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HomeMy WebLinkAboutPP 01-0181 CITY CLERKFILE LI Project Name: Comercial Tire Subdivision File No. PP 01-018 Contact Name: Clint Boyle Phone: 887-7760 Date Received from Planning and Zoning Department: August 21, 2001 Planning and Zoning Level: Hearing Date: October 4, 2001 Transmittals to agencies and others: August 23, 2001 U Notice to newspaper with publish dates: 14 -Sep -01 and 28 -Sep -01 Certifieds to property owners:, 12,20001 71 Planning and zoning Commission Recommendation: [❑ Approve ❑ Deny Notes: City Council Level: 19 Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: City Council Action: Hearing Date: K.jr_ r DVjeCfJ and ❑ Approve Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: _ Findings Recorded Development Agreement: E] Sent for signatures: F❑ Signed by all parties: ❑ Approved by Council: [� Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: R...Mb": QVral IY.,cow cat Mrybhopk COP, R..! Cop, Cat CIV Cs"t " &4— city C4 A" SWRV Caster. R*ci lab CWk Copy Mal a1 Cat Ad. C.M (CPA.). Ap .wA(—CPA.) R. rda)Oruro.. atgral: Mmkb-k C.0" b: C?q Cork Ghb Ta C_ 8ffib Tr..s..r, AlObr, Ae sk�Ug Codta. CN Ad." Cd, 04� City PW,_ Pm)sdrd. A{rPl d(d•APQ Dq�Ckk FkXMV.I0,d.,.: *Vl.k CWs %. APPU.A PM*AV1. City wnw CityPWM �>• D." Cork •' Real V.e.IM FhMkq. •r Pa d.d O.iagprren( Ag ­ ,*M.; C,flt,C Coen b'Alpicad fb C'ty .r City P CIty AlbrM DI" CiBM Sent By: City of Meridian; L !TOPE -PONDEROSA OREG LTD . PO P)* 5668 POR'T'LAND OR 97228-5668 231 S MERIDIAN RD 8886854; Jul -25-01 3:03PM; Page 2/3 COMMERCIAL TIRE PROPERTY OWNERS WITHIN 300' R BUSINESS PARK DEVELOPMENT TION 10250 NVIUSPERING CLIFFS DR BOISE ID 83704-OOW 316 SW'03RD AVE 250 W PENNWOOD ST 0 SW 03RD AVE 184 W #ENN WOOD ST 279 W PENNWOOD ST 231 W FENN WOOD ST 179 W PENNWOOD ST CA,%CAbE APARTMENTS LLC PO BOX 518 MERIDIAN ID 83680-0518 S MERIDIAN RD 325 S MERIDIAN RD MAPF& -,LD ROBERT E & EVANGELINA HC 67 AOX 2050 CHALOS ID 83226.9701 . 305 S MERIDIAN RD i i SCHWENKFELDERJ014N R& BONNIE LIMITED PARTNERSHIP 2060 N SPARKLING PL MERIDIAN ID 93642 -OM 417 N MERIDIAN RD 417 S MERIDIAN RD BISS JOHN JR & BISS KELLY 7504 LIMA NAMPA 1D 83687-0000 499 S MERIDIAN RD BERRY ARTHUR J TAMURA DOUGLAS W 960 BROADWAY AVE. STE 450 BOISE ID 83706.3671. N MERIDIAN RD S MERIDIAN RD 555 S MERIDIAN RD MERIDIAN BOWLING LANES INC 2710 LAURELHORST DR BOISE ID 83705-4562 324 S MERIDIAN RD WILD SHAMROCK PARTNERSHIP 12301 W EXPLORER DR STE 240 BOISE ID 83713-0000 450 S MERIDIAN RD. 520 S MERIDIAN RD FIRST SECURITY BANK OF IDAHO PO BOX 30006 SALT LAKE CITY UT 84130-0006 EOISTST 536 S MERIDIAN RD MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live 11, 11'11 111,' il 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 BUILDING DEPARTMENT (208)887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: September 27, 2001 Transmittal Date: August 23, 2001 Hearing Date: October 4, 2001 File No.: PP 01-018 Request: Preliminary Plat approval of 1 building lot on 2.44 acres in a C -G zone for proposed Commercial Tire By: Pinnacle Engineers Inc. Location of Property or Project: W. of S. Meridian Road and s. of the Eight Mile Lateral Sally Norton, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Bill Nary, P/Z (No VAR, VAC, FP) Keven Shreeve, P/Z (No VAR, vac, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney Your Concise Remarks: City Engineer` City Planner Parks Department (Residenva,onw AZ -27 FP -24 PPIPFP-26 VARNAC- 20 CUP -20 Meridian School District (No FP) Meridian Post Office (FP/PPonly) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/1'P only) U.S. West (FP/PPonly) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FF) Ada County (Annexation only) REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT (RE: Meridian Subdivision Ordinance - 12-3-1 thru 12-3-6) GENERAL INFORMATION 1. Name of annexation and subdivision: Commercial Tire Subdivision 2. Address, general location of 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 Telephone: Fax: E-mail: 4. Applicant: Pinnacle Engineers, Inc. - Clint Boyle Address: 12552 W_ Executive Dr., Ste B, Boise, ID 83713 Telephone: 887-7760 Fax: 887-7781 E-mail: clintb@pinnacle-engineers 5. Engineer: John t_ C'arzpPntPr Firm: Pinna Ie Enol neers, Tnc. .com Address: Same as applicant Telephone: Fax: E-mail: 6. Name and address to receive City billings- Name: PCI, Attn e Kurt Kroll Address po Bax 1 90708, Boise, ID 937i9 Telephone: 841 -1 597 PRELIMINARY PLAT FEATURES 1. Acres: 2.44 ae. 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 56bid.-gs/acre 6. Zoning District(s): Existing:_C-G Proposed: no change 7. Does the plat border a potential green belt or pathway? No 8. Have recreational easements been provided for? N/A 9. Are there proposed recreational amenities to the City? No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Explain 11. What school(s) service the area? Meridian District Do you propose any agreements for future school sites? No Explain 12. Are there any other proposed amenities to the City? Yes ExplainPennwood St. will be extended to Meridian Rd. providing street interconnectivity. 13. Type of building (residential, commercial, industrial, office or combination): r-nmmp-r ial 14. Type of dwelling(s) (single family, duplexes, multiplexes, other): N/A 1 Rev. 10126/00 15. Proposed development features: a. Minimum square footage of lot(s):_ 77,525 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? f. Are there multiple units? No Type: Remarks: g. Are there special set back requirements?_No Explain: h. Value range of property: to be determined i. Type of financing for development:_ Development loans j. Were protective covenants submitted? not proposed Date: 16. Does the proposal land lock other property? No Does it create Enclaves? No 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 use is in conformance with the City of Meridian Comprehensive Plan, 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat includes all appropriate easements. 6. Street names do not conflict with City grid system. 7. All items noted on the preliminary plat checklist have been completed. I have read the information contained herein and certify the information istr re and correct and that this plat is in compliance with the above statements. „r' Signature of Applicant Kurt Kroll iio elle, Rev. 10126100 Y CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 m Order No Date (dame )rn / Address 6OX 191010 /�it ,,� , ID cg_3 7� % ?hone: SOLD BY CASH C.O. D CHARGE ON ACCT MDSE RErD RAID .0 I iW/ n CL I-LP%300 /O /tea/1/i7gj un- � .3y 3 CO 13 l0 S) � I I I I I I I I I v I Q I I m Order No Date (dame )rn / Address 6OX 191010 /�it ,,� , ID cg_3 7� % ?hone: SOLD BY CASH C.O. D CHARGE ON ACCT MDSE RErD RAID .0 I iW/ n CL I-LP%300 /O /tea/1/i7gj un- � .3y 3 1700 VSe 2Zi . l0 I I I I I I I I I I I I I I All claims and returned goods MUST be accompanied by this bill. TAX 0013787 Byceived sf TOTAL 571 GS-oz-2^� PRINTED IN U.S.A. V N n W W aFr ooa i 0 m� Q0Z Ld0 in NCO e -c —11 th v? R�i D lnil1nV38 3HLtlOItl3YlY z Z C E. ?- 8 O w ONVI VH6 N m m m 1 un ru 03 r. 0 m m Ln a ❑• ru It m 0 m WI0 m 'o b cu 0 x r 08 Z • m m o o mcn T 'o co �D Ltt 71 m 2i a cn 0 .0 0 0 z 0 > ru o 0 0 3 o 0 0 I Lw 0 CL X 0 0 r b 0 0o • M M x Ml C, 0 0, fn 'oN) — > 'o co co CO i9.1 O CI ZE' 0 0 z m 0 d. CL c 0 M cr cn cr CL mo 0 C, to Al 0 E: iTi X 0 0 r b 0 0o • M M x Ml C, 0 0, fn 'oN) — > 'o co co CO i9.1 O CI ZE' 0 0 z m 0 d. CL c 0 M cr cn cr CL mo 0 C, to Al 0 E: It `t�LE P11NNA U Zrigirieers, bric. 12552 W. EXECUTIVE DR., SUITE B, BOISE, ID 83713 PH (208) 887-7760 (208) 887-7781 FAX TO: f .- WE ARE SENDING YOU Attached ❑ Shop drawings -21 Blueprints ❑ 11 x 17 drawing(s) ❑ 3 1/2" disk ATTENTION: RE: Cl Under separate cover via ❑ Sepias/Vellums ❑ Mylar/Ammonia Mylar JOB NO: ❑ Specifications ❑ Field Report ❑ Copy of letter ❑ Change Order ❑ Calculations ❑ - the following items ❑ 8-1/2 x 11 Drawing(s) THESE ARE TRANSMITTED as checked below: *For review ❑ No exceptions taken Resubmit copies for approval ❑ For your use ❑ Make corrections noted ❑ Submit copies for distribution ❑ As requested ❑ Revise and Resubmit ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE REMARKS ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: _ SIGNED: E;rigiriLeers, i August 14, 2001 Planningand ,Zoning Department p artment „ , , City of Meridian' Attn: Shari Stiles 200 E. Carlton, Suite 2011 i Meri'dian', ID 83642 ; Re: Commercial Tire Subdivision (proposed) Preliminary Plat Dear'Ms. Stiles: We are submitting this application for a Prelimina>y Plat consist ing of one (1) lot on 2.44 acres located, westof Meridian Road and south of the Eight Mile Lateral: Thesinglelot is 1,89 acres iin size with Pen Count Tax Parcel M rNu nb s S12 y g p balance. The project area consists of nwood Streets ht-of-wa making u the Pennwood; Streets proposed to be extended fiom�Meridian Road 51213142,240,, and 51213142230. Ada 51213142300 p p to match the Penn wood Street right-, of -way at the west boundary of the site. The property is currently zoned C -G (General Commercial)., The site is in conformance s the Meridian Comprehensive Land UsePlan, which designates,this area as Existing The i s , cuffently vacant with multi-family iresidential located north of he site, vac an u eveop e an West st o the site, commercial uses with SQme vacant land east and south of the site.,,Due to,the infill nature of the project, utilities are readily available. A Sewer (Meridian) main,(8';') is located within Meridian Road (east border). Two four -inch (4") sewer 'service )ines have been stubbed " to. the property from the from sewer main ' el ht in Meridian Road. An 'g ht -inch (8) sewer main has been stubbed to .the' property sewer main in Meridian Road. A'six-ificn (6") water main line' is located ewithin Meridian Road: Two water services that are two-inches o-inch ( ()") each have been stubbed to ` property from the water main in Meridian Road. One 'lei 'ht -inch 8" water line, is also stubbed to th e property from the water main in Meridian Road., A water' (8") and a sewer (8")' main' will be y p right-of-way:, pp extended tq the west boundary ��within�the proposed osed_Pennwdod' Street ri ht-of-wa i; All applicable ; utilities will, be provided to the site.- Meridian Road is`developed with curb, 1 gutter, and sidewalk abutting` the Site. Pennwood''Street right -off way will be extended to MeridianRoad and, improved in accordance with Ada County Highway District requirements. All required curbs, gutters, sidewalks, and approaches will be built to Ada County Highway, i standards._ :drive ap wa District and Meridian proposedThe Commercial Tire, Store( ithy�)smat�to generate 428 vehicle trip, ends per day bused on the Institute ofTrans ortation Engineers rip Generation Manual, 6th 12552 W EXECUTIVE DRIVE, SUITE H ^ .BOISE, IDAHO 83713'• (208) 887-7760 - FAX (208) 887-7781 � 0016216 Prelim Plat App Itr 073001.doc Page 1 of ¢ I 1 I i e on9Sat Saturday with c dingle tri s, the peak hour of tri eneration from'Commer i 1 Tire Store will " p p g cia y p he peak hour of trip generation on a weekday 151 vehicle trips. The proposed subdivision is located, within closeproximity to the Interstate 84 and Meridian Road interchange, (In addition,, Meridian Rd is an arterial street developed tout least threelanes,'with'other ` arterial streets in close proximity. ;In 'addition ilto vehicular access to Meridian Road, th'eextension of Pennwood, Street will also provide a vehicular connection to Franklin Road Therefore; vehicle trips generated by this subdivision should note have a detrimental imact on traffic movement. In' fact, the Pennwood Street extension should provide better vehicular access to the surrounding area. I Materials Testing and Inspection conducted a groundwater investigation beginning on August, 02,2001." I Three test pits were advanced;to depths between 8 -feet and 15 -feet., Based on MVPs investigation, groundwater on this site is anticipated at depths of greater than fifteen feet. Due to olil-' one lot being platted, there' are no covenants and restrictions proposed for this subdivision. theld 10:00 0aoOoMeridian staff re sent a he meetingincluded Brue Fecetdnand Stve Sddowa . Staff sed_ 'that Street right -6f -way must be'extended through; the` site to Meridian Road, i Statement of Compliance:; 1. All driveways, parking,'' curbs, gutters and sidewalks with be constructed to Meridian City Ordinance; standards. 2 The proposed use is in conformance with the City of Meridian Comprehensive Plan. j 3: The development will, be'connected to Cityservices, I development � will llcompliance with Me„redianC'it'Ordinances. Or man t-es . 5. The preliminarypltwl include all a ro rate asement 6. All,street agesaeexistin and should not interfere with the City grid. - Affidavits: I 1'. This roe will be osted 1 week before each ublic';hearin with p p rty , p p g, postings containing the name of thea applicant, descri tion,of the zoning amendment,' and time a d' date of the p ublic� hearin pP � P I gn P g• 2. The, applicant, has read the contents o this, application icati on and verifies that the information contained � i ue_and correct. herein is tr If you have ,any questions or comments regarding this matter, please call me at 2d ( 8) 887-7760 or via email at clintb@pinnacle-engineers.c'om. i Sincerely,, I r I Clinton Bo e, AICP Land Use Planner cc: File #C016216 Kurt Kroll, PCI C016216 Prelim Pldt App Itr 073001.doo Pagel of t r r U'//LO/Ul 1AW 14:41 VAA L00004U0/4 V�'. RECORDED-REOUt_, OF C0U0 ,$M*WARRANTY DEEDS �f j,Di`l111 tj M:f nRtt FEEL- ,_DIVUTY_✓-� • .� A M r. a! , AUMl U. MKUUU 2000 OC Z6 PM 414 6 i 0 0 D 8 6 34 5 FOR VALUE RECEIVED, FIRST AMERICAN N & D, Inc., an Idaho corporation a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto John R. Schwenkfelder, 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 24th day of October, 2000. N Inc, 13 Y N an G. Fuller, President STATE OF IDAHO )' SS. COUNTY 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. Puller, known -.or idgIVV lVd to me to be tho President of the Corporation that e#cuted the instrument or the person who exectite0'��ieAittslriydept on behalf o C���poration,'knowl0 ged to me that such Corporation executed the same. .4 F 1 Notary Public of aho �•"' ; .� ; Residing at Meridian '* pUBL�G Commission expires: 9/26/2W2 �r'�gl'B OF SPO• First American Title Company of Idaho U114ol Ul THU 14:4L NM ZU0004U614 J� N. A /.1 t: it .t. For Value Received RUKI U. AKULL QUITCLAIM DECD Wj UCL luhn R. Schwenkfelder, a married man as his sole and separate property, J. Trent Schwenkfelder, a married man as his sole and separate property. do hereby convey, release, romise and forever quit claim unto John It. Schwenkfelder and Bonnie P. Schwenkfelder Limited Partnership whose address is 2000 N. Sparkling Place, Meridian, Idaho 83642 the following described premises, to -wit: -? EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF. ..:;•sthcr with their appurtenances. i =:ted: November 20, 20011 I fin R. Schwenkfelder 1> J. Trint Schwenkfelder I i ATE OF IDAHO ) i 11JNTY OF Ada ) f On This '2-0 day or, Novcmber, in the year 2000, before me, a Notary Public in and for said State, personally :I+pcared .lohn R. Schwenkfelder and J. Trent Schwenkfelder, known or identified to me. to be the person(s) whose j ,.,me(s) arc subscribed to the within Instrument, and acknowledwed to me that they executed the same. {_ :'f, to •. otary Public of Idaho esiding at C�vz, ✓r; r� ommission cxplras: -L` a First AmeHean Title Company of Idaho EXHIBIT "A" PARCEL A: FA -139264 A parcel located in the Southeast Quarter of the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of the Northeast Quarter of said Section 13; thence. North 0022135" East 1000.23 feet along the Easterly boundary of said Section 13 to the REAL POINT OF BEGINNING; thence South 89047106" West 533.24 feet; thence North 0022135" East 329.43 feet to a point on the Northerly boundary of the Southeast Quarter of the Northeast Quarter of said Section 13, thence South 89055'45" East 276.98 feet along said Northerly boundary; thence South 0022'35" West 170.00 feet; thence South 89055'45" East 256.24 feet to a point on the Easterly boundary of said Southeast Quarter of the Northeast Quarter; thence South 0022135" West 156.77 feet along said Easterly boundary to the REAL POINT OF BEGINNING. EXCEPTING THEREFROM the following described parcel: A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the Northeasterly corner of said Southeast Quarter of the Northeast Quarter (N 1/16 corner) from which a brass cap marking the Southeasterly corner of said Southeast Quarter of the Northeast Quarter bears South 0022'31" West, a distance of 1327.15 feet; thence South 0022131" West, along the Easterly boundary of said Southeast Quarter of the Northeast Quarter, a distance of 212.32 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; thence continuing South 0022"31" West, a distance of 114.93 feet to a 5/8 inch diameter.iron pin; thence leaving said Easterly boundary, North 89052113" West, a distance of 533.53 feet to a 5/8 inch diameter iron pin; thence continued EXHIBIT "A" CONTINUED Page 2 North 00231112" East, a distance. of 116.74 feet to a 5/8 inch diameter iron pin; thence South 89056106" East, a distance of 533.49 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM the following described parcel: A parcel located in the Southeast Quarter of the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the Southeasterly corner of said Southeast Quarter of the Northeast Quarter; thence North 0048155" East along the Easterly boundary of said Southeast Quarter of the Northeast Quarter a distance of 1114.83 feet to the POINT OF BEGINNING; thence continuing North 0048'55" East a distance of 42.30 feet to a point; thence leaving said Easterly boundary North 89029'25" West a distance of 30.00 feet to a point; thence South 0048'55" West a distance of 42.30 feet to a point; thence South 89029'42" East a distance of 30.00 feet to the POINT OF BEGINNING. ALSO LESS AND EXCEPTING any portion lying within MERIDIAN ROAD. PARCEL B: A parcel of land located in the Southeast Quarter of the Northeast Quarter, Section 13, Township .3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter which is the REAL POINT OF BEGINNING; thence South 0022135" West 170.00 feet along the East boundary of said Southeast Quarter of the Northeast Quarter; thence North 89055'45" West 256.24 feet; thence North 0022135" East 170.00 feet to a point on the North boundary of the Southeast Quarter of the Northeast Quarter; thence South 89055'45" East 256.24 feet along said North boundary to the .REAL POINT OF BEGINNING. continued EXHIBIT "A" CONTINUED Page 3 LESS AND EXCEPTING.therefrom the following: A parcel of land located in the Southeast Quarter of Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada county, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter, said point bears North 0022'35" East a distance of 1327.05 feet from the East quarter corner of Section 13; thence South 0022135" West a distance of 90.00 feet along the Easterly boundary of said Section 13 to a point; thence North 89055'45" West a distance of 33.00 feet to a point, said point being the REAL POINT OF BEGINNING; thence South 0022135" West a distance of 80.00 feet to a point; thence North 89055145" West a distance of 125.00 feet to a point; thence North 0022'35" East a distance of 80.00 feet to a point; thence South 89055F45".East a distance of 125.00 feet to the REAL POINT OF BEGINNING. ALSO LESS AND EXCEPTING therefrom the following: A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Easterly quarter corner of. Section 13, Township 3 .North, Range 1 West, Boise Meridian; thence North 0022135".East a distance of 1237.05 feet along the Easterly boundary of said Section 13 to a point; thence North 89055'45" West a distance of 150.00 feet to a point said point being the REAL POINT OF BEGINNING; thence South 0022135" West a distance of 30.00 feet to a point; thence North 89055145" West a distance of 37.00 feet to a point; thence North 0022135" East a distance of 30.00 feet to a point; thence South 890551451' East a distance of 37.00 feet to the REAL POINT OF BEGINNING. continued EXHIBIT "A" CONTINUED Page 4 ALSO LESS AND EXCEPTING therefrom any portion of said property, lying within the following described property: A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: - Commencing at the Southeast. corner of the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian; thence North 0022135" East, a distance of 1000.28 feet (formerly 1000.23 feet) along the Easterly boundary of said Section 13, to a point thence continuing North 0022'35" East, a distance of 156.77 feet to a point, the REAL POINT OF BEGINNING;.thence North 89055145" West a distance of 33.00 feet to a point; thence North 0022135" East distance of 170.00 feet to a point; thence South 89055145" East a* distance of 33.00 feet to a point; thence South 0022135" West a distance of 170.00 feet to the REAL POINT OF BEGINNING. PARCEL C: - A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 13, Township 3. North, Range 1 West, Boise Meridian,, Ada County, Idaho, more particularly described as follows: Commencing at .the Northeast corner of the Southeast Quarter of the Northeast Quarter, said point bears North 0022'35" East a distance of 1327.05 feet from. the East quarter corner of said Section 13; thence South 0022135" West a distance of 90.00 feet along the Easterly boundary of said Section 13 to a point; thence North 89055145" West a distance of 33.00 feet to a point, said point being the REAL.POINT OF BEGINNING; thence South 0022135" West a distance of 80.00 feet to a point; thence North 89055'45" West a distance of 125.00 feet to a point; thence North 0022135" East a distance of 80.00 feet to a point; thence South 89055145" East a distance of 125.00 feet to the REAL POINT OF BEGINNING. continued EXHIBIT "A" CONTINUED Page 5 ALSO INCLUDING: A parcel of land located in the Southeast Quarter of. the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Easterly quarter corner of Section 13, Township 3 North, Range 1 West, Boise Meridian; thence North 0022'35" East a distance of 1237.05 feet along the Easterly boundary of said Section 13 to a point; thence North 89055'45" West a distance of 150.00 feet to a point, said point being the REAL POINT OF BEGINNING; thence South 0022135" West a distance of 30.00 feet to a point; thence• North 89055145" West a distance of 37.00 feet to a point; thence North 0022135" East a distance of 30.00 feet to a point; thence South 89055145" East a distance of 37.00 feet to the REAL POINT OF BEGINNING. 07/26/01 TAU 14:34 FAX 208384087.4 HURT D. KROLL 'CERTIFICATE OF LIMITED PARTNERSRIP; To -the Secretary of State of Idaho, Statehouse, Boise, Idaho 83720 j� ✓� PF 1. The name of the limited partnership is: J. R. SCHWENKFELDER 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 Ida o 3704 (not a P.O. Box) 3. The name and business address of each general partner are: Name Address 10 003 J.R. Schwenkfelder 1950 S. Cole Roa Boi Bonnie P. Schwenkfelder 1950 S. Cole Road Boise Idaho 83704 (M mwo co !s Headed, continuo in Item s.) 4. The latest date on which the partnership will dissolve is: —_January -1. 2030 5. Other matters (optional): 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 i 6. Sign�atur ;T,K, Sc A—_ of all general partners: . Schwenkfe Sd-ftry of Stab use 0* i CLP791 FII* In Duplicats Ori®Incl Fee. $60 07/26/01 THU 14:34 FAX 2083840874 KUKI' D. KROLL WJUU4 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. 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 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 IARTICLES OF LIMITED PARTNERSHIP P. 1 07/26/01 THU 14:35 FAX 2083840874 KURT D.. KROLL 10005 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 eldct 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. ARTICLES OF LIMITED PARTNERSHIP P, 2 07/26/01 TEW 14;-35 FAX 2083840874 KURT D. KROLL 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 summaries thereof shall be distributed by the General Partners to the Limited Partners for use in preparing their tax returns. 6. Contributions to Canital 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 10 006 07/26/01 _TAU.. 14:38 FAX 2083840874 KURT D. KROLL 10 007 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 252.- 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 Security 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 J. R. Schwenkfelder Bonnie.P. Schwenkfelder ARTICLES OF LIMITED PARTNERSHIP P. 4 No. of Units 50 9W 07/26/01 MU 14:36 FAX 2083840874 KURT D. KROLL tQ]008 (c) The Limited .Partners shall each have the following number of Units (referred to as "Limited Partnership Units") General Partner Na. of Units Kelli Rae 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 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) salaries* 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 r by a General Partner. (b) All* payments under this paragraph 8, and all ARTICLES OF LIMITED PARTNERSHIP P. 5 07/26/01,._THU 14:36.FAX 2083840874 KURT D. KROLL LO 009 compensation paid 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 Gene=al Partners. 9. Allocation and Distribution of Profit and Loss" -Items, (a) Ordinary Income, RQyenue, Profits, Expenses and Losses (Profits and Losses). 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 LIMITED PARTNERSHIP P. 6 07/26/01THU 14:37 FAX 2083840874 KURT D. KROLL Wi010 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 facilitiesi 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 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 07/26/01THU,.,14:37 FAX 2083840874 KURT D. KROLL Limited 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, nothingcontained 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 developme-nt of farms and 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 1 employed by, or is directly or .indirectly interested in or 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 I0 011 07/26/01 THU 14:38 FAX 2083840874 KURT D. KROLL tgjU12 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 07/.26/01 _THU„14;38 FAX 2083840874 KURT D. KROLL „ lQJ913, contribution, but at the discretion of the General Partners if the 1 Partnership continues, or at the discretion of one charged with I 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 07/26/01 THU 14:38 FAX 2083840874 KURT D.KKROLL_ LO 014._. 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 07/26/01 . THU.,14:39 FAX 2083840874 KURT D. KROLL 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; winding 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 by law; (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 07/26/U1.,.THU 14:35 V.AA YU83840874 KUKT ll. HKULL (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 NotControlling. Titles or captions contained in this Agreement are inserted only as'a matter ARTICLES OF LIMITED PARTNERSHIP P. 13 WJUIb U7/L6/U1 .. THU 14:4U N'AA ZUt56S4U8'/4 AUKT V. AKULL 1{L UI I 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 U7/26/U1 THU 14AU FAX ZU8384Uii'14 KUK1' ll. MULL LgjU18 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: /� . X. R. SCHWENFELDER BONNIE P. SCHWENKFEL R LIMITED PARTNERS: h � KELLI RAE SCHWENKF LDER-ELLIOTT Y '�.__- J. RENT SCHWENKFE DER ARTICLES OF LIMITED PARTNERSHIP P. 15 07/26/01 THU 14:40 FAX 2083840874 KURT D.. KROLL STATE OF IDAHO } ss County of Ada } On this 3 / day of 16,vk.fa. 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 ahQve written. ••••• at e►►►►+y . c7i,�• o A NOTARY PUBLIC FOR IDAHO 1,. X04. •-,� . Residing at Boise, Idaho � •1 O , M P ! J • (JBL -VCM O 'V TE OF 'LID STATE OF IDAHO } ss County of Ada } On this 31 day of�f}ovY d� , 1992, before me, the undersigned, a Notary Public in anhe 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. pTAle NOTARY PUBLIC FOR IDAHO e v,; • Residing at Boise, Idaho .. a s a S, ���o�°trB 0C,;� O ARTICLES OF LIMITED PARTNERSHIP P. 16 07/26/01 THU 14:41 FAX 2083840874 KURT D. KROLL L0020 STATE OF IDAHO ss County of Ada ) on this / day of J*OVq,1 /4 %- , 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. r r NOTARY PUBLIC FOR IDAHO Residing at Boise, Idaho d n i - B co�'> v of ARTICLES OF LIMITED 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, 1, J.R. Schwenkfelder, general partner of J.R.Schwenkfelder and Bonnie P.Schwenkfelder Limited Partnership, am authorizing Kurt Kroll of Professional Constructors, Inc. to act on behalf of the Schwenlfelder Limited Partnership in submitting for all permitting and plamung requirements concerning the application pertaining to the Commercial Tire store in Meridian. Sincerely, J.R. Schwenkfelder General Partner On this 2 $' 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 bli dof Idaho Residingat:. } ��a,� •� EyS,CAdD ,� aft •�'� v��"a . `J } d'° 0 !4 va b 4! ra ry `iR., ji ' EXHIBIT "A" A Parcel of land located in the SEI/4 of the NE1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and described as follows: Commencing at a brass cap monument marking the NE corner of said NEI/4, thence along the East line of said NEIA S00°22'31"E a distance of 1327.02 feet to an aluminum cap marking the NE corner of said SE 1/4, thence leaving said East line S89°56'15 "W a distance of 33.00 feet to a 5/8 inch rebar, said rebar being the POINT OF BEGINNING; Thence parallel with said East line S00°22'3I"E a distance of 170.00 feet to a 5/8 inch rebar; Thence N89°55'49"E a distance of 3.00 feet to a 5/8 inch rebar; Thence parallel with.said East line S00022'3 1"E a distance of 41.89 feet to a 5/8 inch rebar; Thence N89°58'42"W a distance of 503.40 feet to a 5/8 inch rebar; Thence parallel with said East line N00022'31"W a distance of 212.62 feet to a 5/8 inch rebar; Thence N89'56'1 5"E a distance of 500.40 feet to the POINT OF BEGINNING. Said Parcel contains 2.44 acres more or less and is subject to all existing easements and rights -of -ways of record or implied. C006322_boundary_lega1_072601 pmg W... row .6 R, McG .� ti 0 4 -1 -- -1 I YJ' L_- f N00'13'324 133)13 !� c 11c o p. N99gIp r'�C __ A 5002212E 179' �* -. nv- _-- �p� '�3 Z �. �.... qaq Sod - � t�9 c! -zi C i - ', G�+ �tS n t1 > U N 22 9 +^ IWOu'304 1321-02 S .MERIDIAN ROAD a e 0 04 "� n'o 01 Gc 31>•lr Ti (=1 ikn...,..ky�6Coo vy G Cz o 0 PINNACLE e'' c NA FR c o ,o. o FR F R S L_ 1 M I ISI A R Y F L—A T << nLi � iEngineerS, Inc. PROFESSIONAL CONSTRUCTORS, INC. VICINITY MAP COMMERCIAL TIRE EIGHTMILE LATERAL, 300 0 300 600 900 Feet SCALE: 1" = 300' CITY OF MERIDIAN Planning & Zoning Department 200 E. Carlton Avenue, Suite. 201, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax PRE -APPLICATION MEETING REQUEST FORM Information, Pre-appfcation meetings are reguirrd prior to the suh=#al of a preliminary plat aPlication. Pre - application meetings are encouraged for any other type of application. This completed fors most be submitted to the Planning & Zoning Department at least 48 hours beforryour requested meeting time. Name: ZoMMERG (A u 1-196 Applicant: Name: 7% N N ALL6 GNd- EF -r- G t Address:130 $3713 1 i. SS i w • ke cv �-lrk- 1)'r� h�- Phone Number. Fax Number. F mail Address: R87-1740 887- 7g alte 11111 &JLJLi uva,. Location: 11 S.t,J, r.�a,�. R� • a Cc. N a'hr Number of Lots: To& Acres: 4 arkst 2.4.5 Tax Parcel Number(s): Current/Proposed Zoning. 5121314zz06 5121314z3GR- 6 e• c 5121 3 14 2230 Type of Application(s): i. RTreliminary Plat 2. ;@'Conditional Use 3. 0 Certificate of Zoning Compliance 4. 0 Landscape Plan 5. 0 Planned Development 6. 0 Variance 7. 0 Annexation & Zoning/Re2one 8. 0 Lot Line Adjustment 9. 0 Comprehensive Plan Amendment 10. 0 Other Please provide list of all persons who will attend the pre -application meeting. Specific Questionns/Issues:_ i�lw� 1-►lnntt^Rt�-�.. wr'ii,. GU.P Requested Pre -Application Date & Time: Iho 1 - M em lt4(r * Confirmation of the requested meeting date & time and which staff member will attend will be sent via e-mail or fax to the applicant. 07/26/01 THU 14:34 FAX 2083840874 KURT D. KROLL X1002 "Serving Southern Idaho, Utah, Eastern Oregon and Washington for over 30 Years" P.O. Box 191010, Boise, ID 83719 mpppl July 25, 2001 City of Meridian Planning & Zoning Department 200 E. Carlton Avenue suite 201 Meridian, Idaho 83642 To Whom it May Concern, Commercial Tire, Incorporated agrees to pay for any sewer, water, or trash fees associated with the new Commercial Tire store site proposed on First Street in Meridian Sinoerely, � 7/, J.R Schwenldelder President \\mtiserver\reports\2001report\600-799\b1o683g\groundwater letter.doc MR. CLINT BOYLE PINNACLE ENGINEERS, INC. 12552 WEST EXECUTIVE DRIVE, SUITE B BOISE, ID 83713 Re: Subsurface Soil Conditions Commercial Tire Center Meridian Road Meridian, Idaho Dear Mr. Boyle: Phone: 887-7760 Fax: 887-7781 On 2 August 2001, Materials Testing & Inspection (MTl) performed a subsurface soils exploration and collected soil samples for laboratory testing. The final geotechnical report will be forthcoming. During the field investigation, a total of 3 test pits were advanced to depths of approximately 8 to 154/2 feet. Soils encountered within the test pits generally consisted of surficial silty clay (CL) overlying moderately to strongly cemented silty sand (SM) and poorly graded sandy gravel (GP). The surficial silty clay extended to depths of 1.5 to 2.0 feet, with the underlying cemented silty sand encountered to depths of 5.6 to 7.4 feet. Poorly graded sandy gravel extended through the termination depths of all 3 test pits. Groundwater was not encountered within the depths explored during this investigation. Soil moistures within the test pits were dry within the surficial silty clay and underlying silty sand, and slightly moist within the basal gravel soils. Groundwater in the vicinity of the project site is related to local irrigation activity, and the seasonal high groundwater elevation will occur during the irrigation season. Estimation of seasonal variations in groundwater levels is problematic without long-term monitoring. However, regular monitoring of a well located at Trautner Business Park, approximately 1/4 of a mile northwest of the project site, indicates that groundwater was encountered at depths as shallow as approximately 12 feet below the ground surface during the monitoring period from March, 1997 to January, 2001. A graph showing groundwater levels at the Trautner site shows high groundwater levels during the summer and fall which is consistent with groundwater associated with irrigation. Coe)2igiTf ©2001 MATERiAls TESTING{ & INSPECTiON, INC. 7446 W. Lemhi St., Boise, ID 83709 208 376-4748 Fax 208 322-6515 E -Mail mti@mti-id.com www.mti-id.com MATERIA, TESTING & NSPeCTION August 3, 2001 Page # 2 of 2 ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections \\mtiserver\reports\2001report\600-799\b10683g\groundwater letter.doc Troutner Business Park Groundwater ,. 0- 6- 0 60 .r 12 -- CL 0 18 v 4 m -a o 4 CO CO Date p C_ C_ c. - m c W C 7 7 o o Figure 1: Groundwater Levels at Trautner Business Park It should be noted that the groundwater levels within this well exhibit a continued decline from year to year associated with reduced irrigation activities within the vicinity of the site. Groundwater levels as high as 12 feet were observed in midsummer 1997, however, monitoring in the summers of 1999 and 2000 indicate that groundwater is consistently at or below 15 feet. Water monitoring in May, June, and July of 2001 indicate that the groundwater is below 17 feet, which corresponds to the well depth at the Trautner Business Park site. Therefore, considering these observations, groundwater levels are anticipate to remain at depths of at least 15 to 17 feet belowrU esent grade throughout the year. However, some areas of shallow groundwater may be encountered immediately adjacent to the 8 -mile lateral canal during the irrigation season, due to localized seepage. We appreciate this opportunity to be of service to you and we look forward to working with you in the future. If you have questions please call us at (208) 376-4748. Respectfully Submitted, Materials Testing & Inspection, Inc. Michael G. Woodworth, E.I.T. Staff Geotechnical Engineer General Manager :I CopygighT © 2001 MATERIALS TESTING & INSPECTION, INC. 7446 W. Lemhi St., Boise, ID 83709 208 376-4748 Fax 208 322-6515 E -Mail mti@mti-id.com www.mti-id.com KELLER ASSOCIATES, INC. Memo September 4, 1996 RE: Troutner Business Park Test hole excavation Excavator: John Brown On Site: David Hughes Keller Associates, Inc. Tom Schmaltz Central District Health Paul Bastian Kleinfelder, , Inc. Test holes were dug for soils samples and ground water monitoring. See attached sheets for test hole locations. Paul Bastian assisted in the soil classification of the test holes shown for the ground water test holes (numbers 1,3,4,and 5) and will perform soils testing on test hole numbers 2, 3, 4, and 5. Ground water to be monitored on a weekly basis through the end of November Dave Hughes Keller Associates, Inc.. A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS KELLER ASSOCIATES, INC. 545 BENJAMIN LANE SUITE 185 BOISE, IDAHO 83704 / (208) 375-1992 N-0LE IT C S AIL: fi El o, l e JA 1 MerM(CM RA. em /.o 2,5- (T Ct:,T' H-0 LF G P 0 u v,. w 0 tel TOP Q 'toy ,ra .8 1rave ( (3—ti" co66lf,� N0 jroLL&Aj VJC(+eh- -�OkKnd � e- D'o Gla C) 0 A wo-7 dt s i 3,o r IUo7f-ouwl, wo-W rte UE .� 3i — l DL1 v� Gt WGli Ca' Fn 1ed �Orf3 \ Sl� cIay i Top Sbt� / lrc� 2r � �6ruc�-� CG�av►�� s P Q ►1 o Sandi clay b9 tf5 tf' 1 , I PA } I `lam r '7'0 10.0 ,e n. C out ni7cred C-Te5F—A- Ground coal -fig --es+ p0c iso S C !PJ F 0.0 -To? Sot1 CS! c(a } Sovrd 3,0 `� N60 Par �o 0,o L-1 No c- 1,j t�kt �rCon-1 TkouTtvc-k bus'A (k. TF- sui OTH _.._ �/ r o,.4 n Uq-{ / 4e5-4- ?P. J`/I. 4-o ie, --t 0,0 lop c\ay r said y e l� /0,0 1 I Troutner Business Park Ground Water Summary Test Well # Length of Pipe (ft) Pipe Above Gnd (ft) Depth of Hole (ft) Elevation (ft) 1 below 2600.41 3 2604.33 4 2603.51 5 2606.79 10.02 below 2600,41 9.76 2604.15 10.05 2603.48 10.08 2606.45 0.21 1 0.07 below 2603.97 0.34 2603.06 0,7 below 2606.24 9.81 below 2600.41 9.69 2604,63 9.71 2602.69 9.38 below 2606.24 2610,22 below 2600.41 2613.66 below 2603.97 2610.6 2602.05 2615.62 1 1 Water Depth Data (ft), Elevation (ft) 9/9/96 9/17/96 9/24/96 10/1/96 10/8/96 10/15/96 10/22/96 10/28/96 1116/96 11/26/96 0 below 2600.41 0.36 2604.33 2.62 2603.51 0.55 2606.79 0 below 2600,41 0,18 2604.15 2.59 2603.48 0.21 2606.45 0 below 2600.41 0 below 2603.97 2,17 2603.06 0 below 2606.24 0 below 2600.41 0.66 2604,63 1.8 2602.69 0 below 2606.24 0 below 2600.41 0 below 2603.97 1.16 2602.05 0 below 2606.24 0 below 2600.41 0 below 2603.97 0.73 2601.62 0 below 2606.24 0 below 2600.41 0 below 2603.97 0.21 2601.1 0 below 2606.24 0 below 2600.41 0 below 2603.97 0,18 2601.07 0 below 2606.24 0 below 2600.41 0 below 2603.97 0 below 2600.89 0 below 2606,24 0 below 2600.41 0 below 2603,97 1 0 below 2600.89 0 below 2606.24 Page 1 WATERSUM.XLS k" KLEINFELDER An employee owned company Date: June 10, 1996 File: 30-6033-04 Keller Associates 545 Benjamin Lane Boise, Idaho 83704 Attention: Mr. Rod Linja SUBJECT: Laboratory Test Results, for Troutner Subdivision Meridian, Idaho Dear Mr. Linja: Kleinfelder has completed the authorized R -value tests on samples of surficial soil obtained from proposed road locations at the project site. The test results accompany this letter. If you have questions regarding the test results, or if we can be of additional service, please contact our office. Very truly yours, KLEINFELDER, INC. J Paul Bastian, P.E. Project Manage Sam Matthews,, P.G. Area Manager 30-6033-04 Copyright 1996 Kleinfelder, Inc. All Rights Reserved KLEINFELDER 554 North Steelhead Way, Suite 184, Boise, Idaho 83704 (208) 376-9700 (208) 376-9703 fax r FIA IR M.- 1.2 U) z 0.8 Y U_ S w 0.4 w 0 0 A Sample Source: TPI @ 2' Sample Description: Yellow Brown Sandy Clay EXPANSION PRESSURE CHART EXUDATION PRESSURE CHART 30 25 20 w D 15 ce 10 5 0 0.0 0.4 0.8 1.2 1.6 2.0 •800 600 400 •200 0 COVER THICKNESS/EXPANSION PRESSURE -FEET EXUDATION PRESSURE (PSI) Specimen A B . C Exudation Pressure, psi 311 230 169 Expansion Dial .0001" 0.0028 0.0007 0.0001 Expansion Pressure, psf 121 30 4 Resistance Value, R 15 6 3 % Moisture at Test 21.3 23.6 26.0 Dry Density at Test, pcf 101.0 97.2 92.6 R Value by Expansion Pressure TI= Not Applicable R Value at 200 psi Exudation Pressure 4 TROUTNER INDUSTRIAL PARK 30-6033-04 RESISTANCE VALUE KLEINFELDER 554 North Steelhead. Way, Suite -184, Boise, Idaho 83704 (208) 376-9700 (208) 376-9703 fax Project No 30-6033-04 Wet Sample 211.1 Lab No 2157 Weight of Water 30.1 Tech KC Date 09/10/96 Test Specimen 1 2 3 Mold No. 4 14 16 Foot Pressure, psi 100 75 55 Initial Moisture, % 16.6 16.6 16.6 Initial "As Is" Sample Weight 1020.0 1000.0 970.0 Initial Dry Sample Weight 874.6 857.4 831.7 Water Added, nil 40.8 60 77.6 Water Added, % 4.7 7.0 9.3 Moisture at Compaction, % 21.3 23.6 26.0 Height of Briquette, in. 2.59 2.61 2.63 Wet Weight of Briquette + Mold 3116.9 3128.8 3113.9 Tare Weight Mold 2070.0 2093.7 2101.1 Wet Weight ofBriquette 1046.9 1035.1 1012.8 Dry Density, lbs/cu.ft. 101.0 97.2 92.6 Stabilometer 1000 lbs 45 62 67 2000 lbs 115 138 146 Displacement 5.42 6.64 6.99 Exudation Pressure, lbs. 3900 2888 2125.0 Exudation Pressure, psi 311 230 169 R -Value 15 6 3 R -Value Corrected for Height 16 6 3 Dial Reading, End. 0.1535 0.1510 0.1511 Dial Reading, Start 0.1507 0.1503 0.1510 Difference 0.0028 0.0007 0.0001 Expansion Pressure, psf 1 121 301 4 Initial Moisture Wet Sample 211.1 Dry Sample 181.0 Weight of Water 30.1 Moisture Content, % 16.6 iam le Location: Sam le Description: Yellow Brow Sand CI )ate Sampled: September 1996 KLEINFELDER 554 North Steelhead Way, Suite 184; Boise, Idaho 83704 (208) 376-9700 (208) 376-9703 fax FA F - w w LL Lw 1.6 w 0 m 1.2 N w 0.8 U S 0.4 0 0 0 Sample Source: TP4 @ 2' Sample Description: Yellow Brown Sandy Clay EXPANSION PRESSURE CHART EXUDATION PRESSURE CHART 70 65 60 55 50 45 :ul 40 35 30 25 20 15 10 5 n 0.0 0.4 0.8 1.2 1.6 2.0 800 600 400 200 0 COVER THICKNESS/EXPANSION PRESSURE -FEET EXUDATION PRESSURE (PSI) Specimen A B C Exudation Pressure, psi 0 0 0 Expansion Dial .0001" 0.0000 0.0000 0.0000 Expansion Pressure, psf 0 0 0 Resistance Value, R 0 0 0 % Moisture at Test 28.1 0.0 0.0 Dry Density at Test, pcf 89.8 0.0 0.0 R Value by Expansion Pressure TI= On Request R Value at 200 psi Exudation'Pressure <5 TROUTNER INDUSTRIAL PARK KLEINFELDER 51,PrA ttYAIhead way, Suite_184, Boise, Idaho 83704 (208) 376-9700 (208) 376-9703 fax I Project No Lab No 30-6033-04 2159 Tech KC Date 9/12/96 Test Specimen 1 Mold No. 4 Foot Pressure, psi 75 Initial Moisture, % 20.9 Initial "As Is" Sample Weight 1000.0 Initial Dry Sample Weight 827.4 Water Added, ml 60 Water Added, % 7.3 Moisture at Compaction, % 28.1 Height of Briquette, in. 2.68 Wet Weight of Briquette + Mold 3111 Tare Weight Mold 2093.8 Wet Weight of Briquette 1017.2 Dry Density, lbs/cu.ft. 89.8 Stabilometer 1000 lbs 2000 lbs Displacement Exudation Pressure, lbs. Exudation Pressure, psi R -Value R -Value Corrected for Height Dial Reading, End Dial Reading, Start Difference Expansion Pressure psf Initial Moisture Wet Sample 176.7 Dry Sample 146.2 Weight of Water 30.5 Moisture Content, % 20.9 Sample Location: Sam le Description: Date Sam led: KLEINFELDER 554 North Steelhead Way, SuiteJ1 4, Boise, Idaho 83704 (208) 376-9700 (208) 376-9703 fax