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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� : Ono, Res/ Coax Ce Nbaiebok ary R l CCOPY Ce Gty Clerk City Ergr­ City ft— City Aft-r String Cockers Project Fk Deputy Clerk Copy Pee / Crigirel Ce ACa Canty (CPAs) Apph—t (r—CPAs, Recortl OrtlNunees. ag- M—tM k Copieab: City Clerk smc Tax r m- Stab Tu—er, Ay , A Staring Corners Cny City Erg — City Flamer Project file ApplO ,t (if WM ) De" Clerk FkKWW f Ord— 0-4rel: Mraitook CAplee b. Appicant Project file City Engineer City %— Crty Albmey Deputy C e k •• Record Vecatkm Fb i ge Rttwdetl DeaebarrcrH Ag,earents: O ig nW Freproor F e COaieeb.AppiwrR Pro,e ye Cm Eg.— City Flamer City Al —y Deputy Clerk MAYOR V Robert D. Corrie�y�" CITY COUNCIL MEMBERS Tammy deWeerd CITY OF"''�-w William L. M. Nary L/ IDAHO j Cherie McCandless Fc� Keith Bird e, y, Y R RE SINCE 7903 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 2 Rey,. 00115101 N. L I N D E R ROA D Of V S. SPOONBILL cou o OON ILL AVE. m AVE. tw Z D r ♦ W N N U A N N �, IQ N U S. BARRACUD m _ yg O1 u y.F ROOSTEREISH ~m x V ♦ A OD Z ^F F O N m p O G A y O1 A N N b D A V P m N A 0 5CICA-U: i'=3D(). JUN-26-2002 15:45 NUBBLE ENGINEERING 208 378 0329 P.01i01 J J - n�� 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 °inary., -__ : 3N1 W13 _ CoJDep�_ v r Pnono Fax # �1� _., / C7 ✓A lit0 Q Z pages � From Co. -1 _ i n Phone rt 2 T^ S�� Z 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. 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"j � �_s � '- Eg• Ai.a60a .� " —.[vu[ NQlG1ljOpy S R� A7 ., 0,011 N30Nll ll sAD9M 6NOIs.n yp s•yy /// "e•„roro� to ��. k / •tie sbe "r � ^/ S o / l J ,s➢O q .{ 3 .Sa � �'_]PP . s e ex uS0' "l I .Ml Dtt L $ - L - 6 Ls, m �S cr' • it e L 76i6 N 707.61' eyMu• _.___.._.. ......... ........... dui 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 ;I rn-PU'.. h� �011'1110 y r, , 4 1 L'Uvr UL - i '/� 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:� C W 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. ? c Rgoa�naPr.�;rr,,� Notary Public q a a ��, ' `' �• m Residing at m Commission Expires / .2—/ram —D ♦ l { l� \7 � C N Q. +�V� s •��Ostr+��s� �.�. �\ ��•i OF ��� 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