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Application Transmittal Packet%TY CLERK FILE CHECKLI Project Name: Packard Subdivision Contact Name: Craia Groves Flie No. CUP 01-008 Phone: 323-4002 Date Received from Planning and Zoning Department: February 26, 2001 Planning and Zoning Level: Hearing Date: April 5, 2001 ❑X Transmittals to agencies and others: March 12, 2001 ❑X Notice to newspaper with publish dates: 16 -Mar -01 and 30 -Mar -01 Certifieds to property owners: MktiLc,t.-1 I '?oc l Planning and Zoning Commission Recommendation: 14 Approve ❑ Deny Notes: C%Council Level: Transmittals to agencies and others: 12 Notice to newspaper with publish dates: Certifieds to property owners: ❑ City Council Action: Hearing Date: and a�f ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: OIpN �I(Yf)GR MnbRok °M ❑ Copies Disbursed: ❑ Findings Recorded °ro Development Agreement: OIYeI: Mr.i�R ❑ Sent for signatures:°ham ❑ Signed by all parties:, Approved by Council: ^�^° q�mm nr.oq. ❑ Recorded: �^°"�•°� MMS . ❑�°:� Copies Disbursed: Ordinance No. Resolution No. b" � Pm� ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: 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 Hall Attn: Will Berg, City Clerk, by: March Transmittal Date: March 12, 2001 File No.: Request: CUP 01-008 2001 Hearing Date: 2001 Conditional Use Permit for a 3 lot subdivision, pool, clubhouse_ and rec. center in an R-4 zone By: Packard Estates Development, LLC Location of Property or Project: north of East Fairview Ave, west of North Eagle Road on North Hickory Way Sally Norton, PIZ Jerry Centers, .P/Z Bill Nary, PIZ Keven Shreeve, P/Z Keith Borup, P/Z 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 Building Department Fire Department Police Department City Attorney City Engineer Your Concise Remarks: City Planner Parks Department m td-wa nm PZ 27 FP -24 PPMFP-20 VA AC- 20 CUP -2a Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Ada County HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 Robert D. Come CITY- OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 - Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bud (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd - City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (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 Hall Attn: Will Berg, City Clerk, by: March Transmittal Date: March 12, 2001 File No.: Request: CUP 01-008 2001 Hearing Date: 2001 Conditional Use Permit for a 3 lot subdivision, pool, clubhouse_ and rec. center in an R-4 zone By: Packard Estates Development, LLC Location of Property or Project: north of East Fairview Ave, west of North Eagle Road on North Hickory Way Sally Norton, PIZ Jerry Centers, .P/Z Bill Nary, PIZ Keven Shreeve, P/Z Keith Borup, P/Z 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 Building Department Fire Department Police Department City Attorney City Engineer Your Concise Remarks: City Planner Parks Department m td-wa nm PZ 27 FP -24 PPMFP-20 VA AC- 20 CUP -2a Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Ada County APPLICANT: ADDRESS: CITY OF MERIDIAN FILE Planning & Zoning Department U P' Ol- X13 200 E. Carlton Avenue, Suite 201, Meridian, ID 83642 (208)884-5533 Phone/(208)888-6854 Fax CONDITIONAL USE PERMIT APPLICATION &eCheck here if Planned Development Application (RE: Meridian Zoning Ordinance - Section 11-17) Packard Estates Development, LLC - R. Craig Groves, managing member 6223 N. Discovery Way, Suite 120, Boise, Idaho 83713 PHONE: 323-4002 OWNER(S) OF RECORD: ADDRESS: PHONE: FAX: 672-8201 E-MAIL: craigg@jobnlscott.com Packard Estates Development, LLC Same as Above I E-MAIL: ENGINEER, SURVEYOR, PLANNER: Teale' s Land Surveying ADDRESS: 2501 PHONE: 385-0636 Basin Rd., Boise, Idaho 83702 FAX: 385-0696 E-MAIL: ADDRESS, GENERAL LOCATION OF SITE: N. Hickory Way. Meridian, Lots 1-3, Block 8 Packard Subdivision No. 2 DESCRIPTION OF PRESENT USE: Single Family Residential DESCRIPTION OF PROPOSED CONDITIONAL USE: Approval of 3 residential lots to be developed as subdivision pool, clubhouse and recreation area PRESENT ZONE CLASSIFICATION: IR -4 I have read the information contained herein and certify the information is true and correct. APPLICANT'S SIGNATURE: SOCIAL SECURITY NUMBER: ` A -x QD # 1;2--h515 268 Rev. 10126100 City of Meridian Conditional Use Permit Application Checklist (Incomplete applications will not be processed) Applicant: Pc c-Ict2 YcnCsm9 r-�s LLC. Submittal Date: Z / 1 a 1 Project/Subdivision: pb'ct Q/L/� S r�lo� rV i S f o rJ Application Completion Date: Z / 16/9�70 Hearing Date: 1_51 RIRC For Office Use Only Item No. Description Comments (d) 1. Completed and signed Conditional Use Application 2. Legal description 1�- 3. Warranty deed 4. Notarized consent of property owner(s_u�`. 5. One 1) copy ofavicinity ma (1"=300' 6. Site plan (engineer scale of not less than 1"=50') - 30 folded copies a. Building location(s) b. Parking and loading areas � ., c. Traffic access drives r d. Traffic circulation patterns e. Open/common spaces f. Landscape plan g. Refuse & service areas h. Utilities plan, including: i;+Ii - Sewer - Water - Irrigation - Storm drainage i. Signage (number, location, overall dimensions - elevations preferred, not required) 7 If Planned Development, colored rendering including at least the following: showing completed development a. - Architectural style and building design b. - Building materials and color C. - Landscaping d. - Screening e. - Garbage areas f. - Parkin Open sace 8.a. Building elevations 11x17) - one copy b. Construction materials 9. 8`h" x I1" reduction of site plan v' 10. List of property owners within 300' 11. Characteristics of property that make conditional use desirable Rev. 10/26/00 a Rev. 10/26/00 CUP application fee - $275.00 Planned Development fee: Less than 1 acre: $400.00 12 Over 1 acre: $400.00 + $15 for each additional acre Mailing fee - $0.34 per notice for each mailing. All zones other than Old Town, Commercial and Industrial require two mailings 13. Additional services statement to Lc is ✓ 14. Property osting affidavit 15. A notarized statement that the property was posted (to be submitted after posting) hearing. Please submit a notarized statement for each public Rev. 10/26/00 2 a O o � t N N Ncn v x co Q W �N A cl.VAv vt m 3 T s n Y n ~ S w' 3 e o � p m z '.. a m 0 � o D X r W o IC a FIB. -09' 01(FRI) 18:09 PARKPQfECOMMERCL TEL 2086if01 CITY OF MERIDIAN Planning & Zoning Department 20011 Carlton Avenue, Suite. 201, Meridian, ID 83642. (208)884-5533 Phone / (208)888-6854 fax PRE -APPLICATION MEETING REQUEST FORM lnformadon. Prr afipdca6nn meeJmgs are rrynired prior to thr.nrbmitral of a pnrliminag plat application. Pre• app6calion meelingr an emm�mgedfor'any oebcrlype of otnpdeaeion. Thif mmpleledfore mnrr bo tnbniacd ro the Planning & Zoning Def arkwene of lead 48 hana beforeyan reynuted meeting Nate. Project/Subdivision Name: TACK P- fir. aWBPouaE /'96c AP -;6A Name: PgGItAt d �i5tufe5 div • t �e Address: 0223 N • 7)I�Co v"L/ Way, hLi l,k IBJ E-mail Site Information: Location: Luis 1-3,bloCLg Number of Lora: n I ois a A?e kd Total Acres: �A Tax Parcel Numbers : Current/Proposed Zoning: To �fo low unsure_ Type of Application(s): 1. 0 Preliminary Plat 2. Conditional Use 3. 0 Cerdficate of Zoning Compliance 4. 0 landscape Plan 5. 0 Planned Development 6. 0 Valiance 7. 0 Accessory Use Permit 8. 0lot line Adjustment 9. 0 Comprehensive Plan Amendment 10, 0 Other list of all persons who will attend the pre -application meeting, Specific Questions/Issues: P. 001 Requested Pre -Application Date & Time:. P SG(GLt -'vlI/3 be✓��}€ 2'OOp• ry . * Confirmation of the requested meeting date & time and which staff member will attend will be sent via a -mail or fax to the applicant. . , ��, �"".. -. __,.., -�-- ..r►� w N O CD W a LU 0 ce I C) a a z� d- O�J 1 0 d d LL O O C 0 O O O O O 0 Cl) C-1 Cl O M FEB, -09' 01)PRI) 18:09 PARKP0ECOMMERCL w 18!11" TEL:2086001 P. 003 I...:.w wwua.w e.vwv N S- �i is N z! oily �E g,E F� Ila, !� yy p g F i s u C7 N N S- �i is a F� a !� r3�.r7 u C7 tz ! Vtl � is p N s* TOTAL PACE. 02 Iw* .m PAP"-; ny ■r 0 m 0 0 •OgUP1 `63mwD EPV 30 spioaai `6058 aged 3E S3VU 30 6L $oog n? ..Z -V,. 4T-qTqxa Papioaai .Z_ on no?s?nipgng P=Ula8d 30 8 3[301% `£ PUB Z `T s3o7 ** Z0'39tid 10101 aL* CQ O z z o DLL ==o 'Qo ¢A X07 0. �'2n rn r= PI U 0.n FOIZ0'd ��, �vNt GYO}I 9'[•JV9 lLLHON - w 2Lrcm 5 L6ZTLB8B02 Gn$ HpYIA :.3HOYaA L ^H NOI.IAIO3nC i33N9d 111YONIM SNHOM 91-19nd L'd 10:9T 00, bZ B?d O WINGATE PLACE SUBDIVISION NO. I QW -00 EAD DOVE DWB M E1AD Ly aU � DOVE ND. 2 Q COMPOSITE LAYOUT i 4 W 4 OF E. KAMAY DRIVE PACKARD SUBDIVISIONS & SLOUGR PACKARD ACRES SUBDIVISIONS 29 2B 2]. 9 - SITUATED IN SECTION 5 uNPLa]T¢o is T.3N., R.IE., B.M., IB w ADA COUNTY, IDAHO 25 z - <1999 ''2I w z u N 24 N > 22 w 2 z 3 Z O z � CHIMERE ST. CHAMBERLAIN STATES SUBDIVISION { 1 2'_ 9 b �i b `% �. B § UNPLATTEp ISU 19 0 19J 90 450 _LOi20- Q J E. CHEMISE ST. y Iyf'-' SCALE IN FEET 4 6 `<Ila © PACKARD ACRES > 2 14 13 D SUBDIVISION KEY Ip II y w E)PHASE I, PACKARD ACRES SUB. E. CHALLIS ST. I ❑ PHASE 2, PACKARD ACRES SUB. — CHATEAU AEAQDWS SUBDIVISION NO. B w S - ®' PHASE 3, PACKARD ACRES SUB. a _ 9 ❑ PHASE 4, PACKARD ACRES SUB. La MEAOOWORASS 2 1 ® OPEN AREA LOT Q b Y ° 3Q BLOCK NUMBER wz 's 3 6 9 U O ' 6 9 CIO 4 a p - 9 a LOCHMEADOW ® cARocs su6olmsoN No. z 2 Y U 2 3 ©4, 2 5 B PACKARD SUBDIVISION KEY B 0 e ® PHASE I, PACKARD SUB KEARNEY PLACE CFS E. BERNICE OR. ® PHASE 2, PACKARD SUB 6UBS"SON US. S PHASE 3, PACKARD SUBS\ DR`s 0 4 9 '% !� CHATEAU DR. ■ PHASE 4, PACKARD SUB ® OPEN AREA LOT 3pJ ,IPJ QB BLOCK NUMBER KEARNEY PLACE SUBDIVISION NO. 2 O WINGATE PLACE SUBDIVISION NO. I QW -00 EAD DOVE DWB M E1AD Ly aU � DOVE ND. 2 Q 4 W 4 Exhibit "A-1" I fi FEB 24 100 16:01 FR F&IC WORKS 2088871297 TO WINf1ATI! PLAGII SUUUIVISIUN Nu. 1 0 ~� 1 j e•,,, e q i I II I i y 59x i�� UNP1.1 AA , P. 02/02' UU11131"j lUM Na, 1 ........... ..... - NOATIi EAGLB ROAD— p�av I � Lots 1, 2 and 3, Block 8 of Packard Subdivision No. 2, recorded in Book 79 of Plats at page 8509, records of Ada County, Idaho. KIK TOTAL PAGE.02 ** Exhibit "A-2" 8� -0 A 1 Packard Estates Homeowners Association Annual meeting December 14, 2000 The second annual Homeowners meeting was held December 14, 2000, at River Valley Elementary School. Stacy Wirik, with Park Pointe Management Services, started the meeting at 6:44 p.m. Roll call was taken and quorum was met by person or proxy, therefore the meeting continued. Stacy provided proof of notice for the meeting. The meeting minutes from the 2000 Annual meeting were reviewed and Mr. Nee made a motion to accept them as written, and Mike Cunningham second the motion. Stacy then reviewed the financial statement and asked for questions regarding the financial statement and 2000/2001 operating budget. A question was raised regarding how many lots have collected dues. Question about Mailboxes; they are included in closing with set up fee. Question; what are portables? They are the toilets provided for construction. Question; Insurance? Liability for Common areas. Dues are the same as last year we hope the market stays the same. Mailbox style change, why? In Phase two the city made the change. Why are we approving the 2002 budget? It can be adjusted later. Profit for 2002? Building "sinking fund" emergency fund". Motion to approve — Monte Ralstin, Second — Vern Basket Stacy turned the meeting over to Crag Groves of Packard Estates Development, L.L.C. Craig requested to set aside agenda. Craig Groves discussed the CC & R amendments. He explained the history of how in 1999 he became an investor and found the legal description was not attached to the CC & R's. They were not legally binding and in Phase 1. The Amendments rectified the problem for Phase 2 and 3. However, Craig feels the CC& R's should encompass the subdivision as a whole. Craig went over the proposed changes. A motion was made to have the guidelines for square footage in the CC & R's match the guideline in the Architectural Control guidelines. 1600 square foot minimum for single level home (excluding garage). 2000 square foot minimum for a two story, with a minimum I' floor square footage of 1200. Motion to accept by Monte Ralstin and second by Rick Lemar. Vote 14 for and 9 opposed. CCR change approved and passed. Exhibit "B'-' 0 0 Proposed Clubhouse/Pool. The Original City approval did not address a pool and clubhouse. If voted and passed by the Association, Developer still needs conditional use. permit from the City. Packard Estates Development will finance and build the Pool and Clubhouse. After all the Homeowners have paid the one-time special assessment have been collected the Facilities and Land will be deeded to the Homeowner Association. Completion date is expected for July 2001 to the end of Summer 2001 depending on the City of Meridians approval date. Assessment will be paid one of two ways: 1. $1500 lump sum payment due upon completion. 2. 4 annual payments of $500.00, the first being due upon completion. A question was raised regarding the perimeter fencing. Will gates be Locked? Key or card style locks? Pool area fenced or pool and basketball area fenced. Only the Pool and Clubhouse area will be locked. Craig reviewed the pool budget, it does not include clean up for the clubhouse, it would be rented and a deposit required. The HOA would need to establish a sinking fund for future repair and maintenance of the facilities. The Association could anticipate the repairs to be needed at about the ten-year mark. Estimated high range would be approximately $240,000.00 for repairs. In order to achieve the sinking fund, the Association would need to increase dues $100.00 per year. Elaine Cook made a motion to accept the proposed Pool and Clubhouse. Harry Haven second and it passed 25 for, 1 opposed. Developer Class B votes with Majority. Entry lights are out and streetlights on Hickory. Stacy will call the City of Meridian. When will phase 4 be finished? When City approves the final plat, they will begin construction. ACC landscaping requirements; 2- 21/2 inch caliper deciduous trees, or 1- 2 1/2- inch caliper deciduous tree and 1- 6 foot pine tree. 10, ten-gallon shrubs or plants 5, two -gallon shrubs or plants Recommended raised Berm. Stoplight is not in ACRD 5 year plan. Accidents drive the need for stoplights. Meeting adjourned 8:40 PM. • 0 AFFIDAVIT TO POST PROPERTY STATE OF IDAHO ) ) ss County of Ada ) I, R Craig Groves, managing member of Packard Estates Development, LLC, residing in Boise, Idaho being duly sworn upon oath, depose and say: 1. Upon notification of the Meridian Planning & Zoning hearing date, or 7 days prior to said hearing date requesting approval of a pool, clubhouse and recreation site within the Packard Subdivision No. 2, the subject property shall be posted notifying the public of our application for Conditional Use / Planned Development. f Dated this ± day of I O V 2001. P�Q- R. Craig Groves Managing Member Packard Estates Development, LLC ACKNOWLEDGEMENT STATE OF IDAHO ss County of Ada ) On this ! � ` day of k ! UCL ` 2001, bef a me _ e';, i i C-� a notary public, personally appear is managing member of Packard Estates Development, LLC, 1 own or identified to me to be the person that executed the within instrument, and acknowledged to me that such executed the same and acknowledged that the same was signed as a free and voluntary act and deed for the uses and purposes herein mentioned. Given under my hand and official seal this ,,pTAR y t ►usV%o op 0 r8 or ��, the State Residing at 1 -g - My commission expires: 2001. PACKARD ESTATES CLUBHOUSE PROPERTY OWNERS WITHIN 300' PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY STE 120 BOISE ID 83713-0000 2640 N WINGATE LN 2396 E NIKKI CRT 2488 E NIKKI CRT 2580 E BERNICE DR 2602 E BERNICE DR 2470 E NIKKI CRT 2572 E BERNICE DR 2564 E BERNICE DR 2299 N HICKORY WAY 2449 E NIKKI LRT 2563 E BERNICE DR 2285 N HICKORY WAY 2247 N HICKORY WAY 2219 N HICKORY WAY SHARP FRED D & ANE HELEN 2445 WINGATE LN MERIDIAN ID 83642-5709 MELLOR DOUGLAS J & MELLOR RANAE O 1035 JUSTIN PL MERIDIAN ID 83642-5717 HANKINS LANCE C & REBEKKA J 2361 N WINGATE PL MERIDIAN ID 83642-7337 EHLE STEVEN B EHLE HEIDI J 2395 N HICKORY WAY MERIDIAN ID 83642-0000 CLAY JOHN H III & CLAY MARGARET 2370 N WINGATE PL MERIDIAN ID 83642-7337 ANDERSON SHELDON R & ANDERSON WENDY K 2356 N WINGATE PL MERIDIAN ID 83642-7337 ECHEVERRIA CONSTRUCTION INC PO BOX 744 NAMPA ID 83653-0000 2512 E NIKKI CRT LEMAR RICK P LEMAR MELISSA D 2511 E NIKKI CRT MERIDIAN Ib 83642-0000 TWO EDS CONSTRUCTION LLC 7635 PACKSADDLE CRT BOISE ID 83709-0000 2361 N HICKORY WAY EARLS MARK EARLS TERESA 4805 SOUTH SIDE BLVD NAMPA ID 83686-0000 2505 E NIKKI CRT JENNINGS JASON RAY 2332 N WINGATE PL MERIDIAN ID 83642-7337 K W HOMES 3300 N LAKE HARBOR A201 BOISE ID 83703-0000 2487 E NIKKI CRT ECHEVERRIA CONSTRUCTION INC PO BOX 744 NAMPA ID 83653-0000 2436 E NIKKI CRT LARNED MICHAEL E & LARNED NANCY C 2304 N WINGATE PL MERIDIAN ID 83642-7337 WILLMORE STEPHEN LEO 2286 N WINGATE PL MERIDIAN ID 83642-7336 BROWN ROBERT E GROUT -BROWN LYNDA 695 E WHITEHALL ST MERIDIAN ID 83642-7429 2435 E NIKKI CRT HANSEN TROY HANSEN KIMBERLY 2441 E NIKKI CRT MERIDIAN ID 83642-0000 SHIGENO STEVEN S & SHIGENO LYNN S 2268 N WINGATE PL MERIDIAN ID 83642-7336 CREEKSIDE INC 2536 E MEADOW WOOD CRT MERIDIAN ID 83642-0000 2535 E BERNICE DR COINER JOHN COTNER KRISTIE 203 S BEACH ST BOISE ID 83705-0000 2231 N HICKORY WAY r IJ3l21/00 12:14 FAX. 2083840 PIONEER TITLE OF ADA Cto X1012 5 1 9 r W�2Jf' RECORDED -REQUEST OF ?, ADA COUBTYCORDEa .DEED FEEL_DEPUTY 1, DATE, NAMES OFr MMR ATT U9RESSES 5 9 0 8 7 1 2' 6 I.I. Date. This warranty deed is executed and delivered by Grantors to Grantee or assigns on Aug'. 27 , 1999. 1.2. Name of Grantors and Address. The names of the Grantors are Wirt Edmonds and Frances D. Edmonds, husband and wife, whose mailing address is 1966 North Stoneview, Boise, Idaho 83702 {"Grantors"). 13.., Name of Grantee and Address. The name of the Grantee is PACKARD ESTATES PMENT DEVELO, fLC,*;ibose mailing address is 6.223 N. Discovery Way, #1.20, Boise, ID 83713 {"Grantee"). *an Idaho limited liability company 2. CONVEYANCES 2.1. Grant. For value received, Grantors grant, bargain, sell and convey to Grantee, or assigns, all of their, title and interest in and to certain real property located in Ada County, Idaho, and more particularly described on Exhibit "A" which is attached to this warranty deed. 2.2. Covenants. Grantee, or assigns, their successors and assigns, shall have and hold the property. The Grantors covenant to and with the Grantee, or assigns, that they are the owners in fee simple of the property, that it is free from encumbrances and that they will warrant and defend the same from all lawful claims whatsoever. 3. SIGNATURES r WlK DMONDS r WARRANTY DEED 14418-001 \\COMPAQ2300A\Fn-ES%eMdm=d6 consnucr+m\Wa tyDeed #2A-dnc. 07-02-99 Page 1 Exhibit "A" =)3/21/00 12:15 FAX 2083846 ff 4. ACKNOWLEDGMENTS STATE OF IDAHO PIONEER TITLE OF ADA C* 10013 ss. County of Ada ) 2: On.3ttip f[fr 1999, before me, the undersigned, a notary public in and for said county and state, personally appeared Wirt Edmonds, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. same ~_ �OTPLRr I i -kV PU814_:a4 TE OF I have hereunto set my hand and affixed my official seal, the : fust above ACKNOWLEDGMENT • Attorney In Fact STATE OF IDAHO County of Ada , ss. On this 27th Janet L. da Y of B3esch August _ in the year of 5999 , before me , a notary public be the person whose name is subscribed to the within: instrument as the attorney in Edmonds _ ndtaclgioZIWswl� 'fit esubscribedthename_of rlvv �r_� u. nuizvrvLa h s o • al own name as a in fact /J f•��`'rer,$'OQn9a. Notary Pub Residing at: TrIabG My CommissionExpires; xa,-nt, 17_ ?005 - WARRANTY DEED Page 2 14418-007 \\C0WAQ2S00RMLM6Edm0nds enM UCdOn\wn tY Deed 42A..d00. 07-02-99 03/21/00 12:15 FAX 20838 *ft PIONEER TITLE OF ADA 0 014 FxH,s,r Pac Ka20 �S- A PARCEL OF LAND BEING THE NORTHWEST 1/4 SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 5, A POINT MARKED BY A BRASS CAP; THENCE ALONG THE NORTH -SOUTH CENTER OF SECTION LINE OF SAID SECTION 5 NORTH 0 DEGREE 27'15" EAST 1312.52 FEET TO THE SOUTHWEST CORNER OF THE SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4, THE POINT OF BEGINNING MARKED BY A 5/6" IRON PIN, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF WINGATE SUBDIVISION NO. 1; THENCE CONTINUING ALONG THE NORTH -SOUTH CENTER OF SECTION LINE SAID LINE ALSO BEING THE EAST LINE OF WINGATE SUBDIVISION NO. 1 AND KEARNEY PLACE SUBDIVISION NO. 3 NORTH 0 DEGREE 27'15" EAST 1312.52 FEET TO THE NORTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4, MARKED BY A 5/8" IRON PIN SAID CORNER BEING THE NORTHEAST CORNER OF KEARNEY PLACE SUBDIVISION NO. 3 ALSO BEING THE CENTER OF SAID SECTION 5; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 114 SOUTH 89 DEGREES 40'20" EAST 1324.78 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 MARKED BY A 5/8" IRON PIN; THENCE ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 SOUTH 0 DEGREE 30'47' WEST 1310.68 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4, MARKED BY A 5/8" IRON PIN; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST 114 OF THE SOUTHEAST 1/4 NORTH 59 DEGREES 44'36" WEST 1323.43 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM A PARCEL OF LAND BEING A PORTION OF THE NbRTHWEST 1/4 OF THE SOUTHEAST 114 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE SOU HEAST CORNER OF SAID SECTION 5; THENCE ALONG THE SOUTHERLY BOUNDARY OF S ID ISECTON 5 NORTH 89 DEGREES 48'53' WEST 2644.18 FEE TO AN RON PIN MARKING THESOUTH 1/4 CORNER OF SAID SECTION 5; THENCE AL NG THE ON CENTER OF SECTION LINE OF SAID SECTION 5 NORTH 00 DEGREE 27'15" EAST 1312.52 FEET TO A BRASS CAP MARKING THE SOUTHWEST CORNER OF THE SAID NORTHWEST 1 4 OF THE SOUTHEAST 1/4 OF SAID SECTION 5, SAID POINT ALSO BEING THE INITIIIAL POINT; THENCE CONTINUING ALONG THE SAID NORTH -SOUTH CENTER OF SECTION LINE NORTH 00 DEGREE 27'15" EAST 556.39 FEET TO AN IRON PIN; THENCE LEAVING THE SAID NORTH -SOUTH CENTER OF SECTION LINE SOUTH 89 DEGREES 44'36' EAST 152.60 FEET TO AN IRON PIN; THENCE SOUTH 00 DEGREE 15'24" WEST 32.00 FEET TO AN IRON PIN; THENCE SOUTH 89 DEGREES 44'36" EAST 100.00 FEET'TO AN IRON PIN; THENCE NORTH 00 DEGREE 15'24" EAST 10.78 FEET TO AN IRON PIN; THENCE NORTH 23 DEGREES 53'43" EAST 97.32 FEET TO AN IRON PIN; THENCE NORTH 45 DEGREES 15'24" EAST 119.55 FEET TO AN IRON PIN; THENCE SOUTH 89 DEGREES 44'36' EAST 214.62 FEET TO AN IRON PIN;THENCE SOUTH 00 DEGREE 15'24" WEST 209.65 FEET TO AN IRON PIN; THENCE SOUTH 45 DEGREES 15'24" WEST 223.82 FEET TO AN IRON PIN; THENCE SOUTH 44 DEGREES 44'36' EAST 150.00 FEET TO AN IRON PIN; THENCE LEGAL CONTINUED "33/21/00 12:16 FAX 208384 PIONEER TITLE OF ADA C9 File ukb0r: PP181966 SOUTH 45 DEGREES 15'24" WEST 34.47 FEET'TO AN IRON PIN; THENCE SOUTH 44 DEGREES 44136" EAST 163.30 FEET TO AN IRON PIN; THENCE SOTH DEGREE FEET TO AN /4; THENCEPIN NTHE ALONGSTHEHBOUNDARY SAID SOUTH BOUNDARY NORTH 69 DEGREES 44'36" WEST 631.60 FEET 70 THE INITIAL POINT. EXCEPTING THEREFROM THE FOLLOWING: A PARCEL OF LAND SITUATED IN THE NORTHWEST 114, SOUTHEAST 114, SEOTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4, SOUTHEAST 1/4, SECTION 5, THENCE NORTH 00 DEGREE 2715" EAST 134.99 FEET ALONG THE WESTERLY BOUNDARY OF SAID NORTHWEST 1/4 SOUTHEAST 114 TO A POINT; THENCE LEAVING SAID BOUNDARY SOUTH 89 DEGREES 32'45" EAST 10.00 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 32'45" EAST 17.00 FEET TO A POINT' THENCE SOUTH 00 DEGREE 27'15" WEST 16.00 FEET, PARALLEL WiTH E WESTERLY BOUNDARY OF SAID NORTHWEST 1/4 SOUTHEAST 1/4, 70 A POINT; THENCE NORTH 89 DEGREES 32'45" WEST 17.00 FEET TO A POINT; THENCE OF SAID NORTHWEST7'15" EAST 114 SOUTHEAST01/4ETO THERALLEL POINT OFTWESTERLY BOUNDARY BEGINNING [a 015 OPERATING AGREEMENT 70 PACKARD ESTATES DEVELOPMENT,.LLC 1. ORGANIZATION I.I. Date. This Agreement is entered into and shall be effective on 1999. T �l 1.2. Names and Addresses of Managers. Wirt Edmonds, whose address is 1966 North Stoneview, Boise, Idaho 83702, and R. Craig Groves, whose address is 6223 North Discovery Way, Suite 120, Boise, Idaho 83713, are the Managers. 1.3. Names and Addresses of Initial Members. The names and addresses of the Initial Members are: Wirt Edmonds whose address is 1966 North Stoneview, Boise, Idaho 83702, and Dividend Development, Inc., an Idaho corporation, whose address is 6223 North Discovery Way, Suite 120, Boise, Idaho 83713. 1.4. Agreement. This Operating Agreement of Packard Estates Development, LLC, a limited liability company organized pursuant to the Idaho Limited Liability Company Act is entered into and shall be effective as of the Effective Date, by and among the Company and the persons executing this Agreement as Managers and Members. It is the express intention of the Members that the Operating Agreement shall be the sole source of agreement of the parties, and, except to the extent a provision of the Operating Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is expressly prohibited or ineffective under the Act, the Operating Agreement shall govern, even when inconsistent with, or different than, the provisions of the Act or any other law or rule. To the extent any provision of the Operating Agreement is prohibited or ineffective under the Act, the Operating Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under the Act. In the event the Act is subsequently amended or interpreted in such a way to make any provision of the Operating Agreement that was formerly invalid valid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. 1.5. Name. The business of the Company shall be conducted under the name of Packard Estates Development, LLC. OPERATING AGREEMENT pap 14418-001 \\COMPAQ2500R\FILES\E\Edmonds ConstmctionlLLC\Operating Agmt N2.doc 10-12-99 taken by the Managers shall constitute the act of and serve to bind the Company. In dealing with Managers, no person shall be required to inquire into the authority of the Managers to bind the Company. Persons dealing with the Company are entitled to rely conclusively upon the power and authority of the Managers as set forth in this Agreement. 4.2. General Restrictions on Authority of Managers. 4.2.1. In exercising management and control of the Company, the Managers, on behalf of the Company and in furtherance of the business of the Company, shall have the authority to perform all acts which the Company is authorized to perform. The Managers shall not have any authority to: (a) Perform any act in violation of this Agreement or any applicable law or regulation thereunder; (b) Do any .act required to be approved or ratified in writing by all Members under the Act unless the right to do so is expressly otherwise given in this Agreement; (c) Sell or otherwise dispose of all or substantially all of the Assets of the Company at any one time without the Consent of a Majority of the then -outstanding Interests; (d) Commingle the funds of the Company with those of any other Person; (d) Alter the purpose or character of the Company as set forth in this Agreement; (e) Elect to dissolve the Company without the Consent of a Majority of thethen-outstanding Interests; (f) Do any act which would make it impossible to carry on the Business of the Company; (g) Confess a judgment against the Company; (h) Possess Company Property, or assign its rights in specific Company Property, for other than a Company purpose; (i) Admit a Person as a Manager, except as provided in this Agreement; or (j) Knowingly perform any act that would subject any Member to unlimited liability in any jurisdiction. 4.2.2. The Managers shall not, on behalf of the Company, acquire any property other than cash or promissory notes as provided hereunder in exchange for Interests in the Company. OPERATING AGREEMENT Page 7 1"18-001 \\COMPAQ2500R\F1LES\E\Edmonds Constmction\LLC\Operating Agmt #2.doc 10-12-99 3.3. Certain Allocations. 3.3.1. Upon liquidation of the Company as provided hereafter, profits and losses realized upon such liquidation shall be allocated pursuant to paragraph 3.1 hereof and all assets shall be distributed in cash or in-kind in accordance with the provisions of paragraph 33.2 hereof. With respect to assets distributed in-kind to the Members in liquidation or otherwise, (a) any unrealized appreciation or unrealized depreciation in the values of such assets shall be deemed to be profits and losses realized by the Company immediately prior to the liquidation or other distribution event; and (b) such profits and losses shall be allocated to the Members in accordance with 3.1 hereof, and any property so distributed shall be treated as a distribution of an amount in cash equal to the excess of such fair market value over the outstanding principal balance of and accrued interest on any debt by which the property is encumbered. For the purposes of this paragraph 3.3, "unrealized appreciation" or "unrealized depreciation" shall mean the difference between the fair market value of such assets, taking into account the fair market value of the associated financing, and the Company's adjusted tax basis for such assets. This paragraph 3.3 is merely intended to provide a rule for allocating unrealized gains and losses upon liquidation or other distribution event, and nothing contained in this paragraph 3.3 or elsewhere in this Agreement is intended to treat or cause such distributions to be treated as sales for value. 3.3.2. All items of recapture under Code §§1245, 1250 or other similar recapture items shall be allocated in proportion to each Member's share of deductions, credit, etc. giving rise to such items of recapture. 33.3. All Profits and Losses allocated to the Members and all distributions made to the Members shall be credited or charged, as the case may be, to their Capital Accounts. 3.4. Special Allocations. As of the Effective Date there are no special allocation agreements. 3.5. Code §704(c) Allocations. Solely for federal, state, and local income tax purposes and not with respect to determining any Member's Capital Account, distributive shares of Profits, Losses, or other items, or distributions, a Member's distributive share of income, gain, loss, or deduction with respect to any Property (other than money) contributed to the Company, or with respect to any Property the Asset Value of which was adjusted as provided in Schedule 2 upon the acquisition of an additional Interest in the Company by a new Member or existing Member in exchange for a Capital Contribution, shall be determined in accordance with Code §704(c) and the Regulations thereunder or with the principles of such provisions. 4. POWERS, RIGHTS AND DUTIES OF THE MANAGERS AND CONVERSION TO MEMBER MANAGED COMPANY 4.1. Management of the Company. The Managers shall have exclusive authority to manage the operations and affairs of the Company and to make all decisions regarding the Business of the Company. Any action OPERATING AGREEMENT Page 6 t4418-001 1\COMPAQ2500R\FILES\E\Edmonds Construction\LLOOpemting Agmt M2.doc 10-12-99 February 9, 2001 City of Meridian Planning & Zoning Department 200 E. Carlton Ave., Suite 201 Meridian, Idaho 83642 RE: Application for CUP / PD I, R. Craig Groves, managing member of Packard Estates Development, LLC, the record owner of property known as Packard Subdivision No. 2, shown on Exhibit "A" (metes/bounds legal description prior to recordation of plat / applicable pages from operating agreement). I hereby consent to the application submitted to the City of Meridian for CUP / PD. Included herewith as Exhibit `B" is a copy showing acceptance by the homeowners in the annual meeting minutes for Packard Estates Homeowners Association. It is our intent to use Lots 1-3, Block 8 of Packard Subdivision No. 2 for a subdivision pool, clubhouse and recreation area. A recorded copy of the plat is shown as Exhibit "A- 2". This site is desirable based on its central location within the overall layout of the Packard Subdivisions; and it lies partially within a culdesac. The area will be fenced and have several locked gates for controlled access and security. A general layout is included as Exhibit "A-1". Also, we feel the addition of this amenity to the subdivision will enhance the neighborhood and set a standard comparable to other upscale areas. At this time, we will be responsible for any additional sewer, water or trash fees or charges, if any associated with the change of use. Upon completion and approval, the pool, clubhouse and recreation area will be deeded to and turned over to the Packard Estates Homeowners Association. We plan to post the property I week before any scheduled hearing notifying the public that we have applied for a CUP / PD as shown on Exhibit "C". /2- R. Crai Groves Managing Member Packard Estates Development, LLC i 0 STATE OF IDAHO ) ss: County of Ada On this L�day of 200ppe1 of re me, t undersigned, a Notary Public in and for the State, Lpersonally ared Q [ managing member of Packard Estates Development, LLC, known orldentified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set hand and my official seal the day and year in this certificate first above tt . (140Idah My commission expires:! 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BM., ADA COUNTY.IDAHO z FEBRUARY, 2001 2 --RE ST. 9 0 125 250 100 DO > UNPLATTED SCALE IN FEET V = 250' PACKARD ACRES 14 13 19 SUBDIVISION KEY 2i 11 I PHASE 1, PACKARD ACRES SUB. E. C LLIS ST.PHASE 2, PACKARD ACRES SUB PHASE 3. PACKARD ACRES SUB z 1 2 3 4 a PHASE 4, PACKARD ACRES SUB y OPEN AREA LOT BLOCK NUMBER 7 4 3A I-Or14MEADOW I CAROL'S SUBDIVIESON NO, 2 CENTER or BELT. 9 2 r 2 3 /14 KEARNEY PLACE SUBDIVISION No 9 KEARNEY PLACE SLOIDINISION NO. 2 WINGATE PLACE SUBONISIN 40.1 v D.a MEADOWS SUBDIVH;IDN W. OF