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HomeMy WebLinkAboutMcNelis Sub Lots 1,2 & 3 PBA-12-006E IDIAN- II Di AHO October 29, 2012 Mr. Scott Kraus, V.P. of Real Estate O'Reilly's Automotive Stores, Inc. 233 South Patterson Springfield, MO 65802 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba RE: Property Boundary Adjustment for Lots 1, 2, & 3, Block 1, McNelis Subdivision (PBA -12-006) Dear Mr. Kraus: A property boundary adjustment for the above -referenced property was tentatively approved by the Director on May 16, 2012. This approval was granted contingent upon the completion of several tasks as required by UDC 11 -6B -8C2 within one year of the date of tentative approval. Since that date, the applicant has completed the required tasks within the time period allowed. The Director deems that the property boundary adjustment is in conformance with UDC 11-6B-8 and therefore grants final approval of the property boundary adjustment. The applicant, director, or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before November 13, 2012, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC I1 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web -site at www.meridianeiiy.org departments/planning/comment card to fill out a customer survey and give us feedback on how we are doing. Division Manager PF:sw Cc: Warren Stewart, City Engineer Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org mcNB/iJ PBA Meridian THIS MAP NOT INTENDED FOR NAVIGATIONAL USE http://66.192.184.147/imt`/imfPrintMap.jsp?title=Meridim[10/23/2012 3:57:18 PM] ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 BOISE IDAHO 07/1012012 02:06 PM DEPUTY Victoria Bailey pp pp sninpane Fhdr,poic 16euMin4 REWORDED Rl M'WrOF FIDELITY NATIONAL TITLE - 8018 112067299 QUITCLAIM DEED FOR VALUE RECEIVED, Tel Mile Center LLC, an Idaho limited liability company do(es) hereby convey, release, remise and forever quitclaim unto Ten Mile Center LLC, an Idaho limited liability company whose current address is: 621 North Robinson Blvd„ Nampa, ID 83687 the following described premises: See Attached Exhibit "A" TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. Dated: Ten Mile Center LLC, an Idaho limited liability company sy: dward J. Mc s, Mang r State of ( aFP } }ss. County of /, ) // //�J On this4 C' day 2012, before me, ILI& 4Aj, 4 a Notary Public in and for the State, p naI1y appeared Edward J. McNblis, known or identified to me (or proved to me on the th of ) to be the Manager of Ten Mile Center LLC, an Idaho limited liability company, a MaoWY that executed the instrument or the person. who executed the instrume eh 9f said liplited liability coi»�any and acknowledged to me that such limi it bib coritpany c uted the ame. / t0TAR 1• ,!G Notdi'y Public for the State 0T _ R Idmg at Commission Expires _. pUOLt j?p Engineering Associates, L.C. nominion DESCRIPTION OF LOT 2A, BLOCK 1, McNELIS SOBDIVISION FOR O'RF.ILLY AUTOMOTIVE STORES, INC. The North 135.85 feet of the South 150.85 feet of Lot 2, in Block 1 of McNefis Subdivision, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 100 of Plats at Pages 13082 through 13084, said parcel being shown on Record of Survey No. 9229,. on file under Instrument No. 112057085 in said Office of the Recorder for Ada County, Idaho, and lying in the Southeast Quarter of Section 34, TAN., R.1 W., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Comer of said Section 34, marked by a brass cap; thence along the East line of said Section 34 North 00017'35" East 272.99 feet; thence North 89°42'25" West 48.00 feet to the Southeast comer of Lot 3, Block 1 of said McNelis Subdivision, marked by an iron pin; thence along the East line of said Lots 3 and 2, being also the Westerly right -of --way line of North Ten Mile Road, North 00017135" East 217.00 feet to the TRUE POINT OF BEGINNING, marked by an iron pin; thence along the South line of the North 135.85 feet of the South 150.85 feet of said Lot 2 North 89043'00" West 230.00 feet to the West line of said Lot 2 and an iron phi; thence along said line North 00°1735" Last 135.85 feet to the Northwest comer of the South 150.85 feet of said Lot 2, marked by an iron pin; thence along the North line of the South 150.85 feet of said Lott South 89°43'00" Easi 230.00 feet to the East line of said Lot 2 and the Westerly right-of- way line of North Ten Mile Road, marked by an iron pin; thence along said line South 0001 T35" West 135.85 feet to the TRUE POINT OF BEGINNING. ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 BOISE IDAHO 07/10/2012 02:06 PM DEPUTY Victoria Bailey RPlz,n;(ORUnp-lil(QPBSr OP llaa. F.hatr n,L. IL.,v^I" A 111111111111 HE 11111111111111111111111111111111111111111111111 FIOELITY NATIONAL TITLE - BOIS 112067300 QUITCLAIM DEED FOR VALUE RECEIVED, Ten Mile Center LLC, an Idaho limited liability company do(cs) hereby convey, release, remiso and forever quitclaim unto Ten Mile Center LLC, an Idaho limited liability company whose current address is: 621 North Robinson Blvd„ Nampa, ID 83687 the following described premises: See Attached Exhibit "A" TO HAVE AND TO HOLD the said premises, onto the said grantees, heirs and assigns forever. Dated: Ten Mile Center LLC, an Idaho limited liability company State of Id" ) )ss. County of a ) On this 1`O day of W '2012, before me, Public in and for the State, perso ly appeared Edwar to me (or proved to me on the oath f T') to t LLC, an Idaho limited liability company/a Manager 11 person who executed the instmm behalf of s acknowledged tome that such f ' d i ilityrcompai7 A14k0Wrill k a Notary J. McNelis, known or identified >; Manager of Ten Mile Center 4t executed the insJrr��cut or the 1 ihmited liabiligy c,6mpany and is for the Slate of I ExpiresaeMNm 1, iiWI n,IeaM Mr Conuin dmerplrm 11-1!36Tfi LuA D0m11ii0n Engineering Associates, L.C. DESCRIPTION OF LOT IA, BLOCK I, McNELIS SUBDIVISION FOR O'REILLY AUTOMOTIVE STORES, INC. AD of Lot I and Lot 2, except the South 150.85 feet thereof, in Block 1 of McNelis Subdivision, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 100 of Plats at Pages 13082 through 13084, said parcel being shown on Record of Survey No. 9559, on file under lnstrvmeat No. 112057085 in said Office of the Recorder for Ada County, Idaho, and lying in the Southeast Quarter of Section 34, TAN., R.1 W., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Comer of said Section 34, marked by a brass cap; thence along the East line of said Section 34 North 009 T35" East 272.99 feet; thence North 89°42'25" West 48.00 feet to the Southeast comer of Lot 3, Block 1 of said McNelis Subdivision, marked by an iron pin; thence along the East line of said Lots 3 and 2, being also the Westerly rigbt-of-way line of North Ten Mile Road, North 00°17'35" East 352.85 feet to the TRITE POINT OF BEGINNING, marked by an iron pin; thence along the North line of the South 150.85 feet of said Lot 2 North 89043'00" West 230.00 feet to the West fine of said Lot 2 and an iron pin; thence along said line North 00017'35" East 250.03 foot to the Northwest corner of said Lot 2, marked by an iron pin, being also a point on the Southerly right-of-way line of West Nellis Drive, mid a point of non -tangency with a 173.00 foot radius curve, concave Southerly (radius point bearing South 00000'25" East); thence along said right-of-way line and the Northerly line of Lots 2 and t the following five (5) courses: (1) Easterly along said right-of-way line and the are of said curve through an are length of 0.89 feet, a central angle of 00017'40", long chord bearing South 89051'15" East 0.89 feet) to a tangent line marked by an iron pin; (2) South 89042'45" East 112.16 feet to an iron pin; (3) South 70032'52" East 39.61 feet to an iron pin; (4) South 89042'25" East 59.54 feet to an iron pin; (5) South 44042'25"East 28.28 feet to the East line of said Lot 1 and the Westerly right- oFway line ofNath Ten M is Road, marked by an iron pin; thence along said line and the East line of said Lot 2 South 00017'35" West 217.01 feet to the TRUE POINT OF BEGINNING. 5684 S. Leen Sued Murray, Ulah 84123 • (901)713-3000 • FAX (801)713-3030 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 BOISE IDAHO 0711012012 02:06 PM DEPUTY Victoria Bailey pp olliv I1NtlntDrin-nP�QI l&SI' 11F FIDELITY NATIONAL TITLE-BOIS 112067301 QUITCLAIM DEED FOR VALUE RECEIVED, Ten Mile Center LLC, on Idaho limited liability company do(es) hereby convey, TOMS, remiss and forever quitclaim unto Ten Mile Center LLC, as Idaho limited liability company whose current address is: 621 North Robinson Blvd„ Nampa, ID 83687 the following described premises: See Attached Exhibit "A" TO HAVE AND TO HOLD the said premises, Unto the said grantees, heirs and assigns forever. Dated: 'Ven Mile Center LLC, an Idaho limited liability company By: ward T. A lis, Mu ger Slate of / G/A-/ti7 } A)as. County of ''. W-4— On this t0 day o€Jr 2012, before mAutfL let Ass/f u a Notary Public in and for the State, per 'fly appeared Edward J. McNelis, known or identified tome (or proved to me on the Oa of —. ) to be the Manager of Ten Mile Center LLC, an Idaho limited liability company, 2(Manager the iccooled the instrument or the person who executed the instmm5nt-o chaff of saib limited liability company and acknowledged to me that such i5mted Ii ili)' W mpao eliecueed the same iblic for the State of _ at a}t�gdlu,..yalp— ion Expuss I e. 11n2-1018 _ �1,..:..� DEnginOeerm!neon h�...J DESCRIPTION OF LOT 3A, BLOCK 1, FOR O'REILLY AUTOMOTIVE STORES, INC, All of Lot 3 and Lot 2, except the North 135.85 feet of the South 150.85 feet thereof, in Block I of MoNelis Subdivision, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 100 of Plats at Pages 13082 through 13084, said parcel being. shown on Reoord of Survey No. 9229, on file under Instrument No. 112057085 in said Office of the Recorder for Ada County, Idaho, and lying in the Southeast Quarter of Section 34, TAN., ILLI W., B.M., Meridian, Ada County, Idaho, being more particularly described m follows: Commencing at the Southeast Comer of said Section 34, marked by a brass cap; thence along die East line of said Section 34 North 00°17'35" East 272.99 feet; thence North 89042'25" West 48.00 feet to the Southeast comer of Lot 3, Block 1 of said McNehs Subdivision, marked by an iron pin, and the TRUE POINT OF BEGINNING; thence along the South line of said Lot 3 North 89043'00" West 230.00 feet to the Southwest corner of said Lot 3, marked by an iron pin; thence along the West line of said Lots 3 and 2 North 00017'35" East 217.00 feet to the North 135.85 feet of the South 150.85 feet of said Lot 2, marked by an iron pin; thence South 89043'00" East 230.00 feet to the East line of said Lot 2 and the Westerly right-of-way line of North Ten Mile Road, marked by an iron pin; thence along said line and the East lino of Lot 3 South 00017'35" West 217.00 feet to the TRUE POINT OF BEGINNING. 5684 S. Goren Street Manay, Utah 84123 • (801)713-3000 • FAX (801)713-3030 E OJ 0 =2 � �°oag �go�aS ^+330 f 5H y9=2g -2 9, 8 34 35 1/4 J� RBo WEST NELIS DRIVE kl Ion I °r PRENOUS !AT LME 0 I � 54389°'00' 2300. U' � E Cy ON nb ak _ �N mi ry e9°4 ao;' w z3OLD: _ , _ ./y o .� 0 PREVIOUS LOT UNE _ O m �m m cy I , �^ Ig S > v o I , WEST USTICK ROAD 34 , 35 3 2 wa 1 O y c'] N89'42'WW_ 2]2.37 y 224.32 s? #pe i y N B9°4T46"E 1121fi' a S?@2.E q el Oyyy 90 N Z ``�-59:5-0' 4' 1 o�o O n�( y SB9°42'25°E u.tl z I la It 'Sg « �8 m � I °r PRENOUS !AT LME 0 I � 54389°'00' 2300. U' � E Cy ON nb ak _ �N mi ry e9°4 ao;' w z3OLD: _ , _ ./y o .� 0 PREVIOUS LOT UNE _ O m �m m cy I , �^ Ig S > v o I , WEST USTICK ROAD 34 , 35 3 2 wa 1 O y c'] ar z� y N m w Oyyy rGryyU Rpt N O X o�o O z m � azz z 8a �EN!D IAN,a- �J of Review all that ❑ Accessory Use ❑ Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ® Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other Planning Department ADMINISTRATIVE REVIEW APPLICATION File name: Mcn12-hi ed: Date Related files: Applicant Information Applicant name: O'Reilly's Automotive Stores, Inc. Phone: (417)882-2674 ext. 7411 Applicant address: 233 South Patterson, Springfield, MO Zip. 65802 E-mail; clgreen@oreillyauto.com Applicant's interest in property: M Own [D Rent ❑ Optioned 8 Other Surveyor Representative Owner name: Ten Mile Center, LLC Phone: Fax: Owner address: 621 N. Robinson Blvd., Nampa, ID Zip: 83687 E-mail: Agent name (e.g., architect, engineer, developer, representative): James V. Wehde, PLS Firm name: Address: _Phone: (509)481-8679 Fax: (888)836-9378 Zip: 83854 E-mail: jim@l owestsu'vey.com Primary contact is: ■ Applicant ❑ Owner 9 Agent ❑ Other Contact name: Phone: Fax: Contact address: Zip: E-mail: Subject Property Information Location/streetaddress: 3325 & 3377 North Ten Mile Rd., and 3285 West Nelis Drive, Meridian, ID Assessor'sparcel number(s): #R5629430010, #R5629430020 & #R5629430030 Township, range, section: TAN., R.1 W., Sec. 34 Current land use: Vacant Total acreage: 3.149 Current zoning district: CG o Aad -ed t-ayu�-A,.KS e1-rrt'.J Ser-Sex6e-W%5 I\e 1 oce keol , Gt �c 1 cn.a`I Z , ea u+w---lkS - 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11129111) E IDIAN7.-- May 16, 2012 Mr. Scott Kraus, V.P. of Real Estate O'Reilly's Automotive Stores, Inc. 233 South Patterson Springfield, MO 65802 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba RE: Property Boundary Adjustment for Lots 1, 2, & 3, Block 1, McNelis Subdivision (PBA -12-006) Dear Mr. Kraus: This letter is to confirm that the Director tentatively approved your property boundary adjustment application for the subject property. In accord with UDC 11 -6B -8C.2, the applicant or owner shall have one year to complete the following tasks: a. Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada County assessor; and d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the director. In addition to the above tasks, you are required to relocate any existing sanitary sewer and water services that were intended for the original lots to the new lot configuration. This will also require permanent abandonment of existing service locations per the Meridian Public Works Department standards. New easements are required at the location of the new sanitary sewer and water facilities. This is required to be completed within the one year period of time referenced above. Upon determination by the Director that the final property boundary adjustment is in conformance with UDC 11-613-8, a letter of approval will be issued. If you should have any further questions regarding this matter, please don't hesitate to contact Sonya Watters at (208)884-5533. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web -site at www.meridiancity.org departments/planning/comment card to fill out a customer survey and give us feedback on how we are doing. Sincerely, E 1 5� YZ fee, edam 2� Pete Friedman, AICP Deputy Director PF:sw Cc: Warren Stewart, City Engineer Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org (�/WEIDIZ IAN, Planning Department PROPERTY BOUNDARY ADJUSTMENT Application Checklist Project name:LL It AuTaixorl VC- — M cAlft K WIM I File#: j'BA-Ii Op A licanUa ent: m (w(gitiatme., 5605• kaw Sf. MURROt &rr tvf7-3 All applications are required to contain one copy of the following unless otherwise noted: Applicant (�) Description staff N) Please rovide two (2) copies of each of the items listed below: Completed & signed Administrative Review Application Narrative fully describing the re uested Rroperty boundary adjustment Legal descrition (metes and bounds) of the new property boundaries and closure sheet Recorded warranty deed for the subject property V Affidavit of Legal Interest signed & notarized by the property owner (u owner is acmpm Pion, submits copy of the Articles of Inc2TOum m other evidence to show that the persoi sigrAng is an aathorized a t.) Scaled vicinity map showing the location of the subject property Existing recorded plat in which the subject property lies (8 Y2" x 11") (if applicable) Existing Record of Surveys used and/or referenced (8 Y2" x 11") Record of Survey (18" x 24" pNer copy) Fee Property boundary adjustments are allowed for the adjustment of property lines between existing properties, and to allow for the reduction in the number of buildable lots. A property boundary adjustment does not vacate the platted lot lines or easements of a recorded subdivision (UDC 11-613-8). APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 8845533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 12117A8) CiWE It Planning Department ADMINISTRATIVE REVIEW APPLICATION Type 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 ❑ Private Street * Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other Applicant Information STAFF USE ONLY:: File number(s): Projectname: E)' A6 /4 i Date filed: Date complete: 5 -iia- Assigned Planner: Sq.+ Related files: Applicant name: O'Reilly's Automotive Stores, inc. Phone: 14171862-2674 ext. 7411 Applicant address: 233 South Patterson, Springfield, MO Zip: 65802 E-mail: cigmen@oreillyauto.com Applicant's interest in property: O Own ❑ Rent ❑ Optioned @ Other Surveyor Representative Owner name: Ten Mile Center, LLC Phone: Owner address: 621 N. Robinson Blvd., Nampa, ID Zip: 83687 E-mail: Agent namee. James V. Wehde, PLS name(e.g., architect, engineer, developer, representative): Firm name: Address: Primary contact is: 6 Applicant ❑ Owner M Agent ❑ Other Contact name: Contact address: Fax: _Phone: (509)481-8679 Fax: (888)836-9378 Zip: 83854 E-mail: jim@10westsurvey.com Phone: Fax: Zip: E-mail: Subject Property Information Location/street address: 3325 & 3377 North Ten Mile Rd., and 3285 West Nelis Drive, Meridian, ID Assessor's parcel numberl s).. #R562943001 #R5629430020 & #R5629430030 Township, range, section: TAN., R.1 W., Sec. 34 current land use: Vacant Total acreage: 3.149 Current zoning district: CG 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884.5533 • Facsimile: (208) 888.6854 • Website: www.meridiancity.org 1 (R". 11129111) Project/subdivision name: /vt ervc n -3 R General description of proposed project/request: Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential q0 Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): h & 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 (ifpdmary or secondary pointof connection is Citywater): Number of residential units: Number of building lots: Number of common and/or other lou: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total lana); _ Percentage of open space provided: Percentage of useable open space: _ Type of open space provided i ri 2 or more 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) (i.e., landscaping, public, common, etc): Type of dwelling(s) propefed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Mulli-family Non-residential Project Summary (if applicable) Number of building lots, 1 Other tots: NA Gross floor area proposed: 6,972 5f Existing (if applicable): NA Hours of operation (days and hours): A1eA0ey�1" y7' 0 WQDw and" 1m,. IMP, Building height:19^-0" Percentage of site/project devoted to the following: Landscaping: 24% Building: 22% Paving: 54% Total number of employees: 9 Maximum number of employees at any one time: 5 Number and ages of students/children (if applicable): Total number of parking spaces provided: 29 NA Seating capacity: NA Number of compact spaces provided: NA Authorization Print applicant name: S(ai+ gMLAS, Vice President of Real Estate for O'Reilly Automotive Stores, Inc. Applicant signature: Date: 'fit 33 E. Broadway Avenue, Suite 210 • Meridlan, Idaho 83642 Phone: (208) 884.5533 • Facsimile: (208) 888.6854 • Website: www.meddiancity.org 2 oominion Engineering Associates, L.C. City of Meridian Planning Department 33 E. Broadway Ste. 210 Meridian, ID 83642 Attn: Bill Parsons The Applicant, O'Reilly Automotive Stores, Inc. is requesting a property boundary adjustment of Lots 1, 2 & 3 of Block I of McNelis Subdivision according to the official plat thereof, filed in Book 100 of Plats at Page(s) 13082 through 13084. The request is to remove the flag portion of Lott and add it to Lot 1, adjust the line between Lots 1 and 2 to the South, and adjust the line between Lots 3 and 4 to the North. The reason for the change is to accommodate the planned use, by the Applicant, of Lot 2. Please call if you have any questions Respectfully, James V. Wehde P.L.S. No. 9572 Dominion Engineering Associates, L.C. DESCRIPTION OF LOT 1A, BLOCK 1, McNELIS SUBDIVISION FOR O'REILLY AUTOMOTIVE STORES, INC. All of Lot 1 and Lot 2, except the South 150.85 feet thereof, in Block 1 of McNelis Subdivision, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 100 of Plats at Pages 13082 through 13084, said parcel being shown on Record of Survey No. on file under Instrument No. in said Office of the Recorder for Ada County, Idaho, and lying in the Southeast Quarter of Section 34, TAN., R.1W., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of said Section 34, marked by a brass cap; thence along the East line of said Section 34 North 00°17'35" West 272.99 feet; thence North 89°42'25" West 48.00 feet to the Southeast corner of Lot 3, Block 1 of said McNelis Subdivision, marked by an iron pin; thence along the East line of said Lots 3 and 2, being also the Westerly right-of-way line of North Ten Mile Road, North 00017'35" West 352.85 feet to the TRUE POINT OF BEGINNING, marked by an iron pin; thence along the North line of the South 150.85 feet of said Lot 2 North 89°43'00" West 230.00 feet to the West line of said Lot 2 and an iron pin; thence along said line North 00017'35" East 250.03 feet to the Northwest comer of said Lot 2, marked by an iron pin, being also a point on the Southerly right-of-way line of West Nellis Drive, and a point of non -tangency with a 173.00 foot radius curve, concave Southerly (radius point bearing South 00°00'25" East); thence along said right-of-way line and the Northerly line of Lots 2 and 1 the following five (5) courses: (1) Easterly along said right-of-way line and the arc of said curve through an are length of 0.89 feet, a central angle of 00'17'40", long chord bearing South 89051'15" East 0.89 feet) to a tangent line marked by an iron pin; (2) South 89°42'45" East 112.16 feet to an iron pin; (3) South 70°32'52" East 39.61 feet to an iron pin; (4) South 89°42'25" East 59.54 feet to an iron pin; (5) South 44°42'25" East 28.28 feet to the East line of said Lot 1 and the Westerly right- of-way line of North Ten Mile Road, marked by an iron pin; thence along said line and the East line of said Lot 2 South 00°17'35" West 217.01 feet to the TRUE POINT OF BEGINNING. N ,<NL LAo.n. Containing 56,028 Square Feet, or 1.286 Acres, more or less. aV.N4 CARnc n.,.P„ct.«t ITt�h RAI )I . JRnIVII 1_1nnn. PAY /RnTY717_'1nZn Dominion Engineering Associates, L.C. DESCRIPTION OF LOT 2A, BLOCK 1, McNELIS SUBDIVISION FOR O'REILLY AUTOMOTIVE STORES, INC. The North 135.85 feet of the South 150.85 feet of Lot 2, in Block 1 of McNelis Subdivision, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 100 of Plats at Pages 13082 through 13084, said parcel being shown on Record of Survey No. , on file under Instrument No. in said Office of the Recorder for Ada County, Idaho, and lying in the Southeast Quarter of Section 34, TAN., R.1 W., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of said Section 34, marked by a brass cap; thence along the East line of said Section 34 North 00°17'35" West 272.99 feet; thence North 89042'25" West 48.00 feet to the Southeast corner of Lot 3, Block 1 of said McNelis Subdivision, marked by an iron pin; thence along the East line of said Lots 3 and 2, being also the Westerly right-of-way line of North Ten Mile Road, North 00°17'35" West 217.00 feet to the TRUE POINT OF BEGINNING, marked by an iron pin; thence along the South line of the North 135.85 feet of the South 150.85 feet of said Lot North 89°43'00" West 230.00 feet to the West line of said Lot 2 and an iron pin; thence along said line North 00017'35" East 135.85 feet to the Northwest corner of the South 150.85 feet of said Lot 2, marked by an iron pin; thence along the North line of the South 150.85 feet of said Lot 2 South 89°43'00" East 230.00 feet to the East line of said Lot 2 and the Westerly right-of- way line of North Ten Mile Road, marked by an iron pin; thence along said line South 00°17'35" West 135.85 feet to the TRUE POINT OF BEGINNING. Containing 31,245 Square Feet, or 0.717 Acre, more or less. LANp 9,972 I V. Dominion Engineering Associates, L.C. DESCRIPTION OF LOT 3A, BLOCK 1, McNELIS SUBDIVISION FOR O'REILLY AUTOMOTIVE STORES, INC. All of Lot 3 and Lot 2, except the North 135.85 feet of the South 150.85 feet thereof, in Block 1 of McNelis Subdivision, filed for record in the office of the Ada. County Recorder, Boise, Idaho in Book 100 of Plats at Pages 13082 through 13084, said parcel being shown on Record of Survey No. , on file under Instrument No. in said Office of the Recorder for Ada County, Idaho, and lying in the Southeast Quarter of Section 34, TAN., R.1 W., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of said Section 34, marked by a brass cap; thence along the East line of said Section 34 North 00°17'35" West 272.99 feet; thence North 89042'25" West 48.00 feet to the Southeast corner of Lot 3, Block 1 of said McNelis Subdivision, marked by an iron pin, and the TRUE POINT OF BEGINNING; thence along the South line of said Lot 3 North 89°43'00" West 230.00 feet to the Southwest corner of said Lot 3, marked by an iron pin; thence along the West line of said Lots 3 and 2 North 00°17'35" East 135.85 feet to the North 135.85 feet of the South 150.85 feet of said Lot 2, marked by an iron pin; thence South 89°43'00" East 230.00 feet to the East line of said Lot 2 and the Westerly right-of-way line of North Ten Mile Road, marked by an iron pin; thence along said line and the East line of Lot 3 South 00°17'35" West 217.00 feet to the TRUE POINT OF BEGINNING. Containing 49,910 Square Feet, or 1.146 Acres, more or less, wane rronn cf.nut TA........ nta6 RATA .(520107:AMn. F d X(5101 Y111A1)2n Dominion Engineering Associates, L.C. CLOSURE CHECK FOR LOT IA, BLOCK 1, McNELIS SUBDIVISION FOR O'REILLY AUTOMOTIVE STORES, INC. Select figure: Figure Name: Lot IA Course: N 00-17-35 E Distance: 217.01 Course: N 44-42-25 W Distance: 28.28 Course: N 89-42-25 W Distance: 59.54 Course: N 70-32-52 W Distance: 39.61 Course: N 89-42-45 W Distance: 88.05 Course: N 89-42-45 W Arc Length: 0.89 Course: S 00-17-35 W Course: S 89-43-00 E Perimeter: 937.52 Area: 56027.60 Distance: 24.11 Radius: 173.00 Distance: 250.03 Distance: 230.00 1.286 acres Delta: -0-17-40 Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.003 Course: S 39-00-22 E Precision 1:289391.63 CLOSURE CHECK FOR LOT 2A, BLOCK 1, McNELIS SUBDIVISION FOR WREILLY AUTOMOTIVE STORES, INC. Figure Name: LOT 2A Course: N 00-17-35 E Course: N 89-43-00 W Course: S 00-17-35 W Course: S 89-43-00 E Perimeter: 731.70 Distance: 135.85 Distance: 230.00 Distance: 135.85 Distance: 230.00 Area: 31245.37 0.717 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.000 Course: N 26-33-54 E Precision 1: 731700000.00 GrQAq ('rc ct--t nAiirrav Tltah 94 1)1 ./Rn71711_Znnn. F 4X(Rn 11711_1n1n Dominion Engineering Associates, L.C. CLOSURE CHECK FOR LOT 3A, BLOCK 1, McNELIS SUBDIVISION FOR O'REILLY AUTOMOTIVE STORES, INC. Figure Name: LOT 3A Course: N 00-17-35 E Course: N 89-43-00 W Course: S 00-17-35 W Course: S 89-43-00 E Perimeter: 894.00 /:�MII' ' Distance: 217.00 Distance: 230.00 Distance: 217.00 Distance: 230.00 1.146 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.000 Course: N 00-00-00 E Precision 1: 894000000.00 q AW WHEN RECORDED, RETURN TO; Ten Mile Center LLC,-- _ — an Idaho limited liability company ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT Iter 4 Boise,JOSE IDAHO 07115108 ID 83706 RECORDED- REQUUEESTOFtB AM 3350 Americana Terrace,Suite200 III I'IIIIII�II�llll'I�III���III'IIIII 76S vw 3W Stewart Title Company 108080648 CORRECTIVE WARRANTY DEED FALCON CREEK CONVEYANCE TO TEN MILE CENTER **********www**w***w**********w*w**www*www*wwwww*w*www**www*****w**wwww**w*w** I THE PURPOSE OF THIS DEED IS TO CORRECT THE ERRONEOUS NOTARY JURAT OF THAT CERTAIN WARRANTY DEED BY FALCON CREEK LLC (GRANTOR) TO TEN MILE CENTER LLC (GRANTEE) RECORDED JUNE 13, 2006, INSTRUMENT NO. 106093952, OFFICIAL RECORDS OF ADA COUNTY, STATE OF IDAHO. Falcon Creek, LLC (Grantor) hereby conveys, grants and warrants to Ten Mile Center LLC, an Idabo limited liability company (Grantee), whose address is 3350 Americana Terrace, Suite 200, Boise, Idaho 83706, for the sum of TEN DOLLARS and other good and valuable consideration, the following described real property totaling 34.60 acres located at the Northwest comer of Ustick and Ten Mile, Ada County, Idaho. The legal description is as follows: See Exhibit "A" attached hereto and made a part hereof, SUBJECT TO taxes and assessments from the year 2005 and all subsequent years, together with any and all existing casements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all appurtenances, tenements, hereditaments, reversions, remainders, easements, rights-of-way and water rights in anywise appertaining to the property herein described. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. IN WITNESS WHEREOF, the Grantor has executed this instrument on this PO day of 2008. SIGNATURES AND NOTARY ACKNOWLEDGEMENTS CONTINED TO NEXT PAGE SIGNATURES AND NOTARY ACKNOWLEDGEMENT PAGE TO CORRECTIVE WARRANTY DEED Falcon Creek, By: v Name: Edward J.elis Its: Managing ember By: Interwest Development Corporation, an Idaho corporatio Its: Manager By: Name; ALeon Blaser Its: President STATE OF Tda� v } ss County of G _ } On the tQ�day of 3 U l—Y 2008, personally appeared before me Edward J. McNelis, who being by me, duly sworn, did say that he is the Managing Member of Falcon Creek LLC, an Idaho limited liability company the said limited liability company that executed the within and foregoing instrument by Authority, of its Articles or Organization and Operating Agreement and the said Edward J. McNelis duly acknowledged the said limited liability company executed the same. s' W. IGUI' III L1 ON ho Nuhlm Siatc ul iJahu [S AL]] Y NOTARY PUBLIC Residing At: My Commission Exptren NOTARY ACKNOWLEDGEMENT CONTINUED TO NEXT PAGE CONTINUED NOTARY ACKNOWLEDGEMENT PAGE TO CORRECTNEWARRANTY DEED STATE OF IDAHO q .ss County of A ark ) On the cobday of 'int , 2008, personally appeared before me A. Leon Blaser, who being by me, duly sw m, did say that he is the President of Interwest Development Corporation, an Idaho corporation, the corporation that executed the within and foregoing instrument by authority of its By -Laws and Resolution of it's Board of Directors and known to be the Manager of Ten Mile Center LLC, an Idaho limited liability company and the said A. Leon Blaser duly acknowledged the said corporation and limited liability company each executed the same. i/ /%. NOTARYA 1c� w. r;;ri. rnt.i,oN Residing At: 'I Ivulary Puhl�c }. My Commission Exprres: Residing At: My Commission Expires: EXHIBIT "A" A parcel of land located in the Southeast quarter of Section 34, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at the corner common to Section 2 and 3, Township 3 North, Range I West and Sections 34 and 35, Township 4 North, Range 1 West, Boise Meridian; Thence along the South boundary of said Section 34 North 89 degrees 43'0 0" West, 934.94 feet; thence North 37 degrees 25'41 " West, 861.63 feet; thence North 43 degrees 06'33 " West, 45.13 feet; thence 152.82 feet along the arc of a curve to the left, having a radius of 290.92 feet, a central angle of 30 degrees 05'54", and a I ong chord bearing North 58 degrees 09'30" We st 151.07 feet; thence North 73 degrees 12'27" West, 105.95 feet; thence 122.51 feet along the arc of a curve to the right, having a radius of 100.50 feet, a central angle of 69 degrees 50'36", and a long chord be aring North 38 degrees 17'09" West, 115.06 feet; thence North 03 degrees 21"51" West, 140.80 feet; thence North 80 degrees 31"41" East, 287,40 feet; thence South 86 degrees 51"15" East, 701.30 feet; thence North 64 degrees 14" 16" East, 277.37 feet; thence South 89 degrees 43"09" East, 303.80 feet; thence South 00 degrees 17"35" West, 253,68 feet; thence South 89 degrees 42"25" East, 267.53 feet to a point on the East boundary of said Section 34; thence South 00 degrees I7"35" West, 935.83 feet to the Point of Beginning. EXCEPT any portion lying within the right of way of Ustick Road or North Ten Mile Road. *rrr STA'V'E OF IDAHO COUNTY OF ADA AFFIDAVIT OF LEGAL INTEREST 1� W. STlvfwq P- �/ flume) t (address) Q (city) ! (state) being first duty sworn upon, oath, depose and say: That I am the record owner or the property described on the attached. and 1 ;rant my penuission to: i Soudh Pottso>1,T�nSflcitMO (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and (told the City of Y[eridian and its employees. harmless from any claim or liability resulting from any dispute ns to the statements contained herein or us to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City or Meridian staff to enter the subject property for [he purpose of site inspections related to processing said application(s). 4P( Dated this 1 _day of � `t .20 10 - (Signature) Z' (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. �(N ary Public for Idaho) Residing at: 1 i� M1y Commission Expires: MY COMMISSION EXRIRRS 7anuary 28, 2015 ODNDRDTTIRn VOTARY PURI.IC 11NnF.RWR nERe i r Dominion Engineering Associates, L.C. VICINITY MAP FOR PROPFRTV HOTWnARV AD.HTSTMFNT LOTS 1, 2 & 3, McNELIS SUBDIVISION FOR O'REILLY AUTOMOTIVE STORES, INC. SITE -N- E USTICK RD Of x W Of z 1" = 5000' 5 z o z _,w 0 z z ¢ �-j m z z z E PINE AV E FRANKLIN RD 84 .,,,... �..�.......,......,....e cnia if mz 205 f �Y %ros•" ��� �' / n/i7 9 1�4 l EIY �I c`A I ` 91 I R@� 8( 1171{44¢, I pk 1 I I �xa a -T-11 0 9 ptg$i66 ! lid tg' q ZI S I4WJI 4 I Y4L Vila ^ 1\ I C Im g�pp � I eYl -CI\\ MR off 2 Y �. �48t,88' !9' � wYlmwm waonvwwrRa nw<vlavR. � yayJ IE L' Ex N.Td IIMR RU. .�m.ra �1 q8 R� ,0 8j G1 a Dominion Engineering Associates, L.C. Transmittal April 30, 2012 To: City of Meridian Planning Department From: James V. Wehde, FLS Attn: Bill Parsons c/o Dominion Engineering 33 E. Broadway, Ste. 210 Associates, LC Meridian, ID 83642 5684 S. Green Street Murray, UT 84123 (208) 884-5533 (509) 481-8679 Re: O'Reilly's site - Property Boundary Adjustment Dear Mr. Parsons: Attached please find the complete application package for the O'Reilly's Automotive Parts Property Boundary Adjustment on North Ten Mile Road. O'Reilly's plans on building on Lot 2A. Please Note: I spoke with Barbara Shiffer in your office, and she explained that you could help us get this process complete within five days if necessary. Please do whatever you can to expedite this process. O'Reilly's is running out of time to complete their sale on this parcel. Please let me know if you have any questions. Sincerely, James V. Wehde, PLS 10 West Land Surveying and Mapping, Inc. (509) 481-8679 5684 S. Green Street Murray, Utah 84123 • (801)713-3000 • FAX (801)713-3030