be owned by the LLC as an entity and held in its own name and no member shall have any ownership interest in such property. 2. Members. interests are: 2.1 The name of the members of the LLC and their number of units of ownership Total Available Ownership Interests 1,000 Units John Skourtes Joe Wilson 900 Units 100 Units 2.2 The LLC may hereafter admit additional members; therefore, references to members herein shall be in either the singular or the plural, and all grammatical changes shall be made and implied. 2.3 Each member's share of the profits and losses of the LLC attributed to each member, shall be the ration of that member's capital to all members' capital. 2.4 New members may be admitted as members with the written consent of the members holding a majority of the capital of the LLC. 2.5 Each member's liability shall be limited as set forth in this Agreement, the Act and other applicable law. A member will not be personally liable, merely as a member, for any debts or losses of the LLC beyond the member's respective contributions and any obligation of the member under the terms of this Agreement to make additional contributions, except as otherwise provided by law. OPERATING AGREEMENT OF CLAY LLC Page I of 5 2.6 The .LLC shall indemnify the members for all costs, losses, liabilities and damages paid or accrued by the member in connection with the business of the LLC to the fullest extent provided or allowed by law. To the extent any member guarantees any debt of the LLC, the other members shall indemnify the member or members providing such guaranty, so that any loss occasioned by such guaranty is borne by each of the members in proportion to each member's interest in the capital of the LLC. 2.7 Any member may engage independently or with others in other business and investment ventures of every nature and description and shall have no obligation to account to the LLC for such business or investments or for business or investment opportunities. 2.8 An individual capital account shall be maintained for each member. Each member's capital account shall be (a) credited with all capital contributions by such member and the member's distributive share of all income and gain and (b) charged with the amount of all distributions to such member and the member's distributive share of losses and deductions. Capital accounts shall be maintained in accordance with all applicable federal tax accounting principles. No interest shall be paid on a member's capital contributions. 2.9 Upon the request of members holding a majority of capital of the LLC, the LLC may call for additional capital contributions from the members provided such call is made in good faith, is reasonably necessary for carrying out the business of the LLC and provided the call is applied to all members in proportion to their respective ownership interests. Any such call(s), over and above the initial capital contributions, shall not exceed $100,000. 2.10 if any member does not agree or fails to contribute such member's share of the capital called for, the other members shall be offered, pro rata based on their ownership interests, the opportunity to contribute the share of additional capital called for which the member failed to contribute. After all additional capital contributions have been made, each member's ownership interests and interest in the profits or losses of the LLC shall be adjusted to an amount equal to the ratio which each member's capital bears to the total capital of all of the members. 2.11 To the extent the total capital contributed by the members is less than the total amount of the capital call, members meeting their capital call may, on a pro rata basis, but shall not be obligated to, loan to the LLC an amount equal to the capital call shortfall. Such loan shall bear interest at the rate of two percent (2%) per month and shall be payable, in full, from available cash of the LLC before any further distributions are made to the other members. 3. Meetings of the Members. 3.1 A meeting of the members shall be held if members holding at least twenty-five percent (25%) of the capital of the LLC sign, date and deliver to the other members a written request for a meeting. 3.2 Meeting of the members shall be held at 17010 SW Weir Road, Beaverton, Oregon, or any other place within the state of Oregon designated by the member or members calling the meeting. Meetings may also be held by telephone conference. At any meeting, any member not physically present may attend, vote and participate by telephone. OPERATING AGREEMENT OF CLAY LLC Page 2 of 5 3.3 The member or members calling the meeting shall provide written notice of any meeting of the members to each member not more than sixty (60) nor less than ten (10) days before the meeting date. The notice must include a description of the purpose for which the meeting is called. 3.4 Any action of the members which can be taken at a meeting of the members may be taken without meeting if the proportion of members which would have been required to approve such action at a meeting consent, in writing, to such action. 3.5 Except where a higher percentage is expressly required by the terms of this Agreement, any decision of the member shall require the affirmative vote of members holding a majority of the capital of the LLC. Management, 4.1 Subject to the limitations set forth below, the LLC shall be managed by its members. John Skourtes shall, as supervising member, handle the day to day ministerial actions of the LLC. John Skourtes may be replaced as supervising member at any time by a vote of members holding, in the aggregate, sixty percent (60%) of the capital of the LLC. 4.2 No member shall have any authority to bind the LLC in regard to any of the following actions unless the action has been authorize by members holding not less than seventy-five percent (75%) of the capital of the LLC: a. A transaction involving an actual or potential conflict of interest between a member and the LLC; or b. A change in the nature of the business of the LLC; or c. An amendment to the Articles of Organization or this Operating Agreement other than an amendment affecting the interest of any member in the profits or losses of the LLC or in distributions from the LLC which require the unanimous consent of all members. d. An election pursuant to Section 7 of this Agreement with regard to a withdrawn member. Accounting and Records. 5.1 The LLC's books and records and a register of the names and addresses of the members shall be maintained by John Skourtes. John Skourtes shall serve as tax matters member until another member is designated to perform these duties by members holing a majority of the capital of the LLC. Each member shall have access to the books, records and register at all reasonable times. 5.2 The tax matters member shall cause all required tax returns for the LLC to be prepared and timely filed. Within ninety (90) days after the end of each calendar year, each member shall be furnished a statement suitable for use in the preparation of the member's income tax returns, showing the amounts of any distributions, contributions, gains, and losses, profits or credits allocated to the member during the preceding year. OPERATING AGREEMENT OF CLAY LLC Page 3 of 6. Distributions. The LLC shall distribute the excess cash of the LLC to the members in accordance with their percentage interests in the profits and losses in the LLC not less frequently than monthly. Excess cash for purposes of determining the amount to be distributed shall mean all payments received by the LLC minus expenses of the LLC and such reasonable reserves for future liabilities as may be established by the supervising member. Transfers and Withdrawals. 7.1 No member may voluntarily withdraw from the LLC or transfer all or any portion of such member's interest in the LLC. In the event any member or assignee there from pledges or otherwise encumbers any of such member's interests in the LLC as security such pledge or transfer shall not constitute a transfer of the member's interest but shall only transfer the member's right to receive distributions from the LLC, if any. 7.2 The death or bankruptcy of an individual member or the dissolution or bankruptcy of a member which is an entity, shall constitute the involuntary withdrawal of the member from the LLC. Upon such withdrawal shall dissolve unless members holding, in the aggregate, seventy- five percent (75%) of the capital of the LLC, excluding the interest of the withdrawing member, elect to continue the LLC. If the members elect to continue the LLC, the LL,C shall either (a) purchase the interest of the withdrawing member for an amount equal to the withdrawing member's percentage of the fair market value of the LLC taken as a whole, or (b) accept the successor in interest of the withdrawing member as a new member, in which case the successor shall automatically become a member subject to all of the terms and conditions of this Agreement. The LLC shall, within thirty (30) days after the date of the event causing the withdrawal notify the representative of the withdrawing member of its elections. Failure to give such notice shall constitute an election to dissolve the LLC. 7.3 If the LLC elects to purchase the interest of the withdrawing member pursuant to the provisions of Section 7.2 of this Agreement, its notice shall include its determination of the value of the LLC taken as a whole. This amount shall be used to determine the purchase price for the interest of the withdrawing member unless, within ten (10) days thereafter, the representative of the withdrawing member notifies the LLC that it does not agree with this valuation. Such notice must state the value determined by the representative of the withdrawing member. The LLC shall, in turn, notify the representative within ten (10) days after such notice, whether it is willing to accept the representative's valuation, in which event the representative's determination of value, the value shall be fixed by binding arbitration, to be conducted in Portland, Oregon pursuant to rules applicable to Superior Court annexed arbitration, except that the decision of the arbitrator shall be final and not subject to appeal. The purchase price shall be payable, in cash, within thirty (30) days after determination of the purchase price. In the event of arbitration, the party whose determination of value was furthest from the determination set by the arbitrator shall pay all of the costs of such arbitration including the reasonable attorney fees and expert witness fees of the other party. OPERATI,'NG AGREEMENT OF CLAY LLC Page 4 of 5 7.4 Notwithstanding Section 7.1, the voluntary withdrawal of any member shall be effective six (6) months after written notice thereof is given to the other members and shall constitute a breach of this Agreement for which the LLC and the other members shall have the remedies provided by the Act. 8. Dissolution. 8.1 The LLC shall dissolve upon the earliest to occur of (a) approval of dissolution by members holding a majority of the ownership interests in the LLC, or (b) the death or bankruptcy of an individual member or the dissolution or bankruptcy of a member which is an entity, unless the members elect, pursuant to Section 7.2 of this Agreement, to continue the LLC. 8.2 Upon the dissolution of the LLC the members shall wind up the affairs of the LLC in accordance with the provisions of the Act. 9. Amendments. The members may amend the provisions of this Agreement by unanimous written agreement of the members. 10. Dispute Resolution. Any dispute among the members or between the members and the LLC shall be resolved by binding arbitration to be conducted in Portland, Oregon pursuant to the rules applicable to Superior Court annexed arbitration except the rules relating to appeal. A party substantially prevailing in the arbitration shall be entitled to recover from the other party or parties its costs and reasonable attorney fees incurred in connection with the arbitration as determined by the arbitrator. Judgment upon the arbitration award may be entered in any court having jurisdiction. 11. Benefits of this Agreement. The provisions of this Agreement are intended solely for the benefit of members and shall create no rights or obligations enforceable by any third party, including creditors of the LLC, except as otherwise provided by applicable law. 12. Notice. Any notice required under this Agreement shall be in writing and shall be effective on the earliest to occur of (a) actual delivery, (b) two (2) days after it is placed in the U.S. Mail, postage prepaid, with return receipt requested, addressed to the last known address of the party to whom it is addressed, or to such other address as the party may have provided to the LLC by notice, or (c) when received on a facsimile machine operating at the principal place of business of such party or the place designated by such party by notice to the LLC. This Agreement adopted as of August 13, 1998. 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W Z' �u30 Ow �z <<� >�� r� �° & Az }€LF Opp JH aa `r`` 9F> 4 y/ J N == Jt/1«. J—w�,]�C V p t� O� $i Y J"OFN.n. C W T <' W N N J C 3Z'" zmZ?v =i� 9$ W� C� u•5 °� r=•,�03 Uz z��°F- at�-i4 MZS2z w 2�2= °51�a 20 VI''O W z� TuZ < w< U x04F- <W<a•n_F�.4z- r U r� `-_ F-�S Fn F z <0<a3 Z E IDIAN -=-- Community Development Department Parcel Verification Date: 7/22/14 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name Lot/Block/Sub: Parcel Number: Lot/Block/Sub: Parcel Number Willamette Dental 1/1/Wyndstone Place R9627170010 2/1/Wyndstone Place R9627170020 Address Verification Rev: 04/23/12 Clay, LLC 17010 SW Weir Road Beaverton, Oregon 97007 July 24, 2014 Bill Parsons, AICP Associate City Planner Community Development Department City of Meridian 33 E. Broadway Avenue, Suite 102 Meridian, ID 83642 Re: Project Name: Willamette Dental Building Lots 1 and 2, Wyndstone Place Business Park, Meridian, Idaho Applicant: Clay, LLC Dear Mr. Parsons: Enclosed please find Clay, LLC's Property Boundary Adjustment Application for the Willamette Dental Building Project for Lots 1 and 2 of Wyndstone Place Business Park in Meridian, Idaho. Please note, the Record of Survey (18" x 24" paper copy) is currently being prepared by Clinton W. Hansen, PLS of Land Solutions, PC. We expect you should receive two copies of the Record of Survey within the next two weeks. If you have any questions regarding this application, you may contact Russell House of Willamette Dental Group, P.C. at 503.952.2585 or rhouse@willamettedental.com. Thank you. Sincerely, Stephanie Ellis Paralegal On Behalf of John Skourtes, Manager Clay LLC Enclosures