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HomeMy WebLinkAboutCrossfield Subdivision FP BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PACKARD ESTATES DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 102 SINGLE-FAMILY BUILDING LOTS AND 23 COMMON LOTS ON 25.34 ACRES IN AN R-8 ZONE LOCATED AT 955 WEST USTICK ROAD IN A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 AND THE SE ~ OF THE NW ~ OF T., 3N., R.IW., SECTION 1 C/C January 24,2006 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-05-080 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on January 24, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 24, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CROSSFIELD SUBDIVISION NO.1 LOCATED IN A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 AND THE SE ~ OF THE NW ~ OF T. 3N., R. lW., SECTION 1, BOISE MERIDIAN, ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO.1 / (FP-O5-080) Page 1 of 4 MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 12/22/05, SHEET 1 OF 3, ENGINEERING SOLUTIONS, LLP", PACKARD ESTATES DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 24, 2006, listing 22 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 3 pages, and by this reference incorporated herein, and the response letter from Nampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "c" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their January 24,2006 meeting as follows, to-wit: 1.1 Adopt the action of the Council taken at their January 24, 2006 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, number 2 and 12, such they read now read as follows: CONDITIONS OF APPROVAL ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO.1 / (FP-O5-080) Page 2 of 4 2. It appears to staffthat a portion oflots in Block 10 fall within an FEMA classified AE floodplain. The applicant's engineer/surveyor shall submit a signed stamped document that states no lots are encumbered by the floodplain, or denote the floodplain OR the plat and refer to it in a plat note reference in a plat note the FEMA flood plain map. The applicant may also revise the plat to remove those lots that are in the floodplain. 12. To increase ømørgeRlry' access to the site, a minimum of Ì\vo points of access '.",ill be required for any portion of the project, which serves more tflaa 50 homes. The two entrances should be sØfJarated by no loss than ~~ tho diag8flal meaSlifemØflt øfthe full de\'elopæeflt. A secondary permanent access shall be provided with the next final plat phase. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. 2. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67 -8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO.1 / (FP-O5-080) Page 3 of 4 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the d4 ~ day of .Jilt lU (l h J ,2006. BY~ \\\,;. :;11111'1 Tammy de eerd ,\\ "", ~'I ,.'",,~~,:, ' ~::~-,.". ~or, ityofMeridian Attest. ..' -)";' f-V'.' " ~ . ¡' '("'" ~,'1 '"~() '\ Þ--Þ~ ç( '" 8!AL~ \ WllhamG.Berg,Jr.,CIty lerk \~.t)'Gt~-:'r:\ "".0..- '/ '9 ,. J -- - .'. ..;.~ . C?py served upon Applicant, the Planníflgll~~~~~H;iiìg ~~patlment, Public Works Department, and CIty Attorney. ""., 'J By: j!L\Aiì\Àh UJ\L èt y Clerk's Office ~ Dated:~O-o lp ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO.1 / (FP-O5-080) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEP ARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: January 24, 2006 Transmittal Date: January 20, 2006 ~~;d¡iJ!4 \ " . IU..'HO ¡t} ~.. 1/" . r' ../". " ~~ - .~"!". . .~.; -'-'!~.I'_"""!.",, ..."..~- . Iti TO: Mayor & City Council Sonya Watters, Assistant City Planner ~ Michael Cole, Development Services Coordinator (V\ L FROM: SUBJECT: Crossfield Subdivision No.1 Request for Final Plat Approval of Crossfield Subdivision No.1 Consisting of 102 Single.family Residential Building Lots (Including 1 Existing Home Lot) and 24 Common/other Lots on 2S.34 Acres in an R-8 Zone by Packard Estates Development, LLC (File# FP-O5-080) We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Packard Estates Development, LLC, has applied for final plat approval of 102 single- family residential building lots (including 1 existing single-family residential lot) and 24 common/other lots on 2S.34 acres in an R-8 zone. Eight of the proposed building lots will house singl.e-family attached dwellings, and 94 of the proposed building lots will house single.family detached dwellings. The gross density for this subdivision is 4.03 dwelling units per acre. The net density is 6.4S dwelling units per acre. The applicant states that the lot that contains the existing home on Ustick Road (Lot 1, Block 4) may be developed as a daycare in the future through a separate conditional use permit. This was also disclosed by the applicant with the previous conditional use penn it and preliminary plat application submittals. Crossfield Subdivision is located in a portion of Government Lot 3 and a portion of the SE 'l4 ofthe NW 'l4 of section 1, Township 3 North, Range 1 West, Boise Meridian. The site is located on the south side of Ustick road approximately 1/2 mile east of Linder Road. The site has not been previously platted. The final plat has changed from what was approved with the preliminary plat. The Council allowed the W. Southern Pine Drive stub street to the property to the east to be removed. As a result, the alignment of W. Southern Pine Drive shifted slightly to the south. Two building lots have been added, one to Block 10 and one to Block 11. The applicant has submitted a conceptual drawing of how the remainder of the plat will lay out and two building lots have been removed in future phase 2 to comply with the total number of building lots approved with the preliminary plat. Common open space has also been reconfigured; however, the overall common area for the subdivision exceeds the amount originally approved. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Crossfield Subdivision No.1 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all tenus of the approved annexation (AZ-OS.OlS), conditional use permit (CUP-OS-022) and preliminary plat (PP-OS-017). Exhibit "A" FP-O5-080 Crossfield Subdivision No.1 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. It appears to staff that a portion of lots in Block 10 fall within an FEMA classified AE floodplain. The applicant's engineer/surveyor shall submit a signed stamped document that states no lots are encumbered by the floodplain, or denote the floodplain on the plat and refer to it in a plat note. The applicant may also revise the plat to remove those lots that are in the floodplain. 3. The applicant has not indicated who will own the pressurized iITigations system in this proposed development. If it is to be owned and operated by an lITigation District, then a license agreement shall be entered into prior to the scheduling of a pre-construction meeting. If it is to be a private system owned and maintained by the Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the final plat by the City Engineer. 4. The City of Meridian requires that pressurized iITigation systems be supplied by a year-round source of water. The applicant has indicated that the primary source will be Five-Mile Creek which is a year round source therefore a single-point connection is not required. If, in the future a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. If Lot 1, Block 4 is developed in the future as a daycare, a conditional use penuit will be required. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. 7. Sanitary sewer service to this site is being proposed from stubs in Ustick Road. The applicant shall install mains to and through this proposed development. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 8. Remove the portion of Lot 14, Block 1 that is being proposed as a sanitary sewer easement and include it in a separate common lot. 9. Water service to this site will be from main line extensions from water mains in Ustick Road. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonDS of easements, for any mains that are required to provide service. 10. Remove all buildings that do not meet setbacks or the zoning ordinance prior to signature on the final plat by the City Engineer. 11. Revise the 30- foot wide U stick Road landscape street buffer easement shown on Lot 1, Block 4 to be a 30-foot wide common lot. Reference this new common lot in plat note #8. 12. To increase emergency access to the site, a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than Y2 the diagonal measurement of the full development. Exhibit "A" FP-O5~O80 Crossfield Subdivision No.1 FP.doc PAGE 2 20. 21. 22. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 13. The submitted construction plans do not include a grading and drainage plan as required in PP- 05wO17 site specific requirement number 7. Prior to plan approval the applicant shall submit a grading and drainage plan that complies with the preliminary plat requirements. 14. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 15. All irrigation ditches, laterals or canals, exclusive of natural waterways and the Creason Lateral, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12~4-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 16. Graphically depict a 5-foot wide public utilities, drainage and irrigation easement on the east property line of Lot 7, Block 11. It will be an interior lot line to a future phase. 17. It appears to staff that the bearing ofrecord for Meridian Park Subdivision No.1 does not match what is shown on the plat. Please include bearings of record. 18. The sum of the lot dimensions along the western boundary of this development does not equal the adjacent boundary. Please confinn this and make any necessary adjustments. 19. The landscape plan, prepared by Harvest Design and dated 12/20/05, shall be revised as follows: a. A 10-foot wide gravel shoulder is required along W. U stick Road, east of N. Blainnore Way with the remaining portion of the right-of-way landscaped with lawn or other ACHD approved groundcover. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on thefmal plat by the City Engineer Revise or add the following note(s) on the face of the plat dated 12/22/05, prepared by Engineering Solutions, LLP, prior to signature on the final plat by the City Engineer: (1.) Revise to "...and lot drainage over the tØfl (10) fourteen and a half (14 ~) feet adjacent to..." The extra width is needed to ensure a 10-foot free and clear easement. Add Lot 6, Block 11 as a common lot. The lot and block references are incorrect. They should be Lot 1, Block 8; Lot 6, Block 11; and Lot 11, Block 10. ". . . is prohibited lilliess agreeEi to iB ',vritiBg by :\Eia Cel:lnty HigffivR1. Distriøt and the City of Meridian. (8.) (10.) (11.) Complete the Certificate of Owners and accompanying acknowledgement. Staff's failure to cite specific ordinance provisions or tenus of the approved annexation, preliminary plat, or conditional use pennit does not relieve the Applicant of responsibility for compliance. Exhibit "A" FP-O5-080 Crossfield Subdivision No.1 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT GENERAL REQUIREMENTS 1. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the [mal plat. 3. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Cotps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior to commencing installations. Exhibit "A" FP-O5-080 Crossfield Subdivision No. ] FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF RECOMMENDATION Staff recommends approval of the final plat for Crossfield Subdivision No.1 with the above stated comments and conditions. Exhibit "A" FP-O5-080 Crossfield Subdivision No.1 FP.doc PAGE 5 EŠ~l'¡~~!s~ 150 Eas( Aikens Street. Sui Ie B Eagle. ID 83616 Phone: (208) 938-0980 Fax: (208) 938-09-1-1 E-mail: es-beckym(d'qwesl. net January 23, 2006 Mayor and City Counci] City of Meridian 33 East Idaho Avenue Meridian, 10 83642 Re: Crossfield Subdivision No. I Final Plat File No. FP~O5-080 Dear Mayor and Council: We have reviewed the staff comments prepared for the Meridian City Council meeting of January 24, 2006, and have the following responses: SITE SPECIFIC REQUIREMENTS 1. The applicant will comply. 2. It is the applicant's intent to go through the Letter of Map Revision-Based on Fill (LOMR-F) process for those lots impacted by the floodplain. The impacted lots will be physicaIly filIed and the surveyor will certifY the new elevation for submittal to the Federal Emergency Management Agency (FEMA). LOMR approval will be submitted prior to submittal of building plans for those lots impacted by the floodplain. 3- Nampa & Meridian Irrigation District (NMID) wilI own and operate the pressurized irrigation system.; requests for a license agreement and urban irrigation contract have been submitted to NMID. 4. The applicant wiIJ comply. 5- Noted. 6- The applicant will comply. 7. The applicant will comply. C:\Do,lIm.llts ami Scltill¡;:s'all.lls.Loçal Scnings',Tcll\l"'ral")' hn.me! Filcs\OLK601 'R~csRcsr>Ollse.doc Exhibit "If' Mayor and City Council January 23, 2005 Page 2 8. The applicant will comply and adjust Lots 14 and 15, Block 1, to have IS-foot tfontages and a shared driveway- 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant proposes to utilize the sanitary sewer easement area currently shown on Lot 14, Block 1, as a temporary emergency access until Phase 2 is constructed. 13. The applicant will comply. The preliminary grading and drainage plan is complete and waiting for ACHD street plan approval so we can confirm the street grades. 14. The applicant will comply. 15. The applicant will comply. Please revise reference to "Settlers" to read "Nampa & Meridian." l6. The applicant will comply. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant will comply. 20. The applicant will revise the notes as requested. 21. The applicant will comply. 22. Noted. GENERAL REQUIREMENTS 1. The applicant wiH comply 2. The applicant will comply. 3. The applicant will comply- 4- The applicant will comply. 5. The applicant will comply. C:\ :>OC\lm<nl' 'IUd SCtlillg,"all~n"Local S~11ings"T<mporary hll<rncl Filcs'..oLK('( ] ,;RC\"R~"p,) "c-d,," Exhibit "13" Mayor and City Council January 23, 2005 Page 3 6. The applicant will comply. 7. The applicant will comply. 8 The applicant will comply. 9. The applicant will comply, 10 The applicant will comply I]. The applicant will comply- 12. The applicant will comply. We would appreciate your favorable consideration of our request. Thank you- Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. R Craig Groves C:'Ðocum~n\s alld Scllin!.\".11\~11"-L"':al S.:lIings'T"mporary Im.:rn.:1 Fik,'-OU;'601 ',R.:"sR",pOI\"",do.: bhihil "J " -.- . . . . . ~ FEB 01 '06 10:15 FR CITY OF MERIDIAN 2088884218 TO P-AND-Z P. 01/02 ~ & ~ ~ Z'i4Ørå.t 1503 FIRST STREET SOlßH "WMA.IDAHO B36S1-439S FAX , 208-.463-009'.2 17 ]anuaIY 2006 P1amûng Depanment City of Meridian ,----- ._,.--.66O-E..-.W~ÇT_Lane..s.i.Jite 2.02,-- ---"-._,, '. -- ---- - .. - , MeridUm. ill 83642 Pho,,~; ~ code 208 omCE; Numpa 466-7861 SHOP; NP"'f'" 466-0663 -.,-" .". " - ---""""n ., , - -. J. :":..~- ~/--..: --ì,~;:: "-. BE: FP OH80/Croufieid Subdivision No.1 - . =:",.. -. ,"'; ~-~n::.,.-<,;-",:,- , - , Dear Anna: A Nampa & Meridian Irrigation District rcqulRlI that a Land Use Change Application be filed, for TCYÍew, prior to final platting. Pleaso Cout8Ct Donna MoOR! at 466.7861 for further information. Atllatera1s and waste ways mWlt be protœtaL The Districrs Ctœaon LatCIaI wurses through this proposed project. Tbis euement must be protected and aDY eneroacbDent without a signed Li~1I1 Aereemeat lod approved plaD, before any CODltrvc:tioD iB started, III unacceptable. ALL WORK WITHIN NAMPA & MERIDIAN IRRIGATION DISTIUCT FACILITIES MOST BE COMPLETJID BY MARCH 15, lDOfi. [f you have any :fUrther questioolt please feel be to give me a call SiDcerely, .-'(j;/II~~' . , Bill HGDðOIl As&l Waœr Superintendent Nampa .. Meridian hrigation District BHlclbg c: OR/ Fomnan FlIe p Office/Shop - , " ..' . - ,,' APfIIOXIMATE IRRIGULE ACRES Exhibit "C" FEB 01 '06 10:15 FR CITY OF MERIDIAN 2088884218 TO P-AND-Z P.02/02 ~&~~~ '503 fiRST STREEr 5OJTH NAMPA, DAHO 83651.4395 FAX " 208-463.0092 20 January 2006 ~ ÂIfJo Coda 208 OFFICE: Nc:.npa d66-7'B61 SHOP: ~ 466-0663 --~~- Becky McKay Engineering Solutions, lLP 150 E. Aikens Street. Suite B Eagle, ID 83616 RE; Dear Ms. McKsy: Endosød please find a Land Use Change Application for your use to file with the Irrigation District tor its review on the above-referenced development. If this development is under a "rush' to be flnøl2ed, I would recommend that you submit a CMhier'1I che~ money ordar or cash as payment of the fees In order to speed the process up. If you submit a company or personal c:heck, It must clear the bank before processing the application. Should this development be planning 8 pressure urban irrigation '>'Starn that Will be owned. operated and maintained by thQ Irrigation District, I strongly urge you to coordinate wiIh John P. Anderson, Water Superintendent for 1ha Irrigation Discrtct. concerning the Installation of the pressure system. Enclosed Is a questionnaire that you must fill out and return in order to initiete the process of contractual agreements between the owner or developer and the IrTfgatlon Disbict for the ownership, operation and maintenance of the pressure urban intJation system. If )Ou have any questlans concerning this matter, pie... feel free to call on me at tho Dlllrlct', offiCe. or John P. AndarIon. lit tho Diltrtct's ehop. Slnærely, ¡Q~ 71. /rJ~ Oonnø N- Moore, Asst. Seaetarylrreasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNMfsmc cc: File Water Suporf ntendent Meridian CitY Planning Department R. Craig Groves, Padœrd Estates Development, ltC, 6223 N. Discovery Way, Suite 120, Boise, ID 83713 enc. NI'IOXMA'TE IItGA8lE ACRES Exhibit "C" ** TOTAL PAGE.02 **