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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: Jaycee Holman, City Clerk, by: October 30, 2008 Transmittal Date: September 25, 2008 File No.: RZ 08-006 Hearing Date: November 6, 2008 Request: Public Hearing - Rezone of 1.39 acres from I-L to C-G zone for Lanark Property By: Patrick McKeegan Location of Property or Project: 3131 and 3163 E. Lanark � Joe Marshall (No FP) avid Moe (No FP) endy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene ire Department olice Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: 1-Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) aho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 *Fax 208-888-4218 + www.meridiancity.org Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ 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 M Other Rezone Applicant Information STAFF USE ONLY: File number(s): R,7-`08-* Project name: iA eLrK-- f!!Vf Date filed: °I� 1 -08Date complete: 41' 15_015 Assigned Planner: scrvJ0- W4+ierS Related files: 1Z2_-01-019 *a Gt)F-0_) -0 I`1 Hearing date: 111 b O8 VCommission ❑ Council Applicant name: Patrick Mckeegan Applicant address: 280 N Latah, Ste 100 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned M Other Phone:(208) 424-8608 Zip: 83706 Owner name: 3131 Lanark LLC / 3163 Lanark LLC Phone:(2 0 8) 3 4 3 - 2 818 Owner address: 4696 Overland Road, Ste. 152 Zip: 83705 Agent name (e.g., architect, engineer, developer, representative): Architect Firmname: Patrick Mckeegan Architects Phone: (208)424-8608 Address: 280 N Latah, Ste 100 Zip: 83706 Primary contact is: ❑ Applicant ❑ Owner ElAgent ❑ Other Contactname: Patrick Mckeegan E-mail: pma@mckeeganarch . com Subject Property Information Location/street address: 3131/3163 E. Lanark Assessor's parcelnumber(s): R6510580080, R65103800722 Township, range, section: 3 N, 1 E, 0 8 Total acreage: 1. 3 8 9 Current land use: Commercial Phone: (208)424-8608 Fax: (208)424-8609 Current zoning district: I -L 660 E. Watertower Lane. Suite 202 • Meridian. Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: wvww.meridiancity.om 1 Project Description Project/subdivisionname: Portion of Olson & Bush Industrial Park Sub General description of proposed project/request: Request to change zone from I-L to C-G Proposed zoning district(s): C-G Acres of each zone proposed: 1 . 3 8 9 Type of use proposed (check all that apply): ❑ Residential ® Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): N/A Who will own & maintain the pressurized irrigation system in this development? Owner Which irrigation district does this property lie within? Nampa Meridian Irrigation District Primary irrigation source: Well Secondary: N/A Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): N/A Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): _ Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: 2 Other lots: Gross floor area proposed: 18,676 Sq Ft Existing (if applicable): 18,676 Sq Ft Hours of operation (days and hours): M- Sun 8 a.m.-2 a.m. Building height: Existing Percentage of site/project devoted to the following: Landscaping: Existing Building: Existing Paving: Existing Total number of employees. ? Maximum number of employees at any one time: ? Number and ages of students/children (if applicable): N/A Seating capacity: N/A Total number of parking spaces provided: 6 9 Number of compact spaces provided: 0 Authorization Print applicant name:t Applicant signature: Date: 7T�1 66 E. W;tdRower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMSER 20,2007 cp&f u45y. 1/4 &08 i S.0! CENTER UNE OF R.AlLS--,,.,., U N 1 0 N P A C I F I C R A I L R 0 A D L o 1< I 2 y. 4 P4 ,L A N A R K S T R Z C T S8878WE 320.07' A" 04 rii rn cra tV 3LOA O. f Co N.cat To Scale 10 < w (t P W- jyj�_ GC-1 I -�-, ?,007 maRIVAN PUBLIC WC)RKS.APT, Exhibit C N88'28'17"W 320,07' !Sl+t71.16 C) Page 3 ADDRESS: 3163 E Lanark, Meridian, Idaho 5y"M E LANARK BUILDING REZONE $163 LANARK, MERIDIAN, ID 83642 _� Patrick WKeesss Arciitects V I LANARK BUILDING REZONE {� 3163 LANARS, W ERRIDIAN, ID 63642 Pstrick MMesgam Architects ]M N LW Sf - 8Ws 10 - LI'n W-" Li7K (SM) Au4m ...,.,�,e.nmw comwr rwrza. ww, OR IN r- Patrick 1VIcKeegan Architects PO Box 5845, Boise, ID 83705-0845 280 N. Latah St. Ste. 100 Boise, ID 83706 208.424.8608 Fax 208.424.8609 www mckeeganarch.com October 1, 2007 City of Meridian Rezone Narrative 3131 & 3163 Lanark Ted Sigmont is submitting a Rezone Application to rezone the referenced property from I-L to C-G with a development agreement. This use would be consistent with existing uses on Eagle Road. When the property was originally zoned I-L many years ago the growth and extent of retail uses along Eagle Road were not anticipated. Since then it has became apparent that retail and office uses offer an attractive buffer between Eagle Road and the industrial uses back from the street. As a major entry corridor in Meridian Office and Retail uses, with the higher design standards, should be the desired use to provide an attractive impression for residents and visitors. In 2004 and 2005 Mr. Sigmont committed to remodeling the existing building and constructing a new building on the property. He had watched as property north and south of his developed with newer buildings and found his property could not compete with other property on Eagle Road with the I-L zoning designation. During the remodeling of the existing and construction of the new building potential tenants were consistently retail or office type of uses, not uses normally associated with industrial zoning. The relatively small size of the property limited potential industrial users, who usually need much larger lots because of their operational economy of scale. Mr. Sigmont was able to keep the major tenant (a bedding and mattress company) and one smaller tenant (a commercial blind distributor). A truck rental company operates on a month to month basis. The new building had one proposed tenant which required a conditional use which was denied. For the last 4 years the only interest has been from retail users who will not commit to lease that involves waiting for a conditional use or rezone application to be approved. This hurts the applicant and City of Meridian in lost tax revenue as the building sits vacant. We feel this rezone request is appropriate because: 1. The property directly north across Lanark, which is vacant and approximately the same size, was rezoned to CG earlier this year. The property across the street is zone C-G. Much of the property to the north and south abutting Eagle Road is zoned C-G as transition zones to industrial or residential zones. 2. A rezone will reduce the need for future Conditional Use applications which take up valuable City Staff time and resources. Currently the time required for a conditional use application for a use that is allowed across the street places an additional and unfair burden on this property. 3. The existing building and site design is compatible and appropriate for the C-G zone. The buildings have stucco, storefront glazing systems, scale and other design elements consistent with other retail and office developments on Eagle Road. 4. The existing site and building design are in compliance with both the I-L and C-G zones. We anticipated retail and office type uses when the remodeling and new building projects were designed and constructed in 2005. The uses allowed in the C-G zone are more compatible with the City's vision of the business types appropriate for the Eagle Corridor. 5. Sixty nine parking spaces are shared among the two buildings tenants under a shared parking agreement. ACHD and ITD have stated that the change in zone will have no impact on the contiguous streets. 6. At the previous unsuccessful conditional use hearing it was apparent that a drinking establishment use was not appropriate for this parcel. Based on that hearing Mr. Sigmont will enter into a Development Agreement with the City to not allow a drinking establishment use on the two parcels that comprise this rezone. A neighborhood meeting was held and one person representing Ron Van Auker attended We respectfully request that our application we approved as submitted. Sincerely, Patrick McKeegan Architects j atrick McKee AIA Principal Architect Hearing Date: November 6, 2008 File No.: RZ-08-006 Project Name: Lanark Property Request: Rezone of 1.39 acres from I-L to C-G, by Patrick McKeegan. Location: 3131 & 3163 E. Lanark, in Section 8, T.3N., R.IE. kJA'I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007 C. Legal Description & Exhibit Map FOX Land Surveys, Inc. 46" W. Ov®rlmW Rd. VM 162ABtsit a rdahoa83705e20g-3a2-7957A208-342-7437 FAX LANARK PROPERTY DESCRIPTION L.or i AND 2, BLOCK2 of THE OL8oN.AND 8uSN INDUSTRIAL PARK SUBDIVISION AND A PORTION OF LAHARK STREET AND EMLE ROAD, LOCATED iN A PORTION OF THE SOUTHEAST % OF THE SounteA&T V4 SE"o* 8, TcwWSMP 3 NoRTH, RANGE I EnsT, B09SE MERIDIAN, CITY OF MERIDIAN. Auk CbtlNll', lvAfto Lot 1 and 2. Bkxk'2 of the Olson and gush industrial Park Subdivision and a Portion of Lary &Street and Eagle Road, Located in a Portion of the Southeast -%of the`Solstheast 1/4 Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian. Ada County, Idaho, more particufarly described as follows; BeginnitV at the found Brass cap marking the Southeast comer of Section: 8, T.3N, FL 1E, frofn which the found Brass Cap marking the East 114 corner of Section .8 bears North 01 02808" East A distance of 265.0.12 feet; Thence along the Easterly boundary line of said Section 8, North 01128'Oe East, a distance of 498:OQ feet to the TRUE POINT OF BEGINNING, thence along the. South' line of, Lots 1 &`2, Block 2 of the Olson and Bush lridustrial Park Subdivision and th' 0 0asterIy6x16nsion th& eof; North 88TVf r West a dlstailce of 320.07 et to a fedistuftaed found X Inch rebar, replaced With a set 5/8 inch rebar with ptastic cap stamped "FCSI PLS 7012" at ttwSouthwest comer of said Lot 2; thenc.e.:ah M ails Weal boumlai►y tine of:sand Lot'2 and thenodhedy extension thereof. North tol128`0W East a .distance of 299.92 feet to a point on the o6hter tine of lanark Street; f#Ienos along said center tine South'8B"28'D8' East distance of 320.07feet to a points# its' inbetseckon with East line of Section 8; fhence ainngsaid East.l'tne of Section 8, So.1001028'08" West a distance0299.91 feetto the.TRUE POINTOF BEGINNING. Containing,2203. acres, more or less. Subject to existing easements and rigirts-of:way as any may exist, of record or not o record. The Basis of Bearings for this description is between the found Brass cap marking that. Southeast Section comer of Section 8, T.3N, UE, and the fount Brass Cap marking tht East 1/4 comer .cf Section 8 Which bears North 01"28'08" East. Timothy J. Fox, PLS 7612 END OF DESCRIPTION W:IPAOJFC'I'St200s105004:MUV'Rl7J1PCr1DL-SSCWRrPr[0!tSUOi BOtfNDARY DtiSCDOC . .......... 8..... F ..._YAL. .. _.._.. OCT i 7XI RJDIAN PUBLIC WORK$ DEFT. Exhibit C Page 2 Patrick McKeegan Architects 280 N. Latah St, Ste 100, Boise ID 83706 PO Box 5845, Boise, ID 83705-0845 208.424.8608 Fax 208.424.8609 www.mckeeganarch.com September 15, 2008 3131 & 3163 Lanark Rezone Property Boundary Closure Document Parcel name: Annex Bdry North: 707577.7232 East: 2464927.4605 Line Course: N 88-28-17 W Length: 320.07 North: 707586.2615 East: 2464607.5044 Line Course: N 01-28-08 E Length: 299.92 North: 707886.0829 East: 2464615.1926 Line Course: S 88-28-08 E Length: 320.07 North: 707877.5307 East: 2464935.1483 Line Course: S 01-28-08 W Length: 299.91 North: 707577.7193 East: 2464927.4604 Perimeter: 1239.98 Area: 95,995 sq.ft. 2.20 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0040 Course: S 01-41-01 W Error North:-0.00396 East: -0.00012 Precision 1:309,992.50 AFFIDAVIT OF LEGAL INTEREST STATE OF EDAHO COUNTY OF ADA I,WAL-" � •St6oMoJV1 4�.9(,, OU�l►a.J- (name) (address) t � � �� lA- �,o (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: 'PA4_ AC (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 l Z-ok day of 5 alp 1(� n 20 SUBSCRIBED AND SWORN to before me the day and year first above written. R ES�e•'' s (Notary Public for Idaho) a Residing at:7 1 0 W . l�tr%2iL • 1AOT,4R •• • .1nN tK Zvr �• � � � My Commission Expires: �, oe � 13B LIG •, ♦ e• �'�1 OF tU P�.•' OCT-02-200T 14: 34 From: 208343T484 To - �-_'12184248689 P.2/9 ..� ADA COUNTY RECORDER J. DRYID NAVARRO AMOUNT 21A B EOISE IDAHO 1161011011 02:26 PM DEPUTY townie Oberbltgp RECORDED -REQUEST OF III IIIfIIIIIIIIIIIIIIIIIIIIIIIIIII III p1meer i a�0$695 i 'j I Q-iICI •- SV ,Space Ahove This Line For Recording nath DE F-D OF TRUST (Witt, Future Advance Clause) DATE AND PARTIES_ Tile date ul this Deed Of Trust (Security Instrument) is May 26, 2006 The parties and their addresses are - GRANTOR: 3163 LANARK, LLC An Idaho Corporation 4696 OVERLAND ROAD SUITE 152 1301SE, Idaho 83706 TRUSTEE: PIONEER TITLE COMPANY OF ADA COUNTY a Corporation 8151 W. Rilfeman Boise. Idaho 83704 LENDER: SYRINGA BANK Organized and existing under the laws of Idaho P.O. Box 7557 Sciso, Idaho 83707 1. CONVEYANCE. For good amd valuable consideration, ten receipt and sufficiency of which it; acknowledged, and t, secure the Secured Debts and Grantor's performance under thin Security Instrument, Grantor irrevocably grants, baryums, sells and convoys to Tiustec, In trust for the benefit of the Lender, with power of sale, the following described property' See Attached Exhibiry "A" The pruperty Is located in ADA County at :3163 E LANARK ST„ MERIDIAN, Idaho 83642. I ogelher with all rights. eastrrmants, appurionances, royalties, rr7ineral rights, oil and alas rights, crops, tiYilbur, all diversion payments or third party payments made to crop producer,$ and all existing and future improvement;, structurps, fixtures, and replacamentg that may now, or at Any lime in the future, be part of the real estate described (all referred to as Property). This Security Instrument will rcrnam in effect until the Secured Dents and all undetlyrng agreements have beery terminated in writing by Lender. 2, MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Sucurity Instrument at any one time will not exceed $710,000.00 This limitation of amount does not include inturesi and other fear and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under rho terms of this Security Instrument to protect Lender's ramirity and to perform any of the covenants cormalned in this Security Instrument 3, SECURED DEBTS. The teirrl "Samired Debts" includes and this Security InFtt'L7111emt will secure each of the follonnrry A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A pr0111iSt;01y note or other agreefrrutt. No 115478804, dated May 26, 20O-9, from Grantor to Lender, with a loan amount of 010.000.00 and maturing on Novemher 2b, 2026. One or more of the debts secured by this Security Insdumrunt contains a futtlr'e advance provision. 9. Sums Advanced, All sums advanced and expenses incurred by Lender under the terms of this Security Instrument when the evidence of indobtedness spocitically states fhat it is secured by this Security Instrument 04 JIUJ LANARV LLC IG4110 13-1 of T/Vrl Milfals Ie�4ta�I��nogC09�71000e51h7t71 tlU�'J7(7GY •I:lvn 1!VS SVclw ux, tic . s1 00 IAN r Jr^y� f'eya 1 OCT-02-2887 14:54 From: 2083437494 To'2084248609 P.3'9 po ..i 4. PAYMENTS. Grantor agrees that all paymwils under the SACured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. Grantor acknowledges Ulat the interest rate, payment terms, or balatice due on the loan may be indetted, adjustud, renewed or renegotiated. 5 WARRANTY OF TITLE. Gianior warrants that Grantor is or will be lawfully ;;eizccl of the estate conveyed by this Security Instrument and has the right to irrevocably grant, bargain, sell and convey the Property it, trust to .fruslee, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of leuurd. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage. deed of trust, secumy agreement or other lion document that Created a prior security Interest or encgnjhlallcc on the Property, Grantor dgrccs, A. To make all payments when clue and lu perform or comply with all covenants. 6. Tv promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of, not to request any luture advances under any note or agreement secured by the lien dortunrorrt without Lender's prior writt:;n consent. 7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, asscssrncntq, liens, encumbrances, leasa peymenls, ground rents, utilities, and other chargQs relating to the Property when due. Lender may require Grantor to provide to Lender copies of all notices that such amounts are duo and the receipts evidencing Grantor's payment Grantor will defend title to the Ptuperly against any Claim; that would impair the lien of this Security Instiurnent. Craniot agrees To assign to Lender, as rucluasled by Lender, any rights, clanrts or defenses Grantor may have against parties who supply lahor or materials to maintain or improve the Property. 8. OUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediatuly due and payable upon the creation of, of ,:nrilr:?cl for the creation of, any transfer or sale of all or any part cif the Property This right is subject to the restrictions irnposud by federal law (1 2 C F R. 591), as applicable. 9. TRANSFER OF AN INTEREST IN THE GRANTOR, If Grantor is an entity ulhor than a natural person (such 35 a corporation or other organiaationj, Leridei may demand immediate payment it: A. A borinfirial interest in Grantor is sold of tiarrslerred S. There is a change in either the identity or number of members (if Is purinership or similar entity. C. Tfrerc rs a change in ownership of more than 7.5 vuiucnt of the voting stock of a uurporation or similar entity However, Lender may not demand payment in the above situations if it is prnhihited by law as of the dale of this Security Instrument, 10. WARRANTIES AND REPRESENTATIONS. Grantor makes to Larder the following warranties and representations which will continue as lung as this Security Instrument is in effect: A. Power. Grantor is duly organized, and validly existing and in good standing in all jurisdictions in which Grantor nr,eolus. Grantor has the power and authority to enter into this transaction arid to carry on Grantors businass of activity as it is now being conducted and, au applicable, is qualified to do cu in each jurisdiction in which Grantor opviaics. 6, Authority. The oxacution, delivery arid performance of this Security Instrument And the obligation evidenced by this Security Instrument are within Grantor's powers, have been duly authurvPd, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which Grantor is a party or to which Grantor is or any of Grantor's property is subject. G. Name and Place of Business. Other than previously disclosed in writing to Lender, Grantor has not changed Grantor's name or principal place of business within the last 10 years and has not used any other trade or fiClnrUnS name Without Lender's prior written enn.=ent, Granter does not and will not use any other name and will urescrvu Grantor's existing name, trade names arid franchises. 11. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition and make all repairs that arc ivasonably necessary. Grantor will not commit or allow any waste, impairment, or deterioration of the Property Gruritur will keep the Property free Of nuxrous weeds and grasses Grantor agrees that the nature of The occupancy and use will not substantially r.hariyc without Lender's prior writlen consent Grantor will not permit any change irr any license, restrictive covenant or easament without Lender's prior written consent. Crantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, avid of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior wrlTltn consent except that Grantor has the right to remove items of persurlal property comprising a part of the Property that become worn or nhsolete, provided that such personal prnl:rcrly is replaced with otherpersonal prnperty at least equal in value to the repNeed personal property, frog from any title retention device, security agreement or other encumbrance. Such replacenietll ul personal property will he deemcd subject To the security interest Created by this Security Instrument. Grantor will not partition or subdivide, the Property without Lender's print written Gurliorll Lander nr I.eniler't; ayunls may, at Lender's option, enter thn Property at any 1'eat:oriable time for The purpose of inspecting the Prupurty. Lender will give Grantor nuhcc at the time of or before an inspection specifying a roasonahte puipuse for the inspection, Any inspection of the Property will ba entirely for Lender's benefit and Grantor will in ou way rely on Lender's inspection. 12. AUTHORITY TO PERFORM, If Grantor fails to purlorm any duty or any of (he covenants contained irr tlila Security Instrument, Lcndur may, without notice, per'fonn or cause them to be perfr,rrncd Grantor appoints Leri4er as attorney in tact to sittn Grantor's name or pay any :,iriuunl necessary for perfoini;,nce. Lender's right to perform for Grantor will nul urcate an obligation to perform, arid Lender's failure to perfuirn will not preclude Lender from exercising any of Lender's other rights under the law ui this Security Instrument 11 any construction arfa t,ANARK LLC ldato D—d or T—t it,iarscrona. / r r c+ r^�wis PVbJ� UUUC Llki7e 180=i1()RV tltlG 83nl,cri SVJ It.,n,l inr ..+ r_WUrr MN tape, af! P.W. OCT-02-2007 14:54 From: 2083437484 TO'?084248609 P.4,9 D/0 on the Property is discontinile6'or not carried an in a reasonabie manner, Lcndnr 04ollake all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 13 ASSIGNMENT OF LEASES AND RENTS. Grnoitui absolutely, unconditionally, irrevocably and immediately asslgn5, grants, bargains and convoys to Lender all the right, title and interest in the following (Property) A Exrsieng or future leases, subleases. licenses, guaranties and any oirrer wntian or verbal agreements for the mw occupancy of the Property• including but not limiter! to ;rny cxtcnsions, renewals, modifications ur ipplar..ements ILeasesi B. Rents, issuos and profits, including but not limited to security deposits, minimum rants, percentage rents, additional rants, common area maintenance chaigen, parking charges. real estate taxes, other applicable taxes. irrsuranco premium contributions, liywdatod damages following default, cancellation prarnnrms, "loss of rents" insurance. guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Grantor may have That in any way pertain to or are on accnunf of the use or occupancy of the whole or any part of the Prupurty (Rants0 hr ttiu evunl any item listed as Leases or Rent; is determined to be personal property, this Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender with copies of tho Leases and will certify these, Leases are true and correct copies. The existing Leases will he provided un execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately attar they are executed. Lender grants Grantor a revocable license to collect, receive, enjoy and use the Rents so long as Grantor is not in default. Grantor's default automatically and Immediately revokes this license. Grantor will not miler.1 in advance any Rents due in future lease periods, unless Grantor first ubtains Lender's written consent Arnourrts cnllarted will be applied at Lender's discretion to the Secured I)ebts, the cults of managing, protecting and preserving the Property. and other necessary expenses. Upon default, (;rancor will rcculve any Rents in trust tur Lender and [,raptor will not commingle the Rents with any other funds. When Lender su directs. Grantor will tindurse and deliver any payments of Rents from the Property to Lender. Grantor Agrees that Lender will not be cunsrdured to be a mar tgagee-in-prlssession by executing this Security Instrument or by collecting or receiving payments oil the Secured Dahts, hart only may become a mortgagee -in -possession after Grantur's license to collect. receive, 6rijuy and use the Hents i�i revoked by Lender or automatically revoked on Grantor's default, and Lendet lakes actual possession of the Property. Consoquently, until Lender takes actual possession ul the Property. Lender Is riot ubGgated to perform or discharge any obligation of Grantor under the Laage,,, appear to or defend any action or proceeding relating to the Rants, the Leases or the Property. or be Gable in any way for any injury or damage to any person of ptuperty sustained in or about the Property. Grantor agrees that this Security Instrument is immediately effective between Grantor and Lender and effoctive as to third parties on the recording of this Assignment. As long as this Assignment is in ntfecl, Grantor warrants and represents that no default axrsts under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Grantor, at its sole cost and expen$e, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Grantor or any party to the Lease defaults or foils to observe any applicable law, Granter will promptly notify Lender. If Grantor neglects or refuse;: to enforce compliance with the terms of the Leases, than I ender may. at Londor's option, enforce compliance, Grantor will not sublet, modify, extend, cancel, ur uthwwisn alter the Leases, or accept the surrender of the Property rovered by the Leases {unless the Leases so require) without Lender's r..onscnt Grantor will not assign, compromise; suhordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does nut a55UHIC UT bcuotric liable for the Property's maintenance, depreciation. of tither lust es or damages when Lender acts to manaue, protect or preserve the Property, except for losses and damauas due to Lender's gross negligence or intentional wits. 01hurwise, Grantor will indemnity Lender and hold Loader harmlasF: for all liability, loss or damage that Lender may incur when Lander opts to exercise any of its remedies against any party obligated under the Leases, 14, DEFAULT_ Grantor will he in ilrl;,t,lt it any of the following occur: A. Payments, Grantor fails to make a payment in full when due. B. Insolvency or Bankruptcy. 'I he death, dissolution or insolvency of, appointment of a receiver by or an behalf ot, application of any debtor relief taw, the assignment for the benefit of ctedituts by or on behalf of, The voluntary or involuntary terrninatioil of vxlstanre hy. or the commencement of any procanding under any present or future federal or state insulvenuy, bankruptcy, reorftanizaiion, composition or debtor relief law by or against Grantor. Borrower, or any co-signer, 1r1d0r5pr. surety or guarantor of this Security Instrument or any Other obligations Borrower has with Lcrrdur. C. Business Termination. Grantor merges, dissolves, reorganizes, ends its for inns or existence, or a partner or irralonty uwder dray or is declared legally incompetent. D. Failure to Perform. Grantor fails to perform any cundrllon or to keep any promise or rovenanl of this Security Instrument E. Other Documents. A default occurs under the terms of any other decurncnt relating to the Secured Debts F. Other Agreements, Grantor is in default urt any other debt or agreemcm Grantor has with Lender G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that Is anuue, nra(rurale, or conceals a material tact at the time it is made OF provided W. Judgment. Grantor fails to satisfy or appeal ally µldgmcrrt again5T Grantor I Forfuiture. The Property is used in a manner or for a purpose thal threatens confiscation by a legal authuiny J. Name Change. G'arntur chungos Grantor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Grantor transfers all or a substantial part r)f Grarrlur's money or property. This ccnd.tmn of default, as it relates to the tranrfet of the Property, is subject to the restrimi...rs cuntained in the DUE ON SALE seullun L. Property Value. Lender determines in good faith thal the value of the Property has declined or is imp.,itrd 3r03LANARK tit Idaho Deed el 7— �+ahwh Iai4t"Nh d.00937 1(I000F 1117D;ROF;)5Wl -I 99G B.A.-Sy.i'-, ,n ,,, OQUO MN I.9e'? OCT-02-2007 14:55 From: 2083437494 To!; r094248G(39 P.5{9 D"D M. Material Change. Wit eul first notifying Lender, there is a material change in Grantor's business. including ownership, management, and financial conditions. N. Insecurity. Lander determines in good t:nth that a material adverse change has nrr.Lim cl in Grantor's financial condition from the conditions set forth in Grantor's must recant financial statement before the date ul this Security Instrument or that the prospect for payment oi pcilunnance of the Secured Debts is inlpaiieLf for any reason. 15. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law ui in any document relating to the Secured Debts. Airy aniuunis advanced on Grantor's behalf will be immerlihiely due and may be added to the balance owing under the Secured Dehis Lender may make a claim for any And all insuranr.e benefits or refunds that may be available on Granlor's default Subject to any tight to cure, required time schedules or any other notice rights Grantor may have under federal and state law, Lender may make all or any part of the urnount owing by the terms of the SCCLircd Debts immediately due and foreclose this Security Instrumant In a rnanoer provided by law upon the orcurrencc of a default or anytime thereafter. All remedies are disturct, cumulative and not exclusive, and the Lender is ertuticd to all remedies providers at law of equity, whe.tht.r kit not expressly set forth, The acceptance by Lender ut any sum in payment or partial payrileirl rin the Secured Debts alter the balance is due or is accelerated or after lorocfosure proceedings are filer) will nut cuntitrluto a waiver of Lender's right to roquire full and ronlplele cure of any existing default. Fly r,,)t cxcrcising Arty Ielrtudy, Lcridcr does not waive Lender's right to later rnr,sidet the event a default if it continued ui happens again. 16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law. GfaFlLer aginos to pay all expenses of collection, enforcement or protection of Lender's rights and remodras under this Sccmily Instrument or any other document relating to the Secured Debts Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for any iecuidation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, attorneys' lees, court costs and other legal expenses. These expenses are due and payable immediately, If not paid immediately, those expenses will bear interest from the date of payment until paid in full at the highest interest rate in eftant as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable alturnoys' Inns incurred by Lender to protect Lender's iighls and interests in connection with any bankruptcy piuccedufigs nttlialed by or against Grantor, 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (11 Environmental I.Aw means, without limitrtinn, the CLmlprehcosive Environmental Response, Cnn)pe„zmuun and Liability Act (GERCLA. 42 U.S,C. 9601 et sett ), all other federal, state and local laws, regulations, ordinances. court orders, attorney general opinions or interpretive IeMrs t:uncerning the public health, safety, well -are, environment or a hazardous substance, and (2) Hazardous Substance means any toxic, radioactive or hazardous mutcnal. waste. pollutant or contaminant which has characteristirs which render the substance dangerous or poteolktily dangerous to the public health, safely, welfare or environment Tim turret includes. without limitation, any substances defined as "hazardous material," "toxic substance," "I)azmr.lous waste," 'hazardous substance," in "rugulated substance" under any Environmental Law. Grantor represents, warranl;; and agrees that. A. except as previously disclused mid acknowlndged in writing to Lender. no Hazardous Substance has been, is, or will be located, transported, manufaclurcd, Iroatad, refined, or handled by any person nn, under or about the Property, except in the ordinary course of busina;s and in strict compliance with all applicable Environmental Law B. Except as previously disclosed and acknowledged in writing to Lcndar. Grantor has not and will not cause, cururibule in, or permit the releaso of any Hazardous Substance oil the Property. C. Grantor will immediately nolify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or thieatens to migrate from nearby property: or f2) there is a viiflotiuo of arty Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with Environmental Law D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge ul or reason to believe there is any punding or threatened investigation, clann, or proceeding of any kind relating to (1) any Hazardous Substmice located on, under or about the Piopeity; or f2) any violation by Grantor or any tenant of any Envitunrrientul Law. Grantor will immediately notily Lcnder in writing as soon as Gianlnr has reason to believe their is any such pending or threatened invastignttun, claim, or proceeding. In such an event. Lender has the right, but +'rot tyre obligation, to participate in any such prucooding including the right to reccfive copies of any document6 relating to such proceedings E. Except as previously disclosed and acknowledged in writing To Lender, Grantor and every recant have been. are anti will iumam in full compliance with any applicable Environmental Law F, Except as previously disclosed and acknowledged in writing to Lender, there. err nu underground storage tanks, private dumps or open wells located on or under tho Property and no such rank, dump or well will be added unless Lender first consents in writing. G. Grantor will regularly inspect the Property, monitor the activities and uperauons on the Property, antl r,unf rm that all permits, licenses or apprnvais required by any applicable Environnteiilal Law are obtained and r_rlrnphud with H. Grantor will permit, 01 cause any tenant to permit, Lender or Lendar's agent to cntur and inspect the Property and review all records at any reasonable. time in determine (1 I the exlaiellue, location and filature of any Hazardous Substance on, under or about the Pfoperly, (2) the existence. iocation, nature, and magnitude o1 any Hazardous Substance that has been released on, under or about the Property; or (3) whetbiH Or not Grantor and anV tenant are at compliance with applicable Frivirorir'nCrital Law. 31ejLANAkK LLC _ — idano Deed Or Ttual lnOWIR 11JAIsch,ndco0e371000OR r87n1ans310e1 *199E aanKe,p .y7wrna ins !a 1 1n 0 AAN F- bertl` r.qe a OCT-02-2007 14:55 From: 2093437484 To!POe4248609 P.6%9 D4 1. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Propuity and to submit the results of such audit to Lender The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lander has the right, but not the oblilydtion, to purloirn any of Grantor's obItgation5 under thin secbun at Grantor's expense.. K, As a contitsyuence ul any breach of any repre Rentation, warranty or promise made in this sectlUrl. (11 Gianior will indemnify and hold Leader and Lander's successors or assigns harmless from and against rill Bissau, claims demands. liabilities, damages, cleanup, response and remediatfon costs, penalties and expenses, incluilirrrl without limitation all costs of litigation arid anorneys' tees, which Lender and Lender's successors or assifitif may sustain; and 12) at Lender's discruil Lender may release this Security Instrument and in return Grrintor will provide Lender with collateral of at least equal value to the Property without prejudice to any of Leader's rights under this Security h1StrL17leril. L. Notwithstanding any of the language contained in this Security 11tslrurnunt to the contrary. the terms of this suctiun will survive any foreclosure or satisfaction of this Security Instrurnent regardless of any passage of title tit Lender or any disposition by Lender of any or all of the Property. Any r;taens and defenses to the contrary are, rrr;reby wdivud. 18. CONDEMNATION. Grantor will give Lender prompt notice of airy pending or threatened action by private UI publ f, entities to purchase or take any of all of the Property through condemnation, eminent domain, or any other menus Grantor authorizes Lender to intervene in Grantor's name in any of the dbuvr dr:rribed actions or claims. Graiaor us -signs to Lender the proceeds of any award or claim for dartiagcs connarted with a condemnation or Other taking of all or any part of the Property. Such proceeds will be cunsidcrud payments and will be applied as provided III this Security Instrument. This assignment of proceeds is subplot it) the terms of any prior mortgage clued ul trust, security agreement or other lien document. 19. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the Property Grantor wilt mainwin this insurance in the amounts Lender requires This insurance will last until the Property is released from this Security Instrurnent. What Lender requires pursuant to the l)riauedrng two sentences can change during the term of the Steu?ed Debts, Granior may choose the insurance company subject to Lender's approval, which will not he unreas,:-ubly withheld. All niuurQncc policies and renewals will Include a standard "mortgage, cluusc" and, where applicable, "loss payee " 11 required by Lender. Grantor agrees to maintain comprehr-nn.ive lericral liability Insurance and rental lor;ti Or I:ru:;iiiesu interruption insurance in amounts and under policies aoneptable to Lcndor. The comprehensive general liability insurance roust name Lender as an additional insured. The rental loss or business interruption insurance roust lie m an amount equal to at least coverage of one year's daht service, and required escrow account deposits. 1if (i(peed to separately In writing). Grantor will give Lender and the insurance company Immediate notice of any loss, All insuranuu prnreeds will be applied to restoration or repair of the Property or to [tie Secured Debts, at L©nder'5 option. If Lender enquires the Property in damaged condition, Gr;lntoi':i IiUhts to any insurance policies and proceeds will pass it) Landef to the exfont of the Secured Dehis Grantor will immediately notify Lender of cancellation or lerrnrnation of insurance. It Grantor fails to keep the Properly insured, Lender may obtain insurance to protect Lundur's inierent in the Property and Grantor will pay for the 11l5urarme on I enrfer's demand. Lender may demand that Grantur pay for the insurance all at once, or Lender (nay add ice insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that uppti" to the Secured Debts This Insurance may include coverages not originally rcquirod of Grantor, may be wrrnerl by a company other than one Grantor would choose, and may be written at a higher rate than Grantor could ubidin if Giartioi purrha9ed the insurance. Grantor acknowledges and agrees that Lender or one of Lender's affiliates may feceive commissinns on the purchase of this insurance. 20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required In pay to Lender funds for taxes and insurance in escrow. 21. CO-SIGNERS, If Grantor signs Ihis Srcurity Instrument but is not othetwise obligated to pay the Secured Debts, Grantor does so only to convey Granlor's interest in the Property to secure payment of the Secured Debts and Grantor does not agree by sighing this Security Instrument to be personally liable on the Secured Debts If this Security Instrument secures a guaranty butwoon Lender and Grantor, Grantor agiees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligntion These rights may include, but are not limited to, any anti doliciency or one -action laws. 22. SUCCESSOR TRUSTEE. Lender, at Lender's option, clay Irom time to time remove Tru;:te8 and appoint a SUCCUZAM without any other formality than the dosignation hl wnbmg. The successor trustee, without conveyance of the Property, will ,ucceed to all the title, power and duties confenud upon Trustee by this Security Ili Strurlienl arrd 11)plluablu law 23. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraiserrient arid homestead exemption rights relating to the Property 24 DECLARATION. Grantor declares that the Prnl7rrty r5 either not more than forty arse,:: In area or lhaT the Prrrpr.riy iy locuted within an incorporated city or village 26. CONSTRUCTION LOAN. This Security InstiurnunL secures an obligation incurred for the constnrr,tion of an impruvcment on the Property.. 26. APPLICABLE LAW. This Security Instrument is governed by the laws of Idaho. the United State, cif Amcnca. and to the extent mr1miud, by the laws of the jurisdiction where the Property rs localed except to the extent such stalo laws are preempted by fuderal law 3163 LANARK. W; Irish¢ Dir.d or 1-1 I D,quenona¢GOEri7 n¢nroor ryipiNUN3 i0l it 9140 Banker; Evil ms Inc ET :..rc,.n, MN L¢ur,M Papa OCT-02-2007 14:56 From: 20e3437484 To•?084242609 P.719 04 27. JOINT AND INDIViDUA-r LIAe1LITY AND SUCCESSORS. Each Grantor's fihrations under this Security Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or together with any other Grantor. Lcndor may release any part of the Prrrpeity and Grantor will still t)e obligated tinder this Security Instrument for the terusining Property, Grantor agrees that Ler'idei and any party to this Security Instrument may extend, modify or make any change in the terms of this Scuunty Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor horn the terms of this Security Instrument. The duties and henefits of this Security Instrument will bind and bencht Elio successors and assigns of Lender and Grantor. 28. AMENDMENT, INTEGRATION AND SEVERABILITY, This Security Instrurnenl may not be amended or modified by oral agreement No amendrrrcrit or modification of this Security Instrument is effective unless made in writing and exaruted by Grmnlor and Lcrider. This Security Instrument and any other documents relating to the Secured Debts are the complete micl heal expression of the agreement. It any pitivicron of this Security Instrument is unenfoicaable, then the unentrncaablc provision will be severed and the lemaintrig previsions will still he enforceable, 29. INTERPRETATION. Whenever used, the.--iff?Ular includes the plural and the plural Includes the singular. The section headings are for convenience only and are nut to be used to interpret Or define the terms of this Security Instrument aO. NOTICE. FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless othetwrse required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party:s address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Grantor will be deemerl to be notice to all Grantors. Grantor will inform Lutdur in writing of any change in Grantor's name, address or other appficauon Information. Grantor will provide Lendut any financial statements or information Lender requests. All firiaw iol statcmonts and information Grantor gives Lcndor will he correct and complete. Grantor agrees to pay all expenses, changes and taxes in connection with the pieparation and recording of this Security Instrument. Grantor agreen to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, euritinun, and preserve Grantor's obligalrons under this Security Instrument and to confirm Lender's lion status uri any Property, and Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. 31. AGREEMENT TO ARBITRATE. Lender or Grantor may :submit to binding arbitration any dispute, claim or other matter in question between or among Lender and Grantor drat arises out of or relates to this Traimacuon (Dispute), exctipi as otherwise indloawd in this section or as Lander and Grantor agree to in writing. For purposes of this secuon, rhis Transaction includes this Security Instrument and any other document relating to the Secuiod Debts. and prnpnsed loans of extensions of credit that relate to this Sccurrty instrument. Lander or Grantor will not aibilrata any Dispute within any "core proceedings" under the United States bankruptcy laws Lender and Grantor must consent to arhitratc any Dispute concerning the Snakiled Debt secured by real estate at rile, tirne of the proposed arbitration. Lender may trlreclosc or exercise any powers of cart against real property securing the Ser.irnvf Debt underlying any Dispute before, dtwriFj or after any arbitration. Lveidur may also enforce the Secured Deht "i.ured by this real property and underlying the Dispute before, during or after any arbitration. Lunder or Grantor may, whether or not any arbitration has begun, piitSue any self-help or similarreinudies. including taking property or exercising (other rights under the law., seek attachrnant, garnishment, receivership of other provisional rerrredies lrnm a Court having jurisdiction To preserve the fights of or to prevent irreparable injury to Lender or Gramor; Or foreclose aSlainst any property by any method or take legal action to recover any property Forccfosing or exercising a power of salu, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right To cumpel arbitration The arbitrator will deteirrlirrc whether a Dispute is arbitrable A single arbitralor will resolve any Dispute, whether individual or joint in nature, or whether based on contract, tort, nr any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other mattes in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the aibnrainr's award I he judgment or decree will be enforced as any other judgment or decrcu. Lender and Grantor acknowledge that the agreements, fransactions Or the relationships which result from the agrooments or transactions hatween and among Lender and (3ranTer involve interstate c,orwrierce. The United Mates Arbitration Act will govern the interpretation and unlorr,ement of this section. IhH American Arbitration Association's Cornniercial Arbitration Rules, iii eflect on the date of this Security Instrument, will govern the selection of the arhitrator and the arbitration prru,ess, unless otherwise agreed to in this Sccunty Instrument or another writing. 32. WAIVER OF TRiAL FOR ARBITRATION. Lender and Grantor understand that the parties !cave the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration instead of litigation. if any Dispute is arbitrated, Lender and Grantor voluntarily and knowingly waive the, right to hove a trial by jury at judge during the arbitration, SIGNATURES. By signing, Grantor osier;, to the terms and covenants contained in this Scuunty Instrument Grantor also acknowledges receipt of a copy of tins Security Instrument. GRANTOR: 3163 I-ANARk, LLC BY��i�yG ^. Wi*�� � .,rVlFjlc%�cfirL PA IFIC N TH T FLE anager By/•.. r, Walter T. Sig ont , crotaey 31033 LANARK LLC �CW�4 Deed or [loot Ini1,.i. in.—, h,on•nD937 I MOOS 18701 a 0531 DE', "f996 E111c1; S11-11x in_ St CWud PAN L.,.-mow-!ti ifgi OCT-82-2007 14:56 From: 2083431484 To'0084248609 P.8•'9 04 ACKNOWLEDGMENT, (9usiness of Entity) OF _ _t c :%— OF On this clay of J4 before me. a Notary Public, pers nally appeared PACIFIC NUH'f'HWFST ELECTRIC, INC. and Walter T Signlortt knuwn or identified to me (or proved to n1e on the oath of ,ate C I lu bo the president, or vice-president, of secretary or assistani sectetary, of the corporation thAt axeculed the instrument or the person who executed the iilsuument on heholf of said corporation, and acknowledged to me that such curporation executed the same. My commission expires: y iNotaly Pubhut REQUEST FOn HECONVFYANC.E (Not to be completed until paid to lull} TO TRUSTEE' The underswed is the ltoldr:r of the note or notes secured by this Security Instrument. Said note or notes, together with all othei irldebtcdnoss secured by this Security Instniment, have boon paid in full. You are hereby directed to cannel this Security instrument, which Is delivered hereby, and to rcconvey. without warranty, all the estate now held by you under this Security Instrument to the person cis pelsuns logally entitled thorow IAulhuncod Lcndm Signentrel Watel .1 FQ Lr NAHK LLU Iflxt,r: 1lww•, c 11 1 rust 1D!41sclvnde0J9371M00j 15701805d1UtlY 41199C B—u— Inc Sr Claud MN L1f`uf7; Initial: _ Pu(iw 7 OCT-02-2007 14:56 From: 208�3437484 To:0084248609 P.9{9 04 EXHIBIT A FarGcl kl Disci ipLioti A portion Of l .nt. 7 and a portion of Lot ) of the Olson and Bush Industrial Park Subdivision, located in a portion of the Southcatit '.4 of the Southeast Srction 8, Township 3 North, Range 1 F-st, Boisc Adcridian, City of Meridian, Ad" County, A pontou of Lot 7 and a portion of Lot 1 of the Ulson and Busb Industrial Park Subdivision, located in a portion oathe Southeast �4 of the Southerul %. Stctton 8, Township 3 North, PAIlge 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more pat iaularly described as follows: }icgiAzaitag at the found brass cap markiog the Southeast coTacr of Sectioa 8, Township 3 North, Range I East, frcm which the found brasti cap mark%ng the East % cornt:r of Soction 8 bears North 01128'08" East a distance of 2,650.12 feet; Tbencc along the Easterly boundary of said Section, North. 01 °28'08" East, a distance of 498.00 feet to a point, Thence leaving said boundary, North 88°28'1T' West, a distanco of 100.00 feet to a found 518 loch rehar with plastic cup stamped "FLSI PLS 7612" on the West right-of-way of Eagle Road at the TRUE POINT OF BEGINNING; Thence leaving said right of --way and continuing along the South line of Lots 1 and 2, Norb RR°2H'17" west, a disuince of 220.(17 feet to a found 518 inch rcbar with pl3sae cap stamped "FLSI PLS 7612" at the Southwest corner of Lot 2, Thence along the Wc:;tetly boundary of said Lot.. Borth 01°28'08" East, a distance of 82.10 feat to a set 5/8 inch rcbar with plastic cap stumped "FLSI PLS 7612' ; Thencc leaving the Westerly boundary of Lot 2, Soulll RVIS'10" Gast, a distance of 101,58 feet to a set 3'8 inch rcbar with plastic cap stamped "FLSI ELS 7612' Thence North 01 "24'50" Fact, a distancc of 6.21 feet to a set 518 inch rcbar with plastic cap staniped "FLSI PLS 7612"; Thence South 88°35' 1 tT' East, a distance of 32,50 feel. to a set 518 inch rcbar with plastic cap Stamped " FLST. PT ,S 7612': Thence North 01'24' 50" East, a distance of 32.06 feet to a set Sib inch rcbar with plastic cap stamped "FLSI PLS 7612", I'hence Soutb 83°35154' East, a distance of 56.03 feet to a sct 5/8 inch rcbar with plastic cap stamped "FLSI PBS 7ti12 Thence Noah 01.28'08" Last, a distance of 154-15 feet to a set 518 inch rcbar with plastic cap stamped " PLS1 PLS 1612" at u point on the Southerly right-ui-may of Lanark Srr=; Thence along said right-of-way, South 88°28'08" Bast, a distance of 30-00 feet to a found 518 inch reba' with plastic cap stamped "FLSI PLS 7612" at a point on the Westerly right-of-way of Eagle Road; Thence along said rigbl-of-waV, South 01428'08" West, a distance of 274.92 feet to the TRUE POrNT OF BEGCNIM`1NG. Cites of Meridian Pre -application Meeting Notes Date: (-a - 30-Q$ Project/Subdivision Name:co 3 (e n�►e Applicant/Contact: Pa+n cac- tin Kee h City Staff- _ _ ^oc5�• � a 62 -Leb Location: 3 t �Cna-rlc-- Existing Zoning: -T-- k- Contiguous and Within AOI (AZ only): Proposed Zoning: C- C Number of Units and/or Lots: Property Size: Dwelling Type (if residential): Surrounding Uses: I r u g+y- a i, C C;V^ ev�-t.r u C,► Comprehensive Plan. Designation(s): )ndJ S-t - d- t Street Buffers and/or Land Use Buffers: we t e_+-}e, P , 17-D , Open Space/Amenities/Pathways: ►o' Street System/Stub Streets/Access: Sewer and Water Service: Topography/Hydrology/Floodplain Issues: Canals/Ditches/Irrigation and/or Hazards: History: R2. r WE- t;ccr-F^ ' I-i3 Sa.As , Additional Meeting Notes:-� weed R: 2cSri e— -Pr C*F"cV /c6-mn1L12 rU-a.1 11es a� peve-'-? -.,,end- ,q G.r ts, + - n o b ar U S-1 Le-pu-1-we us -es Other Agencies/Departments to Contact (circle): Ada County Highway District Nampa and Meridian Irrigation Parks.Department Idaho 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 Annexation Misc. (DA Modification) Certificate of Zoning Compliance Planned Unit Development Comp Plan. Map Amendment Preliminary Plat Comp Plan. Text Amendment Private Street Conditional Use Permit zone Additional Pre -Application Conference (circle one): Anticipated Submission Date: Required Short Plat Time Extension UDC Text Amendment Vacation Variance Other: Anticipated Hearing Date: NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-5A-SC, prior to submittal of an applica.tion,requiring a public hearing. Z) Except for UDC Text Amendments, Comprehensive Plan Text Amendments and Vacation applications, all other applications requiring a public hearing shall be posted is 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 niay affect your submittal and/or application. This pre -application meeting shall be valid for 6 months. Attendance List 3163 E Lanark August 20, 2008 6:00 p.m. Name Address Phone ►vim -17 �89D /V, 1 MEETING NOTICE TED SIGMONT would like to invite you to a meeting to discuss his rezone request for the site at 3163 E Lanark in Meridian, Idaho. Mr. Sigmont is requesting a zone change from IL (Industrial) to CG (General Commercial) to allow retail, and office use at the site. DATE Wednesday, August 20, 2008 TIME: 6.00 p.m. LOCATION: 3163 E Lanark, Meridian, Idaho PLEASE TURN OVER FOR MAP We look forward to meeting with you. PATRICK MCKEEGAN ARCHITECTS 280 N. Latah St., Ste 100 Boise, ID 83706 p (208) 424-8608 f (208) 424-8609 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. A plicant/agent si nature Date RADIUS NOTICE REPORT FILE NAME: 3163 22-Sep-2008 Owners Owner Address 3131 LANARK LLC Property Address: 3163 LANARK LLC Property Address: MAYES OREN C FAMILY TRUST MAYES CARMEN J TRUSTEE Property Address: R C WILLEY HOME FURNISHINGS Property Address: R C WILLEY HOME FURNISHINGS Property Address: VAN AUKER RONALD W Property Address: VAN AUKER RONALD W Property Address: VAN AUKER RONALD W Property Address: VAN AUKER RONALD W Property Address: 4696 W OVERLAND RD BOISE, ID 83705-0000 4696 W OVERLAND RD BOISE, ID 83705-0000 3163 3163 3084 E LANARK ST MERIDIAN, ID 83642-0000 3163 2301 S 300 SALT LAKE CITY, UT 84115-2516 3163 2301 S 300 SALT LAKE CITY, UT 84115-2516 3163 3084 E LANARK MERIDIAN, ID 83642-0000 3163 3084 E LANARK MERIDIAN, ID 83642-0000 3163 3084 E LANARK MERIDIAN, ID 83642-0000 3163 3084 E LANARK MERIDIAN, ID 83642-0000 3163 1 Owners Owner Address WHEEL CITY PROPTY OF BOISE LLC Property Address: YANKE RONALD C YANKE LINDA L Property Address: YANKE RONALD C YANKE LINDA L Property Address: YANKE RONALD C YANKS LINDA L Property Address: 244 CONSTITUTION WAY IDAHO FALLS, ID 83402-0000 3163 4414 S GEKELER LN BOISE, ID 83716-0000 4414 S GEKELER LN BOISE, ID 83716-0000 4414 S GEKELER LN BOISE, ID 83716-0000 3163 3163 3163 2