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Home My WebLink AboutCity Clerk Checklist`-M• CITY CLERK FILE CHECKLIST Project Name: Queenland Acres Contact Name: Rita Earl Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: File No. VAC 07-01 1 Phone: 454-0256 Hearing Date: and August 31, 2007 ❑ Planning and Zoning Commission Recommendation: 0 Approve ❑❑ Deny y City Council Level: Hearing Date: 0 Transmittals to agencies and others: 0 Notice to newspaper with publish dates: 09/03/07 ❑ Certifieds to property owners: ❑ City Council Action: ❑ Approve ❑ ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: September 25, 2007 August 31, 2007 and 09/17/07 08/31 /07 -------------- Deny Resolutlons: Qiglnal Res/ Copy Cert Ainutabook Copy Res/Copy Cerr city clerk City Engineer City Planner Cly Altomey Sterling Cottliam Project Flle Deputy Clerk Copy Res / On o, nal Cert. Ada County (CPAs) Applicant(non-CPAs) R—rtleC Ord"" Original: Mlnutebopk Copies to: City Clerk State T. Comm stare Treasurer, A.ud tor. AIr Starting Cocifiers Ciygttomey Dity Engineer Ciy Planner Pro;actfile Applicant (I( appl.) Deputy aerie F1nc1nys / Orclers: Cnpinal. Minutebook Copiesto: App6caM Project file City Planner Ciy Attorney Deputy Clerk •' Rxord Vac,Uon Finangs •• RecorEatl Development Fpreements: C iginal:Fireproor File Copies to. Applicant Project file clty Enp�neer Pl City anner cityAnomey Depuy clerk 1 'ur crrY of and, n � TRANSMITTALS • < TO AGENCIES FOR COMMENTS IDAHO l DEVELOPMENT PROJECTS WITH THE CITY OF F�eR MERIDIAN */TRFASURE SINCE To insure that your comments and recommendations will be considered b 1 MAYOR y the Meridian City Council please submit your Tammy de Weerd comments and recommendations to Meridian City Hall CITY COUNCIL MEMBERS Attn: Will Berg, City Clerk, by: September 18. 2007 Keith Bird Joseph W. Borton Transmittal Date: August 31, 2007 File No.: VAC 07-011 Charles M. Rountree Hearing Date: September 25, 2007 David Zaremba Request: Public Hearing - Vacation of the 10 foot public utility easement platted on Lots 1-12 of the Queenland Acres Subdivision for CITY DEPARTMENTS Queenland Acres City Attorney/HR 703 Main Street By: James Prather 898-550(City Attorney) 898-5503 (HR) Location of Property or Project: SEC of S. Stoddard and W. Overland Road Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Steve Siddoway (no FP) Meridian School District (No FP) Parks & Recreation 11 W. Bower Street David Moe (no FP) Meridian Post Office(FP/PP only) Wendy Newton-Huckabay (No FP) 888-3579 / fax 898-5501 Ada County Highway District Michael Rohm (No FP) PlanningTom Ada County Development Services O'Brien (No FP) Central District Health 660 E. Watertower Lane Suite 202 Tammy de Wd, Ma eerMayor Nampa Meridian Irrig. District Charlie Rountree, C/C 884-5533 / fax 888-6854 Settlers Irrig. District Joe Borton, C/C Idaho Power Co. Police (FP,PP,cUP) Keith Bird, C/C Qwest (FP/PP only) 1401 E. Watertower Lane 888-6678 / fax 846-7366 David Zaremba C/C Intermountain Gas (FP/PP only) Water Department Bureau of Reclamation (FP/PP only) Sewer Department Public Works 660 Idaho Transportation Dept. (No FP) Sanitary Services(No VAR, VAC, FP) E. Watertower Lane Suite 200 Building Department /Rich Greene Ada County Ass. Land Records Downtown Projects: 898-5500 / fax 898-9551 Fire Department Meridian Development Corp. Police Department - Building Historical Preservation Comm. City Attorney 660 E. Watertower Lane Suite 150 City Engineer 887-2211 / fax 887-1297 South of RR / SW Meridian: City Planner NW Pipeline - Wastewater 3401 N. Ten Mile Road Parks Department New York Irrigation District Economic Dev. (CUP only) 888-2191/fax 884-0744 Boise-Kuna Irrigation District Your Concise Remarks: - Water 2235 N.W.8th Street 888-5242 / fax 884-1159 CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper type of Review Requested (check all that ❑ 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 XVacation (Council) Variance ❑ Other Information Applicantname: James Prather Planning Department CONMISSION & COUNCIL REVIEW APPLICATION STAFF USE ONLY: File number(s): MC -07- 0 (( Project name: QuQ,,,S16 / is 1l >.1 t,I Date filed: S -Z Y -o7 Date complete: Z7-0 7 Assigned Plann i, C14StPA� Related files: Hearing date: C ,Z5-y07n CommissionRccouncil Applicant address: P.O. Box 1087, Meridian, ID Applicant's interest in property: Lfbwn ❑ Rent -Optioned ❑ Other As_noted above and Owner name: ` -, *• - --- - Owner address: ------------- Agent name (e.g., architect, engineer, developer, representative): Firmname: Mason & Stanfield, Inc. Address: 314 Badiola St., Caldwell, Primary contact is: 0 Applicant ❑ Owner >M Agent ❑ Other Contact name: Rita Earl E-mail: rearl@msenq. us Information Location/street address: Phone: 921 -0222 Zip: 83680 Phone: —� Zip: -- Scott Stanfield OR Rita Earl Phone: 454-0256 ID Zip: 83605 Phone: 454-0256 Fax: 454-0979 Ji� corner S. Stoddard Rd. & 72880, 72880000 Assessor's parcel number(s): W Overland Rd. Township, range, section: 3N, 1 W, S24 10, 7288000020, 7288000030,* Current land use: Total acreage: 1 0. 9 5 3 Current zoning * 7288000040, 7288000050, 728800 06017 district: 00007p----- CG 7288000090, 7288000010, 72880000110 , 7288000080, 660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642 Phone: (208) 884-5533 . Facsimile: (208) 1 end888-6854 . Website: www—�iancity ore Project/subdivisionname: Queenland Acres Subdivision General description of proposed project/request: Vacate utility easements On Lots 1 — 12 (inclusive) Proposed zoning district(s): N / A Acres of each zone proposed: N / A Type of use proposed (check all that apply): ❑ Residential ❑ Commercial ❑ Office ❑ IndusMal ❑ Other NIA Amenities provided with this development (if applicable): N / A Who will own & maintain the pressurized irrigation system in this development? N/A Which irrigation district does this property lie within? Nampa —Meridian Irrigation Dist. Primary irrigation source: N/A 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) N/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 Pro N/A Number of building lots: —---. Other lots: Gross floor area proposed: Hours of operation (days and hours): Existing (if applicable): Percentage of site/project devoted to the following: Building height: Landscaping: Building: Total number of employees: Paving: Number and ages of students/children (if applicM imum number of employees at any one time: Total number of parking spaces provided: Seating capacity: _ Number of compact spaces provided: Authorization Print applicant name: JAM] P TH Applicant signature: �,.. n 660 E. *atertower Lane, Suite 202 . Date: Phone: 0) 884-5533 • Facsimile: (208) 888-6854 Meridian. Idaho 83642 — f Wbsite: www.meridiancity.org 2 NARRATIVE RE: Request to Vacate Easements Queenland Acres Subdivision APPLICANT: James Prather Request: As previously discussed with staff, applicant is requesting to vacate the ten (101) foot utility easements as shown on the record plat for Queenland Acres Subdivision recorded at Book 28, Pages 1747 and 1748 of Plats, Ada County Recorder's Office as Instrument No. 824678 (see accompanying plat of Queenland Acres Subdivision): • Lots 1 through 12, inclusive. Reason for Request: The above noted lots have not been developed or built upon. Applicant has requested the annexation of the above referenced property into the City of Meridian with the intent of developing the property with approximately five (5) commercial lots utilizing property boundary adjustments to create the appropriate size lots. Said lots will include any required easements. Affected parties: Applicant is currently the owner of Lots within the Queenland Acres Subdivision. It is not anticipated that the requested vacation will affect any other property owner(s) in the immediate vicinity. Q 1 Q a I � til - S'X/TH �,� 4 ® �I e as iO--- 291752' p--� I � 0 IQ 4 O R ~I a wl ti i r � � � t � T 0 W IV ti ■c��■ James Pra th rere W Overland Road 8 S Meridian Road -AoB NO MY1207 Pro%sslonal Engineers, Owc NO. VMAP Mason - Land Surveyors 8 Planners scAL 1 •_ Soo, tan ie%1 3,aeaddas � � 0 "v I ��/cYA4J 454-0256 Fax (ci18/ 4540 FIELD BOOK NO MISHELLE SINGLETON - SKMBT_C25nn7071209590.pdf up I 6 tag C �e o LO/60/LO Hr 31YOAB NM YaO s<so-csr- (ac�l �� ss�oasa (sal P(( , oN H00a 073U s�ses0/11aMAlaJ'lsWIPES ale 038 'OOS=" "311 as s�auueld 9 sjoA&Ajng pue7 1 O S e dVWA 'ON OMO 'siaau/6u3 /eu0/asaLo3d vv LOZLAUN *ON em' P&OM uelPNaW S 7 PBOkf PuelJOAO M aayJead SGLU&r F4 i ff ri Hearing Date: September 25, 2007 File No: VAC-07-011 Project Name: Queenland Acres Request: Vacation of the 10' public utility easement platted on Lots 1-12, of the Queenland Acres Subdivision, by James Prather Location: Southeast Corner of S. Stoddard Rd. and W. Overland Rd., in the NW %4, NE %4 of Section 24, Township 3 North, Range 1 West, B.M. IN( RECE "rET) AUG 31 2007 City OC1Mk p e City Jul. 10. 2007 11:23AM No.8272 P. 1 otes Date: 7 - 10 - p� Project/SubdivisionName: __queen tan d Applicant/Contact: K -t R ej r 1 City Staff: ma" i- Location: Sc dda�d Pvf can Existing Zoning: t�1 Proposed Zoning: Contiguous and Within AOI (AZ only): Property Size; - Number of Units and/oz Lots: Surrounding Uses: Dwelling Type (Ifresidential): Comprehensive Plan Designation(s): Street Buffers and/or Land Use Buffers: Open Space/Amenities/Pathways: Street System/Stub Streets/Access: Sewer and Water Service: Topography/Hydrology/Floodplain Issues: Canals/Ditches/Irrigation and/or Hazards: History: Additional Meeting Notes: ern.on.'r1 lo',,,.,;d Other Agencies/Departments to Contact (circle): Ada. County Highway District Nampa and Meridian lrngatlon Parks Department Idaho Transportation De partment Settlers Irrigation Public Works Department Sanitary Services Corporation Fire Department Building Department Central District Health Police Department Other: Applications Required (circle all that appj�r); Accessory Use Alternative Compliance. Design Review Annexation Final Plat Modification Certificate of Zoning Compliance Comp N1lisc_ (DA Modification) Planned Unit Development Plan Map Amendment Comp Plan. Text Amendment Preliminary Plat Conditional Use Permit Private Street Rezone Additional Pre-A,ppliCation 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 gold a neighborhood meeting, in accordance with UDC 11-SA-SC, prior to submittal of an application requiring a public hearing Z) Except forUDC Teat Amendments, Comprehensive Plan Teat dance w Amendments and Vacation applications, all other applications requiring a public Leaning shall be posted in accordance with IIDC Za_SA-S D. 3) The it�#ormation provided during this meeting is based on current City Code and Comprehensive Plan, Any subsequent changes to City Code and/or the Comprehensive Plan may affect your submittal and/or application. This pre -application meeting shall be valid for 6 months. 08-08-2007 10:20 2082880656 PAGE2 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. %-� gent signature Date nIGHBORHOOD MEETING For your review please see the above aerial photo's and site plans • Site plan and aerial photo showing the entire site 22.5+/- acres and legal descriptions • A request for all 22.5 +/- to be rezoned to CG • A request for all 22.5+/- to be annex into the City of Meridian • At a future date — a request for all utilities around Queenland Acre subdivision (all residential homes) to be fully abandoned • Site plans showing different scenarios of how the site might be developed, along with building locations and pad sizes • An overall vicinity map showing subject site against surrounding neighborhood If you have any questions please fell free to ask. James Prather Prather Company Rita Earl From:. James Prather [pratherco@heritagewifi.com] Sent: Wednesday, August 22, 2007 1:43 PM To: Rita Earl AA Doc for rita earl, abandoment.... Hello Rita, Please find attached letter I had on hand as part of the exhibit during neighborhood meeting on April the 9, 2007. Please call if you have questions. James Prather No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.484 / Virus Database: 269.12.2/966 - Release Date: 8/22/2007 9:05 AM 1 a- t AOA COUNTY REMDER L DAVID NAYARRO AYOUNT 6.00 p Z BOISE B)AM OU131117 11:49 AN DEPUTY ft Allen RECORDED -REQUESTof III 111111111111111111111111111MIfit Tile One/87084481 Order No.: A0766105 WARRANTY DEED For Value Received, Ken J. Olguin and Jennifer A. Olguin, husband and wife, the Grantor, does hereby grant, bargain sell and convey unto, James A. Prather and Pamela S. Prather, husband and wife, whose current address is PO Box 1087, Meridian, Idaho 83680, the Grantee, the following described premises, in Ada County, Idaho, To Wit: Lot 12 of Queenland Acres Subdivision, according to the official plat thereof, filed in Book 28 of Plats at Page(s) 1747, official records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly patent reservations, easements, right(s) of way, protective covenants, zonmade subject and those made, suffered or done by the Grantee; and subject to all existing ing ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. 1 State of Idaho ) County of Ada ss: On this 13`h day of June, 2007, before me, the undersigned a Notary Public in and for said state personally appeared Ken J. Olguin and Jennifer A. Olguin, known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF I have set my hand and official seal on the date shown above. Notary Public — yG0'C DA,�� Commission Expires: SCOTT DARLING C •• E �p'T 's RESIDING: EAGLE, ID �•� COMMISSION EXPIRES: 11-28-07 pUeL�G = of 1a� o•�• 64� a ,-- ADA COUNTY RECORDER J. DAVID NAVARRO AWUKr 9.00_ 3 6015E IDAHO 02114107 02:27 PM RECMDEDREOUEST Of III Itl1111111111a111111111)Illq Iq Recionding Requested By and Pioneer 107021748 When Recorded Return to: JAMES A. PRATHER PAMELA S. PRATHER 2595 S. Linder Meridian, ID 83642 SPACE ABOVE THIS rue RECORDER'S USE ONLY SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED this "Deed" ), made of the 2nd day of January, 2007, is between PIONEER EXCHANGE ACCOMMODATION TTTI.EHOLDER #84, LLC, an Idaho limited liability Pay, as to an undivided 28.15% interest ("Grantor"}, and JAMES A. PRATHER AND PAMELA S. PRATHER, HUSBAND AND WIFE ("Grantee"), whose legal address is: 2595 S. Linda, Meridian, ID 93642. WIT'NESSETH, That Grantor, for and in consideration of One Dollar and No/100 ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confum, unto Grantee, its successors and assigns forever, al -I the real property, together with improvements, located in the County of Ada, State of Idaho, more particularly described as follows: See legal description described on Erb" "A" attacbed hereto TOGETHER with all and singular the her�edharnents and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of in and to the above bargained premises, with the hem&tamen appurtenances, and with all of Grantor's interest,rights of way and reservoirs and if any, in and to any and all minerals, water, ditches, wells, drains, and all water, ditch, well, reservoir and drainage rights which are appurtenant to, located on, now or hereafter acquired under or above or used in connection with the property (collectively, the "Property"). TO HAVE AND TO HOLD the said premises above bargained and descrbed with aPP�nces, unto Grantee, its successors and assigns foreverthe . Grantor, for itself, and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and that at the time of the ensealing and delivery of these presents, assigns, Grantor is well seized of the conveyed, has good, sure, perfect, absolute and mdcfeasible estate of ' penises above has good right, full power and lawful a WmdW ce, m law, in fee simple, and form as of u o to �°� bargain, sell and convey the same in manner and aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, as of January 27t6, 2006. 1-11e Grantor shall and will WARRANT AND FOREVER DEFEND the abovc-bargained premises in the quiet and Peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof BY, THROUGH OR UNDER Grantor. ** Special Warranty Deed Recorded in Conjunction with Special Warranty Deed Recorded on January 3, 2007 as Instrument No. 107001074 above. IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the date set forth PIONEER EXCHANGE ACCOMMODATION TITLEHOLDER #84, LLC, an Idaho limited liability company By: Pioneer 1031 Company, Member By: / Ass' ant ary STATE OF IDAHO ) COUNTY OF ADA ) ss. The foregoing instrument was acknowledged before me this 14th day of February, 2007, by Alicia Reinhard, as Assistant Secretary of Pioneer 1031 Company, an Idaho corporation, Member of Pioneer Exchange Accommodation Titleholder #84, LLC, an Idaho limited liability company. WITNESS my hand and official seal. My commission expires: 2 N��aAt—l�o%.,�� Notary Public ••.••••p,R OTAR r • v, lUg LAC ��. yeti••••• EXHIBIT Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and i 1 of Quecnland Acres Subdivision, according to the official plat thereof, filed in Book 28 of Plats at Pagc(s) 1747, Official Records of Ada County, Idaho, EXCEPTING THEREFROM: Right -of -Way Description A parcel of land located in the Northwest 1/4 of the Northeast 1/4 of Section 24, e Township 3 North, Range 1 West, Boise Meridian, said parcel being a portion of that t Warranty Deed, filed as instrument number 106013790, and said parcel also being a Portion of that Record of Survey No. 5452, Official Records of Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the NW1/4 of the NEl/4 (E 1/16 corner) i of Scctsirm 24, s: id pon;: ly:ng.S 89046'15" E, 1309.42 feet from the northwest turner of the NW1/4 of the NE114 (N 1/4 comer) of said Section 24, thence S 0°44'43" W, 40.00 feet along said east boundary of the NW1/4 of the NE1/4 to a point on the south right -of - W ay of West Overland Road, said point being the POINT OF BEGINNING. Thence S 0044'43'1 W, 8.00 feet along said east boundary of The NW1/4 of the NE 1/4 to a point; Thence N 89°46'45" W, I I51.38.feet parallel to said north boundary of the NW 1/4 of the NE1/4 to a point on the West boundary of said Record of Survey; Thence N 0°13'15" E, 8.00 feet along said west boundary to the northwesterly comer of said Record of Survey; Thence S $9046'45" E, 1151.45 feet along the north boundary of said Record of Survey to the Real Point of Beginning. Said described parcel contains 9,211 square feet or 0.21 acres. Said parcel is subject to easements of record or in use. This Description was prepared by the ACHD survey section using Deeds of record and Record of Survey No. 5452, Records of Ada County, Idaho, 5291 0 MH4anr!5'P . Recording Requested By and When Recorded Return to: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9.00 3 JAMES A. PRATI BOISE IDAHO 01/03/07 09:28 AM PAMELA S. PRATHER DEPUTY Bonnie ffig RECORDED -REQUEST OF 2595 S. Linder James A. Prather 107001074 Meridian, ID 83642 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY SPECIAL WARRANTY DEED . THIS SPECIAL WARRANTY DEED (this "Deed"), made as of the 2nd day of January, 2007, is between PIONEER EXCHANGE ACCOMMODATION TITLEHOLDER #84, LLC, an Idaho limited liability company, as to an undivided 28.15% interest ("Grantor"), and JAMES A. PRATHER AND PAMELA S. PRATHER, HUSBAND AND WIFE ("Grantee"), whose legal address is: 2595 S. Linder, Meridian, ID 83642. WITNESSE71L That Grantor, for and in consideration of One Dollar and No/100 ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, all the real property, together with improvements, located in the County of Ada, State of Idaho, more particularly described as follows: See legal description described on Exhibit "A" attached hereto EXCEPTING THEREFROM: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 11 of Queenland Acres Subdivision, according to the official plat thereof, filed in Book 28 of Plats at Page(s) 1747, Official Records of Ada County, Idaho. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law i equity, or of in and to the above bargained premises, with the hereditaments, easements, rights of way and appurtenances, and with all of Grantor's interest, if any, in and to any and all minerals, water, ditches, wells, reservoirs and drains, and all water, ditch, well, reservoir and drainage rights which are appurtenant to, located on, now or hereafter acquired under or above or used in connection with the property (collectively, the "Property"). TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the enscaling and delivery of these presents, Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, as of January 27a', 2006. above. IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the date set forth PIONEER EXCHANGE ACCOMMODATION TITLEHOLDER #84, LLC, an Idaho limited liability company By: Pioneer 1031 Company, Member By: STATE OF IDAHO ) I ) COUNTY OF ADA ss. ) The foregoing instrument was acknowledged before me this 2nd day of January, 2007, by Mary J. Allen, as Assistant Secretary of Pioneer 1031 Company, an Idaho corporation, Member of pioneer Exchange Accommodation Titleholder #84, LLC, an Idaho limited Iiability company. WITNESS my hand and official seal. My commission expires: l (� Notary Public (NOTARIAL SEAL) �9oy�sYeKd_fff'•��eir'• `a GF•'° •° � ae C , doTAjj e • �vG�° s f��`gT8 0F Ip�Q+,• PAkCELA A parcel of laud being the North 7S3.5 feet of tho Northwest gaartor of the Northeast quarter of Section Township 3 NOYtit; R ge3 Walt; BoiseMekidian, Meridian, Ada. County, Idaho en t_Lots 10 and 12 of Qtteenland Acres Subdivision, acoordipg to the plat thexeofffied tau Book 28 of Plats at Page 1747, record% ofAda County, Idaho, more particularly described as follows; COAuencing at the Northeast corner of Section 24, Township 3 North, Range 1 West, Boise Meridian, thence North 89°4645" West 1309A2 feet along the North line of the Nortltoast quarter of said section to the Fast 1/16 Comex, thence t South 00044143" West 40.00 feet along the East line of the Northwest quarter ofthe Northeast quuter of said section t to a Pohl t on the Nodkiscripti6d; thence rtherly right-of-way of West Overland Road, the REAL POINT Ole BEGINNING of this l South 000644,43" West 713K51 feet along said East line to a point; thence North 89046145" West 128599 feet to a point on the Fmtexly rim -of --way of South Stoddard Road; thence North 00051'53" East 164.97 feet along said Easterly rigl of -way to a point; thence South 89046145" Bast 139.22 fleet along the South litre of Let 12 extended, of Queenhad Acres Subdivision, as rctorded is Book 28 of Plats, Page 1747, at the Ada County Recorders Office, Ada Courtly, Idaho, to the Southeast corner of said Lot 12; thence North 00°13'15" East 200.00 feet along the Fast line of Lot 12 to the Northeast comer of said Lot 12; thence North 89°46'45" West 131.97 feet along the North line of Lot 12 to the Northwest comer of said Lot 12, bn said Easterly right-of-way; thence Now 00051'53" Fast 155.19 feet along said Easterly right-of-way to the Southwest comer of said Lot 10; thence South 89046'45" East 130,23 feet along the South line of Lot 10 to the southeast comer of stud Lot 10; thence North 0091311511 Bast 193AS feet along the East lime ofLot 10 to a point on said Southerly right-of-tvay; thence South 89046,4511 East 1151 AS feet along said Southerly right-of-way and along the North line of said subdivision to the REAL POINT OF BEGINNING of this detcription, AND PARCELB Lots 1, 2,3,4,5,6,7,8,9 and 11 of Queenland. Acres Subdivision, accotding to the plat thereof filed in Book 28 of Plats at Page 1747, records of Ada county, Idaho. _ . _. ADA COUNTY RECORDER DAVID NA4'ARRO AMOUNT 5.00 BOISE IDAHO 38/01/07 04:33 PM RECORD Bonnie RECORDED—REQUESTUEST OFF 1 I i I Title One 107109050 Order No.: A0764 345 .5q is n WARRANTY DEED For Value Received, William H. Meyet, a married man as his sole & separate property, the Grantor, does hereby grant, bargain sell and convey unto, James A. Prather and Pamela S. Prather. husband and wife, whose current address is 707 E. United Heritage Ct., Ste 150, Meridian, Idaho 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: Lot 10 ofQUEENLAND ACRES SUBDIVISIOIN, according to the official plat thereof, filed in Book 28 of Plats at Pages 1747 and 1748, official records of Ada County, Idaho. EXCEPTING THEREFROM: A parcel of land conveyed to Ada County Highway District by Warranty Deed recorded January 5, 2007 as Instrument No. 107002205. records of Ada County, Idaho, located in the Northwest Quarter of the Northeast Quarter of Section 24. Township 3 North, Range 1 West, Boise Meridian, said parcel also being a portion of Lot 10 of Queenland Acres Subdivision filed in Book 28 of Plats at Pages 1747 and 1748, Official Records of Ada County, Idaho, being more particularly described as follows: Commencing at the :Northwest comer of Lot 10 of said Queenland Acres Subdivision. said point being the REAL POINT OF BEGNNING; thence South 89'47'17" East, 128.02 feet (formerly East, 128.02') along the North boundary of said Lot 10 to the Northeast corner of said Lot 10; thence South 0°12'43" West, 8.00 feet (formerly South) along the East boundary of said Lot 10 to a point; thence North 89'47'17" West. 106.41 feet along a line parallel to and measuring 8.00 feet at right angles to the North boundary of said Lot 10 to a point; thence South 475033" West, 29.68 feet to a point on the West boundary of said Lot 10; thence North 0°51'23" East, 28.00 feet (formerly North 0°38'30" East) along said West boundary to the REAL POINT OF BEGINNING TO HAVE .AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its hnt heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are --ree from all encumbrances rXCF.PT those to which this conveyance is expressiv `./ made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: 2007 William H. Meyet Lois Meyet State of Idaho } ss: County of Ada ) On this :31 -day of , 2007, before me, the undersigned a Notary Public in and for said state personally appe d William H. Meyet and Lois Meyet, known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN ' ESS WHEREOF I have set my hand and official seal on the date shown above. Notary Public �s��..,...,,,•• Commission Expires: .•��p'gN Er,>, •. 0 1 Dawn Etzsl OT •!fir F*akkq: Eoe, ID s i �•� Ca►xnieWm E*M: WWI i ti aU a 0 •'•.,TF O F I'D PARTIAL EASEMENT VACATION Intermountain Gas Company relinquishes any and all of their rights to the following described easement. \ INTERMOUNTAIN GAS COMPANY Bv�!2 r Name: Title. � r 2 11 . STATE OF IDAHO ) COUNTY OF ADA ) On this 'k 3 day of..,\ , in the year of ��, before me, the undersigned, personally appeared M o_rk V a.,,S\ k e , known to me to be the person whose name is subscribed to the within instrument, who, being by me first duly sworn, did depose and say that he is (,e.T qitI - - - - of Intermountain Gas Company and the he executed the foregoing instrument on behalf of said firm for the use and purposes stated therein. IN WITNESS WHEREOF, I have se my hand and affixed my official seal the day and year in this certificate first above written. -U L E,S �; • •.tee '•. . c * Nor -1'P .:c0 Notary Public for Idaho -A Ue L i C * Residing at: o �• ,�•''•� " - w; �- ; Commission Expires: p:2 i `Z � ;208 388 6927 August 8, 2007 Mason Stanfield Attn: Ms. Rita Earl 314 Badiola Street Caldwell, ID 83605 AUG 14 2007 MASON & STANFIELD, INC. 5 � � ' Pat a ® An IDACORP Company Re: Letter of Intent - Queenland Acres Subdivision — Generally located NW /4NE 4 T3N, R1 W, City of Meridian, Ada County, Idaho Section 24, Dear Ms. Earl: I have been in contact with several people regarding the above -mentioned subdivision and Mr. James Prather. It is my understanding your client has purchased all of those lots withinyour client, Acres Subdivision. As you know, Idaho Power Company Queenland or man service into all of those houses built within the Queenland Acres subdivi ony years provided electrical I understand from Mr. Prather there are preliminary plans for the Queenland Acre site tha t may include a Lowes store as well as other possible stores. I further understand that your client has met times with II'C's Distribution Designer, Scott Pienough specific information about nkston to discuss the Possible this proposed commercial development. Since IPC does not have electrical load needs at several the proposed new commercial development and because IPC has electrical service into statements below are general and may or may not affect the new construction at the above -mentioned nt the site. entioned 1. IPC can not disconnect service to existing customers except under certain circumstan as line relocation (for a limited time) or non-payment of account, etc. ces, such 2. IPC does not want to hinder this possible new commercial development. IPC anti working with your client, as well as the professionals at Mason Stanfield. cipates 3. All work performed by IPC to provide new service or relocate existing service will be performed in accordance with filed tariff s, specifically Rule "H", which o facilities service attachments and distribution line in, and alterations affecting this proposed commercial site. governs s new 4. IPC is also aware that Ada County Highway District (ACHD) has indicated P P sed public corridor on Overland Roadwa ed a need for wider way of Overland Road. As the result the wider corridor, IPC facilities n within the public rights of lines. Those overhead lines are the closest facilities to this site and are necessary Provide any electrical service into this pro osed commercialy eed to relocate its overhead 5. IPC or IPC's subcontractors will make an effort to oord Hate line project. in order to along with Mason Stanfield to provide temporary service into this Proposed with both ACHD development. P commercial Eileen Vanderpool 208-388-2699 - Direct Line 208-388-6927 - Fax P•0. Box 70 (83707) 1221 W. idaha St. Boise, ID 83702 ;208 388 6927 `oo, 6. Only IPC or its' contractors may remove and/or relocate all or portion of IPC's electrical facilities regardless if those facilities are located within the public corridor and/or on the Proposed commercial development site. 7. If necessary, IPC may expect or ask Mason Stanfield or any other firm representing the property owner to provide Mr. Pinkston with specific work products. The expenses for those work products are borne by your client. S. If IPC elects not to remove its existing overhead line on this proposed site, then IPC will expect your firm (or any other professional entity) that the property owner hires now or in the future to provide an Exhibit legal description for any portion of that line that remains in place. The Exhibit for any distribution line that IPC may need to retain is to be 10-ft wide corridor b whatever the length of that line. That Exhibit must bear the engineer's seat and signature.y 9. IPC expects every property owner to sign its easements without alternation. Any other type o easements must have prior approval by IPC's legal representative. f 10. If IPC places any combination of overhead, underground or above -ground pad -mounted devices to accommodate the proposed commercial development, then perhaps IPC may need an easement from the property owner. IPC expects your firm (or any other professional entity) that the property owner hires now or in the future to provide an Exhibit legal description for any portion of that distribution line that is put into place to accommodate this commercial development. The Exhibit needs to be a 10-ft wide corridor by whatever the length of that line. That Exhibit must bear the engineer's seal and signature. 11. However, if the property owner elects to record a plat. Then IPC requires that plat to provide a utility corridor cover IPC's entire backbone facilities into that commercial development site. m 12. As those future entities commit to build upon this commercial site, then IPC expects the property owner to provide IPC an easement from those backbone facilities into each store regardless if pad site for the new store is leased and/or the new store building is owned by within this commercial development. IPC does require easement(s) from property owner different entity. Please continue to work with Mr. Pinkston regarding any electrical devices into this proposed commercial development. Please contact me if there are any questions regarding the easement issues. es. J Cc: J. Prather, Prather Co. S• Watters, City of Meridian L. Den Hartog, ACHD S. Pinkston, IPC C. Mills, IPC Eileen Vanderpool 208-388-2699 - Direct Line 208-388-6927 - Fa c u Qwest. Spirit of Service- 3110 Commercial Way Caldwell, Idaho 83605 07/23/2007 MASON & STANFIELD INC. 314 BADIOLA ST. CALDWELL, IDAHO 83605 Attn: Rita Earl Re: Easement Vacation, Queenland Acres Subdivision To Whom It May Concern: Qwest Communications does not have any objection to the proposed vacation of the utility easements located on the side or rear lots of the above subdivision but would like to maintain the front lot easements along Overland, and Stoddard Rd. Feel free to contact me if you have any further questions. Thank You, Donald L. Idaho Right of Way Manager 3110 Commercial Way Caldwell, Idaho 83605 208-454-4038 STATE OF IDAHO COUNTY OF ADA ON THIS Z2- DAY OF �vL 2007, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE, PERSONALLY APPEARED DONALD L. BOTTOMS, WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME ON BEHALF OF THE SAID ORGANIZATION. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. a_ &K (-� 0" ""'•••�, NOTARY PUBLIC FOR IDAHO ,•',�� G. DA Vjs •'•.,•0•. MY COMMISSION EXPIRES: / GI Zo / 3 "Na SO�,G •. RESIDING 0 IN:_Gfi�G�GvEGG, / pudgy _ ,1'pA TB 0� ; ..i 20 July 2007 Rita Earl Mason & Stanfield, Inc. 314 Badiola St. Caldwell ID 83605 ,D EAEIVE Jt}L 2 A:41 MASON a srAnFiao, n+c. RE: Queenland Acres Subdivision/SE Corner of Overland & McDermott Roads Dear Ms. Earl: Nampa & Meridian Irrigation District has no facilities located within the proposed Queenland Acres Subdivision aka James A. Prather property. The facilities that do go through this property I believe is the Rawson Lateral which is operated by Boise Project Board of Control. Please contact Tim Page, Asst. Manager for Boise Project - Board of Control, at 344-1141 or 2465 Overland Rd., Room 202, Boise, Idaho 83705-3173. Therefore since Nampa & Meridian Irrigation District owns nor operates any facilities within this area the District has no further comments or objections to this proposed project. Sincerely, John P. Anderson Water Superintendent Nampa & Meridian Irrigation District JPA/dbg C: Tim Page; Boise Project Board of Directors Secretary/Treasurer Asst. Water Superintendent File ..s CABL:ojvjE The ONE you count on July 25, 2007 Mason & Stanfield, Inc. 314 Badiola St. Caldwell, Idaho 83605 ATTN: Rita Earl 2 1 0 1 EAST KARCHER RD. NAMPA, ID 83687 PH: 2080455 • 5579 FAx:208045505556 RE: Relinquishment of existing easement for Queenland Acres Subdivision. Dear Rita, This letter is in response to a request from you to vacate the existing easement in the Queenland Acres Subdivision. Cable ONE has no objections to the vacating of the easement, as stated above, in the Queenland Acres Subdivision to include Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12. Should you have any further questions please call me at 455-5553. Sincerely, %.vuau u%.uvii 11%. . Cable ONE 20 July 2007 Rita Earl Mason & Stanfield, Inc. 314 Badiola St. Caldwell ID 83605 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Queenland Acres Subdivision/SE Corner of Overland & McDermott Roads Dear Ms. Earl: Nampa & Meridian Irrigation District has no facilities located within the proposed Queenland Acres Subdivision aka James A. Prather property. The facilities that do go through this property I believe is the Rawson Lateral which is operated by Boise Project Board of Control. Please contact Tim Page, Asst. Manager for Boise Project - Board of Control, at 344-1141 or 2465 Overland Rd., Room 202, Boise, Idaho 83705-3173. Therefore since Nampa & Meridian Irrigation District owns nor operates any facilities within this area the District has no further comments or objections to this proposed project. Sincerely, John P. Anderson Water Superintendent Nampa & Meridian Irrigation District JPA/dbg D C E E C: Tim Page; Boise Project Board of Directors Secretary/Treasurer J U L ' 2 Asst. Water Superintendent File NIASCfN`& S;MfELD, INC. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 t � p,, CITY OF C�/w �YlGi�1G>=-YI� IDAHO TneAsune Vtu1EY SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR Mailing Address: 33 E. Idaho Avenue Street Address: 703 N.Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 888-6854 Planning 660 E. Watertower Street Suite 202 884-5533 / fax 888-6854 Police 1401 E. Watertower Street 888-6678 / fax 846-7366 Public Works 660 E. Watertower Street Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Street Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N. W. 8th Street 888-5242 / fax 884-1159 August 28, 2007 Rita Earl Mason & Stanfield, Inc. 314 Badiola Street Caldwell, Idaho 83605 Re: Queenland Acres (VAC-07-011) .-0-1 This letter is to inform you that the City of Meridian's City Council hearing date for the above -mentioned application is scheduled for September 25, 2007. If you have any questions please feel free to contact our office at 884-5533. The hearing will be held at: City of Meridian 33 E. Idaho Street City Council Chambers at 7:00 P.M Sincerely, Barbara Shiffer Administrative Assistant Planning Department CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888- 4218 FINANCE & UTILITY BILLING — FAX 887- 4813 MAYOR'S OFFICE — FAX 884-8119