HomeMy WebLinkAboutPH NoticeCITY CLERK FILE CHECKLIST -
Project Name: Marlin Subdivision
Contact Name: Jonathan Seel -- W.H. Moore Co
Date Received from Planning and Zoning Department:
Date Scanned into Laserfiche Project File: 2-Jul-02
Planning and Zoning Level:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
File No. FP 02-015
Phone: 323-1919
Volume:
Hearing Date:
and
July 1, 2002
❑ 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
Hearing Date
N/A
❑ Certifieds to property owners: N/A
❑ City Council Action: ❑ Approve
❑ 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. Resolution No.
❑ Approved by Council:
❑ Recorded: Deadline: 10 days
❑ Published in newspaper:
❑ Copies Disbursed:
Notes:
August 6, 2002
July 2, 2002
and N/A
❑ Deny
Fle"ut� :
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MAYOR
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Robert D. Corrie�y�"
CITY COUNCIL MEMBERS
Tammy deWeerd
CITY OF"''�-w
William L. M. Nary
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Cherie McCandless
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Keith Bird
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TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVE
WITH THE CITY OF MERIDIAN
LEGAL DEPARTMENT
(208) 288-2499 - Fax 288-2501
PARKS & RECREATION
(208 888-3579 - Fax 898-5501
PUBLIC WORKS
(208) 898-5500-Fax 887-1297
BUILDING DEPARTMENT
(208) 887-221 I - Fax 887-1297
PLANNING AND ZONING
(208)884-5533 - Fax 888-6854
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: August 1, 2002
Transmittal Date: July 2, 2002 Hearing Date: August 6, 2002
File No.: FP 02-015
Request: Request for Final Plat approval of 82 building lots and 4 other lots in an R-4
zone for Marlin Subdivision
By: W.H. Moore Company
Location of Property or Project: north of 1-84, east of South Linder Road
David Zarem ba, P/Z (No vAR, vac, FP)
Jerry Centers, P/Z (No vAR, vac, FP)
Leslie Mathes, P/Z (No vAR, vac, FP)
Keven Shreeve, P/Z (No vAR, vac, FP)
Keith Borup, P/Z (No vAR, vAc, FP)
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, 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
Meridian School District (No FP)
Meridian Post Office (FP1PP onty)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PPonyJ
U • S. West (FP/PP only)
Intermountain Gas(FP/PPon/y)
Bureau of Reclamation (FPlPPonw
Idaho Transportation Department (No FP)
Ada County (Az on,,)
Your Concise Remarks:
33 EAST IDAHO - MERIDIAN, IDAHO 83642
(208) 888-4433 - Fax (208) 887-4813 - City Clerk Off
tce Fax (208) 888-4218 - Human Resources Fax (208) 884-8723
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208)884-5533 Phone / (208)888-6854 Fax
REQUEST FOR SUBDIVISION APPROVAL
FINAL PLAT APPLICATION
(RE: Meridian Subdivision Ordinance - 12-3-7 thru 12-3-9)
GENERAL INFORMATION
1. Name of annexation and subdivision: Marlin Subdivision
2. Address, general location of the site: North of I-84, east side of Linder Road
3. Owner(s) of record: Winston Moore -Kimball Properties Limited Partnership
Address: PO Box 8204 Boise, Id 83707
Phone: 208-323-1919 Fax: 208-323-7523
4. Applicant: W.H. Moore Company / Jonathan Seel
Address: PO Box 8204 Boise, Id 83707
Phone: 208-323-1919 Fax: 208-323-7523
5. Engineer: Matt M Munger, PE Firm: Hubble Engineering, Inc.
Address: 701 S. Allen St. Suite 102, Meridian, Id 83642
Phone: 208-322-8992 Fax: 208-378-0329
6. Name and address to receive City billings: Winston Moore
Address PO Box 8204, Boise, Id 83707 Telephone: 208-323-1919
7. Subdivision phase number (if applicable): Phase 1
FINAL PLAT FEATURES
1. Acres: 23.25
2. Number of building lots: 82
3. Number of other lots: 4
4. Gross density per acre: 3.5
5. Net density per acre: 4.58
6. Zoning district(s): R4
7. If the proposed subdivision is outside the Meridian city limits but within the area of
impact, what is the existing zoning classification? N/A
8. Have recreational easements been provided for in accordance with the approved
preliminary plat? N/A
9. Are recreational amenities to the City agreed to in the preliminary plat provided in this
plat? Yes Explain Two open space areas provided for the residence
10. Are there any amenities to the City provided in this phase? No Explain:
11. Type of building (residential, commercial, industrial, office or combination): SF Res.
1 Oiei°. 06i�I51(}-
12. Type of dwelling(s) (single family, duplexes, multiplexes, other): Single Family
13. Proposed development features:
a. Minimum square footage of lot(s): 5,000 sq ft.
b. Minimum square footage of structure(s): approved through the PUD
c. Are garages provided for? yes Square footage: Per the minimum of code
d. Has landscaping been provided for? yes Describe: buffers alon Linder
Rd
and I-84, within open space areas and along micropaths
e Are sprinkler systems provided for? yes
f. Are there multiple units no Type?:
Remarks:
g. Are there special set back requirements? yes Explain: approved
through the PUD
STATEMENTS OF COMPLIANCE
1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by
Ada County Highway District and Meridian Ordinance. Dimensions will be
determined by the City Engineer. All sidewalks will be five (5) feet in width.
2. Proposed plat is in conformance with the City of Meridian Zoning & Subdivision
Ordinance and Comprehensive Plan.
3. Development will connect to City services.
4. Proposed plat is in conformance with the approved preliminary plat.
5. Proposed plat is in conformance with acceptable engineering, architectural and
surveying practices and local standards.
6. Street names do not conflict with City grid system.
7. All items noted on the final plat checklist have been completed.
I have read the information contained herein and certify the information is true and correct
that this plat is in compliance with the above statements.
of Applicant
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JUN-26-2002 15:45 NUBBLE ENGINEERING 208 378 0329 P.01i01
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ADA COUNTY STREET NAME LVALUATION
enc eri ian
Pro sed Subdivision Name: Marlin Subdivision Posr-it- Fax Note 7671
to reviewed: 4/4/2002
Frelimina!y/Final• prel
- —Section/Township/Rang
File Number: PP02-008
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The street name comments listed below are made by the members of the ADA
COUNTY STREETNAME COMMITTEE (under the direction of the Ada County
Sheriffs Department) regarding this development in accordanee with the Ada
County Street Name Ordinance.
following existing street names shall appear on the plat:
VERBENA DRIVL,", --
i nd�? r 125,7.�i
The following proposed street names arc'ap roved and shall appear on the plat:
_W. BROWN TROUT DRIVE" "W. SILVER SALMON DOWR
" BARRACUDA AVENUE" "S. SOCKEYE, WAY'
S, OUS rEltl'1SH AVENUE"
c following are denied:
`'BLACK MARLIN" is a duplicate
"BASS" is a duplicate
"RAINBOW TROIJT" and "GRAYLING" a.re in alignment with "SPOON
SPOONDII,i, AVENUE"
"BROOK 'TROUT" is in alignment with "JACKSNIPE" and shall be "W..I
A name is needed for the Fut-West portion connecting with Barracuda
Community Planning Association Ashlcy Jimenez
Agency City Representative
Fire District Representative
Ada County Highway District Representative
,I." and shall be "S.
KSNIPE S'l'RF.FT ..
Datc:
Date --
Date:
Date:
Ada County Sheriff Department Representative Date:
TnTAI P - r�1
6-27-202 2:20PM FROM W.H_ MOORE COMPANY 208 323 7523
M
W.H. MOORE
C O M P A N Y
Real Estaw Development
600 N. STEELHEAD WAY, SUITE 144 (83704)
P.O. BOX w%
BOISE, IDAHO 83707-2204
Date: June 27, 2002
To: Sonya Allen
City of Meridian
660 E. Watertower Ln.
Suite 202
Meridian, ID 83642
From: Jonathan R. Seel
Subject: Marlin Subdivision
The entire 40 acre subdivision has no exiting trees.
Please should you have any questions or require further information.
Thanks
TELEPHONE (208) 323,19191 FAX 323.7523
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HUBBLE ENGINEERING, INC.
701 S. Allen St., Suite 102 n Meridian, ID 83642
Project No. 0201700
DESCRIPTION FOR
MARLIN SUBDIVISION
208/322-8992 . Fax 208/378-0329
May 8, 2002
A portion of the NW1/4 of the SW1/4 of Section 13, T.3N., R.1W., B.M., Ada
County, Idaho, more particularly described as follows: Commencing at the 1/4 corner
common to Section 14 and the said Section 13, from which the southwest corner of said
Section 13 bears South 00000'26" East, 2651.33 feet; thence along the East-West mid-
section line, common to the South boundary of The Landing Subdivision No. 7, as same
is recorded in Book 69 of Plats at Page 7085, records of Ada County, Idaho, North
89059'42" East, 48.00 feet to a point on the East right-of-way of Linder Road and the
REAL POINT OF BEGINNING.
thence continuing North 89°59'42" East, 728.72 feet;
thence South 00000'18" East, 116.87 feet;
thence South 21 ° 18' 12" East, 51.11 feet;
thence South 00"00' 18" East, 70.28 feet;
thence South 18026'27" West, 57.78 feet;
thence South 20"55'34" West, 195.00 feet;
thence South 69004'26" East, 100.77 feet to a point on a curve to the left;
thence along said curve 74.20 feet, said curve having a radius of 70.00 feet, a
central angle of 60°43'4.7" and a long chord of 70.77 feet which bears South 17057'29"
East;
thence leaving said curve South 30010'44" West, 101.40 feet;
thence South 59049'16" East, 8.41 feet;
thence South 30010'44" West, 100.00 feet;
` thence South 59049'16" East, 96.09 feet to the beginning of a curve to the left;
thence along said curve 133.07 feet, said curve having a radius of 475.00 feet, a
central angle of 16°03'04" and a long chord of 132.63 feet which bears South 67°50'48"
East to a point of compound curve;
KAWHMoore Linder(ibLARLIN SUB)(02-017-00)\Documenls\l)es-t�vlarlinSubdivisionPhLdoc
thence along said compound curve 33.40 feet, said curve having a radius of
20.00 feet, a central angle of 95040'33" and a long chord of 29.65 feet which bears
North 56°17'23" East;
thence leaving said curve South 81 °32'53" East, 50.00 feet to a point on a curve
to the left;
thence along said curve 33.40 feet, said curve having a radius of 20.00 feet, a
central angle of 95°40'33" and a long chord of 29.65 feet which bears South 39023'10"
East to a point of compound curve;
thence along said compound curve 23.24 feet, said curve having a radius of
475.00 feet, a central angle of 02048'14" and a long chord of 23.24 feet which bears
South 88037'33" East to the point of tangency;
thence North 89058'20" East, 275.85 feet to a point on the West boundary line of
The Landing Subdivision No. 10, as same is recorded in Book 78 of Plats at Page 8288,
records of Ada county, Idaho;
thence along said West boundary line South 00001'40" East, 50.00 feet;
thence leaving said West boundary line South 89058'20" West, 111.26 feet to the
beginning of a curve to the left;
thence along said curve 31.38 feet, said curve having a radius of 20.00 feet, a
central angle of 89°54'15" and a long chord of 28.26 feet which bears South 45"01'12"
West;
thence leaving said curve South 89"53'44" West, 50.00 feet to a point on a curve
to the left;
thence along said curve 31.45 feet, said curve having a radius of 20.00 feet, a
central angle of 90"05'45" and a long chord of 28.31 feet which bears North 4405848"
West to the point of tangency;
thence South 89"58'20" West, 74.58 feet to the beginning of a curve to the right;
thence along said curve 179.81 feet, said curve having a radius of 525.00 feet, a
central angle of 19°37'25" and a long chord of 178.93 feet which bears North 80°12'57"
West;
thence leaving said curve South 19035'45" West, 106.32 feet;
t thence South 30"44'15" West, 104.43 feet;
thence South 59049'16" East, 6.58 feet to the beginning of a curve to the right;
K \1UNMnnrP i indPr(MARI NR1?Rl(07-017.0()1\lincnmen[SV)eS-i'�[arlinS"hdivisioni)hLdoc
thence along said curve 30.51 feet, said curve having a radius of 344.00 feet, a
central angle of 05°04'56" and a long chord of 30.50 feet which bears South 62°21'44"
East;
thence leaving said curve South 25°05'48" West, 164.02 feet;
thence South 68000'30"
East, 130.23 feet;
thence South 89053'55"
East, 322.36 feet;
thence North 51034'10"
East, 131.95 feet;
thence South 00004'05"
West, 117.21 feet;
thence North 89053'54" West, 1195.40 feet to a point on the East right-of-way of
Linder Road;
thence along said right-of-way North 4013'17" West, 707.61 feet;
thence North 00000'26" West, 618.19 feet to the Point of Beginning. Containing
23.25 acres, more or less.
Prepared by:
NUBBLE ENGINEERING, INC.
(1;�72,? )OM
�Ry G. c�
Gregory G. Carter, P.L.S.
v.N%17UAA '. r; ao. nnAAr a crMwn-) m 7
When Recorded Please Return to
Givens Pursley LLP
277 North 6'h Street, Suite 200
Boise, ID 83702
Attn: David R. Lombardi
Alt ,
RECORDED- RF OUES T CF
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GRANT DEED
FOR VALUE RECEIVED, James F. Griffin, a single man ("Grantor"), whose address is 705
North 9'h Street, Boise, ID 83702, does hereby GRANT, BARGAIN, SELL and CONVEY unto
KIMBALL PROPERTIES LIMITED PARTNERSHIP, an Idaho limited partnership ("Grantee"), whose
address is P.O. Box 8204, Boise, Idaho 83707, the real property in Ada County, State of Idaho, more
particularly described on Exhibit A attached hereto and made a part hereof ("Property").
Grantor hereby covenants to and with Grantee and Grantee's heirs, successors and assigns,
that Grantor is lawfully seized in fee simple of the Property, subject only to the matters described on
Exhibit B, attached hereto and made a part hereof.
TO HAVE AND TO HOLD, the Property with its appurtenances, together with any and all
water rights or entitlements to receive water for beneficial use upon the Property, including, but not
limited to, ditch or canal company shares, and ditch rights associated with any irrigation or water
delivery ditch, canal, lateral or pipeline, unto the Grantee, and Grantee's heirs and assigns forever.
And the said Grantor hereby binds himself and his successors to warrant and defend the title as
against all acts of the Grantor herein and no other, subject to the matters set forth herein.
Dated effective the k2 rday of December, 2001.
GRANTOR:
ames F. Griffi
GRANT DEED - 1
S CLIENTS1251S321Finai DOCLInlentSkGrant Deed (12-11-01).doc
STATE OF IDAHO )
) ss.
County of Ada )
"41
On this j '1- day of December, 2001, before me, a Notary Public in and for the State of
Idaho, personally appeared JAMES F. GRIFFIN, 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,
and year first above written.
'L OAf4
Q !,�07 Ak � w:�
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1'UB1,V
have hereunto set my hand and affixed my official seal the day
Notary Public for Idaho
Residing at
My commission expires: - 3-cl
GRANT DEED - 2
S:\CLIDNTS12515W\Final DOCUnlents\Grant Deed (12-11-01)_do,
EXHIBIT A
Description of Property
GRANT DEED - 3
SiCLIENTS12515221Final DocumentSlGrant Deed (12-11-01).doc
U
PARCEL 1
A parcel of land located in the Northeast Quarter and Southeast Quarter of Section 20,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, the same being
depicted on Record of Survey No. 5447 recorded July 2, 2001 as Instrument No.
101065642, Records of Ada County, Idaho, more particularly described as follows:
Commencing at the Northeast corner of said Section 20, of which the Southeast corner of
said Northeast Quarter bears South 00' 14' 45" West, 2651.89 feet, thence along the
Northerly line of said Northeast Quarter,
South 89' 46' 18" West, 1328.41 feet to the POINT OF BEGINNING and the Northwest
corner of the East %2 of the Northeast Quarter of said Section 20; thence along the
Westerly line of said East %2,
South 00' 19' 52" West, 55.00 feet; thence along a line parallel with and 55.00 feet
southerly of said Northerly line of Section 20,
North 89' 46' 18" East 1273.49 feet to a point 55.00 feet Westerly of the Easterly line of
said Northeast Quarter, thence along a line 55.00 feet Westerly of and parallel with said
Easterly line,
South 00' 14' 45" West, 594.66 feet, thence
North 89' 56' 06" East, 55.00 feet to a point on the Easterly line of said Northeast
Quarter; thence along said line
South 00' 14' 45" West, 2002.07 feet to the Southeast confer of said Northeast Quarter;
thence along the Easterly line of the Southeast Quarter of said Section 20
South 00' 00' 01" West, 196.19 feet; thence
North 68' 20' 09 West 26.90 feet to the Northeast corner of Lot 34, Block 4 of Thousand
Springs Subdivision No. 1 as shown on the official plat thereof recorded in Book 78 at
Pages 8248 through 8249, Ada County Records; thence along the Northerly boundary of
said Subdivision the following courses:
North 68' 20' 09" West 339.38 feet to the beginning of a tangent curve; thence
Along said curve to the left having a radius of 250.00 feet, an arc length of 222.33 feet, a
central angle of 50' 57' 18", and a chord bearing and distance of South 860 1 F 12" West,
215.08 feet; thence tangent from said curve
South 60' 42' 33" West, 121.50 feet to the beginning of a tangent curve; thence
Along said curve to the left having a radius of 200.00 feet, an arc length of 116.45 feet, a
central angle of 33' 21' 36", and a chord bearing and distance of South 770 23' 21" West,
114.81 feet; thence tangent from said curve
North 850 55' 51" West, 561.11 feet to the Westerly line of the East %2 of the Southeast
Quarter of said Section 20, thence leaving said Subdivision line, along said Westerly line
North 000 11' 26" East, 118.03 feet to the Southwest corner of the East %2 of the Northeast
Quarter of said Section 20; thence along the Southerly line of the West %2 of the
Northeast Quarter
South 890 54' 44" West, 84.07 feet; thence leaving said line
North 01 ° 42' 52" East, 2649.75 feet to the Northerly line of the Northeast Quarter of said
Section 20; thence along said line
North 89' 46' 17" East, 20.10 feet to the POINT OF BEGINNING.
PARCEL2
A parcel of land located in the Southwest Quarter of Section 13, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, the same being depicted on Record
of Survey No. 5446 recorded July 2, 2001 as Instrument No. 101065643, Records of Ada
County, Idaho, more particularly described as follows:
Beginning at the Northwest corner of said Southwest Quarter, of which the Southwest
corner of said Southwest Quarter bears South 00' 00' 26" East, 2651.35 feet, thence along
the Northerly line of Southwest Quarter and the Southerly Boundary line of The Landing
Subdivision No. 7, as shown on the official plat thereof recorded in Book 69, at Pages
7085 through 7086, Ada County Records; thence
North 89' 59' 42" East, 1326.84 feet to the Northeast corner of the Northwest Quarter of
said Southwest Quarter; thence
South 00' 01' 40" East, 1326.16 feet to the Northerly right-of-way line of Interstate
Highway No. 84 as shown on Federal Aid Project No. I-80N-1 (12) 37 on file at the
offices of the Idaho Transportation Department, Boise, Idaho, thence along said right-of-
way line
North 89' 53' 55" West, 1327.32 feet to the Westerly line of said Southwest Quarter;
thence along said Westerly line
North 00' 00' 26" West, 1323.70 feet to the POINT OF BEGINNING.
AFFIDAVIT OF OWNER
STATE OF IDAHO )
) ss
COUNTY OF ADA) I
thavu� tn1 Aar-Tnu-
I, as�the titled owner of record, Winston Moore, of W.H Moore Company
authorize Hubble Engineering, Inc. to request and submit an Annexation and Zone
change application, Planned Development application, Preliminary Plat application and
any other necessary applications on my 40 acre parcel on North Linder Rd. in Meridian,
Idaho. The metes and bounds legal description for the above parcel(s) is a part of this
application packet for the Marlin Subdivision Development.
- -Dated:----
tns on Moor , Owne
W.H. Moore Company
Subscribed and sworn to before me a notary public in and for the State of Idaho.
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Rgoa�naPr.�;rr,,�
Notary Public
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Residing at
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Commission Expires / .2—/ram —D
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1 4inder(u1.o17-On)ttbcumrnta.AFFIDAVIT OF OWNERdo .d=
6-25-202 8:31AM FROM W.H. MOORE COMPANY 208 323 7523
P. 2
KIMBALL PROPERTIES LIMITED PARTNERSHIP AGREEMENT
Date: May 15, 1997
1. AGREEMENT. Winston H. Moore and
Diane L. Moore, as General Partners, and as
Limited Partners, and such other partners as
may be admitted pursuant to the terms hereof,
all of whom are referred to as the Partners, in
consideration of the mutual covenants set forth
herein, agree as follows.
2. FORMATION. The Partners hereby form a
limited partnership (the "Partnership") under
Idaho law, as it may from time to time be
amended.
3. NAME, The name of the Partnership shall
be Kimball Properties Limited Partnership. The
Partnership name may be changed by
agreement of all General Partners and upon 10
days notice to the Limited Partners, All
Partnership property shall be owned by the
Partnership entity, and its Partners shall have no
interest in such property except to the extent of
their personal property interest in the
Partnership.
4. PURPOSE, The Partnership's primary
purpose is to provide centralized management
of the development, operation and disposition of
real estate and other property contributed by the
Partners. The Partnership shall own and
operate the properties so contributed, and do all
things necessary or incidental thereto.
5. OFFICE, The Partnership's principal office
shall be located in Boise, Idaho, or such other
place in Idaho of which the Managing General
Partner may from time to time notify the
Partners. The Partnership may maintain other
offices as the Managing General Partner deems
appropriate.
6. TERM The Partnership shall commence on
the filing of the Partnership's certificate with the
secretary of state of Idaho as required by law,
and shall be dissolved effective December 31,
2022, and may otherwise be dissolved only
when and as provided herein.
7. GENERAL PARTNERS. The General
Partners are Winston H. Moore and Diane L.
Moore,
8. PERCENTAGE INTERESTS. The Partners'
initial Percentage Interests in the Partnership
are:
Partner
General
Total
Winston H. Moore
1 %
_Limited
49%
50%
Diane L. Moore
1 %
49%
50%
Totals "----
2% —
98%_-
100%
9. AGENT FOR SERVICE OF PROCESS. The
agent for service of process is:
Winston H. Moore
600 N Steelhead Way, Suite 144 (83704)
PO Box 8204
Boise, Idaho 83707
Fax 208-323-7523
10. PARTNERSHIP MANAGEMENT. The
Managing General Partner shall be Winston H.
Moore, who shall have full authority to conduct
all Partnership business on behalf of the
Partnership for the benefit of all Partners, and in
such capacity is authorized to perform all acts
and execute all documents, without limitation, in
the name of the Partnership as necessary or
desirable In his sole business judgment. Such
authority is intended to be all inclusive, and
extends to the sale, purchase, leasing,
financing, and operation of Partnership property,
and to all other matters of or relating to
Partnership business except as otherwise set
forth herein. All Partners acknowledge such
authority and agree that no person shall be
required to inquire into the authority of the
Managing General Partner to perform such acts
or execute such documents on behalf of the
Partnership. The Limited Partners shall not
participate in Partnership management except
as expressly set forth herein.
10.1 SUCCESSOR MANAGEMENT. The
Managing General Partner's managerial
authority may be revoked and a successor
Managing General Partner designated only by
agreement among all other Partners and only
upon either (a) the sale, succession or other
transfer of the Managing General Partner's
interest in the Partnership as a General
Partner, by operation of law or otherwise, or
(b) the negligent or malfeasant exercise of
such authority.
Kimball Properties Limited Partnership - 1
6-25-202 8:32AM
FROM W. H. MOORE COMPANY 208 323 7523
P. 3
hereon. This Agreement may be amended only
in writing signed by all Partners.
22. NOTICES. Any communication required
hereunder shall be given in writing and shall be
deemed effective (a) upon delivery, if delivered
in person, or by facsimile transmission with
receipt acknowledged by the recipient thereof,
(b) one business day after deposited for
overnight delivery with any reputable overnight
courier service; or (c) two business days after
deposited with the '„S Postal Service registered
or certified mail. Notices shall be addressed as
follows, or to such subsequent respective
addresses of which the Partnership is advised
by any Partner,
Addressee name
600 N Steelhead Way, Suite 144 (83704)
PO Box 8204
Boise ID 83707
Fax 208-323-7523
23. SURVIVAL, CHOICE OF LAW, Subject to
the restrictions herein against assignment, the
provisions hereof shall bind and inure to the
i4onMo re, Gener Pa r
and Partner
State of Idaho
benefit of the parties hereto and their respective
successors and assigns. This Agreement shall
be governed by the laws of the State of Idaho.
24. CREDITORS. None of the provisions of
this Agreement shall be for the benefit of or
enforceable by any of the creditors of the
Partnership or Partners.
25. SEVERABILITY. If any provision of this
Agreement to any extent is found by a court of
competent jurisdiction to be invalid or
unenforceable, the remainder of this Agreement
shall not be affected thereby.
26. DEFAULT, WAIVER. Any remedy
available herein for default of this Agreement is
in addition to any other remedies available
hereunder or at law or in equity. No covenant
hereof shall be deemed waived except in writing
by the waiving party. The failure by any Partner
to enforce any provision upon its default shall
not constitute a waiver of the same or any
subsequent default of such provision.
Diane L. Moore, General Partner
and Limited Partner
) ss.
County of Ada )
On this c 121 day of_ d2 - 1997. before me, the undersigned, a Nota
said State, personally appeared Winston H. Moore and Diane L. Moore, known or identified ry Puband
ic fine to be
the same persons described in and who executed the within instrument, and they duly acknowledged to
me that they executed the same.
/eya"
Notary Public for Idaho
Residing at AV,1,11 ��, "OV )
Comm Expires - _
Kimball Properties Limited Partnership - 5