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HomeMy WebLinkAboutCity Clerk Checklist�— CITY CLERK FILE CHECKLIST Project Name: Gemtone Center No. 5 Contact Name: Gary Smith Date Received from Planning and Zoning Department: Planning and Zoning Level: Transmittals to agencies and others: allotice to newspaper with publish dates: ❑ Certifieds to property owners: File No. VAC 06-009 Phone: 319-1585 May 22, 2006 Hearing Date: and ❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny Notes: City Council Level: 0 Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: Hearing Date: July 5, 2006 May 23, 2006 06/ 12/06 ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Notes: 06/26/06 Findings / Conclusions / Order: Rasalutlons 0n9;n6Res/CWYCarf. M;nutabcok Approved by Council: Copy Res / Copy cen. Cly clerk City City Planner Copies Disbursed: ciI/Artemey se„;ng Codl;ers Project File Findings Recorded Daputy Clerk Copy Res/Ongmal Can Ana Co" (CPAs) Development Agreement: RAp°"°a«oraoradOntli-°PA�) nancK. ❑ Sent for signatures: Dnginal M;nuta1,00k DSreatrakC',Cl- Signed by all parties: eawra sate rrr. Audlor, Assessor starring CedM1ers C;y A.may ❑ Approved by Council: Enpn— C ry Planner PrO;e thla ❑ Applicant (If appl ) Deputy Clerk Recorded : Flndnps, OrCars: Copies Disbursed: On9;nat Mnu*b,,k Copies k. Applicant Pro;eclfila C„y Englnaer Ordinance No. Resolution No. Ciy Planner CityA—, Approved by Council: ".Puy Q., " R«ord Vacatlon Flndnps " R.arkd .valapm.nt Ayra.man6: ❑ Recorded: Deadline: 10 days Dnpnal. F;reproof File COP- N Applicant Prroectfila Published in newspaper: C;ty Engineer Cary Plarner DIyA„ ., ❑ Copies Disbursed: Deputy Clerk CITY OF IDAHO/ R%tt` TREASURE VN=EY T 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 888-6844 Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - 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 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN o Attn: Will Berg, City Clerk, by: June 29, 2006 Transmittal Date: May 23, 2006 File No.: VAC 06-009 Hearing Date: July 5, 2006 Request: Request for a Vacation of a 10 ft. irrigation easement along the west boundary of Lot 2 Block 7 of Gemtone Center No. 5 By: DMHR Development, LLC Location of Property or Project: on Commercial Drive, W of Nola Road, N of East Franklin Road David Zaremba (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 Shaun Wardle, 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 Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Meridian Development Corp. Historical Preservation Comm. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper (ICY OF L.. _:... w IDAHO �] �✓''�_,,A of Review Requested (check ❑ 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 Applicant Information Plannin SION & COUNCIL REVIEW MAY 2 2 2006 City of Meridian City Clerk Office Applicant name: A lie►r v 10 b AnIVII 0. L L r Phone: Applicant address: �, pk ']'� M y 1 Lr I'A vi �� Zip: Applicant's interest in property: 9 Own ❑ Rent ❑ Optioned ❑ Other Owner name: 01Vl 14 9 Of \Ay 1 24yy\ o Phone: Owner address: of ib ox T7 p - yNl c-h }- zip: 31c>B i7 Agent name (e.g., architect, engineer, developer, representative): G c -M S 61 j � k Firm name: N cy) e, T! J q �y t-4 i4 GI Phone: �J 19 Address: �t I'i ut70 fcv�41 i3i ISz t Id to zip: 3 7C Primary contact is: ❑ Applicant ❑ Owner Agent ❑ Other Contact name: _ GaA -14 Sm i tL� E-mail: C 1 f ci t rE P L e A O L, (C M Subject Property Information Phone: ► �{ - 1 `> Fax: LOcation/street address: t. V 2 0 Lk `� - (�(� �v,h C e v e r N$ s �t b d. Assessor's parcel number(s): (Q f� 4�iJ q $ C- Township, range, section: , E, Se ', 3 Total acreage: Current land use: �l C , 1-j` Current zoning district: 1 - L 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 . Website: Nvww.meridian city ore 1 Project Description Project/subdivision name: G e rryy rjt, c Q ✓t+e r -n o, S i.t b cj � V 1'S I V V% General description of proposed prcject/request: If Ac m:e (p � p } I'Wt h A j-lgyl 42it sem-en� alov►u �n�lre ~w1r�s•I' Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential '1� Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? AC Ve i$Phe r c� Vtvt, 11, lG , Vi Salt C.- Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: 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 dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots:_ Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: -- Number of compact spaces provided: Authorization Print applicant name: �,1I� ��7R 0t elGPMi'nt LLP —1Vg der �V Morrow pies idevAt Applicant signature: .�� 660 E. Watertower Lane, Suite 202 . Phone: (208) 884-5533 • Facsimile: (208 g88 Meridian, Idaho 83642 2 -68-)4 • Website: www.meridiancity.org Gary D. Smith, PE 3917 Kootenai Street Boise, Idaho 83705 May 15, 2006 City of Meridian Planning & Zoning 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Re: Vacation Request of Platted Irrigation Easement Lot 2, Block 7 - Gemtone Center No.5 Subdivision Herewith submitted are the following items, as required by your Vacation Application Checklist, to facilitate the processing of this vacation request through the Meridian City Council: • Completed and signed Commission & Council Review Application. • A check in the amount of $385 for the application fee. • Narrative describing the reasons for the proposed vacation request. • Names of persons affected by the proposed vacation request. • Legal description of the platted easement to be vacated. • Copy of the recorded Warranty Deed for Lot 2, Block 7. • Affidavit of Legal Interest as signed and notarized by the property owner. • Scaled vicinity map showing the location of Lot 2, Block 7. • Scaled site plan showing the easement proposed to be vacated. • Neighborhood meeting sign -in sheet. The lot owners respectfully request that this easement vacation be scheduled before the Meridian City Council at the earliest date possible. If additional information is needed please don't hesitate to contact me at 870-3201 or via e- mail at Clearcreek38@AOL com. Sincerely, Gary D. Smith Gary D. Smith, PE 3917 Kootenai St. Boise, Idaho 83705 (208)870-3201 Representative for DMHR Development, LLP Narrative Supporting Vacation of Irrigation Easement Lot 2, Block 7 of Gemtone Center No.5 Subdivision Lot 2, Block 7 of Gemtone Center No.5 Subdivision, as filed for record in Book 90 of Plats at pages 10575 and 10576, Ada County, Idaho, shows a ten (10) foot wide irrigation easement along its entire westerly boundary. The owner of this lot, DMHR Development, is respectfully requesting that the Meridian City Council vacate this platted easement to better facilitate development of this lot by allowing construction of a depressed truck unloading dock, along a portion of this west boundary, for use by the building tenants. The reasons for this vacation request are as follows: 1. Mr. Stan McHutchison, PE, Gemtone Subdivision developer's engineering representative, relates that he believes the intent of this easement was to facilitate placement of a pressurized irrigation system for the lot, although the City of Meridian did not require this easement in their review of the final plat submittal. Lot 2, Block 7 is connected to the other build -able lots in this subdivision by a rather irregular, dog -leg shaped, parcel identified as Lot 1, Block 6, as shown on the attached copy of the plat. All of Gemtone Center No.5 Subdivision, north of Pine Avenue, lies within the Settler's Irrigation District. Settler's has agreed to maintain and operate a pressure irrigation system for that portion of the subdivision. However, Lot 1, Block 6 and Lot 2, Block 7, are not within the Settler's District and therefore the subdivision's pressure irrigation system was not extended to these two lots. The City received a letter from Settler's regarding the limits of their service area. In accord with Settler's letter, the City Engineer did not require extension of a pressurized irrigation system to these two lots. 2. No physical evidence of any irrigation, or drainage, ditch presently exists along the westerly boundary of this lot. 3. Nampa & Meridian Irrigation District is agreeable to the vacation request. (See attached Easement Relinquishment). All owners of property located within a 300 foot distance of Lot 2, Block 7, have been identified as: • BW Meridian Inc. 250 S. Beechwood Ave. Boise, Idaho 83706 • Hopkins, Barry & Kris 15246 Frost Road Caldwell, Idaho 83605 • McCall Properties, Inc. 5480 NW Front Ave. Portland, OR 97210 • Meridian Joint School District No.2 911 N. Meridian Road Meridian, Idaho 83642 • Pine -Eagle Investments LLC 1409 N. Main Street Meridian, Idaho 83642 • Pleasant Valley Limited Partnership PO Box 5405 Boise, Idaho 83705 • Seven Gates Investment LP PO Box 860 Meridian, Idaho 83680 P� • Taylor, Charles E. 2390 E. Commercial St. Meridian, Idaho 83642 A notice of a neighborhood meeting was sent by regular mail to each of the above property owners and a meeting was held on -site on April 18, 2006 at 2:00 P.M., to receive their comments concerning this vacation request. A copy of the sign up sheet of those attending the meeting is attached. There was no opposition to this easement vacation request from those property owners. IN garys Page 1 of 1 , V B W MERIDIAN INC DMHR DEVELOPMENT LLP 250 S BEECHWOOD 120 PO BOX 770 BOISE, ID 83706-0000 MERIDIAN, ID 83680-0770 HOPKINS BARRY M & HOPKINS KRIS 15246 FROST RD CALDWELL, ID 83605-0000 MERIDIAN JOINT SCHOOL DIST NO 2 911 N MERIDIAN RD MERIDIAN, ID 83642-2241 SEVEN GATES INVESTMENT LP PO BOX 860 MERIDIAN, ID 83680-0860 TAYLOR CHARLES E 2390 E COMMERCIAL ST MERIDIAN, ID 83642-5972 MCCALL PROPERTIES INC 5480 NW FRONT AVE PORTLAND, OR 97210-0000 PINE -EAGLE INVESTMENTS LLC 1409 N MAIN ST MERIDIAN, ID 83642-0000 SEVEN GATES INVESTMEN' PO�BOX .860 A4 D AN, ID 83680-0860 DMHR DEV ENT LLP PO 770 ERIDIAN, ID 83680-0770 MERIDIAN JOINT SC �DIST NO 2 911 N ME IAN, ID 83642-2241 PLEASANT VALLEY LIMITED PARTNERSHIP PO BOX 5405 BOISE, ID 83705-0000 SEVEN GATES INVEST�� LP PO BO RIDIAN, ID 83680-0860 150252 JB/HH =_viewed and x. A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 703 S. Americana, Suite 190 / Boise, Idabo 83702 (208) 373-3744 WARRANTY DEED For Value Received Pleasant Valley Limited Partnership, an Idaho limited partnership hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto DMHR Development, LLP, an Idaho limited liability partnership hereinafter referred to as Grantee, whose current address is P.O. Box 770, Meridian, ID 83680 the following described premises, to -wit: Lot 2 in Block 7 of Gemtone Center No. 5, according to the official plat thereof, filed in Book 90 of Plats at pages 10575 and 105 6, official records of Ada County, Idaho. Tax Parcel No. S 1108427985 To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: December 14, 2004 Pleasant Valley Limited Partnership, Idaho limited partnership Linda L. STATE OF IDAHO, County of Ada, ss. On this &&day of December, in the year of 2004, before me the undersigned, a notary public personally appeared Linda L. Yanke known or identified to me to be one of the partners in a partnership, of Pleasant Valley Limited Partnership and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. .00tii 0L Publi ID �i0 koTAR Y Residing at lase a o _ Commission expires: r�/c AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) 11 y1// /I K ou19l "*-I , �Q , 6�— x 7 7 G' (tee) (address) cz—, �e �G (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 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 day of / f l h i �' �� ;..-- 20Olzl_ .0 t (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ���'�HI�Y�•� (Notary Public for Idaho) VIP A Residing at: `MY GGjq My Commission Expires: r � / GEMTONE CENTER NO. 3 AI?R / FJOSW W war MWORARY 07SW Ja,m EASDOT w / fuaMMlouNo EA504]Ii Iro do o< 1E7nouw ra�,c ra. euneaJ�= - E_. STATE AVENUE °D r CV _ 12g pot 1 • S 89 54'Ot"E 1 UNPLATTED I �1 of WIG Z' 1 i ,y OQ1 t11 MRIMIAM S 013 1QEP1— i tE1uot C4 fi3lm) INWAI M FllSL w {pS'iIMl1E'Mt MQ 90.7s206) W W W W 2 1$ 3 19 BLOC w PAX UTAM E ASDOff - 99.78'- - /- -120.00- - - -120-W - - 5 / SM GETAL 0 / 0CL1L A \ S 0119,09" '59" E � r / N O Z E Z W U w Z 0 w U NUME Cl C2 C3 C4 C5 CENTER 1/�— S 89*54'1 a CORNER ;p 1 Faro WA.a CAP ? cwM0.7w4v --.-- - S 89'54'01_E 490.83'__ \ 8 $` E. PINE AVENUE-- - C ! N 8954'01" W 587.4 S 00'05'41 7MI C 330.68' \ 15.00' 20' &AM WMAcic 1 I , - - - - - - - - - - - - - - N 89�4'Ot" w 2815 oa' �10$13�-� I "` % ---(BASIS OF BEARING)_-- N. ' IBLOCK 6 /� 1 I t!, I i _ vrm I t17 EXIOW f / ! ------ Ll If ---T-T 1 00 j ' i J Igo ( / O' lAIJIE /IG'61001C 1 w lAl r AW ' 2 I 21. S 8Mll" E S 1!! Oh I V I�21.00--/ 70.00' 1 - UNPLATTED W t'---------------/1 I t n Q J wG�.J �' E�— 2YF.-aV .. 1 ( Z r \ o I l 1 ILI E_ COMMERCIAL STREET j -------g (AL9 1 \ li` N�n C4 O t!' ------------- W 1- —' I*-I BLOCK 7 A 1 1 1 iI =ni1 AYNE INDUSTRIAL I w i I$ DAROL'S PATCH i-S 2 I tA PARK I Z i I SUBDIVISION z im ' NUMF j E. COMMERCIAL STREET 1- r< I 1-I-•-+tnon 1 g L2 i S,�" f L3 _ E 201.90' -I I L4---------- - L5- -- if L6ET COMMERCIAL STREET/ 1 L7- BLOCK 7 11 s uMAPr umolr� 1 L8 DAROL'S PATCH 2 - t, w L10 SUBDIVISION I f �., _ ' alrna_sanM tn6 ooa�u W MASS CAP Lil GD2 F. lo. 107pp3JQ) U.P.R.R. TRACKS 1 Rid,-4100� & t7Z) 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 6 May 2006 Gary D. Smith PE 3917 Kootenai St. Boise, ID 83705 ice.: Gemtone Center No. 5 Subdivision/Lot 2, Block 7/Meridian, Idaho Dear Gary: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Your request to vacate a ten foot (10') wide irrigation easement as platted along the entire west boundary of this lot is not an easement which Nampa & Meridian Irrigation District has any facilities in. An onsite visit revealed that there are no irrigation ditches in this area which the District operates and maintains. Therefore since the Nampa & Meridian Irrigation District has no physical facility ownership in this area there is nothing for the District to vacate or relinquish nor do we have any problems with the city granting your vacation of easement. Please feel free to contact me if you feel further discussion is required. Sincerely, John P. Anderson Water Superintendent Nampa & Meridian Irrigation District JPA/dbg C: Board of Directors Secretary,/Treasurer Asst. Water Superintendent Crew Foremen Ride 3 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 DMHR Development, LLC PO Box 770 Meridian, Idaho 83680 March 29, 2006 To Whom It May Concern: We are the owners of Lot 2, Block 7 of Gemtone Center No. 5 Subdivision, as filed for record in Book 90 of Plats, pages 10575 and 10576, Ada County, Idaho. To facilitate the development of this lot, we are proposing to the Meridian City Council to vacate a ten (10) foot wide irrigation easement along its westerly boundary, as shown on the attached copy of a portion of the plat. Our research has revealed that this easement was intended to contain a pressurized irrigation pipe, as required by the City for all subdivisions. Because this lot is not within the Settler's Irrigation District Boundaries, who will operate and maintain the pressure irrigation system for the other lots in this subdivision, the City did not require installation of a pressurized irrigation system to this lot. However, the easement remained on the plat which was subsequently recorded. No irrigation or drainage ditch exists within this recorded irrigation easement. Your property has been identified as being within 300 feet of the boundary of the subject lot and, in accordance with the requirements of the City of Meridian, a neighborhood meeting must be held to personally apprise you of this vacation request. To that end, an on -site meeting will be held on April 18, 2006 at 2:00 PM. The attached vicinity map shows the location of this lot on Commercial Street, with respect to Eagle Road, Franklin Road and Nola Road. We hope that you or your representative can attend this meeting. The lot can be accessed on Commercial Street from either Nola or Eagle. If you have any questions or need additional information please call our representative, Mr. Gary Smith, at (208) 870-3201. Respectfully, DMHR Development, LLC Walter W. Morrow, President GEMTONE NO.5 SUBDIVISION LOT 2, BLOCK 7 - TEN FOOT WIDE IRRIGATION EASEMENT VACATION NEIGHBORHOOD MEETING SIGN -IN SHEET - APRIL 18, 2006 - 2:00 P.M. @ LOT 2, BLOCK 7: RADIUS NOTICE REPORT 22 May-2006 Owners B W MERIDIAN INC Property Address: DMHR DEVELOPMENT LLP Property Address: DMHR DEVELOPMENT LLP Property Address: HOPKINS BARRY M & HOPKINS KRIS Property Address: MCCALL PROPERTIES INC Property Address: MERIDIAN JOINT SCHOOL DIST NO 2 Property Address: MERIDIAN JOINT SCHOOL DIST NO 2 Property Address: PINE -EAGLE INVESTMENTS LLC Property Address: PLEASANT VALLEY LMTED PARTNERSHIP Property Address: FILE NAME: gemtone5 Owner Address 250 S BEECHWOOD 120 BOISE, ID 83706-0000 gemtone5 PO BOX 770 MERIDIAN, ID 83680-0770 gemtone5 PO BOX 770 MERIDIAN, ID 83680-0770 gemtone5 15246 FROST RD CALDWELL, ID 83605-0000 gemtone5 5480 NW FRONT AVE PORTLAND, OR 97210-0000 gemtone5 911 N MERIDIAN RD MERIDIAN, ID 83642-2241 gemtone5 911 N MERIDIAN RD MERIDIAN, ID 83642-2241 gemtone5 1409 N MAIN ST MERIDIAN, ID 83642-0000 gemtone5 PO BOX 5405 BOISE, ID 83705-0000 gemtone5 1 a.% Owners Owner Address SEVEN GATES INVESTMENT LP Property Address: SEVEN GATES INVESTMENT LP Property Address: SEVEN GATES INVESTMENT LP Property Address: TAYLOR CHARLES E Property Address: PO BOX 860 MERIDIAN, ID 83680-0860 gemtone5 PO BOX 860 MERIDIAN, ID 83680-0860 gemtone5 PO BOX 860 MERIDIAN, ID 83680-0860 gemtone5 2390 E COMMERCIAL ST MERIDIAN, ID 83642-5972 gemtone5 FA 'VO.. 250252 JB/HH viewed and ap A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 703 S. Americana, Suite 190 / Boise, Idaho 83702 (208) 373-3744 WARRANTY DEED For Value Received Pleasant Valley Limited Partnership, an Idaho limited partnership hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto DMHR Development, LLP, an Idaho limited liability partnership hereinafter referred to as Grantee, whose current address is P.O. Box 770, Meridian, ID 83680 the following described premises, to -wit: Lot 2 in Block 7 of Gemtone Center No. 5, according to the official plat thereof, filed in Book 90 of Plats at pages 10575 and 10576, official records of Ada County, Idaho. Tax Parcel No. S1108427985 To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: December 14, 2004 Pleasant Valley Limited Partnership, an Idaho limited partnership Bv: .fj , Linda L. Yanke, General Pail er STATE OF IDAHO, County of Ada, ss. On this j�djday of December, in the year of 2004, before me the undersigned, a notary public personally appeared Linda L. Yanke known or identified to me to be one of the partners in a partnership, of Pleasant Valley Limited Partnership and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. . v,lumssion expires: 7//a/D7