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HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST Project Name: Sond Subdivision File No. MFP 07-002 Contact Name: Gabe Welz / Van Elg Phone: 939-4041 Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: Hearing Date: N/A and ❑ Planning and Zoning Commission Recommendation: ❑ Approve 0 Den Notes: y City Council Level: Hearing Date: April 10, 2007 0 Transmittals to agencies and others: March 13, 2007 EJ Notice to newspaper with publish dates: 03/19/07 and 04/02/07 ❑ Certifieds to property owners: 1^ . -.S —y _ `� �D � MA - Findings ❑ City Council Action: ❑ Approve ❑ Den ❑ / Conclusions / Order received f tt rom a orney on: Findings / Conclusions / Order: ❑ Approved by Council: F Ra:oluporss: - nal Res/Copy Cert. Minutebook C°PYRes/C°PyCarr CiNClek ❑ Copies Disbursed: Gty Enpinaer CiyPlanner ciyglt_., ❑ Findings Recorded Sladinp Cobfie----------- Protpuect File Dety Clerk Copy Res / Cnpmal Cart Development Agreement: Ada C°untyCPAs Ppplicenl (non�CPAs) Recorded Ordnencm ❑ Sent for signatures: Cnpinal Minutebook l— Copt atyClent ❑ Signed State Tan Comm. S��TrS=g °` by all parties: .dta Approved b pp y Council: cirygnoma f City Elainee Cir,j after ❑ Recorded: Proec(file ApPkant (i/ aPP1) Deputy Clark Flndnps / OnIers: Copies Disbursed: Cnpinel: Minuebook C°Pieate Applicant Project Ordinance No. Resolution No. file CityEnaneer ciNPlemer CiN ❑ Approved by Council: Alromey Depu"Clark •• Record Macedon Flndnps •• Development Ayreemenb: CCpinal: Firepmol File ElProRecorded Recorded: Deadline: 10 days °oPiesto le ^' ❑ Published in newspaper: tecttfile City Eno.... ctyplanne, Copies Disbursed: Cityq�mey Deputy ClarM Notes: �CITY OF �.l TRANSMITTALS TO AGENCIES FOR COMMENTS ON �n DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN IDAHO tirt. "'`'t,e.-r„E.,,SUREV I- To insure that your comments and recommendations will be considered by SINCE MAYOR 1903 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 Shaun Wardle 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: April 3, 2007 Transmittal Date: March 13, 2007 File No.: MFP 07-002 / VAR 07-004 Hearing Date: April 10, 2007 Request: Public Hearing - Modify site specific requirements #12 & #13 of the Sond Final Plat and Variance to UDC 11-2A-5 to temporarily allow existing buildings to encroach into the required setbacks for Sond Subdivision (Lot 4, Block 1 and Lots 3 and 4, Block 3) By: Dimension Properties Location of Property or Project: 1155 and 1123 N. Black Cat Road Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (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/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. Sourth of RR / SW Meridian: NW Pipeline CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper Type of Review Requested (check all that ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Final Plat Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) Variance ❑ Other Information Applicant name: Planning Department COMMISSION & COUNCIL REVIEW APPLICATION STAFF USE ONLY: File number(s): - l l l �� 91 . Project name: Date filed: _q*: D ate complete: z Assigned Planner: = �Jr` A) Related files: Hearing date: 4gJll Lhf ❑ Commission (Council Applicant address: 1?j l'Z`-� (�� zs L. Applicant's interest in property: ] Own ❑ Rent ❑ Optioned ❑ Other Ownername: �w�a��a►� �7�st'rj� l7�ttr� �c� r�r�u� Owner address: Agent name (e.g., architect, engineer, developer, representative) Firm name: Address: '(o.2 F. 41"Vvw : /_ lw r, C i Primary contact is: 'nApplicant ❑ Owner )0 Agent ❑ Other Contact name: &3W� E-mail: Subject Property Information Location/street address: '/' //,� 3 Phone: 8 5'+— i7),-1, Zip: P57) 5 Phone: Zip: Phone: "!39 -goy// Zip: V31_Pl�e Phone: Fax: 5 39 —44q S Assessor's parcel number(s): 5 104oi 4/ _ ` �� r Township, range, section: `,mac/ d P Nc/y g T3N%'oial acreage: 0 /7S ac1� nq f �i�' S JabQj 5fa 0�0� // tr5 s 09/k-fa036 Current land use: (Sid :21 Current zoning district: �RZ 4- 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiay_ nc_ it__ org 1 Project Description C Project/subdivisionname: General description of proposed project/request: Nla- , I'ry h'n�4 b- Ate- "� ►y za�rz L. j k�nc Uf rTi L Proposed zoning district(s): h. — nrL c Acres of each zone proposed: _gyp Type of use proposed (check all that apply): 1, Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): N,4-- Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within?r Primary irrigation source: N '-- ,Secondary: N P ` Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): f.l� Residential Project Summary (if applicpct- able)l_t Qt'r'Iz�ye,� (h; �R Number of residential units: 2-1—Number of building lots: 2 Number of common and/or other lots: a Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): r— Proposed building height: — Minimum property size (0): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwellings) proposed: Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots:_ Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Other lots: Existing (if applicable): Building height: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: -- Number of compact spaces provided: Authorization Print applicant name: V'.." L-- Applicant signature: 660 E. Wate w tel ane, Su' e 2 Date: _rZ1F?� 16, Phone: (208) 884-5533 • Meri pan, Idaho 83642 Fa imI e: 4 • Website: www.meridiancity.org 2 Sond Subdivision Application Narrative and Request Sond Subdivision (known as Sunstone Subdivision during the hearing process), is near completion. Unfortunately, during this process, a detail was apparently overlooked that now causes the owners a significant problem in their ability to record the final plat. Approval by City Council is required in order to proceed. Site Specific Requirements # 12 and # 13 are the subject of this final plat modification application and the accompanying variance request. Site Specific Requirement #12 requires the following: "Remove any buildings that do not meet setback requirements, prior to signature on the plat by the City Engineer." Site Specific Requirement #13 requires the following: "If any of the existing buildings are to remain, the applicant shall be responsible for the payment of assessments and the actual physical hook-up to City services " As noted in the original documentation, two dwellings (along with a few sheds, etc.) exist on the property. There was discussion at the beginning of the project to incorporate the existing homes into the subdivision; however, it was ultimately decided that both homes must be removed in order to make the project viable. Their intent was to construct their two new homes within the development and then remove the two existing homes. The requirement to remove the homes, pay the assessment, and connection to City Services, prior to recordation of the final plat, is causing the owners significant difficulty —as they currently reside on site. Again, their desire is to be able to construct their new homes and then remove the existing homes. Final Plat Modification (Site Specific Requirements) With respect to the modifications of the Site Specific requirements, we ask City Council to approve a couple of minor/temporary modifications so that we can proceed with the recordation of the Final Plat: 1. Modify Site Specific Requirement #12, to provide a reasonable window of opportunity, by allowing the owners to reside in their two existing residences (temporarily), record the final plat, complete construction of the two replacement residences, and then remove the existing residences from the site. Potential solutions may include initiating a 1 year time frame for removal (from date of final plat recordation) and/or the placement of building permit restrictions on all of the affected lots —until such time as the homes are removed and the landscaping complete. Note: that General Requirement #3 requires a surety for all uncompleted landscaping. We wish to point out that Lots 1 (common) & 4 (buildable), Block 1 will require a surety for uncompleted landscaping on Lot 1—since the landscaping will be cannot be completed until the existing home is removed. This is added incentive to complete the removal. 2. Modify Site Specific Requirement 413 to provide an appropriate window of opportunity for the completion of the new homes and removal of the existing residences prior to requiring payment of the assessment and connection to public services (which would be temporary). The owner is committed to removing all existing dwellings and accessory structures as required. In fact, we understand that the accessory structures may be removed by the time Council hears this request. We ask that the timing of this requirement be modified to allow for a similar window of opportunity (as described above). Variance Request: Along with the modification to the site specific requirements, staff has indicated that a Variance request would be the best approach for consideration/action by Council regarding consideration of the related set back issues. Due to the location of the existing/temporary residences and accessory structures, in relation to the lot lines shown on the Final Plat, the structures clearly do not comply with the set back requirements of the R-4 zone (see attached Exhibits and references to Lot 4, Block 1—north side of project, and Lots 3 & 4, Block 3—south side of project). A temporary (not permanent) variance is essential. Again, approval of this variance will be temporary in nature — allowing the owners to record the final plat, construct their new homes, and then remove the existing homes. Once the homes are removed, they will be able to complete construct the remainder of the landscaping (supported by a surety) and remove possible building permit/deed restrictions for the three affected lots (see Lot 3, Block 3; Lot 4, Block 3, and Lot 4, Block 1). Obviously for a development of this size, the temporary loss of three building lots has a significant impact —and the owners have significant interest in proceeding as expeditiously as possible. In addition to our comments, staff asked that we provide some statements regarding the required Variance application: 1. In the view of the circumstances and ultimate outcome, we don't believe the variance grants a special right or privilege, rather, the owner understands and agrees that the dwellings will be considered very temporary and must be removed (per instructions) in order to proceed with their development plans on the property. 2. Due to the lot line configurations of the final plat, the existing residences must be removed and/or a temporary variance approved (as requested) in order for final platting to proceed. It will be a significant hardship (and waste of resources) for the owners to have to move just to record the plat — when they plan to move right back to the subdivision a short time later. 3. The owners agree to connect all residences to public services. We believe that a temporary window of opportunity for the connection or removal of the existing residences, and allowing the final plat to proceed/record will not be detrimental to the public health, safety or welfare. See also Site Specific Requirement # 13. It should also be noted that with the recordation of the final plat, an existing access drive to Black Cat road will be eliminated because the existing home on Lot 4, Block 1 will be able to take internal access —improving the overall safety of the roads. We sincerely request that the City Council allow these owners to press forward with the recordation of their final plat by granting these minor adjustments/windows of opportunity to the Final Plat Site Specific Requirements and by granting a temporary Variance approval as noted above. Sincerely, The Land Group, Van Elg Planner Ar Zvnctrcape Architecture Site Planning • Civil Engineering • Golf Course Irrigation , Engineering 0Graphic Communication Sun eying 100 462 E. Shore Drive, Ste. , Eagle, Idaho 83616 9 P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com SONDEREGGER /V H F7 z � D a D z d p F9 < m Fri � .� _ BLACK CAT ROAD Sond pub. ---Zoning Map SCALE 1 : 4,762 200 0 200 400 600 FEET Sond Sun. ---Subdivision Map SCALE 1 : 4,762 200 0 200 400 600 FEET i Sond 3ub.---Aerial Map SCALE 1 : 4,762 200 0 200 400 600 FEET Sond-Sub.--Radius List SCALE 1 : 4,762 200 0 200 400 600 FEET V) GVOU id- �iwla 'N H Q Q 0 z 0 N I I W J Q U U) I� a� LO� t 07a W U Z W (N W Of Of W 0 CD W W Z O N C� Z F- L x W EmN3Ad vNnd 'N Ld CV O m W of W m O H W U N } O N N W U U Q Z N X W SONDEREGGER BLACK CAT ROAD .o 0 rf i D A mm N8" u z az I ?5 D J09 HUUBai 0305-2624 P-2.0 -r vh �n �y 7 � 4II7 SAI SUNSTONE SUBDIVISON oBxBxer Bea _CONCEPTUAL CONSTRUCTION PLAN ROYLANCE AND ASSOCIATES, P.A. Ba xx n sxsx Engineers Surveyors LandplannersI mx 391 W State Street Suite E Eagle Idaho 83616 (208) 939-2824 x/� Meeting date: April 10, 2007 File No.: MFP-07-002 Project Name: Sond'�'( Request: Request to modify site specific requirements #12 and #13 of the Sond Final Plat. Location: 1155 and 1123 W. North Black Cat Road, west side of Black Cat Road approximately '/4 mile south of Cherry Lane; Township 3 North, Range 1 West, Section 9 File No.: VAR-07-004 Project Name: Sond Request: Variance to UDC 11-2A-5 to temporarily allow existing buildings on Lot 4, Block 1 and Lots 3 and 4, Block 3 to encroach into the required setbacks. Location: 1155 and 1123 W. North Black Cat Road, west side of Black Cat Road approximately'/4 mile south of Cherry Lane; Township 3 North, Range 1 West, Section 9 MAR 0 8 2007 City Of Meridian City Clerk Office COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the abovquirements and will comply with the posting requirements as stated in UDC 11-5A-5. Date Citv of Meridian Pre -application MeetinLy Notes Date: i 2 t o� Project/Subdivision Name: 5 Applicant/Contact: :_ c~sb A . C 1a,v vJ City Staff: C hl Q In tiM , rr -� }./ Location: 3 I a c k Existing Zoning: Q - Z '2-L-( Contiguous and Within AOI (AZ only): -- Proposed Zoning: — Number of Units and/or Lots• 2 3 Property Size: Surrounding Uses re Dwelling Type (if residential):T— Comprehensive Plan DesignaYlon(s): QesJh-61 Street Buffers and/or Land Use Buffers: Z !;�' Open Space/Amenities/Pathways: N/ /� Street System/Stub Streets/Access: NI ✓10 aCC e 5 S -b gl o,r l� CH + lCeeaiv� +e vv� Sewer and Water Service: F f r c ,� c Topography/Hydrology/Floodplain ssues; Canals/Ditches/Irrigation and/or Hazards: History: P-,\,\ l,AA �,P P r �� 1 �`_ Additional Meeting Notes:caw e ade 1AA tI l ;men f-e 7 J.. cc A a V. 11\ Ord 11 k �0'-"J v11IA f&A iA .A n �Se� .� (- ( l W o 5A- ,1�e b2 4 e Cb inn �encies/De artments to Contact (circle): 0 i hwa Distric Nampa and Meridian Irrigation Idaho Transportation Department Settlers Irrigation Sanitary Services Corporation Fire Department Central District Health Police Department Applications Required (circle all that apply): Accessory Use Design Review Alternative Compliance � lat o i ication Annexation Misc. (DA Modification) Certificate of Zoning Compliance Planned Unit Development Comp Plan Map Amendment Preliminary Plat Comp Plan Text Amendment Private Street Conditional Use Permit Rezone e � hoc-se`61CA3 bl >✓14. SZCn7 k"')cxl 14 nu­p cy� Parks Department Public Works Department Building Department Other: ShortPlat Time Extension UDC Text Amendment Vacation ariance Ot f Tenr �„ r� �,t � Lid Additional Pre -Application Conference (circle one): Required Not Required Anticipated Submission Date: ? " O Anticipated Hearing Date: o �okj - ier NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-SA-SC, prior t submittal of an application requiring a public hearing. 2) Except for UDC Text Amendments, Comprehensive Plan • S ��� Text Amendments and Vacation applications, all other applications requiring a public hearing shall be posted in accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current City Code and Comprehensive Plan. Any subsequent changes to City Code and/or the Comprehensive Plan may affect your submittal and/or application. This pre -application meeting shall be valid for 6 months. e)(-Ai r>rr 4 February 16, 2007 Meridian Planning and Zoning Department 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 RE: Sond Subdivision —FP modification and Variance Request Dear City of Meridian, Attached you will find the requested application material to help facilitate the processing of the above noted requests. Please let us know if you need any additional information. We appreciate your guidance during this process. Sr. Flanner Ir Landscape Architecture -Site Planning •Civil Engineering • Golf Course Irrigation & Engineering •Graphic Communication •Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 0 P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com Roylance & Associates,..A. 391 W. State Street, Suite E, Eagle, Idaho 83616 August 31, 2005 Project No. 2624 Legal Description Sunstone Enterprises Property Boundary 11.17 Acres Engii rs • Surveyors • Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 A tract of land situated in the Northeast One Quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at brass cap monumenting the North One Quarter Corner of Section 10, thence following the northerly line of said Section 10 North 89°36' 18" West a distance of 2645.04 feet to a brass cap monumenting the Northwest Corner of said Section 10 and the Northeast Corner of Section 9 and on the centerline of North Black Cat Road; Thence leaving said northerly line of said Section 10 and following said centerline and the easterly line of said Section 9 South 00°00'00" West a distance of 1324.43 feet to a point; Thence leaving said centerline and said easterly line North 89°5 F57" West a distance of 48.00 feet to the POINT OF BEGINNING; Thence South 00°00'00" West a distance of 475.50 feet to a point; Thence North 90°00'00" West a distance of 1,020.79 feet to a point; Thence North 00°00'00" East a distance of 477.89 feet to a point; Thence South 89°5l'57" East a distance of 1,020.80 feet to the POINT OF BEGINNING. The above -described tract of land contains 11.17 acres, more or less, subject to all existing easements and rights - of -way. Prepared By: ROYLANCE & ASSOCIATES, P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 208-939-2824 208-939-2855 (FAX) ,��►�'1STB�et,�t'p� a�11575,,�� OF l 9 his 1�1 X:\Projects\Benchmark\2624\Admin\Legals\Boundary Description.doc N..� cu r ri In r- IL lul 0. a 00 .0 0 Im ZIA IL IL 77� 7 6A 5. 2 0 "a 0 0 cu tJ ii = 0 m Z 4.. . E Ej C CL OD rn r4 `.i ANDERSON DAVID 1042 N GLAMORGAN AVE MERIDIAN, ID 83642-0000 BERRY MILES G 1299 N BLACK CAT RD MERIDIAN, ID 83642-5362 BLAIR WILLIAM 855 N BLACK CAT RD MERIDIAN, ID 83642-5323 BATES BRIAN 1053 N GLAMORGAN AVE MERIDIAN, ID 83642-0000 BERRY NELSON NEIL 1293 N BLACK CAT RD MERIDIAN, ID 83642-5362 BURT ROBERT J 1123 N BLACK CAT RD MERIDIAN, ID 83642-0000 BENSON FAMILY TRUST 5239 W SUNFISH LN MERIDIAN, ID 83642-0000 BLACKSTONE HOMEOWNERS ASSOCIATION INC P O BOX 44739 BOISE, ID 83711-0000 CAMPBELL TOMMY D 4997 W SUNFISH LN MERIDIAN, ID 83642-0000 CASTLEBROOK SUB #1 HOA CENTENNIAL DEVELOPMENT DELANEY BRANDON INC LLC 4787 W BIG CREEK ST 6223 N DISCOVERY WAY # 120 2364 S TITANIUM PL MERIDIAN, ID 83642-0000 BOISE, ID 83713-0000 MERIDIAN, ID 83642-0000 DIMENSION PROPERTIES LLC FISHER JUDY J GARCIA JOSEFINA PO BOX 140251 4831 SUNFISH LN 1087 N GLAMORGAN AVE BOISE, ID 83714-0251 MERIDIAN, ID 83642-5345 MERIDIAN, ID 83642-0000 GOETT FARIDEH 4125 HOLLAND DR PLEASANTON, CA 94588-0000 HAWK PAMELA NOEL 4786 W BIG CREEK ST MERIDIAN, ID 83642-0000 HUGHES TIM 5038 W EL GATO LN MERIDIAN, ID 83642-0000 MCDOUGAL JACK L 1035 N BLACK CAT RD MERIDIAN, ID 83642-5323 GOLAY KELLY C 1058 N GLAMORGAN AVE MERIDIAN, ID 83642-0000 HIRSBRUNNER SHIRLEY J 5287 SUNFISH LN MERIDIAN, ID 83642-5345 HUNT JACOB R 4703 W BIG CREEK ST MERIDIAN, ID 83642-0000 MERIDIAN CITY 33 E IDAHO AVE MERIDIAN, ID 83642-2631 HANSEN JOSEPH 1088 N GLAMORGAN AVE MERIDIAN, ID 83642-0000 HOLMES JEFFREY 1112 N GLAMORGAN AVE MERIDIAN, ID 83642-0000 MARIN DANIEL T 530 TREYBURN CIR SAN RAMON, CA 94583-0000 MURPHY ANDREW 1062 N GLAMORGAN MERIDIAN, ID 83642-0000 MUSTAGOG ALBERT J PETTINGILL JAMES A & RAPHAEL DAVID 4752 W BIG CREEK ST MARILYN J 1121 N GLAMORGAN AVE MERIDIAN, ID 83642-0000 5150 EL GATO LN MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-5346 u u SEGERS REVOCABLE LIVING TRUST 3120 WANDERING WAY LINCOLN, CA 95648-0000 THIBAULT THOMAS 5322 W CHERRY LN MERIDIAN, ID 83642-0000 or. etc' !ao SONDEREGGER FAMILY TRUST 1155 N BLACK CAT RD MERIDIAN, ID 83642-0000 THOMAS KAREN D 1133 N BLACK CAT RD MERIDIAN, ID 83642-0000 TAYLOR ESPERANZA ZARUR 4747 W BIG CREEK ST MERIDIAN, ID 83642-0000 WHITE DENE L 457 URBAN RD RENO, NV 89509-0000 CC) -A -0- M_ TY OF MERIDIAN FLA !ING AND PUBLIC WORKS DEPAR',.,,�NTS STAFF REPORT The applicant has indicated that the Homeowner's Association will own and maintain the pressure irrigation system within this development, therefore plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system Operations and Maintenance manual must be submitted prior to plan approval, with the final draft being submitted prior to signature on the plat on the fnaI phase of this development. 3, The applicant is proposing to use City of Meridian potable water as the main source for the pressurized irrigation system, therefore they shall be responsible for the payment of well development fees for each buildable lot. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Since a single -point connection is to be used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. 6. Sanitary sewer service to this site shall is being proposed via extensions from existing mains in N. Black Cat Road. They flow to the yet to be activated Black Cat Lift Station, Certificates of Occupancy shalt not be issued until the Black Cat Lift Station is activated. 7. No manholes or water valves shall be allowed to be in the landscape islands. If sewer or water mains are routed underneath the landscape islands no trees shall be allowed, coordinate with the Planning Department for compliance with landscape requirements. 8. Applicant shall submit a License Agreement with NMID for the encroachment of the Kennedy Lateral prior to the City Council meeting. 9. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making. them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service, 10, Revise the face of the plat to include boundary length and bearings for Lot I Block S. 11. There shall be no parking on the cul-de-sae at the terminus of W. (key Towers Street. The applicant shall coordinate with the Meridian Fire Department on proper signage and/or curb painting to denote the no parking restriction. 12. Remove any buildings that do not meet setback requirements, prior to signature on the plat by the City Engineer, 13. If any of the existing buildings are to remain the applicant shall be responsible for the payment of assessments and the actual physical hook-up to City services. 14. The approved preliminary plat depicts an existing ingresslegress easement, prior to signature on the final plat provide documentation that this easement has been vacated. IS. If the applicant is going to record the temporary turn -around easements as a separate document include the instrument number for the turn -around on the face of the plat. Exhibit "A" FP-06-008 Sond Subdivision (preliminary platted as Sunstone Subdivision) FP:doc PAC 11-2A-5: MEDIUM LOW-DEN^ITY RESIDENTIAL DISTRICT'R-4): Dimensional standards for development in the R-4 residential district shall be as follows: TABLE 11-2A-5 DIMENSIONAL STANDARDS FOR THE R-4 DISTRICT R-4 Standard Requirement Minimum property size/dwelling unit (in square feet) 8,000 Minimum street frontage (in feet) 60 Rear setback (in feet) 15 Interior side setback (in feet) 5 Street setback 1 to garage (in feet): Local 20 Collector 25 Street setback 1 to living area (in feet): Local 15 Collector 25 Street landscape buffer (in feet). - Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height (in feet) 35 Minimum living (in square feet): Detached 1,400 Attached 800 Minimum ground floor area for multi -story units (in square feet) 800 Note: 1. Measured from back of sidewalk. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) E01rt, > < Z 11-513-4: VARIANCES: A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title. B. Applicability: The provisions of this section shall apply to requests to vary from the requirements of this title with respect to lot size, width, and depth; front, side, and rear setbacks; parking spaces; building height; and all other provisions of this title affecting the size and shape of a structure or the placement upon properties. C. Process: 1. The applicant shall complete a preapplication conference with the director prior to submittal of an application for a variance. 2. An application and fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the director on forms provided by the planning department. 3. The council shall apply the standards listed in subsection D of this section and all the findings listed in subsection E of this section to review the variance. D. Standard: The variance shall comply with Idaho Code section 67-6516. E. Required Findings: In order to grant a variance, the council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; and 3. The variance shall not be detrimental to the public health, safety, and welfare. (Ord. 05-1170, 8-30- 2005, eff. 9-15-2005) L` HtRAT STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST i a c G Ca+ P A (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harm -less from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this c _ day of .20 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ley.,,, (Notary P e for Idaho) Residing at: T�OTAR�, •: g • My Commission Expires: PUBLI OF ID �;.••`` AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) c,'v �� �n�!`�,Ps 3 iL� '�i crsfM'V7um LN ^� (name) (address) ln;S2 X,6L/IC` . (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: (tee) �— (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this D day of I'eio rv-'-'J`u 20 0 i i ignature) SUBSCRIBED AND SWORN to before me the day and year first above written. ��.•`�gBl S T ••.,� �••••••••••.•� p •., (NotazyrAfic for Idaho) •. by s, t10Tq •.� Q Z Residing at: . My Commission Expires: /�- • A i . �'••.•••••10 p ,.�.• ••••••••••a STATE OF IDAHO COUNTY OF ADA AFFIDAVIT OF LEGAL INTEREST l i'13 iV (name) (address) (city) -- (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: 1TA& Lam . 4cZ e. soma *-rco , (tee) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 13D day of 20 D (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. .•• BOBB '•., •'• Npr•'•. (Notary blic for Idaho) -4 � G '� �� I Z s Residing at. 10 •'• I C 0 00 My Commission Expires: l -- IZ001/002 _ Idaho Secretary of State 09/28/2000 12:00 FAX 334 2080 REINSTATEMENT Anua eport Form n 2. uxs Mae NOT A P.O. BOX No. W 39LSG ADMIN DISSOLVED 09111Mn6 DAVID BOWMAN 5806 N CAPE ARAGO PL SECRETARY OF STATE MO WEST JEFFERWN DIMENSION PROPERTIES LLG B018E, t0 83714 PO Box 83M BOISE, ID 83720-0080 PO BOX 14W52i- 114 0261 8 I raostered agent s19raturo FEE DUE S30.00 SpjSE, ID 83714 Enter Namms afb firms Addresses 01 pfrsidsnt, 6ecfemry and Dlreews 4 Companies: Ender Names and Addresses Of O Managers Of O 169RrbefO (Check one) SMO er PO. Acitj►98& �.,�ol �awM�v 5808 Al. � �jo P1 � � � � �-rT '�re�r�cicsoN ��„ A S"p3G 'Ai,C'y.e 4-&,p tri +�ckSa�J � Ln rf . rf /-% �n�ki� Pl l� r3�wNt,.v� gBaB M"` ,► n 8,3 �yL /j?er'�a�arJ 8. 4. _ j-Z r..-_..�— � Signature =A.HO —�>, a ' °" —.4 7u �, „tea Name � �" *a r�r J��� b�y �(KAi� rcCl iod ng^ ' CD cn ADA COUNTY RECORDER J. OUID NAVARRO AIMUNT 9.90 BOISE IDAHO 0311SID6 04:30 PM DEPUTY Patti Thompson RECORDED- REOUEST Of Alliance Title OJE HERE--- 7 7f,;PS A TRUE AND E)WT z,£'W' GA C)AtGINAL. AWAKE ',1TtF 3 ESCROW CORF Order No.: AT-500052"20NIFINI DEED OF TRUSt THIS DEED OF TRUST, Made this March 15,2006 BMVEE."- Dimension Properties, LLC, an Idaho Corporation herein called GRANTOR, whose address is: P 0 Box 140251 boise, ID 83714 AND Alliance Title & Escrow Corp, herein called TRUSTEE. AND J. Robert Burt and Virginia G. Dart Husband and Wife, herein called BENEFICIARY, whose address is 1123 N. Black Cal Road Meridian, ID 8331(42. *ArITNESSETH. That Grantor does hereby irrevocably GRANT, BARCiAIN, SELL AND CONVEY TO TRUSTEE IN TRUST WITH POWER OF SALE, that property in the county of Ada, State of Idaho, described as follows and containing not mare than forty acrcsj EXHIBIT A A tract of land situated in the Northeast One Quarter of Section 9, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows-. Commencing at a brass cap monurnenting the Northeast Corner of said Section 9 and on the centerline of North Black Cat Road; thence following the Easterly line of said Section 9 and said centerline, South 00*0'00" West a distance of 1,528.21 feet to the POINT OF BEGINNING; thence following the said Easterly line and said centerline, South 00100'00" West a distance of 271.61 feet to a point; thence leaving said Easterly line and said centerline, North 90'00'00" West a distance of 1,068.79fithet to a point-, thence North 00100'00" East a distance of 274.11 feet to a point; thence South 89151'57" East a distance of 1,068.79 feet to the POINT OF BFGIN;NING. EkCEPTlNG THEREFROINI: A tract of land situate in the Northeast One Quarter of Section .9, Township 3North, Range I West, Boise Meridian, City of Nleridian,Ada County, Idaho, described as follows: Commencing at a brass cap monumenting the Northeast Corner of said Section 9 and on the centerline of North Black Cat Read; thence following the easterly line of said Section 9 and said centerline, South 00'00'00" NVest a distance of 1,799.82 feet to a point; thence leaving said Easterly tine and said evriterlinc. North 90'00'00" IiVest a distance of 233.00 feet to the POINT OF BEGINNING; thence North 90100'00" West a distance of 159.90 feet to a point. thence North 00103'57" West a distance of 100,00 feet to a point-, thence North 89'59'32" East a distance of 160.00 feet to a point; thence South 00*00'31" East a distance of 100.00 feet to a the POINT OF BEG INNUNG. ALSO EXCEPTING T14FRFFROM: Any portion lying within the right of way of Black Cat Road. 5TJT" T T11lo and cOn %VEVLR, 10 lb- light. pounce and w,--.onty b x)4JJFFR WITI I thei*so" and profits t""00f, r-,CL It() f`r'd OPOn Dcr-'�fK'Atv W "f0a and apply wets. ;slues and pToin& Far he Purpose a(Nmurng p2,nxnt of the indebtedness etdenced by aimmssory nofz, in the sure of $225-(M*0, �t� PaYrr=--t dme Within,30d&.vs Oft-oiltifetiun -ftht Lat'6 ".Completion" it defin"I as r-mcivi"R a cffnf"`ate 0(()cruP2QfY from tht Oty of Mtridiaw0et. 31, 2W and m Mine payrftnt Of 13 614c" fatthcT Tunis - 7m, f�rrrjfk; lin kiance il, i dvanc,N! by 11u, Hinx.liciary herein to Orr (kiijoft ,ftjn.Or ;,n)r 0 tittxr f than. %i, It ictutd ~.an of P r-'Wt oltan4 (L�r any purpwz, and satanydi 10=5. ot cxptndit�,Ves "'ns Of Ot'zr $rch funhcr traking of siich Curther Inans, iidE*90�" with 'ritere"t on all such 9w)U 41 'k lak I"Clen PION tdcd, Fini%tdcJ�,howt,, c"'llial the vaprr� �jr with the Bk4leficiary. and provide' fwthrr, that it is the P1 express mttmtipn of the parties to titis Detxl of Trust that it shad': stand as conlinueng security unt t paid for ail such advancts tergetlrer with. interest dwe 'r. A. To protect the security or this Dead of Trast, i irautor Agretst To keep Said property in Food ct Jitior, and repair, act to tcrnon r or *—fish an, building ihcica t, to coroplcxr in reswre pro ptly and in good and wvnisrnamike nunnur any building which may be ctnsttrnted, damaged or destroyed thereon and to Pay when dur all Clain, for labor performed and nratcrials furnished €here -for; to cnrr ply with All laws affecting said property nee reuniting any Air; atinnc or improvcrnenti a> he male dteeeon, not to cc nnnit or permit waste nuepsot not to commit, suffer cur prrtin any act upon said property in vuda€fort of !aw; to cultivate,. impale, fsatili-M fumigate, prune and do all other acts wdrich from cite ehatacter or use of said property may be era-'223Sly nac tavary, t;tc spcn rift;. a mumacra€ions herein "excluding the gtrierat_ '.. To prvvia`Y . rmAmza:rim araf dr°rive; to NcricAcurry fire insurance sahsracimy tt and with Joss payattit fir lSenrtieiary. The a.'oounr cvslircted urttfer any flit err otfrrr r; rsurantc po€;cy tnay bee app€;axe try t{errrfictary upnrr any tndeMtttt.tcss scs.-aced hcrehy and m such order as Rend cuiry may deterruine, rm at uptien tsf Tlcnefitiary the entire Amon It so collected it any part thcreofmay be tcleased to Grantor, Stich Appltcanon or rekase shall not cure or wmvc any- defacl! or notice of default lictrunder or invalidate any act dean rsm-uant to Stich notice. .. ?-. To appear in and deaanl Any acth ri or tnoetciting purporting. to affect the xa,furity hereor o- the rig*,ts or powvs of &eneftoiry ere Trusrec; and In pay All costs and expenses, including cost of evident of title aced attorneys fees in a reasonable sort to any such at7um or ivocet'ing in which Ireriet eiary or Trustee may appear_ 4. To pay, at. cast :chi okays b€fote dclitur" ricY all taxes and aawssnrerita aft-ting sacd property, when due, all enevmtbranees, charges and liens. with WorC €, cm Said propene or any pate therm, wench appear to be prior or superior Hereto, all costs. fees and expenses of this Trust. to Addition to the PaYioents due rt accordance Ws 11 Ott terms of the note hereby secured the Q-mdur shall at the option, and on dcrtfat d of sir Beneficiary. tray cacti rlonth I, i 2 o€'the estimate,] annual saxes asstssmcnts, fnsurairce premiums, maintenance and other charges upon the pre., crty, nc, cr V--css in host for Gurnim s use a»d benefit and far tl't p:ytctere by Beaseftc-4ary ofashy Such denit when due. Chiantir,'s failure so to pay shaft constitute a default under this t<.ust.. S. To pay irntnedimcls and without denvand all sums cxprndcd by Rcnctriary or TnrstCc pursuant to the Provisions hereof, with € iftiest f. cot date of vxpeu'.., lrc at 0c tax of nlc,'est specrtxd in :.e above dcacrsbesf Promissory now tic: Should Oratder fall to miter any Payment of io i* any actas he, cin Provtded, then Brnofi€maty or Ttusirc, tut without obligation so to do and without entice to or demand upon Grantor mid wuhoa, releasing Caanuu from any ohligation, hcsrol; may, make or do the sanic in such ritrancr and to such ncteni as either mnxy deems nea—ary to protect the security- buret, fscmefae Lary ur `Trustee being auNui7cd to er,tur utum wits PrItY fur such Purposes, -linear in and defend any action re inmetd-mg pur,"ruta to affect the Security hereniof the rights or prawns of ncimf ciary or Trustee: pay, psrehase. contest or coin{ nsntist any tncam brans , charge or liem wdrich in the.zudgenrn; of c :her appean to be prior or sui-n-W hereto; anal, c exercising my such powers, or in emforcmi; this Died of Trust by,udi,.ia] f wllosiurr, pay nrcesi y expenses, notion counsel and pay his reasonable fees. It. It Is mutually agreed that: I. Any award of da7fia4.cs in connection with any conderizahon for public use of or ut ter} to said property or any part thereof rs hereby "Si; ncd and StWa tee€. Paulin ftencficiaty w at nray a; Ply err r'jkitsc such nxneys froaived by him in the utrr manrvv and with the sane effect as above pro, itted for disp oration of vl �"vc„s of€ire I,uthet insin nice 1 try accepting paymeut of am} sum secured hereby at er its due date, f ienetr6ary does nsx waive his tight either, to textuire prompt paymentwhen duc of all other surm so seemed nr to declare default for failure- so us pay, 3 At any lime or from time to turc, without Iw6iiHy thercfra wW without noliet, upon written roe;ucat of l3crmfctary and presentation of tars Deed and sari€ note fur emdorsemiene, and withot=t affecting the personal liability ot'any person for payment of (tie indebtedness xevumd hereby, T ske inav Reconvey alf or any part of said prbircrty; consent to the making of any trap or plat ther,n)" Join in granting any casement €lrrrcon, ur tom in any exteisipn agrxtrttnt art any.. ag-vtorcmt sulxmrditiming the lien or charge hcte+3f. S. Upon written nequest of nenefierary stating that all suit secured hereby have been paid, and upon surrender of this Lied and said nose to Trstee ,or canccllanam and rffVnmkin .Minor. Paytnrnt of its far. Tiustce Shall recol vey without warranty, she Property deli held hs'retnder The Chan; cc in such reculiI,cy4rite only be des"Ovs) as `thc Parisi' or persons leaafty entitled thereoo'; 5. As additional security, GrAntor hereby vrvtc to and confer upon itcerficiary the tip ght, power and au,iacRity. during the c ontfisuar ce of these Trusts, to collect rents, issues and pmt[4s of said propene, riestrving unto Grantor the right, prior to any default by Urantur in payment of dray rrukhledness scc-uted heretry or ut perfurrtinte of a y agrtr ttenl l ctumdtr, !m Cottcct and retain such rents, issues and Prot is tie they omr d t Out payrhfe. upon any S h dvfav=a, f}emrticiary m ry at any trim c v sfuxat s utiec, ei€her rift Person. b,. agent: or h} a receiver to be appointed by a sawn- and w.vho ut regard to the adequacy of any wants for the ndcbteducss bcrthy secured, enter npnn and take ptascss a n of said Property at any Pan lthacuf, in his owns paid, st.c far or otherwise tGlitcl such scuts, issues mid profits, itxludir% those Past due And urttwid, and apply the same, less chats and expenses of operation and eoffection,including reasonable arttomey's fees, upon and indebtedness secured hereby, and in such order as Denchciaty may determine. 'flu tniering upon and taking possesston or sau3 property. the collection of such rents, issxfes and pmf,-ts aid the aPPireatltnm thereof as aforesaid, shall not cure or w:uivs any defaultor notice of default hereunder of iwaldatc any act dome, Parsuartt to such notice. fee.. Upon delauff by Grantor err payment of any indebtedness securest herthy or in performance of any agfeemuint hereunder, all sump wcuted hereby shall ntrmediurly beconmc a irc and payable at the option reef tbt flenefrciary. in the event or default, Act rficiary shall execute or cause the Trustee to cxctolc a wrritcx! not" of sell default and of his, tdetirtion to cause to be sntd the Went described property to satisfy the obl=trims hereof, amrl she€€ cause such entice to be recorded in the office of the recmrder tyftech county Wherein said real property or sortir part thereof as ssr:=d. Nafti€e G'sak havng been given as licit r ,lacd by law, and not less 91AU the taut then required by Jaw having elapsed. Trustre, withoutdetnarty cum Grantcx. shut€ atll aid property at the '.imhr and Platt fixtsl by net in Said note of sax, e,thcr as a whore or em ieparate part cls and in such order as it may dctcrrntne, at puifl lz 2-chmn in the highest bidder for cash in tav al money of the united Sta:cs, pay'al:tc at tune of salt Trwoc shall deliver to the purchaser its fined conveying the property so sold, but wit um any covriant or warracty exPresa nee immPlitd. Thee feedalS in such cited of -my otaltcrs or races shall be eCtclusive ptswf of tic truthfulness, tMtttot Any person, incuding Grantor. Trumi t, or Bertefiotary', may purctha a at Such sate. After clod cutting are ,rots. net art expenses of Trustee and of this Trust, ,nc udrng cuw of erademce of tit r and reasonable r000sr€ iara in eunuoctior with sa'e, Ti us shalt apply :fie prucre ds of sale to payma n€ of- ail surrc cxpuddcad cnadin the terns here =f, net ther,. repaid, wine accrued mmerest at the ra;e specified m the above il- ccnhce pretnissorf mete: all otl*r sutra then soured hereby' and fie het aaimd r, ifany, Eo tier prrswt of p,rsarts kxa :y cede fled the ear,. ?, This Lied applic.6 to, urures to the (xntfit of, Will bards 311 parties hereto, their heirs, legates, devisers, adminivraturs. executors, successors and assigns, lttc term Beneficiary sliall tmcan sir holder and owner, ottiic mate sic red t erety; or, licit mite ban been Pledged, dot pledgee thtrrmf. k, t is Ikad, wheotvt^r tk'. Context so regnmes, the mtteadire geirder ;tteiudes the frontline andof newer,aruf the singular rivnilber IncludcIi the plural, 8 Trirxtce is not obligated to nor.fy any hasty hereto of pcmii ,g sale under any other Deed of Trust or of any action or proceeding in which &AntnO ffcr,cfttee iary . Ttus;cc %ha€i be A party Intr,is brought by Truster. s3,: rim the event of < car: 5n cs rsiplwzran e: tilt `ftustet. =lx t3emxtierat�.• may tuttsttu:€e a tnrStrx os trustees to axc ute the trust hereby created and when any such subsutulion lhas beet. filed for record in the office of the ReCamde= of the County in which the property, herein dewrtbat is situated, it shall be conclusive evtdrn€s of tlt Appoimttrient ot'sucfi to dvc to htisltr;, and such new trsur or hrusires sbail succeed to al€ ct the pc-wtrcs and d-tics of tie huswe ortrustses nasaecc hertim, kialucat rs hereby mime that a copy of any Nomr of Ltthauh a-d A C(fPy of ary M)TitC of Sale hereunder bee mhaf teal of due Grantor At his addxc.x hereitihirfare ct forth, If all or any part of the subject real property, or an intetest therein i'; sold, conveyed or contracted to be sold or transferred in the future by agreernent without rite Benr<ficiary's prior written consent, excluding transfer by devise, descent Of Operation of law, the Beneficiary fflay, at Beneficiary's option, declare all sums secured by this tweed of Tmt to be irturetchately due and payable, If the Beneficiary shall waive the Option to accelerate a7 provided by accepting in writing an assuntptiO t a f ieentent of the successor in interest. Berie ficiary shail then release Grantor under this Deed of Trust and Vote. W ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT 6.00 2 BONE IDA80 031IM6 04:30 PM DEPUTY REatnpton III IIIftIIIIIIiIIIIIIIiiIIlNlillilll RECORDED-D-REQQUEST OF Alliance Title 106040035 WARRANT' DEED Order No.: AT-SOM529916MM FOR VALUE RECEIVED Clayn E. Sondercgger and Laura Sonderegger, Trustees of the Sonderegger Finally Trust, dated the 12th day of Marcb, 2001, the grantor(s), do(es) hereby grant, bargain, sell and convey unto Dimension Properties, LLC, an Idaho Corporation, whose current address is PO Box 140251, Garden City, Idaho 83716 the graniec(s), the fallowing described premises, in Ada County, Idaho, TO WIT: A tract of land situated in the Northeast One Quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a brass cup monumentlog the Northeast Carrier of said Section 9 and on the centerline of North Black Cat Road; thence following the Easterly line of said Section 9 and said centerline, South 00°00'00" West a distance of 1,324.43 feet to a point being the North One Sixteenth Corner common to Sections 9 and 10 and the POINT OF BEGINNING; thence following the said Easterly line and sold centerline, South 00°00'00" West a distance of 203.78 feet to a point; thence leaving said Easterly line and said centerline, North 89151157" West a distance of 1,068.79 feet to a point; thence Nortb 0000O100" West a distance of 203.78 feet to a point on the Northerly line of the Southeast One Quarter of the Northeast One Quarter; thence fallowing said Northerly line, South 89°51157" East a distance of 1,068.80 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM: A tract of land situated in the Northeast One Quarter of Section 9, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a brass cap monumenting the Northeast Corner of said Section 9 and on the centerline of North Black Cat Road; thence following the Easterly line of mid Section 9 and said centerline, South 00°00'00" West a distance of 1,324.43 feet to a point being the North One Sixteenth Corner common to Sectious 9 and 10 and the POINT OF BEGINNING; thence following the said Easterly line and said centerline, South 00°00'00" West a distance of 79.24 feet to a point; thence leaving said Easterly line and said centerline, South 89°56'03" West a distance of 217.22 feet to a point; thence North OD°03'57" West a distance of 80.00 feet to a point on the Northerly line of the Southeast One Quarter of the Northeast One Quarter, thence following snid northerly fine, South 89051'57" East a distance of 211.32 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM: A tract of land situated in the Northeast One Quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, City of Meridlao, Ada County, Idaho, described as follows: Commencing at a brass cap nionumenting the Northeast Corner of said Section 9 and on the centerline of North Black Cat Road; thence following the easterly line of said Section 9 and said centerline, South 00°00'00" West a distance of 1,324.43 feet to a point being the North One Sixteenth Corner common to Sections 9 and .10; thence following the Northerly line of the Southeast One Quarter of the Northeast One Quarter, North 89'51'57" West a distance of 611.14 feet to the POINT OF BEGINNING; thence leaving said northerly line, South 00'03'57" East a distance of 202.17 feet to a point; thence South 89a56'03" West a distance of 114.41 feet to a point; thence North 00 e03'57" West a distance of 202.57 feet to a point on the said Northerly line; thence following said Northerly line, South 89'51'57" East a distance of 114.41 feet to the POINT OF BEGINNING. ALSO EXEPTING THEREFROM: Any portion tying within the right of way of Black Cat Road. TO HAVE AND TO }TOLD the said prernises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he ivare the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Daled: March 14, 2006 J�—OnlllrFt m4. Scmdere tusedG;,,C gy; L m S�� sice State of Idaho ) )ss. County of Ada ) On this Lday of �., in the year 2006, before me, a Notary public in and for said state, personally appeared Clayn E. Sonderegger and Laura Sonderegger, known or identified to me to be the person whose name is subscribed to the foregoing instrument as trustees of the Sonderegger Family Trust, and acknowledged to me that they executed the same as Trustees. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my Official scat the day and year in this certificate first above written. Notary Public far the State of Idaho ,,` CNIRN rr''� Residing at: J C, , • :; Commission Expires: 0'.FLY`' 4 ra.ot� .y PUi5♦' ' rr.4TE•0F♦� i• :r• A Pioneer Company PIONEER TITLE COMPANY OF ADA (Y u,,� rN' v, 1)111cman A.c. i Boise, 1(Vahn : (t• (208)37, -2?00 RECORDED-KtUUcz)i -.GUNTY RECORDEP. - , _ EEE ono, C� ?: 3 1 0 Z 1 3 0 8 3 LUG U e.. •) WARRANTY DEED PIONEER For Value Received NATHAN P. LEI:. and ALI.ISON LFE, husband and „'ilc hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto CLAYN SONDEREGGER and LAURA SONDEREGGER, husband and wife hereinafter referred to as Grantee, whose current address is 1 155 N. Black Cal Road. Meridian, ID 83042 the following described premises. to-WIV >I ! BIT A AT f,�t fo N:�'.'L AND 1 O HOLD thr ;aui prenl;;c<. :ritil their appurte.naitce. unto the -Id Grantee. his heir: venant to and „uh he sai,i ( rantce. that Gramm assigns forever. And the said Grantor doci hereby Cot is the owner in fee simple of said premises; that said premises are tree from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restncuon�. casements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same. front all claim, whatsoever. Dated: October 21, 2002 .Mlison I.ic \ath:ut P Ler I A I I-: OF IDA110. Count; of A6d1, ;. ay of Ocu7hcr. III the ,car „f ?(ui2. heforc me 1 he l ndrrsignrd• notary public pcl"o,talll appeared Nalh:,it P Lee and : lls„n I rr kno,vri or nlentilied to mc• to hi tits person!perscot. Chu:, name is,are subscribed to tlir ;+itlun nt:tnuncnt. and aIcknowlcdsed t , tnr :it:a hr'shc.th rmecuted the sari wu CA •� .� ny Notary Public of Idaho I ' IC J Resirlim; it 40,4L �4 'f � ( ttnlntl]110n l'xpat'ti: ItlitC I�-2(3(i? OP EXHIBIT A v Parcel I A tract of land in the South half of the Northeast quarter of Section 9, Township 3 North, Range I West. Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the North sixteenth section corner common to Sections 9 and 10, l'own5hip 3 North, Range. I West, Boise Meridian, which point hears South 1124.17 feet from the section corner common to Sections 3, 4, 9, 10, Township 3 North, Range I West, Boise Meridian, thence North 89 degrees 48' West along the sixteenth section line, 484.00 feet to a steel pin; thence South 90.00 feet to a steel pin; thence South 89 degrees 48' East 484.00 feet to a point on the section line common to said Sections 9 and 10; thence North along the section line 90.00 feet to the Point of Beg III) EXCEPT FHERC-FROM any portion Ivutg ��'uhin the right of way Ior 131ack Cat Road Parcel It A portion of the South half of the Northeast quarter of Section 9, Township 3 North, Range I West. Boise Meridian, Ada County. Idaho, more particularly described as follows Beginning at a point on the section line which bears North 1120.39 feet from the quarter section corner common to Sections 9 and 10, Township 3 North, Range 1 West, Boise Meridian; thence Ntorth 89 degrees 48' West 1068.80 feet to a point; thence North 203.78 feet to a point of the North IA 6Lh section line of said Section 9, thence South 89 degrees 48' East 584.30 feet along. the. North I %16'h section line of said Section 9 to a steel pin; thence South 90.00 feet to a steel pin; thence South 89 degrees 48' East 484.00 feet to a point on the section line common to said Sections 9 and R thence South along the section line 111.78 feet to the Point of Beginning. FXCEP f THEREFROM any portion lying within the right of way for Black Cat Road Agent # Stale Cry. Prop. Tran Reissue Amt. Re. Tran Simultaneous Issue is A] 1006 11 001 1 010 MM4300565 Code Anu. Code Anil . Codc Anil Codc Amt. Code Arnt. 05100 S3500 05100 05100 05100 05100 Old Republic National Title Insurance CompanN, OWNER'S POLICY SCHEDULE A File No.: Policy No.: Date of Policy. Anil. of Insurance: Premium Anu, Total Amt. 221041 SV3657569 October 25, 2002 at S215,900.00 S953.00 S988.00 2:35 PM l . Name of Insured: Clayn Sonderegger and Laura Sonderegger 2. The estate or interest in the land to as covered by the policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Clayn Sonderegger and Laura Sonderegger, husband and wife 4. The land herein described is encumbered by the following mortgage or Trust Deed, and assignments: A Deed of Trust to secure an indebtedness of $172,720.00, and any other amounts as therein provided, payable under the temts, conditions, provisions and stipulations thereof. Dated: October 18, 2002 Grantor: Clayn Sonderegger and Laura Sonderegger, husband and wife Trustee: Fidelity National Title Insurance Co. Beneficiary: Countrywide Home Loans, Inc. Recorded: October 25, 2002 Instrument No.: 102123684 A Deed of Trust to secure an indebtedness of$43,180.00, and any other amounts as therein provided, payable under the terms, conditions, provisions and stipulations thereof. Dated: October 18, 2002 Grantor: Clayn Sonderegger and Laura Sondcreeaer. husband and wife Tnustee: Fidelity National Title Insurance Co. Beneficiary: Countrywide Home Loans, Inc. Recorded: October 25, 2002 Insnznrtent No.: 102123685 5. The land referred to in this policy is described as follows: SEE ATTACHED EXHIBIT A This Policy rs "'valid unless the cover sheet and Schedule B are attached. Schedule A page I of 2 page(s) Old Republic National Title Insurance Company OWNER'S POLICY SCHEDULE A F,XHIBIT A Parcel I A tract of land in the South half of the Northeast quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the North sixteenth section corner common to Sections 9 and 10, Township 3 North, Range I West, Boise Meridian, which point bears South 1324.17 feet from the section corner common to Sections 3, 4, 9, 10, Township 3 North, Range I West, Boise Meridian; thence North 89 degrees 48' West along the sixteenth section line, 484.00 feet to a steel pin; thence South 90.00 feet to a steel pin; thence South 89 degrees 48' East 484.00 feet to a point on the section line common to said Sections 9 and 10: thence North along the section line 90.00 feet to the Point of Beginnine. EXCEPT THEREFROM any portion lying within the right of way for Black Cat Road. Parcel II A portion of the South half of the Northeast quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a point on the section line which bears North 1120.39 feet from the quarter section corner common to Sections 9 and 10, Township 3 North, Range 1 West, Boise Meridian; thence North 89 degrees 48' West 1068.80 feet to a point; thence North 203.78 feet to a point of the North 1/16th section line of said Section 9. thence South 89 degrees 48' East 584.80 feet along the North 1/16th section line of said Section 1) to a steel hui; thence South 90.00 feet to a steel pin; thence South 89 degrees 48' East 484.00 feet to a point on the section line common to said Sections 9 and 10, thence South along the section line 113.78 feet to the Point of Beginning. FXCEP 'VilEREFROM any portion lying within the right of way for Black Cat Road. 1-his Policy is invalid unless the cover sheet and Schedule B are attached. Schedule A page 2 of 2 page(s) Old Republic National Title Insurance Company OWNER'S POLICY SCHEDULE B Exceptions from Coverage File Number: Date of Policy: Polio' Number: 221041 October 25, 2002 at 2:35 PM SV3657569 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: General Exceptions: l . Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 3. Easements, or claims or easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or Nets authorizing the issuance thereof, (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b), (c) are shown by the public records. 6. "Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings, whether or not shown by the records of such agency or by the public records. Special Exceptions: l . General taxes for the year 2002, which are liens, arc not yet due and payable. 242-S1209141800 & 242-S1209141802 2. Liens and assessments of the following district and the rights and powers thereof as provided by law. No delinquencies appear in the county recorder's office. District: Nampa Meridian Irrigation District (466-7861) ALTA Owner's Policy Form B 1957 (Amended 10/17/92) ibis Policy is invalid unless the cover sheet and Schedule A are attached. Schedule B page 1 01' 2 page(s) Old Republic National Title Insurance Company OWNER'S POLICY SCHEDULE B Exceptions from Coverage An casement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein For: power line easement In Favor of: Idaho Power Company Recorded: June 15, 1998 Instrument No.: 98057609 Affects: A strip of land 15. 0 feet in width, being 2.0 feet on the east side and 13.0 feet on the west side of the following described centerline located in the Southeast '/. Northeast '/< of Section 9, Township 3 North, Range 1 West, Boise Meridian, and being more particularly described as follows: Commencing at the east quarter corner of Section 9, Township 3 North, Range I West; thence North 0 degree 20'40" East, a distance of 1120.39 feet to a point; thence, North 89 degrees 27'20" West, a distance of 27.0 feet to a point, said point being the Real Point of Beginning; thence North 0 degree 20'40" East, a distance of 203.98 feet to a point, said point being the Point of Terminus. FNI) OF EXCEPTIONS NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE- NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. ALTA Owner's Policy Form 13 1987 (Amended 10/17/92) Tliis Pohcy is invalid unless the cover sheet and Schedule A are attached. Schedule 13 page 2 ail 2 page(s) Homeowner's Expanded`Cove Endorsement ENDORSEMENT AT ACI IEI) l-0 POLICY No. SV3657569 KiTAC:I IED TO ORDER NO. 221041 ISSUED By OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This endorsement shall be effective only if at date of policy there is located on the land described in said policy a one to four family residential structure in which the insured owner resides either at date of policy or at any time prior to the time the insured owner acquires knowledge of a potential claim hereunder. For the purpose of this endorsement the term "Residential Structure" is defined as the principal dwelling and garage structure(s) located on said land at date of policy including either an attached garage or the primary detached garage structure provided that there is no commercial use of such garages. The term "Residential Structure" shalt not include driveways, ramps, landscaping and recreational amenities, perimeter walls and fences, or any other protrusion beyond the drip line of the dwelling and garage. 2. Nothing contained in any Schedule B. General (Standard) Exceptions or in any exclusion from coverage of this policy pertaining to zoning shall defeat or diminish the benefit of this endorsement. The company hereby insures the insured owner of the estate or interest described in Schedule A against loss or damage which the insured owner shall sustain by reason of: A. the existence at date of policy of any unrecorded statutory liens for labor or material attaching to said estate or interest arising out of any work of improvement on said land in progress or completed.at date of policy, except a work of improvement for which said insured owner has agreed to be responsible; B. the forced removal of the residential structure or denial of the right of use thereof for ordinary residential purposes, as the result of a final court order of judgment, based upon the existence at the date of the policy of: l . any encroachment of said residential structure onto adjoining lands, or onto any easement; 2. any violation on the land of covenants, conditions or restrictions, provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease, sub -lease, or contract of sale referred to in this policy and provided further than no coverage shall be available under this endorsement as to any covenant, condition, restriction or other provision relating to environment protection; 3. any violation of applicable zoning ordinances to the extent that such ordinances regulate (a) area, width or depth of the land as a building site for the residential structure; (b) floor space area of the residential structure; (c) setback of the residential stntcture from the property lines of the land; (d) height of the residential structure; or to the extent such ordinances deny use of the land for a "Single Family Residence" C. damage to the residential structure resulting from the exercise of any right to use the surface of said land for the extraction or development of the minerals excepted from the description of said land or shown as a reservation in Schedule 11, Page I Of 2 Homeowner's Expanded o : Endorsement -Ihe total liability of the company under said policy and all endorsements attached thereto shall not exceed, in the aggregate, the face amount of said policy and costs which the company is obligated under the conditions and stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said policy. '[his endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. IN \1.1TNESS \VNEREU,.V the Company has caused this Endorsement to be signed and scalccl. and .did Micn countersigned by'j"uired officer or agent of the Company, all in accordance with its 13v-laws. Counters uthorized nueisig iaturc Pioneer Title ('ompany of Ada Count\ Company -- Boise, Idaho City, State Pagc 2 of 2 VVti1b11t�1V 1 1 L1uL>✓ _A .%_1 Value Received DENT G. BARNEY and MAr 3ARNEY, husband and wife, i the grantors , do hereby grant, bargain, sell ;And convey unto J. ROBERT BURT and VIRGINIA G. BURT, husband and wife, i the grantees. the following described premises, w-wit: I That portion of the S 1 /Z NE I /4 Section 9, T. 3N. , R. l W. , 13. M. , Ada County, Idaho, lying northerl y of the irrigation lateral, nitre particularly described as follows: Beginning at a point on the section line which bears North, 391 . 17 feet from the quarter coroner common to Sections 9 and 10, T. 3N. , R. 1 W. , B. M. , thence N. 63 47130" W. along the centerline of an irrigation lateral, 919. 97 feet to a point; thence N. 790511 W. along the centerline, 1237. 77 feet to a point; thence N. 42055140" W. along said centerline, 432. 57 feet to a point on the northerly boundary line of the S 1/2 NE 1/4 of said Section 9; thence S. 89 48' E. along said boundary line, 2338. 41 feet to a point on the section line common to said Sections 9 and 10; thence South along the section line, 933. 00 feet to the point of beginning. Said tract of land contains 26. 7463 acres, more or less, subject to easements of record or in use. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. '1.0 HAVY AN'D TO IIOI,D the said premises, a,ith their appurtenances unto the said Grantees . i their heirs and assigns forever. And the said Crantors do hereby cuvenant to and tcith the said Grantees , that t hey are the owners in fee simple of said premises; that said I premises :u'e free from all incumbrances I 't and that t hty till ++•at7ant and defend the same from all lawful claims whatsoever. Dated March 1971 ;r:rrr: OF ID., IU,�ttl vn' or• Ada _S]ATr, ur' 11)A110. COUNTY OF I).. Un th,s ��"� day of March cl 71. I b,•rebp c.•rtifp that this instrument %%as lil,•d fvr : ,ord m _ bofnrc 1. e, a o,tan• lublie in and for said Statl., _ 1 Vclsunally :hc roq ucst of „1 1Z opp.•a nrd KENT G. BARNEY and MARY BARNEY, FS._ minutes past / C „'cl,.ck Husband and avifc' Un. .Z i dap of N., '- lt+ .i . m n _ oflir.• and dill,• Iccorded in No.,k / wsLO'rt't„ iu� l,• h. ;hr p••non5 .aho Se mule s are snMer beZ}t., ��• • 10,111 inxt rumcnt, nml xl•k m.w lodged t„ 7' -'�I-NCI_ A. PLANTING 'T.:, th they executed the sxni.•. - - lix d)Ilicio kcrordcr � `^ f: .tarp I'ublit •. Itt.�`j, . Ib,xnlinq at etc rtdia't ,Idaho F,.,., ! �;',: I)cpuly. 1'nnlm F:x pi ns 1 �J For'rldu, eived KENT G. BARNEY and MARY _.R' Y, husband and wife, 4• the grantors do hereby grant, bargain, sell and convey wito J. R013EIlT BURT and VIRGINIA G. BURT, husband and wife, the i;i iltms the fullm,ing described premises, to -wit: A tract of land in the S 1 /2 NE 1 /4 of Section 9, T. 3N.. 11. 1 W. , 13. M Ada County, Idaho, more particula7l y described as follows: Beginning at the north sixteenth section corner common to Sections9 and 10, T. 3N. , R. 1 W. , B. M. , which point bears South, 1324. 17 feet from the section corner common to Sections 3, 4, 9, a nd 10, T. 3N. , R. l W. , B. M. , thence N. 89048' W. along the sixteenth section line, 484. 00 feet to a steel pin; thence South, 90. 00 feet to a steel pin; thence S. 89048' E. 484. 00 feet to a point on the section line common to said Sections 9 and 10, thence North along the section line, 90.00 feet to the point of beginning. Said tract of land contains 1. 000 acres, more or less, subject to easements of record or in use. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected tierewith. TO HAVE AND TO HOLD the said prculiseS, with their appwtenances unto the said Grantees . their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Granted , that t heir are the ownets in fee simple of said premises; that said premises are free from all incunahrances and that t hey will warrant :utd defend the same from all lawful claims whatsoever. Dated March Yl�, 1971 day of March 71. .:fore n,e, a n alb• public in and for said St.o., p.rsunail, ppear,:d -NT G. BARNEY and MARY BARNLY sband Aad..Wife, un,.r t(o myla LCt)ie Ix:Twn, ..1 ,�.., ubscribed Qn in?j1-:nvn 1, and arkl:.,.cird,;rd io :nsiAir �l Mcridinn Id;,hu .umm. F: p, n•s 6 -ice--7 3 ' ITATK OF IOAHO, COUNTY OF 1 hereby ccrlifyghat /�,}�lv instrument 'as filed for record XI h, n,lurst of I �.�,J �� ` 3 muwles past o'clock T-1n.. wi. FS' day nr Gw�� ,n my ullio:, and duly recorded in Book CE A. PLAW c�16 / a-0(1i60 HCC0 r Y- Pae.+ t Po , Oepuly. M-1 1 I� I'r,m!a •.e Yo. 5.1. Xr 9r.r.Ysr� Cw,Mcr. 1f„V. •�a6 y � i That portion of the South half of the Northeast quarter of Section 9 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a point on the Section line common to Sections 9 and 10, which bears North 391.17 feet, thence North 63'47'30" West along centerline of an irrigation lateral, a distance of 919.17 feet to a point, thence North 79'51' West 289.06 feet to the point of true point of beginning, thence continuing North 79'51' West along centerline of irrigation lateral, a distance of 948.71 feet, thence continuing along said lateral centerline North 42'55'40" West, a distance of 432.57 feet to a point on the North 1/16th line of said Section 9, thence South 89'48' East a distance of 1075.75 feet to a point on said 1/16th line being the Northwest corner of that certain parcel conveyed by Deed recorded under instrument no. 846467, thence South along said Westerly boundary of that certain parcel conveyed by Deed recorded under instrument no. 846467, a distance of 223.78 feet, thence South 89'48' East a distance of 194.66 feet to a point, thence South 255.15 feet, thence West a distance of 45.78 feet to the point of beginning. EXCEPT Ditch and Road rights -of -way. TOGETHER WITH all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. Together with an easement for ingress and egress and public utilities over and across the following described property: Beginning at a point on the Section line which bears North 1,079.39 feet from the quarter section corner common to Sections 9 and 10, Township 3 North, Range 1 West, Boise -Meridian; thence North 89'48' West 1,068.80 feet; thence North 40 feet; thence South 89'48' East 1,068.80 feet to a point; thence South 40 feet to the Real Point of Beginning. EXCEPT Ditch and Road rights -of -way. ,wuno•.i r�u u,nr RADIUS NOTICE REPORT FILE NAME: sond 08-t1 far-2007 Owners Owner Address ANDERSON DAVID 1042 N GLAMORGAN AVE MERIDIAN, ID 83642-0000 Property Address: sond BATES BRIAN 1053 N GLAMORGAN AVE BATES KIMBERLY MERIDIAN, ID 83642-0000 Property Address: sond BENSON FAMILY TRUST 5239 W SUNFISH LN BENSON JOHN A TRUSTEE MERIDIAN, ID 83642-0000 Property Address: sond BERRY MILES G 1299 N BLACK CAT RD BERRY SHAUNNA R MERIDIAN, ID 83642-5362 Property Address: sond BERRY NELSON NEIL 1293 N BLACK CAT RD BERRY MYRNA G MERIDIAN, ID 83642-5362 Property Address: sond BLACKSTONE HOMEOWNERS ASSOCIATION P O BOX 44739 BOISE,ID 83711-0000 Property Address: sond BLACKSTONE HOMEOWNERS ASSOCIATION P O BOX 44739 BOISE,ID 83711-0000 Property Address: sond BLACKSTONE HOMEOWNERS ASSOCIATION P O BOX 44739 BOISE,ID 83711-0000 Property Address: Bond BLAIR WILLIAM BLAIR LUCILLE 855 N BLACK CAT RD MERIDIAN, ID 83642-5323 Property Address: Bond I Owners O-vi ner Address - - BURT ROBERT J 1 123 N BLACK CAT RD BURT VIRGINIA G MERIDIAN. ID 83642-0000 Property Address: sond CAMPBELL TOMMY D 4997 W SUNFISH LN CAMPBELL CHRISTY MERIDIAN, ID 83642-0000 Property Address: sond CASTLEBROOK SUB #1 HOA INC 6223 N DISCOVERY WAY # 120 BOISE, ID 83713-0000 Property Address: CASTLEBROOK SUB #1 HOA INC Property Address: CASTLEBROOK SUB #1 HOA INC Property Address: CASTLEBROOK SUB #1 HOA INC Property Address: CASTLEBROOK SUB #1 HOA INC Property Address: CENTENNIAL DEVELOPMENT LLC Property Address: CENTENNIAL DEVELOPMENT LLC Property Address: CENTENNIAL DEVELOPMENT LLC Property Address: sond 6223 N DISCOVERY WAY # 120 BOISE,ID 83713-0000 sond 6223 N DISCOVERY WAY # 120 BOISE, ID 83713-0000 sond 6223 N DISCOVERY WAY # 120 BOISE,ID 83713-0000 sond 6223 N DISCOVERY WAY # 120 BOISE, ID 83713-0000 2364 S TITANIUM PL MERIDIAN, ID 83642-0000 2364 S TITANIUM PL MERIDIAN, ID 83642-0000 2364 S TITANIUM PL MERIDIAN, ID 83642-0000 sond sond Bond sond 2 Owners Owner Address CENTENNIAL DEVELOPMENT LLC 2 364 S TITANIUM PL MERIDIAN. ID 83642-0000 Property Address: sond DELANEY BRANDON 4787 W BIG CREEK ST MAXWELL AMBER L MERIDIAN, ID 83642-0000 Property Address: sond DIMENSION PROPERTIES LLC PO BOX 140251 BOISE,ID 83714-0251 Property Address: sond DIMENSION PROPERTIES LLC PO BOX 140251 BOISE.ID 83714-0251 Property Address: sond FISHER JUDY J 4831 SUNFISH LN MERIDIAN, ID 83642-5345 Property Address: sond GAMINO GLORIA 1400 E OCEAN BLVD # 2112 LONG BEACH, CA 90802-6940 Property Address: sond GARCIA JOSEFINA 1087 N GLAMORGAN AVE MERIDIAN, ID 83642-0000 Property Address: sond GOETT FARIDEH 4125 HOLLAND DR PLEASANTON, CA 94588-0000 Property Address: sond GOLAY KELLY C 1058 N GLAMORGAN AVE GOLAY JANETTE MERIDIAN, ID 83642-0000 Property Address: sond HANSEN JOSEPH 1088 N GLAMORGAN AVE MERIDIAN, ID 83642-0000 Property Address: sond Owners Owner Address HAWK PAMELA NOEL 4786 W BIG CREEK ST MERIDIAN, ID 83642-0000 Property Address: sond HIRSBRUNNER SHIRLEY J 5287 SUNFISH LN MERIDIAN, ID 83642-5345 Property Address: sond HOLMES JEFFREY 1112 N GLAMORGAN AVE BATCHELOR KRISTY MERIDIAN, ID 83642-0000 Property Address: sond HUGHES TIM 5038 W EL GATO LN HUGHES SHELLIE MERIDIAN, ID 83642-0000 Property Address: sond HUNT JACOB R 4703 W BIG CREEK ST HUNT MLARY MERIDIAN, ID 83642-0000 Property Address: sond MARIN DANIEL T 530 TREYBURN CIR MARIN MIREILLE L SAN RAMON, CA 94583-0000 Property Address: sond MCDOUGAL JACK L 1035 N BLACK CAT RD MCDOUGAL BONNIE F MERIDIAN, ID 83642-5323 Property Address: sond MERIDIAN CITY 33 E IDAHO AVE MERIDIAN, ID 83642-2631 Property Address: sond MERIDIAN CITY 33 E IDAHO AVE MERIDIAN, ID 83642-2631 Property Address: sond MURPHY ANDREW MURPHY MARKIE 1062 N GLAMORGAN MERIDIAN, ID 83642-0000 Property Address: sond 4 O,vv ners Owner Address MUSTAGOG ALBERT J 4752 W BIG CREEK ST MERIDIAN. ID 83642-0000 Property Address: sond PETTINGILL JAMES A & MARILYN J 5150 EL GATO LN MERIDIAN, ID 83642-5346 Property Address: sond RAPHAEL DAVID 1121 N GLAMORGAN AVE MERIDIAN, ID 83642-0000 I Property Address: sond SEGERS REVOCABLE LIVING TRUST 3120 WANDERING WAY LINCOLN, CA 95648-0000 Property Address: sond SONDEREGGER FAMILY TRUST 1155 N BLACK CAT RD SONDEREGGER CLAYN E TRUSTEE MERIDIAN, ID 83642-0000 Property Address: sond SONDEREGGER FAMILY TRUST 1155 N BLACK CAT RD SONDEREGGER CLAYN E TRUSTEE MERIDIAN, ID 83642-0000 Property Address: sond TAYLOR ESPERANZA ZARUR 4747 W BIG CREEK ST MERIDIAN, ID 83642-0000 Property Address: sond THIBAULT THOMAS 5322 W CHERRY LN THIBAULT EVELYN MERIDIAN, ID 83642-0000 Property Address: sond THOMAS KAREN D 1133 N BLACK CAT RD MERIDIAN, ID 83642-0000 Property Address: Bond WHITE DENE L 457 URBAN RD RENO, NV 89509-0000 Property Address: sond 5