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HomeMy WebLinkAboutApplication Packetent By: ; JAN,!: 2 3 2001 City of Meridian City Clerk'Office 2O8 888 6854; Nov-27-00 6:12PM; CITY OF MERIDIAN Platming & Zoning D~~ 200 E. Carlton Avenue, Suite 201, Meridian, ID 83642 (208) 884-5533 Pho~ / (208) 888-6854 Fax ~,~e 2 c JAN 1 8 2001 CITY OF MERIDIAN PLANNING & ZONING OWNeR(S) OF RECORD: ADDRESS: E-MAIl,: Rev. PHONE: FAX: AD. ESS, GENERAL LocATioN OF SITE: DESCRIPTION OF PROPOSED V~IANCE: WILD SHAMROCK LLP November 30, 2000' Shari Stiles Planning and Zoning Department City of Meridian 200 E. Carlton Ave. Suite '201 Meridian, Idaho 83642 Re: Merchants Plaza. Subdivision Suite 240 12301 W. Explorer Dr. Boise, ID 83713 Phone 208-322-7529 FAX 208-322-7554 Hello Shari, I have received your letter dated November 20, 2000, regarding the need for a variance application. I have completed the attached Variance Application form. In addition to the form, I believe that a short explanation would be helpful. As outlined in your letter, the issue here is one of timing. The applicant did not realize that a 12 month timeframe was in place and that the application had expired. In any regard there were many unforeseen and time consuming issues that caused delays. The first was the need to change the name of the subdivision; the second was the ill health of the civil engineer (Brian Iverson), the third was the verification of the final pin location and survey validation. All of these items were finally resolved and the subdivision recorded. The name change.from First Meridian Plaza to Merchants Plaza is the only change from the original submittal. Please process this variance application. Sincerely, Rick Thomas Wild Shamrock LLP Roylance & Associates P.A. Engineers · Surveyors · Landplanners 391 W. State Street, Suite E, Eagle, Idaho 83616 Telephone (208) 939-2824 Fax (208) 939-2855 January 16, 2001 Project No. 2144 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: MERCHANTS PLAZA SUBDIVISION- APPLICATION FOR VARIANCE Dear Meridian City Officials: On behalf of our client, Wild Shamrock LLP, we are requesting a variance of City Ordinance 12-3-8.A for the Merchants Plaza Subdivision (previously known as the First Meridian Plaza Subdivision). According to Shari Stiles in her letter dated November 20th, the plat of this subdivision has been voided because the recording of the final plat was delayed. This letter addresses the causes of the delay and why a variance to the normal recording timeframe may be appropriate in this case. The Meridian City Council approved the final plat of First Meridian Plaza Subdivision on November 17, 1998. According to City Ordinance 12-3-8.A, the applicant must file the final plat with the County Recorder within one-year after written approval by the Council. Several unfortunate circumstances beyond the control of the applicant occurred during this period that delayed the recording of the final plat until September 25, 2000. A delay of approximately three months resulted from the ill health of the land surveyor who prepared the final plat. Regrettably, Mr. Brian Iverson P.E., P.L.S. became ill and was unable to complete the recording of the final plat within the one-year timeframe. We understand that Mr. Iverson's illness was serious enough that he has retired entirely from engineering and surveying. Secondly, the name of the subdivision was changed from First Meridian Plaza to Merchants Plaza Subdivision at the request of the Ada County Engineer. The procedures required to complete this name change took considerable time. Finally, a two-month delay resulted from complications encountered during the Ada County Surveyor's verification of the set monuments. These circumstances, which were beyond the direct control of the applicant, may warrant a variance to the City Ordinance. If the ordinance were literally applied to the Merchant's Plaza project, it could have serious and maybe unwarranted delays and consequences to Wild Shamrock LLP. In addition to the considerable amount of time and effort on the behalf of the applicant and his consultants, significant effort would be required from City Staff, Planning Commission, City Council, the Ada County Highway District and other regulatory agencies to re-review the project. Based on discussions with Gary Inselman of the Ada County Highway District, if the project were re-submitted his review would likely discover no additional improvements to comply with current criteria. Further, discussions with City Staff have indicated that the project has already been constructed in substantial compliance with current requirements. X:\PROJECTS\THOMAS~2144b&DMIN\LETTERS\meridian010401.doc Page 2 of 3 January 16, 2001 As is required by the ordinance, we are providing the following written statements: 1.) Provide a written statement - what' is the difficulty or hat&hip that would result if requirements of this ordinance were applied to the subject property? a. The applicant would be required to resubmit an application for final plat approval and pursue approval of this final plat through all applicable agencies (Ada County Highway District, Ada County Assessor, Central District Health, and others). Essentially he would re-do significant amounts of administrative work to re-record the final plat of Merchants Plaza Subdivision. In addition to this time and expense from the applicant, it would encumber City resources as well as other regulatory agencies for a project that is already constructed and in accordance with current criteria. 2.) Provide a written statement - any unusual or peculiar circumstances that indicate regulations of this ordinance that should not be strictly complied with? a. The combined circumstances of surveyor's illness, subdivision name change and County Surveyor review issues were beyond the direct control of the applicant. Their cumulative impact prevented the applicant from recording the plat within the one-year timeframe. 3.) Provide a written statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. a. The special circumstances that delayed the final plat recording of Merchants Plaza Subdivision may not be unusual individually on occasion, but the occurrence of all three simultaneously on one project is unusual and unfortunate. 4.) Provide a written statement that a literal interpretation of the provisions o./'this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance. a. A literal interpretation and enforcement of the Ordinance would require the applicant to redo the final plat application at considerable time and expense and would result in no significant changes to the project as currently constructed. 5.) Provide a written statement that granting the variance requested shall not con./kr on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same di~'trict. a. The applicant has complied with all conditions of approval as requested by regulatory agencies whose requirements are, for all intents and purposes, the same today. The applicant is not requesting a waiver of any approval conditions or the construction of any required improvements. The applicant has constructed the same improvements to his property as would be required from any other applicants in the same district. X :\PROJECTS\THOMAS\2144\ADMIN\LETTERS\meridian01040 l.doc Page 3 of 3 January 16, 2001 6.) Provide a written statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. a. The applicant is not 3equesting a variance from the construction of any required improvement or any other condition imposed by the regulatory agencies. If the applicant's surveyor had applied for a one-year extension prior to the expiration of the original application, we feel it is quite likely that extension would have been granted, based on our previous experiences in the City of Meridian. If the extension had been granted, it likely would have included the caveat that the applicant comply with all current agency criteria, which he has done anyway. We believe that these circumstances are unique to this application. In the case of Merchants Plaza, the cumulative effect of these events has caused the variance to be necessary. Under the circumstances, we don't feel that a variance will confer any preferential treatment to Wild Shamrock LLP since all required public improvements have been constructed consistent with current criteria. We look forward to your response in this matter. If you have any questions or would like additional information to clarify our position, please contact me at your convenience. Sincerely, ROYLANCE & ASSOCIATES P.A. JASON DENSMER, E.I.T. WILD SHAMROCK LLP RICK THOMAS JCD/ Enclosures 1.) 2.) 3.) Proof of title of owner (Warranty Deed). Legal description of subject property. Notarized consent from titled owner of property. X :\PROJECTS\THOMAS\2144LADM IN\LETTERS\meridian010401 .doc Roylance & Associates P.A. Engineers · Surveyors 391 W. State Street, Suite E, Eagle, Idaho 83616 Telephone (208) 939-2824 · Landplanners Fax (208) 939-2855 January 12, 2001 Project No. 2144 I, Kenrick "Rick" E. Thomas, a Partner in Wild Shamrock, LLP authorize Roylance & Associates P.A. to represent Wild Shamrock, LLP in matters related to the Merchants plaza Subdivision. WILD SHAMROCK, LLP Kenrick "Rick" E. Thomas, Partner State of Idaho ) County of Ada ) S.S. I, Jason Densmer, a notary public do hereby certify that on this 1'1'~ day of January, 2001, personally appeared before me Kenrick "Rick" E. Thomas, who, being by me first duly sworn, declared that he is the Parmer of Wild Shamrock, LLP, that he signed the foregoing document as Partner, of the corporation, and that the statements therin contained are tree. My c~nmission expires: X:\PROJECTS\TI-IOMASk2144XADMINkLETI'ERSXnotarized_consent. doc I, Kenrick "Rick" E. Thomas, a Partner in Wild Shamrock, LLP will post notice of public hearing on the subject property one week prior to the date of the hearing as is required. WILD SHAMROCK, LLP Kenrick "Rick" E. Thomas, Partner 1- /7- Date z:\wordtext\1933\vanauker902.doc PLAT 81TUATED IN (::~KSVE~N'r LOT 1 AND 2 C (2ERI'IFI~ATB OF OWNEFI8 ~: :' 2~ KNOW ALL MEN BY THESE PRESENTS: Thi=t the undersigned ore the owners of the real property hereafter described. A parcel of land being a portion of Government Lot No. 1 and Government Lot No. 2 of Section 18, Township 3 North, Range I East, Boise Meridian, Ado County, Idaho, being a portion of the v~cated right-of-way of Gem Avenue as described under Ada County Highway District Resolution No. 511 end recorded as Instrument No 97029766; according to 'Record of Survey No. 3850, records of Ada County, Idaho; and that tract of land according to Record Of Survey No. 34.35, records of Ada County, Idaho; and more particularly described os follows: Commencing at a 5/8-inch iran pin marking the southwest corner of said Government Lot 1, Section 18, 'T. 3 N., R: 1 E.; thence N 89' 30' 40" E along the south line of said Government Lot 1 a distance of ,30.01 feet to a set steel pipe on the east right-of-way of Meridian Road, said steel pipe being the REAL POINT OF BEGINNING: Thence N 00' 49' 05" E along said east right-of-way of Meridian Rood a distance 'of 14.75 feet to an 'X; scribed in the concrete curb of a box culvert; Thence along the arc of a curve to the right having a radius of 17.50 feet, a central angle 89' 02' 19"and a long chord that bears N 45' 20' 15 E a distance of 24.54 feet to a found steel pin on the south right~of-woy of Gem Avenue according to said Record of Survey No. 5850; thence along said south riaht-of-wov N 89' .51' 24" E a distance of 584..57 feet to a found steel pin according to said Record o'T Survey No. `3850; Thence along the arc of a curve to the right having a radius of 17.50 feet, a central angle of 91' 24' 27" and a long chord that bears S 4.4' 26' 2,3' E a distance of 25.05 feet to an 'X' scribed in the sidewalic, on the west right-of-way of East 1st Street .according to said Record of Survey No. 5850; Thence S 01' 15' 51" W along the west right-of-way of East 1st Street a distance Of 206.96 feet to a found steel pin; Thence continuing along the west right-of-way of East 1st Street along the arc of a spiral curve to the right a having a central angle of 06' 03', a distance of 21.3.66 feet, said arc being subtended by a chord bearing S 03' 15' 04." W a distance of 215.56 feet to an 'X' scribed in the concrete sidewalk; Thence continuing along the west right-of-way of East 1st Street along the arc of a curve to the right having a radius of 981.74 feet, a central angle of 00' 16' 48" and a long chord that bears S 07' 27' 16" W a distance of 4.80 feet to an 'X' scribed in the cancrete sidewalk; Thence leaving the west right--of--way of East 1st Street N 89' 06' 09" W along the south boundary of said tract of land according to Record Of Survey No..34.55 a distance of 408.28 feet to a set steel pin on the east right-of--way 0f Meridian Road; Thence along said east right-of-way of Meridian Road N 00' 4.9' 05" E a distance of 4.0.3.46 feet the POINT OF BEGINNING. The above described tract of land contains 4.1c) acres, more or less. Basis of bearing for this description is the section line common to said Sections 15 and 18 bearing N 00' 49' 05" E from the W 1/4. corner of section 18 to the NW corner of section 18. That it is the intention of the undersigned to, and they do hereby include said. land in th'ii plat. That 'the undersigned by these presents dedicate to the public use forever all public streets os shown on this plat..Tl~e easements indicated on said plat are not dedicated to the public but the right to use said easements is hereby perpetuall.y'reserved for public utilities and for such other uses as designated hereon and no structure other than for such utility purposes are to be erected within the limits of said easements. All of the lots in this plat will be eligible to receive water service from the City of Meridion's water system. The City of Meridian has agreed in writing to serve all of the lots in this subdivision. W1LD SHAMROCK, LLP Kenrick 'Rick" E. Thomas, Partner AGKNOWL.EDQMENT STATE OF' iDAHO) ! ! ! UNPLATTED ~BAIBItB OI~ BEARIN(31 C)~ ~ 8: MImRIDIAN ROAD O~ 223.91' N01'16'¢1'£ 79.55' I * 224.27' 215.68' ~,~,9~'.00S 3.~'~',B~.OON Z 30' 30' ~.. 8. EA8T let STREET samgoc : This is the First Amendment to the General partnership Agreement of Wild ShamrOck by and between ItAROLD E. TItOMAS which was entered into effective October 1, ~r Registration ot Lmm~-,' W I T lq E S S E T fi: WHEREAS, Harold and Rick constitute all of the partners of Wild ShamrOck, an Idaho - . protectionS afforded by. Wi_i~S, the pa~.t;~ ld.~;.~tyt; ~emrs~t"p pursuant to the laws of me sta · partnership as a registered limi a y amend the General Partnership Agreement of Wild Shamrock (me As,*~ 1. Section 1.1 of the Agreement is hereby amended to read as followS: 1.1 Gen_g~eml: The partners form an Id,ho registered limited liability p~rtnershiP as defined in Section 53-302, Idaho Code. 2. Section 1.2 of the Agreement is hereby amended to read as follows: ' o. xfd the · The business. ._,n~,,e the 1.2 ~kl ShamrOc~ ~ Cascade Drive, partnership is w uo o principal office of the Partnership shall be at 7259 Boise, Idaho 83704 or at such other place or places as the Partners may from time to time designate. The Partners shall execute and file with the Idaho Secretary of State's office an Application for Registration of Limited Liability partnership pursuant to the provisionS of Section 53-343A, Idaho Code· 3. Section 6.7 of the Agreement is hereby amended to read as follows: · idation of the Parmership, · · · · U on hqu . ance with the 6.7 ~~tionS ~e to be made tn accord liquidating msm partners, after all capital account positive account balances of the adjustment for the taxable year to the extent and in accordance FIRST AMENDMENT TO THE GENERAL PARTIqERSHIP AGREEMENT MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS BUILD1NG DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Fax 888-6854 November 20, 2000 Mr. Rick Thomas Wild Shamrock, LLP 12301 W. Explorer Dr. Suite 240 Boise, ID 83713 Re: Expiration of First Meridian Plaza Subdivision Final Plat Approval Dear Mr. Thomas: On November 17, 1998, the Meridian'City Council approved the final plat for First Meridian Plaza Subdivision. According to City Ordinance I2-3-8.A., final plats "must be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council." According to records ~rom the Ada County Recorder's Office, the First Meridian Plaza Final Plat was recorded on September 25, 2000, which exceeds the maximum one (1) year timeframe set by ordinance. Since you have not submitted and City Council has not approved a time extension request, the final plat has become null and void. In order for the subject plat to be considered valid by the City of Meridian and before any zoning certificates or building permits can be issued on any of the four (4) lots within the subdivision, a Variance application must be submitted to the Planning and Zoning Department and subsequently approved by City Council. A copy of the Variance application form is enclosed. Should you have any questions, please contact either Brad Hawkins-Clark or me at 884-5533. Sincerely, Shari Stiles Planning Director Enclosure J ,a~EL-,ORDED- REQUEST OF zooosP25 ~,o2 i 000"/626L~ PLAT RE¢ORD]:N~ ,SHEET INSTRUMENT NO. BOOK PAGE thru 75/0 SUBb:I:V]:$]:ON NAME AT THE REQ~UEST OF /-'¢/~ COMMENT5 q'~L¢- /~/ '"~/J// /~/~' CONTINUATION CERTIFICATE Insurance Company of the West , Surety upon a certain Bond No. 1717923 dated effective November 9 1999 (MONTH-DAY-YEAR) on behalfof Wild Shamrock LLP (PRINCIPAL) and in favor of City of Meridian (OBLIGEE) does hereby continue said bond in force for the further period beginning on November 9 2000 (MONTH-DAY-YEAR) and ending on November 9 2001 (MONTH-DAY-YEAR) Amount of bond $19,547.00 Description of bond Landscape Bond for First Meridian Plaza Premium: $195.00 PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and provisior that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed the amount of said bond as hereinbefore set forth. Signed and dated on January 9 2001 (MONTH-DAY-YEAR) '-~ranCBy ~ A-I-rORN E~"~l~lish S-0157/GEEF 11/99 Insur ce Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: RODNEY A. HIGGIN8, MICHAEL Z. ENGLISH, BERT HIGGIN$, GAlL A. JOHNSON, STACl L. JAYO its true and lawfuiAttomey(s)-in,Fact, with full power and authority, to execute, on behalf'of ~e Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed.by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named .in the given Power of Attorney to execute on behalf of the Compeny~ fidelity and surety bonds, undertakings, or other oontmots of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certi~ng the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 3rd day of March 1999. STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. hn L. Hannum, Executive Vice President IN WITNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of atterney, .pureuant to California Probate Code {}4121 and 4122. ~faul CERTIFICATE: - - ~anis Theodore I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a truce copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. ICW 37 IN WITNESS WHEREOF, I have subscn'bed my name as Assistant Secretary, on this 9'['I-I day of J.A.~UAR¥ 2001. FIRST MERIDIAN PLAZA AKA MERCHANTS PLAZA PROPERTY OWNERS WITHIN 300' HOPE-PONDEROSA OREG LTD PO BOX 5668 PORTLAND OR 97228-5668 231 S MERIDIAN RD CASCADE APARTMENTS LLC PO BOX 518 MERIDIAN ID 83680-0518 S MERIDIAN RD 325 S MERIDIAN RD MAYFIELD ROBERT E & EVANGELINA HC 67 BOX 2050 CHALLIS ID 83226-9701 305 S MERIDIAN RD N & D INC PO BOX 851 MERIDIAN ID 83680-0851 417 N MERIDIAN RD 417 S MERIDIAN RD BISS JOHN JR & BISS KELLY 7504 LIMA NAMPA ID 83687-0000 499 S MERIDIAN RD BERRY ARTHUR J TAMURA DOUGLAS W 960 BROADWAY AVE STE 450 BOISE ID 83706-3671 S MERIDIAN RD 555 S MERIDIAN RD OLMSTEAD FAMILY TRUST OLMSTEAD GERALD V TRUSTEE PO BOX 668 BAKER CITY OR 97814-0000 601 N MERIDIAN RD MERIDIAN DAIRY SHOWS INC 1892 HENDRICKS CT MERIDIAN ID 83642-1326 322 E 01ST ST LES SCHWAB TIRE CTRS OF BOISE PO BOX 667 PRINEVILLE OR 97754-0667 303 E 01ST ST MERIDIAN BOWLING LANES INC 2710 LAURELHURST DR BOISE ID 837054562 324 S MERIDIAN RD WILD SHAMROCK PARTNERSHIP 12301 W EXPLORER DR STE 240 BOISE ID 83713-0000 521 E 01ST ST ZAMZOWS INC 1201 FRANKLIN BLVD NAMPA ID 83687-0000 136 E WATERTOWER LN HON WILLIAM A AND HON ROLAND L NORRIS WILLIAM E PO BOX 828 BOISE ID 83701-0828 107 E WATERTOWER LN PIONEER BUISNESS CENTER 102 S 17TH ST STE 300 BOISE ID 83702-0000 320 E CORPORATE DR FIRST INTERSTATE BANK OF IDAHO PO BOX 63931 SAN FRANCISCO CA 94163-0000 210 E CORPORATE DR FIRST SECURITY BANK OF IDAHO PO BOX 30006 SALT LAKE CITY UT 84130-0006 E 01ST ST 536 S MERIDIAN RD G & H ENTERPRISES PO BOX 190008 BOISE ID 8371%0008 601 E 01ST ST ROCKY MOUNTAIN PIZZA HUTS INC 504 N PHILLIPPI ST BOISE ID 83706-1522 675 E CENTRAL DK with the provisions contained in Treasury Regulation Section 1.704-1(b)(2)(ii)Co)(2) (or such succeeding or superseding' regulations, if applicable). Notwithstanding any other provision of this Agreement, upon dissolution no partner shall have any obligation to restore a deficit capital account. 4. Except as otherwise set forth herein, the Agreement remains unchanged and is acknowledged and ratified. DATED: ,1998 HAROLD E. THOMAS DATED: KENRICK "RICK" E. THOMAS FIRST AMENDMENT TO THE GENERAL PARTNERSHIP AGREEMENT - 2 i' APPLICATION FOR REGISTRATION OF LIMITED LIABILITY PARTNERSHIP To the Secretary of State of Idaho ,JUL ~ ~ PO Box 83720 Boise, ID 83720-0080 SEOr, i';~.;~- ,',.- ,., ,.-,TE · . -r:.vr ~.-- ~ ":~.~;'.O. .. The undersigned partnership hereby applies for reg~stratlor~s a-I"~mitea' L~ab~hty Partnership, and. submits the following information pursuant to section 53-343A, I.C. 1. The name of the partnership is Wild Shamrock, 1'.I,1) 2. It's principal office is located at 7259 Cascade Drive, Boise, ID 83704 3. It's registered office in Idaho is located at 7259 Cascade Drive, Boise, ID 83704 agent at that address is Harold E. Thomas The partnership is organized in the state of Tdaho The nature of it's business is to acquire and manage state ot Idaho The name(s) and address(es) of at least one partner: Name Kenrick "Rick" E. Thomas Harold E. Thomas ,and the name of the registered real property located within the Address 5727 Hill Rd., Boise, ID 83703 Other matters (optional): .' 7 o Signature(s) of at least one partner listed in item 6. Kenrick "Rick" E. Thomas File in duplicate Secretary 87/13/1998 ~: 736~ CT: L~1~8 I ~ 1~8.M = 166. M 127534 ~ tip COL !:\corp\forms\LLP Fee: $100 if typed with no attachments Title File No.: B94-29419 WARRANTY DEED FOR VALUE RECEIVED MERIDIAN-IDAH° PROPERTIES, a General partnership GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto WILD SHAMROCK PARTNERSHIP, an Idaho Partnership GRANTEES(s), whose current address is: ~12301 W. Explorer Dr., ~/240, Boise, ID the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE ATTACHED EXHIBIT "A" WHICH BY THIS REFERENCE BECOMES A PART HEREOF AND IS COMPRISED OF ONE (1) PAGE 9q089307 83704 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,Of any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: October 3, 1994 ACKNOWLEDGEMENT -- Partnership STATE OF ...... ~ . , Countyof ...... ~ .... ss. on ./a= /3 this ............ day o£ .... ~ ........... Public in an~forslfid State personally apm~red . .~,.'". ' ~$~*.. and the partner(s)who subscr,bed sap p. ar~'s name 't~--t~e'~o&oing in- strument, and acknowledged to me tha~.~.., exeCuted'the s~me in said partnership name~. -~ ~/.y~. '"' ' N e: ..... ........ (type or print) ................ Residing al: ......... /~..¢ .............................. My commission expires: ...... '~"/~'~/'~'Z .......................... 87.oo9c Escrow, Inc.