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t CITY CLERK FILE CHECKLIST Project Name: Sundial Subdivision Contact Name: John Bilderback Date Received from Planning and Zoning Department: Planning and Zoning Level: 0 Transmittals to agencies and others: Notice to newspaper with publish dates: ❑ Certifieds -to property owners: File No. Phone: FP 07-022 884-6588 Hearing Date: N/A and July 5, 2007 ❑ Planning and Zoning Commission Recommendation: ❑ Approve 0 Deny Notes: City Council Level: 0 Transmittals to agencies and others: 0 Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: Hearing Date: August 14, 2007 July 9, 2007 N/A and N/A N/A Approve ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signedby 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: u ❑ Deny R... 1A. u: Cripinal Res/Copy Celt. Minulebook Copy Res / CopY Cert Ciy Clerk C City Engineer iy Planner Ciy Attorney Sterling Cod n Protect File Deputy Clerk Copy Res/ Onginal Ce AOa Co / (CPAs) Applicanl(no CPM) R—rWtl Ordnancaa C ginel Minulebook Copies0 Ciy Clerk Slale Tax Camm. slate Treesdar. AuONr. Assesapr 9larling Codfi— C"Ata ey Ciy Engineer Ciy Planner P,.J.t file Applicant (if appl.) Dewy clerk Findngc / Ortlem: C�ginal. Minulebook Copies M'. Applicant Project file Ciy Engineer City Planner Ciry A.,ney Depuy Clerk Racortl Vac,6on Flndn n, •• Rar:ordrtl Development Apra. —la: Original.Fireproof File copies 0 Applicant Protect fie Cl ly Enpneer Ciy Planner Ciy Attorney Depuy clerk s y V CI FY OF TRANSMITTALS TO AGENCIES FOR COMMENTS O IDAHO EVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN �c F eR l'6TREASUREVl" E To insure that your comments and recommendations will be considered by SINCE MAYOR the Meridian City Council please submit your ITammy de Weerd comments and recommendations to Meridian City Hall CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 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 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane 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 Attn: Will Berg, City Clerk, by: August 7, 2007 Transmittal Date: July 9, 2007 File No.: FP 07-022 Hearing Date: August 14, 2007 Request: Final Plat approval for 28 single-family building lots and 4 common lots on 10.57 acres in an R-4 zone for Sundial Subdivision By: Gemstar Properties Location of Property or Project: west of N. Linder Road and south of W. Ustick Road Steve Siddoway (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 only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 CITY CLERIC - FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 �208) 8 3 MAYOR'S OFFICE -FAX 884-8119-8119 Printed on recycled paper uatHt� O s Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment STA=QN�Y,, ❑ Comprehensive Plan Text Amendment File n— �� 2 ❑ Conditional Use Permit ❑ Conditional Use Pen -nit Modification final Plat Final Plat Modification [ Project name: L3 4iiiG❑ ❑ Planned Unit Development Date filed: t mplete: ❑ Preliminary Plat ❑ Rezone _ Assigned Planner: l ❑ Time Extension (Commission or Council) Related files: .Q — -Q ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance Hearing date:' O ❑ Commission Council ❑ Other IX Applicant name: J l ►aiv Applicant address: 114Q O Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned Other Owner name: Owner address: T� , _ ;e .. v 1 „ 1% _ n ,. Agent name (e.g. architect, en ineer developer, rep esent�e): Firm name: Address: (l Rl. Primary Contact E-mail: Subject Property Information Location/street address: Assessor's parcel number(s): _,, Phone: i-ip: ?-Xo�a Phone:\ ` " ) OSa Zi tA Phone: aZ O - -1 O Zip: Phone: Fax: CM Township, range, section: N l�`� c�� ^ � 5 Total acreage: _ i l) � `1 Current land use: Current zoning district: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www_ Mgrj4 ancity ore 1 Project/subdivision name: ect/request: Proposed zoning district(s):—g Acres of each zone proposed: L Q. S-7 ,4�j Type of use proposed (check all that apply): 'Residential ❑ Commercial ❑ Office ❑ Industrial Other Amenities provided with this development (if applicable): 4- Who will own &maintain the pressurized irrigation sysAt in this development? Which irrigation district d this property lie within? Ivl�p^ q Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): _ Residential Proiect Summnry [if •...,u... m-N Number of residential units: _ c� Number of common and/or other lots: Number of building 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): 03 Average property size (s.f. Gross density (DU/acre-total land): _ 1 Net density (DU/acre-excluding roads & alleys):'*'Is Percentage of open space provided: � ( p ds Acreage of open space: 0� 74 k'N-S Percentage of useable open space: WA o ee Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Bpi kM)9If, Type of dwelling(s) proposed: W4.10 ingle-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Number of building lots:_ Gross floor area proposed: Other lots: Existing (if applicable): Hours Of operation (days and hours): Building height: Percentage Of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Seating capacity: _ Number of compact spaces provided: Authorization Print applicant Applicant sy n; r Lane, utte 202 • Date: -a� ( ' (208) 8 33 Meridian, Idaho 83642 acsimt e: (2pg) 888.6854 • Website: www.meridiancity.org 2 of CC A�/) Fb i,N—NITV Susan Wildwood, Chartered Attorney -At -Law May 30, 2007 City of Meridian Planning and Zoning Commission and Director 660 East Watertower Lane, Ste 202 Meridian, ID 83642 Post Office Box 6502 Boise, Idaho 83707 Office: (208) 383-0390 Fax: (208) 343-3756 RE: Application by Gemstar Development, LLC for Approval of an Application to for Approval of a Preliminary Plat for Ten and fifty-seven hundredths (10.57) Acres, Located in Section 2 T2N, R1W, Boise Meridian, City of Meridian, Idaho Dear Commissioners and Director, I, and Stanley Consultants, Inc., are the representatives for Gemstar Development, LLC (hereinafter Gemstar), which is the contract purchaser of the above referenced real property (hereinafter Property). As noted above the Property that is the subject of these applications consists of approximately ten and fifty-seven hundredths (10.57) acres. This letter is written on behalf of Gemstar as its Narrative supporting its request for approval of the above -referenced application and is submitted with the application, checklist, various exhibits as well as fees in the sum of Two Thousand One Hundred Fifty Dollars ($2,150) per the Meridian Development Application Review Fee schedule effective 9/15/05. Ownership: The property is owned by The John L. Ernest and Annabeth C. Ernest Trust, Gary L. Ernest, Virginia J. Ross and Kathy Kisler. The land was transferred into their ownership by Personal Representative Deed, a copy of which is attached as Exhibit 1 together with their Affidavits of Legal Interest. Description and Location of Property The property is an unimproved parcel located west of Linder Road and South of Ustick Road. It is essentially an infill parcel that is surrounded by other subdivisions. Please see the part of the annexation for the Turtle Creek Subdivision, but was not platted vicinity map attached as Exhibit 2. The property was annexed into the City of Meridian as because of an existing lease for the cellular tower in the center of the property. At the time of annexation, the property was zoned to R-4. Proposed Development The lease for the cellular tower will terminate not later than 2014 based on an automatic renewal provision in the original lease. The lot on which the tower is located cannot be platted as a second phase because of timing requirements under the City ordinances. Because of these site and ordinance constraints, it is not possible to develop the entire pal application. parcel with this May 30, 2007 Page 2 Instead, Gemstar proposes to develop the outer perimeter lots that can be developed with the center platted as a single lot until the termination of the cell tower lease. Please see Exhibit 3. Phase 1 will consist of thirty (30) residential lots, three (3) common area lots and Lot 23, the large undeveloped Lot on which the cellular tower is located. Utilities will be stubbed into Lot 23 in preparation for development of that Lot as Phase 2, discussed below. Prior to the expiration of the lease, Gemstar, or its successors, will apply to replat the center lot, which is shown as Lot 23, Block 2 on the proposed preliminary plat to complete the entire development. In order for the City to have a vision of the project at full build out, we have developed a proposed layout for Phase 2, Lot 23, Block 2 on the proposed plat. Please see Exhibit 4. ILI Open Space and Gemstar has calculated the gross and net density with the peculiarities of Lot 23 in mind. Lot 23 is approximately one hundred twenty thousand nine hundred twelve (120,912) square feet or two and seventy-seven hundredths (2.77) acres. Inclusion or exclusion results in the following densities: Net Density — excluding Lot 23 3.85 dwellings per acre Gross Density — including Lot 23 2.84 dwellings per acre Common Areas — excluding Lot 23 0.54 acres or 5% of Phase 1 The Common Areas are Lots 4 and 9 of Block 1 and Lot 8 of Block 2. All three Lots are full tree and turf landscape on each Lot, the following additional amenities are pilandscaped as illustrated on the Landscape Plan Map attached as Exhibit 5. In addition to the anned: Lot 4: Picnic area with concrete pad including barbecue area and covered shade structure with open walls Lot 9: Combination multi -use sand lot area sized for sand lot volleyball including permanent poles and removable net that can also be used for dual horse shoe pits Lot 8, Block 2 will be planted with turf and trees as illustrated on the Landscape Plan an will provide access into Lot 23. As illustrated on Exhibit 4, when Lot 23 is developed, Lot 8 provide access into the future open -space area planned for Phase 2. will Lot Sizes The proposed lot sizes and range are as follows. All of the following exclude Lot 23: Smallest: 5,103 (Lot 2, Block 1) Largest: 13,701 (Lot 6, Block 1) Average: 8,370 May 30, 2007 Page 3 The ranges are as follows: 5,000 — 5,999 6,000 — 6,999 7,000 — 7,999 8,000 — 8,999 9,000 — 9,999 10,000—10,999 11,000—11,999 12,000—12,999 13,000—13,999 Block 1: Lots 1, 2 Block 2: Lots 16 and 22 Block 1: Lots None Block 2: Lots 17 and 20 Block 1: Lot 11 Block 2: Lots 1, 3, 9,11 and 19 Block 1: Lot 3 Block 2: Lots 4, 5, 6, 7,10,12,15 and 18 Block 1: Lot 10 Block 2: Lot 13 Block 1: None Block 2: Lots 2 and 21 Block 1: Lots 5, 8 Block 2: None Block 1: None Block 2: Lot 14 Block 1: Lots 6, 7 Block 2: None Although the total number of lots in Phase 2 will be smaller, Gemstar projects the same lot range distribution for that phase. Proposed Zoning: The property is currently zoned R-4. As noted on the proposed preliminary plat, the proposed zoning is R-8. As noted above, the lot sizes are above the minimum required for the R-4 zone. The basis for the request for the R-8 zoning is that the cell tower site constraints result in larger lots, but smaller lot frontage widths. Please see the proposed plat. The proposed lot frontage widths comply with the R-8 zoning. Sewer and Water The project would be served by City of Meridian sewer and water. The proposed layout is illustrated both on the Preliminary Plat as well as the conceptual engineering plans that are submitted herewith. Roads and Access The project would be served by connecting to existing stub streets at either end of the proposed public road that transverses Phase 1 in a circular pattern. The actual street names may be different within the project as required by the City of Meridian. The connecting stub roads are Fieldstream Drive and Whitelaw Drive. The proposed roads are paved public roads, constructed to the City of Meridian public works and subdivision standards with attached sidewalks. Because these are local roads, no special landscaping is required along the roadway and is not shown on the Landscape Plan other than the common area lots. Although it appears that the actual block length exceeds current standards, Lot 8, Block 2 does provide a break in the block length as a common area access in to Lot 23 to be developed as part of Phase 1 with access into the subsequently developed Lot 23 in Phase 2. The block length from Whitelaw to Lot 8 is five hundred twenty-eight (528) feet and fromDrive, it is five hundred and ninety-six (596) feet. This was been reviewed with staff Field rioro t submission of this application. p to May 30, 2007 Page 4 Neighborhood Meeting• A neighborhood meeting was held on October 3, 2006. The Notice, proposed lot layout vicinity map, signup sheet/Certification, and mailing labels are attached as Exhibit 6. Conclusion: Gemstar Development respectfully requests that you approve this application for preliminary plat for the Sundial Subdivision. Very truly yours, true Wi Susan Wildwood cc: Client(s); file FIELDSTONE MEADOWS SUBDIVISION NO.3 UNPLA4' z R, Z,m 0 N X j, �•\ // \ \� \ \GAG/''' !il�d � II r A SUNDIAL ESTATES O 7-1 - DRAINAGE AREA MAP 1 1 1 A 0 11942 Stanley Consultants INC. s" 140 1 ' Stanley G,�c"p., Ph (208) 288-8573 E,90-mg, En*.t, F- (208) 288-8574 and Con,hct,w S,_ - Worldwide Ul tb Z 0 IF m �� -ez N W W N.5wm o a �LLE �s� Q W ul 'om H s� o n o 1° m >c�C', /C Z 0 ` Z��nism LU Co N C V7Z�a.04I--• CD -a vW Q� �� R No u7 N m 1 •h I j' C w0 (..• c,Lr/ rC',. '� u � �_ y �iP Sd( � ¢ 1 � _ ____ � i r FF Rr r Y I VV Z6 ' 1 .. n , 1 I i • it IkI314 i 1 n� A377✓A CL .. r • •r ° • I 1 • I i �� • Ot f J N T �• °b H U560 . 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Y t2-TZ <6 O wS^ o Z Q 2u2ia_ S F _ O i�u vucw..0 cZwi „' W W W W W W_ W W W_ W v wa mw i "' N m FT �nm _W _W L. _W W W 2 tx-����<-`�F`F-��F`t`-F`1-`� Q 1 � N OHVG1'NV1G183n NV'1d 3dVOSONVI lVld3Hd NOISIAIcians-WIGNns quip LLJ g LLI LL, 0 Cf) CO z C) U, 0 ui 6 10 cr 6 el wz LU - z LLJ w< < r amp ash ox a- Lr) Y? A- �R Z LU W LU CC I of D 0 I cr w P z 0 Q Si r IJ- NE 111 0 �4 ot' CL z CL Ir tjj LLJ Lu 0 Pag, CL (05 LLJ CO -l13SM - -- - - LOLL-L 13S M31A38 Nb'IQI83W Wd 8dVOSONViV�dA�ld i see R a NOISInIa8ns IVIONns a R Q eZ S �r7Om�f `./ Hearing Date: August �, 2007 File No.: FP-07-022 Project Name: Sundial Subdivision Request: Final Plat approval for 28 single-family building lots and 4 common lots on 10.57 acres in an R-4 zone by Gemstar Properties. Location: West of N. Linder Road and South of W. Ustick in the SW ' 4 of NE'/o of T. 3N., R. 1 W., Section 2. Ca P4 DESCRIPTION FOR SUNDIAL SUBDIVISION APRIL 19, 2007 A PARCEL OF LAND BEING A PORTION OF SW 1/4 OF THE NE 1/4 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/ 4 (NORTH 1/ 4 CORNER) OF SECTION 2, T.3N., RAW., B.M., THENCE S 00015'25" W 1367.80 FEET TO THE NORTHWEST CORNER OF THE SW 1/ 4 OF THE NE 1/ 4 OF SAID SECTION 2, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89017'46" E, 706.74 FEET ALONG THE NORTH LINE OF SAID SW 1/ 4 OF THE NE 1/ 4 TO THE NORTHWEST CORNER OF TURTLE CREEK SUBDIVISION NO.3; ALONG THE BOUNDARIES OF TURTLE CREEK SUBDIVISION NO.3 AND NO.2 THE FOLLOWING: THENCE S 00020'16" E, 105.16 FEET TO A POINT; THENCE S 89°17'39" E, 55.66 FEET TO A POINT; THENCE S 03020'08" E, 50.15 FEET TO A POINT; THENCE S 00042'24" W, 66.71 FEET TO A POINT; THENCE S 60040'50" W, 81.15 FEET TO A POINT; THENCE S 39015" 5" E, 110.00 FEET TO A POINT; THENCE S 50044'45" W, 36.34 FEET TO A POINT ON A CURVE; THENCE 17.45 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 20.00 FEET TANGENT OF 9.32 FEET, AND A CHORD EBEAR BEARING S 75044 36" W01LTA ANGLE OF 6 0 FEET TO A POINT OF REVERSE CURVATURE; 6.9 THENCE 150.91 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 172°56'06", A Q:119708105-Srv101-Doc0ND 1.doc TANGENT OF 809.95 FEET, AND A CHORD BEARING S 07°09'55" W 99.81 FEET TO A POINT ON A CURVE; THENCE S 03015'15" E, 122.91 FEET TO A POINT; THENCE S 50044'45" W, 43.66 FEET TO A POINT; THENCE N 39017'14" W, 71.87 FEET TO A POINT; THENCE S 50044'45" W, 105.00 FEET TO A POINT; THENCE N 39015'15" W, 115.68 FEET TO A POINT; THENCE S 50044'45" W, 50.00 FEET TO A POINT; THENCE S 39015'15" E, 12.24 FEET TO A POINT; THENCE S 05044'45" W, 20.00 FEET TO A POINT; THENCE S 50044'45" W, 105.98 FEET TO A POINT; THENCE N 39015'15" W, 110.00 FEET TO A POINT; THENCE S 50044'45" W, 28.21 FEET TO A POINT; THENCE S 13035'36" W, 70.97 FEET TO A POINT; THENCE N 89050'17" W, 155.00 FEET TO A POINT; THENCE S 00015'25" W, 12.33 FEET TO A POINT; THENCE N 89°12'32" W, 105.00 FEET TO A POINT ON THE WEST LINE OF SAID SW 1/4 OF THE NE 1/4; LEAVING THE BOUNDARIES OF TURTLE CREEK SUBDIVISION N0.3 AND N0.2: THENCE N 00°15'25" E, 694.15 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, SAID PARCEL CONTAINING 10., MORE 58 ACRES OR LESS. E MICHAEL E. MARKS, PLS NO. 4998 Q:\19708\05-Srv1oj-Doc\BNDl-doc = ADA COUNTY RECORDER J. DAVID NAVARRO PioneerTitleto 1 DEPUTY Y Oal i4128/O6 04:34 PM AMOUiPr gr,pp 3 RECORDED— Da1AEQUESi OF ��� IIIIIIIIIIiNIIIIll�f ��ItIIIII�I�� G 0 1 N G a E Y 0 N 0 Pioneer 1062010ig 8151 W: Rifleman Ave. /Boise Idaho 83704 / (208) 377-2700 ��"� U� i ' �� (� L " , �' WARRANTY DEED �' . • ' . • � � • For Value Received ,. . Annebeth C. Ernest; Tivstee ofThe,Jtihn L.Frne9fand Annab'eth.C,. Ernest Revocable Living Trust established on the I l a' day of Iune'• 1992,, as to an undivided q interest and Gary L. Ernest, a married man dealing with his separate pioperfy.as.to aa'undidded Ilfis .interest and Virginia I. Ross and Earl RayRoss, .Wife and Husband, as to an undivided 116i° interest and Kathy Kisler, an unnamed property as to an undivided 1161° interest hereinafter referred to as Grantor, does hereby grant, bargain, sell; warrant and convey.unto GemstarProperties,L:L:C: •...' ,". hereinafter referred to as Grantee, whose current address is 739 S: Bridgeway place; Ste.' 1b0, Eagle; ID, 83616-6096 the following described premises, to -wit: SEE EXHIBIT A ATTACHED HERETO AND MADE APART HEREOF.. .. To HAVE AND TO HOLD the said premises, with their aP]?eaances nnlo the said Gientee; his heirs' and assigns forever. And the -said Grantor does hereby covenant td and with the said Grentec; tea his heirs is the owner in fee simple of said premises; that said premises are #i ee from all; eadumbrances except current Years taxes, levies, and assessments, and except U.S. Patent.reservations;restrictions, easements of record, and casements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: December 18, 2006 Jolm L. and Annabeth C, .Ernest Revocable Living Trust, established on the l l th day of June,.1992 dnnabeth C. Ernest, Trustee ! Ra is er .. Gary mast Vaguua I Ross See attached aclmowledgements ACIWOWLEDGMENT-Individual STATE OF _WaShrnA-,L6n �-� County of %� �. ,Yt _C••)-n� , ss. On this o2 i i 4' day of ec �p December in the year of 2006 before me The Undersigned , a notary public, personally appeared Gary L- Ernest known or identified tome to be the person whose name is to the within iq�irtUfrtid"fpo cknowledged to me that he executed the same. �., �yslwpa4v 3 �f7 otr,'ary Public: �,( esidingat: ®® %A5c�CommissionExpires: 0- O subscribed A UA)vu vVLEL)(9M,ENW'=-fndividual STATE OF Z,C-jQ County of 42 ss. On this _0 7 day of in the year of 2o06 before me Me Ib3rlprqi personally appeared a notary public, known or identified tome to be the person whose name r to the within `�10� aged to me that a he subscribed executed the same. ary Public: iding at: )mission Expires: 1n - 36 'V nc.tuvV VYLEllGMEN//T .Individual nn,, STATE OF _IA)eL., 6tiM.t�c County of �l Lit • ,� �,�Z-n., 1 ----�-'-_ , ss. On this day of December in the year of 2006 — _.__ , before me The IIndersigaed personally appeared Vir imia J. Ross •� 'a notary public, A..�l D 4 .� known or identified to me to be the person P whnsr.namn s ' to the within instrument, and acknowledged to me that t he subscribed .�_ executed the same. NotaryPublic: IA�tlgO;p pResiding at: pyi jCommission Expires: 40 - 3 0 - O Qt ACKNOWLEDGMENT - Fiduciary/Official STATE OF_ ynrL , County of „tiL. I s, On this.��day of December ,in the year of 2006 before me personally appeared g mabeth C. Ernest ,a notary public known or id�tifip�too�r�e to be the Person whose name is subscribed to the and acknowledged to me that she y within instrument as u a �,, �, executed the _ same as such Notary public: �^a %� Residing at: POE My Commission Expires: `�ep;,,U,uououronnu-�° ' uioea EXHIBIT A •' ` Apazcel of land being a portion of the SW % of the NE'/< of Section 2, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, County ofAda;.State of Idaho, being more particularly as follows: BEGINNING at a found 518" iron pin monumenting the center`of North 1116 comer of said . . Section 2, the REAL p0� OF BEGINNING, from e can the '/, of said sections bears North '00°15'35" East 1368.30 feet; T Thence along the proposed exterior boundary the following courses: South 89*1 T36" East 706.76 feet, Thence South 00°20' 16" East 105.02 feet; 'Thence South 89°1 T39" East 55.66 feet; Thence South 03/20/081, East 50.15 feet; Thence South 00142'24" West 66.71 feet; Thence South 60*401501, West 81.15 feet; Thence South 39°15' 15" East 110.00 feet; Thence South 50144'45" West 3 6.3 4 feet; Thence a a to feet along a curve to the feet, and long right, having a central angle of 49°59'42", a radius of 20:0U1:''' ng chord Dearing of South 75°44'36" West 16.90 feet; Thence 163.32 feet along a curve to the left, having a central angle of 187009'04", a radius of • ;. ' . 50.00 feet, and a long chord and bearing of South 07°09'55" West 99.81 feet; Thence South 03°15'15" East 122.91 feet; Thence South 50044'45" West 43.75 feet; Thence North 39°17' 14" West 71.81 feet; Thence South 50144'45" West 105.00 feet; Thence North 3901515" West 30.18 feet; Thence 166.49 feet along'a non -tangent curve to the left having a central eagle of 182°52'56";a- radius of 52.16 feet, and a long chord and bearing of North 89°29' 17" West 104.29 feet; Thence 18.04 feet along a curve to the right, having a central angle of 51 °40'30", a radius of 20.00 ." feet, and a long chord of and bearing of South 24°54'30" West.17.43 feet; Thence South 50°44'45" West 74.27 feet (formerly 71.55 feet); . Thence North 39°15'15" West I10.00 feet; Thence South 50°44'45" West 28.21 feet; ' Thence South 13°35'36" West 70.97 feet; Thence North 99050,17" West 155.00 feet; Thence South 00°15'25" West 12.33 feet; Thence North 89012'32" West 105.00 feet. Thence North 00°15'25"East 694.15 feet to the REAL pOj OFBEGINhIING, a ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.30 2 P I .O V BOISE Y HO Gall arrell6 04,34 PM l RECORDED —REQUEST OF 4 ` Pioneer 106201021 =:-tea` GOING BEYO.NG 8151 W. Rifleman Ave, / Boise, Idaho 83704 % (208) 377-2700 • :, Y •, QUITCLAIM DEED 270651 For Value Received. Anna b'e1i C. Ernest, an unmarried pEiSoh , �.r..• do hereby convey, release, remise and forever quit claim unto GemstarProperties, L.L.C:' whose address is pia, :IPA— the following described premises, to -wit: SEE EXHIBIT A ATTACH ED HERETO AND MADE A PART together with their appurtenances.~` Dated: December22, 2006 {" ' Annebeth C. Ernest ".i jr STATE OF �1[ h I- „� J County of f On this o9'7 day of December, in the year of 2006, before me The appeared Aunabeth C. Ernest known or identifiedUn"deraigned, notary public erso to me to be the person/pecsons to the within instrument, and acknowledged to me that he/she/they exewhose name is/are subscribed gdted the same. ��,m^noennnannocar, • . ,t�� �gG'�OQ do �q�o,�Qo •. .. 4 L�rlTl2 xotaryNblic'oof w NTH1�4 t:.EARLS . r' " C".O�.Dau. '. Residing at: _ FSh�. v7 y�Orl �r�e oSlit ^a.r� Comiziissidn expires: r qVW ;e Z. .. 4 • .. . A parcel of land being a portion of tho SW % of the NE % of Section 2 Township 3 North; Rengb 1 Wesi, Boise Meridian, City ofMeridian, County of Ada, State ofIdabo,beingmore,particularly described as follows: BEGINNING at a found 5/8" iron pin nionumenting the center ofNoith 1/16� corner of said'Section 2, the REAL POINT OF BEGINNING, from which the N % of said sections,besrs:North 00°]5'35"East 1368.30 feet; Thence along the proposed exterior boundary the following courses: South 89117136" East 706.76 feet; Thence South 00020' 16" East 105.02 feet; Thence South 89'17'39" East 55.66 feet; Thence South 03020'08" East 50.15 feet; Thence South 00°42'24" West 66.71 feet; ' Thence South 60040'50" West 81.15 feet; : a• Thence South 39°15'15" East 110:00 feet;; ' Thence South 50144'45" West 36.34 feet; Thence 17.45 feet along a curve to the right, having a central angle of V§" .42",'a radius of 20:06 fbet, and a long chord bearing of South 75°44'36" West 16.90 feet; Thence 163.32 feet along a curve to the left, having a central angle of 187°09.'04", a radius of.50.00 feet, . and along chord and bearing of South 07°09'55" West 99.81 feet; .. Thence South 03-15-15" East122.91 feet, Thence South 50°44'45" West 43.75 feet;' ? `••' Thence North 39°17'14" West 71.81 feet; . Thence South 50144'45" West 105.00 feet; Thence North 3995' 15" West 3 0. 18 feet; Thence 166;49 feet along a non -tangent curve to the left, having a central,ungle of 182°52'Sti",'a radius 0f 52.16 feet, and a long'chord and bearing of North 89029'17" West 104.29 feet; Thence 18.04 feet along a curve to the right, having a central angle'of 51 °40'30", a racliva of 20.00 feet, and a long chord of and bearing 0f South 24. 54'30" West 17.43 feet; Thence South 50044'45" West 74.27 feet (formerly 71.55 feet); Thence North 391151151, West 1'10.00 feet; ' Thence South 50°44'45" West 28.21 feet; Thence South 13°35'36" West 70.97 feet; Thence North 89'50'17" West 155.00 feet Thence South 00°15'25" West 12.33 feet;' Thence North 89'12'32" West 105,00 feet; Thence North 00°15'25" East 694.15 feet to the REAL POINT OF BEGINNING. RECORDATION REQUESTED BY: WASHINGTON TRUST BANK SOUTHERN IDAHO REGION BUILDER SERVICES (3570) 3251 E. PRESIDENTIAL DRIVE MERIDIAN, ID 83642-6009 WHEN RECORDED MAIL TO: WASHINGTON TRUST BANK SOUTHERN IDAHO REGION BUILDER SERVICES 135701 3251 E. PRESIDENTIAL DRIVE MERIDIAN, ID 83642.6009 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUN d0 7 BOISE IDAHO 12128106 04:34 Phi DEPUTY GallGarrellRECORDED -REQUES T III I'IIiII�Ilill�ll�ll�ll�ll�ll llllll OF 11 Pioneer 106201022 DEED OF TRUST THIS DEED OF TRUST is dated December 15, 2006, among Gemstar Properties, L.L.C., an Idaho Limited liability0, Eagle, ID 83616-6096 ("Grantor"); Company, whose address is 738 S. Bridgeway Place, Suite 10 WASHINGTON TRUST BANK, whose address is SOUTHERN IDAHO REGION BUILDER SERVICES (3570), 3251 E. PRESIDENTIAL DRIVE, MERIDIAN, ID 83642-6009 (referred to below sometimes as "Lander" and sometimes as "Beneficiary"); and Pioneer Title Co, of Ada County, whose address is 8151 W. Rifleman Avenue, Boise, ID 83704 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby Irrevocably grant, bargain, sell and convey in trust, with power of sale, to Trustee for the benefit of Lander as Baneftclary, all of Grantor's right, title, and Interest in and to the following described real property, together with el) existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the 'Real Property") located in Ada County, State of Idaho; See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. Thu Real Property or its address is commonly known as NA, 30 proposed lots to be known as Sundial Subdivision In Meridian, Ada County, Idaho, Meridian, ID. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus Interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unllquldated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Grantor's right, title, and interest In and to all present and future leasIs of the Property and all Rents from the Property, in addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and In a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: use, OPOFstG or mage the Possession and Use. Until the occurrence of an Event of DefaultGrantor may (1) remain in possession and control of the Property; (2) Property or to othernlimitationsronathe Propertylowing rty; and ( collect the , THE REAL PROPERTY EITHER IS NOT MORE s from the Property, The(THAN FprovisionsORTY (40)rAlate to the use ofCRES IN AREA OR11S LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE, Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including all and gas), coal, clay, scoria, soli, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any improvements, Lender may require Grantor to make arrangements satisfactory to Lander to replace such Improvements with Improvements of at least equal value, Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to Inspect the Real Property for Purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter In effect, Of all governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the Americans With Disabilities Act. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, 80 long as Grantor has notified Lender In writing prior to doing so and so long as, In Lender's sole opinion, Lender's interests in the Property are not Jeopardized. Lander may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE • CONSENT BY LENDER. Lander may, at Lender's option, declare immediately due and payable all sumsecured interest in the Real secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property , or Property. A "sale or transfer" means the conveyance Of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment safe contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, Or transfer of any beneficial interest in or to any land trust holding title to the Real Property, Or by any other method of conveyance of an Interest In the Real Property. If any Grantor Is a corporation, partnership or limited liability company, transfer also includes any change In ownership of more than twenty-five percent 125%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not DEED OF TRUST �— (Continued) Page 2 be exercised by Lender if such exercise is prohibited by federal law or by Idaho law, TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and In all events prior to delinquencyl all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided In this Deed of Trust, Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the Obligation to pay, so long as Lender's interest in the Property is not Jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen f15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend Itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment.Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lander at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials ere supplied to the Property, If any mechanic's Ilan, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lander advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE, The following provisions relating to Insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lander may request with Trustee and Lender being named as additional Insureds In such liability insurance policies. Additionally, Grantor shall maintain such other Insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lander, will deliver to Lender from time to time the policies or certificates of Insurance in form satisfactory to Lander, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired In any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, within 45 days after notice is given by Lender that the Property Is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior Ilene on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lander of any loss or damage to the Property. Lender may make proof of loss If Grantor falls to do so within fifteen (16) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lander. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not In default under this -Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Dead of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness, If Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's Interests may appear, Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration data of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES, If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor falls to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender an Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property, All such expenditures incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor, All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; at (2) the remaining term of ilia Note; or IC) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts, Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default, WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all (lens and encumbrances other than thoso sat forth in the Real Property description or 6n any title Insurance policy, lilia report, or flan I title opinion Issued In favor of, and accepted by, Lander in connection with this Dead of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Dead of Trust. Grantor shall defend the action at Grantor's expense. Grantor may be the nominal parry in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation. Compliance With Laws, Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Dead of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing In nature, and shall remain In full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation Is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by Lander from time to lime to Permit such participation, Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in Ileu of condemnation, Lender may at Its election require that all or any portion of the net proceeds of the award be applied to DEED OF TRUST (Continued) Page 3 the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following fees and charges are a part of this Deed of Trust:provisions relating to governmental taxes, Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents In addition to this Dead of Trust and take whatever other action Is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Daad of Trust, including without limitation all taxes, fees, documentary stamps,.and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed a Trust s upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax On this type Of Dead of Trust upona ll o against the Lender y the holder of the Note; and 141 a specific tax on all or any portion of the Indebtedness Or on payments of principal and interest made by Grantor. le Subsequent Taxes, If any tax to which this section applies Is enacted subsequent to the data of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (21 contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Dead of Trust: Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action Is requested by Lender to perfect and continue Lender's security interest In file Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expanses incurred in perfecting or continuing this security Interest. Upon default, Grantor shell not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Persona( Property not affixed to the Property In a manner and at a place reasonably convenient to Grantor and Lender and make It evellable to Lender wlthln three (3) days after receipt of written demand from Lender to the extent permitted by applicable law, Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security Interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney-in•fact are a part of this Dead of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, raffled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the (fens and security Interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor, Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred In connection with the matters referred to in this paragraph. Grantor and Attorneyln-Fact. If Grantor fails to do any of the things referred to In the preceding paragraph, Lender may do so for and in the name of antor hereby rrevocably appoints Lender as purpose of marking nexecuting, delivering, tor's expense. For sfiling, uch ureco recording, doing all (Other things as may be necessary orodesl able,enrLander'srsthe ole opinion, to accomplish the matters referred to in the preceding paragraph, FULL PERFORMANCE. if Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing for security Interest In the Rents and the Personal Prope reconveyance fee required by low shall be paid by Grantor, if permitted by applicable law. rty, Any EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Dead of Trust to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge Of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property, Default In ld agreement, For Favorof other agreement, Inufavorr of anydefault other creditorany orloan, person extension may materially affect agreement, Grantor's property or Grantor's ability to repay the Indebtedness or Purchase or sales Documents. Perform their respective obligations under this Deed of Trust or any of the Related False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization, This Deed of Trust or any of the Related Documents ceases to be In full farce and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue Is made), any member withdraws from the limited liability company, or any other termination of Grantor's existence as a going business or the death Of any member, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings, Commencement Of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor Of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there Is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or DEED OF TRUST (Continued) Page 4 disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs In Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is impaired. Insecurity. Lender in good faith believes Itself Insecure. Right to Curs. If any default, other than a default In payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve 112) months, it may be cured If Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within thirty (30) days; or (2) If the cure requires more than thirty (30) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues'and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Notice of Default. In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of Lender's election to cause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded In the office of the recorder of each county wherein the Real Property, or any part thereof, is situated. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise Its remedies. Accelerate Indebtedness. Lender shall have the right at Its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, Including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case In accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code, Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness, In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse Instruments received In payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver, Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount, Employment by Lender shall not disqualify a person from serving as a raceiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property Is sold as provided above or Lander otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided In this Deed of Trust or the Note or available at law or In equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other Intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least tan (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made In conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lander shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed, Trustee, without demand on Grantor, shall sell the property at the time and place fixed by It In the notice of sale at public auction to the highest bidder for cash In lawful money of the United Sta%s, payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or Implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys' fees, Including those In connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, not then repaid with Interest thereon as provided in this Deed of Trust; (b) all Indebtedness secured hereby; and ic) the remainder, If any, to the person or persons legally entitled thereto. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is Involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or rot there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join In preparing and filing a map or plat of the Real Property, Including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and Ic) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding In which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding Is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee, Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Ada County, State of Idaho. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument --DEED OF TRUST (Continued) Page 5 shall be executed and acknowledged by Lender or Its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the tide, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given In writing, and shall be effective when actually delivered, when actually received by telefacsimiie (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change Its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MAINTAINENCE OF CASUALTY INSURANCE. If Grantor at any time fails to obtain or maintain any insurance as required under this Deed of Trust or any Related Documents, Lender may (but shall not be obligated to) obtain such Insurance as Lender deems appropriate, including it Lender so chooses "single interest Insurance," which will cover only Lender's Interest In the Collateral. AFFIRMATIVE'COVENANTS. If the Property Is used for purposes other than Grantor's residence, Grantor covenants and warrants that as long as this Deed of Trust or any Related Documents remain in effect, Grantor will: Notice of Claims and Litigation. Promptly inform Lender In writing of (1) all material adverse changes In Grantor's or the Property's financial condition, and 12) all existing and all threatened litigation, claims, Investigations, administrative proceedings, or similar actions affecting Grantor or Property which could materially affect the financial condition of Grantor or the Property. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. Grantor understands and agrees that In extending Loan Advances, Lender is relying on all representations, warranties, and covenants made by Grantor in this Deed of Trust or in any certificate or other Instrument delivered by Grantor to Lender under this Deed of Trust or any Related Documents, Grantor further agrees that regardless of any investigation made by Lender, all such representations, warranties and covenants will survive the extension of Loan Advances and delivery to Lender of any Related Documents, shall be continuing In nature, shall be deemed made and roasted by Grantor at the time each Loan Advance Is made, and shall remain In full force and effect until such time as Grantor's or Borrower's Indebtedness shall be paid In full, or until this Deed of Trust or any Related Documents shall be terminated, whichever is the last to occur. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other then Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating Income received from the Property during Grantor's previous fiscal year In such form and detail as Lender shall require. "Nat operating Income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings, Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other interest or estate In the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Low. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Idaho without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender In the State of Idaho. Choice of Venue. If there Is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of ADA County, State of Idaho. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver Is given In writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or any other right, A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision Illegal, Invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be eo modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the Illegality, Invalidity, or unonforceablifty of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other then Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence, Time is of the essence In the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Idaho as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined In this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means WASHINGTON TRUST BANK, and its successors and assigns. Borrower. The word "Borrower" means Gemstar Properties, L.L.C. and Includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and Includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust In the events of default section of this Deed of Trust. Grantor. The word "Grantor" means Gemstar Properties, L.L.C.. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or "'UEED OF TRUST (Continued) Page 6 Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with Interest on such amounts as provided In this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross -Co [late ralization provision of this Deed of Trust. Lender. The word "Lender" means WASHINGTON TRUST BANK, Its successors and assigns. Note. The word "Note" means the promissory note dated December 15, 2006, in the original principal amount of $1,969,900.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property, The word "Property" means collectively the Real Property and the Personal Property. Reel Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property, Trustee. The word "Trustee" means Pioneer Title Co, of Ada County, whose address Is 8151 W. Riflemen Avenue, Boise, ID 83704 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: GEMSTAR PROPERTIES, L.L.C. SCHMIDT PROPERTIES L L C , Member of Gemstar Properties, L.L.C. BY r� c- S4%ron L. Schmidt, Mem ar of Schmidt Propertfos, L.L.C. LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF__0jjEh,O ) .J'�^ ��rq� ) SS COUNTY of /�1 a ) On this 1 d dayof�Q,1101AA,6 / h(0 �jz 1��1' e,1,SG�j0A L in the year 20 before me , a notary public in and for the State of Idaho, personally appeared Steven L. Schmidt, Memb of Schmidt Properties, L.L.C., known or identified to me (or proved to me on the oath of ), to be one of the members or designated agents in the limited Ilabi ty company of Gemstar Properties, L.L.C., and the member or designated agent or one of th members or designated agents who subscribed s,ald limited liability company name to the foregoing instrument, and acknowledged to me at a or she executed the m i ited liaq" ty cc any name, No ry Iic for Idaho Residing at Res COMMISSIoong n Expires; adBMI010_ My commission expires ENICE B. THORNTON NOTARY PUBLIC STATE OF IDAHO REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid In full) To: , Trustee The undersigned is the legal owner and holder of all indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now hold by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: V.s[R PRi 1.1— V.. 1.]].N W Cvpr. Nul,"J lnvnvull4.iun.. 4.e. II,T, lOOC ,tl pl Ru"vN. N v.tC,IWiI.1efNPllael.,e TR 11.1 11-1 Order No.- 270651 EXHIBIT A A parcel of land being a portion of the SW '/ of the NE'/a of Section 2, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, County of Ada, State of Idaho, being more particularly described as follows: BEGINNING at a found 5/8" iron pin monumenting the center of North 1/164 corner of said Section 2, the REAL POINT OF BEGINNING, from which the .N'/a of said sections bears North 00°15'35" East 1368.30 feet; Thence along the proposed exterior boundary the following courses: South 89° 1 T3 6" East 706.76 feet; Thence South 00020' 16" East 105.02 feet; Thence South 89°17'39" East 55.66 feet; Thence South 03120'08" East 50.15 feet; Thence South 00°42'24" West 66.71 feet; Thence South 60°40'.50" West 81.15 feet; Thence South 39115' 15" East 110.00 feet; Thence South 50°4445" West 36.34 feet; Thence 17.45 feet along a curve to the right, having a central angle of 49°59'42", a radius of 20.00 feet, and a long chord bearing of South 75°44'36" West 16.90 feet; Thence 163.32 feet along a curve to the left, having a central angle of 1870 a radius of 50.00 feet, and a long chord and bearing of South 07°09'55" West 99.81 feet; Thence South 03 ° 15' 15" East 122.91 feet; Thence South 50°44'45" West 43.75 feet; Thence North 39017' 14" West 71.81 feet; - Thence South 50°4445" West 105.00 feet; Thence North 3 911 5'l5" West 30.18 feet; Thence 166.49 feet along a non -tangent curve to the left, having a central angle of 182°52'56", a radius of 52.16 feet, and a long chord and bearing of North 89129' 17" West 104.29 feet; Thence 18.04 feet along a curve to the right, having a central angle of 51140'30", a radius'of 20.00 feet, and a long chord of and bearing of South 24154'30" West 17.43 feet; Thence South 50°44'45" West 74.27 feet (formerly 71.55 feet); Thence North 39' 15' 15" West 110.00 feet; Thence South 50°4445" West 28.21 feet; Thence South 13135'36" West 70.97 feet; Thence North 89°50' 17" West 155.00 feet; Thence South 00°15'25" West 12.33 feet; Thence North 89° 12'32" West 105.00 feet; Thence North 00°15'25" East 694,15 feet to the REAL POINT OF BEGINNING. AFFIDAVIT OF LEGAL INTEREST STAIE OF IDAHO ) COUNTY OF ADA ) PL :�-A z- (cam (name) (address) � (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: ' YIS i ,1g40 s.'R00-D wa6k -1+0 Nte 00d ,11)g3642 (r e) (address) to submit the accompanying application(s) pertaining to that property 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. 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 z kh day of120 0-1 J (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. 1111111I /III j� A. MC110-NI ��` �Q : •.;9�"� (Notar ublic for Idaho) a AOTAR Residing at:40f u . L PUBLIC My Commission Expires: nMl��f��',IIuw�N .1,111111.1 1 APP-24-1c% 10:29 pFFICE ly SXT M. LUUJII, F.02 ARTICLES OF ORGANIZAT JON FI LIMITED LIABILITY COMPANY To the secretary of State at Idaho, g8 APR 2N M 11: IS Statehouse, Boise, Idaho 83720 -�ECFi£iARY OF STATE qw STATE OF 10A 10 1. The name of "limited liability company is: 0*001�ar Properties, L•:.•c. 2. The address of the Initial registered office is: 1134 North Orchard, 3oise, Idaho 83706 pone a PO anq and the name of the initial registered agent at that address is: sty L. setaeidt Signature of registered agent 3. The latest date certain on which the limited liability company will dissolve: 12/31/M7 4. Is management of ttle'llmited liability conVarry vested in a manager or managers? El Yes IM No aoMoPAe1. 5. If management is vested in one or more manager(s), list the names) and address(es) of at least one Initial manager. If management is vested in the members, list the rl w"s) and addresses) of at least one Initial member. , l life t w, 01 1 Steven L. Schmidt 1134 North Orchard, Boise, Idaho 83706 6. Signature of at I ast one person listed In 05 above: - 4L��L swawP of WAS we.eelr It1 G 11EC l wy CF STAI L N4/ee/1Vg6 09$Ww CKt M1 01 ribu Mh 11WA 1 f 11L r1 ■ 1 W O tf1W LU r" T.L F .']< 0 M r-7-0CATED IN THE LOCATED SW1/4 NE1 �T SECTION 2, T.3N,., RAW, B.M. � n5 COUNTY, .A.. MERIDIAN, COUNTY, IDAHO Mc.�Way id- ID 33642 Stanley Consultants Ph A Sfde Cw (2DB) 280-0573 E y p"7"My (208) 288-0574 Engineering, Enw and Cmstrucl*w 77Z'o' - Worldwide PRELIMINARY/FINAL 5/10/2007 ADA COUNTY STREET NAME EVALUATION SUBDIVISION NAME: SUNDIAL SUB AGENCY and AGENCY FILE NO: Meridian: PP 06-060 SECTION/ TOWNSHIP/ RANGE: 2 3N 1 W DEVELOPER: STANLEY CONSULTANTS ✓ The street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (Under the direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street Name Ordinance. Overall final street names are subject to change at Final Plat phase levels due to design changes, time restraints and/or previous recorded plat street alignments. THE FOLLOWING EXISTING STREET NAMES SHALL APPEAR ON THE PLAT: N. CINNAMON PL' N. LINDER RD Q / ' W. USTICK RD R / W. WHITELAW DRY / ' W. FIELDSTREAM DRr / ' N. MARBURG AVER / THE FOLLOWING PROPOSED STREET NAMES ARE APPROVED: W. FIELDSTREAM DR " e ' N. KUBIK WAY- / 'N. MARBURG AVE" THE FOLLOWING PROPOSED STREET NAMES ARE DENIED: THE FOLLOWING CHANGES OR CORRECTIONS NEED TO BE MADE: NOTE: IF THERE ARE CORRECTIONS AND CHANGES RECOMMENDED, PLEASE MAKE THESE CHANGES ON THE SUBDIVISION PLAT AND RESUBMIT TO THE COMMITTEE. A FINAL REVIEW WITH NO CHANGES REQUIRED AND THE MATCHING PLAT MUST BE PRESENTED TO THE ADA COUNTY ENGINEER AT TIME OF RECORDING. ADA COUNTY ENGINEER MERIDIAN FIRE DEPARTMENT ADA COUNTY HIGHWAY DIS ADA COUNTY SHERIFF Street Approval Sent: Jim Farrens Representati Representati Representative , Representative DATE DATE DATE DATE D DATE ss: 11 . DATE: 5/31 /2007 PROJECT: Sundial Subdivision Subject: Site Amenities Detail A picnic area will be constructed with a 12'x12' concrete pad including a barbecue area with post mount grill and a 12'x 12' covered shade structure with open walls as illustrated. A multi -use sand lot area, sized for sand lot volleyball including permanent poles and removable net that can also be used for dual horse shoe pits. MOe o Gr.�� ��.� }ie 0 u • uu'ta. x. . K ♦ g ... I V) CF) o N 00 rn n m CN— o 4 p L r W V) W r� N d 2 j3 / 2 �n V) n 00 • r 00 0 c LL- cn c .� LO Ln O N C( z 00 0 W 4 W G i� �'ON NOISIAicenS MOGV3W 3NO1S(II313 Li V) qc:t Ln O N LI 1 6— V' N w LL I N � O I i 1 i PROJECT NO. 19708.0 DRAINAGE CALCULATIONS FOR City of Meridian, Ada County, Idaho 31-May-2007 05 -7�- E)7 Stanley Consultants INC. 1940 S. Bonito Way, #140 Meridian, Idaho 83642 208-288-0573 Q:\19708\04-Eng\03-Calc\DrnCalcs-19708-(Rev 05_31 07).xls -ee SUNDIAL SUBDIVISION PROJECT NO. 19708,01.00 DRAINAGE SYSTEM OVERVIEW The Sundial Subdivision is located in the City of Meridan west of Linder and south of Ustick Road and sandwiched in between existing subdivisions, Tumblecreek and TurtleCreek.The subdivision consists of 30 single-family residential lots, 3 common lots and 1 large lot that currently is leased for a cell phone tower located on approximately 10.57 acres. EXISTING CONDITIONS The project site presently consists of an empty field with zero existing buildings. An existing gravity irrigation ditch and gravity irrigation pipeline(s) exist on the property. This will be removed and/or relocated as shown in the engineering drawings. No other surface water exists on the property. PROPOSED CONDITIONS The onsite drainage will be conveyed via both surface and subsurface systems. The surface flow will be contained within the private street sections to designed low points in the road where a series of inlets will convey the flow to 4 seepage beds. For several lots, the backyards will slope away from the road. In these instances, an area drain is indicated on the plans to handle any runoff water. The seepage beds have been sized to handle all nuisance/water quality flows and for storing the design event. The 25-year and 100-year events have been analyzed for this development to determine sizing of the various drainage structures. The rational formula (Q=CIA) was used to estimate the peak runoff rates. From Exhibit "A" of the Ada County Highway District policy manual, the recommended runoff coefficient, C, for a multi family residential area is 0,50. The drainage area for each detention pond is shown on the attached Drainage Plan drawing. The average rainfall intensity is estimated from the "Rainfall Intensity - Duration -Frequency Relationship" figure for a 25 year and 100 year runoff event. The time of concentration is determined by adding the longest overland grass flow time and gutter flow time. Calculations and spreadsheets have been included with this report for all drainage improvements. SOIL CONDITIONS Based upon the preliminary soils and subsurface investigation for Sundial there should be no problems with the existing soils for drainage as designed. However, in the event that during construction we encounter either groundwater or rock, a revised design will be done based upon field conditions. Q;\19708\04-Eng\03-Calc\DrnCalcs-19708-(Rev 05 31 07).xls Page 1 of 1 SUNDIAL SUBDIVISION PROJECT NO, 19708.01.00 Area Time of Concentration Form TR-55: Overland Grass Flow Manning's Coef. n= Length of Flow L = ft Average Slope s = in/in 2 yr-24 hr Rainfall P2= in Travel Time - T1 = min From TR-55: Gutter Flow Average Slope s = fuft Length of Flow L = ft Average Velocity V = ft/sec Travel Time T2 = min Total Time of Conc. Tc = min Q-e Calculations (Rational Method) - Drainage Area A = acres Runoff Coeffecient C value= 100-yr Intensity 1100 = in/hr 25-yr Intensity 125 = in/hr Peak Flow (100 year) Q100 = ft'/sec Peak Flow (25 year) Q25 = ft'/sec Sand and Grease Trap Calculations Size of S/G Trap Number of S/G Traps Dimensions in Throat Area A, = ft` Velocity through S/G Trap= V(s/g)= ft/sec Volume Calcuations Runoff Volume Vol= ft3 Under ACHD? Yes or No Add 15% if under ACHD ft3 Required Volume Vol= ft3 Less PreDevelopment Runoff (C=0.1) Total Volume Required Trench Volume Calcuations Trench Dimensions Depth (inclds 1' freeboard) D = ft Width W = ft Length L = ft Drain Rock Void Ratio Vr = % Percolation Rate Pr = in/hr Trench Volume Tvol= ft3 Storaae Duration Time Needed for 90% Infiltration hr Pond Volume Is a pond Required? Volume Required (ft3) Top Area = ft Bottom Area = ft2 Freeboard = ft Actual Depth = ft Inside Side Slope = X:1 Pond Storage Volume = ft3 Pond Storage Volume w/ Freeboard = ft3 Percolation Rate In/hr Time Needed for 90% Infiltration hr See Drainage Map for Areas A&R C,Eand F L&M N 0.24 0.24 0.24 0.24 100 100 100 100 0.01 0.01 0.01 0.01 1.2 1.2 1.2 1.2 31.00 31.00 31.00 31.00 0.005 0.006 0.009 0.009 335 430 290 360 1.44 1.57 1.93 1.93 3.9 4.6 2.5 3.1 34.9 35.6 33.5 34.1 0.82 1.88 1.10 2.06 0.50 0.50 0.50 0.50 1.51 1.49 1.55 1.53 1.12 1.11 1.15 1.14 0.62 1.40 0.85 1.58 0.46 1.04 0.63 1.17 1000 gal 1000 gal 1000 gal 1000 gal 1 1 1 1 12x48 12x48 12x48 12x48 4 4 4 4 0.11 0.26 0.16 0.29 1111 2521 1535 2837 Yes Yes Yes Yes 167 378 230 425 1278 2899 1765 3262 222 504 307 567 1056 2394 1458 2694 5 5 5.5 5.5 7 20 7 7 85.0 79.5 104.6 194.8 40 40 40 40 a 8 8 8 1278 2899 1765 3262 1.04 1.43 1.1 1.09 No No No Nn MEMO TO: City of Meridian DATE: May 31, 2007 FROM: John P. Bilderback, P.E. Stanley Consultants 1940 S. Bonito Way, Suite 140 Meridian, ID 83642 (208) 288-0573 SUBJECT: Certification final street grades will be a minimum of 3 feet above high groundwater Based upon the attached Geotechnical Engineering Report dated September 18, 2006, I, John P. Bilderback, P.E., hereby certify the final street grades within the Sundial Subdivision/Estates will be a minimum of 3 feet above high groundwater. scso22 j MATERIALS TESTING & .� INSPECTION i Environmental Services ❑ Geotechnical Engineering 0 Construction Materials Testing 0 Special Inspections f Prepared for: GEmstar PropErtiEs, 738 South Bridgeway Eagle, Idaho 83616 GEOTECHNICAL ENGINEERING REPORT of Ernest Property Fieldstream Drive & Marburg Avenue Meridian, Idaho LLC Place MTI File Number B61371g 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com MATERIALS September 18, 2006 TESTING & Page # 1 of 25 INSPECTION I {. 1 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc Mr. Mike McHargue Gemstar Properties, LLC 738 South Bridgeway Place Eagle, Idaho 83616 (208) 861-8662 Re: Geotechnical Engineering Report Ernest Property Fieldstream Drive & Marburg Avenue Meridian, Idaho Gentlemen: In compliance with your instructions, we have conducted a soils exploration and foundation evaluation for the above mentioned development. Field work for this investigation was conducted on 1 September 2006. Data have been analyzed to evaluate pertinent geotechnical conditions. Provided geotechnical, groundwater and construction recommendations are listed in the Table of Contents. Results of this investigation, together with our recommendations, are to be found in the following report. Often, because of design and construction details that occur on a project, questions arise concerning soil conditions. We would be pleased to continue our role as geotechnical engineers during project implementation. MTI also has great interest in providing materials testing and special inspection services during construction of this project. If you will advise us of the appropriate time to discuss these engineering services, we will be pleased to meet with you at your convenience. We appreciate this opportunity to be of service to you and we look forward to working with you in the future. If you have questions please call us at (208) 376-4748. Respectfully Submitted, Materials Testing & Inspection, Inc. Liz Brown Geotechnical Engineering Technician . chroeder, P. is Se rv' es Manager F 7'F9�o�'y�c� d I'a1�id ra , P.E. anager 0 '0' OF IDP� 0. CRP Q�ESS/p�,�� �0 KEV!N L. o SCHROEDER T1mra 65 904 0 OF 0 Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com MATERIALS" TESTING & INSPECTION September 18, 2006 Page # 2 of 25 1 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r:\boise\2006 reports\1200-1399\b61371g\b6137Igeotech.doc TABLE OF CONTENTS INTRODUCTION.....................................................................................................................3 ProjectDescription...............................................................................................3 Authorization........................................................................................................3 Purpose..................................................................................................................3 Scope......................................................................................................................3 Warranty And Limiting Conditions...................................................................4 General..................................................................................................................4 DESCRIPTIONOF SITE.........................................................................................................5 SiteAccess.............................................................................................................5 GeneralGeology Of Area....................................................................................5 SiteTopography, Drainage And Vegetation......................................................5 SiteClimatology And Geochemistry...................................................................6 GeoseismicSetting................................................................................................6 SOILSEXPLORATION............................................................................................................6 Explorationand Sampling Procedures...............................................................6 Laboratory Testing Program..............................................................................7 SoilAnd Sediment Profile...................................................................................7 SoilsSurvey Review..............................................................................................7 VolatileOrganic Scan...........................................................................................8 ` SITE HYDROLOGY................................................................................................................8 GeneralNotes........................................................................................................8 Groundwater......................................................................................................... 8 SoilInfiltration Rates...........................................................................................8 FOUNDATION AND PAVEMENT DISCUSSION AND RECOMMENDATIONS .............................9 GeneralNotes........................................................................................................9 Foundation Design Recommendations...............................................................9 CrawlSpace Recommendations..........................................................................9 RecommendedPavement Sections......................................................................10 CONSTRUCTIONCONSIDERATIONS......................................................................................11 Earthwork.............................................................................................................11 DryWeather.........................................................................................................12 WetWeather.........................................................................................................12 SoftSubgrade Soils...............................................................................................13 FrozenSubgrade Soils..........................................................................................13 Structural Fill........................................................................................................13 Backfill...................................................................................................................14 Excavations...........................................................................................................14 Groundwater Control..........................................................................................15 GENERALCOMMENTS..........................................................................................................15 REFERENCES........................................................................................................................16 APPENDIXLIST.....................................................................................................................17 Geotechnical General Notes.................................................................................18 Unified Soil Classification....................................................................................19 TestPit Logs..........................................................................................................20 Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com 0 www.mti-id.com MATERIALS September 18, 2006 TESTING & Page # 3 of 25 INSPECTION i 1 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r:\boise\2006 reports\1200-1399\b61371g\b61371geotech.doe INTRODUCTION This report presents results of a geotechnical investigation and analysis in support of data utilized in design of structures as defined in the 2003 International Building Code (IBC). Information in support of groundwater and stormwater issues pertinent to the practice of Civil Engineering is included. Observations and recommendations relevant to the earthwork phase of the project are also presented. Project Description: The proposed development is located in the northwestern portion of the City of Meridian, Ada County, Idaho, and occupies a portion of the NE'/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian. The project will consist of development of an undetermined number of residential lots on an approximate 10.6-acre site. Roadways are anticipated to be included as part of the development. Proposed grading is presently undetermined. Authorization: Authorization to perform this exploration and analysis was given in the form of verbal authorization to proceed from Mr. Scott Norijuki to Liz Brown of Materials Testing and Inspection, Inc. (MTI), on 28 August 2006. Said authorization is subject to terms, conditions, and limitations described in the Professional Services Contract entered into between Gemstar Properties, LLC and MTI. Our scope of services for the proposed development has been provided in our proposal dated 28 August 2006, and again below. Purpose: The purpose of this Geotechnical Engineering Report is to determine various soil profile components and their engineering characteristics for use by design engineers and/or architects in: • Preparing or verifying suitability of foundation design and placement, • Preparing site drainage designs, and, • Indicating issues pertaining to earthwork construction. Scope: The scope of this investigation included review of geologic literature and existing available geotechnical studies of the area, review of available environmental reports, visual site reconnaissance of the immediate site, subsurface exploration, field and laboratory testing, and an engineering analysis and evaluation of foundation materials. The scope of work did not include design recommendations specific to individual residences. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com j MATERIALS „� September 18, 2006 � Page # 4 of 25 TESTING & INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc Warranty And Limiting Conditions: Field observations and research reported herein are considered sufficient in detail and scope to form a reasonable basis for the purposes cited above. MTI warrants that findings and conclusions contained herein have been promulgated in accordance with generally accepted professional engineering practice in the fields of foundation engineering, soil mechanics and engineering geology, only for the site and project described in this report. These engineering methods have been developed to provide the client with information regarding apparent or potential engineering conditions relating to the subject property within the scope cited above and are necessarily limited to conditions observed at the time of the site visit and research. The report is also limited to information available at the time it was prepared. In the event additional information is provided to MTI following the report, it will be forwarded to the client in the form received for evaluation by the client. There is a distinct possibility that conditions may exist which could not be identified within the scope of the investigation or which were not apparent during the site investigation. This report was prepared for the exclusive use of Gemstar Properties, LLC and their retained design consultants ("Client"). Conclusions and recommendations presented in this report are based upon agreed -upon scope of work outlined in the report and Contract for Professional Services between Client and Materials Testing and Inspection, Inc. ("Consultant"). Use or misuse of this report, or reliance upon findings hereof by parties other than the Client, is at their own risk. Neither Client nor Consultant make representation of warranty to such other parties as to accuracy or completeness of this report or suitability of its use by such other parties for purposes whatever, known or unknown to Client or Consultant. Neither Client nor Consultant shall have liability to, or indemnifies or holds harmless third parties for losses incurred by actual or purported use or misuse of this report. No other warranties are implied or expressed. General: Revisions in plans and or drawings for the proposed development from those enumerated in this report should be brought to the attention of the soils engineer to determine if changes in foundation recommendations are required. Deviations from noted subsurface conditions if encountered during construction, should also be brought to the attention of the soils engineer. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com 0 www.mti-id.com MATERIALS, TESTING & INSPECTION September 18, 2006 Page # 5 of 25 (, 1 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b6137Ig\b61371geotech.doc DESCRIPTION OF SITE Site Access: Access to the site may be gained via Interstate 84 to the Meridian Road exit. Proceed north on Meridian Road approximately 1.5 miles to its intersection with Fairview Avenue. From this intersection, proceed west on Fairview Avenue for 3 miles to Linder Road. Proceed north on Linder Road for approximately 0.75 mile to its intersection with Turtle Creek Drive. From this intersection, proceed west on Turtle Creek Drive for approximately 0.3 miles to White Law Drive. Follow White Law Drive for approximately 0.2 mile at which point the road turns a 90 degree angle. The site is located north of this corner. Presently the site exists as undeveloped land with a cell tower in the middle of the parcel. The location is depicted in site map plates included in the Appendix. General Geology Of Area: The subject site is located within the Boise Valley which is directly underlain by a thick sequence of alluvial sands and gravels typically deposited on basalt formations. These sediments are loosely named the Boise _`. River Gravels and were deposited as river floodplain and stream overwash from the Boise River. These gravel deposits tend to have imbricated well-rounded clasts, poor sorting and crude stratification of beds of gravel and lenses of cross -bedded sand suggesting deposition in braided channels. The Boise River Gravels consist of unconsolidated clay, silt, sand, gravel, and cobbles. These gravels have been subdivided into smaller units based on their age and are exposed as distinct alluvial terraces. Five of these terraces are well exposed in the Boise area and range in age from Middle Pleistocene to Holocene (Recent) (0 - 0.9 million years ago). The site lies on the Whitney Terrace, the second terrace above the currently defined floodplain (Othberg and Stanford, 1992). Site Topography, Drainage And Vegetation: The proposed development consists of approximately 10.586 acres of relatively flat land, with a cell tower located in the center portion of the property. The surface exhibits fine grained soils throughout the majority of the site. The parcel is surrounded by existing residential development. Regional drainage is north toward the Boise River. Stormwater drainage for the site is achieved by percolation through surficial soils. No stormwater drainage facilities are located in the vicinity of the site and the area does not receive significant off -site drainage. Vegetation throughout the area consists primarily of native grasses. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com MATMALS TESTING & INSPECTION September 18, 2006 Page # 6 of 25 1 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc Site Climatology And Geochemistry: Average precipitation for the region is on the order of 10 to 12 inches per year. Annual average temperature range from 20' F to 911 F with extremes ranging from -40 F to 1020 F. Average wind speed range to 11 miles per hour in spring with a prevailing direction from the southeast. Soil in the area is primarily derived from siliceous materials and exhibits low electro-chemical potential for corrosion of metals or concretes. Local aggregates are generally appropriate for Portland Cement and Lime Cement mixtures. The State Transportation Department has adopted anionic asphalt cements. The pH of surface water, groundwater, and soil in the region typically range from 7 to 9. No indication of abnormal geochemical conditions was noted on -site. Nominal frost penetration is typically on the order of 6 inches, with extremes ranging to 3 feet. Geoseismic Setting: Soils on -site are classed as Site Class D in accordance with Chapter 16 of the 2003 edition of the IBC. Building structures on this project should be designed as per the IBC requirement for such a seismic classification. Our investigation did not reveal potential hazards resulting from earthquake motions: slope instability, liquefaction, and surface rupture because of faulting or lateral spreading. Incidence and anticipated acceleration of seismic activity in the area is low. SOILS EXPLORATION Exploration And Sampling Procedures: The field exploration to determine engineering characteristics of subsurface materials included a reconnaissance of the project site and investigation by test pit. Test pit sites were located in the field by means of normal taping procedures from on -site features or known locations and are presumed to be accurate to within a few feet. Upon completion of investigation each test pit was backfilled in with loose excavated materials. These loose areas need to be re -excavated and compacted prior to constructing structures over them. Samples were obtained from representative soil strata encountered in test pits. Samples obtained have been visually classified in the field by an engineering technician, identified according to test pit number and depth, placed in sealed containers and transported to our laboratory for additional testing. These materials have been further described in detail on logs provided in the Appendix. Results of field and laboratory tests are also presented on these logs. It is recommended that these logs not be used for estimating quantities because of highly interpretive results. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti®mti-id.com 6 www.mti-id.com MATERIALS September 18, 2006 TESTING & �WAW' ... Page # 7 of 25 t INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r rAboise\2006 reports\I200-1399\b61371g\b61371geotech.doc Laboratory Testing Program: Along with the field investigation, a supplemental laboratory testing program was conducted to determine additional pertinent engineering characteristics of subsurface materials necessary in analyzing the behavior of the proposed structures. Laboratory tests were conducted according to current applicable American Society for Testing and Materials (ASTM) specifications, and results of these tests are to be found on the accompanying logs located in the Appendix. The laboratory testing program for this report included Atterberg Limits Tests - ASTM designation D 4318, Grain Size Analysis - ASTM designation C 117, C 136, and Resistance R-Value and Expansion Pressure of Compacted Soils — ASTM designation D 2844. Soil And Sediment Profile: A total of four test pits were advanced to depths of 10.2 to 11.6 feet across the site. Groundwater was encountered at depths of 9.8 to 11.0 feet. The developed soil profile represents only a generalized case, and variations between test pits should be anticipated: Lean Clay (CL) — Brown, dry, hard, lean clay soils were observed at ground surface across the site. Organic material was present to depths of 1.0 and 1.5 feet. Lean clay soils were noted to depths of 1.5 to 2.7 feet within the test pits. Cemented Silt (ML) — Underlying surficial clay, light brown, dry, weakly cemented, silt is present. Cementation was noted in all test pits. This soil extended to depths of 4.4 to 6.8 feet. Silty Sand (SM) - Brown, dry to slightly moist, medium dense to dense, indurated silty sand (SM) was observed underlying cemented silt in all test pits. Silty sand soils were noted to depths of 9.2 to 10.1 feet. Poorly Graded Sandy Gravel (GP) - Brown, slightly moist to saturated, poorly graded gravel sediments were observed at depth in all test pits. Fine to coarse grained sand and cobbles of up to 6 inches in diameter were present within this soil type. Poorly graded gravel sediments extended through the termination depths of all test pits. Walls of each test pit were stable with the exception of those through native granular soils. Excavations through granular soils will have a propensity for sloughing or caving, especially after penetrating the water table. Soils Survey Review: A review of the United States Department of Agriculture, Soil Conservation Service, Soil Survey of Ada County Area, Idaho, 1980, indicated the site can be characterized Purdam silt loam. This soil is well - drained, moderately slow permeability above hardpan and digging and trenching in this soil may be hampered by hardpan. The low strength, frost action potential, and high shrink -swell potential limit the construction of roads and streets, however, suitable sub -grade material can offset these limitations. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com I MATERIALS September 18, 2006 TESTING & Page # 8 of 25 I INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections I rAboise\2006 reports\1200-1399\b6137Ig\b6137Igeotech.doc Volatile Organic Scan: No environmental concerns were identified prior to commencement of the investigation. Therefore, soils obtained during on -site activities were not assessed for volatile organic compounds by portable photoionization detector. Samples obtained during our exploration activities exhibited no odors or discoloration typically associated with this type contamination. SITE HYDROLOGY General Notes: Existing surface drainage conditions are defined in the Description of Site. Information provided in this section is limited to observations made at the time of the investigation. Regional and/or local ordinances may require information beyond the scope of this report. Groundwater: Groundwater was encountered at depths of 9.8 to 11.0 feet during the field investigation. Groundwater levels in the site vicinity are controlled in large part by residential irrigation activity and canal leakage in the local area, and are likely at their maximum elevations during the irrigation season. Estimation of seasonal groundwater fluctuation is problematic without regular monitoring. Based on the evidence of this investigation, and background knowledge of the area, it is unlikely that groundwater will be encountered during construction and is anticipated to remain at depths of greater than 8 feet below the ground surface throughout the year. This depth is an estimate, and can be confirmed following periodic monitoring. Soil Infiltration Rates: Soil permeability is a measure of the ability of a liquid to move through a soil and was not tested in the field. However, pipes for possible percolation testing were installed in test pits 1 and 3. In this report this parameter is approximated by soil type and gradation. Of soils comprising the generalized soil profile for this study, lean clay and silt soils generally offer little permeability, with typical infiltration rates less than 2 inches per hour, though calcium carbonate cementation encountered within cemented silt soils may reduce this value to near zero. Silty sand soils typically exhibit infiltration rates of 2 to 6 inches per hour, however, induration encountered within silt sand soils may reduce this value to near zero. Poorly graded sandy gravel soils typically exhibit infiltration values in excess of 24 inches per hour, and percolation testing is typically not required within these soils as a result of the free -draining nature of the gravel sediment. All infiltration facilities constructed on -site should be extended into native sandy gravel sediments. Excavation depths of approximately 9.2 to 10.1 feet should be anticipated to expose sandy gravel soils. In addition, because of the high permeability, ASTM C 33 filter sand, or equivalent, should be incorporated info design of infiltration facilities. MTI recommends that DEQ groundwater separation requirements be utilized. An infiltration rate of 8 inches per hour should be used for design. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com 0 www.mti-id.com MATERIALS TESTING INSPECTION September 18, 2006 Page # 9 of 25 i Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc FOUNDATION AND PAVEMENT DISCUSSION AND RECOMMENDATIONS General Notes: Presently, approximately an undetermined number of residential lots are proposed for the project site. Considering typical residential construction, and subsurface conditions, it is recommended that the structures be founded upon conventional spread footings and continuous wall footings. The following recommendations are not specific to the individual structures but rather should be viewed as guidelines for the subdivision wide development. Foundation Design Recommendations: On the basis of data obtained from the site and test results from various laboratory tests performed, MTI recommends following guidelines be used for the net allowable soils bearing capacity. ASTM D 1557 Net Allowable Soils Footin De th Sub rade Com action Bearin Ca acit Footings should bear on competent, native, cemented silt present at depths of 1.5 to 6.8 feet Not required for native 1,5001bs/ft2 across the site. All surficial clay soils and organic soil material must be removed from below footings. 'Verification of bearing soils for each residence by a qualified geotechnical engineer, engineering technician, or building official at the time of construction is recommended Footings should be proportioned to meet the stated bearing capacity and/or the IBC 2003 minimum requirements. Total settlement should be limited to about 1 inch with differential settlement of approximately 1/2 inch. Objectionable soil types encountered at the bottom of footing excavations should be removed and replaced with structural fill. Excessively loose or soft areas that are encountered at footing subgrade will require over -excavation and backfilling with structural fill. To minimize effects of slight differential movement that may occur because of variations in character of supporting soils, and in seasonal moisture content, MTI recommends continuous footings be suitably reinforced to make them as rigid as possible. For frost protection, the bottom of external footings should be 24 inches below finished grade, Crawl Space Recommendations: Considering the presence of cemented soils across the site, all residences constructed with crawl spaces should be designed in a manner that will inhibit water in the crawl spaces. Therefore, proper grading should be considered to be critical. MTI recommends that roof drains carry storm water at least 5 feet away from each residence, and grades should be greater than 5% for a distance of 10 feet away from all residences. In -- addition, rain gutters should be placed around all sides of residences, and backfill around stem walls should be placed and compacted in a controlled manner. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com COMATERIALS TESTING & INSPECTION September 18, 2006 Page # 10 of 25 i Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r:\boise\2006 reports\1200-1399\b61371g\b6137Igeotech.doc Recommended Pavement Sections: MTI collected a sample of near -surface soils for R-value testing representative of soils to depths of 2.7 feet below existing ground surface. A bulk sample collected from test pit 3, consisted of lean clay (CL) soil. This sample yielded an R 'value less than 5. An R value of 1 was used for design. As required by Ada County Highway District, MTI has used a traffic index of 6 to determine necessary pavement cross -sections for the site. Additionally, MTI has made other assumptions for traffic loading variables based on the character of the proposed construction. The Client should review these assumptions to make sure they reflect intended use and loading of pavements both now and in the future. Flexible Pavement Sections The Idaho Method as defined in Idaho Department of Transportation's Materials Manual (section 500) was used to develop the pavement section. Ada County Highway District (ACHD) parameters for traffic index and substitution ratios were also used in the design, and were obtained from ACHD's Development Policy Manual. Calculation sheets provided in the Appendix indicate the soils values, traffic loading, and material ratios used to calculate the pavement sections. MTI recommends that all materials used in the construction of Asphaltic Concrete Pavements meet the requirements of the Idaho Standards for Public Works Construction (ISPWC) specifications. Construction of the pavement section should be in accordance with these specifications. The following thicknesses are MINIMUM THICKNESSES for assured pavement function. Aggregate Base Structural Subbase Pavement Section Com onent Driveways and Parkin , Residential Streets Asphaltic Concrete 2.5 Inches Untreated Aggregate Base 4.0 Inches Granular Borrow 14.0 Inches Compacted Subgrade Not Required Material complying with ISPWC Standards for Crushed Aggregate Materials. Any material complying with the requirement for granular structural fill (uncrushed) as defined in ISPWC. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com 0 www.mti-id.com MATERIALS September 18, 2006 TESTING & " Page # 11 of 25 INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testina ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc Common Pavement Section Construction Issues The subgrade upon which above pavement sections are to be constructed must be properly stripped, compacted (if indicated), inspected and proof rolled. Proof rolling of subgrade soils should be accomplished with a heavy rubber -tired fully loaded tandem axle dump truck or equivalent. MTI anticipates that pavement areas will be subject to moderate traffic. It should be noted that surficial clay soils near to and above optimum moisture contents may tend to pump Pumping or soft areas must be removed and replaced with structural fill. Fill material and compacted native subgrade soils (if required) in support of the pavement section as well as aggregates comprising the pavement section must be compacted to not less than 95% of maximum dry density indicated by ASTM D 698 for flexible pavements and by ASTM D 1557 for rigid pavements. If a material placed as a pavement section component cannot be tested by usual compaction testing methods, compaction of that material shall be approved by observed proof rolling. Minor deflections from proof rolling for flexible pavements are allowable. Deflections from proof rolling of rigid pavement support courses should not be visually detectable. MTI recommends that rigid concrete pavement be provided for heavy garbage receptacle parking. This will eliminate damage caused by the considerable load of containers transferred onto the small steel wheels and subsequently onto the asphaltic concrete. Rigid concrete pavement should consist of Portland Cement Concrete Pavement (PCCP) generally adhering to ITD specifications for Urban Concrete. PCCP shall be 6 inches thick on a 4 inch drainage fill course, should be reinforced with welded wire fabric, and control joints shall be on 12 foot centers or less. CONSTRUCTION CONSIDERATIONS Earthwork: Recommendations in this report are based upon structural elements of the project being founded on competent native silt -sand mixtures or compacted structural fill. Structural areas should be stripped to an elevation that exposes these soil types. Excessively organic soils, deleterious materials, and/or disturbed soils generally undergo high volume changes when subjected to loads, which is detrimental to subgrade behavior in the area of pavements, floor slabs, structural fills, and foundations. Mature trees, and native grasses with associated root systems were noted at the time of our investigation. It is recommended that organic and/or disturbed soils, if encountered, be removed to depths of 1.2 feet (minimum), and wasted or stockpiled for later use. Stripping depths should be adjusted in the field to assure that the entire root zone and/or disturbed zone and/or topsoil is removed, prior to placement and compaction of structural fill materials. Exact removal depths should be determined during grading operations by a qualified geotechnical representative, and shall be based upon subgrade soil type, composition, and firmness or soil stability. Unidentified underground storage tanks (UST), below surface utilities, wells, or septic systems must be decommissioned, removed or abandoned as deemed necessary by governing Federal, State, and local agencies. Excavations developed as the result of such removal must be backfilled with structural fill materials as defined below. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com MATERIALS, September 18, 2006 TESTING & Page # 12 of 25 INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc After existing subgrade soils are excavated to design grade, proper control of subgrade conditions (i.e., moisture content) and placement -and compaction of new fill (if required) should be overseen by a representative of the soils engineer (MTI). Recommendations for structural fill presented within this report can be used to minimize volume changes and differential settlements that are detrimental to the behavior of footings, pavements, and floor slabs. Sufficient density tests should be performed to properly monitor compaction. For structural fill beneath building structures one in -place density test per lift for every 5,000 square feet is recommended. In parking and driveway areas this can be decreased to one test per lift for every 10,000 square feet. Dry Weather: If construction is to be conducted during what is considered "Dry" seasonal conditions, problems associated with soft soils may be avoided. However, shallow groundwater conditions, related to springtime runoff and/or late summer/early fall irrigation, may induce rutting subgrade soils. Solutions to problems associated with soft subgrade soils are outlined below. Problems may also arise because of lack of moisture in native and fill soils at time of placement. This will require addition of water to achieve near optimum moisture levels. Low cohesive soils exposed in excavations may become friable, increasing chances of sloughing or caving. Measures to control excessive dust should be considered as part of the overall health and safety management plan. Wet Weather: If construction is to be conducted during what is considered "Wet" seasonal conditions (commonly from mid -November to April), problems associated with soft soils must be considered as part of the construction plan. During this time of year, fine grained soils such as silts and clays will become unstable with increased moisture content, and eventually deform or rut. Additionally, constant low temperatures reduce the possibility of drying soils to near optimum conditions. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com MATMALS TESTING & INSPECTION September 18, 2006 Page # 13 of 25 f Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b6137Igeotech.doc Soft Subgrade Soils: Shallow fine grained subgrade soils that are high in moisture content can be expected to pump and rut under construction traffic. The following recommendations and/or options have been included for dealing with anticipated subgrade conditions: • Track -mounted vehicles should be used to strip subgrade of root matter and other deleterious debris. Heavy rubber -tired equipment should be prohibited from operating directly on native subgrades, and in structural areas such as roadways and foundations. Construction traffic can be restricted to designated roadways that do not cross, or cross on a limited basis, proposed roadway or parking subgrades. • During periods of wet weather, construction on -site may become very difficult if not impossible. To ensure constructability, access/haul roads should be constructed with a minimum of 2 feet of structural fill material. Fill material should consist of relatively large cobble (4 to 6 inch in diameter) with sufficient fines to fill voids. • Instead of structural fill placement, scarification and aeration of subgrade soils can be employed to reduce the moisture content. After stripping is complete, the exposed subgrade should be ripped and/or disked to a depth of 1.5 feet and allowed to air dry for 2 to 4 weeks. Further disking should be performed on a weekly basis to aid the aeration process. • Alternate recommendations can be provided involving lime or cement stabilization and use of geotextiles, upon request. Frozen Subgrade Soils: Frozen subgrade soils must be allowed to thaw, or may be stripped prior to placement of structural fill materials or foundation elements. Frozen soils must be removed to depths that expose non -frozen soils and wasted or stockpiled for later use. These soils must be allowed to thaw and return to near optimum conditions prior to use as structural fill. Structural Fill: Soils regarded as suitable for use as structural fill are those classified as GW, GP, GM, SW, SP, SM, and ML, in accordance with the Unified Soil Classification System (USCS) (ASTM D 2487). The use of silty soils (USCS designation of GM, SM, and ML) as fill may be acceptable. However, these materials require very high moisture contents for compaction and require a long time to dry out if natural moisture contents are too high. Therefore these materials can be quite difficult to work with as moisture content, lift thickness, and compactive effort becomes difficult to control. If silty soil is used for structural fill, lift thicknesses should not exceed 6 inches (loose), and fill material moisture must be closely monitored at both the working elevation and the elevations of materials already placed. Following placement, silty soils must be protected from degradation resulting from construction traffic or subsequent construction. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com MATERIALS TESTING & INSPECTION September 18, 2006 Page # 14 of 25 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b6137Ig\b6137Igeotech.doc Recommended granular structural fill materials, those classified as GW, GP, SW, SP, should consist of a 6 inch minus select, clean, granular soil with no more than 30% oversize (greater than 3/4 inch) material and no more than 12% fines (less than #200) and placed in layers not to exceed 9 inches in thickness. Prior to placement of structural fill materials, surfaces must be prepared as outlined in the Construction Considerations section. Structural fill material should be moisture -conditioned to achieve optimum moisture content prior to compaction. For structural fill below footings, areas of compacted backfll must extend outside the perimeter of the footing for a distance equal to the thickness of fill between the bottom of foundation and underlying soils, or 5 feet, whichever is less. Each layer of structural fill must be compacted to a minimum density of 95% of maximum dry density as determined by ASTM D 1557 (for rigid structures) or D 698 (for flexible pavements). The ASTM D 1557 and D 698 test methods shall be used for samples containing up to 40% oversize particles (greater than 3/4 inch). If material contains more than 40% but less than 50% oversize particles, compaction of fill shall be confirmed by proof -rolling each lift with a 10-ton vibratory roller (or equivalent) until the maximum density has been achieved. Density testing shall be performed after each proof -rolling pass until the in -place density test results indicate a drop (or no increase) in the dry density, defined as the maximum density or "break over" point. The number of required passes shall be used as the requirement on the remainder of fill placement. Material shall contain sufficient fines to fill all void spaces, and shall not contain more than 50% oversize particles. Backfill: Backfill materials shall ascribe to the requirements of structural fill except that the maximum material size shall be 4 inches. In no case shall material greater than 2 inches in diameter bear directly on structural elements. Placing oversized material against rigid surfaces interferes with proper compaction. Backfill should be compacted in accordance with specifications for structural fill, except in those areas where it is determined that future settlement is not a concern, such as planter areas. In nonstructural areas, backfill must be compacted to a firm and unyielding condition. Excavations: Shallow excavations that do not exceed 4 feet in depth may be constructed with side slopes approaching vertical. Below this depth, it is recommended that slopes be constructed in accordance with Occupational Safety and Health Administration (OSHA) regulations, section 1926, subpart P. Based on these regulations, on -site soils are classified as type "C" soil, and excavations within these soil should be constructed at a maximum slope of 1'/2 foot horizontal to 1 foot vertical (1 %zH:IV) for excavations up to 20 feet in height. Excavations in excess of 20 feet will require additional analysis. Note that these slope angles are considered stable for short-term conditions onlLi and will not be stable for long-term conditions. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com 0 www.mti-id.com CPMATERIALS TESTING & INSPECTION September 18, 2006 Page # 15 of 25 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc For deep excavations, native granular soils cannot be expected to remain in position. These materials are prone to failure and may collapse, thereby undermining upper soils layers. This is especially true when working at depths near the water table. Proper care must be taken to protect personnel and equipment. During our subsurface exploration, test pit sidewalls generally exhibited little indication of collapse. However, some caving of granular soils occurred, especially after penetration of the water table. Care must be taken so that excavations are properly backfilled in accordance with procedures outlined in this report. Water and loose debris should be removed from these excavations, prior to placement of fill soils or concrete. Groundwater Control: Groundwater was encountered in the investigation, but is anticipated to be below the depth of most construction. However, special precautions may be required for control of surface runoff and subsurface seepage in general. It is recommended that runoff caused by wet weather be directed away from open excavations. On -site silty or clayey soils can be expected to become soft and pump if subjected to excessive traffic following periods of wet weather. Ponded surface water areas should be drained to allow construction to take place through methods such as trenching, sloping, crowning grades, nightly smooth drum rolling, or installation of a French -drain system. Additionally, temporary or permanent driveway sections may be constructed should wet weather be forecast. GENERAL COMMENTS When plans and specifications are complete, or if significant changes are made in the character or location of the proposed development, consultation should be arranged as supplementary recommendations may be required. It is recommended that the service of a qualified geotechnical engineering firm be engaged to test and evaluate soils in footing excavations before placement of concrete to determine if soils meet compaction requirements. Monitoring and testing should also be performed to verify that suitable materials are used for structural fill and that proper placement and compaction is performed. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 9Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com MATERIALS" September 18, 2006 TESTING & Page # 16 of 25 INSPECTION i Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc REFERENCES American Society for Testing Materials, 1999, Standard Test Method for Materials Finer than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing: C 117 - 95, 3 p. American Society for Testing Materials, 1999, Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils, ASTM Designation: D 4318 - 86, 11 p. Collett, R.A., 1980, Soil Survey of Ada County Area, Idaho: US Department of Agriculture, Soil Conservation Service, 327 p. Othberg, K.L. and Stanford, L.A., 1992, Geologic Map of the Boise Valley and adjoining area, Ada and Canyon Counties, Idaho: Idaho Geologic Map Series, scale 1:100,000. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com MATERIALS September 18, 2006 TESTING & ..s Page # 17 of 25 INSPECTION i i Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections I i r:\boise\2006 reports\1200-1399\b61371g\b61371geotech.doc APPENDIX GEOTECHNICAL GENERAL NOTES UNIFIED SOIL CLASSIFICATION SYSTEM GEOTECHNICAL TEST PIT LOGS PAVEMENT THICKNESS DESIGN SHEETS R-VALUE TEST DATA SITE MAP PLATES Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com CoMATERIALS... September 18, 2006 TESTING & Page # 18 of 25 INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r:\boise\2006 reports\1200-1399\661371g\b61371geotech.doc GEOTECHNICAL GENERAL NOTES SOIL PROPERTY SYMBOLS N: Standard "N" penetration: Blows per foot of a 140 pound hammer falling 30" on a 2" O.D. SS. Qu: Unconfined compressive strength, tons/ft2 Qp: Penetrometer value, unconfined compressive strength, tons/ft2 Qc: Cone Penetrometer value, unconfined compressive strength, pounds/in2 V: Vane value, ultimate shearing strength, tons/ft2 M: Water content, % LL: Liquid Limit PI: Plasticity Index NP: Non -Plastic D: Natural dry density, lbs/ft3 WT: Apparent groundwater level (at time noted after completion). DRILLING AND SAMPLING SYMBOLS SS: Split -Spoon - 1 3/8" I.D., 2" O.D., except where noted. ST: Shelby Tube - 3" O.D., except where noted. AU: Auger Sample. DB: Diamond Bit. CB: Carbide Bit. GS: Grab Sample. RELATIVE DENSITY AND CONSISTENCY CLASSIFICATION Non -Cohesive Soils Standard Penetration Resistance Cohesive Soils Standard Penetration Resistance Ve Loose <4 VerySoft <2 Loose 4-10 Soft 2-4 Medium Dense 10-30 Firm Medium Stiff) 4-8 Dense 30-50 Stiff 8-15 Ve Dense >50 VeryStiff 15-30 Hard >30 PARTICLE SIZE Boulders 12 in. + Coarse Sand 5 mm to 0.6 mm Silts 0.074 mm to 0.005 mm Cobbles 12 in. to 3 in. Medium Sand 0.6 mm to 0.2 mm Clays 0.005 mm & Smaller Gravel 3 in. to 5 mm Fine Sand 0.2 mm to 0.074 mm Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com t MATERIALS September 18, 2006 TESTING & " Page # 19 of 25 INSPECTION i Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testina ❑ Special Inspections I rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc Unified Soil Classification System Divisions Major Symbol Soil Descriptions Well -graded gravels, gravel -sand mixtures, little or no fines vel GW d elly GP Poorly -graded gravels, gravel -sand mixtures, little or no fines Tned ils 0% GM Silty gravels, Poorly -graded gravel -sand -silt mixtures raction 4 sieve GC Clayey gravels, Poorly -graded gravel -sand -clay mixtures nd d dy SW Well -graded sands, gravelly sands, little or no fines SP Poorly -graded raded sands y-g ,gravelly sands, little or no fines passes #200 sieve Soils >50% SM nds, Poorly -graded sand -gravel -silt mixtures �Claiyteyssands, coarse fraction4 passes #4 sieve SC Poorly graded sand -gravel -clay mixtures Fine Grained Silts and Clays LL < 50 ML Inorganic silts & very fine sands, silty or clayey fine sands, clayey silts CL Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, ty clays, lean clays OL Organic silts and organic silt -clays of low plasticity Soils >50% Silts MH Inorganic silts, micaceous or diatomaceous fine sand or silt passes #200 sieve and Clays CH Inorganic clays of high plasticity, fat clays LL > 50 OH PT Organic silts and clays of medium -to -high plasticity Peat, humus, hydric soils with high organic content Highly Organic Soils Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com f MATERIALS September 18, 2006 TESTING & �'' Page # 20 of 25 INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testina ❑ Special Inspections i rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP-1 Date Advanced: 9/1/06 Logged By: Liz Brown Excavated By: Struckman's Backhoe Service Location: See Later Site Map Plates Depth to Water Table: 10.6 Feet Depth to Bottom Of Hole: 11.4 Feet Depth Field Description, w/USCS Soil Sample Sample Depth Qp Lab Test (Feet) and Sediment Classification T e (From -To) ID Lean Clay (CL): Brown, dry, hard, 0.0-2.7 with organic material to L I feet. 4.5 Cemented Silt (ML): Light brown, 2.7-6.7 dry, very stiff to hard, weak calcium 3.0-4.5 carbonate cementation. Silty Sand (SM): Brown, do) to 6.7-9.2 slightly moist, medium dense to dense, indurated, with fine grained sand. Poorly Graded Sandy Gravel 9.2-11.4 (GP): Brown, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles. Piezometer Installed Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 208 ( ) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com ( MATERIALS September 18, 2006 TESTING & Page # 21 of 25 INSPECTION ( Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑Special Inspections rAboise\2006 reports\1200-1399\b6137Ig\b61371geotech.doc F i 4 GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP-2 Date Advanced: 9/1/06 Logged By: Liz Brown Excavated By: Struckman's Backhoe Service Location: See Later Site Map Plates Depth to Water Table: 9.8 Feet Depth to Bottom Of Hole: 10.2 Feet FeField Description, w/USCS Soil Sample Sample Depth Qp Lab Test (Feet)and Sediment Classification T e From -To) ID Lean Clay (CL): Brown, dry, hard, with organic material to 1.Sfeet. 4.5 Cemented Silt (ML): Light brown, dry, very stiff to hard, weak calcium 3.75-4.5 carbonate cementation. Silty Sand (SM): Brown, dry to 4.4-9.2 slightly moist, medium dense to dense, indurated, with fine grained sand. Poorly Graded Sandy Gravel 9.2-10.2 (GP): Brown, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles. Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com 6 www.mti-id.com CRMATERIALS,,, TESTING & INSPECTION September 18, 2006 Page # 22 of 25 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r:\boise\2006 reports\1200-1399\b61371g\b61371geotech.doc GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP-3 Date Advanced: 9/1/06 Logged By: Liz Brown Excavated By: Struckman's Backhoe Service Location: See Later Site Map Plates Depth to Water Table: 11.0 Feet Depth to Bottom Of Hole: 11.6 Feet Depth Field Description, w/USCS Soil Sample Sample Depth Qp Lab Test Feet and Sediment Classification Type (From -To) ID Lean Clay (CL): Brown, dry, hard, 0.0-1.5 with organic material to 1.0 foot. Bulk 1.0-1.5 4.5 R-Value Cemented Silt (ML): Light brown, 1.5-5.7 dry, very stiff to hard, weak calcium 3.5-4.5 carbonate cementation. Silty Sand (SM): Brown, dry to 5.7-10.1 slightly moist, medium dense to dense, indurated, with fine grained sand. Poorly Graded Sandy Gravel 10.1-11.6 (GP): Brown, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles. Piezometer Installed Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com erMATMALS�,,, TESTING & INSPECTION September 18, 2006 Page # 23 of 25 (, 1 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b61371geotech.doc GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP-4 Date Advanced: 9/1/06 Logged By: Liz Brown Excavated By: Struckman's Backhoe Service Location: See Later Site Map Plates Depth to Water Table: 10.9 Feet Depth to Bottom Of Hole: 11.6 Feet Depth Feet Field Description, w/USCS Soil Sample Sample Depth Qp Lab Test and Sediment Classification T e From -To ID Lean Clay (CL): Brown, dry, hard, 0.0-1.8 with organic material to 1.2 feet. GS 0.2-0.4 4.5 A Cemented Silt (ML): Light brown, 1.8-6.8 dry, very stiff to hard, weak calcium carbonate cementation. 3.5-4.5 Silty Sand (SM): Brown, dry to 6.8-9.4 slightly moist, medium dense to dense, indurated, with fine grained sand. Poorly Graded Sandy Gravel 9.4-11.6 (GP): Brown, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles. Lab ID M LL=#4 Sieve Analysis ETest _ A 8.1 48 #10 #40 #100 #200 99 97 93 88.1 Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mtiQmti-id.com • www.mti-id.com CoMATERIALS.. TESTING & INSPECTION September 18, 2006 Page # 24 of 25 i I Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r:\boise\2006 reports\ 1200-13 99\b613 7 1 g\b613 71 geotech.doc IDAHO METHOD - PAVEMENT THICKNESS (USING ADA COUNTY HIGHWAY DISTRICT SUBSTITUTION RATIOS) Pavement Section Design Location: Ernest Property Average Daily Traffic Count: Design Life: Traffic Index: Climate Factor: Subgrade CBR Value: R-Value of Aggregate Base: R-Value of Granular Borrow: Subgrade R-Value: Expansion Pressure of Subgrade: Unit Weight of Base Materials: Total Design Life 18 kip ESAL's: ASPHALTIC CONCRETE: Gravel Equivalent, Calculated: Thickness: Gravel Equivalent, ACTUAL: CRUSHED AGGREGATE BASE: Gravel Equivalent (Ballast): Thickness: Gravel Equivalent, ACTUAL: GRANULAR BORROW: All Lanes & Both Directions 20 Years 6.00 80 60 0.33 130 33,131 0.384 Feet 0.196923077 0.41 R-Value of Subgrade: 1.00 Subgrade Mr: - Use = 0.208 Feet 0.768 (if only aggregate base is to be considered change B 14 to B 15) 0.329 rUse = 0.333 Feet 0.772 Gravel Equivalent (Ballast): 1.901 Thickness: 1.129 Use = 1.16666667 Feet Gravel Equivalent, ACTUAL: 1.939 TOTAL Thickness: 1.708 Thickness Required by Exp. Pressure: 0.366 This number must be less than TOTAL Thickness Design (ACHD Values) Depth Substitution Inches Ratios Asphaltic Concrete (at least 2.5): 2.50 1.95 (ACHD minimums: 2.5 for local & 3 for art./collector) Asphalt Treated Base (at least 4.2): 0.00 Cement Treated Base (at least 4.2): 0.00 Untreated Aggregate Base (at least 4.2): 4.00 1.10 Granular Borrow (at least 4.2): 1:14.00 1.00 Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com MATERIALS _ September 18, 2006 TESTING & Page# 25of25 INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r:\boise\2006 reports\1200-1399\b61371g\b61371geotech.doc RESISTANCE "R" VALUE LABORATORY TEST DATA Source and Description: TP-3, 1.0'-1.5' —Clay Date Obtained: September 1, 2006 Sample ID: 5601 Sampling and Preparation: ASTM D75: AASHTO T2: X AASHTO T87: X ASTM D421: Test Standard: I ASTM D2844: I I AASHTO T190: I Idaho T8: I X Sam le B C D Densit /ft) AA NA NA Moisture Content %) NA NA Ex ansion Pressure si NA NA NA Exudation Pressure (Dsi) NA NA NA R-Value NA NA NA R-Value @ 200 psi Exudation Pressure = Less than 5** ** ASTM D2844 Note 2: Occasionally, material from very plastic clay -test specimens will extrude from under the mold and around the follower ram during the loading operation. If this occurs when the 800-psi point is reached and fewer than five lights are lighted, the soil should be reported as less than 5 R-value. I 10.0 8.0 6.0 �a 4.0 2.0 0.0 3uu R-Value @ Exudation Pressure 250 200 150 100 Exudation Pressure (psi) Copyright © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 •Fax (208) 322-6515 E-Mail mti@mti-id.com • www.mti-id.com DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SUNDIAL SUBDIVISION 2007 NOTICE THE FOLLOWING IS A VERY IMPORTANT DOCUMENT WHICH EACH AND EVERY POTENTIAL BUYER AND OWNER OF PROPERTY WITHIN THE SUNDIAL SUBDIVISION SHOULD READ AND UNDERSTAND. THIS DOCUMENT DETAILS THE OBLIGATIONS AND PROHIBITIONS IMPOSED UPON ALL HOME OWNERS AND OCCUPANTS. TABLE OF CONTENTS ARTICLE 1: RECITALS Section 1. Proj2ertv Covered ................................................ 1 Section 2. Purpose of Declaration ............................................ 1 ARTICLE II: DECLARATION........................................................ 1 ARTICLE III: DEFINITIONS......................................................... 1 Section 1. "Architectural Committee" ......................................... 1 Section 2. "Assessments" ................................... Section 3. . "Association"................................................... 1 Section4. "Board"........................................................ 1 Section 5. "Common Lots" ................................................. 1 Section 6. "Declarant"..................................................... 2 Section 7. "Dwelling Unit" ................................................. 2 Section 8. "Improvement".................................................. 2 Section 9. "Limited Assessment" ............................................. 2 Section10. "Lot"......................................................... 2 Section 11. "Member" ..................................................... 2 Section12. "Mortgage" ................................................... 2 Section13. "Owner"....................................................... 2 Section14. "Person(s)"..................................................... 2 Section15. "Plat".......................................................... 2 Section 16. "Property"...................................................... 3 Section 17. "Regular Assessments" ............................................ 3 Section 18. "Special Assessments" ............................................ 3 ARTICLE IV: PROPERTY RIGHTS .................................................... 3 Section 1. Owners' Easements of Enjoyment of Common Lots ..................... 3 Section 2. Delegation of Use .............................................. 3 Section 3. Encumbrance of Common Lots ..................................... 3 ARTICLE V: MEMBERSHIP AND VOTING RIGHTS ..................................... 3 Section 1. Membership ................................................... 3 Section 2. Voting Classes .................................................. 4 ARTICLE VI: USE AND REGULATION OF USES ....................................... 4 Section 1. Residences. 4 Section 2. Home Occupations ............................................... 5 Section 3. Vehicle Storage .................................................. 5 Section 4. Compliance With Laws and Waste ................................... 6 Section5. S............................................... Section 6. Pets 6 Section 7. ............................................ ............... Nuisance 6 Section 8. ....................................................... Common Lots 6 Section 9. ................................................... Insurance. 6 Section 10. ...................................................... Drainage ........................................................ 7 Section 11. Construction Equipment 7 Section 12. . .......................................... Dama a to Improvements 7 . ......................................... 7 \./ U ARTICLE VII: EMERGENCY MAINTENANCE ............................. . ........... 7 ARTICLE VIII: PRESSURIZED IRRIGATION SYSTEM AND WATER RIGHTS ............... 7 Section 1. Irrigation Water Supply .............................. . ......... 7 Section 2. Water Rights Appurtenant to Property ............................... 8 Section 3. Reservation of Easement .......................................... 8 ARTICLE IX: INSURANCE......................................................... 8 Section 1. Insurance ................................................. 8 Section 2. Premiums Included in Assessments .................................. 8 ARTICLE X: COVENANT FOR MAINTENANCE ASSESSMENTS ......................... 8 Section 1. Creation of the Lien and Personal Obligation of Assessments ............. 8 Section 2. Purposes of Assessments ..................................... 9 Section 3. Uniform Rate of Assessment ................................. 9 Section 4. Date of Commencement of Annual Assessments,• Due Dates .............. 9 Section 5. Effect of Nonpayment of Assessments: Remedies of the Association ........ 9 Section 6. Subordination of the Lien to Mortgages ............................... 9 ARTICLE XI: AUTHORITY OF BOARD OF DIRECTORS ................................. 9 Section 1. Authority of Board ............................................... 9 Section 2. Easement ................................................ 11 Section 3. Non -Waiver ................................................... 11 Section 4. Limitation of Liability ........................................... 11 Section 5. Indemnification of Board Members ................................. 11 ARTICLE XII: ARCHITECTURAL COMMITTEE ....................................... 12 Section 1. Charter of Architectural Committee ................................. 12 Section 2. Authority of Architectural Committee ............................... 12 Section 3. Architectural Control ............................................ 12 Section 4. Review of Proposed Improvements ................................. 12 Section 5. Inspection of Approved Improvements ............................... 12 Section 6. Review of Unauthorized Improvements .............................. 13 ARTICLE XIII: GENERAL PROVISIONS Section 1. .............................................. Enforcement ................................................. 13 13 Section 2. Severabilit<'................................................. 13 Section 3. Term and Amendment ........................................... 13 Section 4. Annexation .................................................. 14 Section 5. Duration and Applicability to Successors ............................ 14 Section 6. Attorneys Fees, ........................................... 14 Section 7. Governing Law . ................................................ 14 EXHIBIT A - LEGAL DESCRIPTION OF THE PROPERTY ............................... 16 EXHIBIT B - LEGAL DESCRIPTION OF COMMON LOTS ............................... 17 EXHIBIT C -FINAL PLAT.......................................................... 18 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SUNDIAL SUBDIVISION This Declaration of Covenants, Conditions and Restrictions for Sundial Subdivision (this "Declaration") is made effective this day of , 2007, by Gemstar Properties, L.L.C., an Idaho limited liability company ("Declarant"). ARTICLE I: RECITALS Section 1. Propertv Covered. The property subject to this Declaration is the property legally described in the attached Exhibit A, which is made a part hereof, together with any other property made subject to this Declaration pursuant to the terms herein (the "Property"). This Declaration is for the benefit of any and all Owners of any portion of the Property. Section 2. Purpose of Declaration. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, conditions and equitable servitudes (collectively "Restrictions") that will apply to the Property, and use of any and all portions thereof. The Restrictions contained herein are designed to protect, enhance and preserve the value, amenities, desirability, and attractiveness ofthe Property in a cost effective and administratively efficient manner. ARTICLE II: DECLARATION Declarant hereby declares that the Property, and each Lot, Dwelling Unit, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, used, occupied and improved subject to the following terms and Restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness thereof. The Restrictions set forth herein shall run with the land constituting the Property, and with each estate therein, and shall be binding upon any person or entity, and his/her/its successors, agents and assigns having or acquiring any right, title or interest in the Property or any Lot, Dwelling Unit, parcel or portion thereof, shall inure to the benefit of every Lot, Dwelling Unit, parcel or portion of the Property and any interest therein; and may be enforced by Declarant, any of its grantees or grantees' successors, the Association, and any Owner. ARTICLE III: DEFINITIONS Section 1. "Architectural Committee" shall mean the architectural committee ofthe Association established pursuant to Article XII herein. Section 2. "Assessments" shall mean Regular Assessments, Special Assessments and Limited Assessments. Section 3. "Association" shall mean and refer to the Sundial Subdivision Homeowners' Association, Inc., its successors and/or assigns. Section 4. "Board" shall mean and refer to the Board of Directors of the Association. Section 5. "Common Lots" shall mean all real property (including the Improvements thereto) owned by the Association for the common benefit and enjoyment of the Owners. The Common Lots are DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -1 legally described on the attached Exhibit B, which is made a part hereof. Common Lots may also be established from time to time by Declarant on any portion of the Property by describing such area on the Plat or other recorded plat of the Property, including any annexations thereto, by granting or reserving it in a deed or other instrument, or by designating it as such in any supplemental declaration. Section 6. "Declarant" shall mean and refer to Gemstar Properties, L.L.C., an Idaho limited liability company. Section 7. "Dwelling Unit" shall mean and refer to single family, attached and detached residential housing units to be constructed on each Lot. Section 8. "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed, placed upon or allowed on, under or over any portion of the Property, including, without limitation, Dwelling Units, fences, streets, roads, drives, driveways, parking areas, sidewalks, bicycle paths, curbs, landscaping, walls, hedges, plantings, trees, living and/or dead vegetation, rocks, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches, waterways, recreational facilities, grading, utility improvements, removal of trees and other vegetation, and any new exterior construction or exterior improvement which may not be included in the foregoing. Improvement(s) includes both original improvements existing on the Property on the date hereof and all later changes and Improvements. Section 9. "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Lot, directly attributable to the Owner, equal to the cost incurred by the Association in connection with corrective action performed pursuant to the provisions of this Declaration or any supplemental declaration, including, without limitation, damage to Common Lots, or the failure of an Owner to keep his or her Lot or Dwelling Unit in proper repair, and including interest thereon. Section 10. "Lot" shall mean and refer to any plot of land shown on the Plat, and/or any other real property annexed to the Property pursuant to Article XIII, Section 4, with the exception of the Common Lots. Section 11. "Member" shall mean each Person holding a membership in the Association, including Declarant. Section 12. "Mortgage" shall mean any mortgage, deed oftrust, or other document pledging any portion of the Property or interest therein as security for the payment of a debt or obligation. Section 13. "Owner" shall mean and refer to the record owner, other than Declarant, whether one or more Persons, of a fee simple title to any Lot which is a part of the Property, including contract sellers and builders, but excluding those having such interest merely as security for the performance of an obligation. Section 14. "Person(s)" shall mean any individual, partnership, corporation or other legal entity, including Declarant. Section 15. "Plat" shall mean that certain Sundial Subdivision final plat filed in Book of Plats at Pages , Records of Ada County, Idaho, a copy of which is attached hereto as Exhibit C, and made a part hereof. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 Section 16. "Property" shall mean and refer to that certain real property legally described on the attached Exhibit A, and such annexations or other additions thereto as may hereafter be brought within the jurisdiction of this Declaration. Section 17. "Regular Assessments" shall mean the portion ofthe cost ofmaintaining, improving, repairing, managing and operating the Common Lots, including all Improvements thereon or thereto, and all other costs and expenses incurred to conduct the business and affairs of the Association which is levied against the Lot of each Owner by the Association, pursuant to the terms of this Declaration or any supplemental declaration. Section 18. "Special Assessments" shall mean that portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments paid to the Association pursuant to the provisions of this Declaration or any supplemental declaration. ARTICLE IV: PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment of Common Lots. Every Owner shall have a right and easement of enjoyment in and to the Common Lots which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable Assessments for the use of any recreational facility situated upon the Common Lots; (b) the right of the Association to suspend the voting rights and use of any recreational facility by an Owner for any period during which any assessment against his or her Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Lots to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of each class of Members has been recorded. Section 2. Delegation of Use. Any Owner may delegate his or her right of enjoyment to the Common Lots and related facilities to the members of his or her family, guests, invitees or contract purchasers who reside on the Property. Section 3. Encumbrance of Common Lots. The Common Lots cannot be mortgaged or conveyed without the approval of at least two-thirds (2/3) of the Class A Members. If ingress or egress to any Dwelling Unit or other property is through any portion of the Common Lots, any conveyance or encumbrance of the Common Lots shall be subject to an easement of the Owners of such Dwelling Units and/or owners of such other property for the purpose of ingress and egress. ARTICLE V: MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 Section 2. Voting Classes. The Association shall have two (2) classes of voting memberships: Class A. Class A Members shall be all Owners and shall be entitled to one vote for each Lot owned. When more than one Person holds an interest in any Lot, all such Persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant and shall be entitled to five (5) votes for each Lot owned. The Class B membership shall cease when, and if, Declarant has sold all Lots within the Property. ARTICLE VI: USE AND REGULATION OF USES Section 1. Residences. Unless otherwise designated on the Plat, any subsequent plat, this Declaration or any supplemental declaration, all Lots shall be used for detached, single family residential purposes only, and for the common social, recreational or other reasonable uses normally incident to such use, and also for such additional uses or purposes as are from time to time determined appropriate by the Board. Lots may be used for the purposes of operating the Association and for the management of the Association if required. The provisions of this Section shall not preclude Declarant from conducting sales, construction, development and related activities from Lots owned by Declarant. In addition to the foregoing, the following specific building restrictions shall apply: (a) No Owner shall install or place any item or construct any Improvement on any Lot or the exterior of his or her Dwelling Unit or on any building without the prior written consent of the Architectural Committee. (b) No shack, tent, trailer house, basement only, split entry, manufactured, mobile or pre -built Dwelling Units shall be allowed. (c) No Dwelling Unit shall be less than 1200 square feet, excluding garages and porches, and more than two stories above ground. (d) Only one outbuilding per Lot will be allowed. All outbuildings shall be constructed of quality building material, completely finished and painted on the outside and shall be of quality and character that will be in harmony with the other buildings on the Property. (e) Fences are not required. Fences shall be of good quality and workmanship and shall be properly finished and maintained. Fences may be built of wood, such as six foot dog eared cedar, or vinyl. Chain link fences are prohibited. No fence shall be higher than six feet. Fences shall not be built closer to the front of a Lot than the corner of the Dwelling Unit on either side. The location of fences, hedges, high plantings, obstructions, or barriers shall be so situated as to not unreasonably interfere with the enjoyment and use of any other portion of the Property and shall not be allowed to constitute an undesirable, nuisance or noxious use. (f) Antennae and/or satellite dishes shall be placed in the back yards or mounted on the back DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 or side of all Dwelling Units and shall be placed and/or mounted in such a way to minimize the visual impact to all other portions of the Property. (g) Garages shall be well constructed of good quality material and workmanship. All Dwelling Units shall have enclosed garages which hold no less than two and no more than three vehicles. To the extent possible, garage doors must remain closed at all times. (h) Roofing material shall be twenty-five (25) year architectural composition shingles or other material approved by the Architectural Committee. Color must be antique black. All roofs must have a pitch of at least 6/12. (i) All Dwelling Units are required to have brick, stone and/or stucco full wainscoating on the front exposure or brick, stone and/or stucco for at least 36" on the garage height columns which can be seen from the streets. No vinyl siding, cement blocks, cinder blocks, pumice or similar materials are allowed unless covered by wood, brick, stone and/or stucco. 0) Exterior surfaces of chimneys are to be of hardboard, wood, brick, stone and/or stucco. (k) Utility meters are to be placed in an unobtrusive location and concealed where possible. (1) All gutters and downspouts are to be continuous and shall be colored to blend with the surface to which they are attached. Section 2. Home Occupations. Assuming all governmental laws, rules, regulations, and ordinances are complied with, home occupations may be conducted from the interior of Dwelling Units provided such home occupations do not increase the burdens on the streets within the Property (including increased traffic). If the Board determines, in its sole and absolute discretion, that a home occupation is increasing the burden on the streets, the Board shall have the right to terminate any Owner's ability to conduct a home occupation from his or her Dwelling Unit. Notwithstanding the foregoing, Declarant may conduct any business operation it sees fit from any portion of the Property owned by it, regardless of the impact on the streets. Section 3. Vehicle Storage. Unenclosed areas, which include driveways and all other areas within the Property, other than garages and prohibited parking areas, if any, are restricted to use for temporary parking of operative motor vehicles of guests, invitees and licensees of Owners, provided that such vehicles are parked so as to not interfere with any other Owner's right of ingress and egress to his or her Dwelling Unit. Notwithstanding the foregoing, the parking of equipment (lawn or otherwise), inoperative vehicles, motor homes, campers, trailers, boats, any other recreational vehicles and other items on the Property is strictly prohibited unless parked within an Owner's garage (and said garage door is closed) or other enclosed area approved by the Architectural Committee. Loading and unloading are permitted provided such activities do not exceed four (4) hours. In no case shall a garage be used for storage leaving no room therein for the parking of vehicles. The Board may remove any inoperative vehicle, or any unsightly vehicle, and any other vehicle, motor home, camper, trailer, boat, equipment or item improperly parked or stored after three (3) days' written notice at the risk and expense of the Owner thereof. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 1- / u Section 4. Compliance With Laws and Waste. No Owner shall permit anything to be done or kept in his or her Lot or Dwelling Unit or any part of the Common Lots which would be in violation of any laws, rules, regulations or ordinances. No waste shall be permitted in any Common Lots, Lot or any Dwelling Unit. Section 5. Signs. No sign of any kind shall be displayed on any Lot or Dwelling Unit without the prior written consent of the Board; provided however, one sign of not more than five (5) square feet advertising the Lot for sale may be installed on any Lot, but the sign shall be removed within five (5) days following sale. Notwithstanding the foregoing, Declarant may display any sign it sees fit on any portion of the Property owned by Declarant. Section 6. Pets. No animals (which term includes livestock, domestic animals, poultry, reptiles and any other living creature of any kind) shall be raised, bred or kept in any Dwelling Unit, Lot or in the Common Lots, whether as pets or otherwise; provided however, that this provision shall not prohibit Owners from having two (2) or less dogs and/or cats (i.e. an Owner may have a maximum of two (2) dogs, two (2) cats or one (1) dog and one (1) cat). The Board may at any time require the removal of any animal, including domestic dogs and cats, which it finds is creating unreasonable noise or otherwise disturbing the Owners unreasonably, in the Board's determination, and may exercise this authority for specific animals even though other animals are permitted to remain. All dogs shall be walked on a leash only and shall not be allowed to roam or run loose, whether or not accompanied by an Owner or other person. All Owners shall be responsible for picking up and properly disposing of all organic waste of their domestic dogs and cats. Section 7. Nuisance. No noxious or offensive activity shall be carried on in any Dwelling Unit, Common Lots or Lot, or shall anything be done therein which may be or become an annoyance or nuisance to other Owners. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including the Common Lots, and no odor shall be permitted to arise from any portion of the Property so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants or residents, or to any other property in the vicinity thereof or to its occupants or residents. No noise, obstructions to pedestrian walkways, unsightliness, or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or residents or to other property in the vicinity or to its occupants or residents, as determined by the Board, in its reasonable judgment, or in violation of any federal, state or local law or ordinance. Without limiting the generality of any of the foregoing, no whistles, bells or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Architectural Committee), flashing lights or search lights, shall be located, used or placed on the Property. No unsightly articles shall be permitted to remain on any Lot so as to be visible from any other portion ofthe Property. Without limiting the generality ofthe foregoing, refuse, garbage, garbage cans, trash, trash cans, dog houses, equipment, gas canisters, propane gas tanks, barbecue equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, metals, bulk material, and scrap shall be screened from view at all times. No clothing or fabric shall be hung, dried or aired in such a way as to be visible to any other portion of the Property. In addition, no activities shall be conducted on the Property, and no Improvements shall be constructed on any Property which are or might be unsafe or hazardous to any Person or property. Section 8. Common Lots. The Association shall own and maintain the Common Lots. Nothing shall be altered or constructed in or removed from the Common Lots except upon written consent of the Board and in accordance with procedures required herein and by law. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 Section 9. Insurance. Nothing shall be done or kept in any Dwelling Unit, Lot or Common Lots which will increase the rate of insurance on the Common Lots or any other Dwelling Unit or Lot. Each Owner must maintain a homeowner's insurance policy insuring the homeowner from loss by fire, theft, and all other loss or damage. Section 10. Drainage. All Lots shall be graded such that no runoff shall cross any Lot onto another Lot except within applicable drainage easements, if any. Section 11. Construction Equipment. No construction machinery, building equipment, or material shall be stored upon any Lot until the Owner is ready and able to immediately commence construction. Such building materials must be kept within the boundaries of the Lot. Section 12. Damage to Improvements. It shall be the responsibility of an Owner to leave street curbs, sidewalks, fences, utility facilities, and tiled irrigation lines, if any, free of damage and in good and sound condition during any construction period. It shall be conclusively presumed that all such Improvements are in good sound condition at the time building has begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Committee. ARTICLE VII: EMERGENCY MAINTENANCE In the event of an emergency which in the judgment of the Board presents an immediate threat to the health and safety of the Members, their guests or invitees, or an immediate risk of harm or damage to any of the Dwelling Units or any part of the Property, the Board and its agents or employees, may enter any Lot to make repairs or perform maintenance. Such entry shall be repaired by the Board out of the common expense fund if the entry was due to an emergency (unless the emergency was caused by an Member, in which case the cost shall be treated as a Limited Assessment and charged only to that Member). In addition, if the repairs or maintenance were requested by an Member, the costs thereof shall be treated as a Limited Assessment to such Member. ARTICLE VIII: PRESSURIZED IRRIGATION SYSTEM AND WATER RIGHTS Section 1. Irrigation Water Supply. Potable (drinkable) water will be supplied to the Property by United Water Idaho. Non -potable (non -drinkable) irrigation water will be supplied by a pressurized irrigation system which includes main lines, pumps, sprinkling clocks, service lines, values, and other facilities located on the Property using the existing water right discussed in Section 2 below ("Pressurized Irrigation System"). Declarant shall have the right to sell this Pressurized Irrigation System to the Association at cost and the Association shall have the right to levy Assessments to raise the acquisition cost of such purchase. The Pressurized Irrigation System will be used for all irrigation, including the irrigation of the Common Lots and Lots. The Pressurized Irrigation System will be owned and operated by the Nampa Meridian Irrigation District. By accepting a deed to any portion of the Property, each Owner hereby covenants and agrees to hold the Association and Declarant harmless from any and all liability for damages or injuries to their children, guests, agents, or invitees caused by the Pressurized Irrigation System. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 Section 2. Water Rights Appurtenant to Property. Declarant owns the water rights which are appurtenant to the Property and which will be utilized in the Pressurized Irrigation System. Upon conveyance of the Lots to Owners, Declarant will reserve in itself any and all water rights appurtenant to the Property, and accordingly, Owners of any and all Lots shall have no right, title or interest in any of said water or water rights. Declarant will allow the Association to use all or a portion of these water rights for the Pressurized Irrigation System, Section 3. Reservation of Easement. Declarant hereby reserves an easement for all retention ponds, head gates, main lines, service lines, heads, pumps and all other equipment associated with the Pressurized Irrigation System on, over, across, and through the Property to the extent reasonably required to operate and maintain the Pressurized Irrigation System. ARTICLE IX: INSURANCE Section 1. Insurance. The Association shall obtain insurance from insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Association deems necessary or advisable, which shall include, without limitation, the following policies to the extent its is possible for the Association to obtain the same: (a) Fire insurance including those risks embraced by coverage of the type known as the broad form or "All Risk" or special extended coverage endorsement on a blanket agreed amount basis for the full insurable replacement value of all Improvements, equipment and other property located within the Common Lots; (b) Comprehensive general liability insurance insuring the Association and its agents and employees, invitees and guests against any liability incident to the ownership, management, maintenance and/or use of the Common Lots. Limits on liability of such coverage shall be as follows: Not less than One Million Dollars ($1,000,000) per occurrence with respect to personal injury or death, and One Million Dollars ($1,000,000) per occurrence with respect to property damage or such amounts in excess thereof which the Association determines is commercially reasonable and prudent under the circumstances after taking into account inflation occurring after the execution of this Declaration; (c) Such other insurance to the extent necessary to comply with all applicable laws and such indemnity, faithful performance, fidelity and other bonds as the Association shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. Section 2. Premiums Included in Assessments. Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. ARTICLE X: COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association all Assessments levied thereby. These Assessments, together with interest, costs, late fees and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 \./ reasonable attorneys' fees, shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the Person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his or her successors in title unless expressly assumed by them. Section 2. Purposes of Assessments. The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Property and for any construction, maintenance, and operation of the Common Lots. Section 3. Uniform Rate of Assessment. Regular and Special Assessments must be fixed at a uniform rate for all Lots. Section 4. Date of Commencement of Annual Assessments; Due Dates. The Regular Assessments provided for herein shall commence as to all Lots on the first day of the month following the closing of the sale of a Lot from Declarant to an Owner. The first annual assessment shall be pro -rated according to the number of months remaining in the calendar year. Subsequently, the Board shall fix and notify all Owners in writing of the amount of the Regular Assessments against each Lot at least thirty (30) days in advance of each annual Regular Assessment period. The due dates shall be established by the Board, which may be annually, quarterly or monthly as the Board, in its sole discretion, shall determine. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specific Lot have been paid. A properly executed certificate of the Association as to the status of Assessments on a Lot is binding upon the Association as of the date of its issuance. Section 5. Effect of Nonpayment of Assessments: Remedies of the Association. A n y Assessment not paid within thirty (30) days after the due date shall bear interest from the date of delinquency at a rate equal to the lessor of twelve percent (12%) or the highest rate allowed by applicable law. The date of delinquency is the date which is thirty (30) days after the due date of any Assessment. Additionally, a late fee of $15.00 shall be added to and charged on each Assessment which is not paid by the date of delinquency. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Lots or abandonment of his or her Lot. Section 6. Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of any first Mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE XI: AUTHORITY OF BOARD OF DIRECTORS Section 1. Authority of Board. The Board, for the benefit of the Association and the Owners, shall enforce the provisions of this Declaration and the Association's articles and by-laws, shall have all powers and authority permitted to the Board under the Association's articles of incorporation and by-laws and this Declaration, and shall acquire and shall pay for, out of a common expense fund to be established by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 "%W� 1%� the Board, all goods and services requisite for the proper functioning of the Association and the Property, including but not limited to the following: (a) Operation, maintenance and management of the Common Lots, including repair and replacement of property damaged or destroyed by casualty loss. (b) Water, sewer, garbage collection, electrical, and any other utility service as required for the Common Lots. The Board may arrange for special metering of utilities as appropriate. (c) Maintenance and repair of storm drains located on the Property, if any, except for those storm drains located on or within the right-of-way of any street, road, alley or other land dedicated to public use. (d) Policies of insurance providing coverage for fire and other hazard, public liability and property damage, and fidelity bonding as the same are more fully described in the by-laws or this Declaration. Each Owner shall be responsible for his or her own insurance on the contents of his or her Lot, his or her additions and Improvements to his or her Lot, and decorating and furnishings, and his or her personal property stored elsewhere on the Property, and his or her personal liability or injury insurance. (e) The services of Persons as required to properly manage the affairs of the Association to the extent deemed advisable by the Board as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Property. (f) Legal and accounting services necessary or proper in the operation of the Association's affairs, administration of the Property, or the enforcement of this Declaration. (g) Any other materials, supplies, labor services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Board is required to secure by law or which in its opinion shall be necessary or proper for the operation of the Property or for the enforcement of this Declaration; provided that if for any reason such materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or Assessments are provided for particular Dwelling Units or their Owners, the cost thereof shall be treated as a Limited Assessment and charged to the Owners of such Dwelling Units. (h) Maintenance and repair of any Lot, including Improvements, if such maintenance or repair is reasonably necessary in the discretion of the Board to protect or preserve the appearance and value of the Property, and the Owner or Owners of said Lot have failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity of said maintenance or repair has been delivered by the Board to the Owner or Owners, provided that the Board shall levy a Limited Assessment against the Lot of such Owner or Owners for the cost of such maintenance or repair. (i) The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the Property or any part thereof, which is claimed to or against the Property, rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it and any costs and expenses incurred by the Board by reason of such lien or liens shall be assessed against the Owners and the Lots responsible to the extent of their responsibility. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 0) The Board shall not make any non -budgeted expenditure in excess of $1,000.00 without the approval thereof by two-thirds (2/3) of each class of Members voting thereon at a meeting called for such purpose, except for an emergency threatening the security of any Improvement on the Property. The Board shall have the absolute right to adopt any rules and regulations it deems to be in the best interest of the Property and the Owners. By accepting a deed to any portion of the Property, all Owners hereby covenant that they will adhere to any such rules or regulations. In addition, the Board shall have the absolute right to hire or otherwise contract with independent third parties to operate, maintain and manage the Common Lots, and to perform any other right, duty or obligation of the Board or Association. Section 2. Easement. The Board and its agents and employees shall have, and are hereby granted, a permanent easement of ingress and egress to enter upon each Lot for the purposes of performing repairs, maintenance and care of the Property as provided herein or for otherwise discharging the responsibilities and duties of the Board as provided in this Declaration. Section 3. Non -Waiver. The failure of the Board in any one or more instances to insist upon the strict performance of any of the terms or Restrictions of this Declaration, or of the Association's articles of incorporation or by-laws, or to exercise any right or option contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of such term, or Restriction, but such term, or Restriction shall remain in full force and effect. Failure by the Board to enforce any such term or Restriction shall not be deemed a waiver of the right to do so thereafter, and no waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed for the Board. This Section also extends to the Declarant exercising the powers of the Board during the initial period of operation of the Association. Section 4. Limitation of Liability. The Board shall not be liable for any failure of any utility or other service to be obtained and paid for by the Board, or for injury or damage to a Person or property caused by the elements, or by another Owner or Person; or resulting from electricity, gas, water, rain, dust or sand which may lead or flow from pipes, drains, conduits, appliances, or equipment, or from articles used or stored by Owners on the Property or in Dwelling Units. No diminution or abatement of common expense assessments shall be claimed or allowed for inconveniences or discomfort arising from the making of repairs or Improvements to the Property or from any action taken to comply with any law, ordinance, or order of a governmental authority. This Section shall not be interpreted to impose any form of liability by implication, and shall extend to and apply also for the protection of the Declarant exercising the powers of the Board during the initial period of operation of the Association and the Property. Section 5. Indemnification ofBoard Members. Each member ofthe Board shall be indemnified by the Association and the Owners against all expenses (including attorneys' fees), judgments, liabilities, fines and amounts paid in settlement, or actually and reasonably incurred, in connection with any action, suit or proceeding, whether civil, criminal, administrative or investigative instituted by or against the Association or against the Board member and incurred by reason of the fact that he or she is or was a Board member, if such Board member acted in good faith and in a manner such Board member believed to be in or not opposed to the best interests of the Association, and, with respect to any criminal action or proceeding, had no reasonable cause to believe that such Board member's conduct was unlawful. This Section shall extend to and apply also to the indemnification of the Declarant. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 � O.J ARTICLE XII: ARCHITECTURAL COMMITTEE Section 1. Charter of Architectural Committee. The charter of the Architectural Committee is to represent the collective interests of all Owners, and to help individual Owners who wish to make exterior Improvements. Section 2. Authority of Architectural Committee. The Association and/or Declarant is authorized to appoint the Architectural Committee. Each Owner, by acceptance of a deed for his or her Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to be bound by the terms and conditions of this Declaration, including all Architectural Committee building and other standards and the process of architectural review. Any decision by the Architectural Committee is final and binding as to all Owners. Section 3. Architectural Control. No exterior Improvement, including, without limitation, Dwelling Unit, building, deck, patio, fence, landscaping, permanent exterior affixed decoration, exterior lighting or heating, cooling and other utility systems shall be altered, erected, or placed on the Property unless and until the building, plot or other plan has been reviewed in advance by the Architectural Committee and same has been approved in writing, and an appropriate building permit has been acquired, if required by law. The review and approval may include, without limitation, topography, finish, ground elevations, landscaping, lighting, drainage, color, material, design, conformity to other residences in the area, and architectural symmetry. Approval of the architectural design shall apply only to the exterior appearance of said Improvements. It shall not be the intent of these restrictions to control the interior layout or design of said structures. Section 4. Review of Proposed Improvements. The Architectural Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties from time to time as may be assigned to it by the Board and/or Declarant, including the inspection of construction in progress. The Architectural Committee may condition its approval of proposals upon the agreement of the Owner to an additional assessment for the cost of maintenance and the payment of an architectural review processing fee. The Architectural Committee may require submission of additional plans or review by a professional architect. The Architectural Committee may issue guidelines setting forth procedures for the submission of plans for approval. The Architectural Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation floor plans, site plans, drainage plans, elevations, drawings and description of samples of exterior material and colors. Until receipt by the Architectural Committee of any required plans and specifications the Architectural Committee may postpone review ofplans. Decisions ofthe Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee, in writing, to the applicant at the address set forth in the application for approval within thirty (30) days after filing all materials required by the Architectural Committee. If the Architectural Committee has not accepted (either conditionally or otherwise) or rejected an Owner's application within this thirty (30) day period, such application shall be deemed approved. Section 5. Inspection ofApproved Improvements. Inspection ofwork and correction of defects therein shall proceed as follows: (a) Upon completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Architectural Committee. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 (b) Within sixty (60) days thereafter, the Architectural Committee, or its duly authorized representative, may inspect such Improvement. If the Architectural Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner and the Board in writing of such noncompliance within such sixty (60) day period, specifying the particulars of noncompliance, and shall require the Owner to remedy the same. (c) If upon the expiration of thirty (30) days from the date of such notification the Owner shall have failed to remedy such noncompliance, the Board may, at its option, exercise its right to enforce the provisions ofthis Declaration, by any proceeding at law or in equity on behalf of the Association, and may take such other actions as are appropriate, including the levy of a Limited Assessment against such Owner for reimbursement associated with correcting or removing the same pursuant to this Declaration. Section 6. Review ofUnauthorized Improvements. The Architectural Committee may identify for review, Improvements which were not submitted to the approval process as follows: (a) The Architectural Committee or its duly authorized representative may inspect such unauthorized Improvement. (b) If the Architectural Committee finds that the work is in noncompliance it shall notify the Owner and the Board in writing of such noncompliance. (c) Ifnoncompliance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of the announcement of the Board ruling. If the Owner does not comply with the Board ruling within such period, the Board may, at its option,exercise its right to enforce the provisions of this Declaration, by a proceeding at law or in equity on behalf of the Association, and may take such other actions as are appropriate, including the levy of a Limited Assessment against such Owner for reimbursement of the costs associated with correcting or removing the same pursuant to this Declaration. ARTICLE XIII: GENERAL PROVISIONS Section 1. Enforcement. The Association, Declarant and/or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one ofthese covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Term and Amendment. The terms and Restrictions ofthis Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instrument signed by Declarant (assuming Declarant owns one or more Lots) and not less than two-thirds (2/3) of all other Lot Owners. Amendments shall be in the form of supplemental declarations, and must be recorded in the records of Ada County, Idaho. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 Section 4. Annexation. Additional residential property and/or Common Lots may be annexed to the Property by Declarant or with the consent of two-thirds (2/3) of each class of Members. Annexations shall be accomplished by supplemental declarations to this Declaration recorded in the records of Ada County, Idaho. Section 5. Duration and Applicability to Successors. The covenants, conditions, and restrictions set forth in this Declaration shall run with the land and shall inure to the benefit of and be binding upon the Declarant and all Lot Owners and their successors in interest. Section 6. Attorneys Fees. In the event it shall become necessary for Declarant or any Owner to retain legal counsel to enforce any term, covenant, condition, or restriction contained within this Declaration, the prevailing party to any court proceeding shall be entitled to recover their reasonable attorneys' fees and costs of suit, including any bankruptcy, appeal or arbitration proceeding. Section 7. Governing Law. This Declaration shall be construed and interpreted in accordance with the laws of the State of Idaho. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 2007. Gemstar Properties, L.L.C., an Idaho limited liability company Un Jeff Hebert, Manager Steve Schmidt, Manager DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 STATE OF IDAHO ) ss. County of Ada ) On this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Jeff Hebert, known or identified to me to be a manager of Gemstar Properties, L.L.C., the person who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires: STATE OF IDAHO ) ss. County of Ada ) On this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Steve Schmidt, known or identified to me to be a manager of Gemstar Properties, L.L.C., the person who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 EXHIBIT B LEGAL DESCRIPTION OF THE COMMON LOTS Lot 5, Block 1; Lots 6 and 22, Block 2; and Lot 3, Block 3 of Sundial Subdivision, according to the official plat thereof, filed in Book of Plats at Pages through , Records of Ada County, Idaho. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 EXHIBIT C SUNDIAL SUBDIVISION FINAL PLAT See attached. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 9-0900-mbe~ .... TRANSMITTAL 0 Stanley Consultants TO: Sonya Allen City Planner DATE: June 8, 2007 Meridian City Of P&z PROJECT: Sundial Sub 660 E Watertower, Ste 202 LOCATION: Meridian, ID 83642 PROJECT NO.: 19708 SUBJECT: Final Plat App (PP-06-060) CONTRACT NO.: WE ARE SENDING YOU THE FOLLOWING ITEM(S): ATTACHED 0 UNDER SEPARATE COVER X❑ HAND DELIVERED VIA FAX VIA EMAIL THESE ITEMS ARE SUBMITTED: AT YOUR REQUEST FOR YOUR REVIEW AND COMMENT Q X FOR YOUR APPROVAL FOR YOUR SIGNATURE FOR YOUR FILES FOR YOUR USE FOR YOUR INFORMATION OTHER :................................................................ QTY. DESCRIPTION 1 Complete & signed Commission & Council Review Application 1 Narrative fully describing the proposed project 1 Legal Description (metes and bounds) 1 Recorded warranty deed for the subject property 1 Affidavit of Legal Interest signed & notarized by the property owner 1 Scaled vicinity map showing the location of the subject property I Fee $1,664.00 1 Statements of conformance with city action numbers in above Narrative 1 Copy of the approved preliminary plat (8 %2 X 11) 1 Copy of the "final" Ada County Street Name Evaluation Letter 1 Detail of proposed amenities (tot lot and barbeque area) 2 sets Construction Plans 1 set Storm Drain Calculations 1 Engineer's signed, stamped statement certifying centerline elev 32 Final Plat copies folded (18 X 27) 1 Reduction of Final Plat pages 1 & 2 (8 1/2 X 11) 4 Signature sheet of final plat folded (18 X 27) 3 Landscape plan full size folded I Reduction of landscape plan (8 1/2 X 11) I Disk in Auto Cad format of final engineering plans I PDF version of Preliminary Plat, Final Plat and landscape plan John Bilderback, P.E. DISTRIBUTION: by don woods SIGNED BY: (w/Geo Tech Report) 1940 South Bonito Way • Suite 140 • Meridian, ID 83642 • phone 208.288.0573 • fax 208.288.0574 email: info@stanleygroup.com • Internet: www stanle consult t y an s.com SC5021 R3 0107 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lots 1 through 7, Block 1; Lots 1 through 22, Block 2; and Lots 1 through 3, Block 3 of Sundial Subdivision, according to the official plat thereof, filed in Book of Plats at Pages through Records of Ada County, Idaho. ' DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -16