HomeMy WebLinkAboutSadie Creek Subdivision PP-04-021 CUP-04-023
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Preliminary Plat Approval of 30 Multi-Family Lots, 7
Commercial Lots and 6 Common/Other Lots on 10.05 Acres, and Detailed Conditional Use
Permit Approval of 120 Multi-Family Units and Conceptual Approval of 7 Commercial
Pad Sites in the CoG Zone for Sadie Creek Subdivision, by FOLIO, Inc.
Case No(s). PP-04-021, CUP-04-023
For the City Council Hearing Dates of: September 7, 2004 and September 21, 2004.
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the Planning & Zoning public hearing, the first publication appearing and written
notice mailed to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the property. The notice of public hearing
before the City Council was posted upon the property under consideration more
than one week before said hearing. All other noticing was done consistent with
Idaho Code §67-6509.
The matter was duly considered by the Planning and Zoning Commission at the
August 5, 2004 public hearing. The applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of
the City of Meridian were given full opportunity to express comments and submit
evidence.
b.
The matter was duly considered by the City Council at the September 7, 2004,
and September 21,2004 hearing(s). The applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of
the City of Meridian were given full opportunity to express comments and submit
evidence.
c.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
d.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation for denial of the Conditional Use Permit to the City
Council, and denied the requested Preliminary Plat. The applicant filed an appeal
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-04-021 / CUP-O4-023 - PAGE 1 of 4
of the Planning and Zoning Commission's denial decision and the City Council
granted the applicant's appeal on September 7, 2004.
e.
The City Council heard and took oral and written testimony and duly considered
the evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report, it is
hereby verified that the property owner( s) of record at the time of issuance of
these findings is Janet Ruwe. Janet Ruwe has provided notarized consent for
FOLIO, Inc. to submit these applications.
4. Required Findings per Zoning and Subdivision Ordinance
a. The City Council was unable to make the required findings of approval for the
subject Conditional Use Permit and Preliminary Plat.
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code, and all current zoning maps thereof. The City of Meridian has, by ordinance,
established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
4. That the City has issued an order of Preliminary Plat and Conditional Use Permit denial
in accordance with this Decision, which shall be signed by the City Council, the
Mayor, and the City Clerk and then a copy served by the Clerk upon the applicant, the
Planning and Zoning Department, the Public Works Department and any affected party
requesting notice.
5. That this denial is subject to the Deed and Legal Description in Exhibit A, the
Preliminary Plat prepared on 5-12-04, and the Site Plan prepared on 5-10-04, revised on
7-22-04 and 8-03-04 and stamped revised on 8-03-04 as shown in Exhibit B.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O4-02l/ CUP-O4-023 - PAGE 2 of4
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 12-3-3.J and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Preliminary Plat prepared on 5-12-04 is hereby denied for the following
reasons:
a. The proposed roadways are not entirely within the boundaries of the property;
b. The required landscape buffer to the north is not being provided.
2. The applicant's Site Plan for the Conditional Use Permit prepared on 5-10-04, revised
on 7-22-04 and 8-03-04 stamped revised on 8-3-04 is hereby denied for the following
reasons:
a. There is inadequate buffering for transitional densities to the west;
b. Proposed traffic patterns; and,
c. The concerns regarding density and cut-through traffic expressed at the hearing
by nearby property owners.
D. Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a fmal action of the governing body ofthe City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Exhibits
Exhibit A: Deed and Legal Description (3)
Exhibit B:
Preliminary Plat/Site Plan (2)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-04.02I /CUP-O4-023 - PAGE 3 of4
"~~he Ci: io~~cil at its regular meeting held on the
I z -If- day of
COUNCILMAN SHAUN WARDLE
VOTED~
eoUNCILJ\EA:N l3ILL NARY
VOTED
COUNCILMAN CHARLIE ROUNTREE (ABSENT) VOTED --*........
VOTED*
COUNCILMAN KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED
Attest:
and City Attorney.
By: j~ JlJ\. u^"-.J
City Clerk's Office
Dated:
10-26'04
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O4-02I I CUP-04-023 - PAGE 4 of4
EXHIBIT A
See Attached Deed and Legal Description (3)
----...-
~-if~-' A (I)
This document is being re-xecorded to correct 8Q enoT in the legal description-the last
call was omitted.
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ADA COUNTY II£COIIOER J, DAVID NA.....,. 8Ø/Ilf IlAHÐ PI
BOISC IDM!U2l23.1O4 ":.14 PM D!PUTY hHIl Wila
DEPUTY Joan. -.. 111111-1111111 a_OED OF ----..
IBÐI\УD,1\EOUÐTUF IIIIHIIIII_.. g 111111. I!IrIJ rny/al ~'
Marb I8IUI SUrveJilll i'é"A'i 9993 A 9.10
AMOUNT Uti QUITCLAIM DEED
----
This indenhm: is made, as of the date set fOrth below, by and between JANET RUWE,
80 unmarried penon and q.GORY L. EAGY and CHANDRA J. E¡A¡GY, husband and wife,
GRANTORS, and GRANTEBJ JANET RUWE, aD unmarried penon, ~ose address is 2935 N.
Eagle Road, ~ Idaho, 83642.
1í1er.dútn
WITNESSETH:
That the GRANTOR, for value received, does hereby convey, release, remise and
forever quitclaim unto GRANTEE, and to the heirs and ass.igns of the GRANTEE, all of the right, title,
and interest held by GRANTOR in and to that certain real proparty situated in the county of Ada, state
of Idaho, shown as PatceI D on Record of Survey No. 6418, Instrument No. 104016722, which is more
particularly described in Exhibit A attached heteto and incoIporated herein by this reference.
Together with the tenements, hereditaments, and appurtenances thereunto belonging or
appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits
thereof.
To have and hold said premises, together with the appurtenances, unto the GRANTEE,
and to Ibeheirs and assigns of GRANTEE, fOrever.
fA ~SS WHEREO~the GRANTOR has executed this conveyance as of the
~dayof 200 .
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STATE OF IDAHO)
ss.
County of ADA
On this ~day of ~ 200.1 before me, the undersigned, a Notary
Public in and for said State, personally ap¡i~ RUWE, an unmarried person, known to
me to be the persOll whose name is subscnòed to the forego]ng instrument and acknowledged to me
that she executed the same.
m WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
STATEOFlDAHO )
ss.
¿tiH.ßd£JI'd-u
¿;:Jéytary c for Idaho
Residing at ,&;.u.
Commission Expires: g' ';la/II'!
County of ADA
On this..tQ...day of ~ 200~ before me, the undersigned, a Notary
Public in and for said State, persOllal1yappeareã'GüGORY L. EAGY and CHANDRA J. EAGY,
husbaDd aad wife, known to me to be the persons whose names øro subscribed to the foregoing
instrument and acknowledged to me that they exec:uted the same.
m WITNESS WHEREOF, I have hereunto set my haod and affixed my official seal the
day and year in this certificate first above written.
tJ......-..
~Gß'Y~~~
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QUITCLAIM DEED
~ CIt ìWr
Notary lic for Idaho
Residing at ~
Commission Expires: 1- 2.1. l.t'>tfi
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Colleen Marks, LS. 7045 . 6405 UsUck Road' Boise, Idaho 83704
Phone: (208) 378-7703 . Fax: (2Ð8) 378-7759 . EmIli: marksls@Velocitus.net
PROPERTY DESCRIPTION
PARCEL "D"
A pan:el orland lying in the NE1I4 NE1/4 of Section 5, T.3N., R.1B., B.M., Ada County, Idaho, said parcel
being more particularly described as follows:
Commenoing at a found Brass Capmarkiug the NE.Comer of said Section 5, I.3N., RIE., BM., Ada County,
Idaho, said Brass Cap bears N.89°39'20"B. 2656.46 feet âom a set 518" iron pin marking the NII4 Corner of
said Section 5, said Brass Cap also beam N.OOOoo'oo"W. 2611.41 feet (formerly 261 1.50 feet) from a found
Brass Cap marking the £114 Comer of said Section 5; thence S,OO"OO'OO"B. 955.14 feet along the east
boundary of the saidNE1I4 NEI/4 of Section 5 to a point; thenceN.83°S4'OO"W. 63.41 feet to a set 5/8" iron
pin lying on the westerly right of wsy of State Highway 55 (Eagle Road), said pin also marlcing the REAL
POM OF BEGJNNING:
thence N.83°54'OO"W. 80.59 feet to a set 518" iron pin;
thenceN.64°11'00"W. 79.87 feet to a set 5/8" iron pin;
thence S.89°54'00"W. 200.00 feet to a set 5/8" iron pin;
thence N.79"O7'OO"W. ;J19.00 feet to a set 5/8" iron pin;
thence S.77°Q6'OO"W. 267.75 feet to a set 5/8" iron pin;
thence S.87°06'OO"W. 335.19 feet to a set 518" iron pin lying on the easterly boundary of Carol's Subdivision
No.2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, Idaho;
thence N.oo"IS' 11"W. 560.14 feet along the said easterly boundary of Carol's Subdivision No, 2 to a set 5/8"
iron pin;
thence S.71"28'10"£" 803.90 feet to a set 5/8" iron pin;
thence S.83"54'00"£. 510.21 feet to a set 518" iron pin lying on the said westerly right of way of State Highway
55 (Eagle Road);
SUBJECT TO AND/OR TOGETHER WITH:
Any easements or rights of way of record or in use,
PBA Ru.... Pan:eJ D.doc .1-
EXHffiIT B
See Attached Site PlanlPrelirninary Plat (2)
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October 8, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT FOLIO, Inc.
CUP 04-023
October 12, 2004
ITEM NO.
5-0
REQUEST Andings for Denial- Request for a CUP for a PD for mixed use developemnt consisting
of 120 multi family units, 28,660 sf commercial/office space & 3.43 acres of open space on 10.05
acres in a C-G zone for proposed Sadie Creek Subdivision - 2935 North Eagle Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See altac;hed Findings
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Date: ~ Phone:
0... . G staff Initials: ~
'arlals presented at pubIc meetfngs shall become property of Ibe city of Mertdlan.
Contacted:
Emailed:
'"
RECEIVED
OCT 0 8 2004
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
CW Of Men, . dian
~ ClMk Office
,
In the Matter of a Request for Preliminary Plat Approval of 30 Multi-Family Lots, 7
Commercial Lots and 6 Common/Other Lots on 10.05 Acres, and Detailed Conditional Use
Permit Approval of 120 Multi-Family Units and Conceptual Approval of 7 Commercial
Pad Sites in the C-G Zone for Sadie Creek Subdivision, by FOLIO, Inc.
Case No(s). PP-04-021, CUP-04-023
For the City Council Hearing Dates of: September 7, 2004 and September 21, 2004.
A. Findings of Fact
L Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the Planning & Zoning public hearing, the first publication appearing and written
notice mailed to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the property. The notice of public hearing
before the City Council was posted upon the property under consideration more
than one week before said hearing. All other noticing was done consistent with
Idaho Code §67-6509.
The matter was duly considered by the Planning and Zoning Commission at the
August 5, 2004 public hearing. The applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of
the City of Meridian were given full opportunity to express comments and submit
evidence.
b.
The matter was duly considered by the City Council at the September 7, 2004,
and September 21,2004 hearing(s). The applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of
the City of Meridian were given full opportunity to express comments and submit
evidence.
c.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
d.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation for denial of the Conditional Use Permit to the City
Council, and denied the requested Preliminary Plat. The applicant filed an appeal
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), PP.04-02I /CUP-04-023 - PAGE I of4
of the Planning and Zoning Commission's denial decision and the City Council
granted the applicant's appeal on September 7, 2004.
e.
The City Council heard and took oral and written testimony and duly considered
the evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11.17-5.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report, it is
hereby verified that the property owner(s) of record at the time of issuance of
these findings is Janet Ruwe. Janet Ruwe has provided notarized consent for
FOLIO, Inc. to submit these applications.
4. Required Findings per Zoning and Subdivision Ordinance
a. The City Council was unable to make the required findings of approval for the
subject Conditional Use Permit and Preliminary Plat.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code, and all current zoning maps thereof. The City of Meridian has, by ordinance,
established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
4. That the City has issued an order of Preliminary Plat and Conditional Use Permit denial
in accordance with this Decision, which shall be signed by the City Council, the
Mayor, and the City Clerk and then a copy served by the Clerk upon the applicant, the
Planning and Zoning Department, the Public Works Department and any affected party
requesting notice.
5. That this denial is subject to the Deed and Legal Description in Exhibit A, the
Preliminary Plat prepared on 5-12-04, and the Site Plan prepared on 5-10-04, revised on
7.22-04 and 8-03-04 and stamped revised on 8-03-04 as shown in Exhibit B.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).PP.O4-02l/CUP-O4-023 - PAGE2of4
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 12-3-3.1 and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Preliminary Plat prepared on 5-12-04 is hereby denied for the following
reasons:
a. The proposed roadways are not entirely within the boundaries of the property;
b. The required landscape buffer to the north is not being provided.
2. The applicant's Site Plan for the Conditional Use Permit prepared on 5-10-04, revised
on 7-22-04 and 8-03-04 stamped revised on 8-3-04 is hereby denied for the following
reasons:
a. There is inadequate buffering for transitional densities to the west;
b. Proposed traffic patterns; and,
c. The concerns regarding density and cut-through traffic expressed at the hearing
by nearby property owners.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Exhibits
Exhibit A: Deed and Legal Description (3)
Exhibit B:
Preliminary Plat/Site Plan (2)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-04-02I/ CUP-O4-023 - PAGE 3 of4
By action of the City Council at its regular meeting held on the
,2004.
day of
COUNCILMAN SHAUN WARDLE
VOTED-
COUNCILMAN BILL NARY
VOTED
COUNCILMAN CHARLIE ROUNTREE (ABSENT) VOTED-
COUNCILMAN KEITH BIRD
VOTED-
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED-
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).PP-04-02I1CUP-O4-023 - PAGE4of4
EXHIBIT A
See Attached Deed and Legal Description (3)
~ -ifrfiIT A (I)
This document is being fM8Corded to correct ao mOT in the legal description-the last
call was omitted.
-' --' -----,-..R~Z>------a-' ADA'COUNlYRBIOIIIIEII DAIIØ/fAVMIÌø
ADA COUNTY IIECOIIOER J. DAVID NAVARRO 8Ø. IDAHÐ :&& PM
BOISEIDAI\ J.øz¡z&IO4 U:U I'll OePUTY Bantd, lilt
=D£~n;e'øf 1IIInlll.-11II1111111II ::WO-"': Of ~
MmktllnUllVI!Ing 1rAí~ AMOU 9.fI0
AMOUNT 9.00 QUITCLAIM DEED
------...-
----
This indenture is made, as of the date set foJ1h bIllow, by and between JANET RUWE,
an nnmarried penon and qR.l;GORY L. EAGY and CHANDRA J.I!¡A,GY, husband and wife.
GRANTORS, and GRANrEBJ JANET RUWE, an unmarried person, tfwse address is 2935 N.
Eagle Road, ~ Idaho, 83642.
'1nuJi4.r)
WITNESSETH:
That the GRANTOR, for value received, does hereby convey, release, remise and
forever quitclaim unto GRANTEE, and to the heirs and assigøs of the GRANTEE, all of the right, title,
and interest held by GRANTOR in and to that certain real property situated in the county of Ada, state
of Idaho, shown as Parcel D on Record of Survey No. 6418, Instrument No. 1040 16722, which is more
particularly described in Exhibit A attached hereto and incOJporated herein by this reference.
Together with the tenements, hereditaments, and appurtenances thereunto belonging or
appertaining, aod the revel8ÍOD and reversions, remainder and remainders, rents, issues, and profits
thereof.
To have and hold said premises, together with the appurtenances, unto the GRANTEE,
and to the heirs and assigns of GRANTEE, forever.
fA. ~s WHBREOfthe GRANTOR has executed this conveyance as of the
dlIi... day of 200 .
Q
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~fl;v.,rr It £i) .--- - -----,
STATBOFIDAHO )
ss.
County of ADA
On this ~daY of ~ 200.!t before me, the undersigned, a Notary
Public in and for said State, person~T RUWE, an uomarried persoo, known to
me to be the peISon whose Dame is subscnòed to the foregoing instrument and acknowledged to me
that she executed the same.
IN WITNESS WHliREOF. I have hereunto set my hand and affixed my official seal the
day and year in this œrtiJicate first above written.
~~ Jjdkvd-u
¿;;ffytary for Idaho
Residing at ~;.u.
Commission Expires: g Qaloq
STATBOFIDAHO )
County of ADA )
Public in and ~~:s~:s~~ GBË~~ii t~~ :~ ~~:¡ ~~:~agy,
busbaad aad wife, imowD to me to be the peISons whose lIIUI1es are subscribed to the foregoing
instrument and acknowledged to me that they exeooted the same.
IN WITNESS WHEREOF. I have hereunto set my haod and affixed my official sea! the
day and year in this certificate first above written.
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QUITCLAIM DEED
ss-
~~Ær
Notary Ii' for Idaho
Rmiding at ~
CommissiODBxpires: 1- 2.1-1.Dtfi
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Colleen Marks, LS. 7045 . 6405 Ustlck Road. Boise, Idaho 83704
Phone: (208) 378-7703' Fax: (208) 378-7759 . Emall: markals@velocitus.net
PROPERTY DESCRIPTION
PARCEL "D"
A parcel ofland lying in the NE1I4 NE1I4 of Section 5, T.3N., R.IE., 8.M., Ada County, Idaho, said parcel
being more particularly described as follows:
Commencing eta found Brass Cap marlåDg tbeNE.Cornerofsaid Section 5, T.3N., R.IE" BM., Ada County,
Idaho, said Bnss Cap bears N.S9"39'20"B. 2656.46 feet ftom a set S/ff' iron pin marking the NII4 Comer of
said Section S, said Brass Cap also bears N.OOoOO'OO"W. 2611.41 feet (formerly 2611.S0 feet} from a found
Brass Cap marking the E1I4 Corner of said Section 5; thence S.OO"OO'OO".E. 9SS.14 feet along the east
boundary oftbe said NE1I4 NEII4 of Section S to a point; thence N.S3°S4'OO"W. 63.41 feet to a set 5/S" iron
pin lying on the westerly right of way of State Highway 55 (Eagle Road), said pin also marking the REAL
POINT OF BEGINNING:
thenae N.S3°54'oo"W. SO.59 feel to a set 5/S" iron pin;
thence N.64°1I'OO"W. 79.87 feet to a set 5/S" iron pin;
thence S.S9"54'OO"W. 200.00 feet to a set SIS" iron pin;
thence N.19"07'OO"W. 319.00 feet to aBet 518" iron pin;
thenceS.1r06'00"W. 267.15 feet to a set 518" iron pin;
thence S.SJOO6'OO"W. 335.19 feet to a set 518" iron pin lying on the easterly boundary of Carol's Subdivision
No.2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, Idaho;
thenceN.OO"15'lI"W. 560.14 feet along the said easterly boundary ofCam!'s Subdivision No.2 to a set 518"
iron pin;
thence S.7Io2S'lO"B. S03.90 feet to a set 5!P:' iron pin;
thence S.83"54'OO"B, 510.21 feet to a set 518" iron pin l)Iing on the said westerlyrigilt of way ofStete Highway
55 (EagleR.oad);
SUBJBCT TO AND/OR TOGETHER WITH:
Any easements or rights of way of record or in USe.
PBA Ruwe Parcel D.doc . -
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EXHffiIT B
See Attached Site Plan/Preliminary Plat (2)
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