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HomeMy WebLinkAboutVAR 08-001Page 1 of 1 Machelle Hill From: Sonya Watters Sent: Friday, March 21, 2008 12:58 PM To: Lars Anderson Cc: Machelle Hill Subject: Regency Hi Lars, MAR 2 4 2008 CITY OF MERIDIAN CITY CLERK OFFfCF Can you please submit a formal written request to withdraw the variance application for temporary access to Eagle Road (VAR-08-001)? (It can be short & sweet) Thanks, SOVL, p Watters CITY OF MERIDIAN Planning Department 660 E. Watertower Street, Ste. 202 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax 3/25/2008 E IDIAN* TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Februar Transmittal Date: February 11, 2008 Hearing Date: March 6, 2008 28, 2008 File No.: AZ 08-003 & CUP 08-004 Request: Public Hearing - Annexation & Zoning of 12.06 acres from RUT to R-40 00.56 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 FPS _ Wendy Newton-Huckabay (No FPS -Michael Rohm (No FPS -Tom O'Brien (No FPS 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.meridiancity 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 Count acres) and C-C (1.15 acres) zones, by Mason & Stanfield. y) to R-40 (10.56 Location: 2500 N. Eagle Road, in Section 4, 13N., R. IE. File No.: CUP-08-004 Request: Conditional Use Permit for a multi -family development in zoning district. a proposed R-40 File No.: VAR-08-001 Request: Variance to UDC 11-3H-4B that prohibits new access Points allow a temporary access to SH 55/Eagle Road until el waal to such time as E Road is constructed. Valley File No.: VAR-08-002 Request: Variance to UDC Table 11-3C-6 for a reduction in the number required for multi -family dwellings in covered carports or garag Sparking spaces i� -j J a4 eri�ia If)n31C) 0 Planning Department l t� )' COMMISSION & COUNCIL REVIEW APPLICATION Met' an type of Review Requested (check all that anuly) ® Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ® 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 STAFF USE ONLY: File number(s): AZ-pa-oo3 , CruP o8-cvO j VAR-- 08 -C l VA & -O g -oo Project name: &ea jenny a-+ River Va.! leY Date filed: 1-14-o8 Date complete: Z_--to-O Assigned Planner: So r%ya matters Related files: Hearing date'. ' (o-b _3 2Tomniission ❑ Couneil Applicant Information Applicant name: M a8On Y1� f Applicant address: _ 314. Bad Ln I01,1 Sf Cait l ald I n I ( Phone: Applicant's interest in property: _ 1KOwn ❑ Rent we ID ❑ Optioned ❑ Other Zip: g3b0S Owner name: SCC att-achP xhlblt "A" Owner address: 2785 W, 9000 S WC—st Phone: Jordan, LIT Zip. $4088 Agent name (e.g., architect, engineer, developer, representative): Firm name:MR-Son Address: �_q. Rad I O i a Sf Cadwell 1 I ID Phone: Zip:.. 03605, Primary contact is: ❑ Applicant ❑ Owner 0 Agent ❑ Other Contact name: A n d c Y soy -Lars E-mail: o r�,on i a rs ..Z nd � �%e.� hL--.�� Phone: EO 5 _ .,, cs et Fax: (801) SfaG,- _7 n Subject Property Information Location/street address: 500 N Eagle Assessor's parcel number(s). � 11042-339 14, I a n Yca r ZOhI Township, range, section: 13N RI E 5c 4 Current land use: r � i�o1 Total acreage: 1 Q o Current zoning district: _RUT 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity ore 1 Project Description Project/subdivision name: Th C Rea G n (I a+ River r General description of proposed project/request: -A partm nt omMuhltu' C 1ubho SC Qom_ ,2n_d_ Spa 2C4 Aoarhm Y*0nlCommon Areas, Comma rct.21 oflcr Proposed zoning district(s): R-40 t cc Acres of each zone proposed: 10 5 � A cre 1 .15 Arms, Type of use proposed (check all that apply): *( Residential X Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): R derThal; Pop) pA - Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within?. ealer; t Nampa iHPrtrt inn TYr, Pidrric Ts Primary irrigation source: South Slough_ Secondary: Ci f 1 DnMes t1r KyQ t r 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:. Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 60 2 or more Bedrooms: 144 Minimum square footage of structure(s) (excl. garage): 1 Proposed building height: 401 Minimum property size (s.f): t/— n-Acros Average property size (s.f): _M/A Gross density (DU/acre-total land): 11.8 (o Net density (DU/acre-excluding roads & alleys): 35.19 Percentage of open space provided: I R Acreage of open space: 1.9 ( Acre-5_ Percentage of useable open space: (QQ % (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): 2,1O ACr_C Land5(' (ftq_ Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes )d Multi -family Non-residential Project Summary (if applicable) Number of building lots:_ I Other lots: $ Gross floor area proposed: 10,1 O0 Existing (if applicable): NIA Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Paving: Total number of employees: 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:. 660 E. Watt Phone: (208) 884-5533 • Building: Date: 1 — 14 —O 125 ower Lane, Suite 202 • Meridian, Idaho 83642 Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Professional Engineers, Land Surveyors and Planners 314 Badiola St. Caldwell, ID 83605 Inc. Ph (208) 454-0256 Fax (208) 454-0979 e-mail: sstanfiel&—nisengus 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). a5®n 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. NMID 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 innovative transportation solutions 179 North 1200 East, Ste. 103 Lehi, Utah 84043 p: (801) 766-4343 f: (801) 766-2050 MEMORANDUM Date: January 11, 2008 To: Bach Homes From: Hales Engineering 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 Required Open Total Required Open Sq. Ft. ea 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, 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 ExhibitiOA" RAMC, LLC AS TO THERE UNDIVIDED 37.118% INTEREST, M MR, LLC AS TO THERE UNDIVIDED 9.456% Il3TMST, EAGLE MESA, LLC AS TO MERE UNDIVIDED 23,640% INTE PST, EAGLE COULTER, LLC AS TO THERE UNDIVIDED 23.640% INTEREST AND TACOK L.C. AS TO THERE UNDIVIDED 6.146% INTEREST ALL AS TENANT'S IN COMMON_ N MASON & STANFIELD, INC. PROFESSIONAL ENGINEERS, LAND SUR VEYORS & 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 corner of said Section 4; Thence S. 000 36' 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. 890 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. 890 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. 00136' 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. 00136' 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. 840 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 Armex.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. 340 48' 49" E., a distance of 227.70 feet,(formerly S. 350 25'E.), to a point, said point referenced S. 86144' 15" W., a distance of 11.50 feet with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 710 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. 850 33' 49" E., a distance of 174.90 feet,(formerly S. 860 10'E.), 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. 400 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 comer of said SW 1/4 NW 1/4, (center west 1 / 16 corner), 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' 21" 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\legais\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 114 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. l,L LAMD tG sue- T F 9�366 og4ofVA HM A.NNEXAT/Of�f ©CH/B/T 32�33 USTICK ROAD 51 4 -- M OI O N1/16 corner Sections 5/4 I N84.26' 11"E N 17.43' �I oo o 566- cp '1 40' 26 9 E 3 w WC LINE TABLE LINE BEARING DISTANCE Ll S89'23'49"E 70.00 L2 S45"26'11"W 30.00 L3 S86'44'15"W 11.50 L4 S27"42'23"W 30.00 L5 N89'45'21"W 70.00' o 0I POINT OF 1 0i BEGINNING o RN� sp ' Ll S89°23'49" z W E (D1 230.00' o• F C� Q WS>I_16', n i ao L3 132. p0, S85_33_49"E o N 174.90 ALn L5 N89'45'21"W 230.14-- 12.06 Acres. ,sb I o v9 v9 31 0 `-' o z .- o S� CD N89°45'21"W w 2 S8'4g 49.86' 0 9g 2g, f i 'ilo MIo 3 o 20' WC N89'45'21"W 350.00'— — N89'45'21"W o q 1/4 corner — — — — — — — — — — — — — Sections 5/4 978.27' to "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 cap monument Q Found 5/8 inch dia. iron pin w/plastic cap "ASG PLS 7314", unless otherwise noted We Witness corner RM Reference monument — - - - - — Property boundary line - — Section line JST � �6 Professional Engineers, a s • Land Surveyors _ & Planners r. I I ztew aNAIWIInRWs 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 S89°23'49"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 S85033'4911E 174.900 No 9 Line S40043'49"E 364.980 No 10 Line 572*58'49"E 99.290 No 11 Line S00040'48"W 111.650 No 12 Line N89045'21"W 978.270 No 13 Line N00036'11"E 180.000 No 14 Line N89045'21"W 49.860 No 15 Line N00036'11"E 145.000 No 16 Line N89045'21"W 230.140 No 17 Line N89045'21"W 70.000 No 18 Line N00036111"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 2465136.742 2465366.730 2465369.025 2465386.373 2465628.133 2465758.129 2465883.146 2466057.522 2466295.671 2466390.612 2466389.287 2465411.026 2465412.921 2465363.061 2465364.587 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 Professional Engineers, Land Surveyors and Planners Inc ( 3j 4 Bad4-0256ola St. Fax (0Caldwell, 5 83605 -0979 Ph 208 454-0256 Fax 208 454-0979 e-mail: dh0lzhey@jnsepg.qs 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 A NW 1 /4, (WI/4 corner of Section 4), said comer monumented with a brass disk; Thence N. 00' 36' 08" E. a distance of 543.94 feet along the westerly boundary of said SW1/4 NW 1 /4 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 SWIA NW1/4 to a found 5/8-inch diameter iron pin; Thence N. 000 36' 08" E a distance of 218.50 feet parallel with the westerly boundary of said S W 1 /4 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. A�. P OVAL BY . �G1STE ��., lAN 2 5 2008 93 &P OZ -O(O rl �.fMERID , PUBUC WORKS DEPi. 0f°tea \� H���� z Q w m C) Ln Q m C) Q 0 w J Q W 32 33 5 4 �; POINT OF BEGINNING N PARCEL 1 ' 0 zl ASG IS 73141 S89 23 52 "E ASG IS 7314 L3 230.00' 4 � I w �I 0 o Parcel 1 I o ± 1.15 acres K i O N z �• o cr)I - - N89'45'23"W - - 1.00' ASG IS 7314 230.15' ASG IS 7314 O WC ; LINE TABLE LINE BEARING DISTANCE L3 S89-23'52"E 70.00 ASG IS 73114 O ASG IS 7314 i ' 20' STOKESBERRY LATERAL 20'— S8945723 "E 350.01 W 114 Cor. ASG IS 7314 Sec. 4 BYvll= r�aP R . A6 JAN 2 5 2008 MERIDIA14 PUSS& WORKS O-Ef.- BACH BUILDERS PARCEL 1 EXHIBIT ,roe No. NV1205 Professional Engineers, DWG No. exhibit parcel 1 Ma5on Land Surveyors j 8 Planners SCALE, N.T.S. REV. Q �'- 1^I 314B8dida9.CaDice$ FIELD BOOK NO. Z to n fie U, Ins. (2W)454 M Fax (M) 454-0919 [ORAWN BY: DATE:H 05/02MG 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 ------- S89023'52"E ------ 230.000 ----- No ------------ 715537.474 ----------- 2465366.723 2 Line S00033'54"W 217.060 No 715320.424 2465364.582 3 Line N89045'23"W 230.150 No 715321.403 2465134.434 4 Line N00036'08"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 : N84058'49"E (from ending location to starting location) Misclosure Distance : 0.005 Error of Closure : 1:199021.1 Frontage : 0.000 Frontage/Perimeter : 0.0 percent AREA : 50105.827 sq. ft. (straight segment added to close traverse) = 1.150272 Acres ason Professional Engineers, Land Surveyors and Planners 314 Badiola St. Caldwell, ID 83605 Inc. Ph (208) 454-0256 Fax (208) 454-0979 e-mail: dholzila@msen�us PROPERTY DESCRIPTION PARCEL 2 R -yo 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 SWIA NW1/4, (W1/4 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 SW 1 A NW 1 /4; 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 SW1/4 NWIA 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. IS�T6A 936 REV1 A BY SP►N � `' 200� W ORKS p p�1G 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 --- 1 -------- Line ------- N00036108"E ------ 180.000 ----- No 2 Line N89045'23"W 49.860 No 3 Line N00036'08"E 145.000 No 4 Line N00033'54"E 217.060 No 5 Line N00036'08"E 218.080 No 6 Line N84026'08"E 17.430 No 7 Line S66018'52"E 264.000 No 8 Line S34048'52"E 227.700 No 9 Line S71016'52"E 132.000 No 10 Line S85033'52"E 174.900 No 11 Line S40043'52"E 364.980 No 12 Line S72058'52"E 99.250 No 13 Line 500'37152"W 111.660 No 14 Line N89045'23"W 978.330 No End Northing 715175.219 715175.431 715320.423 715537.472 715755.540 715757.230 715651.177 715464.234 715421.872 715408.346 715131.771 715102.722 714991.069 714995.228 Ending location (North, East) _ ( 714995.228, 2465411.026 ) End Easting 2465412.921 2465363.061 2465364.585 2465366.726 2465369.018 2465386.366 2465628.127 2465758.126 2465883.144 2466057.520 2466295.673 2466390.577 2466389.347 2465411.026 Total Distance : 3180.250 Total Traverse Stations : 15 Misclosure Direction : N81047'54"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 *********** /--/■E3■T' i1 133 W. USTICK ROAD U p Z W � 0eeW OTQ NSW 2 I rJ19.60' l� P5 1119 r QQ. 0 fn\ \ \ SC Ls 1311 �, \ m 2d. I Asc Ls nr. $) �Ty $( n p \ 1 7 ,5 E- �Cy SB5 3352 f ` o, ry CsG_22ss Jar�JJr. 174. 90' \ \ I ZI A. LS J3u ® \ \Sow\s•': \ \ \ \ o ASC Ls 73141 ` �wc / Parcel 2 Sl' ±10. 55 acres I L2 `\ .9�\ ` •.\ I ASG LS J3 1 ASG Ls . I LWE TABLE W lWE BEA �� !1•'JNLCC Asc Ls i3".\ 59�3B 5? F1 01 po L1 M89.524. '-.9.86 9�$' ;91 ASC LS 1311 3 ZSTOKESBERRY LATERAL >!I ----------------------- _-----_- 2O T - - - - - ---- — — — — y.'s'a'w vs'27 E sso.m' 1� N89 45.23 +— — — — — — — 978.33' ASG Ls nr1 —� PANT OF 133o.T9 c 1/1 c- Si 4 BEGINNING SK. . PARCEL 2 PLS 7719 REVI VAL BY BACH BUILDERS JAN 2 5 2W8 PARCEL 2 oanerr MERIDIAN PUBLIC "NO. WV12M WORKS DEPT. ProfbsWonalE„g WM DWG NO. OX NbNP8rCW 2 anon L.— Lan = SCALE: ALTs• REV. Q 13ue�m �z,slc�DM FIELD BOOK NO. tan ie , i. 4%FmAM454M JH 1 0412"s • RDA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 15.00 5 LarldAmerica BOISE IDAHO Reav Haney 04:3B PM El DEPUTY Neava Transnation RECORDED -REQUEST OF 1051606f: E Transnalion Title Escrow No. 050034906 CdW WARRANTY DEED FOR VALUE RECEIVED H, t,avonne Weiss, an unmarried person and Stephen M- Weiss, an unmarried person GRANTOR(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 descnbed as follows, to wit: SEE EXHIBFT "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 Grantee(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 Grantor(s) will warrant and defend the , same from all lawful claims whatsoever. Date: 10'Zi Pt once Weiss vv ' S on K Weiss Notary Acknowledgment — see page 2 WARRANTY DEED - NOTARY ACKNOWLEDGMENT(S): State of Idaho, County of Ada, ss. On this day of October in the year of 2005, before me, the undersigned, a Notary Public in and for said State, personalty 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 helshe/they executed the same. Christine A. Whittington Residing at: Boise, Idaho - = My commission expires: 08115/2008 c; State of County of , ss. On this �1 day of October in the year of 2005, before me, the undersigned, a Notary Public in and for said State, person y appeared ti? —AerN fA - WalSs - known to be the persons) whose names(s) islare subscribed to the within instrument, as the attorney in fact of H. Lavonne Weiss thereto as principal, and hislher own name as attorney in fact. Residing at _ ; �667Aq} 9 My commission expires: �L- i Z _ _ --•.— t or identified to me LEGAL DESCRIPTION (continued) EXNLBIT "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 90'00'00" 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 211.110 feet to a point; thence running North 90'00'00' East, a distance of 183.74 feet to a point; thence running North 00000'00" 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 feel 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 676.26 feet to the REAL POINT OF BEGINNING.. PARCELII A portion of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range t 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 l North 218..05 feet to a point; thence North a3'50' East 17A3 feet to a point; thence South 66'55' East 264.90 feet 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 979 24 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; thence West 49.86 feet to the Southeast comer of that parcel described in Warranty Deed recorded August 31, 1977, 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, Range 1 East, Boise Meridian; thence running North 90°00'00" 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 73135'00" 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 tine of said Section 4; thence running North 90"00'00" 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 Stokesberry Lateral. see 1311.CI hed Exhibit ' " RAMI, LLC AS TO THEKRL UNDIVIDED 37.118% INTEREST, MBJR, LLC AS TO THERE UNDIVIDED 9.4560/a INTMST, EAGLE MESA, LLC AS TO 11 113EM UNDIVIDED 23.64()% Ilsi ERP.ST, EAGLE COULTER, I.LC AS TO THERE UNDIVIDED 23.640% WMEST AND JACOM, L.C. AS TO THERE UNDIVIDED 6.146% INTEREST ALL AS TENANT'S IN COMMON_ AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA) I, (.avltr t- (name (address) 9- (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: G � z��s w goad 5 w „z��. uT ��o6 (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 O}�, 20 06 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. NOTARY PUBUC MICHAApE1� �W R I� SHEPHERD (Notary Public for daho) 2785 90S ''.// Walt Jordan, UT 84088 Residing at: Wk � JC�IGI�Y+ COMMISSION EXPIRES DECEMBER 29, 2009 M Commission Expires: I Z `t STATE of urAH Y p l2 �r� �j AFFIDAVIT OF LEGAL INTEREST STATE OF IDAUO ) COUNTY OF ADA ) J� �(name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: frfea 0.A ; �8S' SV ko s �� z�i? uT (name) (address) T 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 6 1 20_L�,` SUBSCRIBED AND SWORN to before me the day and year first above written. NOTARY PUBLIC MICHAEL R SHEPHERD (Notary Public for Id o) 2785 W 9000 S ��/� West Jordan, UT 84088 Residing at: W/�C 1 Ji1 / J� N COMMISSION EXPIRES DECEMBER 29, 2009 STATE OF UTAH My Commission Expires: 12 j�gLo9 AFFIDAM OF LEGAL INTEREST STATE Or MAJ10 ) COUNW OF ADA } r 2I30 -9 S +sat �r (address) C41i () (state) being lust duly swam upon, oath, depose and say: 1. That 1 sm the record orazer of the property desctibed on the antaclred, and I grant my permission to: (name) {address) to submit the accompnoying applieation(s) permitting to that property. ? I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability aeswYmg from any dispvto as to the statements contained herein as as to the ownership of the property which is the subject of the application. 3, 1 hereby grant permission to City of Meridian stiff to enter jhc subject property for the purpose of site ia9pections relatod to praeessing said zMlicatian(s). Dated tbit day of /%� Q'%i % 20 .s— 6 (Signature) SUBSCRIBEb AND SWORN to before me the day and year first above written. NOTARY PUBLIC ` MICHAEL R SHEPHERD (Notary Public 4forI Rho) 29S West Jordaa UT n, UT 84Q88 Residing at, Jw lif� - Jv rC�� COMMISSION EXPIRES DECCEMBER 29, 2009 MY Commission Expires: f Z/Zs o nt STATE OF UTAH AFFIDAVIT OF LEGAL ni ITEREST STATE Ol+ IDAHO COUNTY OF ADA ) 'fib � Sig 1, bdAah COD Mtsa t-LG — C �ane) (address) J , _ D+Ak (city) (state) being fist duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: G�Ga kr,<dl;s -2 OW W . S . U). erok"I- $`gyp 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 o6 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. NOTARY PUBLIC MICHAEL R SHEPHERD 2785 W 9000 S " West Jordan, UT 84o88 COMMISSION EXPIRES DECEMBER 29, 2oo9 STATE OF UTAH (Notary Public for dabo) Residing at _ 14), 0r/'L My Commission Expires: 17—l2gZ29 AFFIDAVIT OF LEGAL INTEREST STA T Or ID,1II() j C'Ci►'L'' t)r .� n a. j (state) b€ing Erst duly sworn upon, oath, depose and say: 1. That I am the record owner {}f the propert}: dCsmbed on the attached, and I gram. my permission to: (address) to ,%ubnrit the accOmllanying applications) pertaining to that property. ?. I agree to indemnify, defend and hold the t:ity of Meridian and its employees h=lluss from anv claim or liability resulting from any dispute as to the sgtementa contained herein or as to the ownership of the property wh jell is the subject of the application. '. 1 he -ruby gram permission to City of Meridian staff to enter the subject propert, for thePurpose of site inspection; rebilud to processing said application(s). Patel this � day of JOLOU&.A, 206j______ �:�' aiura) 11tM�v SUBSCI IBM) AND SWORN to before me the day and year first above ,wittell. E2785 PUBUC �(Ntary U Ff I=RD000 s Public for Ideh ) , UT 84W8Ns�E}5Xf' ; .; f RGsidtngat_ Qf ;.7A My Commission Expires: _ tZ RECEW�D OCR 1 i ARTICLES OF ORGANIZATION � OF UT 8W, of OMF & RAMD, 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 C<S the Mowing Articles of Organization fox sucb limited liability company pursuant to §§,207 .and 403 of the Act. ARTICLE 1 NAME OF THE LIMITED LIABILITY COWANY 1 The name of the limited liability company is RAM% LLC (the "Company"). Ln -D ARTICLE U DURATION The Company's existence as a limited liability company will continue until December 31, { o 2100 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 refeaed 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 `PPro '), and to enPge in any activity ancillary thereto, including without limitation, actions relating to the Bnancing, 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'1, and to conduct such outer 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 OFFIC'EW'IIAL 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 0194265 A 367932 address is Greg D. Rindlisbacher. The street address of the Company's designated of is the same as above. By signing in the following space, G&DisKacher lisbacber h by acknowledges and accepts appointment as the Company's initial regi d 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 Companf r, 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 AR77CLE VU INTERNAL AFFAIRS The Company shall not be rewired to maintain at its principal place of business the written statement described in § 112(8) of the Ar.L 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. 3cls�x 2 A ARTICLE - III TNDEBTEDNES S 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 Piu:ary 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: U) maintain its books and records separate from any othPar person or entity; (ii) maartain 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 awn funds; (vi) observe all formalities imposed on limited liability companies under the Act; (vi) enter into relationships with its affiliates only on berms similar in all material respects to leans tliat 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; 36W32 3 (ix) except as contemplated by -the Bank lndebtednevas; 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 Membe , (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 (rVi) maintain adequate capital in light of its contemplated business operations. ARTICLE X DISSOLUTION, AMENDNIENT, MERGER AND BANKRUPTCY ISSUES The Company shall not dissolve or terminate (i) while any rated securities issued in comnection with the Bank Indebtedness remain outstanding (unless the Company has discharged all of its obligations under the Bank Indebtedness), (i) 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 (JR) 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 36IM2 4 Indebtedness during any period when any rated securities issued in connection with the Bank Indebtedness remain outstandtg unless the Company has discharged all of its obligations under the B ank 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 Barak Indebtedness remain outstanding unless the Company bas discharged all of its obligations under the B ank Indebtedness. The consent of the Member shall be required for CI) the filing by the Company of any bankruptcy or insolvency petition under the United States bankruptcy laws, or (R) the institution of any insolvency proceedings by the Company. IN 7MNESS WHERBOF, this instrument has been executed under penalty of pedury as of this 11 day of October, 2005. Bach Legacy, LLC -Manager By: 'S"O' J- Name: Dale L. RiAdlisbacher Title: Manager 367932 5 ARTICLES OF ORGANIZMON EXPEDITE OF MBRJ, LLC The undersigned, desiring to form a limited liability company under the Utah Revised Limited Liability Company Act, -Utah Code Ann. § 48-2o-I01 •et seq. (the "Act'), her6by.adopts the following Articles of Organization for such livaited liability company pursuant to §§ 207 and 403 of the Act - ARTICLE I -. NAME OF THE MUTED LL4SILUY COWANY - The name of the limited liability company is NBRJ, LLC (the `SCompany')_ ARTICLE H • - DURATION The Company's existence as a limited liability company will continue for a period of 99 Years from the date hereot; unless earlier tcnnhurted pursuant to'the ternis of the Company°s Operating Agreement or by hrw. ARTICLE III BUSINESS PURPOSE The Company is organized to own, develop and operate certain interests iu read and Personal property commonly referred to as an undivided interest in 11.71 am -es of land located at 2500 North Eagle Road, Meridian,,Idaho and certain property adjacent and ancillary thereto (the "Pro._p^e Vy and -to engage in any activity ancillary thereto, including without limitation, actions relating -to the financing, marlmdag, lease, exchange or disposal of an or parts of the Property, subject in all cases to the limitations set fort herein (the `Primary Purposes"), and to conduct such other activities as 'may be lawMy 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/iIUM&L REGISTERED AGENT The street address of the Company's registered office in Utah is 2785 West • 9000 South, West Jordan, Utah 84088 and the name of the Company's initial wed agent in Utah at such 619A265ti1 - 367E32 - ARTICLES O1F' ORGANIZATION OF MMW, LLC The undersigned, desiring to form a limited liability company under the Utah Revised Limited Liability Company Act, Utah Code Ann. § 48-2c-101 el. seq. (the "AeD, 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 LEffrED LIABILITY COMPANY The name of the limited liability company is AMRJ, LLC {the "Company"). A.RFICLE 11- - DURATION The Company's existence as a limited liability company will c dmle 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 BUSMSS PURPOSE The Company is organized to ouna, develop and operate certain interests in real, and personal Vmperty cor6mnnly refeffed to as an undivided interest in 11.71 acres of land located at 2500 North $agle Road, Mexidian, Idaho and certain property adjacent and ancillary the.retfl (the "Pro a % and to engage in any activity anmMary thereto, mcluding without limitation, actions relating to 'he fmancing, marketing lease, =hange or disposal of all or parts of fbe Property, subject in all cases to the limitations set forth herein (the `Erimary Purposes"), and to conduct such vtbea• activities as may be lawfully condncted by a limited liability company organized V=U ant to the Act and that are within the p izaary 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, REGISTERED AGENT 'The street address of the Company's registered office in Utah is 2785 West, 940o South, West 7ord.an, Utah 84088 and the narri of the Colapany,s initial registered agent in Utah at such Wina5 rl 36 2 L address is EACH COi2PORATZON. The street address of theCompany's designated office is the same as above. By signing in the following spaw, Greg L. Rindlisbacher hereby acknowledges and accepts appointment as the Comp s u . b eg� dlis achex ARTICLE V APPOIN MM OF THE DIN71SIOA 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 (evoked, or the registered agent cannot be found or servcd with the exercise ofreasonable diligence ARTICLE VI MANAGEMMN'T The Company will be managed by its n a Qer 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: Mary B. Rindlisbacher Jensen 2689 W. Bountiful Lane Tucson, Arizona 85742 ARTICLE VH INTERNAL AFFAJRS The Company shall not be required to maintain at its principal place of business the written stateanent described in § 112(8) of the Act. Except as provided in these Azticles 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 367892 W i ARTICLE 19H INDEB'I'EBNESS The Company shall not incur any indebtedness other thaw (i) indebtedness relating to those certain mortgage loans and other indebtedness in favor of Ke , BBank, including any modifications, amendments, supplements or extensions thmeof, relating to the Company's acquisition, ownership and operation of the Property (the `Bank Indebtedness') and (H) trade payables and other indebtedness incurred in the ordinary course of the Company's conduct of the Piimxy Purposes, until such ti= as the Babb. Indebtedness leas been discharged in full. A$er the discharge of the Company's obligations under the Bank Indebtedness, the Company may incur indebtedness from any sourm,and with respect to any purpose. ARTICLE A CERTAIN OPERATING MQUIREMENTS Until. such time as the Company's obligations under the Bank Indebtedness are discharged in fuLi, the Manager shall cause the Company to: (i� maintain its books and records separate from any otherpmson or entity; (HD ,na;a n its accounts'separate from any other person or entity; (iii) rondvct its own business in its own name; (iv) maintain separate financial stateanents; (v) pay its own liabilities out of its own funds; (vie observe all formalities imposed on limited liability companies under the W (YE) enter into relationships with its affiliates only on terms similar in all mate6al 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 fame the Primary Purposes; 3 (m) except as contemplated by the Bank Indebtedness, not gum -ant= 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, ()a) allocate aiiy oveahead 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 statimery, invoices and checks; (Jdii) 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; (TV) correct any known misunderstandings regarding its separate identity, and (xvi) maiirtain adequate capital in light of its contemplated business operations. ARTICLE X DISSOLUTION, A>DENDMENT, MERGER AND BANKRUPTCY ISSUES The Company shall not dissolve or terminate (i) while any rated securities issued in comiection with the Bath Indebtedness remain outstanding (uOess the Company has discharged all of its obligations under the Bank Indebtedness), (H) while the Company has any, rm ini g obligations under the Bank Indebtedness, unless the Manager has filed for protection under the bankmptcy laws of the United States or a third party has involuntarily placed the Manager under the protection of the benhmptcy laws of the United States aad such involuntary petition is not di spaissed within, GO days of its fihn& or (iii) upon the death, banlauptcy, insolvency, dissolution, liquidation, termination, resignation, remcval, or incspacity of a M=bcr while the Company bar any obligations under the Bank Indebtedness. These Articles of Organization may not be amended except by a wutten instrument signed by the Member, and may not be amended without the consent of the leaders of the Bank 36M2 4 Indebtedness dining ark, period wben any rated securities issued in connection with the Bank. Indebtedness remain outstanding unless the Company has discharged all of its obligations tinder the Bank Indebtedness. The Company may not engage in any consolidation, merger oz sale of all or any substantial pant of its sssefs so long as any rated seaurities issued in connection with the Bank Indebtedness remain outstanding uuless 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 bania-uptcy laws, or (H) the institution of any insolvency proceedings by the Company. INVINNESS WEER.ROF, this instrument has been execated under penalty of penury as ofthis 30th day of September, 2005. By-.r r ' Name: Mary B. Rindlisbacher Jensen Title: Manager 367M 5 ARTICLES OF ORGANIZATION OF JACOM L.C. The undersigned, desiring to form a limited liability company under the Utah Revised Limited Liability Company Act, Utah Code Ann.. 5 48-2c-101 ei 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 NAhH; OF TH1C L111UMD LIABMITY COWANY The name of the limited liability company is JACOM LC_ (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 bereoZ unless earlier terminated pursuant to the terms of the Company's Operating Agreement or by law_ ARTICLE JU BUSM99 PURPOSE The Company is organized to own, develop and operate certain interests in rent and personal property commonly referred to as a percentage of 11.71 acreas of laud located at 25oo No_ rth wle Roars, Boise_ Idaho and certain property adjacent and ancillary thereto (the and to engage in any activity ancillary thereto, inrwMmg 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 `Trimary Purposes"), and to con(luct 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 sban have all of the powers of a limited liability company con%ired by the Act wish respect to such purposes.. ARTICLE IV STREET ADDRESS OF REGISTERED OMC7CJIlVII7AL REGISSTERED AGLNT The street address of the Company's rgistered office in Utah is 12570 South 3600 west Riverton, Utah W65, and the name of the Companys initial registered agent in Utah at such rJ address is 12570 South 3600 West, Riverton, Utah 54065. The street address of the Company's designated oT= is the same as above, By signing in the following space, Jay B. Rin&isbacber Hereby aclmowledger, and accepts appointment as the Company's initial registered agent, T. ARTICLE V AITOINDONT OF THE DIVISION AS AGENT The Directors of the Utah Division of Corporations and Commercial Cade is appointed the Company's agent for service of process if the registered agent has resigned, the registered agent's authority bas been revoked, or the registered agent c a mat be found or served with the exercise of reasonable diligence. ARTICLE W. 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. Tha Company's initial Mang and its street address is set fiarth below - IL V B. Rindlisbacher 12570 South 3600 West Riverton, Utah 84065 ARTICLE VU DZITANA.L AFFAIRS The Company shall not be required to maintain at its principal place of business the W tau 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 3M2 2 e ARTICLE VIU INDEBTEDNESS The Company shall not incur any indebtedness other than (i) indebtedness relating to thme certain mortgage Ioans and other indebtedness in favor of Key Bank ' including any modifcations, amendments, supplements or extensions thereo4 relatiDg to the Company's acquisition, ownership and operation of the Property (tho'T nk Indebtedness') end C )trade payables and other indebtedness incurred in the ordinary course of the C r paays conduct of the Primary Purposes, until such time as the Bank Indebtedness has been discharged in £ulL 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. CERTAIN OPERATING REQUI12ElYIDENT5 Until such time as the Company's obligations under the Bank Indebtedness are discharged in hill, the Manager shall cause the Company to: (i) mai ain its books and records separate from any other person or entity- (4) maintain its accounts separate irom any other person or entity; Oii) conduct its own business in its own name; (iv) mat ain separate financial statemema; (v) pay its own liabilities out of its own fimds; . Act-, (b) observe all formalities imposed on limited liability companies under the (i) enter into relationships with its affiliates only on terms similar in all material respects to teams that the Company could obtain from unrelated parties; (u) pay the salaries of its own employees, and maintain a sufficient number of employees to fiffil the Primacy Purposes; 91 Odi) 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;' (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, (viii) hold itself out as a separate entity; (ix) correct any known misunderstandings regarding its separate identify, and, (x) maintain adequate capital in light of its contemplated business operations. ARTICLE X D-13SOLUUON, A30NDMENT, MEMGER AND BANKRUPTCY ISSUES The Company shall not dissolve or terminate Cj) 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), cu) while the Company has any rema_ m mg obligations under the Bank lndebtedness, unless the Manager has tiled 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 (ill) upon the death, baskniptcy, insolvency, dissolution, liquidation, termination, resignation, removal, or incapacity of a Member while the Company has any obligations under the Bank Indebtedness. These Articles of Organizatiou may not be amended except by a written instntmeut signed by the Member, and may not be amended without the consent of the lenders of the Bank BOM2 4 Indebtedness during any period when any rated secmities issued in conueetion with the Bank Indebtedness remain outManding 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 discbarged all of its obligations under the Bank Indebtedness, The consent of the Member shall be required for CI) the filing by the Company 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 WT REOF, this instrument has been executed under penalty of pezjury as of this _ 5th day of October, ZOOS. Name: Jay B Rindl'sbacher Title: Registered Agent 36M2 5 REC1✓NE ARTICLES OF ORGANIZATION OCT � � ZZ OF Lrr. w i Grj,r, 6 EAGLE 1,MSA 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 LINIITED LL4BILITY 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 the 11.71 acres at 2500 N Eagle Road Meridian Idaho, and certain property adjacent and ancillary thereto (the "Pro e '), and to engage in any activity ancillary thereto, including without limitation, actions relating to the fmancing, marketing, lease, exchange or disposal of all or parts of the' Property, "subject in all cases to the limitations set forth herein (the "Prim ry Purposes', and to conduct such other activities as may be lawfully conducted by a limited liability cortipany organized puns wl t 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 STREU'T 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 #1W265 vl 3 Mi2 11 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 LBUTED 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 I17 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 `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 OFFICER ITIAL 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 #ival6s 71 367832 V 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 register-ed 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 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 VHI INDEBTEDNESS The Company shall not incur any indebtedness other than (i) indebtedness relating to those certain mortgage loans and other indebtedness in favor of I gy Banl�, 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 fall. 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: (i) maintain its books and recoxds 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; 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, MERGER AND BANKRUPTCY 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 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 bankmptcy or insolvency petition under the United States banbWtcy 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 ofthis llth day of April, 2006. k4 l k Co0 /4M anager By: Name: INPCoulpIt—er Title: Man4ger 367932 DECEIVED ARTICLES OF ORGANIZATION -OCT 112005 . OF :17 W of CORP. a COMM. COX EAGLE COULTER LLC The undersigned, desiring to form a limited Iiability company under the Utah Revised Limited Liability Company Act, Utah Code .Ann. § 48-2c-101 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 T8E LUMTED LIABILITY COMPANY The namr of the limited liability company is Eagle Coulter LLC (the "Company"). ARTICLE 11 o DURATION 1 The Company's existence as a limited liability company.will continue for a period of 99 CD years from the date hereof, unless earlier terminated pu 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 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 'Tre "), 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 hUoses'% 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/1NITIAL 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 t 194265 V1 367632 ARTICLES OF ORGAAUATION OF EAGLE COULTER. LLC The undersigned, desiring to form a limited liability company under the Utab 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 LEWTED LIABILITY COMPANY The name of the limited liability company is Eagle Coulter, LLC (the "Company"). ARTICLE H 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 "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/I1\717AL 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 iz3 Utah at such #194265v] 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: 11 - �-' 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 41.4 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 S67M 2 ARTICLE VM 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 (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: (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; 367932 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 witli 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 BANKRUPTCY 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 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 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 W17NES S WHEREOF, this instnuneat has been executed under penalty of perjury as of this I lth day of April, 2006. [fit h n, r-� Manager By. O'Jta Name: Nathan Coulter Title: Manager 367832 5 City of Meridian Pre -application Meeting Notes Date: ')-Z� -o Project/Subdivision Name: Ke-q.e nc&� a-+ P i Yt-r Yr,- 1(-e Applicant/Contact: Lars d Sao t--4- -j , f,-eId City Staff CC l�-- b , Ssv,va` M - ►, d. -F� Location: E . 5idt2E eaaLe r+;dovaq b/W Vs- u:--' a- Fatr-v! ew Existing Zoning: P uT " Contiguous and Within AOI (AZ only): Proposed Zoning: C-C &n d 2.- qo Number of Units and/or Lots: Property Size: Dwelling Type (if residential): Surrounding Uses: r p f, d9A4fa. l Comprehensive Plan Designation(s): M+ -ed vie - R-e. stcx: Street Buffers and/or Land Use Buffers: 5.s' &LJI E 'tt 4,Zo' a laV+ g; vee v& -C y Open Space/Amenities/Pathways: Ic7' Street System/Stub Streets/Access: 6-6z4 s sS�- Sewer and Water Service: Topography/Hydrology/Floodplain Issues: Canals/Ditches/Irrigation and/or Hazards: sa t k S I" h r� n s alo'no no61-vh d et History: _FreviauS Upl-C.0'i6-n dpri Additional Meeting Notes Pl�air see s�eu-nc Uk StEA& S inyDC ►1-If-3 `L-7 .for MCI +�4iL'r v Other Agencies/Departments to Contact (circle): Ada C way Distt' t Nampa and Meridian Irrigation Parks Department aho Transportation 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 exatYon - Misc. (DA Modification) Certificate of Zoning Compliance Planned Unit Development Comp Plan Map Amendment Preliminary Plat PMREan Text Amendment Private Street Conditional Use Pe Rezone Additional Pre -Application Conference (circle one): Anticipated Submission Date: Required Short Plat Time Extension UDC Text Amendment Vac ' n ariance aCLf 5 5 +o SH- Ss Other: p.,a. cavanJ' p'A"".5 Anticipated Hearing Date: �M M 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 Text 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 IN SHEET Name: I. FA{'/ ,ul! 2. 3. �tY LA 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. 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Idaho Ave. F Meridian, ID 83642 cFti TfR' Kr TREASURE VN�y SINCE 1903 Date Z— ant 3s tr la Q j, I Phone CASH CHECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT j aL SCtRIPTION ry Ln O O a Ln La ru l 1 17, rig N O O O 1 ru a RADIUS NOTICE REPORT 07-Feb-2008 Owners BRYSON BART L Property Address: CAMPBELL FREDRIC G CAMPBELL TAMARA L Property Address: CHAN KIN SAN HUANG XIAO HUA Property Address: DBS ENTERPRISES LLC Property Address: DILDINE BRADLEY M DILDINE TRICIA L Property Address: GOLDENVIEW PROPERTY LLC Property Address: HALLMARK EXECUTIVE SUITES LLC Property Address: KLEINER WALTER HERMAN KLEINER ELIZABETH S Property Address: OH MEE SOOK Property Address: FILE NAME: regenc Owner Address 2600 N EAGLE RD MERIDIAN, ID 83646-7302 regenc 3165 E LESLIE DR MERIDIAN, ID 83646-5715 regenc 2064 S DOE CREEK WAY BOISE, ID 83709-0000 regenc 291 W CAVE BEAR CT MERIDIAN, ID 83642-0000 regenc 2280 W HOLLY MOUNTAIN DR EAGLE, ID 83616-0000 regenc 2524 N STOKESBERRY PL MERIDIAN, ID 83646-0000 regenc 225 N 09TH ST STE 210 BOISE,ID 83702-0000 regenc PO BOX 4003 BELLEVUE, WA 98009-4003 regenc 13325 W ELMSPRING ST BOISE,ID 83713-0000 regenc I Owners Owner Address PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: regenc PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: regenc PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: regenc PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: regenc PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: regenc PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: regenc PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: regenc PROPERTIES WEST INC 2541 N STOKESBERRY PL # 140 MERIDIAN, ID 83646-0000 Property Address: regenc RAMI LLC 11650 S STATE ST STE 300 MBJR LLC DRAPER, UT 84020-0000 Property Address: regenc RAMI LLC 11650 S STATE ST STE 300 MBJR LLC DRAPER, UT 84020-0000 Property Address: regenc Owners REDFEATHER ESTATES SUB HOA INC Property Address: S & T PROPERTIES LLC Property Address: SGI LLC Property Address: SMOOTH STREAM INVESTMENTS LLC Property Address: SPECIALTY CONTRACTING LLC Property Address: URWIN SHAIN URWIN RHONDA Property Address: ZAKKAR LLC Property Address: ZENOR SAMUEL W ZENOR CINDY S Property Address: Owner Address 6223 N DISCOVERY WAY STE 100 BOISE,ID 83703-0000 regenc 1458 S EAGLE FLIGHT WAY BOISE,ID 83709-0000 regenc 4631 BERKSHIRE DR BOISE,ID 83704-0000 regenc 2086 W SANTA CLARA DR MERIDIAN, ID 83642-0000 regenc 2525 N STOKESBERRY PL STE A MERIDIAN, ID 83646-1144 regenc 2484 N STOKESBERRY PL MERIDIAN, ID 83646-5035 regenc 900 N LIBERTY 204 BOISE,ID 83704-0000 regenc 2572 N STOKESBERRY PL MERIDIAN, ID 83646-0000 regenc t