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HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST Project Name: Sundial Subdivision No. 2 Contact Name: John Bilderback File No. Phone: 855-5600 Date Received from Planning and Zoning Department: April 22, 2008 Planning and Zoning Level: Hearing Date: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: and ❑ Certifieds to property owners: ❑ Planning and Zoning Commission Recommendation: ❑Approve ❑Deny Notes: City Council Level: Hearing Date: May 6, 2008 x❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: N/A ❑ Certifieds to property owners: ❑ 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: April 24, 2008 and N/A ❑ Deny Resolutlons: Onginel Res, Copy Cart -mute-, Copy Ras,Copy Cart City Clark City engineer Ciy Planner Ciy Altemey sterling Codfi— ZO)KtFtla Depuy clerk Copy Ras, Ononal Cart Ada C—y(CPAs) Applicant (,,.,,-CPAs) Record Ordnancas. Original Minuta000k Ceplest Ciy Clan, Stare Tax Cooan. stata ir—r, , PiAror,F�ess.r, srening Codfiets Ciy Attorney Ciy Engineer Ciy Banner Prgect file Applicant (il eppl.) Depuy Clerk Flndnps, Oral,,- Onginal. Minutapook to Appfipant Project file Ciy Engineer Ciy Planner Cly Attorney Depuy aen, •• R—d Vacs Bon Findngs •• R«area D-17manr Ayraema w Cnginal: Firaproor File copies NAppltcant Project file Ciy Engineer Ciy Planner Ciy Attorney Dapuy clerk �E IDIAN TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba 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: Jaycee Holman, City Clerk, by: ASAP Transmittal Date: April 24, 2008 Hearing Date: May 6, 2008 File No.: FP 08-009 Request: Final Plat approval for 2 single-family building lots and 1 common lot on 2.94 acres in an R-4 zone for Sundial Subdivision No. 2 By: Gemstar Properties, Inc. Location of Property or Project: west of N. Linder Rd & south of W. Ustick Rd Joe Marshall (No FP) David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org E IDIAN IDA =k TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba 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: Jaycee Holman, City Clerk, by: ASAP Transmittal Date: April 24, 2008 File No.: FP 08-009 Hearing Date: May 6, 2008 Request: Final Plat approval for 2 single-family building lots and 1 common lot on 2.94 acres in an R-4 zone for Sundial Subdivision No. 2 By: Gemstar Properties, Inc. Location of Property or Project: West of N. Linder Rd & south of W. Ustick Rd Joe Marshall (No FP) David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) —� Ada County Highway District Ada County Development Services Central District Health :!! c Nampa Meridian Irrig. District Settlers Irrig. District .�' Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) ,�C Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) _lAda County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org Phone: . zip: 836q L Phone: `31 I �S2 Zip: 9-3 61 �p I A - Phone: SSS�opO Zip: eji q2 Phone: pS7 �%CA Fax: c) SS S�j sb w IDIAM,_ 1Yse.i=1s Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment STAFF USE ONLY: ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit File number(s): E ❑ Conditional Use Permit Modification ❑ Design Review ..0* inal Plat Project name: ❑ Final Plat Modification Date filed: ate complete:. ❑ Planned Unit Development ❑ Preliminary Plat Assigned Planner: ❑ Private Street Related files: ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment 11 Hearing date: ❑ Commission ouncil ❑ Vacation (Council) ❑ Variance ❑ Other Applicant Information Applicant name: o Applicant address: Applicant's inteLes Owner name: T lz`l.\6u\o" SA 9N. WA_1 S4e So in property: ❑ Own ❑ Rent ❑ Optioned gOther .J. ST A,2gml� Owner address: 13 4 S ri A Agent name (e.g., architect, engineer, developer, representative) Firm name: (('' p-,�.,�,�q,��L, Z"y�C_ Address:? LLq 5— L)A— S4 $'-I CY-) Af Primary contact is: ❑ pplicant�❑ OwneL B gent' ❑ Other Contact name: E-mail: 'D Location/street address: Assessor's parcel number(s): Township, range, section:—V Q , �� (T Z- Total acreage: Z,aq Current land use: TP A /V T �'� Current zoning district: ` 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I U Project Project/subdivision name: -Z>tA td FA General description of proposed project/request: Proposed zoning district(s): _ Acres of each zone proposed: - ?-QL( Type of use proposed (check all that apply): Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Pon - -2- Who will own & maintain the pressurized irrigation system in this development?/dig Mut4hoh & D)X Which irrigation district does this property lie within? Iyf 7"4 A P �& l �44y- Primary irrigation source: A�L-- Secondary: ` O Square footage of landscaped areas to be irrigated (if primary or secondary point of connection' � is City water): Residential Project Summary (if applicable) Number of residential units: *'2- Number of building lots: �- Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: / ,/ h 2 or more Bedrooms: 01,h Minimum square footage of structure(s) (excl. garage): Proposed building height:_ Minimum property size (s.f): $f O 3 7 51 Average property size (s.f.)): s� Gross density (DU/acre-total land): . y �g V�� Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: �%a Acreage 9f pen space: 11 c, Percentage of useable open space: W 1 V n-tQ, f 41L Ir-% li ( ee apter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed lrSingle-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Total number of employees: Building: Existing (if applicable): Building height: Paving: Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Authorization Print applicant name: Applicant signat e: ��` _63 Date: ower Lan , uite 202 • Meridian, Idaho 83642 Phone: (208) -5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 414108) Narrative Addendum April 18, 2008 Cairns Property Annexation and Development Agreement Instrument Number: 94108841 The Sundial Subdivision including the phasing of the Sundial Subdivision is in conformance with the approved preliminary plat and meets all the requirements and conditions thereof. It also conforms with all requirements and provisions of the UDC and with all acceptable engineering, architectural and surveying practices and local standards. Sundial Subdivision is currently under construction. As requested by ACHD and approved by the City of Meridian during the preliminary plat hearing, W. Whitelaw Drive is being changed from a knuckle confirmation to a T-intersection as part of the subdivision. As a result of this request, a right of way vacation for the existing knuckle is being performed. This vacation with several unexpected delays in processing easement relinquishments from the utility companies has delayed the processing of the final plat. Thus, we are requesting Sundial Subdivision be phased into two phases. Phase #1 will consist of 26 buildable, residential lots, and the 3 common lots. Phase #2 will consist of 2 buildable, residential lots and 1 large lot (where the cell tower currently is). The original final plat approved by the City of Meridian City Council in August 2007 remains unchanged and all we are asking is to phase the final plat in two parts. Also, I have attached an email from last year (08/14/07) during the original final plat application submittal when the Sundial Subdivision was not proposed as being phased, which indicates my client, Scott Noriyuki, authorized representative of Gemstar Properties, has agreed to the City of p conditions and that has not changed. Jean P. BilderbWP.E. d- 00 �.Q L U- LO O N co m L, NN --tn N 3 x a �n 1 LL. 1 N 00 c � U- N o c1' o N I N C.' 06i 0 a Y N 4 N N M ; co oil ..H.. 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Ustick in the SW 1/4 of NE'/4 of T. 3N., R. 1 W., Section 2. �1 I V Et APR 2 2 2008 G1TY OF MER01AN CUY CLERK OFFICE Page I of 2 Kristy Vigil From: Scott Noriyuki [scoff@thegemstar.com] Sent: Tuesday, August 14, 2007 2:21 PM To: Kristy Vigil Subject: FW: Sundial Subdivision Final Plat Report for B-14-07 CC MTG Importance: High Kristy — As requested, please find my response to the Staff report for Sundial. Thank you and feel free to call anytime with questions. Scott From: Scott Noriyuki [mailto:scott@thegemstar,com] Sent: Tuesday, August 14, 2007 10:11 AM To: 'Bilderback, John' Subject: RE: Sundial Subdivision Final Plat Report for B-14-07 CC MTG John — I have reviewed the staff report for the proposed Sundial Subdivision Final Plat and agree with all conditions. I will not be able to attend this hearing tonight and am hoping that yourself or someone from your firm can represent Gemstar. Please forward this email to Meridian P&Z Staff to ensure they have on record Gemstar's acceptance of the conditions. Thank you and feel free to call anytime with questions. Scott From: Bilderback, John[mailto:BilderbackJohn@stanleygroup.com] Sent: Thursday, August 09, 2007 4:04 PM To: Scott Noriyuki Subject: FW: Sundial Subdivision Final Plat Report for 8-14-07 CC MTG Importance: High FYI From: Jennifer Veatch[mailto:veatchj@merid!ancity.org] Sent: Thursday, August 09, 2007 3:46 PM To: Tara Green; Will Berg; Sharon Smith; Machelle Hill; C. Caleb Hood Cc: Ted Baird; Bill Nary; Bilderback, John Subject: Sundial Subdivision Final Plat Report for 8-14-07 CC MTG Please find attached the staff report for (lie proposed Sundial Subdivision Final Plat for Genistar Properties (FP-07-022). This item is scheduled to be on the City Council agenda on August 14, 2007. The public hearing will be held at City Hall, 33 E. Idaho Avenue, beginning at 7:00 pm. Please call or e- 8/14/2007 Susan Wildwood, Chartered Attorney -At -Law May 30, 2007 City of Meridian Planning and Zoning Commission and Director 660 East Watertower Lane, Ste 202 Meridian, ID 83642 Post Office Bar 6502 Boise, Idaho 83707 Office. (208) .383-0390 Fax. (208) 343-3756 RE: Application by Gemstar Development, LLC for Approval of an Application to for Approval of a Preliminary Plat for Ten and fifty-seven hundredths (10.57) Acres, Located in Section 2 T2N, R1 W, Boise Meridian, City of Meridian, Idaho Dear Commissioners and Director, I, and Stanley Consultants, Inc., are the representatives for Gemstar Development, LLC (hereinafter Gemstar), which is the contract purchaser of the above referenced real property (hereinafter Property). As noted above the Property that is the subject of these applications consists of approximately ten and fifty-seven hundredths (10.57) acres. This letter is written on behalf of Gemstar as its Narrative supporting its request for approval of the above -referenced application and is submitted with the application, checklist, various exhibits as well as fees in the sum of Two Thousand One Hundred Fifty Dollars ($2,150) per the Meridian Development Application Review Fee schedule effective 9/15/05. Ownership: The property is owned by The John L. Ernest and Annabeth C. Ernest Trust, Gary L. Ernest, Virginia J. Ross and Kathy Kisler. The land was transferred into their ownership by Personal Representative Deed, a copy of which is attached as Exhibit 1 together with their Affidavits of Legal Interest. Description and Location of Property The property is an unimproved parcel located west of Linder Road and South of Ustick Road. It is essentially an infill parcel that is surrounded by other subdivisions. Please see the vicinity map attached as Exhibit 2. The property was annexed into the City of Meridian as part of the annexation for the Turtle Creek Subdivision, but was not platted because of an existing lease for the cellular tower in the center, of the property. At the time of annexation, the property was zoned to R4. Proposed Development The lease for the cellular tower, will terminate not later than 2014 based on an automatic renewal provision in the original lease. The Iot on which the tower, is located cannot be platted as a second phase because of timing requirements under the City ordinances. Because of these site and ordinance constraints, it is not possible to develop the entire parcel with this application. May 30, 2007 Page 2 Instead, Gemstar proposes to develop the outer perimeter lots that can be developed with the center platted as a single lot until the termination of the cell tower lease. Please see Exhibit 3. Phase 1 will consist of thirty (30) residential lots, three (3) common area lots and Lot 23, the large undeveloped Lot on which the cellular tower, is located. Utilities will be stubbed into Lot 23 in preparation for development of that Lot as Phase 2, discussed below. Prior to the expiration of the lease, Gemstar, or its successors, will apply to replat the center lot, which is shown as Lot 23, Block 2 on the proposed preliminary plat to complete the entire development. In order for the City to have a vision of the project at full build out, we have developed a proposed layout for Phase 2, Lot 2.3, BIock 2 on the proposed plat. Please see Exhibit 4. Net and Gross Density, Common Areas as Net Usable Open Space and Lot Sizes Gemstar has calculated the gross and net density with the peculiarities of Lot 23 in mind. Lot 2.3 is approximately one hundred twenty thousand nine hundred twelve (120,912) square feet or two and seventy-seven hundredths (2.77) acres. Inclusion or exclusion results in the following densities: Net Density — excluding Lot 2.3 .3.85 dwellings per acre Gross Density — including Lot 23 2.84 dwellings per acre Common Areas — excluding Lot 23 0.54 acres or 5% of Phase 1 The Common Areas are Lots 4 and 9 of Block 1 and Lot 8 of Block 2. All three Lots are fully landscaped as illustrated on the Landscape Plan Map attached as Exhibit 5. In addition to the tree and turf landscape on each Lot, the following additional amenities are planned: Lot 4: Picnic area with concrete pad including barbecue area and covered shade structure with open walls Lot 9: Combination multi -use sand lot area sized for sand lot volleyball including permanent poles and removable net that can also be used for dual horse shoe pits Lot 8, Block 2 will be planted with turf and trees as illustrated on the Landscape Plan and will provide access into Lot 23. As illustrated on Exhibit 4, when Lot 2.3 is developed, Lot 8 will provide access into the future open -space area planned for Phase 2. Lot Sizes The proposed lot sizes and range are as follows. All of the following exclude Lot 23: Smallest:. 5,103 (Lot 2, Block 1) Largest: 13,701 (Lot 6, Block 1) Average: 8,370 May 30, 2007 — Page .3 The ranges are as follows: 5,000 — 5,999 6,000 — 6,999 7,000 — 7,999 8,000 — 8,999 9,000 — 9,999 10,000—10,999 11,000—11,999 12,000—12,999 1.3,000—13,999 Block I: Lots 1, 2 Block 1: Lots None Block 1: Lot 11 Block 1: Lot 3 Block 1: Lot 10 Block 1: None Block 1: Block 1: Block 1: Block 2: Block 2: Block 2: Block 2: Block 2: Block 2: Lots 5,8 Block 2: None Block 2: Lots 16 and 22 Lots 17 and 20 Lots 1, 3, 9,11 and 19 Lots 4,5,6,7,10,12,15and 18 Lot 13 Lots 2 and 21 None Lot 14 Lots 6, 7 Block 2: None Although the total number of lots in Phase 2 will be smaller, Gemstar projects the same lot range distribution for that phase. Proposed Zoning: The proper ty is currently Zoned R4. As noted on the proposed preliminary plat, the proposed zoning is R-8. As noted above, the lot sizes are above the minimum required for the R4 zone. The basis for the request for the R-8 zoning is that the cell tower site constraints result in Iarger lots, but smaller lot frontage widths. Please see the proposed plat. The proposed lot frontage widths comply with the R-8 zoning. Sewer and Water The project would be served by City of Meridian sewer and water. The proposed layout is illustrated both on the Preliminary Plat as well as the conceptual engineering plans that are submitted herewith. Roads and Access The project would be served by connecting to existing stub streets at either end of the proposed public road that transverses Phase 1 in a circular pattern. The actual street names may be different within the project as required by the City of Meridian. The connecting stub roads are F ieidstream Drive and Whitelaw Drive. The proposed roads are paved public roads, constructed to the City of Meridian public works and subdivision standards with attached sidewalks. Because these are local roads, no special landscaping is required along the roadway and is not shown on the Landscape Plan other than the common area Iots. Although it appears that the actual block length exceeds current standards, Lot 8, Block 2 does provide a break in the block length as a common area access in to Lot 23 to be developed as part of Phase 1 with access into the subsequently developed Lot 23 in Phase 2. The block length from Whitelaw to Lot 8 is five hundred twenty-eight (528) feet and from Fieldstream Drive, it is five hundred and ninety-six (596) feet. This was been reviewed with staff' prior to submission of this application. May 30, 2007 Page 4 Neighborhood Meeting: A neighborhood meeting was held on October 3, 2006. The Notice, proposed lot layout vicinity map, signup sheet/Certification, and mailing labels are attached as Exhibit 6. Conclusion: Gemstar Development respectfully requests that you approve this application for, preliminary plat for the Sundial Subdivision. Very truly yours, Susan Wildwood cc: Client(s); file __IW DAIS: 5/31/2007 PROJECT: Sundial Subdivision Subject: Site Amenities Detail A picnic area will be constructed with a 12'x 12' concrete pad including a barbecue area with post mount grill and a 12'x12' covered shade structure with open walls as illustrated A multi -use sand lot area, sized for sand lot volleyball including permanent poles and removable net that can also be used for dual horse shoe pits. DESCRIPTION FOR SUNDIAL SUBDIVISION NO.2 APRIL 17, 2008 A PARCEL OF LAND BEING A PORTION OF SW 1/4 OF THE NE 1/4 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/ 4 (NORTH 1/ 4 CORNER) OF SECTION 2, T.3N., RAW., B.M., THENCE S 00015'25" W 1367.80 FEET TO THE NORTHWEST CORNER OF THE SW 1/ 4 OF THE NE 1/ 4 OF SAID SECTION 2; THENCE S 00015'25" W 694.15 FEET TO THE NORTHWEST CORNER OF TURTLE CREEK SUBDIVISION NO. 2; ALONG THE BOUNDARY OF TURTLE CREEK SUBDIVISION NO.2 THE FOLLOWING: THENCE S 89012'32" E 105.00 FEET TO A POINT; THENCE N 00015'25" E 12.33 FEET TO A POINT; THENCE S 89050'17" E 155.00 FEET TO A POINT; THENCE N 13035'36" E 70.97 FEET TO A POINT; THENCE N 50044'45" E 28.21 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; LEAVING THE BOUNDARY OF TURTLE CREEK SUBDIVISION NO.2 AND ALONG THE BOUNDARY OF SUNDIAL SUBDIVISION NO. 1 THE FOLLOWING: THENCE N 50044'45" E 37.55 FEET TO A POINT; THENCE N 68044'10" W 60.42 FEET TO A POINT; THENCE N 31 °58'05" W 66.72 FEET TO A POINT; THENCE N 21 °25'43" W 56.04 FEET TO A POINT; THENCE N 04017'09" W 56.04 FEET TO A POINT; THENCE N 12051'26" E 56.04 FEET TO A POINT; THENCE N 32022'07" E 71.36 FEET TO A POINT; THENCE N 51052'47" E 56.04 FEET TO A POINT; THENCE N 69001'22" E 56.04 FEET TO A POINT; THENCE N 86009'56" E 56.04 FEET TO A POINT; THENCE S 76041'30" E 56.04 FEET TO A POINT; THENCE S 55055'50" E 79.39 FEET TO A POINT; THENCE S 33035'56" E 66.21 FEET TO A POINT; THENCE S 15012'01" E 53.99 FEET TO A POINT; THENCE S 10025'44" W 112.27 FEET TO A POINT; THENCE S 39015'15" E 114.71 FEET TO A POINT; LEAVING THE BOUNDARY OF SUNDIAL SUBDIVISION NO. 1: THENCE S 50"44'45" W 105.00 FEET ALONG THE BOUNDARY OF TURTLE CREEK SUBDIVISION NO. 2 TO A POINT; THENCE N 39015'15" W 115.68 FEET TO A POINT OF CURVATURE; THENCE 10.86 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 75.00 FEET, A DELTA ANGLE OF 08017'56", A TANGENT OF 5.44 FEET AND A CHORD BEARING N 35006'17" W 10.85 FEET TO A POINT ON A CURVE; THENCE S 59002'41" W 50.00 FEET TO A POINT ON A CURVE; THENCE 18.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 125.00 FEET, A DELTA ANGLE OF 08017'56", A TANGENT OF 9.07 FEET AND A CHORD BEARING S 35006" 7" E 18.09 FEET TO A POINT OF TANGENCY; THENCE S 39015'15" E 6.39 FEET TO A POINT; THENCE S 05044'45" W 28.28 FEET TO A POINT; THENCE S 50044'45" W 100.12 FEET TO A POINT ON THE BOUNDARY OF TURTLE CREEK SUBDIVISION NO. 2; THENCE N 39015'15" W 110.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. THIS PARCEL CONTAINS 2.94 ACRES, MORE OR LESS. MICHAEL E. MARKS P.L.S. NO. 4998 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9,09 3 B015E @AH01212B106 04:31 PM ' pioneerfifloCo, DEPUTYCalEQUEl RFCO9DE0REOUE570F I(1(ilfilii(lifli[fi11i(II(I11111Ifi'I P None 2002010i9 + R K GOING a8YaN0 �w 8151 W. Rifleman Ave./ Boise Idaho 93704 / (208) 371-2100 a u�1�1' ntlb� WARRANTYDPED:,;:: For Value Received Annabeth C, Emest; Ziustea'bt ha John LEmCsCand Anpabeth .C. Ernest Revocable I iving I'znst established on the 111' day of lnne;-1992, as to an undivided Va fntemi and Gary L. Ernest, a married man dealing with his separato pinparty a9 to aa'undivided 1/0 interest and Virginia 1 Ross and Earl Ray Ross, Wife and Husband, as to an undivided 116`s interest and Katiiy Kisser, au unmarried property as to as undivided 1/6'a interest hereinafter referred to as Grantor, does hereby grant, bargain, sett, wanant and convey unto Gemstar Propertied, L:L;C: heroinafter referred to as Granted, whose current address is 739' $ Bridgcway Ylace, Ste, IbO, Eagle ]D 83616-6096 the following described premises, to -wit SEE EXfIIDrl A ATTACKED HEREM AAID MADEAPAR-r FMRE0F_ T 0 HAVE AND I0Ii0LD the said premises, with 1hciYappuifennnees tmt0 the said Grantee; his heirs and assigns forever. And the said Grantor does hereby cavebant td and with the said Grantee; that.Grantor is the Cwncr in foe simple of eaidpremiscs; that said premises 6 free from all'enarmmbrances except current years taxes, levies, and assessments, and except U.S Patent reservadons;?ostrioeons, easements ofrccord, and easements visible upoa the premises, and that Grantor will warrant and defend the same from all claims whatsoever Dated: December IS, 2006 John L, and Annabeth C. Ernest Revocable Living Trus; established on the l I th day of June,1992 G7'" ""�'t �G!'1 •y7�Yi Annabarb C. Ernest, Trustee �i. Gary eat See attached acknowledgements ACI(NOWLEDGMENT .Individual STATE OF _10a5ntei94-0Y» Countyof ��t.tr'S-�nri as On this 89.744" , day of _be'_P tnn � p�December , in the year of 2006 _ , before me The Undersigned a notary public, personally appeared Gary L. Ernest known or identified to me to be the person whose name is subscribed to the within irl;jsufatiEffp&gQ Acknowledged to me that he executed the same M Totary Public: ' esidingAt: .,tee (a-iy m® Commission Expires: 30-0 , ACKNOWLEMAi>rCIP"Tridiv[dua) q \ STATE OF 1,Jd1,&A jg kj , County of On this � i 17 day of _ _ nnrPmhPr in the year of 2n06 before me ----- ---- --- 7hP TTnr1PTg; gaPa a notarypublic personally appeared _• � known or identified tome to be the person .whose name t a _- subscribed to the within iR}re�knowledgcd to ma that a he executed the same. 7 Mary Public: Qesiding at; ACKNOWLED fOM> NT • Individual SIAT E OF IN c'1 ��LLvt c,"8yt County ofas lr'LCa n n�'A r�,i On this_e)-7'1t"A day of - December , in the year of 2006 before me -_ The Undersigned a notary public. personally appeared Virginia J. Eoss -&�- n ,f f-f— kmwn or identified to me to be the person whosename s are _T subscribed to the within instrument, and acknowledged to me that _. t he y executed the same oapeas9 ufip6' Notary Public:{, 0 its A N ' Residing at: eo' «_ `Commission Expires: (D 3 O O 91 )'r • ,' 2 ACKNOWLEDGMENI - Fiduciary/Official STATEOF UjCt_.Sh // 1 �DJL , County of s Onthis. /"�Idayof December 2006 in the year of ,before me The nr grsiened --,a notary public personallyappeared _ Aunabeth C. Ernest latoNvn -or- ids jifYd aton,,gie to be the. person .whose name is subscribed to the -within instrument -as and acknowledged to me that sbe executed the same as such d� 2 Notary public: C Residing at:,i i/_-- ti , My Commission Expires: _ fn - 3 0 -c4 `gee,,;. ['r?'l�c+•-•.-; °U�t�41luuRpSL�=' U, �9e EDIT A: Aparcel ofland being apiimcn- ofthe SW k oftheNE'/•. of S'ecdbn2,'IowiLsHp3Noi%Range 1 West, Boise Meridian, City of Meridian, County ofAde,.State ofIdeho, being more particularly described as follows: BEGINNING at a found 5/8" iron pin monamenting the centy of North I116'e corner ofsuid. Section 2, the REAL FOM OF BEGINNINQ, frozqwbleh the.N ti• of said sections bears North 00'15'35" East 1368 30 feet', Thence along the proposed exterior boundary the following courses: South 99*17 36" East 706.76 feet Thence South 00'20'16" East 105.02 feet; Ibenco South 89'17'39" East 55 66 feet Thence South 03'20' D8" East 50.15 feet; Thence South 00'42'24" West 66 71 feet Ihence South 60'40'50" West 81 15 feet; Ihence South39115'15"East 110,00 feet Thence South 50'44'45" West 36 34 feet Iheaca 177.45 feat along a carve to the rigb% having a ceaxaT arigla of49'S9'42", a radius of 20 00. fee% and a long chord bearing of South 75'44'36" West I6.90 feet; Thence 163 32 feet along a curve to the left, having a central angle of 18 7'09'04", arsdius of 50 00 feat and a long chord and bearing of South 07'D9'55" West 99 81 feet; Thence South 03'15'IS" Fast 122.91 feet', Thence South50144'45" West 43..75 feet; Thence North 39*17'14" West 71.81 feet; Ihence South 50a44'45" West 105 00 feet; Thence North 39'15'15" West 30.18 feet Ihence 166.49 feet along a non -•tangent curve to the left having a central angle of 182'52'56,% a radios of52.26 feet, and a long chord and bearing of North 89'29'IT' West I04,29 feet; Thence IS 04 feet along a curve to the right, having a central angle of 51'40'30", a radius of 20.DD feat, and a long chord of and bearng of South 24'54'30" West,17 43 feet, Thence Sou12r 50'44'45" West 74.27 feet (formerly 7155 feet); Thence North 39'15'15" West 110.00 feet; Thence South 50'44'45" West 28 21 feet Ihence South 13'35'36" West 7097 feet ThenceNorth 89'50'IT' West I55.00 feet; Thence South 00'15'25" West I2.33 feet thattca North 89'12'32" West 105.00 feet Ihence North 00'15'25" East 694.15 feet to theREAL POINT OFBEGR4104G. 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 500 2 s BOISE IDAHO 12/25J05 04:34 PM n YT DEPUTY OallOarrell RECORDED -REQUEST OF lfl illl[Illlillllllt(IIII1111![I li IIl ' - FfDneer 1062e1021 i s' GD1N0 BEYM 8151 N.RiiemanAve /13oise,Idabo 837641(208)377-2700 QUITCLAIM DEED t'e 270651 For Value Received t•, Antiabedt C. Emest, an unmarriedpe*h, de her �YconyeSreles4 mise and forevequitclaim uato ` •� �? , cmnff W 2roperdes,L.LC, s X.A. whose Address is cS. B1^i�e. (�J , the following dumbed premises, to wit: : c� SE8 E7HIMII A ATTACHED iiEnro AND MADE APART RIRRECF- . - , r• s. together with their appurtenancrs. h: ,/•�, ; Dated: December22, 2006 Amabeth C. &ncst S IAIE OF �, County of l l4 S'LM».ss. On ibis o? jay of December, in the year of 2006, before me Flre Undersigned, notarypublic personally appeared Annobeth C. Ernest known or identified tome to be the person/peisons whose name Ware subscribed to the within instrument, and sc3mowledged to me that halshchbey exeautcd the same. pt�R�4CC5000bG8C99p W� RLS n Notary Nblia of Idaho _ Residing 0e1"9R�XPires 6. :o Fi}r.H1BIT A ] -71 Aparcel of land being a portion of the Sw Y4 of the NE'/< of Section 2F Taw$ship 3 Norih; lteugE 1 West; Boise Meridian, City of Meridian, County of Ada, State ofldabe,. cog more•partimilarly descii6ed as follows: BEGIIZNMC; at a found 518" iron pin aionumenting the center ofN6ltli.1110h't caner of saidSectloa 2, the . 1tEAL POINT OF BBGINNING, from which theN Y, ofsaid sections!b North 00°15'35" Edst 1368 30 feed Thence along the proposed exterior boundary the foUowing courses: South 89'1T36"East 706.76hot; Thence South 00°20'16" East 105,02 feet;' Thence South 89' 17'39" East 55 66 feeg ' Tbenee Sout4 03'20'08" East 50.15 feet Tbouco South 00°42'24" West 66.71 fact; .'' ' Ihence South 60140'50" West 81.15 £eeli s • ' Thence South 39°15' 15" East 110,'00 feet; x Ihence South50'44'45•' We93634 feat; Ihence 17.45 feat along n curve to the right having a central eagle of 49'S9.42 . a iodine of20':00 feel, and a long chord bcnring of South 75'44'36' West 16 90 fect; Thence 16332 feet along a curve to the left, having a central angle of 187109.'04", a radius ef.5U.00 feet, and a long chord and bearing of South 07'09'55" West 9931 feet; Thence South 03°I5'15" East 12291 feog Ihence South 50°44'45" West 43..75 feet;' Ihence North 399 7'14" West 71.81 feet; Ihence South 50°44'45" West 105.00 feet; Ihence North 39°15'15" West 3018 feet Thence 166:49 feet along a non -tangent curve to the left, having ccutral•nngle of 182152'36",'a radius of . 52.16 fee4 and a long'chord and bearing ofNerth 89'29'I7" West l04'M feet; Thence 18 04 feet along a curve to the right, having a central angle of 5I"40'30" , a radius of 20.00 feet, and - a Iong chord of and bearing of South 24... 54'30" West 17.43 feet, Thence South 50°44'45" West 74.27 feet (formerly 7155 feet); Ihence Nor'th39°15'15" West 110,00 feet; Thence South 50'44'45" West 28 21 feet; Ihence South 13°35'36" West 7097 feet; Thence North 89'50' 17" Weal 155.00 hal; ' t Thence South 00°15'25" West 12.33 feat; ?' ' Thonce North 89°12'32" Ar a* 105.00 fear; Ihence North 00°15'25" East 69415 feet to the REAL POINI OF BEGINNING • � tri IT t ? wr;' RECORDATION REQUESTED BY: WASHINGTON TRUST BANK SOUTHERN IDAHO REGION BUILDER SERVICES 13570) 3251 E. PRESIDENTIAL DRIVE MERIDIAN, ID 83642 6009 WHEN RECORDED MAIL TO- WASHINGTON TRUST BANK SOUTHERN IDAHO REGION BUILDER SERVICES 13570) 3251 E. PRESIDENTIAL DRNE MERIDiAW ID 83842.6009 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 2100 7 BOISE IDAHO 12126/08 04:34 PM DEPUTY D0811 -RI FS[!11([l1[[1►[Ulli!I[iI[[11[11111[[ll REDORDED-flEOUEST OF Planeer 106201022 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated December 15, 2006, among Gemstar Properties, L.L..C., an Idaho Limited liability Company, whose address is 738 S. Bridgeway Place, Suite 100, Eagle, ID 83616-6096 ("Grantor"); WASHINGTON TRUST BANK, whose address is SOUTHERN IDAHO REGION BUILDER SERVICES 13570), 3251 E. PRESIDENTIAL DRIVE, MERIDIAN, ID 83642-6009 (referred to below sometimes as "Lander" and sometimes as "Beneffofary"); and Pioneer Title Co, of Ada County, whose address is 13151 W. Rifleman Avenue, Boise, ID 83704 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby Irrevocably grant, bargain, sell and convey In trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, lWa, and interest In and to the following described tea] property, together with all existinb or subsequently erected or affixed buildings, Improvements and ffxturas; an easements, rights of way, and eppurtenancas; all water, water rights and ditch rights (including stock In utilities with ditch or Irrigation rights); and all other rights, royaltles, and profits relating to the real property Including without limitation all minerals, oil, gas, geothermal and sinvlar matters, (the Real Property") located in Ada County, State of Idaho: See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust as If fully sat forth herein.. The Real Property or its address Is commonly known as NA, 30 proposed lots to be known as Sundial Subdivision in Meridian, Ada County, Idaho, Meridian, ID.. CROS"OLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lander, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related of druelatad to the purpose of the Nola, whether voluntary or otherwise, whether due or rtat due, direct or bidiract, determined or undetermined, absolute or contingent, liquidated or unllquidsted, whether Grantor may be gable individually or Jointly with others, whether obligated as guarantor, surety, accommodation parry or otherwise, and whether recovery triton such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to lender (also known as Beneficiary In this Deed of Trust) all of Grantor's right, title, and interest In and to all present and future loas3z of the Property and all Rents from the Property in addition, Grantor grants to tender a Uniform Commercial Code security interest in the Personal Property and Rents THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GfVEN TO SECURE (AJ PAYMENT OF THE INDEBTEDNESS AND 13) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE, Except as otherwise provided In this Dead of Trust, Grantor shall pay to Lander all amounts secured by this Deed of Trust as they become data and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents POSSESSION AND MAINTENANCE OFTHE PROPERTY. Grantor agrees that Grantor's possession end use of the Property shall be governed by the following provisions; Possession and Use, Until the occurrence of an Event of Default Grantor may 11) remain In possession and control of the Proparty; (2) use, operate or manage the Property; and 13) colact the Rents from the Property, The following provisions relate to the use of the Property of to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY 140) ACRES IN AREA OR iS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE . Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements and maintenance necessary to preserve its value Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on at to the Property or any portion of the Property. Without nmhing the generality of t)ta foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber minerals (including oil and gas), coal, clay, scoria soli, gravel or trick products without Lender's pilot written consent Removal of improvements, Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lander to replace such Improvements with Improvements of at least equal value Lender s Right to Enter. Lender and Lender's agents and ropresentativae may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to Inspact the Real Properly for purposes of Grantor's compaanca with the terms and conditions of this Deed of Trust Compliance with Governmental Requirements. Grantor shall promptly comply w)th ap laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the Americans With Disabilities Act. Grantor may contest In goad faith any such iP' ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, se tang as Grantor has naTiilad Lander In writing prior so and so fang as, In Lender's sole opinion, Lander's Interests In the Property are not Jeopardized Lander may require Grantor to postor to dadequate security of a surety bond, reasonably satisfactory to Lender. to protect Lender's Interest Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall 00 al! other acts, in additon to those acts sat forth above in this section which from the character and use of the Property are reasonably necessary to protect and preserve the Property DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare Immediately due and payable all -sums "cured by`.hts Deed at Trust upon the sale or transfer, without Lender's prior written consent, of an or any part of the Real Property, or any interest In the Real Property. A 'sale or transfer' means the conveyance of Real Property or any right title at interest in the Real Property; whather legal, beneficial or equitable; whether voluntary or Involuntary; whether by outright sale, dead, installment safe contract, land contract contract for deed, leasehold Interest with a term greater than three (3) years; lease -option contract, of by sale, assignment, or transfer of any beneficial interest In or to any land trust holding title to the Real Property, or by any other method of conveyance of an Interest In the Real Property. It any Grantor Is a corporation, partnership or limited liability company, transfer also includes arty chingp In ownership of more than p::pnty-fivs.percant 125%) of the vdting stock, Par intereYs or limited liability company interests, as the case may be. of such Grantor However. this option shall not DEED OF TRUST (Continued) Page 2 be exercised by Lender it such exercise is prohlbltad by .federal law or by Idaho law TAXES AND LIENS.. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due land ;n all events prior to eallnquenoy) all texas, special taxes, assessments, charges llncluding water and sewer), fines and Impositions levied against or on account o1 L`ta Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lander under this Dead of Trust, except for the Bien of taxes and assessments not due and except as otherwise provided In TNa Deed of Trust Right to Contest_ Grantor may withhold payment of any tax assessment, or claim in wnrtacdan with a good faith dispute over the obligation to pay, so long as Lender s Interest in the Property Is not Jeopardized. If a lien arises or Is filled as a result of nonpayment, Grantor shall within fifteen il5) days after the Bien arises or, If a Ilan Is filed, within fifteen 115) days after Grantor has notice of the filing, secure the discharge of the lien, it If requested by Lander, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the Hen in any contest, Grantor shall defend Itself and Lender and shall satisfy any adverse judgment before enforcement against the Property Grantor shall name Lender as an additional obliges under any surety bond furnished in the contest proceedings Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property Notice of Construction. Grantor shall notify Lender at least fifteen 05) days befoie any work is commenced, any services are furnished, or any materials are suppned to the Property, It any machanic's Han, materialmon's Ben, or other lien could be asserted an account of the work, services, or materials. Grantor wM upon request of Lender furnish to Lander advance assurances satisfactory to Lender that Grantor can end will pay the cost of such Improvements PROPERTY DAMAGE INSURANCE The following provisions relating to Insuring the Property are a part of this Deed of Trust Maintenance of insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lander. Grantor shall also procure and maintain comprehensive general Liability irisurence in arch coverage amounts as Lender may request with Trustee and Lander being named as additional insureds In such Liability insurance policies. Additionally, Grantor shell maintain such other Insurance, Including but not Limited to hazard, business Interruption, and boiler insuience, as Lander may reasonably require. Policies shag be written In form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lander, will deliver to Lender from time to time the policies or certificates of Insurance In form satsfactory to Lander, including stipulations that coverages will hot be cancelled or diminished without at least thirty (30) days prior written notion to Lender. Each Insurance policy also shalt inetude an endorsement providing that coverage In favor of Lender will not be impalred In any way by any act, omisslon or default of Grantor or any other person. Should the Red Property be located in an area designated by the Director of the Fedora) Emergency Management Agency as a special rood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days attar notion, Is given by Lander that the Property is located in a special flood hazard area, for the full unpaid principal balance or the loan and any prior Ilona on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender and to maintain such insurance for the term of the loan Appk4tlon of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lander may make proof of loss if Grantor fells to do so within fifteen (15) days of the casualty. Whather or not Lender a security Is impaired, Lander may, at Lander's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the indebtedness, payment of any lien affecting the Properly, or the restoration and repair of the Property. If Lander elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner aatlsfactory to Lander, Lender shall, upon satsfactary proof of such expendlture, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor Is not In default under this-Oaad of Trust. Any proceeds which have not been disbursed within 160 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lander under this Deed of Trust, than to pay accrued interest, and the remainder, if arty, shall be applied to the principal balance of the Indebtedness If Lender holds any proceeds after payment in full of the indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear Grantor a Report on ktstrance. Upon request of Lander, however not more than once a year, Grantor shall furnish to Lander a report an each existing policy of Insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; t4) the property insured, the than current replacement value of such property, and the manner of determining that value; and 15) the expiration data of the policy. Grantor shall, upon request of Lander, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's Interest in the Property or if Grantor falls to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Deed of Trust or arty Related Documents, Lander on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems approprlats, including but not limited to discharging or paying aLi taxes, liens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property. AD such expenditures Incurred or paid by Lander for such pwposes will then bear Interest at the rate charged under the Note from the data Incurred or paid by Lender to the data of repayment by Grantor. All such expenses will became a part of the indebtedness and, at Lender's option, wig (Al be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either 0) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated Be a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts Such right shag be in addition to all other rights and ramedles to which Lender may be entitled upon Default WARRANTY: DEFENSE OF TITLE The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good end marketable title of record to the Property In fee simple, tree and clear of all liens and encumbrances other than those sat forth In the Real Property dascription or in any title Insurance policy, title raparL or final this opinion issued in iavor of, and accepted by, Lander In connection with thfa Deed of Trust and fib) Grantor has the full right, power. and authority to execute and deliver this Deed of Trust to Lander Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all parsons. In the event any action or proceeding Is commanced that questions Grantor's title or the Interest of Trustee or Lender under this Deed of Trust, Grantor shag defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation Compliance With Laws, Grantor warrants that the Property and Grantor a use of the Property complies with all existing applicable laws, ordinances, and regutatlons of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Dead of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing In natureand shall remain In full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Dead of Trust: - -- - -- - - - - Proceadiogs. If any proceeding In condemnation Is riled, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deriver or cause to be delivered to Lander such Instruments and documentation as may be requested by Lander from tine to time to permit such participation Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at Its election require that all or any portlon of the net proceeds of Lha award be applied to DEED CF TRUST (Continued) Page 3 the indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award attar payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or tender in connection w'r,h the candemnaT'.on. )MPOSnMN QF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES The following provision relating To governmental taxes fees and charges are a part of this Dead of Trust: Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall exacuto such documents In addition to this Deed of Trust and take whatever other action is requested by Lander to perfect and continua Lander's Ben on the Real Properry. Grantor shall reimburse Lender for am taxes, as described below, together with all expenses Incurred in recording, perfecting or cantfnuing this Deed of Trust, including without [Imitation all taxes. leas, documentary stamps. and other charges for retarding or registering tNs Deed of Trust. Taxes. The following shall constitute taxes to which this section appflas: (1) a specific tax upon this type of Deed of Trust or upon an or any part of the Indebtedness secured by this Deed of Trust; (2) a spsc;fic tax on Grantor which Grantor is authorized or required To deduct from payments on the Indebtedness h1s secured by this type of Deed of Trust; (3) a tax on ttype of Deed of Trust chargeable against the Lender or the holder of the Not"; and (4) a specific tax on all at any portion of the Indebtedness or on payments of principal and Interest made by Grantor Subsequent Taxes. H any tax to which this section appllas 13 enacted subsequent to the data of this Deed of Trust, this event shall have the same affect as an Event of Default, and Lander may exercise any or elf of its available remedies for an'Event of Default as provided below unless Grantor either 11) pays the tax before it becomes delinquent, or (21 contests the tax es provided above In the Taxes and Wens section and depoafte with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender SECURITY AGREEI VENT; FINANCING STATEMENTS The following provisions relating to this Ceed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement, This Instrument shag constitute a Security Agreement to the extent any of the Property consdrutes fixtures, and Lander shall have all of the rights of a secured parry, under the Uniform Commercial Code as amended from time to time Security Interest, Upon request by Lander, Grantor shall take whatever action Is requested by Lender to perfect and continue Lender's security interest In the Rents and Personal Property, In addition to recording this Deed of Trust In the real property records, Lender may, at any time and wttfncut further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expanses incurred in perfecting or continuing this security Interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not 4Ifixed to the Property In a manner and at a place reasonably convenient to Grantor and Lender and make It available to Leader within three 13) days after receipt of written demand from Lender to the extent permitted by applicable law Addresses The malting addresses of Grantor (debtor) and Lender fsecured party) from which Information concerning the security interest granted by this Deed of Trust may be obtained leach as required by the Unlfarm Commercial Code) are as stated an the first page of this Dead of Trust FURTHER ASSURANCES, ATTORNEY-UJ-FACT The following provisions relating to further assurances and attorney-fndect are a pert of this Dead of Trust: Further Assurances, At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, axeeuted or delivered, to Lander or to Lender's designee, and when requested by Lender, cause to be fgad, recorded, rallied, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem eppropdate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, certificataa, and other documents as may, in the sole opinion of Lender, be necessary or desirable In order to affactuate, complete, perfect, continua, or preserve 17) Grantor's obngatione under the Note, this Deed of Trust, and the Related Documents, and (2) the [fens and security Interests created by this Deed of Trust as first and prior Ilene on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all casts and expanses incurred In carinaction with the matters referred to in this paragraph. Attomay-In-Fact, If Grantor fells to do any of the thhga referred to In the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably appoints Lender as Grantor's attorney-In•fact for the purpose of making, executing, delivering, filing, recording, and doing all other tltfngs as may be necessary or desirable, in Lander's sale Opinion, TO aceompllsh the matters referred to In the preceding paragraph FULL PERFORMANCE. If Grantor pays elf the Indebtedness when due, and otherwise performs all the obllgalfons Imposed upon Grantor under this Deed of Trust. Lander shell execute and deliver to Trustee a request for full recomreyanee and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security Interest in the Rents and the Personal Property Any reeonveyance fee required by law shall be paid by Grantor, It permitted by applicable low EVENTS OF DEFAULT. Each of the following, at Lender's option. sha@ constitute an Event of Default under this Deed of Trust: Payment Defauft Grantor falls to make any payment when due under the Indebtedness.. Other Oafaufts. Grantor fella to comply with or to perform any other term, obligation, covenant or condlilon contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lander and Grantor. Compliance Default. Failure to comply with any other term obligation, covenant or condition contained in this Deed of Trust, the Note or In any of the Related Documents Default on Other Payments, Failure of Grantor within the time required by this Dead of Trust to make any payment for taxes or insurance, or any other payment nscessary to prevent filing of or to effect discharge of any lien Envronmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained In any environmental agreement executed In cannectlon with the Property Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect env of Grantor's property or Grantor's ablllty, to repay the Indebtedness or perform their respective Obligations under this bead of Tn],st or any of the Related Documents False Statements_ Any warranty, representation or statement made or furnlshad to Lender by Grantor or an Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, etcher now or at the time made or furnished or becomes raise or misleading at any time thereafter Defective Callataralizatlon This Deed of Trust or any of the Related Documents ceases to be In full force and effsot flncluding tallure of any collateral document to create a valid and perfected security Interest or [Jan) at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether alsctfon to continue Is made), any meaaber withdraws from the limited liability company, or any Other termination of Grantor's existance as a going business or the death of any member, iha Insclvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, Or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantcr Creditor or Forfeiture Proceedings. Commencement of forsclasure or forfeiture proceedings, whether by judicial proeecdutg, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property scouring the )ndsbtedness, This includes a garnishment of any of Grantor's accounts, Including depastt accounts, with Lender, However, this Event of Default shall not apply if there Is a good faith dispute by Grantor as to the validity of reasonableness of the clelm which is the bails of the --creditor or forfeiture proceeding and If Grantor gives Lander written notice of the creditor or forfeitura proceeding and deposits with Lender - - - - -- monies or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement Any broach by Grantor under the terms of any other agreement between Grantor and Lander that is net remedied within any grace period provided therein, Including without limitation any agreement corcarning any Indebtedness or other obligation of Grantor to Lander, whether existing now or later Events Affecting Guarantor, Any of the preceding events occurs with respect to any guarantor, endorser, sursty, of accommodation party of any of the Indebtedness or any guarantor endurser surety or accemmocat(on party dies or becomes incompetent or revokes or DEED of TRUST' (Continued) Page 4 disputes the validity of, or Rability, under, any Guaranty of the Indebtedness, In the event of a death, Lander, at Its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and in doing so cure any Event of Default. Adverse Change. A material adverse change occurs In Grantor s P.nancial condition. or Lender believes the prospect of payment or performance of the Indebtedness Is Impaired. htaecurity Lender in good faith believes Itself insecure. Right to Cure. If any default other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, It may be cured If Grantor, after receiving written notice from Lender demanding cure of such dafauft. (t) cures the detauft within thirty (30) days; or (2) If the cure requires more than thirty 130) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cue the default and thereafter continuea'and completes all reasonable and necessary steps sufficient to produce compliance as socn as reasonably practical RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trust, at any time thereafter, Trustee or Lender may exercise any oris at more of the following rights and remedies: Notice of Default. In the Evart of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of Lender's efeation to cause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded in the office al the recorder of each county wherein the Real Property, or any part thereof. Is situated. Election of Remedies, Election by Lander to pursue any remedy shall nat exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust. after Grantors failure to perform, shell not affect Lender's right to declare a default and exercise Its rom illes Accelerate Indebtedness. Lender shall have the right at Its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, Including any prepayment penalty which Gramor would be required to pay. Foreclosors. Nth respect to all or any part of the Rest Property, the Trustee shall have the right to foreclose by notice and sale, and Lander shall have the right to foreclose by judicial foreclosure, in either case In accordance with and to the hull extent provided by applicable few UCO Remedies.. With respect to all or arty part of the Personal Property, Lander shall have all the rights and remedies of a secured party under the Uniform Commercial Code Collect Rents. Lander shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the not proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lander may require any tonant or other user of the Property to make payments of rant or use fees directly to Lender. If the Rents are collected by Lender, then Grantor Irrevocably designates Lander as Grantor's attorney -In -fact to endorse Instruments received In payment thereof in the name of Grantor end to negotiate the same and colloct the proceeds. Payments by tarmts or other users to Lender In response to Lender's demand shag satisfy the obligations for which the payments we made, ivhethar or not any proper grounds for the demand existed Lander may examine its rights under this subparagraph either in person, by agent, or through e receiver, Appoint Receiver.. Lander shag have the right to have a receiver appointed to take possession of all or any part of the Property, with the Power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cast of the receivership, against the Indebtedness. The receiver may serve without bond H permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substomial amount. Employment by Lander shall not disqualify a parson from serving as a receiver Tenancy at Sufferance. It Grantor remains in possession of the Property after the Property is sold as provided above or Lander otherwise becomes antltied to possession of the Property upon default of Grantor, Grantor shall become a tenant st sufferance of Lander or the purchaser of the Property and shelf, at Lender's option, either 11) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies Trustee or Lender shag have any other right or remedy provided In this Deed of Trust or the Note or available at law or In equity Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property at of the Ume after which any private sale or other Intended disposition of the Personal Property is to be made. Reasonable notion shall mean notice given at least tan i10) trays before the time of the sale or disposition Any sale of the Personal Property may be made In conjunction with any sale of the Real Property. Sale of the Property, 7o the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising [is rights and remedies, the Trustee Or Lender shall be free to sell all or any part of the Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any public sale an all or any potion of the Property. Notice of sale having bean given as than required by taw, end not less then the time required by law having elapsed, Trustee, without demand on Grantor, shalt sell the property at the time and place fixed by it In the notice of said at public auction to the highest bidder for cash In lawful money of the United Staias, payable at time of sale. Trustee shag deliver to the purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or Implied. The recitals In such deed of any matters of facts shall be conclusive proof of the truthfulness Of such matters of facts._ After deducting all costs, fees and expenses of Trustee and o1 this Trust, Including cost of evidence of this and reasonable attorneys' fees, including those In connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, rat than repaid with Interest thereon as provided In this Dead of Trust; (b) all Indebtedness secured hereby; and Jai the remainder, If any, to the person or persons Iagatly entitled thereto Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Dead of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action Is Involved, and to the extent not prohibited by law, all reasonable expenses Lander Incurs that In Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shop bear interest at the Note rate from the date of the expenditure until repaid. Expanses covered by this paragraph Include, without limitation, however subject to any limits under applicable law, Lender's reesonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including reasonable attorneys' leas and expenses lot bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunctfonl. appeals, and any anticipated post -judgment collaction services, the cost of searching records, obtaining this reports (Including foreclosure reports), surveyors' reports, and appraisal fees, tide Insurance, and fees for the Trustee, to the extent Permitted by applicable law Grantor also will pay any court costs, In addition to elf other sums provided by law Rights of Trustee., Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE The following provisions relating to the powers and obligations of Trustee are part of this Dead of Trot, Powers of Trustee. In addition to all powers of Tnrstea arising as a matter of law, Trustee shag have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join In preparing and riling a map or plat of the Real Property, Including the dedication of streets or other rights to the public; (b) join In granting any easement or creating any restriction on the Real Property; and iai join in any subordination or other agreement affecting this Dead of Trust or the interest of Lender under this Deed of Trust. obligations to Notify. Trustee shag not be obligated to notify any other party of a pending sale under any other trust deed or lion, or of any — - - action or proceeding in which Grantor Lender, or Trustee shall be a party unless ilia action or proceeding fs brought by Trustee Trustee. Trustee shag meet an qualifications required for Trustee under applicable law. In addition to the rights and remedies sat forth above, with respect to all or any part of the Property, the Trustee shalt have the right to foreclose by natce and sale, and Lender shall have the right to foreclose by judicial foreclosure, In either case in accordance with and to the full extent provided by applicable law Successor Trustee. Lander, at Lender a option, may from time to time appoint a successor Trustee to any Trustee appcinted under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the reccrder of Ada County, State at Idaho. The instrument shall contain, in addition to all other matters required by state law, the names of the original lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the rama and address of the successor trustee and the instrument DEED OF TRUST (Continued) Page 5 shall be executed and acknowledged by Lender or Its successors in interest. The successor vustea, without conveyance of the Property, shall succeed to all the title,.power. and duties conferred upon the Trustee In this Deed of Tnret and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution NOTICES. Any notice required to be given under this Deed of Trust, Including without limitation any notice of default and any notice of sale shall be given 'ln writing, and shall be effective when actually delivered, when actually received by telefacsimile !unless otherwise required by lawl, when deposited with a nationally recognized overnight courier or, If malted, when deposited in the United States mail, as frst class, cartifed or registered mall postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any Dan which has priority over this Dead of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any parry may change Its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes, Grantor agrees to keep Lander Informed at ell times of'Grantor's current address. Unless otherwise provided or required by law If there is more than one Grantor any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MAINTAINENCE OF CASUALTY INSURANCE, If Grantor at any time fails to obtain or maintain any insurance as required under this Dead of Trust or any Related Documents, Lander may (but shall not be obligated to) obtain such Insurance as Lender deems appropriate Including if Lander so Chooses "single interest Insurance,' which wig cover only Lender's Interest in the Collateral AFFIRMATIVE COVENANTS. If the Property is used for purposes other than Grantor's residence Grantor covenants and warrants that as long as this Dead of Trust or any Related Documents remain In effect, Grantor will: Nauss of Claims and Litigation Promptly inform Lander In writing of 11) a9 material adverse changes In Grantor's or the Property's financial condition, and 121 all existing and all threatened litigation, claims, Invastigatlons, administrative proceedings. or similar actions affecting Grantor or Property which could materially affect the Dnanclal condition of Grantor or the Property SURVIVAL OF REPRESENTATIONS AND WARRANTIES. Grantor understands and agrees that in extending Loan Advances, Lander Is relying on all representations, warranties, and covenants mods by Grantor In this Dead of Trust or in any certificate or other Instrument delivered by Grantor to Lander under this Deed of Trust or any Related Documents, Grantor further agrees that regardless of any investigation made by Lander, all such representations, warrantea and covenants will survive the extension of Loan Advances and delivery to Lander of any Related Documents, shall be continuing In nature, shall be deemed made and redated by Grantor at the time each Loan Advance is made, and shell remain In full force and effect und! such time as Grantor's of Borrower's Indebtedness shall be paid In full, or until this Deed of Trust or any Related Documents shag be terminated, whichever Is the last to occur MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust: Amendments. This Dead of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the panics 0e to the Matteis set forth in this Dead of Taut No alteration of at amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment Annual Reports. If the Property Is used for purposes other than Grantor's rasidertca, Grantor shall furnish to Lander, upon request, a cartiRad statement of net operating Income received from the Property during Grantor's previous fiscal year In such farm and detail as Lender shall require. "Net operating income' shalt mean all cash receipts from the Property lass all cash expenditures made in connection with the operation of the Property Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust Merger. There shall be na merger of the Interest or estate created by this Dead of Trust with any other interest or estate In the Property at any time held by or for the benefit of Lander in any capacity, without the written consent of Lender. Governing law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Idaho without regard to Its conflicts of low provisions This Deed of Trust has been accepted by Lander In the State of Idaho choice of Venue.. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the Jurisdiction of the Courts of ADA County, State of Idaho. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver fs given In writing and signed by Lander. No delay or emieslon on the part of Lender In Exercising any right shall operate as a waiver of such right of any other right. A waiver by Lender of a provision of this Dead of Trust shalt not prejudice or constitute a welvar of Lender's right otherwise to demand strict compliance with that provision or any athar provision of this Deed of Trust No prior welver by Lender, nor any course of dealing between Lender and Grantor. shad constitute a WEIVer of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lander is required under this Deed of Trust, the granting of such consent by Lander In any Instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. SeverahMt7 H a court of competent jurlsdiction finds any provision of th!s Deed of Trust to be Illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision Illegal. Invalid, or unonforceabfs as to any other circumstance. If feasible, the offending provision shall be considered modified so that I becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Dead of Trust Unless otherwise required by law, the illegality, fnvafldhy, or unenforceab4ity of any proviston of this Deed of Trust shall not effect the legality, validity or enlorceabinty of any other provision of this Deed of Trust Successors and Assigns, "Subject to any Dmliations'statad in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and Inure to the benefit of the parties, their successors and assigns_ If ownership of the Property becomes vested in a parson other then Grantor, Lander, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obllgatfans of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence Time Is of the essence In the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rfnhts and benefits of the homestead exemption Iwu,a of the state of Idaho as to e6 Indebtedness secured by this Deed of Trust DEFINITIONS. The following capitalized words and terms shell have the fallowing meanings when used in this Dead of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used in the singular shall Include the pltvat, and the plural shall Include the singular, as the context may require, Words and terms not otherwise defined In this Dead of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code; Benaflcfary The word Beneficiary' means WASHINGTON TRUST BANK, and Its successors and assigns Barrowar. The word 'Borrower" means Gemstar Properties t t .0 end Includes all co-signers and cc makers signing the Note and all their successors and assigns Deed of Trust. The words 'Deed of Trust' mean this Deed of Trust among Grantor, Lander, end Trutea, and Includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents Default. The word Default' means the Default set forth in this Deed of Trust in the section titled 'Default' Event of Default. The words 'Evant of Default' mean any of the events of default set forth In this Deed of Trust 1i the events of default section of this Deed of Trust. Grantor.. The word 'Grantor' means Genstar Properties., LL C .. ._.. ... Guaranty, The word "Guaranty' means the guaranty from guarantor, endorser. surety, or accommodation party to Lender including without limitation a guaranty of all or part of the Note improvements.. The word 'Improvements' means all existing and future improvements, buildings, structures, mobils homes affixed on the Real Property. facilities. additions, replacements and other constructlon on the Real Property Indebtedness, The word 'indebtedness' means all principal, interest, and other amounts, costa and Expenses payable under the Note or Rafa[ed bacumems; together with all renewals of extensions of, modltications of eonsolidatlans of and substitutions for the Note or DEED OF TRUST (Continued) Page 6 Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together wl'.h Interest on such amounts as provided In this Deed of Trust. Specifically, without Ilmhation. Indebtedness imfudes all amounts that may be indirectly secured by the Cross-Collaterarizatlon provision of this Dead of Trust tender The word 'Lender" means WASHINGTON TRUST BANK Its successors end assigns Note. The word "Note" means the promissory note dated December 15, 2006, In the original principal amount of $1,969,900.00 from Grantor to Lander, together with all renewals of extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE Personal Property. The words 'Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or atflxad to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property Property The word 'Property' means coltactively the Real Property and the Personal Property Real Property. The words "Real Property' mean the real property, interests and rights, as further described In this Deed of Trust, Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments. agreements and docurnams whether now or hereafter existing executed In connection with the Indebtedness Rents. The word 'Rents' means all present and future rents revenues, Income, Issues, royalties, prolita, and other benefits derived from the Property Trustee. The word 'Trustee' means Pioneer Title Co, of Ada County whose address Is 8151 W Riflemen Avenue, Bclse, to 83704 and any substltuts or successor trustees GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS GRANTOR: GEMSTAR PROPERTIES, L.L.C.. SCHM107 PROPERTIES l L G, Member of Gernstar Properties, L L C By".: Steven L Se midi, Member of Schmidt Properties, L1.O. LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF 1 SS COUNTY OF ) t t J On tills d day of � Q-6 0 (AA,6 I in the year 20 h (a before ma it UtbLU� Ys�t GL� a notary publre in end for the State of Idaho, personally eppearad Stevan L. Schmidt, &-lamb o Schmidt Properties, L.L.C., known or identified to me (or proved to me on the oath of 1, to be one of LN.Ilc rs or designated agents In the IfmitsdUebl tycompanyofGemstar Properties, .L ., and the mombor or designated agent or one of re or dpolgnsted agents who subscribed id )mired liability company name to the foregoing Instrument, and acknowledged to me she executed the i Ifiiked Oa ty ce any name,Resldmgat for Idaho OflM930n Xp (r My commission expires --�ENICE B. TtiaRNTON NOTARY PUBLIC STATE OF IDAHO REQUESTFOR FULL RECONVEYANCE _ ITo be used only when obligations have been paid In fuln To: Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Dead of Trust, All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing cc you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Dead of Trust (which Is deAvared to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Dead of Trust, the estate now hold by you under this Deed of Trust Please mall the reconveyanco and Related Documents to: Date: Beneflclary: By; Its; drdei No.. 270651 EXHIBIT A A parcel of land being a portion of the SW X of the NE % of Section 2, Township 3 North, Range I West, Boise Meridian, City of Meridian, County of'Ada, State of Idaho, being more particularly described as follows: BEGINNING at a found 5/8" iron pin monunrenting the center of North 1/I a corner of said Section 2, the REAL POINT OFBEGINNING, from which the A of'said sections bears North 00'15'35" East 1368.30 feet; Thence along the proposed exterior boundary the following courses: South 89017'36" East 706.76 feet; Thence South 0002011611 East 105.02 feet; Thence South 89017'39" East 55„66 feet, Thence South 03 °20'08" East 50.15 feet; Thence South 00°42'24" West 66,71 feet; Thence South 60°40'50" West 81,15 feet; Thence South 391I 5' 15" East 110.00 feet; Thence South 50°44'45" West 3634 feet; Thence 17.,45 feet along a curve to the right, having a central angle of 49°59'42", a radius of 20.00 feet, and a Iong chord bearing of'South 75°44'36" West 16,90 feet; Thence 163.32 feet along a curve to the left, having a central angle of 187°09'04", a radius of 50.00 feet, and a long chord and bearing of South 0 7°09'55" West 99.81 feet; Thence South 03°15'15"East 122,91 feet; Thence South 50044'45" West 43.75 feet; Thence North 3 9° I T 14" West 71,81 feet, Thence South 50°44'45" West 105..00 feet; Thence North 39° 15' 1 S" West 30.18 feet; Thence 166,49 feet along a non -tangent curve to the left, having a central angle of 18215256", a radius of'52.16 feet, and a long chord and bearing ofNorth 89'29'17" West I04,29 feet; Thence 18..04 feet along a curve to the right, having a central angle of 51°40'30", a radius of 20.00 feet, and a long chord of and bearing of South 24°54'30" West 17 43 feet; Thence South 5014445" West 74..27 feet (formerly 71.55 feet); Thence North 39' 15' 15" West 110 00 feet; Thence South 50°4445" West 28.,21 feet; Thence South 13035'36" West 70.97 feet; Thence North 89'50' 17" West 155.00 feet; . Thence South 00°15'25" West 12.33 feet; Thence North 89°12'32" West 105.00 feet; Ihence North 00'15'25" East 694..15 feet to the REAL POINT OF BEGINNING STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST (name) G (address) (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: 0 220 le(, ���n��>r,� )b Id 1 the 15- (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). ah Dated this 7 day of , 2p O_ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. A uMC// ��Il%, ��Q�•''�� ••y'9F' (Notary >? blic for Idaho) s IAOTARy ' s t = Residing at: 'A i � 1� • PUBLIC My Commission Expires: 1 APP-24-19% 10:29 -- OFFICE OF 'y=GT N. LUCUIG ARTICLES OF ORGANIZATION LIMITED LIABILITY COMPANY To the Secretary of State of Idaho, 98 APR 2N An 11: 11 Statehouse, Boise, Idaho 83720 -SECRETARY OF STATE STATE OF IDAtiO 1. The name of the limited liability company is: 0"O+ " Properties, L.:..C. 2 The address of the initial registered office is: 1134 North orchard, 3oiae, Idaho 83706 od a PO goy and the name of the initial registered ..- agent at filet address is: sty L. sct�aidt Signature of registered ageN 3. The latest date certain on which the limited liability company will dissolve: 12/31/2027 4. Is management of tt►e'limited liability company vested In a manager or mwu Qers? Yes ® No 1* - +w•0 0 - " 5. If management Is vested In one or more manager(s), list the rm"s) and addresa(es) of at West one Initial manager. If manag.rrl" Is vested in the members, list the names) and addresses) of at least one initial member. • , " wK AddmL Steven L. Schmidt 1134 North Orchard, Boise, Idaho 83706 8. Signature of at I ast one person listed In #5 above: us dw 0 d WAS we eat IIrN+6 t1EL loy OF SIVE Qs M1 C111 mod 113 A 10iM.09■11Ca WWU-C \ cWI5 T1- r.i PRELIMINARY/FINAL 5/10/2007 ADA COUNTY STREET NAME EVALUATION SUBDIVISION NAME: SUNDIAL SUB AGENCY and AGENCY FILE NO: Meridian: PP 06-060 SECTION/ TOWNSHIP/ RANGE: 2 3N 1 W DEVELOPER: STANLEY CONSULTANTS The street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (Under the direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street Name Ordinance,. Overall final street names are subject to change at Final Plat phase levels due to design changes, time restraints and/or previous recorded plat street alignments. THE FOLLOWING EXISTING STREET NAMES SHALL APPEAR ON THE PLAT: N. CINNAMON PL- N. LINDER RD 0 / - W. USTICK RD ° / W. WHITELAW DID / W_ FIELDSTREAM DR° / . N. MARBURG AVE I. / THE FOLLOWING PROPOSED STREET NAMES ARE APPROVED: W. FIELDSTREAM DR e f ' N.. KUBIK WAYS / ' N. MARBURG AVE ° THE FOLLOWING PROPOSED STREET NAMES ARE DENIED: THE FOLLOWING CHANGES OR CORRECTIONS NEED TO BE MADE: NOTE: IF MERE ARE CORRECIIONS AND CHANGES RECOMMENDED, PLEASE MAKE THESE CHANGES ON THE SUBDIVISION PLAT AND RESUBMTI TO THE COMNIlTTEE A FINAL REVIEW WITH NO CHANGES REQUIRED AND THE MATCHING PLAT MUSI' BE PRESENTED I'O THE ADA COUNTY ENGINEER AT T9,4E OF RECORDING. ADA COUNTY ENGINEER MERIDIAN FIRE DEPARTMENT ADA COUNTY HIGHWAY DIS. ADA COUNTY SHERIFF Street Approval Sens: 0,7 Jim Farrens Representative Representative Representative&O DATE DATE_4 DATE �_"// `C l DATEI� b DATE ss: PROJECT NO. 19708.01.0 DRAINAGE CALCULATIONS FOR SUNDIAL SUBDIVISION City of Meridian, Ada County, Idaho 4-Apr-2008 1940 S. Bonito Way, #140 Meridian, Idaho 83642 208-288-0573 Q:\19708\04-Eng\03-Calc\DrnCalcs-19708-(Rev 04_01_08).xls SUNDIAL SUBDIVISION PROJECT NO. 19708.01.00 REVISIONS TO ORIGINAL CALCULATIONS AND FIELD FINDINGS On March 27, 2008, groundwater was found during construction at an elevation of 2558.20 or lower. The most groundwater fluctation measured during the groundwater monitoring on the site was 1.64 feet per MTI letter dated and stamped by professional geologist, Kevin Schroeder on April 1, 2008. As a result, we used the groundwater elevation we found at 2558.20 and added 1.64 feet to it to determine the high groundwater mark of 2559.84. The bottom of the sand in the seepage beds will be placed at this level or higher. Revisions to the calculations were made. Specifically, it was determined the freeboard used had to be gravel and not soil which affected our calculations. However, ACHD allows us to use half the lot as runoff area and also allows us to use side or base inflitration. As a result of these changes, new calculations have been made and are attached in this revised set stamped by John P. Bilderback and dated on April 9, 2009. Q:\19708\04-Eng\03-Calc\DmCalcs-19708-(Rev 04_09_08).xls Page 1 of 1 SUNDIAL SUBDIVISION PROJECT NO. 19708.01.00 DRAINAGE SYSTEM OVERVIEW The Sundial Subdivision is located in the City of Meridan west of Linder and south of Ustick Road and sandwiched in between existing subdivisions, Tumblecreek and TurtleCreek.The subdivision consists of 30 single-family residential lots, 3 common lots and 1 large lot that currently is leased for a cell phone tower located on approximately 10.57 acres. EXISTING CONDITIONS The project site presently consists of an empty field with zero existing buildings. An existing gravity irrigation ditch and gravity irrigation pipeline(s) exist on the property. This will be removed and/or relocated as shown in the engineering drawings. No other surface water exists on the property. PROPOSED CONDITIONS The onsite drainage will be conveyed via both surface and subsurface systems. The surface flow will be contained within the private street sections to designed low points in the road where a series of inlets will convey the flow to 4 seepage beds. For several lots, the backyards will slope away from the road. In these instances, an area drain is indicated on the plans to handle any runoff water. The seepage beds have been sized to handle all nuisance/water quality flows and for storing the design event. The 25-year and 100-year events have been analyzed for this development to determine sizing of the various drainage structures. The rational formula (Q=CIA) was used to estimate the peak runoff rates. From Exhibit'W' of the Ada County Highway District policy manual, the recommended runoff coefficient, C, for a multi family residential area is 0.50. The drainage area for each detention pond is shown on the attached Drainage Plan drawing. The average rainfall intensity is estimated from the "Rainfall Intensity - Duration -Frequency Relationship" figure for a 25 year and 100 year runoff event. The time of concentration is determined by adding the longest overland grass flow time and gutter flow time. Calculations and spreadsheets have been included with this report for all drainage improvements. SOIL CONDITIONS Based upon the preliminary soils and subsurface investigation for Sundial there should be no problems with the existing soils for drainage as designed. However, in the event that during construction we encounter either groundwater or rock, a revised design will be done based upon field conditions. 0:\19708\04-Eng\03-Calc\DmCalcs-19708-(Rev 04_09_08).xls Page 1 of 1 I See Project/Location Using Zone "A" OF Curve Return Period? Area in Drainage Area (acres): Area in Acres Percolation Rate lii,.s/H, [4�- -Width qf C�)• -­S Surface Length ft r a 595 'De th fts =4 Including 1-ft free e Bed Calculation JPredevelopment Rate (if any): cfs max - Void Volume: Klid) -40% Pipe Size(diameter-in): Pipe Area (ft2): (AP) 0.79 Infiltration Calculation type Of Seepage Bed uompuie volume Storm Duration I Q Runoff Vol Percolation Vol PreDev. Vol VR Required Vol Min Hr in/hr cfs ft 3 W W ft3 10 0.17 3.11 0.71 428 66 0 362 22.5 0.38 1.9 0.44 589 149 0 440 30 0.50 6 1.76 0.40 727 P, 198 0 2 0.61 1 0.14 1,008 793 0 215 3 0.45 1 0.10 1 1,116 1,190 0 -74 4 0.37 0.08 1 1,223 1,587 0 -364 5 0.32 1 0.07 1 1,322 1,983 0 -661 6 0.28 1 0.06 1,388 2,380 0 -992 8 0.21 1 0.05 1,388 3,173 0 -1,785 10 0.18 1 0.04 1,488 3,967 0 -2,479 12 0.15 0.03 1,488 4,760 0 -3,272 18 0.11 0.03 1,636 7,140 0 -5,504 24 0.09 0.02 1 1,785 9,520 0 n -ra, oizt:: ouupage sea Width Depth AG AP I AN ft ft ft4 ft 3 Width Yes 7 3 21 0.79 1 8.87 Len th Storage Volume Available (ft) 479 15% Sed. 551 Adjusted for 15% Sediment Width Depth (with I foot freeboard) Adj. Length 74 4 42 Time to Drain 1.4 References: Relevant Equations VR Required Volume AG = Width X Depth Q=CIA A, Net x-Sectional Area AN = [AG-Ap][Vv0,0]+AP Q= Flow Rate (cfs) AG Gross Sectional Area WxD C= Runoff Coefficient Ap Pipe x-Section 1= Rain Intensity VVI)id Void Volume A= Drainage Area 4/9/2008 Seepage Bed Calculation- Bas- Using Zone "A" OF Curve Predevelopment Rate (if any): cfs max Aeturn Period? Void Volume: Klid) Area in fe Pipe Size(diameter-in): Drainage Area (acres): in Acres Area in Acres 14 7 Pipe Area (ft): (Ap) 0.79' Runoff Coefficient (c) JPemolation Rate 11..he./Hr [-, _75-L Infiltration Calculation type 00 Including 1 -ft freeboard ComDute Volume !Storm Duration I Q Runoff Vol Percolation Vol PreDev. Vol VR Required Vol nterTo vVol Ith Depth (with 1 foot freeboard) Adj. Leng� Relevant Equations Vx Required Volume Q=Ck\ Aw Net x-SocUona|Area Q=Flow Rate (cfs) AG Gross Sectional Area Wxo C=Runoff Coefficient Ap Pipox-Sootion |= Rain Intensity Vvmu Void Volume A=Drainage Area = Width X Depth Yes 4/9/2O00 Seepage Bed Calculation Project/Location MiifU0 3 -4 Using Zone "A" OF Curve Predevelopment Rate if an cfs Max 'Return Period? Void Volume: Koid) Area in Drainage Area (acres): Pipe Size(diameter-in); , A :2 Area in Acres 1.10 (ft): Pipe Area (Ap) 0.79 Runoff Coefficient (c) 0>5 Percolation Rate Inches/Hr 2!F1 Infiltration Calculation type RE -"--1 WI&MR ISurface 17jr;Tth IAMU- W!Area Of Seepage Bed Comoute Volume Storm Duration I Q Runoff Vol Percolation Vol PreDev. Vol VR Required Vol Min Hr in/hr cfs ft3 ft3 ft3 ft3 10 0.17 3.11 1.71 1,026 121 0 906 22.5 0.38 1.9 1.05 1,411 271 0 1,140 30 0.50 1.76 0.97 1,742 362 0 4 - 99 to 2 0.61 0.34 2,416 1,447 0 969 1 3 0.45 0.25 2,673 2,170 0 503 1 4 0.37 0.20 2,930 2,893 0 37 1 5 0.32 1 0.18 3,168 3,617 1 0 -449 1 6 0.28 - 0.15 3,326 4,340 1 0 -1,014 8 0.21 0.12 3,326 5,787 1 0 -2,460 10 0.18 0.10 1 3,564 7,233 1 0 -3,669 12 0.15 0.08 1 3,564 8,680 1 0 -5,116 18 0.11 1 0.06 [:�920 13,020 1 0 1 -9,100 24 0.09 1 0.05 1 4,277 17,360 0 1 3 083 En t e r, To t a Deli g in Size Seepage Bed Width Depth A,3 Ap AN ft ft ft� ft� ft3 Width Yes 7 2 14 0.79 6.07 Len th Storage Volume Available (ft3) 13751 15%Sed. 1 1582 Adjusted for 15% Sediment Width Dept (with 1 foot freeboard) Adj. Length 7 1 3 154 Time to Drain 2.2°-���Ho-ujrs-,It�j';.4��g�i"""'', References: Relevant Equations V, Required Volume AG = Width X Depth Q=CIA AN I Net x-Sectional Area AN = (AG-Ap][Vv0JD1+Ap Q= Flow Rate (cfs) AG Gross Sectional Area WxD C= Runoff Coefficient Ap Pipe x-Section I= Rain Intensity VV�d Void Volume A= Drainage Area 41912008 See Projectlocation Using Zone "A" OF Curve Return Period? Area in i4 Drainage Area (acres): Area in Acres Percolation Rate Incd Length (ft) WA ComDute Volume e Bed Calculation Predevelopment Rate (if any) `- cfs max 100 Void Volume: Kdd) $85 Pipe Size(diameter-in): 12 713 Pipe Area (ftz): (AP) 0.79 -8 Infiftration Calculation type `Brae _-- 1295 - Storm Duration I Q Runoff Vol Percolation Vol PreDev. Vol VR Required Vol Min Hr in/hr cfs ft3 ft3 ft3 ft3 10 0.17 3.11 1.76 1,053 144 0 910 22.5 0.38 1.9 1.07 1,448 324 0 1,124 30 0.50 1.76 0.99 1,789 432 0 == _ 2 0.61 0.34 1 2,480 1,727 0 753 3 0.45 0.25 2,744 1 2,590 0 154 4 0.37 0.21 3,008 1 3,453 0 -445 5 0.32 0.18 3,252 4,317 0 -1,065 6 0.28 0.16 3,414 5,180 0 -1,766 8 0.21 0.12 3,414 6,907 0 -3,492 10 0.18 0.10 3,658 8,633 0 -4,975 12 0.15 0.08 3,658 10,360 0 -6,702 18 0.11 0.06 4,024 15,540 0 -11,516 24 0.09 1 0.05 4,390 20,720 1 0 -16 330 EnterTotal Design Vol. - "k"��; Size Seepaqe Bed Width Depth AG AP AN ft ft 1 ft ft3 Width Yes 7 1.2 8.4 0.79 3.83 Len th Storage Volume Available (ft) 1291 15% Sed. 1485 Width Depth (with 1 foot freeboard) Adj. Length Adjusted for 15%Sediment 7 2.2 185 Time to Drain 1.7 Hour:,.: References: Relevant Equations VR Required Volume AG = Width X Depth Q=CIA AN Net x-Sectional Area AN = (Ac-APINVoio]+AP Q= Flow Rate (cfs) AG Gross Sectional Area wxD C= Runoff Coefficient AP Pipe x-Section 1= Rain Intensity VV°;d Void Volume A= Drainage Area - 4/9/2008 SUNDIAL SUBDIVISION PROJECT NO. 19708.01.00 Area Time of Concentration Form TR55: Overland Grass Flow Manning's Coef. n= Length of Flow L = ft Average Slope s = in(n 2 yr-24 hr Rainfall P2= in Travel Time T, = min From TR-55: Gutter Flow Average Slope s = ft/ft Length of Flow L = ft Average Velocity V = ft/sec Travel Time T2 = min Total Time of Cone. Tc = min Q,,. Calculations (Rational Method) Drainage Area A = acres Runoff Coeffecient C value= 100-yr Intensity 1,. = in/hr 25-yr Intensity Its = in/hr Peak Flow (100 year) Q100 = ft'/sec Peak Flow (25 year) %, = ft'/sec Sand and Grease Trao Calculations Size of S/G Trap Number of S/G Traps Dimensions in Throat Area A1= it` Velocity through S/G Trap= V(s/g)= ft/sec Volume Calcuations Runoff Volume Vol= ft3 UnderACHD? Yes or No Add 15% if under ACHD ft3 Required Volume Vol= ft3 Trench Number Total Volume Required Trench Volume Calcuations Trench Dimensions Depth (nclds 1' freeboard) D = ft Width W = ft Length L = ft Drain Rock Void Ratio Vr = % Percolation Rate Pr= Whr Trench Volume Tvol= ft3 Storage Duration Time Needed for 90% Infiltration hr Pond Volume Is a pond Required? Volume Required (ft3) Top Area = It Bottom Area = ft' Freeboard = ft Actual Depth = ft Inside Side Slope = X1 Pond Storage Volume = ft3 Pond Storage Volume w/ Freeboard = ft3 Percolation Rate in/hr Time Needed for 90% Infiltration hr See Drainage Map for Areas A&R C,Eand F L&M N 0.24 0.24 0.24 0.24 100 100 100 100 0.01 0.01 0.01 0.01 1.2 1.2 1.2 1.2 31.00 31.00 31.00 31.00 0.005 0.006 0.009 0.009 335 430 290 360 1.44 1.57 1.93 1.93 3.9 4.6 2.5 3.1 34.9 35.6 33.5 34.1 0.45 1.47 1.10 1.13 0.50 0.50 0.50 0.50 1.51 1.49 1.55 1.53 1.12 1A1 1.15 1.14 0.34 1.10 0.85 0.86 025 0.82 0.63 0.64 1000 gal 1000 gal 1000 gal 1000 gal 1 1 1 1 12x48 12x48 12x48 12x48 4 4 4 4 0.08 0.2 0.16 0.16 612 1971 1535 1556 Yes Yes Yes Yes 92 296 230 233 704 2267 1765 1789 1 2 3 4 704 2267 1765 1789 4 4 3 2.2 7 20 7 7 61.9 83.0 237.5 402.5 40 40 40 40 8 8 8 8 704 2267 1765 1789 0.89 1.14 0.67 0.48 Area A EXAMPLE OF CALCULATIONS Time of Concentration Calculations SUNDIAL SUBDIVISION PROJECT NO. 19708.01.00 From TR-55 : Overland Grass Flow 0.007[(n)(L)]0 e T, = -- hr Travel Time T1 = 0.5 o.a (p2) (s) n = 0.24 Manning's Coef. = 0.59 hours L = 120 ft Length of Flow = 35.58 minutes P2= 1.2 in. 2 yr-24 hr Rainfall T, = 36.0 minutes s = 0.01 ft/ft Average Slope From TR-55: Gutter Flow V = 20.3282 (s)" ° T2 = — sec Travel Time = 2.87 ft/sec V = -- ft/sec Average Velocity s = 0.02 ft/ft Average Slope T2= L / V L = 690 ft Length of Flow = 240.0 seconds T2= 4.0 minutes Total Tc = T, + T2 Tc = 40.0 minutes Qp�ak Calculations (Rational Method) Q100 = (C)(I700)(A) A = 5.60 acres Drainage Area Q108 = 3.81 ft'/sec C value= 0.50 Runoff Coeffecient I,00 = 1.36 in/hr 100-yr Intensity Q25 = (C)(125)(A) 125 = 1.01 in/hr 25-yr Intensity Q25 = 2.83 ft'/sec Sand and Grease Trap Calculations Throat Area A, _ (Baf)(Wi)(1 /144in) Baf = 18 in. Baffle Separation 7.875 ft2 Wi = 63 in. Inside Width Velocity through S/G Trap= Q25/At 0.36 ft/sec Size of SIG Trap= 1500 gallon V.Runoff Volume = Area of Hydrograph A = 5.60 acres Drainage Area = (0.5)*(1 hr storm)*(Peak Flow) C value= 0.50 Runoff Coeffecient = 6854 ft' Ave Tc= 40.0 min Time of Concentration Add 15% 1028 ft' IP = 1.36 in/hr Intensity value Req'd Volume= 7883 ft' Ave Q100= 3.81 ft3/sec 100-yr Peak Flow Trench Volume Calcuations Combined Trench Dimensions Storage/ft = (Vr)(D-1)(W) *D = 12 ft *Includes 1ft Freeboard 39.6 ft2 W = 9 ft Width Sidewall Perc/ft = (D-1)(2/3)(2 sides)(Pr)(1 ft/1 2") L = 158 ft Length 9.78 ft Vr = 40 % Drain Rock Void Ratio Endwall Perc = (Sidewall Perc)(W) Pr = 8 in.ihr Percolation Rate 88.00 ft3 Trench Volume = [(Length)(Storage/ft + Sidewall perc/ft)] + (Endwall Perc) Trench Volume = 7883 ft' Required Pond Volume = Pond Volume - Trench Volume 0 ft3 Q:\19708\04-Eng\03-Calc\DrnCalcs-19708-(Rev 04_09_08).xls Page 1 of 2 Area A EXAMPLE OF CALCULATIONS Actual Pond Volume Inputs Side Slope= 3 :1 Top Area = 17013 ft' Perimeter, = 541 ft Bottom Area = 12401 ft' Pedmeter2 = 484 ft Freeboard = 0.5 ft Actual Depth (w/freeboard)= Actual Sides Width = Pond Storage Volume = Storage Duration SUNDIAL SUBDIVISION PROJECT NO. 19708.01.00 Average Perimeter = 513 ft Initial Depth (w/freeboard)= 0.50 ft Initial Sides Width = 1.50 ft Sides Cross -Section Area = 13.50 ftz (w/o freeboard) = 9.38 ftt' 3.00 ft 9.00 ft 35807 fe Infiltration Area (Pa) = [(W x L) + 2(L x D)] = 5209.2 Infiltration Rate (Pr)= 8 inJhr Initial Volume (V)= 6854 ft' Time Needed for 90°/a- [(0.9)(V)(12)] / f(Pr)(Pa)) = 1.78 Hours Q:\19708\04-Eng\03-Calc\DmCalcs-19708-(Rev 04_09_08).xls Page 2 of 2 MEMO Boise, ID TO: City of Meridian DATE: April 18, 2008 FROM: John P. Bilderback, P.E. Stanley Consultants, Inc. 2264 S. Bonito Way, Suite 150 Meridian,, ID 83642 (208) 855.5600 SUBJECT: Certification final street grades will be a minimum of 3 feet above high groundwater Based upon the attached Geotechnical Engineering Report dated September 18, 2006, I, John P. Bilderback, P.E., hereby certify the final street grades within the Sundial Subdivision/Estates will be a minimum of 3 feet above high groundwater. Additionally, additional geotechnical evaluations were made on -site during construction dated March 28, 2008 signed and stamped by David O. Cram, P.E. and dated April 1, 2008 signed and stamped by Kevin L. Schroeder, P.G. SC5022 MATERIALS ` TESTING £r INSPECTION PAGE 91 OF 1 ••� 4l1t2009 ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Mr. Mike McHargue Gemstar Properties, LLC 738 South Bridgeway Place Eagle, Idaho 83616 Re: Ground Water Levels Ernest Property Fieldstream Drive and Marburg Avenue Dear Mr. McHargue: Meridian, Idaho The purpose of this letter is to revisit the opinion previously given for the depth to seasonal shallow groundwater, for the above referenced project. The Geotechnical Engineering Report (dated 18 September 2006) stated "groundwater is anticipated to remain at depths of greater than 8 feet below the ground surface throughout the year." Concern has been voiced as excavation for the proposed seepage bed has currently exposed the water table at a depth of roughly 9.2 feet below current cut grades. Several factors must however be considered when assessing this current observable depth. First, the area proposed for the seepage bed is apparently at the lowest portion of the site in elevation. This is where the depth measurement of 9.2 feet to groundwater was taken. This measurement was referenced to the current ground surface which has been stripped of surficial soils and organics, a process that reportedly may have removed a foot or more of material. Following completion of this facility, top soils and sidewalks will be placed, again raising the final elevation for the area. Lastly, groundwater monitoring data for 2006-2007 suggests the maximum change from September through March was 1.64 feet (both piezometers were installed in areas that are approximately 2 feet higher in elevation then the area of the seepage bed). Considering the above, the given minimum depth of 8 feet below the ground surface throughout the year appears to remain valid. If the original ground surface of the proposed seepage bed was a foot higher in elevation, therefore roughly 10 feet higher then current groundwater level, a change of 1.64 feet would yield a seasonal shallow of approximately 8.36 feet. If the above assumptions are valid, and cuts and fills are closely assessed, the proposed stormwater facilities should perform properly. We appreciate this opportunity to be of service to you, and we look forward to working with you in the future. If you have questions please call us at (208) 376-4748. Respectfully Materials T, f<E1/tN sCt�so>w E� 1 4r cad U n Kevin L. Schroed�'�''�'T, Geotechnical Servic CnfLa,`� Reviewed by: Colin Basye, P.E. 2791 S. victory view way -Boise, Idaho 83709 • (208) 376-4748. Fax (208) 322-6515 mti@mti-id.com • www.mti-id.com Form Rev MATERIALS TESTING 6 INSPECTION PAGE f 1 OF 2 REVISION DATE 3/28/2008 ❑ Environmental Services 0 Geotechnical Engineering 0 Construction Materials Testing 0 Special Inspections March 28, 2008 Mr. Mike McHargue Gemstar Properties, LLC 138 South Bridgeway Place Eagle, Idaho 83616 Re: Ground Water Levels Ernest Property, Fieldstream Drive and Marburg Avenue Meridian, Idaho Gentlemen: This letter is to verify seasonal high groundwater as determined through regular monitoring unavailable at the time of the earlier issued MTI Geotechnical Engineering Report (dated 18 September 2006). Descriptions of general site characteristics and the proposed project are available in the previous report. All limitations and warranties expressed in the previous report apply to this document. Groundwater was encountered during the original investigation at depths ranging from 9.8 to 11.0 feet below existing grade. Groundwater levels in the site vicinity are controlled in large part by residential irrigation activity and canal leakage in the local area. The following table represents groundwater data as it was monitored on a monthly basis from September 2006 through August 2007, as well as a single monitoring event on March 28, 2008. Groundwater is currently below the depth of the peizometer (I1.11 feet). Groundwater has not been recorded any shallower than 9.65 feet over the monitoring periods. It should be noted that these levels will fluctuate from year to year, and are limited to the data collected. In addition, at your request we have stopped monitoring for the above -mentioned site. If you would like us to continue groundwater monitoring, please contact us as soon as possible. 2791 S. Victory View Way se. Idaho 83709 • (208) 376-4748 • Fax (208) 322-6515 mti@Mfi-id.com . www.rnti-id.com Form Rev MATERIALS TESTING & INSPECTION PAGE#20F2 REVISION DATE 3/2812O08 ❑ Environmental Services O Geotechnical Engineering ❑ Construction Materials Testing 0 Special Inspections We appreciate this opportunity to be of service to you, and we look forward to working with you in the future. If you have questions please call us at (208) 376-4748. Respectfully Submitted, Materials Testing & Inspection, Inc. Brandon Huff C.E.T. Reviewed by. Geotechnical Engineering Technician 2791 S. Victory View Way . Boise, Idaho 83709 . (208) 376-4748. Fax (208) 322-6515 mti®mti-id.com • www.mti-id.com Form Rev MATERIALS TESTING & INSPECTION :Environmental Services 0 Geotechnical Englneering ❑ Construction Materials Testing 0 Special Inspections GEOTECHNICAL ENGINEERING REPORT of Ernest Property Fieldstream Drive . & Marburg AVenue . Meridian, Idaho Prepared for: Gemstar Properties, LLC 738 South Bridgeway Place Eagle, Idaho 83616 MTI Fite Number 86137Ig 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mtHd.com • Nmv mti-id com MATERIALS September 18, 2006 TESTING& Page # ! of 25 INSPECTION ( I Environmental Services 0 Geotechnical Engineering ❑ Construction Materials Testing O Special Inspections r.\boise\2006 reports\1200-1399\b61371g\b6137Igeotech doe Mr-. Mike McHargue Gemstar Properties, LLC 738 South Br-idgeway Place Eagle, Idaho 8.3616 (208) 861-00-662 Re: Geotechnical Engineering Report Ernest Property Fieldstr-eam Drive & Marburg Avenue Meridian; Idaho Gentlemen: In with your- instructions, we have conducted a soils exploration and foundation evaluation for the above mentioned development. Field work for this investigation was conducted on 1 September- 2006.. Data have been analyzed to evaluate pertinent geotechnical conditions. Provided geotechnical, groundwater and construction recommendations are listed in the Table of Contents. Results of this investigation, together- with our- recommendations, are to be found in the following report. Often, because of design and construction details that occur- on a project, questions arise concerning soil conditions.. We would be pleased to continue our role as geotechnical engineers during project implementation. MTI also has great interest in providing materials testing and special inspection services during construction of this project.. If you will advise us of the appropriate time to discuss these engineering services, we will be pleased to meet with you at your convenience. We appreciate this opportunity to be of service to you and we look forward to working with you in the future.. Ifyou have questions please call us at (208) 376-4748.. Respectfully Submitted, Materials Testing & Inspection, Inc. B`A'w"I Lrz Brown Geotechnical Engineering Technician d ];pal�°. Yanager a '0 OF 10�� 0. CRP KEVIN L 0 r SCHROEDER 19G� . y , ManaSchroger r, P. sT�TF p � g P.R. Copyright © 2006 Materials Testing & Inspection, Inc 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti©mti-id corn • www mti-id com MATERIALS TESTING & INSPECTION 8eptembeil8,2006 /-` ` ._- Environmental Services `) G=,=^m/um Engineerina CI Construction Materials resting 0 Special Inspections TABLE OF CONTENTS ImmuonC Tnxm`..- .__._..___~........... ~___~_~.-~- -~^----~�3 ProjectDescription ^~-.......... ..... ... ..... .'..... ........... '_~~-^~............. ..... ~~....... -'~-'~~'.--~~-� Authorization..... -..... ......... .............. ... ..... ............. ..... ................ .......... ...... .~~......................... ..... ..... ~........ ....... 3 Purpose .................. ^-~'......... .... ~-~...... ,............. -~-~~--~----^'^--'---^^~~~~~~--~� Scope.......... ,............... -......... .............. .... ........... ...... .................... _... ...................... ........ .... �._^_......... _3 Waoaoty And Limiting Conditions ............... .......... ......... ......... ................ ~...... .'^___^_-.� General............. ..................... ''....... ^~... -...... .......... ~___--.~^.'.-^-_-_.~~..~.'-__._~4 0EmcoIv/ION Om800.................... .......... _ Sitm�ucwu GeneralGeology Of Area ................. '....... '~_~-._,^__.,^._-~............................ _-~~..� Site Topography, DrubuuQe And Vegetation .... .... .......... .-'-..... ........ .......... ................ ~................. 5 Site Climatology And Geochemistry .................. ....... -~... ....... .......... .......... ............ ..... ...... ....... -.... 6 Gewoeismic -...... 3oxLo0xpLomaTxmw.... ... ~~~... ................. ... ... ..... .......... .... _~.......... .... ~^_-................................. ..6 Exploration and Sampling Pxncedomm-_~--...... .'........ _-_~..--.-._'^-^~-..~~� Laboratory Testing _~_........... 7 Soil And 0edimueutDt'o�lu_'^--_--~-^~.^..~^-~_~-_.--_-.^^^^'^^_--._--~...7 SoilsSurvey Review ........................ ..... ........ ,~^........ ....................................... .... ........... ......... .......... ...... ...... ..... 7 VolatileOrganic Scan -.............. ................................... -.~.-.-_^_^_................ ~~.... ~'8 SITE 8 GeneralNotmo_.... ......... .......... .......... ............. ........... '....... .... -.... ................................... ^^,.......... .......... '.-_-^_8 __... ................. .... .... ......... ....... ... ~..-................ ~~~,---'-'_-.-~# Soil Iuribxudwo8 aomvoArxmNAND PAVEMENT 0xocnuoIomAND fXocO/m/mENoAzxmmm-.._.~-'_.-....--# General Notes ............. ........ -^~~.~... ................... ~--'~9 Foundation Design Recomm*udutinum~................ ..~'........................... ^~..... ............ .''^-~^..� Crawl Space Recommendations- ................... �-~.^^..~.---..��-.,~.^`.'^-.^-_.---'~.� Recommended Pavement Sew�aom_-~~.~~~~..-~~--18 CoNmTmmcYIOmCONSIoomazrowm................ ......................... ,^^........ ^......... ............... ..~'.............. ..... ,-'.-'-_.-.�8 Dry Weather ~...... ................................ ~~~..___~._~�~,_.~.~~__.,.~.....^~._..1% WetWeather _-~-.~'___~~-~.......... ... ~................. ~,,..12 Soft SnbgrudmS�<�-~-....._.--.--�..... ............... ...... '--�~_-.-'_.~,_-_.-..~.13 Fr-ozon8ubgradm�nOo.--~'__~^..~^~.~�.'_-~_-~~,,`_^.'~-~-_~.-~.~.'-.'1D mtroutnru^ Fill ^`^^............................ ...................... ^......... ............... ~'`-~~-'........ ^~'.... ~........... ... ^'`^^-^~'.....l3 maokfiO-'--^................................. ... ... ... ... ^'...... '~�--^-`^-^'-'-^~`^-`^-^-'^^'~-~~.'~..-_~__'.�4 Excupudoom.... ..... ... ......... .................... ~.... ''~^-~'--'-'~~^^....... ..... ............ -`�`^~....... ....... ................. .14 Groundwater-�oo�ol _............. ... ..... ................ .... ^^~^__,^_,,^,,^.,.... ,,,~.................................. 'lG GENERALCmmnxEmxS ................................ `.... ,,^......................... .......... ^.,^.^^,^^............ ............ ... ......... .^.............. ...... ----,..18 RuruommcoS................. ^.................. ........... ~^..... .~~~-'-~~~~'^~'~-'..... .................... ~^^`.... '........................... `-^^..................... 16 ApPENmcxLIST ............... ................... ....................... ............. .,,............................. .......... ,.... ,_.............................. ~..~... ..... ....... -,'17 GeotechnicalGeneral Notes..., ............................................ .... ,... .............................. ~~~,,.... 18 Unified�o���o��o �m ~ ............ ............. l0 Copyright 2006&ateflals resting & Inspection, [no MATERIALS TESTING & INSPECTION September 18, 2006 Page # 3 of 25 i 1 Environmental Services ❑ Geotechnical Engineering 0 Construction Materials Testin_q ❑Special Inspections rAboise\2006 repoits\1200-1399\b61371g\b61371geotech doc INTRODUCTION This report presents results of a geotechnical investigation and analysis in support of data utilized in design of structures as defined in -the 2003 International Building Code (IBC), Information in support of groundwater and stormwater issues pertinent to the practice of Civil Engineering is included.. Observations and recommendations relevant to the earthwork phase of the project are also presented. Project Description: The proposed development is located in the northwestern- portion of the City of Meridian, Ada County, Idaho, and occupies a portion of the NE'/ of Section 2, Township 3 North, Range 1 West, Boise Meridian The project will consist of'development of an undetermined number of'residential lots on an approximate 10.6-acre site. Roadways are anticipated to be included as part of the development.. Proposed grading is presently undetermined. Authorization: Authorization to perform this exploration and analysis was given in the form of verbal authorization to l ... proceed from Mr.. Scott Noiijuki to Liz Brown of Materials Testing and Inspection, Inc.. (MTI), on 28 August 2006.. Said authorization is subject to terms, conditions, and limitations described in the Professional Services Contract entered into between Gemstar Properties, LLC and MTI. Our scope of services for the proposed development has been provided in our proposal dated 28 August 2006, and again below. Purpose: The purpose of this Geotechnical Engineering Report is to determine various soil profile components and their engineering characteristics for- use by design engineers and/or architects in: • Preparing or- verifying suitability of foundation design and placement, • Preparing site drainage designs, and, • Indicating issues pertaining to earthwork construction, Scope: The scope of this investigation included review of geologic literature and existing available geotechnical studies of the area, review of available environmental reports, visual site reconnaissance of the immediate site, subsurface exploration, field and laboratory testing, and an engineering analysis and evaluation of foundation materials.. The scope of work did not include design recommendations specific to individual residences. Copyright © 2006 Materials Resting & Inspection, Inc 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 E-Maii mti @mti-id com • Fax (208) 322-6515 www mti-id corn Ive MATERIALS TESTING & INSPECTION September- 18, 2006 Page # 4 of 25 i Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\I200-1399\b61371g\b61371geotech doc Warranty And Limiting Conditions: Field observations and research reported herein are considered sufficient in detail and scope to form a reasonable basis for- the purposes cited above. MTI warrants that findings and conclusions contained herein have been promulgated in accordance with generally accepted professional engineering practice in the fields of foundation engineering, soil mechanics and engineering geology, only for- the site and project described in this report.. These engineering methods have been developed to provide the client with information regarding apparent or potential engineering conditions relating to the subject property within the scope cited above and are necessarily limited to conditions observed at the time of the site visit and research.. The report is also limited to information available at the time it was prepared. In the event additional information is provided to MTI following the report, it will be -forwarded to the client in the form received for evaluation by the client. There is a distinct possibility that conditions may exist which could not be identified within the scope of the investigation or which were not apparent during the site investigation.. This report was prepared for, the exclusive use of Gemstar Properties, LLC and their, retained design consultants ("Client").. Conclusions and recommendations presented in this report are based upon agreed -upon scope of work outlined in the report and Contract for- Professional Services between Client and Materials Testing and Inspection, Inc. ("Consultant"). Use or misuse of this report, or reliance upon findings hereof by parties other than the Client, is at their- own risk.. Neither Client nor Consultant make representation of warranty to such other - parties as to accuracy or- completeness of this report or suitability of its use by such other- parties for purposes whatever-, known or unknown to Client or Consultant. Neither- Client nor Consultant shall have liability to, or- indemnifies or- holds harmless third parties for- losses incurred by actual or- purported use or misuse of this report.. No other warranties are implied or expressed. Gener-aI: Revisions in plans and or drawings for the proposed development from those enumerated in this report should be brought to the attention of the soils engineer- to determine if changes in foundation recommendations are required. Deviations from noted subsurface conditions if' encountered during_ construction, should also be brought to the attention of the soils engineer.. Copyright © 2006 Materials Testing & Inspection, Inc 2791 South Victory View Way . Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • wvwv,mti-id com MATERIALS TESTING & INSPECTION September 18, 2006 Page # 5 of 25 r Environmental Services Cl Geotechnical Engineering Cl Construction Materials Testing D Special Inspections r:\boise\2006 reports\1200-1399\b6137Ig\b61371geotech.doe DESCRIPTION OF SITE Site Access: Access to the site may be gained via Interstate 84 to the Meridian Road exit.. Proceed north on Meridian Road approximately 1.5 miles to its intersection with Fairview Avenue. From this intersection, proceed west on Fairview Avenue for .3 miles to Linder Road. Proceed north on Linder Road for approximately 0.75 mile to its intersection with Turtle Creek Drive. From this intersection, proceed west on Turtle Creek Drive for approximately 0.3 miles to White Law Drive.. Follow White Law Drive for, approximately 0,2 mile at which point the road turns a 90 degree angle. The site is located north of this corner., Piesently the site exists as undeveloped land with a cell tower in the middle of the parcel.. The location is depicted in site map plates included in the Appendix. General Geology Of Area: The subject site is located within the Boise Valley which is directly underlain by a thick sequence of alluvial sands and gravels typically deposited on basalt formations.. These sediments are loosely named the Boise i River Gravels and were deposited as river floodplain and stream overwash from the Boise River. These gravel deposits tend to have imbricated well-rounded clasts, poor sorting and crude stratification of beds of gravel and lenses of cross -bedded sand suggesting deposition in braided channels. The Boise River Gravels consist of unconsolidated clay, silt, sand, gravel, and cobbles.. These gravels have been subdivided into smaller units based on their age and are exposed as distinct alluvial terraces.. Five of these terraces are well exposed in the Boise area and range in age from Middle Pleistocene to Holocene (Recent) (0 - 0 9 million years ago). The site lies on the Whitney Terrace, the second terrace above the currently defined floodplain (Othberg and Stanford, 1992), Site Topography, Drainage And Vegetation: The proposed development consists of approximately 10•.586 acres of'relatively flat land, with a cell tower located in the center portion of the property. The surface exhibits fine grained soils throughout the majority of the site., The parcel is surrounded by existing residential development., Regional drainage is north toward the Boise River.. Stormwater drainage for the site is achieved by percolation through surfrcial soils.. No storrnwater drainage facilities are located in the vicinity of the site and the area does not receive significant off -site drainage., Vegetation throughout the area consists primarily of native grasses. Copyright 0 2006 Materials Testing & Inspection, Inc 2791 South Victory View Way Boise, ID 83709 - (208) 376-4748 - Fax (208) 322-6515 E-Mail mti@Mti-id com - www mtHd com MATERIALS TESTING & INSPECTION September 18, 2006 Page # 6 of 25 I Environmental Services O Geotechnical Engineering El Construction Materials Testing ❑ Special Inspections rAboise\2006 reports11200-1399\b61371 g\b61371 geotech doc Site Climatology And Geochemistry: Average precipitation for the region is on the order of 10 to 12 inches per year. Annual average temperature range from 20' F to 91' F with extremes ranging from -4° F -to 102' F. Average wind speed range to 1 I miles per hour in spring with a prevailing direction from the southeast. Soil in the area is primarily derived from siliceous materials and exhibits Iow electro-chemical potential for corrosion of metals or concretes.. Local aggregates are generally appropriate for Portland Cement and Lime Cement mixtures.. The State Transportation Department has adopted anionic asphalt cements.. The pH of'surface water, groundwater, and soil in the region typically range from 7 to 9. No indication of abnormal geochemical conditions was noted on -site; Nominal frost penetration is typically on the order of'6 inches, with extremes ranging to 3 feet, Geoselsmic Setting: Soils on -site are classed as Site Class D in accordance with Chapter 16 of the 2003 edition of the IBC. Building structures on this project should be designed as per the IBC requirement for such a seismic classification. Our- investigation did not reveal potential hazards resulting from earthquake motions: slope instability, liquefaction, and surface rupture because of faulting or lateral spreading,. Incidence and anticipated acceleration of'seismic activity in the area is low.. SOILS EXPLORATION Exploration And Sampling Procedures: The field exploration to determine engineering characteristics of subsurface materials included a reconnaissance of the project site and investigation by test pit.. Test pit sites were located in the field by means of normal taping procedures from on -site features or known locations and are presumed to be accurate to within a few feet.. Upon completion of investigation each test pit was backfilled in with loose excavated materials. These loose areas need to be re -excavated and compacted prior, to constructing structures over them_ Samples were obtained from representative soil strata encountered in test pits., Samples obtained have been visually classified in the field by an engineering technician, identified according to test pit number and depth, placed in sealed containers and transported to our laboratory for additional testing. These materials have been further described in detail on logs provided in the Appendix. Results of'feld and laboratory tests are also presented on these logs. It is recommended that these logs not be used for• estimating quantities because of highly interpretive results.. Copyright © 2006 Materials Testing & Inspection, Inc 2791 South Victory View Way • Boise, ID 83709 (208) 37g_4748 •Fax (208) 322 6515 E-Mail mtiQmti-id.com www.mtl-id.com MATERIALS TESTING & INSPECTION September I8, 2006 Page # 7 of 25 t Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r:\boise\2006 reports\1200-1399\b61371g\b61371geotech doe Laboratory Testing Program: Along with the field investigation, a supplemental laboratory testing program was conducted to determine additional pertinent engineering characteristics of subsurface materials necessary in analyzing the behavior of the proposed structures. Laboratory tests were conducted according to current applicable American Society for- Testing and Materials (ASTM) specifications, and results of these tests are to be found on the accompanying logs located in the Appendix.. The laboratory testing program for this report included Atterberg Limits Tests - ASTM designation D 4318, Grain Size Analysis - ASTM designation C 117, C 136, and Resistance R-Value and Expansion Pressure of'Compacted Soils — ASTM designation D 2844. Soil And Sediment Profile: A total of four test pits were advanced to depths of 10.2 to 11.6 feet across the site. Groundwater was encountered at depths of 9.8 to 11.0 feet. The developed soil profile represents only a generalized case, and variations between test pits should be anticipated: Lean Clay (CL) — Brown, dry, hard, lean clay soils were observed at ground surface across the site.. f Organic material was present to depths of 1..0 and 1.5 feet, Lean clay soils were noted to depths of L5 to 2.7 feet within the test pits Cemented Silt (IL) — Underlying surficial clay, light brown, dry, weakly cemented, silt is present. Cementation was noted in all test pits. This soil extended to depths of 4.4 to 68 feet. Silty Sand (S110 - Brown, dry to slightly moist, medium dense to dense, indurated silty sand (SM) was observed underlying cemented silt in all test pits. Silty sand soils were noted to depths of 9:2 to 10.1 feet. Poorly Graded Sandy Gravel (GP) - Brown, slightly moist to saturated, poorly graded gravel sediments were observed at depth in all test pits. Fine to coarse grained sand and cobbles of up to 6 inches in diameter were present within this soil type.. Poorly graded gravel sediments extended through the termination depths of all test pits.. Walls of each test pit were stable with the exception of, those through native granular- soils., Excavations through granular soils will have a propensity for sloughing or caving, especially after penetrating the water table. Soils Survey Review: A review of the United States Department of Agriculture, Soil Conservation Service, Soil Survey of Ada County Area, Idaho, 1980, indicated the site can be characterized Purdam silt lo drained, moderately slow permeabam„ This soil is well- ility above hardpan and digging and trenching in this soil may be hampered by hardpan.. The low strength, frost action potential, and high shrink -swell potential limit the construction ofroads and streets, however, suitable sub -grade material can offset these limitations Copyright © 2006 Materials Testing & Inspection, Inc 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mtHd com • vNAV mti-id com v MATERIALS September 18, 2006 TESTING Page # 8 of 25 INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r:lboise12006 reports\I200-13991b613 7I g1b61371 geotech doc r Volatile Organic Scan: No environmental concerns were identified prior- to commencement of the investigation. Therefore, soils obtained during on -site activities were not assessed for-' volatile organic compounds by portable photoionization detector-., Samples obtained during our- exploration activities exhibited no odors or - discoloration typically associated with this type contamination. SITE HYDROLOGY General Notes: Existing surface drainage conditions are defined in the Description of Site. Information provided in this section is limited to observations made at the time of the investigation.. Regional and/or local ordinances may require information beyond the scope of'this report. Groundwater: Groundwater was encountered at depths of 9.8 to 11,0 feet during the field investigation. Groundwater - levels in the site vicinity are controlled in Large part by residential irrigation activity and canal leakage in the local area, and are likely at their maximum elevations during the irrigation season.. Estimation of seasonal groundwater fluctuation is problematic without regular- monitoring., Based on the evidence of this investigation, and background knowledge of the area, it is unlikely that groundwater will be encountered during construction and is anticipated to remain at depths of greater than 8 feet below the ground surface throughout the year-,. This depth is an estimate, and can be confirmed following periodic monitoring., Soil frifiltration Rates: Soil permeability is a measure of the ability of a liquid to move through a soil and was not tested in the field, However-, pipes for possible percolation testing were installed in test pits 1 and 1 In this report this parameter, is approximated by soil type and gradation.. Of soils comprising the generalized soil profile for this study, lean clay and silt soils generally offer little permeability, with typical infiltration rates less than 2 inches per- hour-, though calcium carbonate cementation encountered within cemented silt soils may reduce this value to near zero. Silty sand soils typically exhibit infiltration rates of'2 to 6 inches per- hour, however-, induration encountered within silt sand soils may reduce this value to near- zero. Poorly graded sandy gravel soils typically exhibit infiltration values in excess of 24 inches per hour, and percolation testing is typically not required within these soils as a result of the free -draining nature of the gravel sediment.. All infiltration facilities constructed on -site should be extended into native sand y gavel Excavation depths of approximately 9.2 to 10.1 feet should be anticipated to expose sandyr rgravel soils. In addition, because of the high permeability, ASTM C 33 filter sand, or equivalent, should be incorporated into design of infiltration facilities, MTI recommends that DE p utilized,. An infiltration rate of 8 inches pert hour should be used four- design.Water separation requirements be Copyright @ 2006 Materials Testing & Inspection, Inc 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mtHd com • wwvr mtWd.com MATERIALS TESTING & INSPECTION September 18, 2006 Page # 9 of 25 ,Environmental Services 17 Geotechnical Engineering ❑ Construction Materials Testing O Special inspections r.\boise\2006 reports\1200-1399\b61371g\b6137Igeotech doc FOUNDATION AND PAVEMENT DISCUSSION AND RECOMMENDATIONS General Notes: Presently, approximately an undetermined number of residential lots are proposed for the project site. Considering typical residential construction, and subsurface conditions, it is recommended that the structures be founded upon conventional spread footings and continuous wall footings. The following recommendations are not specific to the individual structures, but rather should be viewed as guidelines for the subdivision wide development. Foundation Design Recommendations: On the basis of data obtained from the site and test results from various Iaboratory tests performed, MTl recommends following guidelines be used for the net allowable soils bearing capacity.. ASTM D 1557 Net Allowable Soils FootingDe th Sub r•ade Corn action Bear•in Ca aci tacioss hould bear on competent, native, lt present at depths of 1,5 to 6,8 feet Not required for- native 1,500 lbs/ft2 te. All surficial clay soils and organic soil st be removed from below footings.' technician, or, building official at the time of construction is recommended, Footings should be proportioned to meet the stated bearing capacity and/or the IBC 2003 minimum r•equir•ements. Total settlement should be limited to about 1 inch with differential settlement of approximately 1/2 inch. Objectionable soil types encountered at the bottom of footing excavations should be removed and replaced with structural fill. Excessively loose or soft areas that are encountered at footing subgrade will require over -excavation and backfrlling with structural fill. To minimize effects of slight differential movement that may occur because of 'variations in character- of' supporting soils, and in seasonal moisture content, MTI recommends continuous footings be suitably reinforced to make them as rigid as possible. For frost protection the bottom of'external footings should be 24 inches below finished ,Trade Crawl Space Recommendations: Considering the presence of cemented soils across the site, all residences constructed with crawl spaces should be designed in a manner that will inhibit water in the crawl spaces. Therefore, proper grading should be considered to be critical.. MTI recommends that roof drains carry storm water, at least 5 feet away from each residence, and grades should be greater than 5% for a distance of 10 feet away from residences,In all . _ addition, rain gutters should be placed around all sides of'residences, and backfrll around stem walls should be placed and compacted in a controlled manner.. Copyright Cc 2006 Materials Testing & inspection, Inc.. 2791 South Victory View Way • Boise, 1D 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mailmti@mti-id.com 9 wwvr.mti-idcom MATERIALS September 18, 2006 TESTING & Page# 10of25 INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ S ecial Inspections r:\boise\2006 reports\1200-1399%61371g\1561371geotech doc Recommended Pavement Sections: MTI collected a sample of•near=surface soils for R-value testing representative of•soils to depths of 2..•7 feet below existing ground surface. A bulk sample collected from test pit 3, consisted of lean clay (CL) soil.. This sample yielded an R Value less than 5. An R value of I was used for design, As required by Ada County Highway District, MTI has used a traffic index of 6 to determine necessary pavement cross -sections for, the site Additionally, MTI has made other assumptions for traffic loading variables based on the character, of the proposed construction. The Client should review these assumptions to make sure they reflect intended use and loading of'pavements both now and in the future,. Flexible Pavement Sections The Idaho Method as defined in Idaho Department of Transportation's Materials Manual (section 500) was used to develop the pavement section.- Ada County Highway District (ACHD) parameters for traffic index and substitution ratios were also used in the design, and were obtained from ACHD's Development Policy Manual. Calculation sheets provided in the Appendix indicate the soils values, -traffic loading, and material ratios used to calculate the pavement sections.. MTI recommends that all materials used in the construction of Asphaltic Concrete Pavements meet the requirements of the Idaho Standards for- Public Works Construction (ISPWC) specifications, Construction of the pavement section should be in accordance with these specifications.. The following thicknesses are MINIMUM THICKNESSES for assured pavement function Pavement Section Component Asphaltic Concrete Untreated Aggregate Base Granular Borrow and Parking, Residential Streets 2.5 Inches 4.0 Inches 14.0 Not Reauirec Aggregate Base Material complying with ISPWC Standards for Crushed Aggregate Materials Structural Subbase Any material complying with the requirement for granular structural fill (uncrushed) as defined in ISPWC. Copyright © 2006 Materials Testing & Inspection, Inc 2791 South Victory View Way . Boise, ID 83709 (48E-Mail mt!@MJ-id.com .www.rnti-idcom • Fax (208) 322-6515 -- MATERIALS TESTING & INSPECTION September 18, 2006 Page # 11 of 25 ! Environmental Services 13 Geotechnical Engineering O Construction Materials Testing 0 Special Inspections rAboise\2006 reports\1200-1399%61371g\b61371geotech doc Common Pavement Section Construction Issues The subgrade upon which above pavement sections are to be constructed must be properly stripped, compacted (if indicated), inspected and proof rolled. Proof rolling of'subgrade soils should be accomplished with a heavy rubber -tired fully loaded tandem axle dump truck or- equivalent. MTI anticipates that pavement areas will be subject to moderate traffic. It should be noted that surficial clay soils near to and above optimum moisture contents, may tend to puMp Pumping or soil areas must be removed and replaced with structural fill. Fill material and compacted native subgrade soils (if required) in support of the pavement section as well as aggregates comprising the pavement section must be compacted to not less than 95% of maximum dry density indicated by ASTM D 698 for- flexible pavements and by ASTM D 1557 for- rigid pavements.. If a material placed as a pavement section component cannot be tested by usual compaction testing methods, compaction of that material shall be approved by observed proof rolling.. Minor deflections from proof, tolling for- flexible pavements are allowable, Deflections from proof rolling of rigid pavement support courses should not be visually detectable. MTI recommends that rigid concrete pavement be provided for- heavy garbage receptacle parking. This will eliminate damage caused by the considerable load of containers transferred onto the small steel wheels and subsequently onto the asphaltic concrete: Rigid concrete pavement should consist of Portland Cement Concrete Pavement (PCCP) generally adhering to ITD specifications for- Urban Concrete, PCCP shall be 6 inches thick on a 4 inch drainage fill course, should be reinforced with welded wire fabric, and control joints shall be on 12 foot centers or less CONSTRUCTION CONSIDERATIONS Ear•thwor-k: Recommendations in this report are based upon structural elements of the project being founded on competent native silt -sand mixtures or- compacted structural fill. Structural areas should be stripped to an elevation that exposes these soil tyYes. Excessively organic scii$, deleterious materials, and/or disturbed soils generally undergo high volume changes when subjected to loads, which is detrimental to subgr-ade behavior in the area of pavements, floor- slabs, structural fills, and foundations.. Mature trees, and native grasses with associated root systems were noted at the time of our investigation.. It is recommended that organic and/or disturbed soils, if encountered, be removed to depths of 1.,2 feet (minimum), and wasted or stockpiled for later- use.: Stripping depths should be adjusted in the field to assure that the entire root zone and/or disturbed zone and/or topsoil is removed, prior- to placement and compaction of structural fill materials.. Exact removal depths should be determined during grading operations by a qualified geotechnical representative, and shall be based upon subgrade soil type, composition, and firmness or' soil stability. Unidentified underground storage tanks (UST), below surface utilities, wells, or- septic systems must be decommissioned, removed or abandoned as deemed necessary by governing Federal, State, and local agencies. Excavations developed as the result of such removal must be backfilled with structural fill materials as defined below Copyright © 2006 Nfaterials Testing & Inspection, Inc 2791 South Vic- V' y yew Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mtl-id.com • VNrw.mtl-id com CoMATERIALS TESTING & INSPECTION September 18, 2006 Page # 12 of 25 ( Environmental Services ❑ Geotechnical Engineering O Construction Materials Testing ❑ Special Inspections is\boise\2006 reports\1200-1399\b61371g\b61371geotech doc After existing subgrade soils are excavated to design grade, proper- control of subgrade conditions (i.e, moisture content) and placement and compaction of new fill (if' required) should be overseen by a representative of the soils engineer (MTI)_ Recommendations for structural fill presented within this report can be used to minimize volume changes and differential settlements that are detrimental to the behavior of' footings, pavements, and floor- slabs. Sufficient density tests should be performed to properly monitor compaction. For- structural fill beneath building structures one in -place density test per lift for every 5,000 square feet is recommended. In parking and driveway areas this can be decreased to one test per lift for every 10,000 square feet.. Dry Weather-: If construction is to be conducted during what is considered "Dry" seasonal conditions, problems associated with soft soils may be avoided. However, shallow groundwater conditions, related to springtime runoff and/or late summer/early fall irrigation, may induce rutting subgrade soils. Solutions to problems associated with soft subgrade soils are outlined below.. Problems may also arise because of lack of moisture in native and fill soils at time of placement., This will require addition of water- to achieve near, optimum moisture levels. Low cohesive soils exposed in excavations may become friable, increasing chances of sloughing or - caving. Measures to control excessive dust should be considered as part of the over-all health and safety management plan. Wet Weather: If construction is to be conducted during what is considered "Wet" seasonal conditions (commonly from mid -November to April), problems associated with soft soils must be considered as part of the construction plan. During this time of'year•, fine grained soils such as silts and clays will become unstable with increased moisture content, and eventually deform or- rut.. Additionally, constant low temperatures reduce the possibility of drying soils to near- optimum conditions Copyright © 2006 Materials resting & Inspection, Inc 2791 South Victory View Way • Boise, ID 83709 - (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com MATERIALS September 18, 2006 TESTING & Page # 13 of25 INSPECTION i Environmental Services 0 Geotechnical Engineering ❑ Construction Materials Testing 0 Special Inspections r:\boise\2006 reports\1200-1399\b6137lg\b61371geotech.doc Soft Subgr,ade Soils: Shallow fine grained subgrade soils that are high in moisture content can be expected to pump and rut under construction traffic. The following recommendations and/or options have been included for- dealing with anticipated subgrade conditions: Track -mounted vehicles should be used to strip subgrade of root matter- and other- deleterious debris. Heavy rubbei=tired equipment should be prohibited from operating directly on native subgrades, and in structural areas such as roadways and foundations. Construction traffic can be restricted to designated roadways that do not cross, of- cross on a limited basis, proposed roadway or parking subgrades. • During periods of wet -weather, construction on -site may become very difficult if' not impossible. To ensure constructability, access/haul roads should be constructed with a minimum of 2 feet of'structural fill material. Fill material should consist of relatively large cobble (4 to 6 inch in diameter) with sufficient fines to fill voids. • Instead of structural fill placement, scarification and aeration of subgrade soils can be employed to reduce the moisture content.. After stripping is complete, the exposed subgrade should be ripped and/or - disked to a depth of 1.5 feet and allowed to air- dry for 2 to 4 weeks.. Further- disking should be performed on a weekly basis to aid the aeration process, • Alternate recommendations can be provided involving lime or- cement stabilization and use of geotextiles, upon request. Frozen Subgr-ade Soils: Frozen subgrade soils must be allowed to thaw, or- may be stripped prior, to placement of structural fill materials or foundation elements.. Frozen soils must be removed to depths that expose non -frozen soils and wasted or stockpiled for- later use. These soils must be allowed to thaw and return to near- optimum conditions prior to use as structural fill. Structux-al Fill: Soils regarded as suitable for use as structural fill are those classified as G u �,, GP, GIlj, SIv, Sp, Sl!2, and ML, in accordance with the Unified Soil Classification System (USCS) (ASTM D 2487). The use of' silty soils (USCS designation of GM, SM, and ML) as fill may be acceptable.. However, these materials require very high moisture contents for compaction and require a long time to dry out if natural moisture contents are too high, Therefore these materials can be quite difficult to work with as moisture content, lift thickness, and compactive effort becomes difficult to control.. If' silty soil is used for structural fill, lift thicknesses should not exceed 6 inches (loose), and fill material moisture must be closely monitored at both the working elevation and the elevations of materials already placed. Following placement, silty soils must be protected from degradation resulting from construction traffic or- subsequent construction.. Copyright © 2006 Nfaterials Testing & Inspection, Inc 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id com • www mtHd com MATERIALS September 18, 2006 TESTING & Page ## 14 of25 INSPECTION Environmental Services 0 Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections x Aboise12006 reports\ I200-13991b61371 g%613 71 geotech.doc Recommended granular structural fill materials, those classified as GW, GP, SW, SP, should consist of a 6 inch minus select, clean, granular soil with no more than 30% oversize (greater- than 3/4 inch) material and no more than 12% fines (less than #200) and placed in layers not to exceed 9 inches in thickness. Prior• to placement of structural fill materials,' surfaces must be prepared as outlined in the Construction Considerations section.. Structural fill material should be moisture -conditioned to achieve optimum moisture content prior to compaction. For structural fill below footings, areas of compacted backfill must extend outside the perimeter of the footing for a distance equal to the thickness of' fill between the bottom of foundation and underlying soils, or 5 feet, whichever is less.. Each layer• of structural fill must be compacted to a minimum density of 95% of maximum dry density as determined by ASTM D 1557 (for rigid structures) or D 698 (for. flexible pavements).. The ASTM D 1557 and D 698 test methods shall be used for samples containing up to 40% oversize particles (greater- than % inch). If material contains more than 40% but less than 50% oversize particles, compaction of fill shall be confirmed by proof -rolling each lift with a 10-ton vibratory roller, (or equivalent) until the maximum density has been achieved, Density testing shall be performed after- each proof -rolling pass until the in -place density test results indicate a drop (or- no increase) in the dry density, defined as the maximum density or- "break over" point The number- of required passes shall be used as the requirement on the remainder- of fill placement.. Material shall contain sufficient fines to fill all void spaces, and shall not contain more than 50% oversize particles. Backfill: Backfill materials shall ascribe to the requirements of structural fill except that the maximum material size shall be 4 inches.. In no case shall material greater than 2 inches in diameter bear- directly on structural elements., Placing oversized material against rigid surfaces interferes with proper compaction. Backfill should be compacted in accordance with specifications for structural fill, except in those areas where it is determined that future settlement is not a concern, such as planter areas.. In nonstructural areas, backfrll must be compacted to a firm and unyielding condition.. Excavations: Shallow excavations that do not exceed 4 feet in depth may be constructed with side slopes approaching vertical. Below this depth, it is recommended that slopes be constructed in accordance with Occupational Safety and Health Administration (OSHA) regulations, section 1926, subpart P. Based on these regulations, on -site soils are classified as type "C" soiI, and excavations within these soil should be constructed at a maximum slope of 1 %2 foot horizontal to 1 foot vertical (1 M:IV) for- excavations up to 20 feet in height.. Excavations in excess of 20 feet will require additional analysis.. Note that these slope angles are considered stable for- short-term conditions onl and will not be stable for Ion -term conditions. t` Copyright 0 2006 Materials Iesting & Inspection, Inc 2791 South Victo V" ry W iew ay • Boise, ID 83709 • (208) 376-4748 • Fax 2 E-Mail mtf@mtl-id.com • (OS) 322 6515 www mti-id com MATERIALS September 18, 2006 TESTING & Page # 15 of25 INSPECTION (^ Environmental Services C] Geotechnical Engineering 0 Construction Materials Testing ❑ Special Inspections r.\boise\2006 reports\1200-1399\661371g%61371geotech.doc For deep excavations, native granular soils cannot be expected to remain in position. These materials are prone to failure and may collapse, thereby undermining upper- soils layers. This is especially true when working at depths near- the water, table. Proper- care must be taken to protect personnel and equipment. During our subsurface exploration, test pit sidewalls generally exhibited little indication of collapse. However, some caving of'granular soils occurred, especially after- penetration of'the water table.. Care must be taken so that excavations are properly backfilled in accordance with procedures outlined in this report.. Water and loose debris should be removed from these excavations, prior to placement of fill soils or• concrete. Groundwater Control: Groundwater was encountered in the investigation, but is anticipated to be below the depth of most construction.. However, special precautions may be required for• control of surface runoff and subsurface seepage in general. It is recommended that runoffcaused by wet weather- be directed away from open excavations. On -site silty or clayey soils can be expected to become soft and pump if'subjected to excessive traffic following periods of'wet weather•. Ponded surface water areas should be drained to allow construction (` to take place through methods such as trenching, sloping, crowning grades, nightly smooth drum rolling, or - installation of a French -drain system.. Additionally, temporary or permanent driveway sections may be constructed should wet weather be forecast.. GENERAL COMMENTS When plans and specifications are complete, or if significant changes are made in the character or location of the proposed development, consultation should be arranged as supplementary recommendations may be required. It is recommended that the service of a qualified geotechnical engineering firm be engaged to test and evaluate soils in footing excavations before placement of'concrete to determine if'soils meet compaction requirements., Monitoring and testing should also be performed to verify that suitable materials are used for structural fill and that proper placement and compaction is performed. Copyright © 2006 Materials Iesting & Inspection, Inc 2791 South Victory View Way •Boise, ID 83709 -- E-Mail mti@mtl-id.com www mitl- com Fax (208) 322-6515 MATERIALS September 18, 2006 TESTING & Page # 16 of 25 i INSPECTION Environmental Services 0 Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise12006 reportsU200-13991b6137Ig1b61371geotech.doc REFERENCES American Society for Testing Materials, 1999, Standard Test Method for Materials Finer than 75-µm (No.. 200) Sieve in Mineral Aggregates by Washing: C 117 - 95,3 p.. American Society for Testing Materials, 1999, Standard Test Methods for- Liquid Limit, Plastic Limit, and Plasticity Index of Soils, ASTM Designation: D 4318 - 86, 11 p.. Collett, R.A.., 1980, Soil Survey of Ada County Area, Idaho: US Department of Agriculture, Soil Conservation Service, 327 p. Othbeig, K.L, and Stanford, L.A., 1992, Geologic Map of the Boise Valley and adjoining area, Ada and Canyon Counties, Idaho: Idaho Geologic Map Series, scale 1:100,000.. Copyright © 2006 JVlaterials Testing & Irspection, Inc 2791 South Victory View Way - Boise, ID 83709 - (208) 376-4748 - F ) 322.6`-`- E-Mail mti @ mti-id com - www mti-ld com MATERIALS September 18, 2006 TESTING & Page # 17 of25 , INSPECTION ;Environmental Services ❑ Geotechnical Engineering O Construction Materials Testing ❑ f g Special Inspections i iAboise\2006 reports\I200-1399\b61371&61371geotech.doc .APPENDIX GEOTECMWCAL GENERAL NOTES UNIFIED SOIL CLASSIFICATION SYSTEM GEOTECHNICAL TEST PIT LOGS PAVEMENT THICKNESS DESIGN SHEETS RNALUE TEST DATA SITE MAP PLATES Copyright © 2006 Materials Testing &Inspection, Inc 2791 South Victory View Way . Boise, ID 83709 • E Mail mti @ mti-id com . (208) 376-4748 • Fax (208) 322-6515 V✓ww.mti-id com CoMATERIALS TESTING & INSPECTION Septembet 18, 2006 Page # 18 of 25 ( Environmental Services ❑ Geotechnical Engineering 9 9 O Construction Materials Testing 0 Special Ins ections r:\boise\2006 reports11200-1399\b6137I9\b61371geotech doe GEOTECHIVICAL GENERAL NOTES SOIL PROPERTY SYMBOLS N: Standard 'IN" penetration: Blows per foot of a 140 pound hammer falling 30" on a 2" O D. SS. Qu: Unconfined compressive strength, tons/ft2 Qp: Penetrometer value, unconfined compressive strength, tons/ft2 Qe: Cone Penetrometer value, unconfined compressive strength, pounds/in2 V: Vane value, ultimate shearing strength, tons/ft2 Mi Water content; LL: Liquid Limit PI: Plasticity Index NP: Non -Plastic D: Natural dry density, lbs/ft3 WT: Apparent groundwater- level (at time noted after completion). DRILLING AND SAMPLING SYMBOLS SS: Split -Spoon - 1 .3/8" LD , 2" 0 D.., except where noted. ST: Shelby Tube - 3" 0 D.., except where noted. AU: Auger Sample.. DB: Diamond Bit, CB: Carbide Bit. GS: Grab Sample.. Non -Cohesive Soils Very Loose Loose Medium Dense Dense Very Dense RELATIVE DENSITY AND CONSISTENCY CLASSIFICATION Standard Penetration Resistance <4 4-10 10-30 30-50 >50 Cohesive Soils _ Very Soft C, ft �So Firm (Medium Stif Stiff Very Stiff _ Hard PARTICLE SIZE Boulders 12 in.. + Coarse Sand 5 mm to 0.6 mm Cobbles 12 in to 3 in. Medium Sand 0.6 mm to 0.2 mm Gravel 3 in to 5 mm Fine Sand 0 2 mm to 0.074 mm Standard Penetration Resistance <2 _ 2-4 4-8 8-15 15-30 >30 Silts 0 074 mm to 0.005 mm Clays 0.005 mm & Smaller Copyright © 2006 Materials Testing & Irspectien, Tnc 2791 South Victory View Way •Boise, ID 83709 • E-Mail mti@mti-id corn . (208) 48 •Fax (208) 322 65i5 Nn"fw mtHi-1d co COrn I i MATERIALS _ TESTING September 18, 2006 & Page # 19 of 25 INSPECTION ( Environmental Services El Geotechnical Engineering 9� 9 ❑Construction Materials 7estin ❑ S ecial Inspections i.. rAboise\2006 reports11200-1399\b6l37] g%b6l371 geotech doc Unified Soil Classification System Major Divisions Symbol Soil Descriptions Gravel GW Well -graded gravels, gravel -sand mixtures, little or- no fines and Gravelly GP Poorly -graded gravels; gravel -sand mixtures, littlejiffines Soils <50% Silty gravels, Poorly -graded gravel -sand -silt m GM coarse fraction passes #4 sieve Clayey gravels, Poorly -graded gravel -sand -clay GC - Coarse Grained Sand Well -graded sands, gravelly sands, little or, no SW Soils <50% and Sandy SP Poorly -graded sands, gravelly sands, little or- nopassesSoils#200 sieve >5Q% SMSilty sands, Poorly -graded sand -gravel -silt mix coarse fraction passes #4 sieve Clayey sands, Poorl SC y-graded sand -gravel -clay mixtures Silts Inorganic silts & very fine sands, silty or- clayey fine sands, ML and Clays cla a silts Inorganic clays of low to medium plasticity, CL P �', gravelly clays, sandy Fine Grained LL < 50 l clays, , silly clays, lean clays OL Organic silts and organic silt -clays of low plasticity Soils >50% Silts MH Inorganic silts, micaceous or diatomaceous fine sand or- silt passes #200 sieve and Clays CH inorganic clays of high plasticity, fat clays LL11 > 50 OH Organic silts and clays of medium -to -high plasticity Highly Organic Soils Peat, humus, hydric soils with high organic PT content Copyright © 2006 Materials Iesting �c Inspection, Inc. 279t South Victory View Way . Boise, ID 63709 (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mfi-id com . wNnv mti-id. com I MATERIALS Septembei 18, 2006 _ TESTING & Page # 20 of 25 . INSPECTION Environmental Services ❑ Geotechnical Engineering 0 Construction Materials Testing ❑ Special Inspections i" I rAboise12006 reports11200-1399\b6137]g1b61371geotech doe GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP-1 Date Advanced: 911106 Logged By: Liz Brown Excavated By: Struckman's Backhoe Service Location: See Later, Site Map Plates Depth to Water Table: 10.6 Feet Depth to Bottom Of Hole: 11.4 Feet Plezometer Installed Copyright © 2006 Materials Iesdng & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 (208) 376-4748 Fax (208) 322-6515 E-Mail mtic?mti-id.com • www mti-id..com MATERIALS TESTING & INSPECTION September 18, 2006 Page # 21 of 25 (l Environmental Services 0 Geotechnical Engineering O Construction Materials Testing ❑ Special Inspections rAboise12006 reportsl1200-13991b61371g\b6137Igeotech doc GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP-2 Date Advanced: 9/1/06 Logged By: Liz Brown Excavated By: StxuckmanN Backhoe Service Location: See Later Site Map Plates Depth to Water, Table: 9.8 Feet Depth to Bottom Of Hole: 10.2 Feet Depth Field Description, W/USCS Soil Sample eet and Sediment Classification Sample Depth Qp Lab Test . T e Lean Clay (CL): Brown, dry, hard, r•om-To ....... . 1D with organic material to 1.S feet. 4.,5 Cemented Silt (ML): Light brown, 154.4 dry, very st ff to hard, weak calcium 3..75-4.5 carbonate cementation. Silty Sand (SM): Brown, dry to 4.4-9.2 slightly moist, medium dense to dense, indurated, withfnegrained sand. Poorly Graded Sandy Gravel 9.2-10.2 (GP): Brown, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti @mti-id com • www.mti-id com MATERIALS September 18, 2006 TESTING & Page # 22 of 25 INSPECTION r ;Environmental Services O Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections_ t rAboise\2006 reports\I200-1399\b6137Ig\b61371geotech doe GEOTECIMCAL 1 INVESTIGATION TEST PIT LOG Test Pit Log #: TP-3 Date Advanced: 911106 Logged By: Liz Brown Excavated By: Str,uckman's Backhoe Service Location: See Later Site Map Plates Depth to Water Table: 11.0 Feet Depth to Bottom Of Hole: 11.6 Feet Field Description, w/USCS Soil Sample eet and Sediment Classification Sample Depth Qp Lab Test a Lean Clay (CL): Brown, dry, hard, r[Dpth r-om-To - . ID _.. -1..5 with organic material to 1.Ofoot. Bulk 10-15 4.5R-Value Cemented Silt (ML): Light brown,-5..7 dry, very stiff 'to hard, weak calcium 3..5-4.5 carbonate cementation. Silty Sand (SM): Brown, dry to 5.7-10.1 slightly moist, medium dense to dense, indurated, withfine grained sand. Poorly Graded Sandy Gravel 10..1-11.6 (GP): Brown, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles. Plezometer Installed Copyright © 2006 Materials Iesting & Inspection, Inc 2791 South Victory View Way - 8oise, In 83709 • E Mari mtiQmti-id.837 . (208) 376-4748 • Fax (208) 322-6515 www mti-id com MATERIALS TESTING & INSPECTION Environmental Services ❑ Geotechnical September 18, 2006 Page # 23 of25 ❑ Construction Materials Testing ❑Special Inspections r:\boise\2006 reports\1200-1399\b61371&6137lgeotech.doc (3EOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP-4 Date Advanced: 9/1/06 Logged By: Liz Brown Excavated By: Str'uckmaWs Backhoe Service Location: See Later, Site Map Plates Depth to Watez Table: 10.9 Feet Depth to Bottom Of Hole: 11.6 Feet Depth eet) Field Description, w/USCS Soil Sample Sediment. Sample Depth Qp Lab Test and Classification _ T e _._ . rom-To)ID Lean Clay (CL}: Brown, dry, hard, 0.0-1.8 with organic material to 1.2 feet. GS 0.2-0.4 4.,5 A Cemented Silt (ML): Light brown, 1.8-6..8 dry, very stiff'to hard, weak calcium carbonate cementation. 3 ,5-4.5 Silty Sand (SM): Brown, dry to 6..8-9.4 slightly moist, medium dense to dense, indurated, with fine grained sand. Poorly Graded Sandy Gravel 9.4-11.6 (GP): Brown, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles. Lab Test Ln M L L PT% Sieve Analysis _ A - #4 8.1 48 25 100 #10 #40 #100 #200 99 97 93 88.1 Cop; right © 2006 Materials Testing & Inspection, Inc 2791 South Victory View way • Boise, 0 83709 (208) 376-4748 Fax (208) 322-6515 E-Mail md@Mti-id corn • WAPN mtHd corn CoMATERIALS TESTING & INSPECTION September 18, 2006 Page # 24 of 25 1 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r.\boise\2006 reports\1200-1399\b6137Ig\b61371geotech doc IDAHO METHOD - PAVEMENT THICKNESS (USING ADA COUNTY HIGHWAY DISIRICI SUBSTITUTION RATIOS) Pavement Section Design Location: Ernest Property Average Daily Iraftic Count: Design Life: It aflic Index: Climate Factor: Subgrade CBR Value: R-Value of Aggregate Base: R-Value of Granular Borrow: Subgrade R-Value: Expansion Pressure of Subgrade: Unit Weight of Base Materials: All Lanes & Both Directions 20 Years 600 1 R-Value of Subgrade: 1 00 Subgrade Mr. - 80 - 60 1 033 130 i Iotal Design Life 18 kip ESAL's: 33,131 ASPHALTIC CONCRETE: Gravel Equivalent, Calculated: 0 384 Feet Thickness: Gravel Equivalent, ACT UAL: 0,196923077 Use= 0.208 Feet 0.41 CRUSHED AGGREGATE BASE: Gravel Equivalent (Ballast): 0..768 (if'only aggregate base is to be considered change B 14 to B 15) Ihickness: Gravel Equivalent, ACTUAL: 0 329 Use = 0.333 Feet 0 772 GRANULAR BORROW: Gravel Equivalent (Ballast): 1901 Ihickness: Gravel Equivalent, ACTUAL: 1 129 r Use= 1.16666667 Feet 1 939 IOTAL Ihickness: 1 708 Ihickness Required by Exp Pressure: 0.366 Phis number must be less than 'TOTAL Thickness Design (ACHD Values) Depth Substitution Inches Ratios Asphaltic Concrete (at least 2 5): 2,•50 195 (ACHD minimums: 2 5 for local & 3 for art /collector) Asphalt Treated Base( least 4.2)r Cement Treated Base (at least 4..2): 0.00 0.00 Untreated Aggregate Base (at least4..2): 4.00 1 10 Granular Borrow (at least 4 2): 14.00 1 00 Copyright © 2006 Materials Iesting & Inspection, Inc.. 2791 South Victory View Way • Boise, 1D 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mtt@mti-id com • w`WW mti-id.com i MATERIALS September 18, 2006 TESTING & Page # 25 of25 INSPECTION I Environmental Services ❑ Geotechnical Engineering ❑Construction Materials Testing ❑ Special In spections r:\boise\2006 reports\1200-1399\b61371g\b61371-eotech doe i RESISTANCE "R" VALUE LABORATORY TEST DATA ESarmppiffig and Description:1.5' — Clay Date Obtained: Se tember 1 2006 Sample ID: 560i nd Pre aration: ASTM D75: AASHTO T2: X AASHTO T87: X ASTM D421: Test Standard: ASTM D2844: AASHTO T190: Idaho T8: X Nam le A B C Dry Density Ib/ft Moisture Content %o NA NA NA NA NA NA Expansion Pressure si NA NA NA Exudation Pressure si NA NA NA R-Value NA I NA NA R-Value @ 200 psi Exudation Pr-essum = Less than 5** ** ASTM D2844 Note 2: Occasionally, material from very plastic clay -test specimens will extrude from under the mold and around the follower ram during the loading operation If this occurs when the 800-psi point is reached and fewer than five lights are lighted, the soil should be reported as less than 5 R-value 1r%n I 8.0 i s.o I� 4.0 2..0 1 I 0.0 3VV R-Value @ Exudation Pressure zou 200 150 100 Exudation Pressure (psi) CoPYright © 2006 Materials Testing & r ,; 2791 South Victory -- nspeo. on, Irc View Way Boise, 1D 83709 - (208) 376-4748 - Fax (208) 322-6515 E-Mail mti @ mti-id com - www mti-id com