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HomeMy WebLinkAboutApplication 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 Planning and Zoning Commission please submit your comments and recommendations to cityclerk@meridiancity.org To: Attention C.Jay Coles, City Clerk By: September 21, 2018 Cit y Clerk ’s Office 33 E. Broadwa y Avenue, Meridian, ID 83642 Phone 208-888-4433 Fax 208-888-4218  cityclerk@meridiancity.org www.m eridiancity.org Transmittal Date: August 20, 2018 File No: H-2018-0095 FP Hearing Date: September 25, 2018 REQUEST: A Final Plat consisting of 12 building lots and 1 common lot on 11.72 acres of land in a C-G zoning district for TM Creek Subdivision No. 4 By: SCS Brighton, LLC Location of Property or Project: SEC of W. Franklin Rd and S. Ten Mile Rd. Planning and Zoning Commission Meridian School District Tammy de Weerd, Mayor Meridian Post Office City Council Ada County Highway District Sanitary Services Ada County Development Services Building Department Central District Health Fire Department COMPASS Police Department Nampa Meridian Irrigation District City Attorney Settlers Irrigation District City Public Works Idaho Power Company City Planner Century Link Parks Department Intermountain Gas Co. Economic Development Idaho Transportation Department New York Irrigation District Ada County Associate Land Records Boise Project Board of Cont rol – Tim Paige Downtown Projects Community Development Meridian Development Corporation Valley Transit Historical Preservation Commission DEQ South of RR/SW Meridian NW Pipeline Boise-Kuna Irrigation District Hearing Date: September 25, 2018 File No.: H-2018-0095 Project Name: TM Creek Subdivision No. 4 Request: Final Plat consisting of 12 building lots and 1 common lot on 11.72 acres of land in a C- G zoning district, by SCS Brighton, LLC. Location: The site is located off the southeast corner of W. Franklin Rd. and S. Ten Mile Rd., in the NW ¼ of Section 14, Township 3N., Range 1W. E IDIA Planning Division D ELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: File number(s): Assigned Planner: 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 ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ® Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: SCS Brighton LLC Phone: (208)378-4000 Applicant address: 12601 W. Explorer Dr. #200 Email: City: Boise State: ID Zip: 83713 Applicant's interest in property: ® Own ❑ Rent ❑ Optioned ❑ Other Owner name: Owner address: City: Phone: Email: State: Zip: _ Agent/Contact name (e.g., architect, engineer, developer, representative): Kameron Nauahi Firm name: Brighton Development Inc. Phone: (208)830-3629 Agent address: 12601 W. Explorer Dr. #200 Email: knauahi@brightoncorp.com City: Boise Primary contact is: ❑ Applicant ❑ Owner ®Agent/Contact Subject Property Information State: ID Zip: 83713 Location/street address: SE Corner of Ten Mile and Franklin Township, range, section: 3N 1 W 14 Assessor's parcel number(s): S1214223376 S1214212560 S1214212457 S1214212720 Total acreage: 11.72 Zoning district: C_G Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridianci .or"lanning -1- (Rev. 06/12/2014) Project/subdivision name: Ten Mile Creek Subdivision No. 4 General description of proposed project/request: 12 commercial building lots, 1 common lot along Ten Mile Creek, public road, and private road, Franklin Rd street frontage improvements Proposed zoning district(s): No change to existing zoning Acres of each zone proposed: Type of use proposed (check all that apply): [Residential 0 Office RJ Commercial El Employment 5Industrial 13 Other Who will own & maintain the pressurized irrigation system in this development? Association or Assigns Which irrigation district does this property lie within? Nampa Meridian Irrigation District Primary irrigation source: Surface NMID Secondary: Well 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 common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s. f): Gross density (Per UDC 11-1A-1): Acreage of qualified open space: 4 or more bedrooms: Maximum building height: - Average property size (s.f.): Net density (Per UDC 11-1A-1): 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: 13 Single-family Detached (]]Single-family Attached (3Townhouse Duplex [3 Multi -family 5 Vertically Integrated E3 Other Non-residential Project Summary (if applicable) Number of building lots: 12 Common lots: 1 Other lots: Gross floor area proposed: TBD Hours of operation (days and hours): Code/DA Total number of parking spaces provided: TDB/Code Authorization Print applicant name: Kameron Nauahi Applicant signature: Existing (if applicable): None Building height: TBD-Code/DA Number of compact spaces provided: TBD Date: 8/10/18 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning -2- (Rev. 06112/2014) mat BRIGHTON CORPORATION August 13, 2018 Caleb Hood, Planning Manager Community Development Services Meridian City Hall Re: TM Creek Subdivision No. 4 Dear Caleb, Via Hand Delivery Enclosed is the final plat application for TM Creek Subdivision No. 4, the thirteen (13) lot fourth phase of the commercial project located at the southeast corner of Ten Mile Road / Franklin Road intersection. The Preliminary plat was approved by the City Council on March 18, 2014. Constructed in this phase of development will be both private and public roads, along with landscape improvements along the Ten Mile Creek in (1) common lot, and street frontage improvements along Franklin Rd. Statement of Conformance This final plat is in full conformance with (1) The uses and layout approved by the preliminary plat; (2) the use requirements and provisions of the UDC; and (3) acceptable engineering and surveying practices, and local standards. Applications / Development Agreement applicable to this application Annexation / Zoning Preliminary Plat Development Agreements AZ -13-015 PP -13-030 Instrument No. 114045759 Please let us know if you have questions, or require additional information. For SCS Brighton, LLC Kameron Nauahi Assistant Project Manager 12601 W. Explorer Drive Suite 200 Boise, Idaho 83713 www.brightoncorp.com p. 208-378-4000 f. 208-377-8962 6M 9233 WEST STATE STREET ( BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 19 April 20, 2018 Brighton Development, LLC Project No. 18-002 Legal Description Proposed TM Creek Subdivision No. 4 A parcel of land situated in a portion of the Northwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at a found brass cap monument marking the Northwest corner of said Section 14, which bears N89°09'27"W a distance of 2,657.99 feet from a found aluminum cap monument marking the North 1/4 corner of said Section 14, thence following the northerly line of said Northwest 1/4, S89°09'27"E a distance of 1,329.00 feet to a found aluminum cap monument marking the Northeast corner of the Northwest 1/4 of the Northwest 1/4 (West 1/16 corner) of said Section 14; Thence leaving said northerly line and following the easterly line of said Northwest 1/4 of the Northwest 1/4, S00°3431"W a distance of 71.01 feet to the southerly right-of-way line of West Franklin Road and being the POINT OF BEGINNING. Thence leaving said southerly right-of-way line and following said easterly line, S00'34'31"W a distance of 17.99 feet; Thence leaving said easterly line, S89°09'27"E a distance of 249.00 feet to a found 1/2 -inch rebar; Thence S00°34'31"W a distance of 735.72 feet; Thence S89°51'32"W a distance of 302.59 feet; Thence S00°33'41"W a distance of 34.80 feet to the proposed subdivision boundary of TM Creek Subdivision No. 3; Thence following said proposed subdivision boundary of TM Creek Subdivision No. 3 the following courses: 1. N89°26'19"W a distance of 75.50 feet; 2. N00°33'41"E a distance of 140.28 feet; 3. S89°28'20"W a distance of 227.67 feet; 4. 138.88 feet along the arc of a circular curve to the right, said curve having a radius of 170.00 feet, a delta angle of 46`48'25", a chord bearing of N67°07'28"W and a chord distance of 135.05 feet to a found 5/8 -inch rebar on the subdivision boundary of TM Creek Subdivision No. 2 (Book 112 of Plats at Pages 16,402 through 16,407, records of Ada County, Idaho); Thence leaving said proposed subdivision boundary and following said subdivision boundary of TM Creek Subdivision No. 2 the following courses: 1. N43°43'15"W a distance of 120.57 feet to a found 5/8 -inch rebar; 2. N46°33'36"E a distance of 134.78 feet to a found 5/8 -inch rebar; 3. N43°36'32"E a distance of 25.50 feet to a found 5/8 -inch rebar; 4. 13.96 feet along the arc of a circular curve to the right, said curve having a radius of 298.00 feet, a delta angle of 02°41'500, a chord bearing of N45'02'58"W and a chord distance of 13.95 feet to a found 5/8 -inch rebar; 5. N43*42'28"W a distance of 157.56 feet; ENGINEERS I SURVEYORS I PLANNERS 6. 95.74 feet along the arc of a circular curve to the right, said curve having a radius of 163.00 feet, a delta angle of 33°39'13", a chord bearing of N26°52'52"W and a chord distance of 94.37 feet to a found 5/8 -inch rebar; 7. S89°21'28"E a distance of 238.10 feet; 8. N00°33'41"E a distance of 206.23 feet to said southerly right-of-way line of West Franklin Road; Thence leaving said subdivision boundary of TM Creek Subdivision No. 2 and following said southerly right-of-way line the following courses: 1. S83'19'54"E a distance of 144.49 feet; 2. S89°06'53"E a distance of 158.24 feet; 3. N00°35'03"E a distance of 12.05 feet; 4. S89°09'27"E a distance of 75.09 feet to the POINT OF BEGINNING. Said parcel contains a total of 510,396 square feet (11.717 acres), more or less, and is subject to all existing easements and/or rights of way of record or implied. pt a12459 o OF V. • M PAGE 12 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 31.00 I BOISE IDAHO 12128/12 12:49 PM DEPUTY Gail Garratt III ItII1IIfII�II�IIIIIIIIIIfIIlllllll RECORDED -REQUEST OF 112137189 I When recorded, please return to: Brighton Investments SCS Brighton LLC 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 Attn. Legal 4 V'f �Ll( 1*4 0 legal kS4614i GENERAL WARRANTY DEED [Ten Mile Land (excluding Calnon)] FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, STEVEN C. SMITH, an individual, with an address of 2274 W. Clearvue Court, Eagle, Idaho 83616, as stated above, with an undivided fifty percent (50%) tenancy in common interest, and BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company, with an address of 2101 W. Clearvue Court, Eagle, Idaho 83616, with an undivided fifty percent (50%) tenancy in common interest (collectively "Grantor') do hereby grant, bargain, sell, and convey unto SCS BRIGHTON LLC, an Idaho limited liability company ("Grantee"), with the address above, all of Grantor's right, title and interest in that certain real property located in Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein ("Premises"). TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and Grantee's successors and assigns forever, together with all water and water rights, ditch or irrigation company shares, streets, alleys and rights of way adjacent thereto, all mineral rights appurtenant thereto, and all and singular tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title and interest in and to the Premises, as well in law as in equity. Grantor, for itself, its heirs and assigns, does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said Premises; that the Premises are free from all encumbrances; that Grantee, its heirs and assigns shall be entitled to the quiet and peaceable possession of said Premises; and that Grantor will warrant and defend the same forever from all lawful claims whatsoever. TO HAVE AND TO HOLD the Premises, with its appurtenances including, but not limited to, water rights, unto Grantee, and Grantee's successors and assigns forever. [end of text] GENERAL WARRANTY DEED - 1 IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this 4y Lr— day of December, 2012. STATE OF IDAHO ss. County of Ada GRANTOR: 5 � 74. -1 91- §tt-vtft, S LTH BRIGHTON INVESTMENTS, LLC, an Idaho ' ited li ility company, By: � i David W. Turnbull, Managing Member On this day of ^, 20O before me, a Notary Public in and for said State, personally appeared STEVEN C. SMITH, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. In witness whereof, I have hereunto set m and and affixed my official seal the day and year in this certificate first above written. AMANDA K. SCHAUS Notary Public f r NOTAR PUBLIC Residing at �r�� 113 STATE OF IDAHO My commission expires STATE OF IDAHO ) ss. County of Ada41 ) On this day of , 20-it2i before me, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the Managing Member of BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company, the limited liability company that executed the instrument or the person who executed said the within instrument on behalf of such limited liability company, and acknowledged to me that he executed the same in such limited liability company's name. In witness whereof, I have hereunto set my and and affixed my official seal the day and year in this certificate first above written. �._, �.�,.�=tom AMANDA I�. CJI eA�iS NOTARY FIUBLIC Notary Public for STATE OF IDAHO Residing at 611 tp My commission expires .1. !f. 17 GENERAL. WARRANTY DEED - 2 Legal Description An 100% interest in and to the Premises described in this Exhibit A (attached). GENERAL WARRANTY DEED - EXHIBIT A �Xqt r LEGAL DESCRIPTION of SW Corner of 10 Mile Road & Franklin Road Property 1110117 Part of the NW1/4NW1/4 of Section 14 Township 3 North, Range l West, Boise Meridian, da County, Idaho described as: BEGINNING at the intersection of the southerly right of way of Franklin Rd, and the easterly line of said NWl/4NW1/4, said intersection being S00°34'40"W 71.00 feet along said easterly line from the northeast corner of said NW1/4NW1/4 of Section 14, said northeast corner being S89009'50"E 1328.99 feet from the northwest corner of said Section 14; Thence along said east line ofNW1l4MVI/4 S00°34'40"W 1.257.75 feet to the southeast corner of said NW 1 /4NW 1/4; Thence along the south line of said NW1/4NW1/4 N89010141"W 371,69 feet to the centerline of the Kennedy Lateral thence along said centerline the following nine (9) courses, (1) N50°58'33'W 17.95 feet; Thence (2) N5301 1'09"W 198.60 feet; Thence (3) N61°20'57'W 85.70 feet to a point of curve; Thence (4) along said curve to the left 68.62 feet(Curve Data: Radius=69.99 feet, Delta -560I0' 13", chord bears N89°26'39"W 65.90 feet); Thence (5) S62°27'45"W 9130 feet to a point of curve-, Thence (6) along said curve to the ,right 107..70 feet(Curve Data: Radius=] 99.99 feet, Delta=30°51' 1'', chord bears S77°53'45"W 106.40 feet); Thence (7) N86'40'1 5"W 156.20 feet to a point of curve; thence (8) along said curve to the left 92,42 feet(Curve Data: Radius=199.99:feet, Delta=26°28'39", chord bears S80°05'03"W 91.60 feet); Thence (9) S66°50'21"W 186.46 feet to the intersection of the centerline of said of Kennedy Lateral and the easterly right of way of Ten Mile Rd.; Thence along said right of way the following thirteen (13) courses, (1) NO3°39'43'E 21.08 feet Thence (2) N86120'1 6"W 16.21 feet; Thence (3) N00°33'57"E 4.41 fleet; Thence (4) N10°47'13"E 92.31 feet; Thence (5) NO3°39'43"E 1.24.63 feet; Thence (6) N38°48'09"E 44.90 feet; Thence (7) NO3'3 1'50"E 66.88 feet; Thence (8) N49°26'20"W 47.72 feet to point of curve; Thence (9) along said curve to the left 19,84 feet(Curve Data: Radius -7272.00 feet, Delta --00'09'23", chord bears NO2°55'56"E 19.84 feet); Legal Description, Page I of 2 Thence (10) N89141'58"E 4.34, feet;. Thence (1,1) N00133'39"E 652,21 feet; Thence (12) N07°40'57"E 80.62 feet; Thence 03) N00°33'20"E 100.00 feet; 'Whence N45°09'55"E 23..06 feet to the southerly right of way of Franklin Rd.; Thence along said southerly right of way the following sixteen (16) courses, (1) S89°09'50"E 176.45 feet; Thence (2) S00°50' 10"W 10.00 feet; Thence (3) S89009'50"E 70.00 feet; Thence (4) N00°50' 10"E 10.00 feet; Thence (5) S89°09'50"E 44.37 feet;. Thence (6) N88°2215911E 9.64 feet; Thence (7) S00150110" W 7.41 feet; Thence (8) S89°09'50"E 61.72 feet; Thence (9) S84°35'06"E 113.53 feet; Thence (10) S88°42'44"E 128.76 feet; Thence (11) N84°21'17"E 94.58 feet; Thence (12) N87°36'21 "E 180.08 feet; Thence (1`3) S83°20'17"E 144.49 feet; Thence (14) 889°07116"E 158.24 feet; Thence (15) N00°34'40"E 12.05 feet; Thence (16) S89p09'50"E 75.00 feet to the point of BEGINNING. Parcel Contains 34,628 Acres more or less. Legal Description, Page 2 of 2 LEGAL DESCRIPTION FOR TM CROSSING TOWNSHIP 3 NORTH, RANGE 1 WEST, SECTION 14, B.M. ADA COUNTY, IDAHO Being a portion of the NW 1/4 of the SW 1/4, Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Northwest corner of the Southwest 1/4 of Section 14; thence along the north quarter line of said Southwest 1/4 S 89°11'32" E, a distance of 34.98 feet, to a point; to a point on the east right of way line of Ten Mile Road, point also being the Northwest property corner of parcel 51214325500, point also being the POINT OF BEGINNING. Thence leaving said east Ten Mile Road right of way line S 89°11'32" E, a distance of 2621.44 feet, to a point, also being a point on the north property line parcel 51214314807; Thence leaving said north property line S 00'34'54"W, a distance of 1345.61 feet, to a point; to a point, also being a point on the north right of way of Interstate 84; Thence along said right of way N 89°34'28" W, a distance of 503.21 feet, to a point; Thence along said right of way N 81°02'23" W, a distance of 26.89 feet, to a point, also being a point on the west corner of said parcel; Thence leaving said property corner along said right of way N 80658'41" W, a distance of 56.23 feet, to a point; Thence along said right of way N 8528'18" W, a distance of 668.19 feet, to a point; Thence along said right of way N 04°16'40" E, a distance of 25.03 feet, to a point; Thence along said right of way N 85°32'20" W, a distance of 110.00 feet, to a point; Thence along said right of way S 04°27'40" W, a distance of 15.00 feet, to a point; Thence along said right of way N 81°34'49" W, a distance of 422.74 feet, to a point; Thence along said right of way N 82°32'17" W, a distance of 579.12 feet, to a point; Thence along said right of way N 73°57'16" W, a distance of 103.91 feet, to a point; Thence along said right of way N 47°21'40" W, a distance of 168.01 feet, to a point, also being a point on the east right of way of Ten Mile Road; Thence along said right of way N 12004'04" W, a distance of 92.20 feet, to a point; Thence along said right of way N 01°29'59" W, a distance of 468.03 feet, to a point; Thence along said right of way N 89°28'12" W, a distance of 4.00 feet, to a point; Thence along said right of way N 0031'51" E, a distance of 372.24 feet, to a point; Thence along said right of way N 00°31'51" E, a distance of 84.53 feet, to a point, also being the POINT OF BEGINNING. Containing 75.52 acres, more or less. Basis of Bearing West section line of the NW % of Section 14 commencing at the Northwest corner of the Southwest 1/4 of Section 14; thence N 00°33'40" E, a distance of 2658.13 feet, to the northwest corner of section 14. 10 11 15 14 i� z �3 LLol Oe $ i SCALE: O ( 1°=400' POINT OF BEGINNING S69° 11' 32'E 34'96 S89` 11' 32'E 2621.473�' SO* 31' S1'W -7®I_._�.or l l 64.53' N I I I I I I I I I I I I n - PA. -- —P& Z+ - --PA— - - —PA I I I I I I I I I 1 i I I N89° 28' 1. W 400'-'�i - -pA- -- -pA ft 0 PA— -- —PA I - - I I I I I 1 I I I I I --PA— — — —P1L — —'—" P -I- — i P'L— —I— I PA i — i —— i — I PA PIL N12° 04' 04°WI A \ \ / Row _ RL r 1 N47° 21' 40°W 168.01' N73° 57- 16-W 103.91' N82° 32' 17'W 61°x'49 -W 422.74' 579.12' I 25.03 N85° 28' 18 V�' NBB° 34' 28 W 50321' y N85°32'20'W 668.19 N81° 0223 W 110.00' N80° 58' 41°W 26.89' S4° 2T 40V 56.23' 15.00' I i l �I 81 C M 15 14 22 23KELLER TM BRIGHTON �, ,SL ft CROSSING CORPORATION 137 2a"m A FMA After recording, please return to: Brighton Investments, LLC c/o Amanda K. Schaus, Esq. 12601 W Explorer Drive, Ste. 200 Boise, Idaho 83713 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 19.00 4 BOISE IDAHO 12/16/10 01:38PM DEPUTY Olson RECORDED -REQUEST OF FIRST AMERICAN TITLE AND 110118632 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED (this "Deed") is from Calnon Enterprises Limited Partnership, an Idaho limited partnership ("Grantor"), to Steven C. Smith, an individual and Brighton Investments, LLC, an Idaho limited liability company as tenants in common (collectively "Grantee"), whose. addresses are: 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. NOW THEREFORE for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby GRANTS, DELIVERS AND CONVEYS to Grantee all of the real property described on Exhibit "A" attached hereto together with all of Grantor's rights, title and interest in and to all improvements thereon and all rights, water rights, privileges, and hereditaments and appurtenances related or pertaining thereto (collectively, the "Property"). TO HAVE AND TO HOLD said Property with their.appu'rtehances unto said Grantee and ".•:the ,Grantee's successors and assigns forever. The: Grantbr__does.,hereby warranf,!to said Grantee, that the Grantor has not created or permitted. to',tie;,ieateci. any lien, charge or encumbrance against the Property, except current ,years ;taxes,, .levies,; and 'assessments and .the exceptions described in Exhibit "B" attached tiereto',.and"°m'ade'a apart hereof by this reference, and that Grantor will warrant and defer'd* the.s`ame foreuer from all lawful claims '-`Whatsoever. THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee and their respective successors, heirs, legal representatives, and assigns. SPECIAL WARRANTY DEED — Page 1 I After recording, please return to: Brighton Investments, LLC c/o Amanda K. Schaus, Esq. 12601 W Explorer Drive, Ste. 200 Boise, Idaho 83713 THIS SPECIAL WARRANTY Partnership, an Idaho limited Brighton Investments, LLC, (collectively "Grantee"), whose Idaho 83713. IR corded Electronically County Date a?,J.14'7D—_ Time Simplrme.com 800.460.5657 SPECIAL WARRANTY DEED DEED (this "Deed") is from Calnon Enterprises Limited partnership ("Grantor"), to Steven C. Smith, an individual and an Idaho limited liability company as tenants in common addresses are: 12601 W. Explorer Drive, Suite 200, Boise, NOW THEREFORE for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby GRANTS, DELIVERS AND CONVEYS to Grantee all of the real property described on Exhibit "A" attached hereto together with all of Grantor's rights, title and interest in and to all improvements thereon and all rights, water rights, privileges, and hereditaments and appurtenances related or pertaining thereto (collectively, the "Property"). TO HAVE AND TO HOLD said Property with their. appurtenances unto said Grantee and the Grantee's successors and assigns forever. The :Grantor does hereby warrant to said Grantee, that the Grantor has not created or permitted. to be created any lien, charge or encumbrance against the Property, except current years taxes, levies,- and assessments and the exceptions described in Exhibit "B" attached hereto,,and "made. a part hereof by this reference, and that Grantor will warrant and defend. the, same forever from all lawful claims whatsoever. THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee and their respective successors, heirs, legal representatives, and assigns. SPECIAL WARRANTY DEED — Page 1 EXECUTED TO BE EFFECTIVE AS OF THE /t;""DAY OF DECEMBER, 2010. CALNON ENTERPRISES LIMITED PARTNERSHIP, an Idaho limited partnership By: ,�('�-�-� a �✓ �-� %�,� Name: GeaJ j¢. k'bs ,,� State.of Idaho ) . .. : SS County of Ada ) On this iS day of December, in the year 2010, before me, Erin A. Dixon, a Notary Public in and for said State, personally appeared Kathleen Ann Kostka, known or identified to me to be the General Partner in the partnership of Calnon Enterprises Limited Partnership, a Limited Partnership, and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he/she1h executed the 'sameiri said partnership name. ` �, •. . ;P •., Public of Idaho �� .• •• �o �pTARr Residing at Meridian, Idaho ,,,, •,,, = Commission Expires: 03/31/2012 '.• PIU BLlC' •;_ O OF J9 P�O SPECIAL WARRANTY DEED - Page 2 EXHIBIT A REAL PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHEAST OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT NORTH QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 89037'56" WEST, 1,328.98 FEET ALONG THE NORTHERLY BOUNDARY OF SAID SECTION 14 TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE SOUTH 00006'37" WEST, 69.50 FEET ALONG THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE POINT OF BEGINNING: THENCE SOUTH 89037'56" EAST, 249.00 FEET ALONG A LINE PARALLEL TO THE NORTHERLY BOUNDARY OF SAID SECTION 14; THENCE SOUTH 00006'37" WEST, 635.21 FEET ALONG A LINE PARALLEL TO THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE NORTHERLY BOUNDARY OF THE TEN MILE STUB DRAIN; THENCE SOUTH 89023'03" WEST, 249.02 FEET ALONG THE NORTHERLY BOUNDARY OF THE TEN MILE STUB DRAIN TO THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE NORTH 00006'37" EAST, 639.49 FEET ALONG THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE POINT OF BEGINNING. AND: A PARCEL OF LAND SITUATED IN THE NORTHEAST OF THE NORTHWEST QUARTER OF, SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, -IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT NORTH QUARTER CORNER OF SAID SECTION' 14; THENCE r NORTH 89037'56" WEST, 1,328.98 FEET ALONG THE NORTHERLY. BOUNDARY OF SAID..SEGTION 14 TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE SOUTH 00006'37" WEST, 828.99 FEET ALONG THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHERLY BOUNDARY OF THE TEN MILE STUB DRAIN AND TO THE POINT OF BEGINNING: THENCE NORTH 89023'03" EAST, 249.02 FEET ALONG THE SOUTHERLY BOUNDARY OF THE TEN MILE STUB DRAIN; THENCE SOUTH 00006'37" WEST, 503.86 FEET ALONG A LINE PARALLEL TO THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE NORTH 89039'03" WEST, 249.00 FEET ALONG THE SOUTHERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE NORTH 00006'37" EAST, 499.67 FEET ALONG THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE POINT OF BEGINNING. APN: S-1214-21-2400 EXHIBIT A TO SPECIAL WARRANTY DEED EXHIBIT B PERMITTED EXCEPTIONS Liens, levies and assessments by Nampa & Meridian Irrigation District. Except mineral or water rights, claims or title to mineral or water. Rights, rights of way, reservations and exceptions in the patent recorded in Book 2 of Patents, Page 167. Easement, including terms and provisions contained therein: Recording Information: Book 92 of Deeds at Page 265 In Favor of: UNITED STATES OF AMERICA For: construction, operation and maintenance of Vaughan Lateral i Agreement upon the terms, conditions and provisions contained therein: Dated: May 1, .1940 Parties: Elton C. Clapp and Emily Clapp, Nellie J. Neitzel, Serafin Lopez De Vinaspre, Maude M. Goulding, Lowell Manchester Recorded: July 15, 1940 Instrument No.: Book 16 of Contracts & Agreement at Page 605 and 606 The effect of a map purporting to show the land and other property, filed Survey No. 8173, Instrument No. 107170235 of Record of Surveys. EXHIBIT B TO SPECIAL WARRANTY DEED STATE OF IDAHO ) COUNTY OF ADA ) I, AFFIDAVIT OF LEGAL INTEREST David W. Turnbull (name) Boise (city) being first duly sworn upon, oath, depose and say: 12601 W. Explorer Dr, Ste 200 (address) Idaho (state) That I am the record owner of the property described on the attached, and I grant my permission to: Kameron Nauahi 12601 W. Explorer Dr, Ste 200 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 13th day of August , 20 18 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. v (Nott, P blic for IIdaho) AMANDAY PUBLIC NOTARY PUBLIC Residing at: STATE OF IDAHO (5 My Commission Expires: 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org 0 500 1000 2000 3000 TKA !^DCCT! DLJ ACC /I I plmmmmmll� i ■ -AAF-4IAI-& -AMR Arr.4 ENGINEERS. SURVEYORS. PLANNER! 9233 WEST STATE STREET BOISE, IDAHO 83714 PHONE (208) 639-6939 FAX(208)639-6930 DATE: 7/30/18 PROJECT: 18-002 SHEET: 1 OF 1 TM CREEK SUBDIVISION No. 4 MERIDIAN, IDAHO VICINITY MAP Community Development Parcel Verification Date: B-13-18 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: TM Creek Subdivision No. 4 T/R/S: 3N 1W 14 Parcel Numbers: S1214212720 (0.686 Acres) - SCS Brighton LLC S1214212457 (0.167 Acres) - Nampa Meridian Irrigation District 51214212560 (3.631 Acres) - SCS Brighton LLC S1214223376 (8 Acres) - SCS Brighton LLC Address Verification Rev: 04/23/12 Cl) v LL N w m Ob N30NIl S .:': ., w r o m u !R o S!2— mu p O �a o w w _ �u j LL �'` '"%" ..Y �, .y` 2 W O o 'ow�ci I- Z c az5 o a FE i- z WW U) w of z o d' W W y.,� .«•+ ,r. 0!131111 N31 Sy H _ ^Z Q. ;Ir mai W U � w o p S w a E `x�4 Q w5qu<�< K p�� O m�muci Q UN¢ w Pu wZN (9 Oz z �pOKtiOU Oo W W � Z I�t z Cd J NNN ONN�Fm 0 x of>zpzw az z 00 & F Oz€S wm 60Z�-oaAzi¢as4zd�s>Hs��o x3 a /MWH ¢M�12U a�wO zZ ou w a 0 5� o hof ooh N� a z Q o�ooW U) W O N oo z A°oow H�aRF o Q WF } W mso ory�mya$za < G U I- N $ o�ot3F�zozsf a �-`, W z f-- mo. 2. 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Broadway Ave., Suite 210 Meridian, Idaho 83642 RE: TM Creek Subdivision No. 4 Meridian, ID To Whom It May Concern: 208.639.6939 1 FAX 208.639.6930 Please accept this letter as certification that the centerline elevations of the proposed streets within TM Creek Subdivision No. 4 are designed a minimum of three (3) feet above the seasonal high ground water elevation as stated in the Geotechnical Report dated July 10, 2017, prepared by Materials Testing & Inspection and the Final 2017 Groundwater Monitor Report dated October 15, 2017, prepared by Natural Resource Solutions, LLC. Please feel free to contact me at 208.639.6939 should you have questions or require any additional information. Sincerely, KM E gineering, LLP 1�� 4 Kevin McCarthy, P.E. Principal Engineer ENGINEERS I SURVEYORS I PLANNERS www.l<mengllp.com mea •y O O 0 me LL j 30 3� Z Loi �0z0. 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