HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST
Project Name: Larkspur Subdivision
File No. RZ 04-005
Contact Name. Larkspur LLC / Ron Sargent Phone.
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
371-6110
Hearing Date:
March 25, 2004
May 20, 2004
❑X Transmittals to agencies and others: March 291 2004
❑X Notice to newspaper with publish dates: 3Way-04 and U May-04
❑ Certifieds to property owners:
❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny
Notes:
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:
❑ Approved by Council:
❑ Copies Disbursed:
❑ Findings Recorded
Development Agreement.
Sent for signatures:
Signed by all parties.
Approved by Council:
Recorded:
Copies Disbursed:
Ordinance No
.
Approved by Council:
Resolution No.
Recorded: Deadline: 10 days
Published in newspaper:
Copies Disbursed:
Notes:
RasoWtlons:
Oriynal Res/Copy Ce2 hsntebook
Copy Res /Copy Cart City Cleric
Cori Engineer
GtyPlaner
city Anim"
Bering Codfiers
Prtgect Fllo
DepUy Cleric
Copy Res / Original Cert
Poe Cwty (CPAs)
Pppicart (w CPAs)
Recorded Ordnsnc is
Onjnal: Aintebook
Copes to: Gty perk
State Tax Comm.
Slate heasner. Audtor. Aase.sor
Staring Codfiors
City Attorney
City Enynaer
city Plame
Prolect file
Pppfcert (if appl)
Da" Clerk
Findings / Ordon:
Original Onlebook
Copies to: Applicant
Project file
City Engneer
City Planner
City Altorney
De" Clerk
"Record Vocation Findings "
Reeorded Developmont Agreements:
Ciiginai.Fireproof File
Copes toAypicart
Project file
City Ergneet
City Planer
City Attorney
Deity Clark
_yw
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
744
�YIG�l�yl
11 IDAHO
LEGAL DEPARTMENT
(208) 466-9272 • FAX 466-4405
PARKS & RECREATION
(208) 888-3579 • Fax 898-5501
PUBLIC WORKS
(208) 898-5500 • Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 • Fax 8874297
Keith Bird " °" i rsensuRe �"'" sixce PLANNING &ZONING
1903 (208) 884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: May 13, 2004
Transmittal Date: March 30, 2004
File No.: RZ 04-005
Hearing Date: May 20, 2004
Request: Rezone of 9.47 acres from R-4 to R-8 zone for proposed Larkspur Subdivision -
By: Larkspur LLC /Ron Sargent
Location of Property or Project: 2190 & 2240 South Meridian Road
David Zaremba, P/Z (No VAR, vac, FP)
David Moe, P/Z (No VAR, VAC, FP)
Wendy Newton-Huckabay, P/Z (No VAR, VAC)
Michael Rohm, P/Z (No VAR, VAC, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Tammy de Weerd, Mayor
Bill Nary, C/C
Charlie Rountree, C/C
Keith Bird, C/C
Shaun Wardle, C/C
Water Department
Sewer Department
Sanitary Service (No VAR, VAc, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
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 Irrigation District
Idaho Power Co. (FPiPP only)
QW@St (FP/PP only)
Intermountain Gas (FP/PP only)
Bureau of Reclamation (FP/PPonly)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
Ada County Land Records (FP/PP only)
Meridian Development Corporation
Historical Preservation Commission
33 EAST
IDAHO AVENUE •MERIDIAN,
IDAHO
83642 • (208) 888-4433
City Clerk Office Fax (208) 888-4218
•Human Resources Fax (208)
884-8723
•Finance &Utility
Billing Fax (208) 887-4813
CITY OF MERIDIAN PLANNING ZONING 1of2
PUBLIC WORKS / FIRE DEPARTMENT
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone / (208) 88&6854 Fax
ANNF,XATinN AND 7,nNIN(� nR RF,7.nNF, APPi.iCATinN
(RE: Meridian Zoning Ordinance— Section 1145 and 114 6) PROPOSED NAME OF PROJECT/SUBDIVISION: L (z v k 5 )p tti y G w 644 C
ADDRESS, GENERAL LOCATION OF
2 l 4O a, wGQ 442LO
TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL):
e5iaG
ACRES OF LAND IN PROPOSED ANNEXAIWN/REZONE: �
PRESENT LAND USE:
PROPOSED LAND USE: s �
a. kt, i
.c � oe.utii
cur 4e 5 if
PRESENT ZONING DISTRICT: "t PROPOSED ZONING DISTRICT: K
APPLICANT: ��� "
ADDRESS:
ENGINEER, SURVEYOR, PLANNER:
ADDRESS:
ADDRESS:
PHONE:
:5 VLrC
v z�0 83G�,7 C, �rQ,��Lia Rcl 5klbe 22�%, /I%L�w��,
FAX:
V�<%Y Fitl( Ac&Y5 . Gd w%,
E-MAIL:
NOTE: If there is a sale pending on this property, please list buyer name, address &closing date:
415 l(/. C � cam, ct s ,
a f= � v
I have read the information contained herein and certify the information is true and
3 705
Signature of Applicant
*Annexation may require entering into a development agreement as a condition of annexation. Current owners) must
execute agreement. Explanation of any change in ownership and timing for same shall be included in narrative.
Rev. 1 /iO3/(J3
Mar. 9, 2004 1:27PM
No•4777 P
(aV11, ANn 3;TR(1(:Jj1RAL 1:'NG1NL•ER1NG
APPLICATION DESCRIPTION
LARKSPUR SUBDIVISION
Job No. PA41-03 3/9/2004
Land in the SW1/4NW1/4 of Section 19, T3N, R1E, B.M., City of Meridian, Ada County,
Idaho, described as follows:
COMMENCING at the Northwest Corner of said Section 19;
thence, along the West Line of said Section 19, South 01155'00" West (S01)37'25"W of
record — Warranty Deeds Inst. No. 8908046 and Inst. No. 8908047), a distance of
1908.50 feet (1908692 feet of record), to the Northwest Corner of a tract of land as
described in that certain Warranty Deed, Inst. No. 7515057;
thence, along the North Line of said tract of land, South 89059'26" East, a distance of
50.01 feet, to a point on the Easterly right-of-way of State Highway 69, as described in
Warranty Deed, Instrument No. 8908046, and the POINT OF BEGINNING;
thence, continuing along said North Line, South 89°59'26" East, a distance of 1061.02
feet, to a point on the West Line of The Meridian Greens, Unit No. 3, as per the plat
therof, in Book 63, at Page 6402, Ada County Plat records;
thence along said West Line, South 00°47'20" West, a distance of 194.37 feet, to a
found 1/2 inch rebar; •
thence continuing along said West Line, South 001,39'57" West, a distance of 194.65
feet, to a found 5/8 inch rebar marking the Northeast Corner of Edmonds Subdivision
as per the plat therof, in Book 33, at Page 2050, Ada County Plat records;
thence along the North Line thereof, North 891,57'32" West (N 89059'15" W of record), a
distance of 1062-30 feet, to a point on the Easterly right-of-way of State Highway 69;
thence along said right-of-way, North 0055'00" East, a distance of 388.45 feet, to the
POINT OF BEGINNING.
Containing 9.47 acres, more or less. fir:;, aAG LANp
�.`' �yS��G1STEkF�UP�
PASargcntllarkapur�l)rnwinR,a�timvcyU)F.ti('KIPI'IONS\P 141 U3 APPl,1CAT10N-TOTALULSC:.UOC
:'.k:�i: �r(��♦.� y.7::i �'.���f i�(�1f t;t•l�l. tilt'.
t ('r�{r �: YP:: it i:Yil i•�ii. �lti12' ..�{I
t •cn: i "W,:}+tip.
��,: fit• 1;.. r•; ?',).� ;tC' �' LU i c;1 { ; j � I , i U C:'.i I Csill.'1.
REZONE REQUEST FOR
PARCEL NUMBERS S 1119233903 AND S 1119234010
BY LARKSPUR LLC
LOCATED AT 2190 AND 2240 SOUTH MERIDIAN ROAD
Larkspur LLC is requesting a rezone from R-4 to R-8 for the property located at 2190 and
2240 South Meridian Road. The purpose of the rezone is to develop the property for single
family homes.. There are companion applications for a Conditional Use — Planned
Development and Preliminary Plat for this property. The density of the proposed Larkspur
Subdivision would be 4.44 homes per acre with 42 buildable lots on 9.47 acres. The density
of the proposed Planned Residential Development would be 5.70 homes per acre with 40
buildable lots on 7.02 acres.
The surrounding land is as follows:
North: Single family home with vacant land. The proposed Southwoods Subdivision
would include offices, a dementia center, assisted living and residential
apartments.
East: Single Family Homes
South: Single Family Homes on Five Acre Lots
West: Single Family Homes
DESIRABILITY OF THE REZONE
This application is requesting the rezone to allow medium density residential housing on
these parcels of land. With low density residential housing on the east and west sides, single
family homes to the south on five acre lots of the property and offices, dementia center,
assisted living and residential apartments proposed to the north this zoning change would be
a desirable transition from the higher uses of the property to the north to the surrounding
neighborhood. This residential use would make the proposed zoning change compatible
with the neighborhood.
PLAN CONFORMITY
City of Meridian Comprehensive Plan, July 2002
Goal V: Offer a diversity of housing types for a greater range of choice. Objective A:
Encourage quality housing for all economic levels in a variety of areas.
The requested zoning change allows the project to provide a range of
housing that is not widely available in this area of Meridian. The change of
zoning to R-8 allows the project to develop smaller lots with good quality
with homes. The applicant will develop the lots and also construct the
homes. In similar projects with this type of housing, the applicant has found
that most of the buyers have been seniors who were down sizing from larger
homes. Even though the Larkspur development will not be age restricted, it
is anticipated that a large portion of the buyers will be seniors.
Figure v xM, City of Meridian, Future Land Use Map
The proposed rezoning to R-8 is consistent with The Future Land Use Map.
The Map identifies these parcels as being Medium Density Residential (R4).
Mal'.12. 20U4 3129PM
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69 .l`dMHJIH 31`d1S — 4V021 Nb'I4R13W 'S
City of IVleridian
Applications
Preliminary Plat, Planned Unit Development, Rezone
Larkspur Subdivision
Owners of Record
Northern Parcel
2190 South Meridian Road
Ada County Parcel Number S 1119233903
Owners: Jack R. Siemsen and Carolyn Siemsen
Address: 2190 South Meridian Road
Phone:' 888-7950
Southern Parcel
2240 South Meridian Road
Ada County Parcel Number S 1119234010
Owners: 13%Donald Mineger
Address: 1798 E. Kamay Dr., Meridian Id. 83642
Phone: ' 884-5500
Owners: 43.5%Leonard Reed
Address: 2240 South Meridian Road, Meridian Id. 83642
Phone: 8664929
Owners: x 43.5% Sherri Lynn Norman
Address: 101 Ravine, Pocatello Id 83724
Phone: 208/478-9734
Please Note
Larkspur LLC is a wholly owned subsidiary of Samas LLC
sA of
COUNTY OF
OF
I� _ _M�
(city)
AFFIDAVIT OF LEGAL INTEREST'
being first duly swom upon
oath, depose and say.
(state)
I. l�at I am tl�e record owner of tt�e property described on the attached, and I grant
ny permission to: . .
�LL(M.�C,S
(name) (address)
18011sc �To V I?370
submit the accompanying application pertaining to that property.
2. agree to indemnify, defend and hold t}�e City of Meridian and it's employees
iarmless from any claim or liability resulting from any dispute as to the
tatements contained herein or as to the ownership of the property which is the
ubject of the application.
Dated this �-�'� � ..a�1 day of
SU
20
IBED AND SWORN to before me ttie day and year first above written.
JOLENE REED
NOTARY PUBLIC
STATE OF IDAHO
j
Public for Idaho/
Residing at Ka t o
My Commission Expires: y D�
Rev. J 1/03/(l3-
U�:! c4I UU4 Lc: 11
4L J1011 SLLLUU1II
AFFIDAVIT OF LEGAL INTEREST
5'I'A'I'E OF IDAiiO )
COUNT OF AD-Aa)
ti
, M.r A Zj mil/ 11
being first duly sworn upon
oath, depose and say.
(city) (state)
I.. 'That I. am the record owner of the property described on the attached, and I grant
my permission to. .
(name) (address)
foorsc
to submit the accompanying npplication pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and it's employees
harmless from any claim or liability resulting from any disputc as to the
statements contained herein or as to the ownership of the property which is the
subiect of the application.
dated this
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
�r� is Notary ,Public fig Idaho
y: Cs Residing at _ �! S r
0 n
to 0 02 / i : p �"► t o + My Commission Expires:
60 44 ry',
Rev. 11103103
MHRe M 2004 2:48PM NORTHERN TITLE N0.234 P.2/2
POWER OF ATTORNEY
(REAL ESTATE)
KNOW ALL MEN BY THESE PRESENTS, that I, Sherri Norman , hereby make, constitute and appoint Donald H.
Minegar as my true and lawful attorney in fact with full power and authority in my name and in my stead and on my behalf:
1. The Power to perform any and all acts necessary to purchase, sell, convey, transfer title, deliver deeds, bargain,
encumber, or contract for the sale or purchase of certain real property described as follows:
SEE ATTACHED: EXHIBIT A
atso known as number: 2240 South Meridian Road, Meridian, Idaho 83642
To execute and deliver a Warranty Deed or Ouit Claim Deed conveying said real property to a third party.
3. To execute a p►omissory note or notes creating end evidencing an obligation as therein set forth, and to execute a
Deed of Trust encumbering the above described real property and securing the repayment of the obligation
described in said promissory note, and to execute all assignments of rents, financing statements, and security
agreements in addition to the Deed of Trust to secure repayment of the obligation set forth in said promissory note.
4. To sign on my behalf settlement statements, disclosure statements, acceptance statements, affidavits concerning
mechanic's liens, assignments of security deposits, extensions of the contract for purchase and sale, and any and all
other documents and instruments required as part of the closing function pertinent hereto.
AND In general, I give y said attorney In fact full power to handle all my business affairs in such manner and with
such authority as myself might exercise, including the power to make, execute, and acknowledge instruments of every
kind which may be proper or requisite to effectuate all or any of the premises.
I hereby ratify, confirm and approve each and every act of my said attorney heretofore and hereafter taken in conformity
with this power of attorney.
THIS power of attorney shall be effective until revoked by me in writing, such revocation to be delivered to the attorney
in fact above named. Everyone dealing with my said attomey in fact shall be entitled to rely upon the certlf cote of such
attorney in fact to the effect that his/her power Is In effect and has not been revoked.
'THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE DISABILITY OF THE PRINCIPAL.
'THiS POWER OF ATTORNEY SHALL BECOME EFFECTIVE UPON THE DISABILITY OF THE PRINCIPAL,
'THIS POWER OF ATTORNEY SHALL AUTOMATICALLY EXPIRE BY ITS OWN TERMS UPON COMPLETION OF
THE LIMITED PURPOSE SET FORTH ABOVE.
I have set my hand on this
State of Idaho
County of Bannock
SSN:
On this 15th Day of March, 2004, before me, Melinda Obray, personally appeared Sherri Norman, identified to me on the
basis of satisfactory evidence, to be the persons) whose name is subscribed to the within instrument and acknowledged
to me that she executed the same.
WITNESS MY HAND AND OFFICIAL SEA:
\``\`p\\�IpIA Iall //''
IA
GTAq}Ira
Nc, u lic — rjaSim
residi g At:
II p G
Commission Expires: J U a% f o
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUN 1 OF ADA
�t-- 0 2 a
being first duly swom upon
I41 ev'/ di 4N ..oath, depose and say:
(city) (state)
I . That I am the record owner of the property described oti the attached, and I grant
my permission to:
,S c� N.c cc. 5 L, L- G l s W , ce. mac.
(name) (address)
�Jorsc ,� F370 3
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and 1�old the City of Meridian and it's 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
subiect of the application,.
Dated this �- Y day of � �� 2p�,
(Signature
SUBSCRIBED AND SWORN to before me the day and year first above written.
Notary Public fob Idaho
O } ca ::Residing at �el Sr
y�sy
h _ My Commission Expires:
r
j
ADA COUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 07131/03 04;48 PM
DEPUTY MichelleTO III IIIII�IIIIIIIIIIIIIIIIIIIIII III III
RECORDED—REQUEEQUE ST OF
Tills One 103128436
AMOUNT 3.00
QUITCLAIM DEED
FOR VALUE RECEIVED,
CAROLYN SIEMSEN, wlto acquired title as CAROLYN G. SIEMSEN
Does hereby convey, release, remise and forever quit claim unto
JACK R. SIEMSEN AND CAROLYN SIEMSEN, HUSBAND AND WIFE
whose current address is: 2190 S. MERIDIAN RD, MERIDIAN, ID 83642
the following described prenuses:
A parcel of land in the Northwest Quarter of Section 19, Township 3 North, Range I East, Boise Meridian,
Ada County,lda}to, more particularly described as follows:
Commencing at the Northwest corner of said Section l9; thence
SouthWest 1908.92 feet to dte POINT OF BEGINNING; thence
South 0°55' West 194.50 feet; thence
South 89'59'15" East 1121.92 feet; thence
North 0°46'50" East 194.49 feet; thence
I�Torth 89°59'15" West 1121.30 feet to the POINT OF BEGINNING.
EXCEPTING TIIEREFROM drat portion conveyed to the State of Idaho by document recorded February
23, 1989, as Instrument No. 8908047, records of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever,
Date: 7ULY _, 2003
ACKNOWLEDGMENT CERTIFICATE
(INDIVIDUAL PERSONALLY KNOWN BY NOTARY)
State oildah
and
S
E
A
L
s.s.
a , nthe year of 2t�
a notary public, personal y a
' e ,personally known to me t�
ise name(s) is (are) subscribed to the within
edged to me that he (she) (they) executed
Expires on
• 4�
r
p� / G �
4�� �Q
04
TTAIB.,.••.
pit -MERIDIAN, IDAHO
�(p. 05/21109
s7o2siiis
u.',I. ....., Ono
901SE IG
rHU9TI1 s DI�n P'°"EE"�CQ
-s� �rR 7 W s�i
Ad-
D-
piorwwr Title Company Of Abs Coufity er�f EF �hti,. CA tr admen
(herein celled Trustee) as Trustee under ilia dead of trust
hereinafter particularly described, down hereby Bargain, Sell and
Convey, without warranty, to Jack R. Siemaets and Carol" G.
81wwnwn, huehand and wife, whose current add reee ist 2190 S,
Meridian Road, Meridian, Idaho, 83642, ell of the reel property
situated in the County of Ada, State of Idaho described ae follows:
8e�e Rxhibit A ettacl►ed t►ereto and inoorpnretvd hsurein by
this reterenoe.
This amveyanoe ii1 swede pursuant t'o the porero cxntlerzed upon
TYustew by the dxd o! trust between R 4 R Development Company
Limited, a Limited Liability Connany an Grentnr, the Trustee
herein, and Jar.k R. Siernuen and Crrolyn O. Slemnen, husband and
wife as Beneflciery, recorded June 21, 1994 as Instrument No.
94056978 and re -recorded June 27, 1994 an Instrument No. 94060985E
Ada County, Idaho Mortgage records, and after the fulfillment of
the oonditione apecified in said deed of trust authorizing this
conveyance an follows:
(a) Default occurred in the ohligetime for which sttoh deed of
trust wee given a■ ■eeurity end the Bonefiaiary made demand upon
the said trustee to sell property pursuant to the terms of said
deed of trust. Notloe of default wee recorded September 180 1996
e■ Instrument No. 96077956, Ada County Mortgage recnrds and in the
office of the Recorder of each other county in which the property
described in said deed of trust, or any part thereof, is situated,
the nature of such default being an net forth in sold notice of
default. Such default still existed at the time of sale.
(b) After isoordetitm of said NidtiOo Of 1USLsult, trustee gave
rk�tioa DL the time and place of the sale of said property by
r»gietered or certified nail, by personal servion upon the
ocmpante of said root property, by posting in a eonspiauoun place
on said prealoes and by publishing in a newepapnr of gennrel
oirtntletion in each of the cnunt,i"s in which the property is
ettnated no more fully appears in affidavit■ recorded at least 20
Jaya prior to the data of sale an Instrument No, 96090271,
Inatruawnt No. 96090272, turd an Instrument No. 96090273, Add County
Idaho Mortgage rM:ords,
(a) The pzovisiona, recitals and contents of the Notice of
Default referred to in paragraph (a) supra and of the Affidavit■
referred to in pnrngrep}t (b) supra ■hall be end they ere hereby
incorporated herein and made an integral pert hereof for all
purposes as though set forth herein at length.
(dj J►fl re ulrewente of ter roust Ing the mium# personal
eervioe, panting, publication and recording of the notice of
default, and notice of cal.• and for all other notice@ have been
Complied with,
(a) lrrls then 1�0 daTe elepead between t71tl pivitlw of
Ctioe of sale by regiaterad or cwrtifiaA mail and the male of amid
prnpwrty, .
1!) 'lrtiFytee, aC tlfe tiaa �d glean o! sale iifced br acid
natloa, at publio auction, in one parcel, struck off to grantee,
being the highest bidder thereof, the property herein described for
Qaod and Valuable oonaideration, subject however to all prinr liens
end wnouebraneea, Ho parson or corporatinn offered to take any
part of amid property lens then the whole thereof for the aaount of
principal, interest, advances and posts,
ill MiTflsea lemllCt. Y'ha tJrsntor, pureuem to a s"asolntlon o! its
sawrd of Directnre hen caused its corporation name to be hereunto
subscribed,
Dated this April 4, 1997.
gn this April 7, 1997, before ale, q» ultdereipQ►ed, a llotarY Dubilc
in ar►d fcr @e!d State, par@one11T eppeeced LinAa Nahe@->wltz
identified to N to be the llseistent SArrlitery of the corporation
that executed the instrument or the person who executed the
Instrument on behalf of said corporation, and aaknow1P►1gpd to me
that sunh corporation executed the same,
Notary Pu'ibiinr_�?�.
Reaidinq att ■w, I
My Cortmission expires:
�1}51,49 113190 R i
of ,Ipi•,�b 1�
6/26/97
R Developeent/Aiaeaan
f
I
u
t
Y
i
+ Emhiblt A
' A PARCEL 0>r LAND Yri dills 110RT1iSNE3t QDARiRt Or EECtIDM 19, TONNSI{Ir S IfORiHI
;� RANCEI EAST, BOISE MERIDIAN, ADA COUNTY, IDAINO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS; COMHENCINO AT THE NORTLOMT CORNER OF SAID SECTION 19;
IIIENCE SOINTH 00 DEOFEE 55100"NEST, HT
1908.92 FEET TO THE POINT OF JIKGINHC
THENCE SOUTH 00 DECREE 55100•NEST, 194.50 PERT;
j THENCE SOUTIL 69 DECRF.E9 59115" FAST, 1121.e2 FEET;
THENCE NORTH 00 DECREE 46#50• EAST, 194.49 Mr;
�I THENCE NORTH 89 DEOR°F.S 59115• {TEST, 1121,JO FdFT TO THE POINT OF BECIFRINO
EXCEPTING THEREFROM THAT PORTION CONVETED TO THE STATE OF IDAHO BY DOCUMENT
RECORDED FEBRUARY 231 1989 AS INM U!{sRT N0, 890804d, RECORDS OF ADA COLRNTY, IDAHO,
771IS FORM FURNISHED COURTESY OF:
ALLIANCE TITLE &
ESCROW CORP.
READ & APPROVED BY GRANTEE(S): Gl l
ABOVB T}nS LlI1H FOR RECORDING DATA
WARRANTY DEED
FOR VALUE RECEIVED FRANK MOSER AND EDWARD C. CUERTH, MARRIED PERSONS
DEALING WITH THEIR SOLE AND SEPARATE PROPERTY AS TO AN UNDIVIDED 1/2
INTEREST AS TENANTS IN COMMON
GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto JACK R. SIEMSEN
AND CAROLYN G. SIEMSEN, HUSBAND & WIFE
GRANTEE(S), whose current address is:
the following described real property in ADA Cout�y, State of Idaho, more particularly
described as follows, to wit:
SEE ATTAC}1ED "EXHIBIT A"
ABJ. �AVIII() NAYAPf,O ER
BOISE, MAU
1998 JN 24 Ahl I I e 34
RECORDED•REOUESTOF
A9
FEE DEPUTY
98060758
TR�INSNAi}ON TITI.� & E4CRQYV
TO HAVE AND TO HOLD the said premises, wit}t their appurtertartces unto the said Grantee(s), and
Grantees) heirs and assigns forever, And the said Grantors) dces(do) hereby covenant to and with ttte said
Grantee(s), that Grantor(s) Ware the owner(s) in fee simple of said premises; that said premises are free from
all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered
or done by the Grantee(s), and subject to reservations, restrictions, dedications, easements, rights of way and
agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments,
if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend
the same from all lawful claims whatsoever.
,Dated: May 14, 1997
STATE OF IDAIiO, County of ADA, ss.
On this 12TH day of DULY in the year of 1997, before me, the
undersigned, a Notary Public in and for said State, personally
appeared LOIS L. MOSER known or identified to a to be the
person(s) whose name(s) is/are subscribed to he within
instrument, as the attorney in fact of FRAM MOSER AND EDWARD
C. CUERTH and acknowledged to me that he/she/they sub�oY fob..the name(s) of FRANK MOSER AND EDWARD C. CUERTH thep8t# fob..
the
principal, and his/her own name as attorney in face'to
' No
e T� r
Signature: �
Names E ELYN . S . CELLE ; .4 (��
Residing At: BOISE, ID '7j� B�IC
My Commission expires: 2/18/98 o� ..�*wage
��'�.OR/DA00 0°
,,144111 $j1'`��
ORr)ER NO. 97068015
EXHIBIT "A"
A parcel of land in the Northwest Quarter of Section 19,
Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
COMMENCING at the Northwest corner of said Section 19;
thence
South 00 degrees 55'00" West 1,908.92 feet to the POINT OF
BEGINNING; thence
South 00 degrees 55'00" West 194.50 feet; thence
South 89 degrees 59,15" East 1,121.82 feet; thence
North 00 degrees 46150" East 194.49 feet; thence
North 89 degrees 59115" West 10121.30 feet to the POINT OF
BEGINNING.
EXCEPTING therefrom that portion conveyed to the State of
Idaho by document recorded February 23, 1989, as Instrument
No. 8908047, records of Ada County, Idaho.
Ulf "' _ .' ADA COUNTY RECORDER J. OWU NAVARRO 10
BOISE IDAHO 01/27/03 12:18 PM
DEPUTY Joanne Hooper
RECORDED —REQUEST OF III IIIIIIII�I'll'�IIIIIIIIIII�I'll I
JAMES KISER
AMOUNT 30800 103013407
JAMES W. KISER
Attorney at Law
ISB #1940
619 Queens Guard
Boise, ID 83709
(208) 376-3100
Attorney for Plaintiff
Am--w� C 0 N Y
JAN232W3
09=
DISTRICT COURT, FOURTH JUDICIAL DISTRICT
STATE OF IDAHO, COUNTY OF ADA
Donald Minegar )
Case No. CV-OC-0208839D
Plaintiff, )
)
JUDGEMENT AND DECREE
Leonard D. Reed aka Leonard )
Dale Reed, Sherri Lynn Norman, )
Opal Minegar )
Defendants. )
The Court having jurisdiction of the parties and subject matter in the
above -entitled action, and the Court being advised in the premises and having
read the verified complaint and the stipulated Compromise and Settlement
Agreement executed by all parties, a copy of which is attached hereto as
Exhibit Be
IT�IIS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
JUDGEMENT AND DECREE
Page 1 of 2
1. That all of the real
property is legally described in
herein by reference, is owned in
following undivided percentages:
property the subject of this action, which
Exhibit A attached hereto and incorporated
fee by the following named parties in the
13.0% Plaintiff Donald Minegar, as his sole and separate
property
43.5% Leonard Reed, as his sole and separate property
43.5% Sherri Lynn Norman, as her sole and separate
property
100%
2. That the parties interests are subject to the terms and conditions
of that Compromise and Settlement Agreement which is attached hereto as
Exhibit B.
3. That each party shall bear their own attorneys fees and costs.
Dated this �_ day of qrt2{,gaf'
JQEL D. HORTON
Hon. Joel Horton
JUDGEMENT AND DECREE
STATE OF IDAHO !!��,,qq� � r' 1 •� r � .
COUNTY OF.ADA . G—'. ,
Elk
I- J °avil f:;,varro, CM 09 6161rk4 Court of he Fourth'
J(^.J It* $!r13 of Who,'n and for"Cow
0F,dt. eo 11-rc'_y c[;. j6y1 the IorrpouV3 it 11 kuo and
Boric I a;,. a: L'g c �qGl 4� file r 1!ib (lice, In yAneie
wL��rw'. I ht'iz h�icA ozl,gf"rlll�,Idarld a1;ipdbcu!f0:Iir•- dotda
Y
Page 2 of 2
EXHIBIT "A"
A parcel of land in the Northwest Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, County, Idaho, more particularly described as follows: ' ndian, Ada
Commencing at the Northwest comer of said Section 19, thence
South 0°55' West 2.103.42 feet to the POINT OF BEGINNING; thence
South 0'55' West 194.50 feet; thence
South 89'59' 15" East 1,122.34 feet; thence
North 0046'50" East 194.49 feet; thence
North 89059'15" West 1,121.82 feet to the POINT OF BEGINNING.
EXCEPT any portion as conveyed to State of Idaho, by and through the Idaho Transportation Board by Warranty
Deed recorded October 20, 1987 as Instrument No, 8758710, Official Records.
(a( Oescnp(ion
JAMES W. KISER
Attorney at Law
ISB #1940
619 Queens Guard
Boise, ID 83709
(208) 376-3100
Attorney for Plaintiff
DISTRICT COURT, FOURTH JUDICIAL DISTRICT
STATE OF IDAHO, COUNTY OF ADA
Donald Minegar
Plaintiff,
v.
Sherri Lynn Norman;
Leonard D. Reed aka Leonard
Dale Reed;
Opal Winegar
Defendants
Case No.
COMPROMISE AND
SETTLEMENT AGREEMENT
Comes now the Plaintiff above named, .and each of the Defendants,
above named and hereby stipulate, compromise and agree as follows:
1. Quiet Title to Real PropertX: It is agreed that the real property the
subject of this action and which is legally described in ExhibitA attached hereto
shall be owned by each of the following named parties as Tenants in Common
and that the Court may enter a Decree Quieting Title to the property as follows:
13.0% Donald Minegar, as his sole and separate
property
43.5% Leonard Reed, as his sole and separate property
43.5 % Sherri Lynn Norman, as her sole and separate
property
100%
Page 1 of 6
Opal Minegar has no right, title or interest in and to the real
property described on Exhibit A, but shall have the right to reside in the mobile
home on the real property as set out in paragraph 2 below.
2. Opal Mine aq r Ri_aht to Reside in Mobile Home on the Premises the
Subject of this Action: The mobile home on the property belongs exclusively to
Donald Minegar who agrees to pay all of the personal property taxes thereon.
It is agreed by all parties that Opal Minegar may reside in that mobile home,
rent free, so long as Opel Minegar: A) is able to drive her own automobile, and
B) is able to reside in the mobile home without full time assisted nursing care.
Otherwise, Opel Minegar agrees to vacate the mobile home. So long as she
resides in the mobile home, Opel Minegar agrees to pay all utilities on the
mobile home and to keep the insurance paid on the mobile home.
At such time as Opal Minegar vacates the mobile home then Donald
Minegar agrees to remove the mobile home from the premises within 90 days
and Donald Minegar may then sell or otherwise dispose of the mobile home as
he wishes.
3. Sale of Property• Property Taxes at Closing: It is agreed that the real
property described in Exhibit A shall be sold as soon after the 1 st day of
November, 2006 as practical or at such time as Opal Minegar has vacated the
mobile home on the property, whichever date is latest.
The sales price shall be cash at closing unless otherwise agreed. The price
shall be determined by an Idaho licensed appraiser to be chosen by a majority
of the owners. In the event an owner disagrees with the appraised value then
that owner may employ a second appraiser and the sales price shall be an
average of the two appraisals. Any party advancing the cost of an appraisal
shall be reimbursed at closing for their contribution to the cost of the appraisal,
together with 10% interest per annum on that amount paid from the date paid.
' 3.1 Property Taxes at Closing: The original principal balance of all
property taxes outstanding at closing shall be paid 74% by Leonard Reed and
26% by Donald Minegar and Sherri Lynn Norman. However, it is agreed that
any penalties, fees or interest charged on delinquent property taxes shall be
paid by Leonard Reed alone at closing. All other fees and closing costs,
including but not limited to realtor's fees (if any), title insurance, escrow costs
and the like, shall be paid by the parties, and the net sales proceeds shall be
split in the percentages of ownership of the property at the time of the sale.
3.2 Leonard Reed Option to Purchase Donald Minegar Interest in �
Real Property: At any time after the mobile home on the real property is
Page 2 of 6
I removed by Donald Minegar (and after Opal Minegar has vacated the premises)
it is agreed that Leonard Reed may purchase the 13% interest of Donald
Minegar in the real property. The price shall be paid in cash and shall be equal
to 13% of the value of the total property as determined by an Idaho licensed
appraiser to be chosen by Leonard Reed. In the event Donald Minegar disagrees
with the appraised value then he may employ a second appraiser and the value
shall be an average of the two total property value appraisals. Any: party
advancing the cost of an appraisal shall be reimbursed at closing for their
contribution to the cost of the appraisal, together with 10% Interest per annum
on that amount paid from the date paid. All costs of the sale and closing of the
13% interest shall be split equally between Donald Minegar and Leonard Reed.
' 4. Use and Occupancy of Real Property by Leonard Reed: Until the real
property is sold, Leonard Reed shall have the right to the use and occupy the
real property the subject of this action (except the shop currently occupied by
Donald Minegar and the mobile home currently occupied by Opal Minegar) rent
free. Leonard Reed shall pay his own utilities and the 74% of the real property
taxes as set out in this agreement until the date of sale.
5. Property Taxes Until Sale: Leonard Reed agrees that the property taxes
on the property described on Exhibit A shall be paid by him prior to the time the
taxes become more than three (3) years delinquent. After Leonard Reed pays
any real property taxes he shall provide written proof of payment to both Sherri
Lynn Norman and Donald Minegar of the amounts paid and broken down into
actual taxes and penalty, interest and fees. Within 15 calendar days after
written notice, Sherri Lynn Norman and Donald Minegar Leonard shall reimburse
Leonard Reed for 26% of the actual assessed real property taxes, excluding
from that computation any late charges or interest on the delinquent taxes. Any
portion of the property taxes paid that is a penalty, late fee or interest shall be
paid by Leonard Reed alone.
6. Attorneys Fees; Successors: Each party shall be responsible for their
own attorneys fees and costs in this action. The terms of this agreement shall
be binding upon, and be for the benefit of, the heirs, successors, and assigns
of the parties hereto.
7. Notices: Written notices shall be given by certified mail, return receipt
request + d, postage pre
-paid, to the following addresses;
Leonard Reed, 2240 South Meridian Road, Meridian Idaho 83642
Sherri Lynn Norman, 101 Ravine, Pocatello, Idaho 83201.
Page 3 of 6
Donald Minegar, 1798 East Kamay Dr., Meridian, Idaho 83642.
Leonard, D. Reed
Sherri Lynn Norma
onald Minegar
•6. 0 NJ-�.
STATE OF IDAHO, )
)ss.
COUNTY OF ADA, )
On this day of 2002, before me, the undersigned,
a Notary Public in and for silid State, personally appeared Leonard D. Reed
known or identified to me (on the basis of satisfactory evidence), (or proved to
me on the oath of J. to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he/she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand a
official seal, the day and year in this certificate first above writ,
Notary Public for,ldaho
Residing at: e •.,
My Commission Expires: / � 116
°T'tR )& ca
70
PU B LlC
o ,.
0 F I D �'�,•�'•41111*
STATE OF IDAHO, )
)ss.
COUNTY OF ADA, )
On this day of �(%pc�(ao� , 2002, before me, the undersigned,
a Notary Public in and for said State, personally appeared Sherri Lynn Norman
Page 4 of 6
known or identified to me (on the basis of satisfactory evidence), (or proved to
me on the oath of ), to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he/she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal, the day and year in this certificate first above writter
o v�
Notary Public Apr Idaho
Residing at: r Se
My Commission Expires:
STATE OF IDAHO, )
)ss.
COUNTY OF ADA, )
affixed my
On this . L day of ULf 2002, before me, the undersigned,
a Notary Public in and for said ate, personally appeared Donald Minegar
known or identified to me (on the basis of satisfactory evidence), (or proved to
me on the oath of ), to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he/she
executed the same.
IN WITNF,
official seaLsitii9
HEREOF
STATE OF IDAHO, )
)S5.
COUNTY OF ADA, )
ave hereunto set my hand and affixed my
in thi certificate firstybove written.
N y Public for'Idaho
ng at:
y Commission Expires:
On this ISt day of ���-� , 2002, before me, the undersigned,
a Notary Public in and for said State, personally appeared Opal Minegar known
or identified to me (on the basis of satisfactory evidence), (or proved to me on
the oath of ), to be the person whose name is subscribed to
Page 5 of 6
the within instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the -day and year in this certificate first above written.
�--
%k ••onto,. .�
•0 ••• •:
• � 1
dp
Notary Public for Idaho
Residing at: ,13c)/4 -�
My Commission Expires: (�/j/e b
Page 6 of 6
J
i
EXHIBIT "A"
A parcel of land in the Northwest Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, more particularly described as follows.
Commencing at the Northwest comer of said Section 19, thence
South 0055' West 2,103.42 feet to the POINT OF BEGINNING; thence
South 0055' West 194.50 feet; thence
South 89°59'15" East 1,122.34 feel; thence
North 0046'50" East 194.49 feet; thence
North 89059'15" West 1,121.82 feet to the POINT OF BEGINNING.
EXCEPT any portion as conveyed to State of Idaho, by and through the Idaho Transportation Board by Warranty
Deed recorded October 20, 1987 as Instrument No. 8758710, Official Records.
Exhibit
Legal Description
Feb 24 2004 10:31AM
rj16- ire & CO PLLC
2U8-338-8964
251
ARTICLES OF ORGANIZATION
LIMITED LIABILITY COMPANY
(Instructions on back of application)
1. The name %I the limited liability company is:
Larkspur, LLC
2. The street address of the initial registered office is:
205 N. Tenth St., Suite 300, l3olse, Idalro Ei3702
and the name of the initial registered agent at the above address Is:
Alkire & Co., PLLC
3. The mailing address for future correspondence is:
4915 W. Camas, Suite A, Boise, Idaho 83705
4. Management of the limited liability company wlll be vested in:
5. If management is to be vested in one or more manager(s), list the names) and
address(es) of at least one initial manager. If management Is to be vested in the
member(s), list the name(s) and address(es) of at least one initial member.
Name
SAMAS. LLC 4915 W. Camas, Suite A, Boise, Idaho 83705
6. Signature of at
Signature: r4e
Typed Name:
E. Alkire
Tortorming the limited liability company:
Capaclry: Attorney
Signature
s
Typed Name:
Capacity:
AFFIDAVIT OF PROPERTY FUNING
STATE OF IDAHO }
}
COUNTY OF ADA }
I, Larkspur LLC/Ronald D. Sargent, 4915 W Camas Street, Boise, ID 83705, being duly
sworn upon, oath, depose and say:
That I will post the property of the appropriate signage at 2190 and 2240 S.
Meridian Road, Meridian, ID at least 10 days prior to any public hearings.
Dated this
day of rl&rG , 200
SUBSCRIBED AND SWORN to before me the day and year first written above.
1Qotarg
Residin a
My Commission Expires: gq 09
92-373/1231
.MQS LLc 04 _ 2362
pEVELOPMENT...
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��+� 5680 P. FRAt�.BV RD., SDITB 220
Nd1Q'�, IDAEO 83687
(208) 463-0305
f FAX (208) 463-4391
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