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HomeMy WebLinkAboutApplicationMayor Tammy de Weerd City Council Members: C�E I DIAN Keith Bird � Joe Borton Charles Rountree IDA H O David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: ASAP Transmittal Date: October 29, 2014 File No.: MFP 14-003 Hearing Date: November 5, 2014 Request: Modification to the Final Plat condition of approval (#2.2.9) that requires the final plat to be recorded prior to issuance of building permits; the applicant requests they are allowed one residential building permit, 3 foundation only permits, and amenity building permits (pool, pool house and play structure) prior to recordation of the final plat for Southern Highlands Subdivision No. 1 By: Sky Mesa Development, LLC Location of Property or Project: south of E. Amity Road & north of E. Taconic Drive and west of S. Eagle Road Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Patrick Oliver (No FP) Rhonda McCarvel (No FP) Tammy de Weerd, Mayor City Council Sanitary Services (No VAR, VAC, FP) Building Department/ Rick Jackson Fire Department Police Department City Attorney City Public Works City Planner Parks Department Economic Dev. Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control/Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org 0 ECEIV OCT 2 9 2014 BY. Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: �o t\P-r m W k i r r)A S SxA File number(s): MSP- 14 - O 3 Assigned Planner: i,„ lnpc kR" Related files: Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ Comprehensive Plan Map Amendment ❑ Short Plat ❑ Comprehensive Plan Text Amendment ❑ Time Extension: ❑ Conditional Use Permit Director/ Commission/Council (circle one) ❑ Conditional Use Modification ❑ UDC Text Amendment Director/Commission (circle one) ❑ Vacation: ❑ Development Agreement Modification Director/ Council (circle one) ❑ Final Plat ❑ Variance E9 Final Plat Modification ❑ Other Applicant Information Applicant name: -SU!J %IQSa b2%Az PnL%!!?4N . [L Phone: -S77 -SSO 1 Applicant address: 10;11 s, g�� �a.. PI. -qt. aaa Email: bnv�P c�OI3R�a�ter�or�,4s•Cd�h City: roe O'k State: --,Oth Zip: rs 3 (a1(0 Applicant's interest in property: ilii Own ❑ Rent ❑ Optioned ❑ Other Owner name: Phone: Owner address: Email: City: State: . Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: Owner address: City: Primary contact is: ❑ Applicant Ik Owner ❑ Agent/Contact Zip: Phone: Email' State: Zip: Subject Property Information Location/street address:gaco%1'c it I; atteaX 'Trow ` Township, range, section: Assessor's parcel number(s): ROMs$;k& CIb4 Total acreage: Zoning district: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/plannin -1- (Rev. 0611212014) • 0 Project/subdivision name:. S•%)*,r2rn tk ieh\_ .4.1 /V6 General description of proposed project/request: k e 9 �Jn2 � 1e kr Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: _ Minimum property size (s.f): Average property size (s.f.): Gross density (Per UDC 11-1A-1): Net density (Per UDC 11-1A-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Single-family Attached ❑ Townhouse ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Common lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: _ Existing (if applicable): Building height: Number of compact spaces provided: Date: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 virww.meridiancity.org/plannin -2- (Rev. 06112/2014) BbISE HUNTfR HOMES Brad Pfannmuller Boise Hunter Homes 1025 S. Bridgeway Place Eagle, Idaho 83616 October 28, 2014 Mayor Tammy De Weerd & City Council City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Dear Mayor Tammy De Weerd & City Council: We are submitting to you a request for Final Plat Modifications on our Southern Highlands Phase 1 condition note 2.2.9. The request is for one residential building permit, three foundation only permits and amenity building permits (pool, pool house and play structure). This would require changing 2.2.9 to read "Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by Ada County Highway District and the Final Plat for the subdivision recorded, prior to Certificate of Occupancy being issued by the City. Building permits for Site Amenities only are shown on the attached landscape and final plat exhibits _ - _ as common lot 1 block 5 on the proposed southern Highlands phase 1 final plat. Building permit for one residential home on lot 2 block 3 as shown on the proposed southern highlands phase 1 final plat. Building permits for three "foundations only" on lots 2 & 3 block 5 and lot 3 block 3 as shown on the proposed southern highlands phase 1 final plat. The reason we are requesting this modification is to complete the amenities (pool house, pool & tot lot) before the weather turns (due to cold weather and pouring concrete). The reason for the modification on the residential building permit and the three foundations only permits is for the same reason to beat the cold weather of December. The additional 3 weeks will allow for the concrete to be placed and then we are anticipating the final plat to be recorded the middle of December. Thank you for your time and look forward to working with you on this modification. Sincerely, Brad Pfannmuller Boise Hunter Homes Land Development Project Manager 1025 S. Bridgeway Place, Suite 290 Eagle, Idaho 83616 P: 208.577.5501 F: 208.577.5510 Proudly building your home in one of these great communities Harris Ranch I Lakemoor I Hidden Springs I Saguaro Springs I Saguaro Canyon S.E. Boise Eagle Boise Foothills N.W. Meridian N.W. Meridian • T -O ENGINEEF CONSULTING ENGINEERS, SURVEYORS AND PLANN 332 N. BROADMORE WAY SUITE 101 NAMPA, IDAHO 83687 208-442-6300 • FAX 208-466-0944 Project: 130164 Date: August 5, 2014 Page: 1 of 3 SOUTHERN HIGHLANDS SUBDIVISION NO. I BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and a portion of Lot 16, Block I of Blackrock Subdivision No. 1, on file in Book 96, Pages 12003-12008 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the S. '/2 of the N.E. '/4 of said Section 32 from which the northeast corner of said Section 32 bears N.00°13'1 6"E., 2677.46 feet; thence along the south boundary of said S. '/Z of the N.E. '/4, A) N.89°40'08"W., 1977.92 feet to the POINT OF BEGINNING; thence, 1) S. 13-5646"E., 39.16 feet to a point on the southerly boundary of said Lot 16 and the northerly right-of-way of East Taconic Drive; thence along said southerly boundary and northerly right-of-way and along a non -tangent curve to the left, 2) having an arc length of 314.16 feet, a radius of 525.00 feet, through a central angle of 34017'08" and a long chord which bears of S.60°33'33"W., 309.49 feet to a point of tangency; thence continuing, 3) S.43°24'59"W., 361.40 feet to a tangent point of curvature; thence along a curve to the right, 4) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11'29'14" and a long chord which bears S.49009'36"W., 40.03 feet to a point of reverse curvature; thence continuing along a curve to the left, 5) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11 029'14" and a long chord which bears S.49°09' 36"W., 40.03 feet to a point of tangency; thence continuing, 6) S.43°24'59"W., 64.05 feet to a tangent point of curvature; thence continuing along a curve to the left, 7) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11029'14" and along chord which bears S.37°40'22"W., 40.03 feet to a point of reverse curvature; thence continuing along a curve to the right, BOISE • COEUR d'ALENE • NAMPA L:\130164\Survey\Descriptions and Exhibits\Southern Highlands Subd. No. 1 080514.doc • 0 Project: 130164 Date: August 5, 2014 Page: 2 of 3 8) having an are length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11 '29'l 4" and a long chord which bears 5.37°40'22"W., 40.03 feet to the most easterly corner of Lot 23, Block 1 of said Blackrock Subdivision No. 1; thence leaving the southerly boundary of Lot 16 and the northerly right-of-way of East Taconic Drive and along the northeasterly boundary of said L.ot 23, 9) N.46034'27'W., 189.98 feet to the northerly corner common to Lots 22 and 23, Block 1 of said Blackrock Subdivision No. 1; thence leaving said northerly right-of-way and along the northeasterly boundary of said Lot 22, 10) N.74049' 10"W., 192.96 feet to the northerly corner common to Lots 21 and 22, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 21, 11) N.63°49'52"W., 178.00 feet to the northerly corner common to Lots 20 and 21, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 20, 12)N.37°29139"W., 172.15 feet to the northerly confer common to Lots 19 and 20, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 19, 13) N.41 °48'00"W., 170.60 feet to the northerly corner common to Lots 18 and 19, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 18, 14) N. 57'20'09"W., 173.05 feet to the northerly corner common to Lots 17 and 18, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 15) N.36°46'03"W., 172.54 feet to the most northerly corner of said Lot 17; thence along the northwesterly boundary of said Lot 17, 16) 5.46°34'25"W., 161.82 feet to the most westerly corner of said Lot 17; thence, 17) 5.66°10'24"W., 50.00 feet to the northeast corner of Lot 15, Block 1 of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 15, 18) 5.8904752"W., 235.16 feet (of record 235.10 feet) to the northeast corner of Lot 10, Block 1 of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 10, 19) 5.89°15'44"W., 19.15 feet (of record 20.00 feet)to the southwest corner of said Lot 16 and point on the west boundary of the N.E. '/4 of the S.W. '/4 of said Section 32 as shown on Record of Survey No. 6590, Records of Ada County; thence along said west boundary, BOISE • COEUR d'ALENE • NAMPA LAI30164\SurveyMescriptions and Exhibits\Southern I fighlands Subd. No. 1 080514.doc Project: 130164 Date: August 5, 2014 Page: 3 of 3 20) N.00°08'29"W., 1.11 feet to the southwest corner of the S.E. ►/4 of the N.W. ►/4 of said Section 32 as shown on said Record of Survey and a point on the west boundary of said Lot 16; thence along said west boundary, 21) N.00°50'59"E., 500.32 feet; thence leaving said west boundary, 22)5.89009'O1"E., 30.00 feet; thence, 23) 5.48°08'04"E., 229.39 feet; thence, 24) 5.47012'29"E., 63.76 feet; thence, 25)N.45018'48"E., 404.76 feet; thence, 26) S.47035'58"E., 418.98 feet; thence, 27)S.38 -44'11"E.,66.62 feet; thence, 28) N.43°54'25"E., 192.59 feet; thence, 29) N.67021 '50"E., 39.55 feet; thence, 30)S.38 -44'11"E.,92.79 feet; thence, 31)N.44°01'37"E., 152.21 feet, thence, 32) 5.40°45'27"E., 85.00 feet; thence, 33)S.56 -42'30"E.,85.36 feet; thence, 34) 5.72°19'36"E., 85.69 feet; thence, 35) 5.69°20'22"E., 182.54 feet; thence, 36) N.46°03'04"E., 83.72 feet; thence, 37)S.89 -43'50"E.,332.67 feet; thence, 38) 5.00°16' 10"W., 180.17 feet; thence, 39) 5.13°56'46"E., 131.91 feet to the POINT OF BEGINNING. CONTAINING 27.66 acres, more or less. BOISE • COEUR d'ALENE * NAMPA LAI30164\Surveym)escriptions and Exhibits\Southern Highlands Subd. No. 1080514.doe 0 ADA COUNTY RECORDER Christopher D. Rich 2014-066992 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 08118/2014 04:32 PM FIRST AMERICAN TITLE AND ESCROW COMPANY $19.00 AFTER RECORDING MAIL TO: Sky Mesa Development, LLC 1025 S. Bridgeway Place Suite 290 Eagle, ID 83616 WARRANTY DEED File No.: 4102-2298844 (PC) Date: August 15, 2014 For Value Received, BHH Investments 1, LLC, hereinafter referred to as Grantor, does hereby grant, bargain, sell and convey unto Sky Mesa Development, LLC, hereinafter referred to as Grantee, whose current address Is 1025 S. Bridgeway Place Suite 290, Eagle, ID 83616, the following described premises, situated in Ada County, Idaho, to wit: LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: PARCEL 1: SOUTHERN HIGHLANDS SUBDIVISION NO. 1 BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and a portion of Lot 16, Block 1 of Blackrock Subdivision No. 1, on file in Book 96, Pages 12003-12008 In the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the S. 1/2 of the N.E. 1/4 of said Section 32 from which the northeast corner of said Section 32 bears N.00013'16"E., 2677.46 feet; thence along the south boundary of said S. 1/2 of the N.E. 1/4, A) N.89040'08"W.,1977.92 feet to the POINT OF BEGINNING; thence, 1) S.13°56'46" E., 39.16 feet to a point on the southerly boundary of said Lot 16 and the northerly right-of-way of East Taconic Drive; thence along said southerly boundary and northerly right-of-way and along a non -tangent curve to the left, 2) having an arc length of 314.16 feet, a radius of 525.00 feet, through a central angle of 34017108" and a long chord which bears of S.60033133"W., 309.49 feet to a point of tangency; thence continuing, 3) S.43024159"W., 361.40 feet to a tangent point of curvature; thence along a curve to the right, Page 1 of 4 AFTER RECORDING MAIL TO: Sky Mesa Development, LLC 1025 S. Bridgeway Place Suite 290 Eagle, ID 83616 WARRANTY DEED File No.: 4102-2298844 (PC) • awynowmy WOOMED. 00 NOT REMOVE THE COUNTY SumpED FRST PAGE AS IT IS NOW WCORPORATED AS PARI' OF THE ORIGINAL DOCUMENT. Date: August 15, 2014 For Value Received, BHH Investments 1, LLC, hereinafter referred to as Grantor, does hereby grant, bargain, sell and convey unto Sky Mesa Development, LLC, hereinafter referred to as Grantee, whose current address is 1025 S. Bridgeway Place Suite 290, Eagle, ID 83616, the following described premises, situated in Ada County, Idaho, to wit: LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: PARCEL 1: SOUTHERN HIGHLANDS SUBDIVISION NO. 1 BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and a portion of Lot 16, Block 1 of Blackrock Subdivision No. 1, on file in Book 96, Pages 12003-12008 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the S. 1/2 of the N.E. 1/4 of said Section 32 from which the northeast corner of said Section 32 bears N.00013'16"E., 2677.46 feet; thence along the south boundary of said S. 1/2 of the N.E. 1/a, A) N.89040'08"W., 1977.92 feet to the POINT OF BEGINNING; thence, 1) 5.13-5646"E., 39.16 feet to a point on the southerly boundary of said Lot 16 and the northerly right-of-way of East Taconic Drive; thence along said southerly boundary and northerly right-of-way and along a non -tangent curve to the left, 2) having an arc length of 314.16 feet, a radius of 525.00 feet, through a central angle of 34017'08" and a long chord which bears of 5.60033133"W., 309.49 feet to a point of tangency; thence continuing, 3) S.43024'59"W., 361.40 feet to a tangent point of curvature; thence along a curve to the right, Page 1 of 4 APN: 80988260168 Warranty Deed File No.: 4102-2298844 (PC) - eonOnued Date: 08/15/2014 4) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11°29'14" and a long chord which bears S.49009'36"W., 40.03 feet to a point of reverse curvature; thence continuing along a curve to the left, 5) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11029114" and a long chord which bears S.49009'36"W., 40.03 feet to a point of tangency; thence continuing, 6) S.43024'59"W., 64.05 feet to a tangent point of curvature; thence continuing along a curve to the left, 7) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11029'14" and a long chord which bears S.37040122'IN , 40.03 feet to a point of reverse curvature; thence continuing along a curve to the right, 8) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11029'14" and a long chord which bears S.37040122"W., 40.03 feet to the most easterly corner of Lot 23, Block 1 of said Blackrock Subdivision No. 1; thence leaving the southerly boundary of Lot 16 and the northerly right-of-way of East Taconic Drive and along the northeasterly boundary of said Lot 23, 9) N.46034'27"W., 189.98 feet to the northerly corner common to Lots 22 and 23, Block 1 of said Blackrock Subdivision No. 1; thence leaving said northerly right-of-way and along the northeasterly boundary of said Lot 22, 10) N.74 -49'10-W.,192.96 feet to the northerly corner common to Lots 21 and 22, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 21, 11) N.63 -4952"W.,178.00 feet to the northerly corner common to Lots 20 and 21, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 20, 12) N.37 -2939"W., 172.15 feet to the northerly corner common to Lots 19 and 20, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 19, 13) N.41 -48'00"W.,170.60 feet to the northerly corner common to Lots 18 and 19, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 18, 14) N.57 -20'09"W.,173.05 feet to the northerly corner common to Lots 17 and 18, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 15) N.36 -46'03-W.,172.54 feet to the most northerly corner of said Lot 17; thence along the northwesterly boundary of said Lot 17, 16) S.46034'25 -W., 161.82 feet to the most westerly corner of said Lot 17; thence, 17) S.66010124 -W., 50.00 feet to the northeast corner of Lot 15, Block 1 of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 15, Page 2 of 4 • • APN: R0988260168 Warranty Deed File No.: 4102-2298844 (PG) - continued Date: 08/15/2014 18) S.8904752"W., 235.16 feet (of record 235.10 feet) to the northeast corner of Lot 10, Block 1 of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 10, 19) 5.89015'44"W., 19.15 feet (of record 20.00 feet)to the southwest corner of said Lot 16 and point on the west boundary of the N.E. 1/4 of the S.W. 1/4 of said Section 32 as shown on Record of Survey No. 6590, Records of Ada County; thence along said west boundary, 20) N.00008'29"W.,' 1.11 feet to the southwest corner of the S.E. 1/4 of the N.W. 1/4 of said Section 32 as shown on said Record of Survey and a point on the west boundary of said Lot 16; thence along said west boundary, 21) N.00 -50'59"E., 500.32 feet; thence leaving said west boundary, 22) S.89009'01"E., 30.00 feet; thence, 23) 5.48°08'04"E., 229.39 feet; thence, 24) 5.47°12'29"E., 63.76 feet; thence, 25) N.45°18'48"E., 404.76 feet; thence, 26) 5.47035'58"E., 418.98 feet; thence, 27) S.38044'11"E., 66.62 feet; thence, 28) N.43054'25"E., 192.59 feet; thence, 29) N.67021'50"E., 39.55 feet; thence, 30) S.38044'11"E., 92.79 feet; thence, 31) N.44001'37"E., 152.21 feet; thence, 32) S.40045'27"E., 85.00 feet; thence, 33) S.56042'30"E., 85.36 feet; thence, 34) 5.72019'36"E., 85.69 feet; thence, 35) S.69020'22"E.,182.34 feet; thence, 36) N.46003'04"E., 83.72 feet; thence, 37) S.89043150"E., 332.67 feet; thence, 38) 5.00016'10"W., 180.17 feet; thence, 39) 5.13°5646"E.,131.91 feet to the POINT OF BEGINNING. Page 3 of 4 C� • APN: R0988260168 Warranty Deed File No.: 4102-2298844 (PC) - continued Date: 08/15/2014 APN:R0988260168 TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. BHH Investments 1, LLC By: dames H. Hunter, Manager STATE OF Idaho ) ss. COUNTY OF Ada On this �� day of August, 2014, before me, a Notary Public in and for said State, personally appeared ]aures H. Hunter, known or identified to me to be the person whose name is subscribed to the within instrument as Manager of the BHH Investments 1, LLC, limited liability company, and acknowledged to me that such limited company executed 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. S vr �`'�������••••• Notary Public for the State o Idaho gCHOft •y s : ��+a�������e �O ••� Residing at: Boise, ID O -VARY My Commission Expires: 9-2 1S a,.a. '••.:Te OF �.. Page 4 of 4 0 RECORDATION REQUESTED BY: Bank of the Cascades Builder Finance PO Box 190 Nampa, ID 83653 WHEN RECORDED MAIL TO: Bank of the Cascades Builder Finance PO Box 190 Nampa, ID 83653 ABANK OR THE CASCADES 0 ADA COUNTY RECORDER Christopher D. Rich 2014-066993 BOISE IDAHO Pgs=10 BONNIE 08/18/2014 04:32 PM FIRST AMERICAN TITLE AND ESCROW COMPANY $37.00 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $2,925,000.00. THIS DEED OF TRUST is dated August 15, 2014, among SKY MESA DEVELOPMENT, LLC, an Idaho Limited Liability Company, whose address is 1025 S BRIDGEWAY PLACE, SUITE 290, EAGLE, ID 83616 ("Grantor"); Bank of the Cascades, whose address Is Builder Finance, PO Box 190, Nampa, ID 83653 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Company, whose address is 94465 W Emerald St #260, Boise, ID 83704 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby Irrevocably grant, bargain, sell and convey in trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; ail water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in ADA County, State of Idaho: See Exhibit "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 27.66 ACRES AT E TACONIC DRIVE, MERIDIAN, ID 83642. The Real Property tax identification number is R0988261010. CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified In the Note, all future amounts Lender in its discretion may loan to Grantor, together with all interest thereon. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) colied the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. THE REAL PROPERTY IS NOT MORE THAN EIGHTY (80) ACRES AND IS NOT PRINCIPALLY USED FOR THE AGRICULTURAL PRODUCTION OF CROPS, LIVESTOCK, DAIRY OR AQUATIC GOODS, OR IS NOT MORE THAN FORTY (40) ACRES REGARDLESS OF USE, OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous AFFIDAVIT OF LEGAL INTEREST I, BHH Investments 1 LLC 1025 S. Bridgeway Place Ste. 290, Eagle, ID 83616 (printed name) (address) being first duly sworn upon oath, deposed and say: I. That I am the owner of the property described on the attached, and I grant my permission to T -O Engineers, 332 N. Broadmore Way, Nampa, ID 83687, to submit the accompanying application pertaining to Southern Highlands Subdivision. The Ada County Tax Assessor's Parcel Numbers are: R0988260168, R0988260164, R0988260242, R0988260167 2. I agree to indemnify, defend and hold the City of Meridian, Ada County and their employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of said property, which is the subject of the application. Dated this +� day of a , 2014. 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Location: The site is located south of E. Amity Road and north of E. Taconic Drive, west of S. Eagle Road, in Section 32, Township 3N, Range IE.