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City Clerk ChecklistProject Name: CITY CLERK FILE CHECKLIST' lamaca Me Tan Contact Name: Darren Blaser Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑X Transmittals to agencies and others: File No. Phone: CUP 07-001 January 16, 2007 Hearing Date: February 15, 2007 January 17, 2007 ❑X Notice to newspaper with publish dates: 29-Jan-07 and 12-Feb-07 ❑ Certifieds to property owners: ❑ Planning and Zoning Commission Recommendation: 'Approve ❑ Deny City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: Hearing Date: and ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: 0n RQS, G1 .Ok ❑ Approved by Council City Ergirreer C.,er ,yAW City AGorrev Copies Disbursed: PFW ❑ Findings Recorded oeNy c� Cop/Res, Ong,n Cert- �C°,ftY(cP�) Development Agreement: Appha tnmCPM) R.c.ro.00,dW, ..: ^ yc0 cw.esm. utycWn� C-. Sent for signatures: SLYe Tex Comm aseesso Sae aStAn ❑ Signed by all parties: Codm. smn� cadiners city n —y city En9reer city Pt- ❑ Approved by Council: Projecl fiW ^�°°~'°'�°"' oeP�ty cWrk ❑ Recorded: FWdnp. / """�°° nypec.rt C;� copes ro: Project fib ❑ Copies Disbursed: Otypi'"�` cib Pl- Ordinance No. Resolution No. City A to •• R«ad V.e.tlon FMrdnp. •• Rww"d Dwaop^t fie' Approved by Council: p9r Fireprcol F,W MesWpopee� Project fiW ❑ Recorded: Deadline: 10 days City Er Cty Pi- ❑ Published in newspaper: cry naomey Dq " CW` ❑ Copies Disbursed: Notes: (:I 1'Y OF R11 - TRANSMITTALS TO AGENCIES FOR COMMENTS ON �eYl�icn PROJECTS WITH THE CITY OF MERIDIAN w, DEVELOPMENT IDAHO To insure that your comments and recommendations will be considered by { �� TREASURE V N�'Y 1903 the Meridian Planning and Zoning Commission please submit your MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: February 8, 2007 Transmittal Date: January 17, 2007 File No.: CUP 07-001 Hearing Date: February 15, 2007 Request: Public Hearing - Conditional Use Permit for an 11,000 sq ft multi -tenant building on .75 acres in a C-G zone for Jamaca Me Tan By: Darren Blaser Location of Property or Project: North of East Fairview Ave and West of Hickory Ave in Lot 3, Block 1 of Mallane Subdivision Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary SerVlceS(No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Meridian Development Corp. Historical Preservation Comm. CITY FALL 33 EAST IDAHo AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper Hearing Date: February 15, 2007 File No.: CUP-07-001 Project Name: Jamaca Me Tan Request: Conditional Use Permit for an 11,000 square foot multi -tenant retail building on .75 acres in a C-G zone, by Darren Blaser. Location: Lot 3, Block 1, Mallane Subdivision, near the north west corner of the intersection of East Fairview Avenue and Hickory Avenue, Parcel #R5446410036, in Section 5, Township 3 North, Range 1 East. 6A'r-V;e?,VV L')) 0 f o o� .CCET- JAN 1 b 2007 City of Meridian. City Clerk Office Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment STAFF USE ONLY: ❑ Comprehensive Plan Text Amendment File number(s): Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Design Review Project name: ❑ Final Plat ❑ Final Plat Modification Date filed: ate complete: Z ❑ Planned Unit Development Assigned Planner: ❑ Preliminary Plat p ❑ Private Street Related files: ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment Hearing date`. 0 Commission ❑ Council ❑ Vacation (Council) ❑ Variance ❑ Other Applicant Information Applicant name: lam` �'' �✓��'` Phone: Z�3 Applicant address: [ i Zip: Y 3 ` / 6 Applicant's interest in property: 'Own ❑ Rent ❑ Optioned ❑ Other Owner name: Owner address: Agent name (e.g., architect, engineer, developer, representative): Firm name: C �1 Address: Primary contact is: j Applicant ❑ Owner ❑ Agent ❑ Other Contact name: ` E-mail: Subject Property Information Location/street address: Assessor's parcel number(s): _ Township, range, section: Current land use: AW Phone: -7:2 Phone: 6 Fax: r Total acreage: "Ae— i Current zoning district: C, 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org X Project Description Project/subdivision name: General description of proposed project/request: Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? �, - Which irrigation district does this property lie within? Primary irrigation source: Cf4 Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: 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 land): _ Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: 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) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: L Other lots: CU Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): / Building height: �-- Percentage of site/project devoted�p the following: Landscaping: Building: Paving: I l/ Total number of employees:__ Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Print applicant name: A licant signature• Seating capacity: Number of compact spaces provided: ,- _ Date: PP - 660 E. Wate er Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 9121106) STATE OF IDAHO COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST (name) (addr r (city) (state) p being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. 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). 4 �� �� Dated this day of 20 (Signature) SUBSCRIBED AND SWORN to before me the day and year first ove written. ���......,.t • ; (Notary Public for Idaho) p�'• 'P • � I A • �, ` • Y//V/ craft Residing at: - �� S' �i'.LO ' My Commission Expires: ` AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, _ 'Cc+J , ia. 5 g n e) (addr s) (city) (state) being first duly sworn upon, oath, depose and say: I. That I am the record owner of the property described on the attached, and I grant my permission to: t , , / Z'3c� � r f ►�i mac,-F��� s� �(, -t��.���.;-��,�, ����/ (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 9 day of N '-� v--e 20 o b SUBSCRIBED AND SWORN to before me the day and year first above written. �) 1 otary Public for Idaho) �.• Pt1 �..«••. �� •�� Residing at: ��G=�•t�OTAR1- ��s My Commission Expires: �— aZy 1 D ,��'•�, TF 0F tO.�••. COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicant/agent signature Date Applicant(s): --Ugmeef/AtchitectJPla�vet: Staff- Proposed Developn;,Mt: _MILL-n TOVE}t4- REM- -Required Applications:— M isting Zonitig. , Proposed Zoning: 'Cotnprehetzsive Plan Designation: AM,,,, ,;n r ,, L F'o�ts ]'ropetty Size: Number of Units: Dcvellig n Type: ye:p Water: Pressurized htt gation: .Street Buffets: Open Space & Micropaths: Landscape PIau: Lot Size & Frontage: Topogtaphq: Hpcitology: Street System: Pathway System: •D-the:rA� atims > ❑ Annexation Rezone Conditional Use petmit ❑ VAtiance ❑ Lot LiueAdjustment 0 Comprehensive Plan Amendment . ApplzcatioA Claecast Review `Oth-�tAgencies to Contact Ad i ' nal Pte-.applicatio-u Cot fetence: Not recotutnended Reco mtnended Requited A'Uticipated Slxbmission Date: - A-u!jcipated Planzd-ug & zoning Date: .Additional Notes:. 41 sL one /U 5 7WQ &--4h -Atv 4,5" t - � Thei rmcrcionProvide srringihirmeetingir�erirr�o>��rrre; �tCi pofCllericlia Zoning N S'ir&c7ivuian Ordz Hance and a licable Co reheruzvel'lan aru.(zs vali_dfor3 momhr 49,rrrbrepie chaizgertathe 2anina orSzzbclivirzon-Ordiiiczilce orCoitreheriszve p1 - • - - - __' _ : .. an�ay�c�yorzra�lzca�ion_ - - - _- ---=- - � - - - todpuuld + a3ztna rv3adba I I 10e114yV! 'A"g tilme s ( LL ONI 1332i1S 113213A3 :aO3w Oaims lIV13a M3N v �_--- - I ADA Cr RECORDER J. DAVID NAVARRO AMOUNT 6.00 2 BOISE i..r 09/11/06 12:50 PM DEPUTY D—RE UE I�I �'II'I'�IIIIII'lllllll'I"II IfI'll RECORDED —REQUEST OF Alliance Title 106145925 QUITCLAIM DEED FOR VALUE RECEIVED, M & L Limited Partnership, an Idaho limited partnership do(es) hereby convey, release, remise and forever quitclaim unto M & L Limited Partnership, an Idaho limited partnership whose current address is: 483 W. Oakhampton, Eagle, Idaho 83616 the following described premises: Sec Exhibit "A" TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. Dated: September 8, 2006 M & L Limited Partnership, an Idaho limited partnership BAca�u ` .r✓ uisJ.Mallane, State of Idaho } )ss. County of du ) On this/ da of _ in the year 461 6 , before me, a Notary Public in and for said state, personally appeared Louis J. Malane, known or identified to me to be the partner(s) that executed the foregoing instrument, and acknowledged to me that he executed the same in said Partnership name. IN WITNESS WHEREOF, I have hereunto set my hard and affixed my official seal the day and year in this certificate first above written. �� �Ry Notary Public for the State of Idaho C �� }, `V S p i Z Residing at: % Comrnission Expires: ?-3 C;1 ®v : IIVI'\V VV rf\1 —I VIM.. _ E11\V Vn _ r1M1\ 1 MBr, 4-di (with Earnest Money Pro,,ision) THIS CONTRA( VTROLS THE TERMS OF SALE OF THE PROPERTY. READ CARER EFORE SIGNING: IF ANY QUESTION, CONSULT YOUR ATTORNEY. Idaho (hereinafter called "buyer") agrees to purchase, and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "premises" located in �'i'4 f I{JIA„,) ,Co ntyof �1�4 State of Idaho, commonly tknown s � L- !Y�.G�\f.— legally described as: i-) r `� '' �-" , '�!G --Y• I -;; �- ,YJA hi ,]v�na::fIVJ1(UtJ f{� }f)uWAl IN 50oK. Y T t• jA } o,J n;Ic. ) •7 ,,`3I i,,Nr� k SS6j i.e_4.,cAi 4 Ad,A I.La,..,r+. T<ivnro (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker to insert over his signature the correct legal description of the premises if unavailable at the time of signing, or to correct the legal description previously entered if erroneous or t!p-complete.) II 1.TOTAL PURCHASEPRICE IS '' JU ljtilJ 1_CJJP il,)-dr( g.- 46 CA,)c." AJO tP�J!r DOLLARS ($y/ WL) '— ) payable as follows: A. Earnest Money. �� (a) Buyer hereby deposits and a receipt is hereby acknowledged of FI V*_ V-L7�� +� ,.X . '/` 'Dollars ($ 5L UQU ?� ) evidenced by: O Cash, )C1 Personal Check, O Cashiers Check, ❑ Note Due, or cv,4_0, 1.0 D O I` paid or delivered as earnest money in part payment of the purchase price for the premises. (b) Earnest Money to be deposited in trust account upon acceptance by all parties. (c) All Earnest Money shall b held by for the benefit of the parties hereto, and ,7� (BrIker) shall hold the completely,executed broker's copx of is agreement. B. Balance o({purchese price to be paid as follows: A �A It- ti # Ir N4Q. G + (! u IC(talr oAA p!M'tr+J -An. 1J+)t C 2. Buyer's offer is made subject to the acceptance of Seller on or before 12:00 o'clock midnight of O If Seller does not accept this agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. 3. Title of Seller is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by Seller may be paid out of purchase money at date of closing. Any liens, encumbrances or defects which are to be discharged or assumed by Buyer or to which title is taken subject to (not otherwise set forth above) are: 4. The Seller shall, within a reasonable time after closing, furnish to the Buyer a title insurance policy in the amount of the purchase price of the premises from a title insurance company showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set out in this agreement to be discharged or assumed by the Buyer. Prior to closing the transaction, the Seiler shall furnish to the B"r elimin ry report r mmitment made by a title insurance company showing the condition of the title to said premises. The parties agree that '�1 �i 'r*✓ L� t t, I" Title Company shall provide said title policy and preliminary report or commitment. It is agreed that if the title to said premises is not marketable, or cannot be made so within thirty (30) days after notice containing a written statement of defects is delivered or mailed to the Seiler, or If the Seller, having approved said sale fails to consummate the same as herein agreed, such failure shall constitute a default and the Earnest Money shall be returned to the Buyer and Seller shall pay for the cost of title insurance, escrow and legal fees, if any. Buyer's acceptance of the Earnest Money does not constitute a waiver of other remedies available. 1 I - 5.It is hereby agreed that the "closing agent" for this agreement shall be r. k, I���" 1 _ L �V is the broker r sponsible for the closing. Where not otherwise provided by law, the parties shall each pay one-half of said closing agent's lees. The closing date shall be CIv1 '`"'•� rn{r ✓ t (.I I"- A f 5. On or before the closing date, Buyer and Seller shall deposit with the closing agent all funr and instruments necessary to complete the sale. `a"' PkA I 7. Seller shall deliver possession to Buyer on or before n \"� �'�- '' C r1 and taxes and water assessments (using the last available assessment as a aesigg), rend surance p�e� `ums:�r�terint and reser s on liens, to��g pr obl' a'! ons assumed or taken subject to, and utilities shall be prorated as of GA+e S f v c L o Y/IZ?pe�,i+ except as follows: Buyer shall pay for fuel in fuel tank, the amount to be determined by the supplier at Seller's expense. S. The parti s agree that this agreement s� ptains the following additional terms and conditions: �- t^e- WVt LOW r�Lts (t d �f b•e yogIc 37O/ J"t�' / �� S � �2 C_ 9. The following items of property now on the premises are specifically excluded from the sale: The following items of personal property are specifically included In the sale: A'Al 10.IMPORTANT: THE REVERSE OF THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS WHICH ALSO CONSTITUTE PART OF THE AGREEMENT. Each of the parties acknowledges reading this agreement in full. Listing Agency: Selling Agency: BUY R �- r /'G.. • WI Q AI% R C k.) (3 1A / FA er(•H, Aea..L ,. (7 (j / R{ry BUYER 4 U i1 (r J IG R !7 (� `. Bvyr 1 M On this date, , I / We hereby approve and accept the sale set forth in the above agreement and agree to carry out all the terms thereof on the part of the Seller, and the undersigned Seller further agrees to pay a commission of of selling price or DOLLARS( ) to the above named brokers) for services, I / We rher acknowledge re eipt of a true c py of this agreement with the complete legal description of the premises inserted and signed .)by both parties. SELLER ( SOSI/D AtlW.r. SELLE S.ro.rY Pl,on. A true copy of the foregoing agreement, signed by the Seiler and containing the full and complete legal description of the premises, is hereby re- ceived on this day of 19 STATE OF IDAHO 55 r,ounty of ) Un this day of 19_ , before me, the undersigned, a Notary Public in and f appeared or said State, personally known to me to be the person(s) who signed the foregoing instrument as Seiler and acknowledged to me that _he_ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seai the day and year first above written. BUYER'S RECEIPT Notary Public rut Idaho Resid!Bg Bf RADIUS NOTICE REPORT 16-Jan-2007 Owners FILE NAME: jamaca Owner Address A & H INVESTMENTS LLC 1119 N EAGLE RD EAGLE, ID 83616-0000 Property Address: jamaca A & H INVESTMENTS LLC 1119 N EAGLE RD EAGLE, ID 83616-0000 Property Address: jamaca BLASER DARREN G 1955 N PRESTWICK WAY BLASER KIMBERLY K EAGLE, ID 83616-6698 Property Address: jamaca BUCKNER-WEBB CHERIE 2304 W BELLA ST WEBB HENRY BOISE, ID 83702-0000 Property Address: jamaca CORTABITARTE JACK G 3115 CRESCENT RIM DR CORTABITARTE ISAAC F BOISE, ID 83706-2854 Property Address: jamaca D L EVANS BANK PO BOX 1188 BURLEY, ID 83318-0000 Property Address: jamaca FISCHER DAVID J 2543 E GRAPEWOOD DR FISCHER KIMBERLY R MERIDIAN, ID 83646-7335 Property Address: jamaca HILL DALE W & 2561 W GRAPEWOOD DR HILL SHIRLEY A MERIDIAN, ID 83642-0000 Property Address: jamaca IDAHO TRUST BANCORP 300 W MAIN ST BOISE, ID 83702-0000 Property Address: jamaca 1 Owners Owner Address INDIAN COVE LLC 1291 W NEWFIELD DR EAGLE, ID 83616-0000 Property Address: jamaca LOUIE'S PIZZA & ITALIAN RESTURANT INC PO BOX 1614 BOISE, ID 83702-0000 Property Address: jamaca M & L LIMITED PARTNERSHIP 483 W OAKHAMPTON DR EAGLE, ID 83616-0000 Property Address: jamaca MCDONALD DAVID J & 2579 E GRAPEWOOD DR MCDONALD ANGELA D MERIDIAN, ID 83646-7335 Property Address: jamaca MEYER DENNIS E 2487 E GRAPEWOOD DR MEYER JUDITH E MERIDIAN, ID 83646-7334 Property Address: jamaca MURPHY JOS14UA D 2465 E GRAPEWOOD DR WHITELEY MENDI K MERIDIAN, ID 83646-7334 Property Address: jamaca TECO ONE LLC 1500 ELDORADO ST STE 4 BOISE, ID 83704-0000 Property Address: jamaca WISMAN KATHLEEN A 2529 E GRAPEWOOD DR MERIDIAN, ID 83646-7335 Property Address: jamaca 2 97021,)6 A PL*mr Company PIONEER TITLE COMPANY OFADA COUNTY aho 83 ,§7 mom t (� � t 2 2l 8l51 W. Rifleman Ave /Boise, hfaho 83704 / (208) 7.l1_171t1111h 1 WARRANTY DEED — I (CORPORATE FOR.Mi I CAPITAL CHRISTIAN CENTER. AN IDAHO CORPORATION. WHO ACQUIRED TITLE AS CAPITOL CHRISTIAN' CENTER, INC. , AN IDAHO CORPORATION organized and existing under the laws of the Store of Idaho, with its principal office at ` corporation of County of ADA State of Idaho. grantor. hereby CONVEYS or GRANTS and WARRANTS TO H AND L LIMITED FARTNERSHIP. Are ID.aHO PARTNERSHIP Of P.O. BOX 1614, BOISE. ID 83701 grantor IOtiCC[ TEN AIM OTHER VALUABLE CONSIDERATION ------------------------------- for the sum of the foLowing descn')ed tract(s) of land in ADA DOLLARS, County, State of Idaho: SEE ATTACHED EXHIBIT 'A" WHICH BY THIS REFERENCE IS INCORPORATED HEREIN AND MADE A PART OF. 1-ocation of above described property 1,KA FAIRVT_EW AVEMIF _ House No. Street The officerswho sign this deed hereby certify that this deed and the transfer reprercnted thereby was duly authorized under a resolutivE duly adopted by the board of directors of the grantor at a lawfu) meting duly held and amended by a quorum. In witness whereof, the grantorhai caused its corporate name and seal to be hereunto affixed by its duly authorized officers this 18 day of Marcit , A.D. 1997 CAPFTDL CHRTSTIAV CENTER (CORPORATE -NAME) Fly: .l�4, _ PRESIDENT Attest; SECRETARY STATE OF IDA_ O County of ADA_ ss. ts,.N.. rr r4q�� On this _ 18_ __day of o,Harc/h� in the year of 1` �E UNDERSIGNE_ D sonally appeared a notary public, per_ knoxnoridrntifiedtoatetolxtheperson who executedtbt:iWu sent on behalf Baia corporm ion, and acknowl edged 10 me that such oorporation executed the same. c Y VgL�C Notary Pubh�NrF Residing at: "'' My Commission Expires: 5-5--!19 File Number: P152816 EXHIBIT A A PORTION OF LAND LOCATED IN THE SOUTH 112 OF THE SOUTHEAST 114 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, ADA COUNTY, IDAHO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5, FROM WHICH THE SOUTH 114 OF SAID SAID SECTION 5 BEARS NORTH 89 DEGREES 48'53' WEST 2644.18 FEET; THENCE NORTH 89 DEGREES 48'53' WEST ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SECTION 5, A DISTANCE OF 1735.02 FEET; THENCE LEAVING SAID BOUNDARY LINE NORTH 00 DEGREES 24'45' EAST, 46.9D FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST FAIRVIEW AVENUE; THENCE NORTH 89 DEGREES 35'15' WEST ALONG SAID RIGHT-OF-WAY LINE, 248.01 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 35'15' WEST ALONG SAID RIGHT-OF-WAY LINE, 651.11 FEET, THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 00 DEGREES 27'36' EAST, 393.51 FEET; THENCE NORTH 43 DEGREES 21'38' EAST, 257.68 FEET TO THE POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF NORTH HICKORY WAY; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FOUR CALLS. SOUTH 76 DEGREES 04'35- EAST, 107.02 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 37 DEGREES 21'42- , A RADIUS OF 370.00 FEET AND A CHORD LENGTH OF 237.02 FEET WHICH BEARS SOUTH 57 DEGREES 26144' EAST; THENCE ALONG SAID CURVE 241.27 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 38 DEGREES 45'53' EAST, 192.86 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 21 DEGREES 10'55', A RADIUS OF 210.00 FEET AND A CHORD LENGTH OF 77.20 FEET WHICH BEARS SOUTH 49 DEGREES 21'20' EAST; THENCE ALONG SAID CURVE 77.63 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 00 DEGREES 29'33' WEST, 231.74 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION EXHIBIT "A" Legal Description Parcel t A parcel located in the SW '/4 of the SE 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and also being part of Lot 3, Block 1 of Mallane Subdivision, as shown in Book 87 of Plats on Pages 9881 through 9883, records of Ada County, Idaho, and more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the southwest corner of said Lot 3 from which a 1/2 inch diameter iron pin marking the southeast corner of Lot 2, Block 1 of said Mallane Subdivision bears S 89033'52" E a distance of 373.93 feet; Thence N 0c28'03" E along the westerly boundary of said Lot 3 a distance of 252.95 feet to a'/2 inch diameter iron pin marking the northwest corner of said Lot 3; Thence S 89034'20" E along the northerly boundary of said Lot 3 a distance of 129.16 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary S 0c28'04" W a distance of 252.97 feet to a 5/8 inch diameter iron pin on the southerly boundary of said Lot 3; Thence N 89033'52" W along the southerly boundary of said Lot 3 a distance of 129.16 feet to the POINT OF BEGINNING. This parcel contains 0.75 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC July 20, 2005 and $-'eYing and Conlulting Mallane Subdivision LLA Job # 05-46 'n O m a. ma Lu2 vn O ?CZ G O oy w1 Lrl .a _ X ti w r r Lfl LJl / l O Ul O U3 O O E O o o O a In m l � -3 I _ m o � D � y SOD v-4- -mrn 0 n y mm m N D w ?own F3 cf) 0 m "1 Z n 4 O N 4 Z Z O PO L�J Now CITY OF 0�U05nd14-4-11 1 33 E. Idaho Ave. y Meridian, ID 83642 cF NrFR th` TREASURE V NI�Y SINCE 1903 Date26 Applicant U Address Phone SH CHECK NA �(O�N CHECK IFDIFFERENTTHAN APPLICANT/ 4y#J7 /J 7 2 .7 G V2 ' DESCRIPTION AMOUNT i i i / '2' o a e5 .�— Ali �Ll--6o �� Ao� ADA COUNTY RECORr I. DAVID NAVARRO AMOUNT 6.00 2 T BOISE IDAHO 09/11106-vt;50 PM DEPUTY Vicki Allen �II f'II'�I�II'�I��I�IIIII'II'lll'�'ll RECORDED -REQUEST OF Alliance Title 106145925 QUITCLAIM DEED FOR VALUE RECEIVED, M & L Limited Partnership, an Idaho limited partnership do(es) hereby convey, release, remise and forever quitclaim unto M & L Limited Partnership, an Idaho limited partnership whose current address is: 483 W. Oakhampton, Eagle, Idaho 83616 the following described premises: Sec Exhibit "A" TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. Dated: September 8, 2006 M & L Limited Partnership, an Idaho limited partnership f B ZJ. uis Mallane, lit State of Idaho County of du } ss.} On this// day of 4f5� --, in the year 7-F�9* , before me, a Notary Public in and for said state, personally appeared Louis J. Malane, known or identified to me to be the partner(s) that executed the foregoing instrument, and acknowledged to me that he executed the same in said Partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ��•to Ry '•0 Notary Public for the State of Idaho Residing at: 4 2 �•� �G = C Conunission Expires: 3 —i U s V •- Ve •��i��S�t1 ` F, 0 ••e e REAL E5TATE PURUHA5E ANU 5ALt AUKLtMtN t Rev. 4.83 (with Earnest Money Provision) THIS CONTRACT CONTROLS THE TERM: SALE OF THE PROPERTY. READ CAREFULLY BEFOREVNING: IF ANY QUESTION, CONSULT YOUR ATTORNEY. Idaho — (hereinafter called "Buyer") agrees to purchase, and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "premises" located in Co ntyof— Cri�a rf State of Idaho, commonly known as 1' t.`.• r =�� l'vu : 5 ,+ `rr �\) t 5tv w y legally dgescribedas: €.: F/L �v Gi irYaf(Jt., S'ui.�fJ + Tti L7.:iv,Y�. 4� T• (�'!."t+ r.:' .,,J '? n.;/E II > `? `' 1 � v�r,: v L� `i k'�5 �.rrl1 a 1- Aq,r, L. (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker to insert over his signature the correct legal description of the premises if unavailable at the time of signing, or to correct the legal description previously entered if erroneous or iicomplete.) 1.TOTAL PURCHASE PRICE IS_r¢ J(� QtyJ ('G �F' +-�u�CI7�,` d 1a f a�4✓}r✓�� ;L/Uc.N.� DOLLARS ($ 3��/� ) payable as follows: A. Earnest Money. 1 "� (a) Buyer hereby deposits and a receipt is hereby acknowledged of !fit ` t! �`�u . i `� f''_Dollars ($ evidenced by: O Cash, )� Personal Check, E] Cashiers Check, ❑ Note Due, or c \PA- '�. Q/ -0 t 3-7 paid or delivered as earnest money in part payment of the purchase price for the premises. (b) Earnest Money to be deposited in trust account upon acceptance by all parties. (c) All Earnest Money shall,b,e held by and B. Balance of purchase price to be paid as follows IytL_,r,(, o, Af6ri) T J DQ1 for the benefit of the parties hereto, _ (Broker) shall hold the completely executed broker's cop ofpis agreement. A 1 I✓ t�' >+� ;•� L L e. f) IAtl ;L.e, C w + l_/ �G _ j- 2.Buyer's offer is made subject to the acceptance of Seller on or before 12:00 o'clock midnight of tz' - 1 U''' If Seller does not accept this agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. 3. Title of Seller is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by Seller may be paid out of purchase money at date of closing. Any liens, encumbrances or defects which are to be discharged or assumed by Buyer or to which title is taken subject to (not otherwise set forth above) are: 4. The Seller shall, within a reasonable time after closing, furnish to the Buyer a title insurance policy in the amount of the purchase price of the premises from a title insurance company showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set out in this agreement to be discharged or assumed by the Buyer. Prior to closing the transaction, the Seller shall furnish to the Bt �r�alp7elimiinpry report gr 0mmitment made by a title insurance company showingthe condition of the title to said premises. The parties agree that Title Company shall provide said title policy and preliminary report or commitment. It is agreed that if the title to said premises is not marketable, or cannot be made so within thirty (30) days after notice containing a written statement of defects is delivered or mailed to the Seller, or if the Seller, having approved said sale fails to consummate the same as herein agreed, such failure shall constitute a default and the Earnest Money shall be returned to the Buyer and Seller shall pay for the cost of title insurance, escrow and legal fees, if any. Buyer's acceptance of the Earnest Money does not constitute a waiver of other remedies available. 5.It is hereby agreed that the "closing agent" for this agreement shall be is the broker responsible for the closing. Where not otherwise provided by law, the parties shall each pay one-half of said closing agent's fees. The closing date shall be 'J Vn_-4, -j r°' Wt'I, r 6. On or before the closing date, Buyer and Seiler shall deposit with the closing agent all funds and instruments necessary to complete the sale. `x,, 'w 7. Seller shall deliver possession to Buyer on or before ` w- ' jr Q A available assessment as a asi and taxes and water assessments (using the last q ,), rents, insurance prem ums, inter st and reser s on liens, to�D or All ga bons assumed or taken subject to, and utilities shall be prorated as of C(.A e_ ,} Fc �e/P ar.'�f. P6'J� < � o" Y ':/fC,}+,4except as follows: Buyer shall pay for fuel in fuel tank, the amount to be determined by the supplier at Seller's expense. 8.The parti�s agree that this agreements tains the following addi ional terms and conditions: r' i r�_ L.NV+ w I '� �b'Lt9-{I�..��i -�JJ t � �p .0 1; i F � � �i ! .Sl-` 75-1 �.�.: S �70C r 9. The following items of property now on the premises are specifically excluded from the sale: The following items of personal property are specifically included in the sale: 10AMPORTANT: THE REVERSE OF THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS WHICH ALSO CONSTITUTE PART OF THE AGREEMENT. Each of the parties acknowledges reading this agreement in full. Listing Agency: j Selling Agency: BUYER r rr J 1 !1J��• �':`.. YY i-.s 1�'� {.. Y\ \ evYer'e Addrees .� `i '/ �4 � ^'Y •1 T.-. �.r BUYER -j V On this date. BuysrePhone `.+4 agree to carry out all the terms thereof on the part of the Seller, and the uI/wes fined Selereby ler apand prove agrees to pay at the le set forth rt of of above agreement and of selling price or DOLLARS ($ I/ We f rther acknowledge re eipt of a true c ) to the above named broker(s) for services py of this agreement with the complete legal description of the premises inserted and signed by both parties. SELLER t Seller's Adtl/sae SELLE Seller's Phone A true copy of the foregoing agreement, signed by the Seller and containing the full and complete legal description of the premises, is hereby re, ceived on this day of 19 STATE OF IDAHO bounty of ss un this day of appeared 19_ , before me, the undersig,ied, a NotaryPublic i_ n and for said State, personally known to me to be the person(s) who signed the foregoing instrument as Seller and acknowledged to me that _he IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. _ _executed the same. BUYER'S RECEIPT No7ary Publ;c Imo• ldeho------_._- Residing a!