HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST
Project Name: Nola Road Vacation
File No.
Contact Name: Doug Tamura Phone:
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
721-2151
Hearing Date:
❑ Certifieds to property owners:
❑ Planning and Zoning Commission Recommendation
Notes:
VAC 08-002
March 19, 2008
0 Approve ❑ Deny
City Council Level: Hearing Date:
❑ Transmittals to agencies and others:
❑ '"� otice to newspaper with publish dates:
X❑Certifieds to property owners:
City Council Action: xf Approve
Findings / Conclusions / Order received rom attorney on:
Findin s / Co�nna / Clrr1
❑ Approved by Council
❑ Copies Disbursed:
❑ Findings Recorded
Development Agreement:
❑ Sent for signatures:
❑ Signed by all parties:
❑ Approved by Council:
❑ Recorded:
❑ Copies Disbursed:
Ordinance No. Resolution No.
❑ Approved by Council:
❑ Recorded: Deadline: 10 days
❑ Published in newspaper:
❑ Copies Disbursed:
Notes:
April 15, 2008
March 20, 2008
and
❑ Deny
Re,maQone:
Original Res/Copy Cert Minutabook
COPY Res/Copy Cerr City Clerk
Cly Engineer
City Planner
city Anom
ey
Stening Codfiers
Project File
Deputy Clerk
Copy Res / Onginal Cerr
Ad. County (CPAs)
Ai,plicant(non-CPAs)
Recorded 0,,lnances'.
Cnginel. Minutabook
Copies to. Ciy Clerk
Scale Tay Comm.
State T,eas�re,, Audtor, A essor
Srerli ng Codhers
Ciy Anomey
Ciy Engineer
Ciy Planner
Project file
Applicant(if appl.)
CePuy Clerk
Findnps / Orders:
Onginat. Minutabook
Copies lo. Applicant
Project Xle
Qy Engineer
Ciy planner
Ciy Anomey
Deputy Clerk
Record Vacation Flndnps ••
Record Oeydapment AQnements:
Qiglnal:Flreproof File
Cepies 1. Applicant
Project file
Ciy Engineer
Ciy planner
Ciygnomey
Deputy Clerk
(�irENty
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
To insure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: April 8, 2008
Transmittal Date: March 20, 2008 File No.: VAC 08-002
Hearing Date: April 15, 2008
Request: Vacate the existing right-of-way of Nola Road for Nola Road
Vacation
By: Doug Tamura
Location of Property or Project: north of Lanark Street and east of Locust
Grove Road
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Joe Borton, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
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TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
M ayo r T'a rn rinry, r.:i ,r.-.I 7/I/ec, r d
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
To insure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: April 8, 2008
Transmittal Date: March 20, 2008 File No.: VAC 08-002
Hearing Date: April 15, 2008
Request: Vacate the existing right-of-way of Nola Road for Nola Road
Vacation
By: Doug Tamura
Location of Property or Project: north of Lanark Street and east of Locust
Grove Road
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Joe Borton, C/C
Keith Bird, C/C
David Zaremba C/C
k:CWater Department
Sewer Department
Sanitary Services (No VAR, vac, FP)
��Building Department / Rich Greene
,Fire Department
Police Department
f� ity Attorney
City Engineer
_cYCity Planner
-,R!7Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
�eridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
_-V-�:�"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)
VIdaho 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
OU " l li YI
II)A HC)
r
of Review Requested (check all that a
❑ Alternative Compliance
❑ Annexation and Zoning
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Permit Modification
❑ Design Review
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Private Street
❑ Rezone
❑ Time Extension (Commission or Council)
❑ UDC Text Amendment
Vacation (Council)
❑ Variance
❑ Other
Information
Applicant name:
Planning Department
COMMISSION & COUNCIL REVIE J fdj�"
MAR 0 5 2008
anning uepartment
STAFF USE ONLY::
File number(s): Mir, -09 - Od2
Project name: g0a -2�
Date filed: 'Jam' 0 Date complete:
Assigned Planner: Kyli?�Y �ql!
Related files:
Hearing date. -1S:- CommissionKCouncii
Phone:
Applicant address: (1,1-`C y?A } IN pA46 fo Zip:
Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned ❑ Other &bITI) 6F CW
Owner name: divm"ro Phone:(2 7W-Z_1�a,1
Owner address: —�3 �1mA1;dA .Pr_. Zip: L-32 j Z,
Agent name (e.g., architect, engineer, developer, representative): (IUAIT
Firm narr
Address:
Primary contact is: ) Applicant ❑ Owner ❑ Agent ❑ Other
Contact
E-mail:
Subject Property Information
Location/street address: LV Sf-
Assessor's parcel number(s): _�36 2.72CO0.5'
Township, range, section: -T3;q R J 0 �,$ �
Current land use:_
ITAlhl,rxW
Phone: ?-83 � _Z440
Zip: �?i2LZ_
Phone:
�1�741)5j/
Fax: 37 3 - Z Z/ G
'fbialhcreage: t5? 4c to s
Current zoning district: _ia* / L,,.,
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 . Website: www.meridiancity.org
I
ect
Project/subdivision name:
General description of prof
A_ 41�'a4
Proposed zoning district(s):
proiect/request:
Acres of each zone proposed:
Type of use proposed (check all that apply):
❑ Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within?
Primary irrigation source:
Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable) A
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: 2 or more Bedrooms:
Minimum square footage of structure(s) (excl. garage):
Proposed building height:
Minimum property size (s.f): Average property size (s.f.):
Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys):
Percentage of open space provided: Acreage of open space:
Percentage of useable 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) NA
Number of building lots: Other lots:
Gross floor area proposed:
Hours of operation (days and hours
Percentage of site/project devoted to the following:
Landscaping: B
Existing (if applicable):
Building height:
utldmg. 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:
E. Watertower Lane, Suite 202 • Date: M&. 3 QQ
Phone: (208) 884-5533 • Facsimile: 208 888-6854 Meridian, Idaho 83642
( ) Website: N'v'w.meridiancity.org
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March 3, 2008
City of Meridian City Council
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
RE: Street Vacation
Nola Street north of Lanark and south of the railroad right of way
Dear Council Members:
In regards to the above referenced street vacation, I am requesting approval to vacate the
public right of way for Nola Street north of Lanark Street and south of the Railroad right
of way. The Locust Grove extension was recently completed last fall, one of the
requirements was the closure of the railroad crossing at Nola Street. Ada County
Highway District installed an emergency vehicle turn around cul-de-sac at the northern
end of Nola. Nola Street currently dead ends at the railroad tracks. The existing right of
way is shared by only two property owners. It is our desire and the neighboring property
owner to the east of the Nola right of way desire to submit an application to the Ada
County Highway District to request vacation of that portion of Nola Street and purchase
the right of way. I have attached a legal description and a site plan showing the proposed
vacation.
I would appreciate your consideration on this matter, please contact me if you need any
additional information.
DOUG TAMURA
1 124 Santa Maria
Boise, ID 83712
(208) 721-2151 (c)
(208) 336-7061 (w)
(208) 343-2210 (f)
doughtamura@msn,com
Meeting Date: April 15, 2008
File No.: VAC-08-002
Project Name: Nola Road Vacation
Request: Request to vacate the existing right-of-way of Nola Road by Doug Tamura.
Location: North of Lanark Street and east of Locust Grove Road in the NE '/4 of T. 3N., R.
1 E., Section 8.
REGE&El)
W
-Ar
MAR 19 2008
CITY OF MERIDIAN
CITY CLERK pFFICF
Page 1 of 2
u �
Kristy Vigil
From: Kristy Vigil
Sent: Wednesday, March 19, 2008 10:24 AM
To: 'Tammy McCarthy'
Subject: RE: Nola Street Vacation
Hi Tammy,
Thanks for the clarification.
Kristy
From: Tammy McCarthy [mailto:Tmccarthy@achd.ada.id.us]
Sent: Wednesday, March 19, 2008 9:49 AM
To: Kristy Vigil
Subject: RE: Nola Street Vacation
Kristy, I checked with those above me in the chain, the prescriptive area does not need to be
included in the vacation.
ramc,wa,AfcCaftl y
Sr. Right of Way Agent
Right -of -Way and Development Services
Ada County Highway District -- Committed to Service
(208)38 7-62 74 Direct
(208)387-6393 Fax
www.achd.ado.id.us
44a#a
From: Kristy Vigil [mailto:vigilk@meridiancity.org]
Sent: Monday, March 17, 2008 11:30 AM
To: Tammy McCarthy
Subject: RE: Nola Street Vacation
Thank you Tammy, I really appreciate your help.
Kristy
From: Tammy McCarthy[mailto:Tmccarthy@achd.ada.id.us]
Sent: Monday, March 17, 2008 11:24 AM
To: Kristy Vigil
Subject: FW: Nola Street Vacation
Kristy,
I did confirm with Doug last week that the area proposed for vacation was actually a
3/19/2008
Page 2 of 2
prescriptive easement that was to be included when applying for the vacation. Please be
assured that we will be examining all of the documents as the application advances to our
office.
ramewa,A&Cafthy
Sr. Right of Way Agent
Right -of -Way and Development Services
Ada County Highway District -- Committed to Service
(208)38 7-62 74 Direct
(208)387-6393 Fax
www.achd.adaJd.us
From: doug [mailto:doughtamura@msn.com]
Sent: Monday, March 17, 2008 11:10 AM
To: Tammy McCarthy
Subject: Nola Street Vacation
Tammy, In regards to the Nola Street vacation that I spoke to you about last week, Kristy Vigil,
Meridian City Planner is processing the application. She would like written confirmation from ACHD
that the legal description that I reviewed with you is approved. Please send her an email:
viailk akmeridiancity.org
Thanks for your help!!
Doug Tamura
(208)721-2151
3/19/2008
Page 1 of 1
Kristy Vigil
From: Tammy McCarthy [Tmccarthy@achd.ada.id.us]
Sent: Monday, March 17, 2008 11:24 AM
To: Kristy Vigil
Subject: FW: Nola Street Vacation
Kristy,
I did confirm with Doug last week that the area proposed for vacation was actually a
prescriptive easement that was to be included when applying for the vacation. Please be
assured that we will be examining all of the documents as the application advances to our
office.
7amawa,A&Caft)1 l
Sr. Right of Way Agent
Right -of --Way and Development Services
Ada County Highway District -- Committed to Service
(208)387-6274 Direct
(208)387-6393 Fax
www._achd. ada._id. us
From: doug [mailto:doughtamura@msn.com]
Sent: Monday, March 17, 2008 11:10 AM
To: Tammy McCarthy
Subject: Nola Street Vacation
Tammy, In regards to the Nola Street vacation that I spoke to you about last week, Kristy Vigil,
Meridian City Planner is processing the application. She would like written confirmation from ACHD
that the legal description that I reviewed with you is approved. Please send her an email:
vigilk(cbmeridiancity org
Thanks for your help!!
Doug Tamura
(208)721-2151
3/17/2008
Legal Description
Nola Right -of -Way Vacation
A parcel located in the SW '/4 the SW '/4 of Section 8, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southeast corner of the W '/z of
the SW % of the SW % of said Section 8, from which a brass cap monument marking the
southwest corner of said SW '/ of the SW % bears N 89056'56" W a distance of 661.43
feet;
Thence N 0026'58" E along the easterly boundary of said W '/Z of the SW %4 of the SW '/4 a
distance of 759.88 feet to the POINT OF BEGINNING;
Thence leaving said easterly boundary N 89034'22" W a distance of 37.00 feet to a point;
Thence N 0027'11" E a distance of 157.19 feet to a point;
Thence a distance of 13.23 feet along the arc of an 18.00 foot radius curve left, said curve
having a central angle of 42007'24" and a long chord bearing N 20036'30" W a distance of
12.94 feet to a point;
Thence a distance of 110.53 feet along the arc of a 44.00 foot radius curve right, said
curve having a central angle of 143055'29" and a long chord bearing N 30017'33" E a
distance of 83.68 feet to a point on the easterly boundary of said W '/2 of the SW '/4 of the
SW % and the westerly boundary of Locust Grove Industrial Park as shown in Book 41 of
Plats on Page 3391, records of Ada County, Idaho;
Thence along said westerly boundary of Locust Grove Industrial Park N 0026'58" E a
distance of 210.66 feet to a 1 inch diameter iron rod marking the northwest corner of said
Locust Grove Industrial Park;
Thence S 88031'51" E along the northerly boundary of said Locust Grove Industrial Park a
distance of 33.01 feet to a point marking the northwest corner of Lot 1 of Block 1 of said
Locust Grove Industrial Park;
Thence S 0026'58" W along the westerly boundary of said Lot 1 a distance of 430.76 feet
to a point;
Thence continuing along said westerly boundary a distance of 31.52 feet along the arc of
a 20.00 foot radius curve left, said curve having a central angle of 90017'22' and a long
chord bearing S 44041'43" E a distance of 28.36 feet to a point on the southerly boundary
of said Lot 1;
Thence N 89050'24" W along the prolongation of said southerly boundary a distance of
53.10 feet to a point on the easterly boundary of the W '/ of the SW Y4 of the SW %4 of
said Section 8;
La
c�jiutions Nola R-O-W Vacation
Land surveying and Camu"V
Job No. 07-84
Thence S 0026'58" W along said easterly boundary a distance of 0.88 feet to the POINT
OF BEGINNING.
This parcel contains 0.57 acres (24,630 square feet) and is subject to any easements
existing or in use.
Clinton W. Hansen, PLS oNPL o
Land Solutions, PC
October 4, 2007
o
11118 X
1010410140 �
0 F
tiTo� W
UiildSbfutions Nola R-O-W Vacation
Lana SurveyYg and Consulting
Job No. 07-84
www.titleonecorp.com
Order No. A0661805
DEED OF TRUST
THIS DEED OF TRUST, dated JANUARY 3, 2007 between ZWJ PROPERTIES, LLC„ AN
IDAHO LIMITED LIABILITY COMPANY, herein called GRANTOR, whose address is 1854
E LANARK STREET, MERIDIAN, ID 83642 and TITLEONE, an Idaho Corporation, herein
called TRUSTEE, and CLAYTON RECORD and SUSAN RECORD, HUSBAND AND WIFE,
herein called BENEFICIARY, whose address is
VM NMSET 4: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL AND
CONVEY TO THE TRUSTEE IN TRUST WITH POWER OF SALE, that property in the
county of Ada, State of Idaho, described as follows and containing not more than forty acres:
Lot 1 in Block 1 of LOCUST GROVE INDUSTRIAL PARK, according to the official plat
thereof, filed in Book 41 of Plats at PageS 3391 and 3392, and Amended by Affidavit recorded
June 6, 1977, as instrument No. 7727098, and further Amended by Affidavit recorded June 12,
1997 as Instrument No. 97046598, official records of Ada County, Idaho..
TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority
hereafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits.
For the purpose of securing payment of the indebtedness evidenced by a promissory note, of even date herewith,
executed by Grantor in the sum of $302,500.00, with final payment due JANUARY 1, 2017 and to secure payment
of all such Ruler sums as may hereafter be loaned or advanced by the Beneficiary herein to the Grantor herein, or
any or either of them, while record owner of present interest, for any purpose, and of any notes, drags or other
instruments representing such further loans, advances or expenditures together with interest on all such sums at the
rate therein provided. Provided, however, that the making of such further loans, advances or expenditures shall be
optional with the Beneficiary and provided further, that it is the express intention of the parties to this Reed of Trust
that it shall stand as continuing security until paid for all such advances together with interest thereon.
A. To protect the security of this Deed of Trust, Grantor agrees:
1. To keep said property in good condition and repair, not to remove or demolish any building thereon,
to complete or restore promptly and in good and workmanhke manner any building which may be
constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and
materials furnished therefore; to comply with all laws affecting said property or requiring any
alterations or improvements to be made thereon; not to commit or permit waste thereof~ not to
commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize,
fumigate, prune and do all other acts which from the character or use of said property may be
reasonably necessary, the specific enumerations herein not excluding the general.
2. To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to
Beneficiary. The amount collected under a fie or other insurance policy may be applied by
Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or
at option of Beneficiary the entire amount so collected or any part thereof may be released to Grantor.
Such application or release shall not cure or waive any default or notice of default hereunder or
invalidate any act dove pursuant to such notice.
3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights
or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of
title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or
Trustee may appear.
4. To pay, at least ten days before delinquency all taxes and assessments affecting said property, when
due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which
appear to be prior or superior hereto; all costs, fees and expenses, of this Trust. In Addition to the
payments due in accordance with the terms of the note hereby secured the Grantor shall at the option,
and on demand of the Beneficiary, pay each month 1/12 of the estimated annual taxes, assessments,
insurance premiums, maintenance and other charges upon the property, nevertheless in trust for
Grantor's use and benefit and for the payment by Beneficiary of any such items when due. Grantor's
failure to pay shall constitute a default under this Trust.
5. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the
provisions hereof, with interest from date of expenditure at the rate of interest specified in the above -
described promissory note.
6. Should Grantor fail to make any payment or to do any act as herein provided, then Beneficiary or
Trustee, but without obligation so to do and without notice to or demand upon Grantor and without
releasing Grantor from any obligations hereof, may; make or do the same in such manner and such an
extent as either may deem necessary to protect this security hcreoC Beneficiary or Trustee being
authorized to enter upon said property for such purposes; appear in and defend any action or
proceeding purporting to affect the security hereof or the rights or powers or beneficiary or Trustee;
pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of
either appears to be prior or superior hereto; and, in exercising any such powers, or in enforcing this
Deed of Trust by judicial foreclosure, pay necessary expenses, employ counsel and pay his reasonable
fees.
l3. It is mutually agreed that:
1. Any award of damages in connection with any condemnation for public use of or injury to said
property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or
release such moneys received by him in the same manner and with the same effect as above
provided for disposition of proceeds of fire or other insurance.
2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his
right either to require prompt payment when due of all other sums so secured or to declare default
for failure so to pay.
3. At any time or from time to time, without liability, therefore and without notice, upon written
request of Beneficiary and presentation of this Deed and said note for endorsement; and without
affecting the personal liability of any person for payment of the indebtedness secured hereby,
Trustee may: Reconvey all or any part of said property; consent to the making of any map or plat
thereof; join in granting any easement thereon; or join in any extension agreement or any agreement
subordinating the lien or charge hereof.
4. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon
surrender of this Deed and said note to Trustee for cancellation and retention upon payment of its
fees, Trustee shall reconvey without warranty, the property then held hereunder. The Grantee in
such reconveyance may be described as `the person or persons legally entitled thereto.
5. As additional security, Grantor hereby gives to and confers upon Beneficiary the right, power and
authority, during the continuance of these Touts, to collect rents, issues and profits of said property,
reserving unto Grantor the right, prior to any default by Grantor in payment of any indebtedness
secured hereby or in performance of any agreement hereunder, to collect and retain such rents,
issued and profits as they become due and payable. Upon any such default, Beneficiary may at any
time without notice, either in person, by agent, or by a receiver to be appointed by a court and
without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and
take possession of said property or any part thereof~ in his own name sue for or otherwise collect
such rents, issues and profits, including those past due and unpaid and apply the same, less costs
and expenses of operation and collection, including reasonable attorney's fees, upon and
indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon
and taking possession of said property, the collection of such rents, issues and profits and the
application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or
invalidate any act done pursuant to such notice.
6. Upon default by Grantor in payment of any indebtedness secured hereby or in performance of any
agreement hereunder, all sums secured hereby shall immediately become due and payable at the
option of the Beneficiary. In the event of default, Beneficiary shall execute or cause the Trustee to
execute a written notice of such default and of his election to cause to be sold the herein described
property to satisfy the obligations hereof, and shall cause such notice to be recorded in the office of
the recorder of each county wherein said real property or some part thereof is situated. Notice of
sale having been given as then required by law, and not less than the time then required by law
having elapsed, Trustee, without demand on Grantor, shall sell property at the time and place fixed
by it in said notice of sale, either as a whole or in separate parcels and in such order as it may
determine, at public auction to the highest bidder for cash in lawful money of the United States,
payable at time of sale. Trustee shall deliver to the purchaser its Deed conveying the property so
sold, but without any covenant or warranty expressed or implied The recitals in such Deed of any
matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Grantor,
Trustee, or Beneficiary, may purchase at such sale. After deducting such costs, fees and expenses,
of Trustee and of this Trust, including cost of evidence of title and reasonable counsel fees in
connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expended
under the terms hereof not then repaid, with accrued interest at the rate specified in the above
described promissory note; all other sums then secured hereby; and the remainder, if any, to the
person or persons legally entitled thereto.
7. This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees,
devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the
holder and owner of the note secured hereby; or, if the note has been pledged, the pledgee thereof.
In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or
neuter, and the singular number includes the plural.
8_ Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or
of any action or proceeding in which Grantor, Beneficiary or Trustee shall be a party unless brought
by Trustee.
9. In the event of dissolution or resignation of the Trustee, the Beneficiary may substitute a trustee or
trustees to execute the trust hereby created and when any such substitution has been filed for record
in the office of the Recorder of the county in which the property herein described is situated, it shall
be conclusive evidence of the appointment of such trustee or trustees, and such new trustee or
trustees shall succeed to all of the powers and duties of the trustee or trusties named herein.
Request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale hereunder
be mailed to the Grantor at his address hereinbefore set forth.
FA
�3
STATE OF IDAHO
COUNTY OF ADA
ON THIS _ DAY OF JANUARY, IN THE YEAR 2007, BEFORE ME, THE
UNDERSIGNED, PERSONALLY APPEARED ZEPHANIAH W. JOHNSON, KNOWN OR
IDENTIFIED TO ME TO BE THE MANAGER OR MEMBER OF THE LIMITED LIABILITY
COMPANY THAT EXECUTED THE INSTRUMENT OR THE PERSON(S) WHO
EXECUTED THE INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITY
COMPANY, AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY
COMPANY EXECUTED THE SAME.
DIANNA L. STORK
COMMISSION EXPIRES: 01/23/08
RESIDING AT:
STATE OF IDAHO )
COUNTY OF ADA )
AFFIDAVIT OF LEGAL INTEREST
(name) (address)
, U?Aflp o .371-z
(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:
k t)� �fi iylLt iz.A , I(Z4 S�hf7�MA&Pr V!Z-.
(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 { — 1 & 20 02
—A
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
400 (Notary Public for Idaho)
Residing at: .'04 J.lj
My Commission Expires: ,3 a/- /A
GLENDA IIILDF-BRANDT
Notary Public
State of Idaho
'V_
r
ADA COUNTY RECORDERrDAVID NAVARRO AMOUNT 9.00
BOISE IDAHO 12/29/06 04:49 PM
DEPUTY Hane
RECRDEDe REQUEST OF III IIIIIIIIillllllilllillililll III III
We One 106201907
QUIT CLAIM DEED
FOR VALUE RECEIVED,
Douglas W. Tamura, a single man
Does hereby convey, release, remise and forever quit claim unto
Kobe, LLC, an Idaho Limited Liability Company
whose current address is: 499 W. Main Street, Boise, ID 83702
the following described premises:
Parcel I:
A parcel of land being a portion of the East half of the Southeast quarter of the South
quarter of Section 7 and a portion of the West half of the Southwest quarter of the east
Southwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at a brass cap marking the Southwest corner of the said Section 8• the
along the West boundary of the said West half of the Southwest quarter of the Sou
quarter of Section 8 thence
North 00000'12" West 40.00 feet to an iron pin on the North right-of-waySouthwest
Franklin Road, also said point beingthe REAL POINT OF BEGINN line of East
the said North right-of-way line ING; thence along
South 89019'46" West 45.00 feet to a point; thence along a line 45.00 feet Westery
and parallel with the said West boundary of the said West half of the Southwest uto
of the Southwest quarter of Section 8
North 00000'12" West 1190.93 feet to a point on the South right-of-wa li q artr
Pacific Railroad; thence; along the said South right-of-way line y ne of the Union
South 88056100" East 706.89 feet to an iron pin on the East boundary of the said West
half of the Southwest quarter of the Southwest quarter of Section 8; thence along
East boundary
South 00001'08" West 1172.76 feet to an iron pin on the said North r• the said
East Franklin Road, thence along the said North right-of-way line fight -of --way line of
South 89036'43" West 661.34 feet to the POINT OF BEGINNING;
Parcel II:
A parcel of land being a portion of the East half of the Southeast quarter of the Southeast
quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada
County, Idaho and more particularly described as follows:
Commencing at a brass cap marking the Southeast corner of the said Section 7; thence
along the East boundary of the said East half of the Southeast quarter of the Southeast
quarter of Section 7
North 00000' 12" West 40.00 feet to an iron pin on the North right-of-way line of East
Franklin Road; thence along the said North right-of-way line
South 89019'46" West 45.00 feet to a point, also said point being the REAL POINT OF
BEGINNING; thence along a line 45.00 feet Westerly of and parallel with the said East
boundary of the East half of the Southeast quarter of the Southeast quarter of Section 7
North 00°00' 12" West 1190.93 feet to a point on the South right-of-way line of the Union
Pacific Railroad; thence along the said South right-of-way line
North 88"56'00" West 617.84 feet to an iron pin on the West boundary of the said East
half of the Southeast quarter of the Southeast quarter of Section 7; thence along the said
West boundary
South 00°02'01 " West 1209.66 feet to an iron pin on the said North right-of-way line of
East Franklin Road; thence along the said North right-of-way line
North 89019'46" East 618.55 feet to the POINT OF BEGINNING.
Excepting from Parcel I & II:
Quarter of Section 7, Township 3 North, Range 1 East, of the Boise
A parcel of land located in the East Half of the Southeast Quarter of the Southeast
County, Idaho, being more particularly described as follows: Meridian, Ada
Commencing at the Southeast corner of Section 7; thence
South 89019'46" West, a distance of 663.58 feet along the South line of said Section 7
said line also being the Centerline of East Franklin Road to a point marking the
Southwest corner of the East Half of the Southeast Quarter of the Southeast Quarter of
said Section 7; thence leaving said South line
North 00002'01 " East, a distance of 40.00 feet along the Westerly line of said East Half of
the Southeast Quarter of the Southeast Quarter of Section 7 to a point on the Northerly
right-of-way line of said East Franklin Road; thence continuing along said Westerly line
of the East Half of the Southeast Quarter of the Southeast Quarter of Section 7
North 00°02'01 " East, a distance of 683.04 feet to the TRUE POINT OF BEGINNING;
thence continuing along said Westerly line of the East Half of the Southeast Quarter of
the Southeast Quarter of Section 7
North 00°02'01 " East, a distance of 526.62 feet; thence leaving said Westerly line
South 88056100" East, a distance of 332.89 feet; thence
South 00002'01 " West, a distance of 520.40 feet; thence
South 89059'48" West, a distance of 332.84 feet to the POINT OF BEGINNING.
Also excepting from Parcel I & II those portions deeded to Ad
for the right of way of Locust Grove Road, East Lanark Drive and a portion ofHighway District
Road said descriptions contained in the following warranty deeds: portion of N. Nola
Warranty Deed recorded June 30, 1997 as Instrument No. 97051508 and
corrected by Warranty Deeds recorded September 17, 1997 as Instrument
and 97076443, ment Nos. 97 076442
Warranty Deeds recorded September 24, 2003 as Instrument Nos. 103162356 and
103162358, records of Ada County Idaho.
Warranty Deed recorded December 15, 2005 as Instrument no. 105191297
records of Ada County Idaho,
TO HAVE AND TO HOLD the said premises, unto the said grantees, nees, heirs and assigns
Date 4Dgt1aW
De e � ber 2.o , 2006
Tamura
State of Idaho
County of Ada ) ss.
On this 2a)!:lt day of December 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared Douglas W. Tamura, known
identified to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same. or
IN WITNESS WHE , ave hereunto set my hand and affixed my official
'al
seal the day and year i is ertificate Irst above written.
otary Pu lic for Idaho
My Commission Expires: Q^'� 1PRq��
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