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
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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.
SUBSCRIBED AND SWORN to before me the day and year first above written.
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Hearing Date: November 5, 2014
File No.: MFP-14-003
Project Name: Southern Highlands Subdivision No. 1
Request: Request for a 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, by Sky Mesa Development LLC.
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.