HomeMy WebLinkAboutCommercial Tire FP-01-022 (2)CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 FILM
(208)884-5533 Phone / (208)888-6854 Fax f P-ol-OZz
REQUEST FOR SUBDIVISION APPROVAL
FINAL PLAT APPLICATION
(RE: Meridian Subdivision Ordinance - 12-3-7 thru 12-3-9)
1. Name of annexation and subdivision: Commercial Tire
2. Address, general location of the site: Southwest of Meridian Rd. and Eight Mile Lateral
3. Owner(s) of record: John.& Bonnie Schwenkfelder, L.P.
Address: 2060 N. Sparkling Place, Meridian, ID 83642
Phone: Fax:
4. Applicant: Pinnacle Engineers, Inc. - Clinton E. Boyle, AICP
Address: 12552 W. Executive Drive, Ste B, Boise, ID 83713
Phone: 887-7760 Fax: 887-7781
5. Engineer: John G. Carpenter, P.E. Firm: Pinnacle Engineers, Inc.
Address: 12552 W. Executive Dr., Ste B, Boise, ID 83713
Phone: 887-7760 Fax: 887-7781
6. Name and address to receive City billings- Name: P.C.I. - Kurt Kroll
Address PO Box 190708, Boise, ID 83719 Telephone: 841-1597
7. Subdivision phase number (if applicable): N/A
FINAL PLAT FEATURES
1. Acres: 2.44 ac
2. Number of building lots: 1
3. Number of other lots: 0
4. Gross density per acre: 0.41 Bldgs/acre
5. Net density per acre: 0.56 bldgs/acre
6. Zoning district(s): C -G
7. If the proposed subdivision is outside the Meridian city limits but within the area of
impact, what is the existing zoning classification? N/A
8. Have recreational easements been provided for in accordance with the approved
preliminary plat? N/A
9. Are recreational amenities to the City agreed to in the preliminary plat provided in this
plat? N/A Explain
10. Are there any amenities to the City provided in this phase?Yes Explain Pennwood
Street will be extended to Meridian Road DrovidinR street interconnectivitv
11. Type of building (residential, commercial, industrial, office or combination): Commercial
12. Type of dwelling(s) (single family, duplexes, multiplexes, other): N/A
1 Rev. 10123101
13. Proposed development features:
a. Minimum square footage of lot(s): 77,525 sq. ft
b. Minimum square footage of structure(s): per Meridian City Code
C. Are garages provided for? N/A Square footage
d. Has landscaping been provided for? Yes Describe: see Conditional Use
Permit - Landscape Plan
e. Are sprinkler systems provided for? Per site development
f. Are there multiple units? No Type:
Remarks:
g. Are there special set back requirements? No Explain:
STATEMENTS OF COMPLIANCE
1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by
Ada County Highway District and Meridian Ordinance. Dimensions will be
determined by the City Engineer. All sidewalks will be five (5) feet in width.
2. Proposed plat is in conformance with the City of Meridian Zoning & Subdivision
Ordinance and Comprehensive Plan.
3. Development will connect to City services.
4. Proposed plat is in conformance with the approved preliminary plat.
5. Proposed plat is in conformance with acceptable engineering, architectural and
surveying practices and local standards.
6. Street names do not conflict with City grid system.
7. All items noted on the final plat checklist have been completed.
I have read the information contained herein and certify the information is true and correct and
that this plat is in compliance with the above statements.
2
Signature o pplicant
Rev. 10123101
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COMMERCIAL TIRE SUBDIVISION
A PORTION OF THE SEI/4 OF THE NEI/4 OF SECTION 13
TOWNSHIP 3 NORTH, RANGE 1 HEST, BOISE MERIDIAN
ADA COUNTY, IDAHO
2002
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DRAWN BY:
DATE:
REVISION
DJL
11-21-01
PINNACLE.
MARK
DESCRIPTION
DATE
DESIGNED BY:
CHECKED BY:
Engineers, Inc.
12552 W. Executive Or., Suite B, Boise, Idaho
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83713
(208) 887-7760
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PSS ""`"'a RECORDED-REOUF -OF
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C(,..AZQIitUTi*WA+#RANTY DEED) � �
;,0Ayiorjt:,� nttu FEEL—.DEPUTYIidl +7�–
2000 OC z6 Im W46 100086345
FOR VALUE RECEIVED,
FIRST AMERICAN
N & D, far-, an Idaho corporation - •
a corporation duty brganized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell
and Convey unto
John R. Schweakfelder, a married man as his sole and separate property,
and J. Trent Schwenkfelder,•a married man as his sole and separate
property
whose address is: 2060 N. Sparkling Place, Meridian, ID 83642
grantee, the following described real estate, to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF.
SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision restrictions
and U.S. patent reservations.
TO HAVE AND TO BOLD 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 it is the owner in a fee
simple of said premises; that they are free from all encumbrances and that it will warrant and defend the same from all
lawful claims whatsoever.
IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its
corporate name to be hereunto subscribed by its President this 241h day of October, 2000.
N c 'D, Inc
r'
NSG. Fuller, Preaiden
STATE OF IDAHO )
S&
COUM'Y OF Ada )
On This 25th day of October, in the year 2000, before me, a Notary Public in and for said State, personally
appeared Norman G. Fufleir, known -or idgWWIyd to me to be the President of. the Corporation that e>Eecutcd the
Instrument or the person who exectt[e�rnstriifegt on behalf of Corporation, and ' clinowledged to ine that such
Corporation executed the same. o% �..�••..14, 14
a: �pT A a !^ to NotaryPublic of laaho J
�•"' _ * t Residing at Meridian
'* PUBS.tG ; ? Commission expires:9/26/2002
06,
�'•�T� OF 19 .�
First American Title Company of Idaho
L '
A M r 0, h.
QUITCLAIM DEED
For Value Received
Iohn R. Schwenkfelder, a married man as his sole and separate property, J. Trent Schwenkfelder, a married man as his
sole and separate properly,
do hereby convey, roleasu, remise and forevor quit claim unto
John R. Schwenkfelder and Bonnie P. Schwenkfelder
Limited Partnership
Whose address is 200 N. Sparkling Place, Meridian, Idaho 83642
the fallowing described premises, to -wit:
:*.r.? EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF.
.rsthcr with their appurtenances.
I waned: November 20, 2000
I din R. Schwenkfelder J. Trint Schwenkfelder
i
i AT -E OF IDAHO )
I +LINTY OF Ada )
j On This 2 v day of November, in the you 2000, before me, a Notary Public in and for said State, personally
q+peared John R. Schwenkfelder and J. Tronl Schwenkfelder, known or identified do me to be the peraon(s) whose
i a�me(s) are subscribed to the within Instrument, and acknowledgto me that they executed the same.
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t r'r.' Notary Public of Idaho
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��r First American Title Company of Idaho f
•CERTIFiCA`► ftW` OF 'L1MITED 'RARTNER§Aip. r
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To -the Secretary of State of Idaho,
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Statehouse, Boise, Idaho 83720
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1. The name of the limited partnership is: J. R. SCRWENKFELDER and BONNIE P.
SCHWENKFELDER LIMITED PARTNERSHIP
2. The name and business address of the registered agent are:
J.R. Schwenkfelder, 1950 S. Cole Road Boise Idaho 3704
(not a P.O. Box)
3. The name and business address of each general partner are:
Name Address
J.R. Schwenkfelder 1950 S. Cole Roa of
Bonnie P. Schwenkfelder 1950 S. Cole Road Boise Idaho 83704
(K mono space b nwdad, oontlntw M ttam 5.) .
4. The latest date on which the partnership will dissolve is: January 1. 20-10
5. Other matters (optional):
a
The names and place of residence of each Limited Partner interested in the
Partnership are as follows:
Kelli Rae Elliott 4016 Christine,' Boise, Idaho 83704
J. Trent Schwenkfelder 3425 Armor Street, Boise, Idaho 83704.
of all general partners:
SaaNary of state U" only
Sc
. -cnwenicteloer
CLP791
FII* in Ouplicab OrigInad
Foo:$60. -I
ORIGINAL
ARTICLES OF LIMITED PARTNERSHIP
OF
J. R. AND BONNIE P. SCHWENKFELDER LIMITED PARTNERSHIP
THIS LIMITED PARTNERSHIP AGREEMENT (hereinafter
"Agreement") is made and entered effective this day of
January, 1992, by and among J. R. SCHWENKFELDER and BONNIE P.
SCHWENKFELDER, husband and wife (hereinafter "General Partners"),
and KELLI RAE SCHWENKFELDER-ELLIOTT, a married woman dealing with
her sole and separate property and J. TRENT. SCHWENKFELDER
(hereinafter "Limited Partners"). Said General Partners and
Limited Partners do voluntarily associate themselves as partners
under this Agreement for the purpose of conducting the business
!_ described herein.
I W I T N E S S E T H:
1. Formation. This Limited Partnership is formed
pursuant to the laws of the State of Idaho and the Idaho Limited
Partnership Act, including amendments thereto which'may be enacted
` from time to time. The terms and conditions of this Agreement, as
amended in' writing, shall, apply unless the Idaho Limited
1 Partnership Act.expressly provides that the statute supersedes any
provision to the. contrary in a partnership agreement. The partners
agree to promptly execute duplicate Certificates of Limited
Partnership and cause the Certificates to be filed in the Offices
of the Idaho Secretary of State, or in lieu thereof, the partners
may file these Articles of Limited Partnership, in duplicate, in
the offices of the Idaho Secretary of State. The partners further
1
IARTICLES OF LIMITED PARTNERSHIP P. 1
I
agree to take such further action as shall be appropriate to comply
with the legal' requirements for the formation and operation of a
limited partnership in all states where the Partnership wishes to
do business. The purpose of the Partnership is to acquire, own,
hold, manage, and sell property, both real and personal, which is
to be held solely for investment purposes.
2. Name of Partnership. The name of the Partnership
shall be J. R. AND BONNIE P. SCHWENKFELDER LIMITED PARTNERSHIP.
3. Registered Agent/Principal Place of Business. The
name and address of the Partnership's registered agent for service
of process is as follows: 1900 South Cole Road, Boise, Idaho,
83704. The principal place of business of the Partnership shall be
1900'South Cole Road, Boise, Idaho, or such other place of.places
as the General Partners may hereafter determine. The Partnership
may maintain additional places of business.
4. Term of Partnership. The Partnership shall commence
on the filing of the Certificate of Limited Partnership and shall
continue until the death, bankruptcy, disability, resignation or
termination of 'the sole remaining General Partner, unless the
Limited Partners elect to continue the partnership pursuant to the
provisions of this Agreement, or unless sooner terminated by law,
unanimous agreement of all General Partners, or the sale of
substantially all of the Partnership assets.
a
ARTICLES OF LIMITED PARTNERSHIP P, 2
5. Accounts.
(a) Complete and accurate books of account, to be
maintained on the -cash basis of accounting, shall be kept at the
Partnership's principal place of business, and shall be open to
inspection by any partner or by his authorized representative at
any time during ordinary business hours. The Partnership's,
accounting period shall be the calendar year.
(b) Separate capital and undistributed profits
accounts shall be maintained for each partner. All Partnership net
profit and loss items shall be charged or credited to the
undistributed profits accounts of the Partners on a pro rata basis.
(c) The books of account shall be closed promptly
after the close of each calendar year, and a report shall be
prepared and sent to each partner showing a balance sheet as of the
end of such.•year, a statement of income and expense for such year,
and a statement of each partner's capital investment and income or
loss
(d) In addition to the annual report, the General
Partners shall cause income tax returns for the Partnership to be
prepared and filed with the appropriate authorities. Copies .or
r
summaries thereof shall be distributed by the General Partners to
the Limited Partners for use in preparing their tax returns.
6. Contributions to Capital and Interest in Income.
(a) Upon execution of this Agreement the partners shall
jointly convey and assign to the Partnership.by.deed the real
ARTICLES OF LIMITED PARTNERSHIP P. 3
property described on Schedule C attached hereto, subject to
liabilities and encumbrances, appurtenant thereto which Partnership
does not assume, and by general assignment and bill of sale the
personal property described on Schedule A attached hereto. These
assets shall constitute the original. capital of the Partnership.
It is acknowledged that said assets were hereinbefore owned 50% by
the General Partners and 50% by the Limited Partners, each owing
25% interest in the property as tenants in common.
(b) The partners shall not be required to make
additional contributions to Partnership capital. Nothing.in this
Agreement shall prevent, any partner from' making unsecured cash
loans to the Partnership by agreement with the Partnership. All
such loans shall bear interest at the rate determined by separate
written agreement between the Partnership and the lending partner,
which rate shall not exceed 1% per annum above the prime rate
charged by the First Secuxity Bank of.Idaho, N.A., Boise, Idaho,'at
the time such loan is made.
7. Allocations Among Partners
(a) The original Capital -of the -Partnership -shall be
divided into equal parts (hereinafter.referred to as Units).
(b) The General Partners shall each have the following
number of Units (referred'to as "General Partnership Units").:
'General Partner No. of Units
J. R. Schwenkfelder 50
Bonnie.P. Schwenkfelder 50
ARTICLES OF LIMITED PARTNERSHIP P. 4
(c) The Limited Partners shall each have the following
number of Units (referred to as "Limited Partnership Units")
General Partner No. of Units
Kell i Rite
Schwenkfelder-Elliott 50
J. Trent Schwenkfelder 50
(d) The partners agree that any negative capital account
shall be treated as a loan from the Partnership and that any
negative capital account shall be restored out of any distribution
by the Partnership on termination of Partnership or any
i
distribution by the Partnership of real or personal property, or
proceeds from the sale of such items outside of the• ordinary course
of the Partnership's business.
8. Partnership Costs and Expenses.
(a) All costs and expenses of the Partnership shall be
paid from Partnership funds, including but not limited to: (i.)
costs of acquiring, operating, and maintaining real and personal
property; (ii) salarids*of employees; (iii) legal and accounting
fees and expenses including those in connection with the formation
of the Partnership; (iv) taxes (except income taxes payable by the
partners), insurance, interest, travel expenses, long distance
telephone and telegraph expenses, repair and maintenance expenses,
(v) every other cost and expense incurred in the Partnership
business whether like or unlike the foregoing, and (vi) a
management fee to General Partners as determined from time to time
by a General Partner.
(b) All* payments 'under this 'paragraph 8, and all
ARTICLES OF LIMITED PARTNERSHIP P. 5
compensation paced to the General Partners under paragraph 11, shall
be treated as Partnership costs and expenses for Partnership
accounting purposes and not as•a payment or partial payment of
Profits to the,Genefal Partners.
9. Allocation and Distribution of Profit and Loss Items
(a) Ordinary Income, EgEenue, Profits, Expenses and
Losses (Profits and LossesL Excluding the items identified in
paragraph 9(b), for tax and accounting purposes, ordinary income,
revenue, profits, expenses and losses shall be allocated
proportionately to the General Partners and Limited Partners in
proportion to the number of Units held by each such partner at the
end of the calendar year of the Partnership as compared•to the
total number of Units of General Partners and Limited Partners of
the Partnership.
(b) Distributions of the net profit and loss items of
the Partnership shall be made at least annually in the proportions
specified herein unless the General Partners determine that the
reasonable needs of -the -business- require that a given amount of
earnings or gains be retained.by the Partnership, in which case
such amount may be retained and transferred pro, rata to the
partners' respective capital accounts.'
10. Rights, Duties and Power of the General Partners
(a) The General Partners shall be solely responsible for
the management of the Partnership business, with all rights and
powers generally conferred by law or necessary, advisable, or
consistent in connection therewith. The General Partners shall
receive reasonable compensation from the Partnership in the amount
ARTICLES OF LIMI---D'PARTNERSHIP P. 6
set forth in paragraph 8 (a) vi above unless the General Partners in
their -sole discretion consent in writing to a lesser. amount. The
General Partners shall have the power on behalf of and for the
Partnership to acquire property and to lease all or any portion on
behalf of and for the Partnership to acquire property and. to lease
all or any portion thereof; to sell, assign, lease, convey, or
transfer for value all or any portion- of the property of the
Partnership to borrow money.; to repay, in whole or in part, to
modify or extend any mortgages affecting such property; to execute,
acknowledge, and deliver any and all instruments to effectuate the
foregoing; to' contract for the erection and construction of
improvements and facilities; to employ from time to time, persons,
firms or corporations in the operation of the Partnership business,
including, without limitation, accountants and attorneys, or such
terms and for such reasonable compensation as they shall determine,-
and
etermine;and to do all things convenient to accomplish the business of the
Partnership. The General.Partners are specifically authorized.to
hire members of their families as employees of the Partnership and
furthermore specifically authorized to hire retired General
Partners as consultants. The General Partners shall conduct the
business of the Partnership in accordance with similar industry and
business standards, and shall use their best efforts on the
Partnershipfs behalf. The General Partners shall have the
authority to make any tax elections required or deemed desirable.
By way of extension of the foregoing and not in limitation thereof,
the General. Partners shall, except as otherwise provided in this
Agreement, have all the rights and powers granted by the Idaho
ARTICLES OF LIMITED PARTNERSHIP P. 7
ILimited Partnership Act to General Partners.
(b) No assignee or -transferee for value of all or any
portion of the property of the Partnership shall be required to
investigate the General Partners' authority to sell, assign,
1 convey, or transfer for value or otherwise liquidate all or any
' portion of - any interest in such property. Any such sale,
conveyance, assignment or transfer for value, if executed by the
General Partners, shall bind the Partnership.
(c) The General Partners shall devote such time as is
necessary for the management of the Partnership; provided, however,
nothing contained herein shall prevent the General Partners from
participating in any other business venture or'endeavor.'
(d) Any of the Partners, General or Limited, may engage
in, possess an interest in and/or be affiliated with other business
ventures of every nature and .description, independently or with
others, including, but not limited to, the ownership, financing,
leasing, operation, management selling, and development of farms
Iand of real and/or personal property; and neither the Partnership
nor the partners. thereof shall* have any rights in and to said
independent ventures or the income or profits derived therefrom.
The fact that a partner, General or Limited, or a member of his
family, or an officer,, director, or stockholder, of such partner is.
' employed by, or is directly or .indirectly interested in or
1 connected with, any person or firm employed by the Partnership, to
render or perform a service, or with whom the Partnership may buy
merchandise or other property shall not prohibit "the General
Partners from employing such persons or. firm, or from otherwise
ARTICLES OF LIMITED PARTNERSHIP P. 8
dealing with it, provided that the terms are reasonable and fair to
the Partnership, and in such event neither the Partnership nor any
other partners thereof shall have any rights in or to any income or
profits derived' therefrom. Nothing herein shall be deemed to
authorize a Limited Partner to take part in the control of the
Partnership business.
(e), The General Partners shall not 'be liable,
responsible, or accountable in damages or otherwise to any of the
partners for, and the. Partnership shall indemnify and save harmless
the General Partners from any loss or damage incurred by reason.of
any act or omission performed or omitted by them in the absence of
bad faith on behalf of the Partnership, provided that the General
Partners were not guilty of gross negligence or willful misconduct.
11. Rights Duties and Powers of the Limited Partners.
(a) A Limited Partner, shall not be bound by, or be
personally liable for, the expenses, liabilities, or obligations of
the Partnership.
(b) A Limited Partner shall take. no part in,, or
interfere in any -manner with, the conduct or control of the
business of the Partnership and shall have no right or authority to
act for, or bind, the Partnership.
(c) No Limited Partner shall have the right to withdraw
from, or reduce his contribution to the capital of, the
Partnership, except as provided in this Agreement. No Limited
Partner shall have the right to bring an action for .partition
against the. Partnership. No Limited Partner shall'.have the right
to demand or receive property other than cash in* return for his
ARTICLES•OF LIMITED PARTNERSHIP P. 9
contribution, but at the discretion of the General Partners if the
Partnership continues, or at the discretion of one charged with
winding up the affairs of the corporation, property may be
distributed in lieu of cash. Each Limited Partner shall have the
same priority as other Limited Partners as to the return of
contributions of capital, or as to profits, revenue, crops,
liquidating distributions, or other distributions.
1. Limitation on TrAnsferabilitY of Limited
Partnership Interests.
(a) The General Partner may not assign' or otherwise
transfer his interest as General Partner without the prior
unanimous written consent of the other General Partners.
(b) A Limited Partner may not assign or otherwise
transfer his interest or withdraw from the Partnership, except with
the prior written consent of all of the General Partners.
(c) An "assignment or other transfer" for this purpose
includes, but'is'not limited to,.a sale, exchange, hypothecation,
collateral assignment, and subjecting the Partnership interest to
a security interest, or any part thereof. 'If a termination of a
partner occurs' by reason of bankruptcy, the Partnership, at its
sole election, shall have the right to purchase the terminated
partner's interest in the Partnership at the unappreciated capital
.account value of said Partnership interest. Said purchase, if
desired by the Partnership, shall be paid within six {6) months
from the adjudication of bankruptcy.
13. Death, Retirement Etc of a Partner. "Termination"
of a General Partner means the death, incapacity, expulsion,
ARTICLES OF LIMITED PARTNERSHIP P, 10
withdrawal or bankruptcy of such General Partner or an assignment
or other transfer of his or its interest in the Partnership as
herein provided.
14. Admission of Additional Limited Partners. With the
prior written unanimous consent of the General Partners, new
Limited Partners may be admitted into the Partnership upon the
payment of such capital contribution and upon such terms as the
General Partners unanimously decide.
15. Business Continuation in the Event of•
Termination of a General Partner.
(a) Upon the termination -of a General Partner, the
business shall be continued by the remaining General Partners, if
any.
(b) Upon the termination of the sole remaining General
Partner, a Substituted General Partner may be designated by the
Limited Partners. The affairs of the Partnership shall not be
wound up by following dissolution, but the business of the
Partnership shall be -continued -by the Substituted General Partner
as a continuing Limited Partnership bound by the terms hereof; the
continuing Limited Partnership shall automatically, and .without
further asset or act of the Limited Partners, succeed to all of the
assets of the Partnership. 'If such designation does not occur
within sixty (60) days after. the• termination of the sole remaining
General Partner, the Partnership shall -be dissolved and liquidated.
If the Partnership is continued, it may continue to use the then
name of the Partnership.
16. Termination of General or Limited Partner. Upon the
ARTICLES OF LIMITED PARTNERSHIP P. 11
termination of any partner, the Partnership, at its sole election,
shall have the right to purchase. the terminated partner's interest
in the Partnership at the unappreciated capital account value of
said Partnership interest. Said purchase if desired by the
Partnership, shall be paid within six (6) months from the date of
termination. In the event the Partnership interest is not
purchased by the Partnership as aforesaid, the terminated partner's
interest shall vest in his heirs, legatees, successors, trustees,
or other legal representative, or assignee, who then may be
admitted as a substituted General or Limited Partner, as the case
may be. The termination of.a Limited Partner shall not cause the
dissolution of the Partnership. The termination of one of several
General Partners, if any, shall not cause the dissolution of the
Partnership.
17. Dissolution; Termination; Windinci Up;
Liquidation Rights. Upon a dissolution, termination, and winding
up of the Partnership, the General Partners shall take full account
of the Partnership assets and liability, •and the Partnership
property shall be.applied and.distributed in the following order:
(a) To the payment of creditors, other than partners, in
the order of priority as provided bylaw;
(b) To the payment of loans made to the Partnership by
Limited Partners;
(c) To the payment of•loans made, to the Partnership by
General Partners;
(d) To the General Partners in respect to their original
capital contributions;
ARTICLES OF LIMITED PARTNERSHIP P. 12
(e) To the Limited. Partners in respect to their original
capital contributions;
(f) To the General Partners proportionately in respect
to their share of the profits and other compensation by way of
income on their contributions (i.e. that amount. in their capital
account over and above their original capital contribution).
(g) To the Limited Partners proportionally in respect to
their share of the profits and other compensation by way of income
on their contributions (i.e. that amount in their capital• account
over and above their original capital contribution);
(h) Anything remaining shall proportionately go to the
Limited Partners.
18. No Right to Property Other Than Cash. In the event
of a liquidation, the partners have no right to property other than
cash, but at the option of the person charged with the duty of
winding up the Partnership affairs, specific assets may be
distributed as that -person deems in lieu of cash.
19. Notices. All notices under this Agreement shall be
in writing, and shall be given to the Limited or General Partner
entitled thereto by'personal service, or by United States mail, to
the address set forth next to their signatures at the end of this
Agreement, unless otherwise 'specified in writing sent to the
Partnership.
20. Titles, Captions.'Not- Co trolling. Titles or
captions contained in this Agreement are inserted only .as a matter
ARTICLES OF LIMITED PARTNERSHIP P. 13'
of convenience, and for reference, and in no way define, limit,
extend, or describe the scope of this Agreement or the intent of
any person hereof.
21. Agreement Binding. •This Agreement shall be binding
upon all parties hereto, their heirs, successors, assigns, and
legal representatives forever.
22. Amendment. This Agreement may be amended only by
the written agreement of all parties.
23. Title of Partnership Property. The property of the
Partnership shall be held in the name of the Partnership.
24. Words and Gender or Number. As used herein, unless
the context clearly indicates the contrary, the singular number
shall include the plural, the plural the singular and the use of
any gender shall be applicable.to all genders.
25. Exhibits. Any exhibit attached to this Agreement is
incorporated herein.
26. Power of Attorney. Each Limited Partner irrevocably
constitutes and appoints the General Partners his true and lawful
attorneys, in his name, place and stead to make, execute,
acknowledge and file a Certificate of Limited Partnership under
applicable laws and any other certificates or instruments,
including registration or filings concerning the use 'of fictitious
names and filings required or appropriate under the laws of any
state, or which the General Partners shall deem advisable to file,
ARTICLES OF LIMITED PARTNERSHIP P. 14
including amendments and modifications of the Agreement and
documents required to effectuate the dissolution and termination of
the Partnership.
Each Limited Partner agrees that the Power of Attorney is
coupled with an interest, and that such Power of Attorney, as .well
as the other powers of the. General Partners set forth in this
Agreement, shall survive the death or legal incapacity of a Limited
Partner and shall survive the delivery of an assignment by a
Limited Partner of the whole or any portion of his Partnership
interest, except that where an assignee of a Partnership interest
has been approved by the General Partners as a Substituted Limited
Partner, the Power of Attorney of the assignor Limited Partner
shall survive the delivery of such assignment for the sole purpose
of enabling the General Partners to execute, acknowledge and file
any instruments necessary to effectuate the substitution.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands the day and year first above written.
GENERAL PARTNERS:
. R. SCHWEN ELDER
� .
BONNIE P. SC9WENKFELD,9R
LIMITED PARTNERS:
V1 QR
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ELLI RAE SCHWENKF LDER-ELLIOTT
Y
J. RENT SCHWENKFE DER
ARTICLES OF LIMITED PARTNERSHIP P. 15
STATE OF IDAHO
County of Ada
on this 3 / day of J6uksFa y , 1992, before me,
the undersigned, a Notary Public in and for the State of Idaho,
personally appeared before me J. R: SCHWENKFELDER AND BONNIE P.
SCHWENKFELDER, husband and wife, known or identified to me to be
the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
the day and year first ahpve written.
••
OT
NOTARY
.•0:
�� d Q NOTARY PUBLIC FOR IDAHO
= = Residing at Boise,'Idaho
j!' � c' o o : •:moi
o F
STATE OF IDAHO )
ss
County of Ada )
On this 21 day of -/-IyCe, 1992, before me,
the undersigned, a Notary Public in and .or the State of Idaho,
personally appeared before me KELLI RAE SCHWENKFELDER-ELLIOTT, a
married woman, known or identified to me to be the person whose
name is subscribed to the within instrument and acknowledged to me
that she executed the same.
IN WITNESS=WHEREOF, I have hereunto set my hand and seal
the day and year first above written.
.p'TAIZ %0 . NOTARY PUBLIC FOR IDAHO
Residing at Boise, Idaho
�4IIB 1,1C,; n O
rs of 19
ARTICLES OF LIMITED PARTNERSHIP P. 16
STATE OF IDAHO
ss
County of Ada j
On this % day of ���1.}� fi , 1992, before me,
the undersigned, a Notary Public in and for the State of Idaho,
personally appeared before 'me J. TRENT SCHWENKFELDER known or
identified to me to be the persons whose name is subscribed to the
within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
the day and year first above written.
,tt�tltlflflfll,! .
c� 0 r
ti
• a�� Tia T A ; z'
NOTARY PUBLIC FOR IDAHO
Residing at Boise Idaho
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n
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0
ARTICLES OF LIMITEp PARTNERSHIP P. 17
July 25, 2001
City of Meridian
Planning & Zoning Department
200 E. Carlton Avenue
Suite 201
Meridian, Idaho 83642
To Whom it May Concern,
I , J.R. Schwenkfelder, general partner of J.RSchwenkfelder and Bonnie P.Schwenkfelder Limited Partnership, am authorizing Kurt
Kroll of Professional Constructors, Inc. to act on behalf of the Schwenld'elder Limited Partnership in submitting for all permitting
and planning requirements concerning the application pertaining to the Commercial Tire store in Meridian.
Sincerely,
J.R. Schwenkfelder
General Partner
On thisl r day of July, in the year 2001, a Notary Public in and for said State. Personally appeared John R Schwenkfelder,
known or identified to me to be the person (s) whose name (s) are subscribed to the within Instrument, and acknowledged to me that
they executed the same.
Notary l' of Idaho
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FINAL PLAT
Application Checklist
(Incomplete applications ivill not be processed)
Applicant: Pinnacle Engineers, Inc. — Clinton E Boyle AICP Submittal Date: 11/ 21/01
Project/Subdivision: Commercial Tire Subdivision
Application Completion Date: / / Hearing Date:
P&Z/CC
The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the
Idaho Code. The final plat submittal shall include at least the following:
ITEM DESCRIPTION COMMENTS
1. Thirty (32) copies of written application
for approval as stipulated by the Council ,/ v
Proof of current ownership of the real property included
in the proposed final plat (warranty deed).
Consent of recorded owners of the plat (signed signature
sheet or written consent. If owner is a corporation, we need a copy
of the Articles of Incorporation or other evidence to show that the
person signing is an authorized representative.)
LI -1
,/
✓ ts'
4. Street name approval letter from Ada County Existing streets.
One (1) 8 ''/2" x 11 " reduction of the final plat
6. Three (3) copies of the final engineering construction drawings
for streets, water, sewers, sidewalks, irrigation and other public
improvements. These must be stamped/signed by a
registered engineer/surveyor in the State of Idaho.
7. Ten (10) copies of the final plat at a scale of one inch equals
three hundred feet (1" = 300'). Include subdivision and street
names, lot and block numbers only.
8. Thirty-two (32) folded copies of the final plat (dimensions of
18" x 27" per Idaho Code) containing the following requirements:
a. Approved Plat Name
b. Year of platting
c. Sectional location of plat - County
d. North arrow
e. Scale of plat (not smaller than 1 "=I00')
f. Streets and alleys with widths and bearings
g. Street names
3
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Rev. 10123101
I"IIfilmII.P,.
12552 W. EXECUTIVE DR., SUITE B, BOISE, ID 83713
PH (208) 887-7760 (208) 887-7781 FAX
TO:
WE ARE SENDING YOU
❑ Shop drawings
❑ 11 x 17 drawing(s)
❑ Copy of letter
LETTER Of TRANSMITTAL
DATE: / JOB NO: 1&12
ATTENTION: t
RE: e
Attached ❑ Under separate cover via
Blueprints ❑ SepiasNellums
❑ 3 1/2" disk ❑ Mylar/Ammonia Mylar
❑ Change Order ❑ Calculations
❑ Specifications
❑ Field Report
Ll
the following items
❑ 8-1/2 x 11 Drawing(s)
THESE ARE TRANSMITTED as checked below:
For review
❑ No exceptions taken
❑ For your use
❑ Make corrections noted
❑ As requested
❑ Revise and Resubmit
❑ For review and comment
❑
❑ FORBIDS DUE
REMARKS
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US