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HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST Project Name: Regency @ River Valley File No. CUP 08-004 Contact Name: Lars Anderson Phone: 801-566-2224 Date Received from Planning and Zoning Department: Planning and Zoning Level: Transmittals to agencies and others: ❑X Notice to newspaper with publish dates ❑ Certifieds to property owners: February 7, 2008 Hearing Date: March 6, 2008 February 11, 2008 18-Feb-08 3-Mar-08 ❑ Planning and Zoning Commission Recommendation: ,,��Approve ❑ Deny Notes: 0Q�i,iyt,C, � �3_�-0W City Council Level: Hearing Date: ❑ Transmittals to agencies and others: z/- -�_ -o 1- ❑ Notice to newspaper with publish dates: -3 and 4 — ❑ Certifieds to property owners: `h (gyp s �� 3 a, (' g ❑ City Council Action: Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Approved by Council: _ Copies Disbursed: _ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parti ❑ Approved by C uncil: ❑ Recorded: ❑ Copies Disbu ed: Ordinance No. e ❑ Approved by Council - ❑ Recorded: Deadline 1 o days line ❑ Published in new paper: ❑ Copies Disbursed: Notes: R-.Wd t: Criginel Re./Copy Cent Mnulebook ✓ Copy P� I Copy Cert City CleM1 City Engineer Ciyple Gty Al ey Slerfing Cocifiers Project File Depuy Clerk Copy Res! C iginel Ce Aze Couny (CPAs) Applicant (n.CPAs) 'Zraea Oran.rk:K: Cnpinel: Mnulebook opiesW Ciy CClerk / srere T.comet. Stag T,.—rer. &dwr. Assessor Sterling Cofifiers Ciy AM,,,ey Ciy Engineer Ciy Planner Project file Apphp ,(deppl.) Depuy Clerk FlnAnys / OrEers: Cr pnal. Minutebook Copies ro. Applicant Projectfile City Engineer Ciy Planner No. ci ty Atromey u ion Depuy Clerk •• Recortl Var:elbn Findngs •• Reco,&d Development Ayreem enls: Cnginal:Rreprod He Coples in Apphcanr Projectfile Ciy Engineer City Planner city Atromey Depuy Clerk E IDIATN' I DA H 0 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 Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: February 28, 2008 Transmittal Date: February 11, 2008 File No.: AZ 08-003 & CUP 08-004 Hearing Date: March 6, 2008 Request: Public Hearing - Annexation & Zoning of 12.06 acres from RUT to R-40 (10.56 acres) and C-C (1.15 acres) zones and Conditional Use Permit for a multi -family development in a proposed R-40 zoning district for Regency at River Valley (Revised) By: Mason & Standfield Location of Property or Project: 2500 N. Eagle Road 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 only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP.PP.cuP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records 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.meridianr:itv.nrn Hearing Date: March 6, 2008 File No.: AZ-08-003 Project Name: Regency at River Valley (Revised) Request: Annexation and Zoning of 12.06 acres from RUT (Ada County) to R-40 (10.56 acres) and C-C (1.15 acres) zones, by Mason & Stanfield. Location: 2500 N. Eagle Road, in Section 4, 13N., R. lE. File No.: CUP-08-004 Request: Conditional Use Permit for a multi -family development in a proposed R-40 zoning district. File No.: VAR-08-001 Request: Variance to UDC 11-3H-4B that prohibits new access points to state highways to allow a temporary access to SH 55/Eagle Road until such time as E. River Valley Road is constructed. File No.: VAR-08-002 Request: Variance to UDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi -family dwellings in covered carports or garages. Planning Department COMMISSION & COUNCIL REVIEW APPLICATION �AA^ toe1vt � 1an�t�� Type of Review Requested (check all that apply) ® Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment IN Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ® Variance ❑ Other Applicant Information Applicant name: lyl aSon and Sta n f jml d Inc Phone: Applicant address: 314 Badlola St C21dw II.JD Zip: 93(60c; Applicant's interest in property: )(Own ❑ Rent ❑ Optioned ❑ Other Owner name: See attached Exhibit"A' Phone: Owner address: 2785 W. 9000 S. W^Sf' nrdan, UT Zip: 84098 Agent name (e.g., architect, engineer, developer, representative): Firm name: Mason anel Sta n fi I r-1 Address: __3l4 R ad 1 o I a 5f. Cad we 11D Primary contact is: ❑ Applicant ❑ Owner 0 Agent ❑ Other Contactnd.• E-mail: lar!9,2nd •kChhnmeS. Subject Property Information Phone: (2�09)45"Z% zip: 83605 Phone: 0_ 5 Fax: Location/street address: 2 S00 N. Eaol c Road Mcrid ll 2 j ,11) 8 364 Assessor's parcel number(s): 511012,i3914 Y a r 7 n111 Township, range, section: 13N. RIE Sec 4 Total acreage: Current land use: p 1r I C U LI ro'( Current zoning district: RuT 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 1 ww.m888-6854 • Website: weridiancity ore Project Description Project/subdivision name: 1 he Kea General description of proposed project/request: Apart mentCornrnunitu-ClubhO SG fool dOd Spa 2 Q4 Aoarhmet*Units Cornrnon Areas, Comm_ r al i0dice� Proposed zoning district(s): R - 40 c C Acres of each zone proposed: 10.56 A=!s I A 5 A cres Type of use proposed (check all that apply): *( Residential X Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable):_ Reside 3bab Paol, Spa, and Cornrtnoh A(Q$ Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? J' ett lers # Nampa Merld lan k dric S Primary irrigation source: South 5 1 DU ►�_ Secondary: 1 Clt DOMeStlr W'2t 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: t Number of building lots: Number of common and/or other lots: -©' Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: (e0 2 or more Bedrooms: 144 Minimums square footage of structures excl. garage): q g () ( g g) 3. 791 Proposed building height: 40 Minimum property size (s.f): t/- &ACrGS Average property size (s.f.): nl/A Gross density (DU/acre-total land): 11 . 8G Net density (Macre-excluding roads & alleys): 36 .19 Percentage of open space provided: 1 R fA Acreage of open space: 1.9 1 Acre-5 Percentage of useable open space: 100% (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): 2.10 9Gr-S Landswtna Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes % Multi -family Non-residential Project Summary (if applicable) Number of building lots: 1 Other lots: &- Gross floor area proposed: 10,100 Existing (if applicable): N % A Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Total number of employees: Building: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Applicant signature: Date: 1 -- 1 A —O lb 660 E. Wate$ower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 ason Professional Engineers, Land Surveyors and Planners 314 Badiola St. Caldwell, ID 83605 to f fi -cId, Inc. Ph (208) 454-0256 Fax (208) 454-0979 e-mail: sstanfield.(a�msens.us NARRATIVE FOR REGENCY AT RIVER VALLEY Summary Description The project is comprised of two parcels totaling approximately 12.06 acres. It is located east of and adjacent to N. Eagle Road, south of Ustick Road and north of and adjacent to the future extension of E. River Valley Road. We are requesting annexation of two zones and an accompanying CUP. The annexation request includes 1.15 acres (for C-C zone) for the westerly portion adjacent to Eagle Road and 10.91 acres for an R-40 zone. The request complies with the current Comprehensive Plan. The project will comply with the UDC with the exception of covered parking and a temporary access to N. Eagle Road (see below). The project is within the Urban Service Planning Area. The Owner is excited to be a part of development in this area of Meridian. The Bach Corporations has been building and developing for over 25 years in the Rocky Mountain region and has developed single family, multi -family, and commercial projects in many different areas. They provide a wonderful product complete with interior upgrades and amenities. C-C Zone Detailed Description The C-C zone is not currently proposed to be developed by the Owner. However, after annexation, it is our intention to submit a PBA application to adjust the two parcel's boundaries to match the two zone boundaries. The Owner currently intends to market the C-C area for sale after the PBA is accepted by the City. The C-C area includes features necessary for development of the R-40 zone. These include a variance request for a temporary full -access approach to N. Eagle Road. The temporary access will extend easterly, from N. Eagle Road, to the westerly limits of the R-40 area. Since other approaches have been allowed for other parcels adjacent to Eagle Road, the variance will not grant a right or special privilege that has not otherwise been allowed in the district. Ultimately, and perhaps very early in the process, the project's use of the approach will be terminated (please note, an approach currently exists and is shared with our neighbor to the south). The temporary approach variance is requested simply because it might be the project's only access until such a time that the owner of the parcel to our south provides right-of-way for E. River Valley Road (see application and Council decision by CenterCal). This situation creates an undue hardship not caused by the Owner. If granted, the temporary approach would relieve this undue hardship. The traffic engineer, Hales Engineering, has provided a memorandum discussing approach (attached). as®n tank% i.G Professional Engineers, Land Surveyors and Planners Page 2 The C-C area also includes a north -south ingress/egress easement along the easterly portion of the C-C area. This will provide north -south access for adjacent parcels. Ideally, as the adjacent parcels develop, the access will be extended to the south and connect to E. River Valley Road. R 40 Zone Detailed Description The R-40 zone is designed to include 9 apartment buildings (204 living units with individual patios), a clubhouse, swimming pool area, a putting green, several gazebos, an entry water feature, pathways, extensive landscaping, a play ground area, 412 total parking stalls with 42 garage spaces and 257 carport spaces, and approximately 18% useable open space. The clubhouse will feature a fitness area, internet cafe, a central mail room, game room, a leasing office/property management office, a maintenance storage area, and a directory map of the development. To address fire code issues, the living units will be constructed with fire sprinklers meeting NFPA requirements (sprinklers installed in crawl spaces, attics, all living spaces, etc). A variance from the required covered parking is requested. 364 covered stalls are required by ordinance. The project will provide 299 covered stalls. The deficiency is caused by site characteristics. The parcel is unusually shaped and the Finch Lateral borders the entire northerly boundary. NNIID asserts a 40' easement south of the centerline of the Finch Lateral. They will not permit structures within said easement, but will allow surface features such as curb and pavement. The lack of necessary covered parking should not be detrimental to the public health, safety and welfare. HALES ')ENGINEERING mr-mvaf ve tranno.-tction solutions MEMORANDUM Date: January 11, 2008 To: Bach Homes From: Hales Engineering 179 North 1200 East, Ste. 103 Lehi, Utah 84043 p: (801) 766-4343 f: (801) 766-2050 Subject: Meridian — The Regency at River Valley (Temporary Site Access) This memorandum addresses the proposed temporary site access to Eagle Road on the northwest side of the property, see attached site plan. The conditions proposed by this temporary access presently occur at other locations along Eagle Road. Hales Engineering evaluated the impacts of a single site access on the northwest side of the property for the existing plus project conditions section of our traffic impact study submitted to the Idaho Transportation Department (ITD), the Ada County Highway Department (ACHD) and to COMPASS. A review of this analyses showed that from an operational standpoint the access will function with an overall intersection level of service (LOS) of "C" with 22.6 seconds of delay per vehicle on the average. The minor street movements will experience high levels of delay during the peak periods of the day, however, with the existing two-way left turn median lane; vehicles will be able to make a two stage left turn in order to exit the site. It was recommended in the study that a northbound right turn lane be installed to allow right turn ingress vehicles the ability to safely reduce speeds while not adversely affecting the main traffic flow on Eagle Road. The traffic study completed by Hales Engineering assumed that this would be a temporary condition until River Valley Street is constructed, at which time a traffic signal will be installed at the intersection with Eagle Road and the temporary access driveway eliminated. Please contact us if you have any questions about this memorandum. January 28, 2008 Ms. Sonya Watters Assistant Planner City of Meridian 660 E. Watertower Ln., Ste. 202 Meridian, Idaho 83642 Dear Ms Watters: This letter is a response to your comments regarding the completeness of our application for the Regency at River Valley Apartment Project located in Meridian, Idaho. 1. We have provided updated building elevations of all sides and garage structures that include the construction materials. 2. The Site Plan now shows a conceptual development plan for the commercial area adjacent to Eagle Road. Please note this is shown for annexation purposes only. We do not intend to develop the site nor are we asking for any site plan approval of the site. We are happy to provide cross access for the commercial properties north and south of this site. 3. A blow-up detail of the temporary access is provided on the revised Site Plan. 4. Compliance with the multi -family specific use standards are as follows: a. The provided floor plans show the balcony areas greater than 80 square feet. b. The property management office, maintenance storage area, central mailbox location and parcel mail location are shown on the revised clubhouse floor plan and garage floor plan. The site directory and map is indicated on the site plan. c. Square footage of each floor plan has been included. 5. The project will not be Phased. 6. Thirty-two folded copies of the site plan and 14 folded copies of the landscape plan are included with this transmittal. We thank you for all your efforts and look forward to a Public Hearing with the Planning and Zoning Commission. Sincerely, Lars Anderson Project Manager Bach Homes 11650 South State Street, Suite 300 - Draper, Utah 84020 • Phone: 801.566.2224 • Fax. 801.566.2203 - www.bachhomes.net THE REGENCY AT RIVER VALLEY Total Square Footage per Building Sq. Ft. ea Required Open Total Required Open Building A # of Units Space (Sq. ft. ea) Space (Sq. ft. ea) (8) 2-Bed 8 1037 250 2,000 (4) 1-Bed 4 833 250 1,000 Total 11,628 sq. ft. Building B (8) 3-Bed 8 1228 (16) 2-Bed 16 1037 Total 26,416 sq. ft. Building C (8)3-Bed 8 1228 (16) 2-Bed 16 1037 Total 26,416 sq. ft. Building D (8)2-Bed 8 1037 (16) 1-Bed 16 833 Total 21,624 sq. ft. Building E (8) 2-Bed X 8 1110 (16) 1-Bed X 16 871 Total 22,816 sq. ft. Building F (20) 2-Bed X 20 1110 (4) 1-Bed X 4 871 Total 25,684 sq. ft. Building G (20) 2-Bed 20 1037 (4) 1-Bed 4 833 Total 24,072 sq. ft. Building H (20) 2-Bed 20 1037 (4) 1-Bed 4 833 Total 24,072 sq. ft. Building 1 (8) 3-Bed 8 1228 (16) 2-Bed 16 1037 Total 26,416 sq. ft. i TOTALS 209,144 sq. ft 350 2,800 250 4,000 350 2,800 250 4,000 250 2,000 250 4,000 250 2,000 250 4,000 250 5,000 250 1,000 250 5,000 250 1,000 250 5,000 250 1,000 350 2,800 250 4,000 53,400 sq. ft 83,312 (provided) sq. ft see attached Exhibit'°A" I RAW LLC AS TO THERE UNDIVIDED 37.118% INTERMT, MB]R, LLC AS TO THERE UNDIVIDED 9.4564/o WMEST, EAGLE MESA., LLC AS TO THERE UNDIVIDED 23,640% Rq EMT, EAGLE COULTER, LLC AS TO THERE UNDIVIDED 23.640% INTEREST AND IACOM, %C. AS TO THERE UNDIVIDED 6.146% INTEREST ALL AS TENANT'S IN COMMON_ ���%<4w-.,el . MASON & STANFIELD, INC. PROFESSIONAL ENGINEERS, LAND SURVEYORS & PLANNERS 314 BADIOLA STREET CALDWELL, IDAHO 83605 FOR: Bach Builders JOB NO.: NV 1205 DATE: April 18, 2006 REVISED ANNEXATION PROPERTY DESCRIPTION DETERMINED BY RECORD DATA TELEPHONE: (208) 454-0256 FAX: (208) 454-0979 Email: dholzhey@mseng.us A parcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the Office of the Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more particularly described as follows: Commencing at the NW corner of said SW 1/4 NW 1/4, (North 1/16 corner common to sections 4 and 5), said comer bears S. 00' 36' 08" W., a distance of 1291.17 feet from the NW comer of said Section 4; Thence S. 00136' 11" W., a distance of 776.26 feet, (formerly South), along the westerly boundary of said SW 1/4 NW 1/4 to the POINT OF BEGINNING; Thence S. 89' 23' 49" E., a distance of 70.00 feet, (formerly East), to a point on the easterly boundary of that certain Warranty Deed recorded as Instrument No.95018434 in the Office of the Recorder of Ada County, Idaho, said point monumented with a found 5/8 inch diameter iron pin marked "ASG PLS 7314' ; Thence along the boundary of said Record of Survey No. 6638 the following courses and distances: Thence continuing S. 89' 23' 49" E., a distance of 230.00 feet, (formerly East), to a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence N. 00° 36' 11" E., a distance of 218.08 feet, (formerly North 218.05 feet), to a point on the southerly boundary of that certain "Determination of Heirs", Case No. SP IE 0300520M, recorded as Instrument No. 104047079 in the Office of the Recorder of Ada County, Idaho, said point witnessed S. 00° 36' 11" W., a distance of 40.00 feet with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence continuing along the boundary of said Record of Survey No. 6638 and along the southerly boundary of said Instrument No. 104047079 the following courses and distances: Thence N. 84° 26' 11" E., a distance of 17.43 feet, (formerly N. 830 50'E.) to a point; MASON & STANFIELD INC. PROFESSIONAL ENGINEERS, LAND SURVEYORS, & PLANNERS Page 2 of 3 Bach Builders, Multi Family -NV 1205\Survey\legals\Revised Annex.doc Thence S. 66' 18' 49" E., a distance of 264.00 feet,(formerly S. 66' 55'E.), to a point, said point referenced S. 45' 26' 11" W., a distance of 30.00 feet with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 34' 48' 49" E., a distance of 227.70 feet,(formerly S. 35' 25'E.), to a point, said point referenced S. 86' 44' 15" W., a distance of 11.50 feet with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 71' 16' 49" E., a distance of 132.00 feet,(formerly S. 71' 55'E. ), to a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 85" 33' 49" E., a distance of 174.90 feet,(formerly S. 86' ME.), to a point, said point referenced S. 27' 42' 23" W., a distance of 30.00 feet with a found 5/8 inch diameter iron pin marked "ASG PLS 7314' ; Thence S. 40' 43' 49" E., a distance of 364.98 feet, (formerly S. 41° 20'E., a distance of 366.30 feet), to a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 72158' 49" E., a distance of 99.29 feet,(formerly S. 73' 35'E., a distance of 98.34 feet), to a point on the easterly boundary of said SW 1/4 NW 1/4, said point witnessed S. 00' 40'48" W., a distance of 20.00 feet with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence leaving the southerly boundary of said Instrument No. 104047079 and continuing along the boundary of said Record of Survey No. 6638, S. 00° 40'48" W., a distance of 111.65 feet,(formerly South a distance of 112.86 feet), along the easterly boundary of said SW 1/4 NW 1/4 to the SE corner of said SW 1/4 NW 1/4, (center west 1 / 16 comer), said corner monumented with a found 5/8 inch diameter iron pin marked "PAT PLS 4347"; Thence N. 89' 45' 2 1 " W., a distance of 978.27 feet,(formerly West a distance of 979.24 feet), along the southerly boundary of said SW 1/4 NW 1/4 to a found 5/8 inch diameter iron pin marked "ASG PLS 7314" which bears S. 89' 45' 2 1 " E., a distance of 350.00 feet from the SW comer of said SW 1/4 NW 1/4,( 1/4 corner common to sections 4 and 5); Thence N. 00' 36' 11" E., a distance of 180.00 feet, (formerly North), to a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence N. 89' 45' 2 1 " W., a distance of 49.86 feet,(formerly West), to a point on the easterly boundary of that certain Warranty Deed recorded as Instrument No. 7741806 in the Office of the Recorder of Ada County, Idaho, said point monumented with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence N. 00' 36' 11" E., a distance of 145.00 feet, (formerly North), along the easterly boundary of said Instrument No. 7741806 to a point, said point witnessed S. 00° 36' 11" W., a distance of 1.00 foot with a found 5/8 inch diameter iron pin marked "ASG PLS 7314'% MASON & STANFIELD INC. PROFESSIONAL ENGINEERS, LAND SURVEYORS, & PLANNERS Page 3 of 3 Bach Builders, Multi Family -NV 1205\Survey\legals\Revised Annex.doc Thence N. 89' 45' 2 1 " W., a distance of 230.14 feet,(formerly West) along the northerly boundary of said Instrument No. 7741806 to a point on the easterly boundary of that said Warranty Deed Instrument No. 95018434, said point monumented with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence continuing N. 89' 45' 2 1 " W., a distance of 70.00 feet, along the extension of said northerly boundary to a point on the westerly boundary of said SW 1/4 NW 1/4; Thence N. 00° 36' 11" E., a distance of 218.94 feet along the easterly boundary of said Warranty Deed Instrument No.95018434 to the POINT OF BEGINNING. This parcel contains 12.06 acres more or less. All according to the record of survey as recorded in the Office of the Ada County Recorder. SUBJECT TO: All existing rights of way and easements of record or implied appearing on the above -described parcel of land. This Legal Description was written without the benefit of an actual boundary survey. The courses shown hereon were prepared from that certain Record of Survey for "6638", Recorded as Instrument No. "104124018" in the Office of the Recorder of Ada County, Idaho. ars T�q� ,r. 9366 a of\0'HOL1 A,N!' EXA.T/OEV E?CH/F"�T 32 33 51 4 USTICK ROAD �I r7 o� 0 N1/16 corner Sections 5/4 N84'26' 11"E ry 17.43' LI 000 5661 N 26 9 F\ 3 LINE TABLE LINE BEARING DISTANCE Ll S89'23'49"E 70.00 L2 S45'26'1l"W 30.00 L3 S86'44'15"W 11.50 L4 S27'42'23"W 30.00 L5 N89'45'21"W 70.00' w o POINT OF of BEGINNING RM� s� Cr N O P• Lv L1 S89'23'49"E Z � 2T0.00' 0" F` Q W1I- R1 ML3S,11649F 1 00 �32 p0, S85'33'49"E o N-174.90WRM' Ln ZN LS N8930.14`"W 12.06 Acres. b w io Io ILn 3� 00 o z o to Lo S� bI N89'45'21"W `1I o �9 E w 49.860 0,WC91ol2� o co N89'45'21"W 350.00' "W o21 '45 1/4 corner — — — — — — — — — N89' 94521 — — — — — — o Sections 5/4 "PAT LS 4347" REVIEW P AL BY 0 100 200 400 JAN, 2 5 2008 Scale: 1 "=200` MERIDIAN. PUBLIC WORKS DEPT. -� LEGEND Calculated point Found brass cop monument 0 Found 5/8 inch dia. iron pin w/plastic cap "ASG PLS 7314", unless otherwise noted WC Witness corner RM Reference monument — - - - - — Property boundary line - — Section line ST Professional Engineers, as�'l Land Surveyors _ & Planners r vaA.".arwoninkm Lot Closure Report - Lot # 2 file- S:\S\BACH BUILDERS, MULTIFAMILY NV1205\DWG\ANNEXATION EXHIBIT.msj\lc 2.txt Wednesday, June 14, 2006, 2:56:38p.m. Starting location (North, East) _ ( 715540.624, 2465066.746 ) (In the table below, the Length of Curves refers to the chord length. and the Bearing of Curves refers to the chord bearing.) Leg Segment Bearing Length Front 1 Line S89023'49"E 70.000 No 2 Line S89023'49"E 230.000 No 3 Line N00036'11"E 218.080 No 4 Line N84026'11"E 17.430 No 5 Line S66018'49"E 264.000 No 6 Line S34048'49"E 227.700 No 7 Line S71016'49"E 132.000 No 8 Line S85033'49"E 174.900 No 9 Line S40043'49"E 364.980 No 10 Line S72058'49"E 99.290 No 11 Line S00040'48"W 111.650 No 12 Line N89045'21"W 978.270 No 13 Line N00036111"E 180.000 No 14 Line N89045'21"W 49.860 No 15 Line N00036111"E 145.000 No 16 Line N89045'21"W 230.140 No 17 Line N89045'21"W 70.000 No 18 Line N00`36111"E 218.940 No End -Northing 715539.888 715537.467 715755.535 715757.225 715651.168 715464.223 715421.859 715408.330 715131.752 715102.690 714991.048 714995.217 715175.207 715175.419 715320.411 715321.392 715321.690 715540.618 Ending location (North, East) _ ( 715540.618, 2465066.755 ) End_Easting 2465136.74.2 2465366.730 2465369.02.5 2465386.373 2465628.133 2465758.129 2465883.146 2466057.522 2466295.671 2466390.612 2466389.287 2465411.026 2465412.921 2465363.061 2465364.58"1 2465134.449 2465064.450 2465066.755 Total Distance 3782.240 Total Traverse Stations 19 Misclosure Direction N52040'24"W (from ending location to starting location) Misclosure Distance 0.011 Error of Closure 1:359834.5 Frontage 0.000 Frontage/Perimeter 0.0 percent AREA 525349.351 sq. ft. (straight segment added to close traverse) = 12.060362 Acres V ason Professional Engineers, Land Surveyors and Planners 314 Badiola St. Caldwell, ID 83605 to n ft e IJ Jnc Ph (208) 454-0256 Fax (208) 454-0979 e-mail: dholzhey9inseng.us PROPERTY DESCRIPTION PARCEL 1 C- C' A parcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the Office of the Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more particularly described as follows: Commencing at the SW corner of said S W 1 /4 NW 1 /4, (WI/4 comer of Section 4), said corner monumented with a brass disk; Thence N. 00' 36' 08" E. a distance of 543.94 feet along the westerly boundary of said SWIA NW 1 A to a point; Thence S. 89' 23' 52" E. a distance of 70.00 feet perpendicular to said westerly boundary to the POINT OF BEGINNING, said point monumented with a found 5/8-inch diameter iron pin; Thence continuing S. 89' 23' 52" E. a distance of 230.00 feet to a found 5/8-inch diameter iron pin; Thence S. 00' 33' 54" W. a distance of 217.06 feet to a found 5/8-inch diameter iron pin; Thence, N. 89' 45' 23" W. a distance of 230.15 feet parallel with the southerly boundary of said S W 1 A NW 1 A to a found 5/8-inch diameter iron pin; Thence N. 00' 36' 08" E a distance of 218.50 feet parallel with the westerly boundary of said S W 1 A NW 1 A to the POINT OF BEGINNING. This parcel contains 1.15 acres more or less. Also, this parcel is subject to all easements and rights -of -way of record or implied. k�Vl PP av OVAL 1AN 2 5 2008 WORKS pEPT,C _ ->C7H ■ B ■ T QD _Z Q W m LL- V) Q m Q O ct W J Q W Z 32 33 5 4 °; POIN T OF BEGINNING N I PARCEL 1 ASG LS 73141 S89 `23'52' L3 230.00' I I I 'E — _ OASG LS 7314 oI � Porcel 1 1LO 00 ± 1. 15 ocres o Z c) I �I N89'45'23"W _ - 1.00' ASG LS 7314 230.15' ASG LS 7314 �'��-_ O WC i LINE TABLE LINE I BEARING I DISTANCE L3 I S89-2352"E 1 70.00 ASG LS 73114 O ASG LS 7314 I 20' STOKESBERRY LATERAL S894523"E 350.01 - - -�- - - - - - W 1/4 Cor, ASG LS 7314 Sec. 4 rl REVIE AP R !AI DY JAN 2 5 2008 MERIDIAN MUG WORKS 9�f�• BACH BUILDERS PARCEL 1 EXHIBIT JOB NO. Professional Engineers, DWG NO. _Ma5on Land Surveyors �T8 Plannrs SCALE: an / 1e l 314Baft & Cale ID8w FIfLO " /a)454-m Far(,78-j, ,v79 JH W1205 exhibit parcel 1 N.T.S. REV. Q IK N0. DATE: 05/02/06 Lot Closure Report - Lot # 1 file- S:\S\BACH BUILDERS, MULTIFAMILY NV1205\SURVEY\CLOSURE.msj\lc l.txt Tuesday, May 2, 2006, 8:23:47a.m. Starting location (North, East) _ ( 715539.891, 2465136.735 ) (In the table below, the Length of Curves refers to the chord length. and the Bearing of Curves refers to the chord bearing.) Leg -Segment Bearing Length Front End Northing End ------ ----- Easting 1 Line 2 ------------ ----------- S89023152"E 230.000 No 715537.474 2465366.723 Line 3 S0003315411W 217.060 No 715320.424 2465364.582 Line 4 N89045'23"W 230.150 No 715321.403 2465134.434 Line N00036108"E 218.500 No 715539.891 2465136.731 Ending location (North, East) _ ( 715539.891, 2465136.731 ) Total Distance : 895.710 Total Traverse Stations : 5 Misclosure Direction Misclosure : N84058'49"E (from ending location to starting location) Distance : 0.005 Error of Closure : 1:199021.1 Frontage : 0.000 Frontage/Perimeter : 0.0 percent AREA traverse) : 50105.827 sq. ft. (straight segment added to close = 1.150272 Acres *********** a5on Professional Engineers, Land Surveyors and Planners 314 Badiola St. Caldwell, ID 83605 _N_7ta n f & d Inc Ph (208) 454-0256 Fax (208) 454-0979 e-mail: dholzilagmseng.us PROPERTY DESCRIPTION PARCEL 2 ?. -40 A parcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the Office of the Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more particularly described as follows: Commencing at the SW corner of said SW 1 /4 NW 1 /4, (WI/4 corner of Section 4), said corner monumented with a brass disk; Thence S. 89' 45' 23" E. a distance of 350.01 feet to the POINT OF BEGINNING, said point monumented with a found 5/8-inch diameter iron pin; Thence N. 00' 36' 08" E. a distance of 180.00 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a found 5/8-inch diameter iron pin; Thence N. 89' 45' 23" W. a distance of 49.86 feet parallel with the southerly boundary of said S W 1 A NW 1 /4 to a found 5/8-inch diameter iron pin; Thence N. 00' 36' 08" E. a distance of 145.00 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a found 5/8-inch diameter iron pin; Thence N. 00' 33' 54" E. a distance of 217.06 feet to a found 5/8-inch diameter iron pin; Thence N. 00' 36' 08" E. a distance of 218.08 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a point that falls in the South Slough; Thence along said South Slough the following courses and distances; Thence N. 84' 26' 08" E. a distance of 17.43 feet to a point; Thence S. 66' 18' 52" E. a distance of 264.00 feet to a point; Thence S. 34° 48' 52" E. a distance of 227.70 feet to a point; Thence S. 71 ° 16' 52" E. a distance of 132.00 feet to a point; Thence S. 85' 33' 52" E. a distance of 174.90 feet to a point; Thence S. 40' 43' 52" E. a distance of 364.98 feet to a point; MASON & STANFIELD, INC. SURVEYORS, ENGINEERS & PLANNERS Page 2 Thence S. 72' 58' 52" E. a distance of 99.25 feet to a point on the easterly boundary of said SW1/4 NW1A; Thence leaving said slough S. 00' 37' 52" W. a distance of 111.66 feet along said easterly boundary to the SE corner of said SW1/4 NW1/4, said corner monumented with a found 5/8-inch diameter iron pin; Thence N. 89' 45' 23" W. a distance of 978.33 feet along the southerly boundary of said SWl/4 NW 1 /4 to the POINT OF BEGINNING. This parcel contains 10.56 acres more or less. Also, this parcel is subject to all easements and rights -of -way of record or implied. ?�V 1S7FA Lot Closure Report - Lot # 2 file- S:\S\BACH BUILDERS, MULTIFAMILY NV1205\SURVEY\CLOSURE.msj\lc 2.txt Tuesday, May 2, 2006, 8:32:43a.m. Starting location (North, East) _ ( 714995.229, 2465411.029 ) (In the table below, the Length of Curves refers to the chord length. and the Bearing of Curves refers to the chord bearing.) Leg --- Segment -------- Bearing ------- Length ------ Front ----- End -Northing End_Easting 1 Line N00036108"E 180.000 No ------------ 715175.219 ----------- 2465412.921 2 Line N8904512311W 49.860 No 715175.431 2465363.OE1 3 Line N00036'08"E 145.000 No 715320.423 2465364.585 4 Line N00033'54"E 217.060 No 715537.472 2465366.726 5 Line N00036108"E 218.080 No 715755.540 2465369.018 6 Line N84026108"E 17.430 No 715757.230 2465386.366 7 Line S66018152"E 264.000 No 715651.177 2465628.127 8 Line S3404815211E 227.700 No 715464.234 2465758.126 9 Line S71016'52"E 132.000 No 715421.872 2465883.144 10 Line S85033'52"E 174.900 No 715408.346 2466057.520 11 Line S40043'52"E 364.980 No 715131.771 2466295.673 12 Line S72058'52"E 99.250 No 715102.722 2466390.577 13 Line 500037'52"W 111.660 No 714991.069 2466389.347 14 Line N89045'23"W 978.330 No 714995.228 2465411.026 Ending location (North, East) _ ( 714995.228, 2465411.026 ) Total Distance : 3180.250 Total Traverse Stations : 15 Misclosure Direction : N81'47'54"E (from ending location to starting location) Misclosure Distance : 0.003 Error of Closure : 1:971005.4 Frontage : 0.000 Frontage/Perimeter : 0.0 percent AREA : 459931.818 sq. ft. (straight segment added to close traverse) = 10.558582 Acres *********** r NCH ■ B 9 -r- v a3 _ - - - - W USTICK ROAD _ SB9�9 by n r32yss' - - SB9�9'1T[ 1329.60' ISG PL5 n29 IIII � �1 1 I\ I III \T �Bsze � I U j Q 2 ASO LS\ 1311 �• \ 2 OeQ A- LS 131. \\ \\ It LO W I ASO LS 31. S,, SOv%/y SC � ` ` 176�7 �0A' n I 13 .00' ��SB533' t7a,90•79 I I _ ASO LS 731. IIC , Porcel 2 �� `= 410.55 ocres z \ �p L2 ASO LS 13 . ASO LS -1. LWE SABLE \\ \ \ \ IM89.524.\ .43 JLWE BEARWO p"AWCE ASO LS 131. .too 0 1? '.aes\\9925 f \ to OI m ASO LS 7314 3 `� - - - Z STOK£SBERRY LATERAL �+ - _ - _ 20' n e -- - - - - -- --- - �_ T --------------------------------- 0 ------------------ _ 589152SE SSo.M' — — mm — W V• co. ASO LS 7314 �� N89%15'23'W s� • BEONNIN 978.33• PAr Ls 13.1 1330 A" C 114 Ca. PARCEL Y sm. PLS 1129 RVAL BYEVI JAN 2 Z008 BACH BUILDERS PARCEL 2 EXHIBIT MERIDIAN PUBLIC — WORKS DEPT. JOB No. IW120Q ProfessiEfQk' evs, owc No. axNblt parcel 2 a s o n BI Plan *WS SCALE: N.T.S. REV. tanfj"eld %>< FI£LO BOOK NO. (— JH 1 04)2"6 ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT 15,00 5 VLandAmerica BOISE IDAHO 10130 04.39 PM Transnation RDEPUTY Rava ECO DEDe AEOUEST OF III Illlilllillliilllililllllilll!!III Transnation Title 1©51 E.t3608 Escrow No. 050034906 edW WARRANTY DEED I FOR VALUE RECEIVED H. Lavonne Weiss, an unmarried person and Stephen M. Weiss, an unmarried person GRANfOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: SEE ATTACHED EXHIBIT "B" GRANTEES(s), whose current address is: the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED (Continued) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Graniee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantot(s) will warrant and defend the same from all lawful claims whatsoever, Date: 1017,I105 Lkw0=45 Weiss !Nz StWen itr. 1ve ss Notary Acknowledgment — see page 2 0ARRAIVTY DEED - NOTARY ACKNOWLEDGMENT(S): State of Idaho, County of Ada, ss. On this zday of October in the year of 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen M. Weiss known or identified to me to be the person(s) whose name(s) islare subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. .0 Christine A. Whittington Residing at: Boise, Idaho My commission expires: 08/15/2008 - State of '�q County of , ss. y of October in the year of 2005, before me, the undersigned, a Notary Public in and for On this 2i��a said State, person y appeared RW a� known or identified to me to be the person(s) whose names(s) is/are subscribed to the within instrument, as the attorney in fact of H. Lavonne Weiss thereto as principal, and his/her own name as attorney in fact. �� ll 9 lrrr►Ir,Iti z i �tfo(iG�c•�sStoN:�''Gii n Residing at, My commission expires: D� • f 2 _ �N� a�PUBIf� opt:1 �iprrrWASH����� LEGAL DESCRIPTION (continued) EXHIBrr'A" PARCEL) A tract of land located in the Southwest quarter of the Northwest quarter, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more fully described as follows - Beginning at the West quarter comer of Section 4, Township 3 North, Range 1 East, Boise Meridian; thence running North 90000'00" East along the East-West center section line of said Section 4 a distance of 652.98 feet to the REAL POINT OF BEGINNING; thence running North 00'00'00" East, a distance of 211.00 feet to a point; thence running North 90'00'00" East, a distance of 183.74 feet to a point; thence running North 00'00'00" East, a distance of 60.00 feet to a point; thence running North 90*00'00" West, a distance of 183.74 feet to a point; thence running North 00'00'00" East, a distance of 253.61 feet to a point; thence running South 35'25'00" East, a distance of 69.02 feet to a point; thence running South 71'55'00" East, a distance of 132.00 feet to a point; thence running South 86'10'00" East, a distance of 174.90 feet to a point; thence running South 41'20'00" East, a distance of 366.30 feet to a point; thence running South 73'35'00" East, a distance of 98.34 feet to a point; thence running South 00'00'00" East, a distance of 112,86 feet to a point on the East-West center section line of said Section 4; thence running North 90'00'00" West, a distance of 67626 feet to the REAL POINT OF BEGINNING.. PARCEL II A portion of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, lying South of the centerline of what is commonly known as the South Slough, more particularly described as follows: Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada county, Idaho; thence South along the West line of said Section 4 a distance of 77626 feet to the REAL POINT OF BEGINNING; thence East 300.00 feet to a point; thence North 218-05 feet to a point; thence North 83'50' East 17A3 feet to a point; thence South 66'55' East 264.90 feel to a point; thence South 35'25' East 227.70 feet to a point; thence South 71'55' East 132.00 feet to a point; thence South 86'10' East 174.90 feet to a point; thence South 41'20' East 366.30 feet to a point; thence South 73*35' East 98.34 feet, more or less, to a point on the East line of said Southwest quarter of the Northwest quarter of Section 4; thence South 112.86 feet, more or less, to the Southeast comer of the Southwest quarter of the Northwest quarter, thence West along the East-West quarter line 97924 feet, more or less, to a point 350.0 feet Easterly of the West line of said Section 4: thence (Continued) LEGAL DESCRIPTION (continued) —North-180.00 feet to a point; (hence West 49.86 feet to the Southeast comer of that parcel described in Warranty Deed recorded August 31, 19T7, as Instrument No. 7741806, records of Ada County, Idaho; thence along the East and North boundaries of the aforementioned Deed the following two courses: North 145.00 feet; thence South 89°37'15" West 300.41 feet; thence North 212.80 feet to the REAL POINT OF BEGINNING. EXCEPT a tract of land located in the Southwest quarter of the Northwest quarter, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more fully described as follows: Beginning at the West quarter comer of Section 4, Township 3 North, Mange 1 East. Boise Meridian; thence running North 90"00'00" East along the East-West center section fine of said Section 4 a distance of 652.98 feet to the REAL POINT OF BEGINNING; thence running North 00"00'00" East, a distance of 211.00 feet to a point; thence running North 90'00'00" East, a distance of 183 74 feet to a point; thence running North 00"00'00" East, a distance of 60.00 feet to a point; thence running North 90"0900" West, a distance of 183.74 feet to a point; thence running North 00"00'00" East, a distance of 253.61 feet to a point; thence running South 35*25,00' East, a distance of 69.02 feet to a point; thence running South 71*55'00" East, a distance of 132,00 feet to a point; thence running South 86`10'00" East, a distance of 174.90 feet to a point; thence running South 41 "20'00" East, a distance of 366.30 feet to a point; thence running South 73°3600" East, a distance of 98.34 feet to a point; thence running South 00"00'00" East, a distance of 112.86 feel to a point on the East-West center section line of said Section 4; thence running North 90100'00" West, a distance of 676 26 feet to the REAL POINT OF BEGINNING. ALSO EXCEPT that portion conveyed to the State of Idaho, Idaho Transportation Board by Warranty Deed recorded March 20, 1995, as Instrument No. 95018434, of Official Records. AND ALSO EXCEPT THEREFROM any portion lying within the South Slough and Stokesber y Lateral. See attached Exhibit IS" RAh% LLC AS TO THERE UNDNMED 37.118% INTEREST, MBM LLC AS TO T$$RB UNDIVIDED 9.4560/c Il+1 HEST, EAGLE MESA, LLC AS TO THERE UNDIVIDED 23.640% INTEREST, EAGLE COULTER, LLC AS TO THERE UNDIVIDED 23.640% RUMST AND TACOM, L.C. AS TO THERE UNDIVIDED 6.146% INTEREST ALL AS TENANT'S IN COMMON. �i AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF RDA) I> (name �A (address) 9- �l (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attar -bed, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of 20 06 (Sign t zre) SUBSCRIBED AND SWORN to before me the day and year first above written. NOTARY PUBUC MICHAEL R SHEPHERD 2M W 9000 S West Jordan UT 840B8 COMMISSION EXPIRES DECEMBER 29, 2009 STATE OF UTAH (Notary Public for daho) Residing at:__ WA JUIL(!!v% My Commission Expires: [ Z 2-19 STATE OF IDAIIO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST 0606 W. (name) (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: (name) (address) g,riq to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and bold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of SUBSCRIBED AND SWORN to before me the day and year first above written. NOTARY PUBLIC MICHAEL R SHEPHERD 2785 W 9" S West Jordan, UT 84088 COMMISSION EXPIRES DECEMBER 29, 2009 STATE OF UTAH (Notary Public for Id o) Residing at:_ t li My Commission Expires: f 2 ,I pq AFMAM OF LEGAL INTEREST STATE Or MAW ) ColrnvW OF ADA ) � LI if t -�V f i S+artSz>F V� 4m (name) C410 G) (city) (state) being first duly sworn upott, oath, depose wnd say. 1. That 1 am the record owner of the property describer] on the attached, and I grant my permission to: q� 5_ tn- .. arn(aln,� ��D fps (name) (address) to submit the accomprnying applieation(s) pertaining to that piroperty. ? I agree to indemnify, defend and hold the City of Meridian and its employees hmmaless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership ofthe property whieb is the subject of the application. 3. I hereby grant permission to City of Meridian sta$to cntcr the subjrzt properly foc the purpose of site inspections relasad to processing said applicatlon(s)_ D¢ted this_daay of /%��i 20 f� (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. NOTARY PUBLIC (Notary Public for Idaho) • • MICHAEL R SHEPHERD 27BB W 9000 5 West Jordan, UT 64068 Residing at; COMMISSION EXPIRES DECEMBER 29, 2008 MyCAmtnission Expires: 12/24�o nt STATE OF UTAH AFFIDAVIT OF LEGAL INTEREST STATE Or, MAHO ) COUNTY OF ADA ) h a�1�a oct��l�JdtSa I -ire- — Js) (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: keg �1rIdlis �Qck,� , � gas r,.�. qo� s . c,,J �dr—V -Vr $qo tf (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this _day of 20 04 aj�'� 6�e UA (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. NOTARY PUBLIC MICHAEL R SHEPHERD 2M W soon S West Jordan, UT 84o88 COMMISSION EXPIRES DECEMBER 29, 2oo9 STATE OF UTAH �Jj (Notary Public for dabo) Residing My Commission Expires: iZl2g fog AN Fm NIT 017 LEA i, -r NTEREST ST-A TF, OF IDAHO � C OTUNTY € F AIlA /'•� (name) 11 iT-,sS,f �G1tV) - (state) buim; frtduly swop upon, oath, rteposv 4nd sas T. That 1 am ihn record c)wjer if the propel ri cr,`ozd or the atmcneci and ? g�rn� a� pe-=;,sion to: (name) (address) to ,'ttbmit the scoompanying application(s) pertaining to that property. 7. I agree fin iAde=ify, defbnd and "hold the Cite- c)f vieridian and its employees harniless from any Maim or iiabilit3- restiIting from any dispute as to tbc: st4tements contained herein or ae to the ownership of the property wh iclt i; the subject of the application. 3. 1 hereby grant perntissic)n to City of Meridian staff tc enter the subject progcr�v for the purpose of site inspections MAW to processing amid application(s). Dated this dxy ofia+tAdtY 20qj_ afore t ST B SC.MDE-D ACN0 StVORN to before t v f e the day and year fiTs' above NNrittsn. � �or�xr PuuuG ; =� i AMCHAEL R SH£PHLRO _ 2Mw qoo S tNotary Public for— iN t JOfUM, LR 840M COLOALXGF 5B" EIWe€iFS R DEOFAASER29.9Es 119ai_ t }W STME Or UT/UH4 My CantmiMiOn Expires:_ ! Z i REGEWi D ARTICLES OF ORGANIZATION [•] RAW LLC OCT 1120% W: Bw of MRF. & "M WE The undersi des' to form a limited liability % S�� xxxng t3' company under the Utah Revised � Limited Liability Company Act, Utah Code Ann. § 48-2c-101 et seq. (the "Act"), hereby adopts <S the following Articles of Organization for sucb limited liability company pursuant to §§,207 .anti 403 of the Art. ARTICLE 1 i5 NAME OF THE LEWTED LIABMITY COWANY -� -i The name of the limited liability company is RAN% LLC (the "Company"). ;n ARTICLE 11 r� l:n DURATION a3 The Company's existence as a limited liability company will continue until December 31, t: ' C3 2100 from the date hereof; unless earlier terminated pursuant to the trams of the Company's Operating Agreement or by law. ARTICLE III BUSIZVESS PURPOSE The Company is organized to own, develop and operate certain interests in real and personal property commonly referred to as an undivided interest in 11.71 acres of land located at 2500 North Eagle Road, Meridian, Idaho and certain property adjacent and ancillary thereto (the `'), and to engage in any activity ancillary thereto, including without limitation, actions relating to the financing, marketing, lease, exchange or disposal of all or parts of the Property, subject in all uses to the limitations set forth herein (the TtM P oses'% and to conduct such other actzviiaes as may be lawfully conducted by a limited liability company organised pursuant to the Act and that are within the Primary Purposes, and the Company shall have all of the powers of a limited ]lability company conferred by the Act with respect to such. purposes.. ARTICLE IV STREET ADDRESS OF REGISTERED OR'FICE/Il1TIIAL REGISTERED AGENT The street address of the Company's registered office in Utah is 2785 West 9000 South, West Jordan, Utah, and the name of the Company's initial registered agent in Utah at such 4194265 A 367932 address is Greg D. Rind3isbacher. The street address of the Company's designated office is the same as above. By signing in the following space, Greg D. tisbacher h by acknowledges andce accepts appointment as the Company's initial, register erit: dreg D is ache ARTICLE V APPOINTMENT OF THE DIVISION AS AGENT The Directors of the Utah Division of Corporations and Commercial Code is appointed the Company's agent for service of process if the registered agent has resigned, the registered agues mitbority has been revoked, or the registered agent cannot be found or served with the exercise of reasonable diligence` ARTICLE VI MANAGEMENT The Company will be managed by its manager or managers as set forth in the Company's Operating Agreement. The manager or managers do not need to be members of the Company. The Company's initial manager and its street address is set forth below: Bach Legacy, LLC 2785 West 9000 South West Jordan, Utah 84088 ARTICLE VII MERNAL AFFAIRS The Company sbakl not be required to maintain at its principal place of business the written statement described in § 112(8) of the Act Except as provided in tbese Articles of Organization, and as provided by law, the regulation of the internal affairs of the Company shalt be in accordance with the Company's Operating Agreement. 367M 2 ARTICLE Nall INDEBTEDNESS The Company shall not incur any indebtedness other than (i) indebtedness relating to those certain mortgage loans and other indebtedness in favor of Key Bank, including any modifications, amendments, supplements or extensions thereof, relating to the Company's acquisition, ownership and operation of the Property (the `Bank Indebtedness") and (ii) trade payables and other indebtedness incurred in the ordinary course of the Company's conduct of the Priuuiry Purposes, until such time as the Bank Indebtedness has been discharged in full. After the discharge of the Company's obligations under the Bank Indebtedness, the Company may incur indebtedness from any source and with respect to any purpose. ARTICLE IX CERTAIN OPERATING REQUIREMENTS Until such time as the Company's obligations under the Bank Indebtedness are discharged in roll, the Manager shall cause the Company to: (i) maintain its books and records separate from any other person or entity; Cri) maintain its accounts separate from any other person or entity; (iii) conduct its own business in its own name; (iv) maintain separate financial statements; (v) pay its own liabilities out of its own funds; (vi) observe all formalities imposed on, limited liability companies under the Act; (vii) enter into relationships with its affiliates only on turns similar in all material -respects to terms that the Company could obtain from unrelated parties; (viii) pay the salaries of its own employees, and maintain a sufficient number of employees to fulfill the Primary Purposes; 36= 3 (ix) except as contemplated by -the Bank Indebtedness; not •guarantee or become obligated for the debts of any other entity or hold out its credit as being available to satisfy the obligations of others; (x) 'not acquire the obligations or securities of its Member, (xi) allocate any overhead for office space shared with the Member or any other person on a fair and reasonable basis, consistent with industry or "common practice" (xii) use separate stationery, invoices and checks; (xiii) except as permitted by the Bank Indebtedness, not pledge its assets for the benefit of any other entity or make any loans or advances to any entity, (xiv) hold itself out as a separate entity; (xv) correct any known misunderstandings regarding its separate identity; and (xvi) maintain adequate capital in light of its contemplated business operations. ARTICLE X DISSOLUTION, AMENDMETT, MERGER AND BANKRUPTCY ISSUES The Company shall not dissolve or terminate (i) while any rated securities issued in oonnection with the Bank Indebtedness remain outstanding (unless the Company has discharged A of its obligations under the Bank Indebtedness), CH) while the Company has any remaining obligations under the Bank Indebtedness, unless the Manager has filed for protection under the bankruptcy laws of the United States or a third party has involuntarily placed the Manager under the protection of the banlauptcy laws of the United States and such involuntary petition is not dismissed within 60 clays of its filing, or (iii) upon the death, bankruptcy, insolvency, dissolution, liquidation, termination, resignation, removal, or incapacity of a Member w}rile the Company has any obligafions under the Bank lndebtedness. These Articles of Organization may not be amended except by a wxitten instr=ent signed by the Member, and may not be amended without the consent of the lenders of the Bank 367M 4 Indebtedness daring any period when any rated securities issued in connection with the Bank Indebtedness remain outstanding unless the Company has discharged all of its obligations under the Bank Indebtedness. The Company may not engage in any consolidation, merger or sale of all or any substantial part of its assets so long as any ratted securities issued in connection with the Bank Indebtedness remain outstanding unless the Company has discharged all of its obligations under the Bank Indebtedness. The consent of the Member shall be required for CI) the E[ing by the Company of any bankngAcy or insolvency petition under the United Status baulauptcy laws, or (ii) the institution of any insolvency proceedings by the Company. ' IN VMNMS WHEREOF, this instrument has been executed under penalty ofpejury as of this 11 day of October, 2005. Bach Legacy, LLC -Manager By- J- 6Q-� Name: Dale L. Rvadlisbocher Title: Manager 367832 5 M ARTICLES OF ORGANIZATION XG" ����� OF pr' NOW, LLC VLOW,w;�r�r.� cat, The undersigned, desiring to form a limited liability company under the Utah Revised Limited Liability Company.Act,•Utah Code Ann. § 48-2o-101 •et xq. (the "Act'), heraby:adopts the following Articles bf Organization for such limited liability company pu mint to §§ 207 and 403 of the Act - ARTICLE I NAME OF THE LIMITED LI.A.BILUY COMPANY The name of the limited liability company is MBRJ, LLC (the `SCompany`�_ ARTICLE H • - DURATION The Compauy's existence as a limited liability company will continue for a period of 99 years from the date hereof unless earlier t=mil .A Airs ant to the terms of the Company's Operating Agreement or by law. ARTICLE III BUSINESS PURPOSE The Company is organized to own, develop and operate certain h3f=ests in real and personal property commonly referred to as an undivided interest in 11.71 acres of laud located at 2500 North Eagle Road, Meridian, Idaho and certain property adjacent and ancillary thereto (the "Pr Brix"), and'to engage in any activity ancillary thereto, including without limitation, actions relating_to the financing, nix -bating, lease, exchange or disposal of an or parts of the Properly, subject in all cases to the limitations set fi)rth herein (the `Prin?4M Purposes"), and to conduct such other aadvities as inay be lawfully conducted by a limited liability company organized pursuant to the Act and that are within the Primary Purposes, and the Company shall have all of the poweps of a limited liability company conferred by the Act with, inspect to such purposes.. ARTICLE IV STREET ADDRESS OF REGI,ST 9RED OFFICElIlVIITAL REGISTERED AGENT The strut address of the Company's registered office in Utah is 2785 Wes. 9000 South, West Jordan, Utah 84-088 and the name of the Company's initial wed went in Utah at such RM65 vi Mm i 2 r• ARTICLES OF ORGAMZATION OF MBRJ" LLC The undersigned, desiring to form a limited liability company under the Utah Revised Limited. Liability Company Act, Utah Code Ann. § 48-2c,701 et. seg. (the "Act"), hereby adopts the following Articles of Organization for such limited liability company pursuant to § f 207 and 403 of the Act. ARTICLE I NAME OF THR LlWrED LIABILITY COMPANY The name of the limited liabiity company is N MRJ, LLC (the "Company"). ARTICLE Z[ - - DURATION The Company's eiistence as a limited liability company will continue for a period of 99 years from the date hereof, unless earlier tenninated pursuant to the terns of the Company's Operating Agreement or by law. F:it�lY�fJi� BUSINESS PURPOSE The Cmnpany is organized to own, develop and operate certain interests in real and pemonal property commanly ref=ed to as an undivided interest in 11.71 abets of land located at 2$00 North Eag e, Road, Median, Idaho and certain property adjacent and ancillary thea-eto (the "Pro e ), and to engage in any activity ancillary thereto, including without limitation, actions relating to the fmancing mazketirZ& lease, exchange Or disposal of all or parts of th,e Properiy, subject in all cases to the limitations set forth hcrek (the ` ihm Furposes'�, and to conduct such other activities as may be lawfully conducted by a limited liability company organized pursuant to the Act and that are within the Primary Purposes, and the Company shall have all of the powers of a limited liability company conferred by the Actw'ith respect to such. purposes.. ARTICLE IV STREET ADDRESS OF REGISTERED OMCEMUT AL REGISTERED AGENT The street address of the Company's registered ofEce in Utah is 2785 West. 9000 South., j West 7ordan, Utah 84088 and the naive of the Company's initial registered agent in Utah at such 09COV11 357M) address is BACH CORPORATION. The street address of the *Company's designated office is the same as above. By signing in the following space, Greg L. Rindlisbaoher hereby acknowledges and arcepts appointment as the Comp s , ° ' gister t V, _ e� dlis a,cher ARTICLF, V AI'POY T*4FM OF TM3 DIBISXON AS AGENT The Directors of the Utah Division of Corporabons and Commezcial Code is appointed. the Company's agent for service of process if the registered agent has resigned, the registered agent's authority has been tevoked, or the registered agent cannot be found or served with the exercise ofreasonable diligence, ARTICLE VY lYAAN'A,GEMMNT Tlie Company will be 7mflliaged by its m naQer or managm-s as set forth in the Company's Operating Agreement. The manager or managers do not need to be menbeas of the Company. The Company's initial manager and its street address is set forth below: Mary B. Riudlisbacher Jensen 2689 W. Bountiful Lane Tucson, Arizona 95742 ARTICLE VII INTERNAL AFFAIRS The Company shall not be required to maintain at its piincipal place of business the written statement described in § 112(8) of the Act. Except as provided in these Articles of Organization, and as provided by law, the regulation of the intemal affairs of fhe Company shall be in accordance with the Company's Operating Agreement. 367032 2 I ARTICT. E NMI INDEBTEDNESS The Company shall not in= any indebtedness other thm () indebtedness relating to those certain mortgage loans and other indebtedness in favor of Key Bank, including any modifications, amendments, supplements or extensions thereo mlating to the Company's acquisition, ownership and operation of the Property (the `Bank indebtedness") and (ii) trade payables and other indebtedness invarred in the ordinary m=e of fhe Company's conduct of the Primary Purposes, until such time as the Bank. Indebtedness leas been discharged in. M. After the discharge of the Company's obligations under the Bank Indebtedness, the Company may incur indebtedness from any source mid with respect to any purpose. . ARTICIE A £'ERTA1(N OPERATING REQUWM TN7CS Until such time as the Company's obligations under the Bank Indebtedness are discharged in full, the Manager shall cause the Company to: (i7 maintain its books and records separate from any other person or entity; (ii) mai„ a n its accounts separate from any other person or entity. (iii) conduct its own business in its own name; (iv) maintain separate financial statements; (v) pay Its own iaalnhties out of its own fimds; (vri) observe all formalities imposed on limited liability companies under the ME (Yff) enter into relationships with its affiliates only on terms similaz in, all material respects to terms that the Company could obtain from unrelated parties; (viii) pay the salaries of its Mm employees, and maintain a sufficient number of employees to fulfill the Primary Purposes; 3=32 3 (ix) ex=pt as contemplated by the Bank Indebtedness, not gm-antee or become obligated for the debts of any other entity or hold out its credit as being available to satisfy the obligations of others; (x) not acquire the obligations or securities of its Member, ()i.) allocate miy overhead for office space shared with the Member or any other person on a fair and reasonable basis, consistent with industry or "common practice', standards; . (xii) use separate stationery, invoices and checks; (ziii) except as permitted by the Banlc Indebtedness, not pledge its assets for the benefit of any other entity or make any loans or advances to any entity; (xiv) hold itself out as a separate entity; (xv) con-ect any known misunderstandings regarding its separate identity-, and (xvi) mafirt rin adequate- capital in light of its contemplated business opemti ons. ARTICLE X DISSOLUTION, A DI!'FENT, MERGER AND BtNKtUPTcy I,5SUE8 The Company shall not dissolve or terminate (i) while any rated securities issued in connection with the Bank indebtedness retrain outqtsnding (unless the Company has discharged all of its obligations under the Bank Indebtedness), (ii) while the Company has any r= airing obligations under the Bank Ludebtieduess, unless the Manager has tiled for protection under the bankruptcy laws of the United States or a third party has involuntexily placed the Manager under, the protection of the ban}l Wtcy laws of the United Stag and such involuntary petition is not dismissed within. 60 days of its filing, or (iii) upon the death, bankrupt ay, insolvency, dissolution, liquidation, termination, resignation, removal, or incapacity of a Membc, while the Company has any obligations under the Bank ludebtedaws. These Articles of Organization may not be amended except by a written instr-mmt signed by the Member, and may not be amended without the consent of the leaders of the $ark 36M2 4 El Indebtedness during airy period when any rated securities issued in connection with the nab. Indebtedness remain outstanding unless the Company has discharged RU of its obligations under the Bank Indebtedness. The Company may not emgage in any Consolidation, merger oz sale of all or any substantial part of its assets so long as any rated serazrities issued in connection with the Bank Indebtedness remain outstanding unless the Company has discharged all of its obligations under the Bank Indebtedness. The consent of the Member shall be required for (i) the filing by the Company of any bankruptcy m insolvency petition under the United States banla-uptcy Jaws, or (H) the institution of any insolvency proceedings by the Company. of this 30th day of September, 2005. 'L� '� ger By: Name: Mary B, Rindlisbaches Jensen Title: Manager 367M 5 ARTICLES OF ORGANISATION OF JACOM L.C. The undersigned, desiring to form a limited liability company under the Utah Revised Limited Liability Company Act, Utah Code Ann. § 48-2c -101 of seq. (the "Act"), hereby adopts the following Articles of Orgavizatiot for such limited liability company pursuant to §§ 207 and 403 of the Act, ARTICLE I The name of the limited liability company is JACOM )LC. (the "Company"}. ARTICLE 7I DURATION The Company's existence as a limited liability company will continue for a period of 99 years from the date bereoi unless earlier terminated pursuant to the teams of the Company's Op eratiug Agreement or by law. ARTICLE III BUSINESS Pu"OSE The Company is organized to own, develop and operate certain interests in real and personal property commonly referred to as a percentage of 11.71 agrees of land located at 2500 Forth Eagle Road, lRoise. Idaho and certain properly adjacent and anciil a y thereto (the "ProMeff % and to engage in any activity and-11aiy thereto, inchrding without limitation, actions relating -to the fnancing, marketing, lease, exchange or disposal of all or parts of the Property, subject in all cases to the ]imitations set forth herein (the "Primary Purposes', and to conduct such other activities as may be lawfully conducted by a limited liability company organized zed pursuant to the Act and that are within the Primary Purposes, and the Company shall have all of the powers of a limited liability company conferred by the Act with respect to such purposes.. ARTICLE IV STREET ADDRESS OF REGISTERED OFFICEM NIMAL REGISTERED AGENT The street address of the Company's registered office in Utah is 12570 South 3600 West Riverton, Utah W65, and the name of the Company's initial registered agent in Utah at such .J address is 12570 South 3600 West, Riverton, Utah 84065. The street address of the Company's designated office is the same as above, By signing in the fallowing space, Jay B. Rindlisbaoher hereby acknowledges and accepts appointment as the Company's initial registered agent: T ARTICLE V AITOINTMNT OF THE DIMION AS AGENT The Directors of the Utah Division of Corporations and Commercial Code is appointed the Company's agent for service of process if the registered agerd has resigned, the registered agent's authority has been revoked., or the registered agent cazmot be found or served with the exercise of reasonable diligence. ARTICLE NU MANAGEMMNT The Company will be managed by its manager or managers as set forth in the Company's Operating Agreement. The manager or managers do not need to be members e the Company. The Company's initial manager and its street address is set fiorth below: lay B. Rindlisbaoher 12570 South 3600 West Riverton, Utab 84065 ARTICLE VIi INTFAN.A.L .AFFADtS The Company shall not be required to maintain at its principal place of business the written statement described in § 112(8) of the Art. Except as provided in these Articles of organization, and as provided by law, the reguMon of the internal affairs of the Company shall be in accordance with the Company's Operating AgrMneM 36M2 2 I ARTICLEVIII MF-aTEDNESS The Company shall not incur any indebtedness other than (i) indebtedness relating to those certain mortgage Ioans and other indebtedness in favor of Ken Bank including any modifications, amendments, supplements or extensions thereof, relating to the Company's acquisition, ownership and operation of the Property (the "Bank Indebtedness' and (rd) trade payables and other indebtedness incurred in the ordinary course of the Company's conduct of the Primary Purposes, until such time as the Bank Indebtechless has been discharged in full. After the discharge of the Company's obligations under the Bank Indebtedness, the Company may incur indebtedness from; any source end with respell to any purpose. Kywo-MM►. CERTAIN OPERATING REQUIR M ENTS Until such time as the Company's obligations under the Bank indebtedness are discharged in full, the Manager shall cause the Company to: (i) mabAain its books and records separate from any other person or entity; (ii) maintain its accounts separate from any other person or entity; (iii) conduct its own business in its own name; Civ) maintain separate financial statements; (v) pay its own liabilities out of its own funds; (b) observe all formalities imposed on limited liability companies under the Act; (i) enter into relationships with its affiliates only on terms shniiar in all material respects to terms that the Company could obtain from unrelated parties; (u) pay the salaries of its own employees, and maintain a sufficient number- of employees to fulfill the Primary Purposes; 96M2 3 (iii) except as contemplated by the Bank Indebtedness, not guarantee or become obligated for the debts of any otber entity or hold out its credit as being available to satisfy the obligations of others" (iv) not acquire the obligations or securities of its Member, (v) allocate any overhead for office space shared with the Member or any other person on a fair and reasonable basis, consistent with industry or ."common practice" standards; (vi) use separate stationery, invoices and checks; (vii) except as permitted by the Bank Indebtedness, not pledge its assets for the benefit of any other entity or make any loans or advances to any entity, (viizi) hold itself out as a separate entity; ()x) correct any known misunderstandings regarding its separate identify, and (x) maintain adequate capital in light of its contemplated business operations. ARTICLE X DISSOLMON, A AMNDKEN>c, MEMGF R ANT) RAN R.Ut'TCX ISSUES The Company shall not dissolve or terminate (i) while any rated securities issued in connection with the Bank Indebtedness remain outstanding (unless the Company has discharged all of its obligations under the Bank Indebtedness), (ri) while the Company has any remain obligations under the Hank Indebtedness, unless the Manager has fled for protection under the bankruptcy laws of the United States or a third party has involuntarily placed the Manager under the protection of the bankruptcy laws of the United States and such involuntary petition is not dismissed within 60 days of its fling, or (iiri) upon the death„ banlrrrrptcy, insolvency, dissolution, liquidation, termination, resignation, removal, or incapacity of a Member while the Company has any obligations under the Bank Indebtedness, These Articles of Organization may not be amended except by a written instrument signed by the Member, and may not be amended without the consent of the lenders of the Bank s"M 4 Indebtedness during any period when any rated seewities issued in connection with the Bank Indebtedness remain outstanding unless the Company has discharged- ail of its obligations under the Bank Indebtedness. The Company may not engage in any consolidation, mergeror sale of all or any substantial part of its assets so long as any rated securities issued in connection with the Bank Indebtedness remain outstanding unless the Company has discharged all of its obligations under the Bank Indebtedness. The consent of the Member shall be required for (i) the filing by the Compauy of any bankruptcy or insolvency petition under the United States bankruptcy laws, or Cii) the institution of any insolvency proceedings by the Company. IN WITNESS WHEREOF, this instrument has been executed under penalty of perjury as of this 5th day of October, 2005. Name: Jay B.1Undlisbacher Urtle: Rggigered Agent 367932 5 ARTICLES OF ORGANIZATION OF RECEWED OCT 112OM V . DW bi owir. & Gt�isdtut.:t'Sli 19� ?_D EAGLE MESA LLC The undersigned, desiring to form a limited liability company under the Utah. Revised Liinited Liability Company Act, Utali Code Ann. § 48-2c-101 el seq. (the "Act"), hereby adopts the following Articles of Organization for such limited liability company pursuant to § § 207 and 403 of the Act. ARTICLE I NAME OF THE LIMITED LIABmny COMPANY - Ile name of the limited liability company is Eagle Mesa LLC (the "Company"). ARTICLE II DURATION The Company's existence as a limited liability company will continue for a pariod of 99 years from the date hereof, unless earlier terminated pursuant to the terms of the Company's Operating Agreement or by law. ARTICLE III BUSINESS PURPOSE The Company is organized to own, develop and operate. certain interests in real and personal property commonly referred to as the 11.71 acres at 2500 N Eagle Road Meridian Idaho, and certain property adjacent and ancillary thereto (the 'TLoD ert and to engage in any activity ancillary thereto, including without limitation, actions relating to the faiancing, marketing, lease, exchange or disposal of all or parts of the Property, 'subj ect in all cases to the limitations set forth herein (the'Tijmary PpMoses'0, and to conduct such otber activities as may be lawfully conducted by a limited liability company organized pursuant to the Act and that are within the Primary Purposes; and the Company sba11 have all of the powers of a limited liability - company conferred by the Act with respect to such purposes.. ARTICLE IV STRE' ET ADDRESS OF REGISTERED OFFICE/MTIAL REGISTERED AGENT The street address of the Company's registered office in Utah is 414 East 11400 South, Draper, Ut 84020, and the name of the Company's initial registered agent in Utah at such 419426S V1 - 3Mi2 ARTICLES OF ORGANIZATION OF EAGLE MESA LLC The undersigned, desiring to form a limited liability company under the Utah Revised Limited Liability Company Act, Utah Code Ann. § 48-2c-101 et seq. (the "Act', hereby adopts the following Articles of Organization for such limited liability company pursuant to §§ 207 and 403 of the Act. ARTICLE I NAME OF THE LIMITED LIABILITY COMPANY The name of the limited liability company is Eagle Mesa LLC (the "Company"). ARTICLE II DURATION The Company's existence as a limited liability company will continue for a period of 99 years from the date hereof, unless earlier terminated pursuant to the terms of the Company's Operating Agreement or by law. ARTICLE III BUSINESS PURPOSE The Company is organized to own, develop and operate certain interests in real and personal property commonly referred to as an undivided interest in 11.71 acres of land located at 2500 North Eagle Road, Meridian, Idaho and certain property adjacent and ancillary thereto (the "Pro '), and to engage in any activity ancillary thereto, including without limitation, actions relating to the financing, marketing, lease, exchange or disposal of all or parts of the Property, subject in all cases to the limitations set forth herein (the `Primaa Purposes'), and to conduct such other activities as may be lawfully conducted by a limited liability company organized pursuant to the Act and that are within the Primary Purposes, and the Company shall have all of the powers of a limited liability company conferred by the Act with respect to such purposes.. ARTICLE IV STREET ADDRESS OF REGISTERED OFFICE/INTITAL REGISTERED AGENT The street address of the Company's registered office in Utah is 414 East 11400 South, Draper, Utah 84020 and the name of the Company's initial registered agent in Utah at such 9194265 Pi 367832 address is Mesa Devellopment. The street address of the Company's designated office is the same as above. By signing in the following space, Nathan Coulter hereby acknowledges and accepts appointment as the Company's initial registered agent: ACA, A Nathan Coulter ARTICLE V APPOINTMENT OF THE DIVISION AS AGENT The Directors of the Utah Division of Corporations and Commercial Code is appointed the Company's agent for service of process if the registered agent has resigned, the registered agent's authority has been revoked, or the registered agent cannot be found or served with the exercise of reasonable diligence. ARTICLE VI MANAGEMENT The Company will be managed by its manager or managers as set forth in the Company's Operating Agreement. The manager or managers do not need to be members of the Company. The Company's initial manager and its street address is set forth below: Nathan Coulter 414 East 11400 South Draper, Ut 84020 ARTICLE VII INTERNAL AFFAIRS The Company shall not be required to maintain at its principal place of business the written statement described in § 112(8) of the Act. Except as provided in these Articles of Organization, and as provided by law, the regulation of the internal affairs of the Company shall be in accordance with the Company's Operating Agreement. 36M2 2 ARTICLE VIII INDEBTEDNESS The Company shall not incur any indebtedness other than (i) indebtedness relating to those certain mortgage loans and other indebtedness in favor of Key Bank. including any modifications, amendments, supplements or extensions thereof, relating to the Company's acquisition, ownership and operation of the Property (the `Bank Indebtedness' and (ii) trade payables and other indebtedness incurred in the ordinary course of the Company's conduct of the Primary Purposes, until such time as the Bank Indebtedness has been discharged in full. After the discharge of the Company's obligations under the Bank Indebtedness, the Company may incur indebtedness from any source and with respect to any purpose. ARTICLE IX CERTAIN OPERATING REQUIREMENTS Until such time as the Company's obligations under the Bank Indebtedness are discharged in full, the Manager shall cause the Company to: Act; (i) maintain its books and records separate from any other person or entity; (ii) maintain its accounts separate from any other person or entity; (i i) conduct its own business in its own name; (iv) maintain separate financial statements; (v) pay its own liabilities out of its own funds; (vi) observe all formalities imposed on limited liability companies under the (vii) enter into relationships with its affiliates only on terms similar in all material respects to terms that the Company could obtain from unrelated parties; (viii) pay the salaries of its own employees, and maintain a sufficient number of employees to fulfill the Primary Purposes; 367M 3 (ix) except as contemplated by the Bank Indebtedness, not guarantee or become obligated for the debts of any other entity or hold out its credit as being available to satisfy the obligations of others; (x) not acquire the obligations or securities of its Member; (xi) allocate any overhead for office space shared with the Member or any other person on a fair and reasonable basis, consistent with industry or "common practice" standards; (xii) use separate stationery, invoices and checks; (xiii) except as permitted by the Bank Indebtedness, not pledge its assets for the benefit of any other entity or make any loans or advances to any entity; (xiv) hold itself out as a separate entity; (xv) correct any known misunderstandings regarding its separate identity, and (xvi) maintain adequate capital in light of its contemplated business operations. ARTICLE X DISSOLUTION, AMENDMENT, AMRGER AND BANKRUPTCY ISSUES The Company sball not dissolve or terminate (i) while any rated securities issued in connection with the Bank Indebtedness remain outstanding (unless the Company has discharged all of its obligations under the Bank Indebtedness), (ii) while the Company has any remaining obligations under the Bank Indebtedness, unless the Manager has filed for protection under the bankruptcy laws of the United States or a third party has involuntarily placed the Manager under the protection of the bankruptcy laws of the United States and such involuntary petition is not dismissed within 60 days of its filing, or (iii) upon the death, bankruptcy, insolvency, dissolution, liquidation, termination, resignation, removal, or incapacity of a Member while the Company has any obligations under the Bank indebtedness. These Articles of Organization may not be amended except by a written instrument signed by the Member, and may not be amended without the consent of the lenders of the Bank 367832 4 Indebtedness during any period when any rated securities issued in connection with the Bank Indebtedness remain outstanding unless the Company has discharged all of its obligations under the Bank Indebtedness. The Company may not engage in any consolidation, merger or sale of all or any substantial part of its assets so long as any rated securities issued in connection with the Bank Indebtedness remain outstanding unless the Company has discharged all of its obligations under the Bank indebtedness. The consent of the Member shall be required for (i) the filing by the Company of any bankruptcy or insolvency petition under the United States bankniptcy laws, or (ii) the institution of any insolvency proceedings by the Company. IN WITNESS WHEREOF, this instrument has been executed under penalty of perjury as of this l lth day of April, 2006. k�U y Manager By: "u, PPj'b Name: `Ndh6 Coulter Title: Man4ger 367932 5 RZECEIVED ARTICLES OF ORGANIZATION - OCT 112005 � OF . E F OW oI CCAP. a COMM. CODE EAGLE COULTER LLC The undersigned, desiring to form a limited Iiability company under the Utah Revised Limited Liability Company Act, Utah Code Ann. § 48-2cr101 et seg. (the "Act"), hereby adopts the following Articles of Organization for such limited liability company pursuant to §§ 207 and 403 of the Act. ARTICLE I NAME OF THE LE IITED LIABILITY COMPANY The name of the limited liability company ir, Eagle Coulter LLC (the "Company"). ARTICLE 11 o i DURATION The Company's existence as a limited liability company.wili continue for a -period of 99 ,ems, years from the date hereof, unless earlier terminated purga ant to the terms of the Company's o Operating Agreement or bylaw. . ARTICLE III -c BUSINESS PURPOSE The Company is organized to own, develop and operate certain interests in real and Personal property commonly referred to as the 11.71 acres at 2500 lei Eagle Road Meridian Idaho; and certain property adjacent and ancillary thereto (the "Pr e '), and to engage in any activity ancillary thereto, including without limitation, actions relating to the financing, marketing, lease, exchange or disposal of all or parts of the. Property, subjmt-in all cases to the - limitabous set forth herein (the "Primary Purposes'D, and to conduct such other activities as may be lawfully conducted by a limited liability company organized pursuant to the Act and that are within the Primary Purposes, and -the Company shall have all of the powers of a limited liability company conferred by the .Art with respect to such purposes.. ARTICLE IV STREET ADDRESS OF REGISTERED OFFICE/INITIAL REGISTERED AGENT The street address of the Company's registered office in Utah is 414 East 11400 South, Draper, Ut . 84020, and the name of the Company's initial registered agent in Utah at such 404265 v) 36-M2 ARTICLES OF ORGAAIZATION OF EAGLE COULTER. LLC The undersigned, desiring to form a limited liability company under the Utah Revised Limited Liability Company Act, Utah Code Ann. § 48-2c-101 et seq. (the "Act"), hereby adopts the following Articles of Organization for such limited liability company pursuant to § § 207 and 403 of the Act. ARTICLE I NAME OF THE LIlMTRD LIABILITY COMPANY The name of the limited liability company is Eagle Coulter, LLC (the "Company") ARTICLE II DURATION The Company's existence as a limited liability company will continue for a period of 99 years from the date hereof, unless earlier terminated pursuant to the terms of the Company's Operating Agreement or by law. ARTICLE M BUSINESS PURPOSE The Company is organized to own, develop and operate certain interests in real and personal property commonly referred to as an undivided interest in 11.71 acres of: land located at 2500 North Eagle Road, Meridian, Idaho and certain property adjacent and ancillary thereto (the "Property'), and to engage in any activity ancillary thereto, including without limitation, actions relating to the financing, marketing, lease, exchange or disposal of all or parts of the Property, subject in all cases to the limitations set forth herein (the `Primary Purposes"), and to conduct such other activities as may be lawfully conducted by a limited liability company organized pursuant to the Act and that are within the Primary Purposes, and the Company shall have all of the powers of a limited liability company conferred by the Act with respect to such purposes.. ARTICLE IV STREET ADDRESS OF REGISTERED OFFICE/INITIAL REGISTERED AGENT The street address of the Company's registered office in Utah is 414. East 11400 South, Draper, Utah 84020 and the name of the Company's initial registered agent hi Utah at such #194265v1 367832 address is Mesa Development The street address of the Company's designated office is the same as above. By signing in the following space, Nathan Coulter hereby acknowledges and accepts appointment as the Company's initial registered agent: Nathan Coulter ARTICLE V APPOINTMENT OF THE DIVISION AS AGENT The Directors of the Utah Division of Corporations and Commercial Code is appointed the Company's agent for service of process if the registered agent has resigned, the registered agent's authority has been revolted, or the registered agent cannot be found or served with the exercise of reasonable diligence. ARTICLE VI MANAGEMENT The Company will be managed by its manager or managers as set forth in the Company's Operating Agreement. The manager or managers do not need to be members of the Company. The Company's initial manager and its street address is set forth below: Nathan Coulter 414 East 11400 South Draper, Ut 84020 ARTICLE VII INTERNAL AFFAIRS The Company shall not be required to maintain at its principal place of business the written statement described in § 112(8) of the Act_ Except as provided in these Articles of Organization, and as provided by law, the regulation of the internal affairs of the Company shall be in accordance with the Company's Operating Agreement 367S2 2 ARTICLE V1II INDEBTEDNESS The Company shall not incur any indebtedness other than (i) indebtedness relating to those certain mortgage loans and other indebtedness in favor of Key Bank, including any modifications, amendments, supplements or extensions thereof, relating to the Company's acquisition, ownership and operation of the Property (the `Bank Indebtedness'D and (H) trade payables and other indebtedness incurred in the ordinary course of the Company's conduct of the Primary Purposes, until such time as the Bank Indebtedness leas been discharged in full. After the discharge of the Company's obligations under the Bank Indebtedness, the Company may incur indebtedness from any source and with respect to any purpose. ARTICLE PK CERTAIN OPERATING REQUIREMENTS Until such time as the Company's obligations under the Bank Indebtedness are discharged in full, the Manager shall cause the Company to: (i) maintain its books and records separate from any other person or entity; (ii) maintain its accounts separate from any other person or entity; (iii) conduct its own business in its own name; (iv) maintain separate financial statements; (v) pay its own liabilities out of its own funds; (vi) observe all formalities imposed on limited liability companies under the Act; (vii) enter into relationships with its affiliates only on terms similar in all material respects to terms that the Company could obtain from unrelated parties; (viii) pay the salaries of its own employees, and maintain a sufficient number of employees to fulfill the Primary Purposes; 367M2 3 (ix) except as contemplated by the Bank Indebtedness, not guarantee or become obligated for the debts of any other entity or hold out its credit as being available to satisfy the obligations of others; (x) not acquire the obligations or securities of its Member; (xi) allocate any overhead for office space shared with the Member or any other person on a fair and reasonable basis, consistent with industry or "common practice" standards; (xii) use separate stationery, invoices and checks; (xiii) except as permitted by the Bank Indebtedness, not pledge its assets for the benefit of any other entity or make any loans or advances to any entity; (xiv) hold itself out as a separate entity; (xv) correct any known misunderstandings regarding its separate identity; and (xvi) maintain adequate capital in light of its contemplated business operations. ARTICLE X DISSOLUTION, AMENDMENT, MERGER AND BANKRUrTCY ISSUES The Company shall not dissolve or terminate (i) while any rated securities issued in connection with the Bank Indebtedness remain outstanding (unless the Company has discharged all of its obligations under the Bank Indebtedness), (ii) while the Company has any remaining obligations under the Bank Indebtedness, unless the Manager has -filed for protection under the bankruptcy laws of the United States or a third party has involuntarily placed the Manager under the protection of the bankruptcy laws of the United States and such involuntary petition is not dismissed within 60 days of its filing, or (iii) upon the death, bankruptcy, insolvency, dissolution, liquidation, termination, resignation, removal, or incapacity of a Member while the Company has any obligations under the Bank indebtedness. These .Articles of Organization may not be amended except by a written instrument signed by the Member, and may not be amended without the consent of the lenders of the Bank 367932 4 Indebtedness during any period when any rated securities issued in connection with the Bank Indebtedness remain outstanding unless the Company has discharged all of its obligations under the Bank Indebtedness. The Company may not engage in any consolidation, merger or sale of all or any substantial part of its assets so long as any rated securities issued in connection witb the Bank Indebtedness remain outstanding unless the Company has discharged all of its obligations under the Bank Indebtedness. The consent of the Member shall be required for (i) the filing by the Company of any bankruptcy or insolvency petition under the United States bankruptcy laws, or (ii) the institution of any insolvency proceedings by the Company. IN WINES WHEREOF, this instrument has been executed under penalty of perjury as of this 1 ltb day of April, 2006. at hCLx,z}_Manager BY P&hC,., 3;�a& Name: Nathan Coulter Title: Manager 367832 5 City of Meridian Pre -application Meeting; Notes Date: 9 -Z� -o -, Project/Subdivision Name: n a—+ ki v-er N/c-1(-e Applicant/Contact: Lars , Q-o-V-4- S-hLn7 -ftJ City Staff. Cq 6e b Ssmya` M d v -�C 1 Location: E - 5i dt2a EaW e Mr d -vrul bow Vs-(-i c . a- Farr yr ew _ Existing Zoning: KvT " U Contiguous and Within AOI (AZ only): Proposed Zoning: C-C a.ri d Pz- q D Number of Units and/or Lots: Property Size: IZ-o Dwelling Type (if residential): Surrounding Uses: tg-m er6&1 , r&f1d9r•4- al Comprehensive Plan Designation(s): M+ -ed J. e - :R e.cp`�4,- i Street Buffers and/or Land Use Buffers: 5s ' 6v 'tt a- ZO' a. lam Five V&)I{! Open Space/Amenities/Pathways: 10' a� Street System/Stub Streets/Access: a-cc-k Ss -Frog ► - ff kia-e Vs-11- v S� Sewer and Water Service: Topography/Hydrology/Floodplain Issues: Canals/Ditches/Irrigation and/or Hazards: 5,t k s l o,i, r✓ n s rJo-n n r h b,,, d a History: PreviauS GLevied Additional Meeting Notes." f lt' a.-e see Spec -n e USe SlAndcr 01 in tvDC I f-1-f-3 - Z-7 .rote mu W -am;1,4- - - -)& ✓a r-f n r c i S reo wed -6✓ 4CGefS -ice % 9d /SftSS (-fem1' -/ Perm.oLtyr'-f a� CZvrJ,n&Y ac.c eSS -fv '1.1 F-wl Gr-ea--O WrO( undir S-tv-7 c-f11re1 Other Agencie_s__/De artments to Contact (circle): Ada C wa Dis ' t Nampa and Meridian Irrigation Parks Department Trans ortation Department Settlers Irrigation Public Works Department Sanitary Services Corporation Fire Department Building Department Central District Health Police Department Other: Applications Required (circle all that apply): Accessory Use Design Review Alternative Compliance Final Plat Modification exation - Misc. (DA Modification) Certificate of Zoning Compliance Planned Unit Development Comp Plan Map Amendment Preliminary Plat PmpTlo Text Amendment Private Street Conditional Use Pe Rezone Short Plat Time Extension UDC Text Amendment Vac n ae n as c&e s s Other: °'"'�` c°"`•`J. Additional Pre -Application Conference (circle one): Required Anticipated Submission Date: Anticipated Hearing Date: NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-5A-5C, prior to submittal of an application requiring a public hearing. 2) Except for UDC Text Amendments, Comprehensive Plan Teat Amendments and Vacation applications, all other applications requiring a public hearing shall be posted in accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current City Code and Comprehensive Plan. Any subsequent changes to City Code and/or the Comprehensive Plan may affect your submittal and/or application. This pre -application meeting shall be valid for 6 months. REGENCY AT RIVER VALLEY NEIGHBORHOOD MEETING SIGN M SHEET Name: `_ �/ 1. FA{ � �7 j 2.�,� 3. 4. 5. 6. 7. 8. 9. 10. COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. 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