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HomeMy WebLinkAboutSouth Ridge Subdivision App ~p /CITVOF ~ L/Ylerldicrn lD;\HO ~, '0 ~+rl~'N 11 . ~ ." {do 1 ""'\Sl'R" V S,'" MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph w. Borton Charles M. Rountree Shaun Wardle CITY DEI'ARTMENTS City Attorney/HI::' 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-]234 I fax 895-0390 Parks & Recreation 11 W. Bower Street 888.3579/ fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 I fax 888-6844 Police 1401 E. Watertower Lane 888-6678 I fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 I fax 895-9551 - Building 660 E. Watertower Lane Suite ]50 887-2211 I fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 I fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/ fax 884-1159 ''''\. '"\' r, l .,y 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 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Attn: Will Berg, City Clerk, by: July 13, 2006 Transmittal Date: June 26, 2006 File No.: AZ 06-031 I PP 06-031 Hearing Date: July 20, 2006 Request: Public Hearing. AZ of290.B7 acres from RUT to R-8 (115.91 acres), R-4 (62.92 acres), TN.R (51.36 acres), TN.C (34.65 acres) & R-2 (26.02 acres) zones; PP approval of 233 lots including: 206 residential, 11 commercial/other lots & 16 common/open space lots on 290.87 acres in proposed TN-C, TN-R, R-B, R-4 & R-2 zones for South Ridge Subdivision By: James L. Jewett Location of Property or Project: south side of Overland Road between Linder Road and Ten Mile Road David Zaremba (no FP) David Mae (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary ServiceS(NoVAR, VAC. FP) Building Department I Rich Greene Fire Department Police Department City Attorney _ City Engineer City Planner Parks Department Meridian Schoof District (No FP) Meridian Post Office(FP/Pp only) _ Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power CO. (FP,PP,CUP) Qwest (F?/P? only) Intermountain Gas (F?/PP only) Bureau of Reclamation (FP/P? only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Meridian Development Corp. Historical Preservation Comm. Your Concise Remarks: ern HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 FINANCE & UTILITY BILLING -l'AX 887-4813 MAYOR'S OFFICE ~ FAX 884-8]]9 Printed on recycled paper Hearing Date: July 20, 2006 File No: AZ-06-031 Project Name: South Ridge Subdivision Request Annexation and Zoning of 290.87 acres from RUT (Ada County) to R-8 (Medium Density Residential)(115.91 acres), R-4 (Medium Low-Density ResidentiaJ)(62.92 acres), TN-R (Traditional Neighborhood Residential)(51.36 acres), TN-C (Traditional Neighborhood Center)(34.65 acres), and R-2 (Low Density Residential)(26.02 acres), by James L Jewett. Locatron: South side of Overland Road, between Linder Road and Ten Mile Road; Township 3 North, Range 1 West, Section 23 File No: PP-06-031 Project Name: South Ridge Subdivision Request: Preliminary Plat approval of 233 lots including: 206 residential lots, 11 commercial/other lots and 16 common/open space lots on 290.87 acres in the proposed TN-C, TN-R, R-8, R-4 and R-2 zones, by James L. Jewett. JUN 23 2006 ~ < ( "":,. \, ~\.;.. H)..\~ to .~ <t~~~(~::J Planning Department COMMISSION & COUNCIL REVIEW APPLICA nON Applicant Information Applicant name: J,J.>.l'Y\ ~ L . . J 'E: 1;OJ G""""f\ Applicant address: ~ 5v,O C.A.XZ.Ol..- S/t2C'E:\) lV\~H:::>\.t>.r-J I 10 Applicant's interest in property: .% Own D Rent D Optioned D Other Owner name: Jp..Me:t:. L. J E1J-II2.TT Phone: 4s'S-U~S- Owner address: \5(.,.0 CAtzoL- ~"'-r1Z'66l, M'O\ZilCl\.p.N, \0 Zip: 83(aL{-2 Agent name (e.g., architect, engineer, developer, representative): P1.t.Il- l-l-v L-l.- ) .1ASDt-! ~M-;;"NWj \/f:::.N eLG Firm name: -m.-e ~N'D ~?, I ~ C- Phone: 43 cr - 4D1-J Address: 4&'2 l2. S!1-o\2:6 Dr.z-') Sv\ --r& j DO I ~&<.B .' I D Zip: B ~(~ I c.~ Primary contact is: D Applicant DOwner 01 Agent D Other Contact name: Pl.:\.l L \+u lL 4- VP-N ELb- Phone: '1::,~ -4 D4-1 E-mail: .).:\\ L @ -i1+6U::'''NO(~= i NG, LaM Fax: ')::>0; -444-5' '.JAN (J \1-\6LAN-<X~ i f'-.l C. C-o V"....... Type of Review Requested (check all that apply) i Annexation and Zoning o Comprehensive Plan Map Amendment D Comprehensive Plan Text Amendment D Conditional Use Pennit D Conditional Use Penn it Modification D Final Plat D Final Plat Modification D Planned Unit Development ~ Preliminary Plat D Rezone o Time Extension (Commission or Council) D UDC Text Amendment D Vacation (Council) D Variance [!I Other AL~{^,,+~ C(h\i\~ S' ., C '<i c..>, ". .... ",ci.c'.c, ....1'1Ie... "'C"". ...., .." ~.: :....: .J .: .. T ... ... .'.C :'..' c. >'. ..:. I:TTC . ..,: :.: { ...' Phone: qSS-&&SS- Zip: 8 'Z;-;~ 42. Subject Property Information Location/street address: I 60'S S-. L 1 N ~ R D (trt"c..L. 'j Assessor's parcel number(s): ~ IS\l~!--\t:5'L) P~-e.L- <;;1'\"B"t:s\ fb1Z- -rr+O:~ jNVoLVG'p. Township, range, section: T:::.N \ hJ 23 Total acreage: '2- 4 C!, co., Ac.tz6 (1:....-rPL) Current land use: \2~ 4-- AG- Current zoning district: \2.0\ -4 t<- \ 660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642 Phone: (208) 884-5533 . Facsimile: (208) 888-6854 . Website: www.meridiancitv.org 1 Project Description Project/subdivision name: SC>0/1-\ i<1'OL~ SuS07V 1 Si 0 N General description of proposed project/request: Mp..~ RANtJG"O "-,-,,I M \.;y.... .' IVl1\.\..\ \7~ALt-k-ED ~/hJ\.....-n - (-=p. \IV\ IL"- CO.M"t........."GQ..C1A-L Proposed zoning district(s): ,t--l- \< 1 \ t-\.,~ L, '{2 - ?- 12. ~ 4- ...-1.- ~ 1- ~ l Acres of each zone proposed: 5 I I ~ 6:> 34. &5 ~,0'2.. e:. Z , '\ 7- Type of use proposed (check all that apply): )ti Residential )2f Commercial pi Office D Industrial Amenities provided with this development (ifapp]icable): Who will own & maintain the pressurized irrigation system in this development? Ys-s Which irrigation district does this property lie within? !-.-\ ~ iVq?p., MS'z..YD1 P--N \ {"Z.t:z.\ 6-lrlf o.-J Olf5\f<\C-r. Primary irrigation source:N '1'\/\ 'rJ Secondary: C\'l'-( Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): z'l D~ I OOD "3" F. ("T\-l<\~ i:>!-'v>.-'X) S7N&-L6 l H~,'l2D.r2;\- <:;. ~ I +00 L ~'1.:Te- 1;<-8 ~ lIS", q \ .M Other Ll~iZA\Z^-1 ~ S~l'\-c;ot.. 'S1'"C'8S C-I..-LJ '\C> l..\ou<o.-e...i ~-~ACE / l~"\Z.L Residential Project Summary (if applicable) (-n-\ 1. '::, Wp...~6" ") Number ofresidentia] units: {S,7 ICp Number of building lots: 20 LP (T" ifI""L ,Aa-z-..". :A LL ~A"S>0 " Z ,Q. C1T p.~ 'J Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: l r\ B.rrV\Z\5 fl-\A.~ tl?~~')n~.i~: or more Bedrooms: fi..;\",~ (-1l'\1.l~~ ~ \ GO 0\:~ -:c 0- Minimum square footage of structure(s) (excl. garage): -?(.. ,.<\DO ~. p, Proposed building height: '~5) cKL MP--j../ "ZoN6 Minimum property size (s.t): ~ '0'500 S.F, C-s tv, A l-'-~) Average property size (s.f.): (CCC [4 S d . Gross density (DU/acre-totalland): 2..54- Net density (DU/acre-excluding roads & alleys): (p,se tk:.~I\7t..;;~ti~L \'2.. a '\ 0 a A 1'l e.r4L.;~~ Percentage of open space provided: ' I L (t Acreage of open space: -I."'T'G" Ae...\"Qe"S , Percentage of use able open space: \'"2, q 0 % (See Chapter 3, Article G, for onalified open soace) Type of open space provided in acres (i.e., landscaping, public, common, etc): 4 f~ l~. AlL~ Type of dwelling(s) proposed: Jf Single-family 0 Townhomes 0 Duplexes j(MultiMfamily Number of common and/or other lots: Non-residential Project Summary (if applicable) Number of building lots: ~ II 6.::j!."HV1~c..'(A1- Other lots: 0 Gross floor area proposed: % \'2.41""l.'DO Existing (if applicable): NetJ,e Hours of operation (days and hours): "S'-I ,b..~ OA:r;;z"D 1?<r">1 N~<;" Building height: 4S I (fVI A y:.. ') Percentage of site/proj ect devoted to the following: -nt-l ~ F"r\A1::€.. Landscaping: ,;t.. -y\-. ~ '7'0 Building: o;;c..'2 '2 "l"o Paving: ~ 4-? ,l % Total number of employees: (j NtL~c v..J t-l Maximum number of employees at anyone time: U tJ \4--l0tJN ~14<>;>L. <;''l~ Number and ages of students/children (if applicable): ~ &00 W~ BVl~ Seating capacity: ~ &? on Total ~umber of parking spaces provided: ~ t CO / Number of compact spaces provided: <:::. I eo /C-cFti-c,.;;""'?TL'/'><L C:~"-CPT............... 7 'S<::-ltccL. 'P--f.1:"r--l SG<fvOL \"LA'l'l Authorization Print applicant name: Applicant signature: 'VA.~ eL& 660 E. Watertower Phone: (208) 884-5533 . Facsimi SouthRidge Subdivision Application Narrative and Request Along with this preliminary plat application of SouthRidge Subdivision, the owner hereby requests annexation and zoning (into the City of Meridian) and approval of the concept for the described property. This application does not include any specific request for "variance" from the city ordinance. As discussed with the planning staff, this land is ripe for this development proposal for a number of reasons: 1. The comprehensive plan identifies this area for "medium density residential" and "MU-C" in the general area of the proposed officelretail area. 2. It is anticipated that with the development of the Neighborhood Center that it will provide employment and services opportunities for the existing and new residents-thus helping reduce the total vehicle trips generated in the area (if not included as part of the development). 3. Public Utilities have been made reasonably available at the northeast comer of the property. Engineers will work closely with city staff to ensure that these facilities are installed to accommodate this property and to consider/provide for potential future connection of adjoining properties. 4. The widening of Overland is scheduled and should coincide with the construction phasing and subsequent re-platting of the large residential lots. As requested, a Traffic Impact Study has been completed and included in this material to further clarify the intent. 5. Along with the development of this project, the owner has identified the location of a new school site, and a public library site. These public spaces will prove to be a wonderful addition to the area-benefiting both current and future residents Proximity of the Library and School will serve as a tremendous resource to students and residents and have been designed in this way so they will become focal point for neighborhood activity and interaction. Along with the public sites, the owner will also include a variety of single family (detached) product type that will blend with all future construction phases of the development as well as the office-retail portions of the project. The requested zoning districts will accommodate future Multi-Family residential areas (envisioned with the future phases, as shown on the concept master plan). These areas are designed into the transportation flows and blend beautifully with adjacent office-retail and higher density residential areas. In keeping with the vision of a true neighborhood.. .that provides the mix of residential lot sizes, the variety of residential product type, the meandering and friendly street system, alley loaded lots, inviting product design, commercial-office amenities, and etc... .the development will incorporate a convenient pathway and open space system that will provide for future connections from other ownerSl as well as an integrated system for the residents to enjoy. Well designed club houses and community areas will serve to enhance the experience of all residents within this growing and vibrant community. Based on the combination of amenities, services and benefits, the beautiful product mix, and the vast community offerings/attractionsl timing, and etc.--this project offers it all. It is wonderful to find a plan that can comply so well with the spirit of the city plans, the owner's needs, the community needs, the market, available services, and make it all come together with such flare. We ask that the Commission and Council move forward in granting the necessary approvals for this unique development to take root and develop in a fashion that is positive, progressive, and compliant with current plans and needs. Sincerely, The Land Group, f' ( i'a~ . _. V Elg Planner NOTE: At the time of submittal we were prepared to submit a conditional use application; however, it was discovered that a CD application was not required for this particular portion of the development; therefore, please note that the attached Master Plan (with elevations) are conceptual in nature and finalized/detailed design will be submitted, as required, with future preliminary plats and/or conditional use applications. , LaJl(f.tcape Architectllre · Site PIf1fIl/l1J,g · Civil E/J,gimerilJ,g . Goff Course Irrignti()IJ & E/Igil1eeri/J,g . Graphic COJJJJJJI/JIlcntio/l .SlIrtJryl1J,g 462 E, Shore Drive, Ste. 100, Eagle, Idaho 83616 . P 208.939.4041 F 208.939.4445. www.the1andgmupinc.com THE LAND GROUl', INC, June 19, 2006 Meridian Planning and Zoning Department 660 E. Watel:tower Lane, Suite 202 Meridian, ID 83642 RE: SouthRidge Subdivision-Altemate Compliance Request/Waiver Request Dear City of Meridian, As discussed with st.'iff, we hereby request that the requirement to construct all perimeter landscape buffers as part of the plat be waived. We hereby offer an alternate metllbd to ensure that the buffers ate constructed in a timely and reasonable manner. Issue: Based on conversation with staff and'owners, the preliminary plat includes large mega lots that will be re-platted in subsequent phases (based on the master concept plan). Combined with t1le master pL'1U and development agreement;. this approach will provide for straightf01ward re-subdivision of the mega lots for future phases of tIle development. The constluction of perimeter landscape buffers is normally required around the entire boundary of a ptoject (where it is adjacent to ROW). This project is quit large and has a significant amount of public road frontage on three public roads--Overland, Linder, and Ten Mile. Because of the phased nattue of this development, ongoing/future public road construction ptojects, utility construction/setvice related issues, and topographic issues that will be dealt with in each futtue phase, the construction of this large amount of perimeter buffering is difficult-at best. Proposal: We have added another sheet into the preliminary review set, Sheet PLR1.0 (perimeter Landscape Requirement) has added multiple notes (as suggested by staff) that indicate the following (for example): "Required landscape buffer to he installed as part of the construction of any part of ll1lock 11. Lot 1.J , Jiri' PkIlN!i,~~ " r -'11;d....I{~Pr. ..:.rrdJ!/c..,:'.~:n: (I Chlil Fi.J;~:i!!iJ,,'!iNI: tl (;o!i (.()::tJf,~ / n~g.llilJll e:~ 1.~/~:{!;~~:.E~r:-Ii:~ 0 (~'r:lpbk (,~itj-;;"!1:1!i:.~1fl,n! ".L~:!{:I(yi/~~ ~f()2 1.:, Shcm: Drive, Slt:'.. '11)0, .bgle. Idaho l:l.36'16 a l' 20::l,9J~}.41)4J F 2IJtl/lJ9A-l4S ~ www.lhcbndgroupillc.com June 21, 2006 Page 2 of 2 Other options/triggers, such as construction perimeter buffets with the issuance of a specific number of building pe.I:1nits in each phase, were discussed; however, with tills proposal, we hope to simply show tImt the developer will conshuct tIlese buffers along with any re-pbtting (and associated construction) of the subsequent blocks/lots-as noted on tile drawing. TillS should eliminate any concerns regarding potentbl internal re-platting/phases occurring without tile construction of tile associated perimeter landscape buffers. As instructed by staff, the final plat will reflect the perimeter landscape buffers in separate lots (as may be required in :residential zones). It is anticipated that the perimeter landscape buffering of the fitst phase (commerci.'l1 meas) will remain in one common lot so as to allow appropriate setback of the commercial buildings); however, if .required, any additional perimeter buffer lots can be shown on the final plat. Please note that tile First Phase perimeter landscape buffers {ie. Block 1, Block 2, Part of Block 3, Block 9 will be constructed WitIl the first phase/final plat of development (i.e. the area located near the intersection of Overland and Linder). We have modified the development agreement to .reflect this :tddition, and trust dlat this .request/explanation, the attached d.rawing, and the applicable modifications in the Development Agreement will provide sufficient confidence that tile perimeter landscape buffets will be COll5tructed in a timely manner. , Jill' f>i"!fll~j;t~ It , .dlid.~'{(~r(~ ~-'"I."('bir(i,:l::Ji,1 0 C'h.ji 11J,'~hN"liN~~ " C;;J!f C~Jtfr.rci h.I~'!~+l!itiil i:-: 1~J~~iI1c.'L:rilir~ a (i.r~l~b;L. (~H;:/;1!:J.'i~~#iI}H D J;:n~Jyh!,!: -[62 E, Shore DliH", Sll". -lUll, Engle. 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A<. ~ ~ iiI,> i;;~!i ~~ ~. ~R. ~ ~a m; ~~ i ~~~ ~pa ~~ Oll=:-< ~ t ~ ~ <> , " " '" '" ~ ~ E ;;' ~ ~ -< -< !(i co =' \:1 c ~ " ~ ~ ~ '" ~ rn '"O'U'U"tJ"U"U!::Z: bt:~~~Sb~ I ::::::1: l I I I.... ~ ~ 07 ~N""~ ~"l:I ~~~li FJ~ ~5~~ ~~ ~~~g r-:-- nE--<R, :; ~S;~qJ ~ ,"' ~ -( ~ '"1 ~~ ~ o~ nO ~ ~~ 5~ ..., s 2;5.; ~ ~ ~2 8 ~~ (') ~~ ~ ~ ~ iJ ;:;~ ~~ 1': ~ ~ '"' s ~ Q~ !i::: o s~ ~~ =' Ql'i !il::': ~ c ~s n ~'" ..,~ i1 8 ~ . ~~ ~ ~~~.c=::' ""....".. ",,, ~8; r--------- :('"'~ ~ a~l!~I:S "0..- ~~~~~ <...., L-&----NW~....-~-.... II; S, 'iINDERuROAV=,---:-":.-_n I i 'i . ~ !! I ~ S ~ ~ ~ South Ridge Subdivision Perimeter Landscape Requirement Meridian, Idaho g ,,';> , i lflF ~ ft~1 i ...@ I ~!l ~ :s~ . !: : I 216 AMENDED AND RESTATED CERTIFICATE OF LIMITED PARTNERSHIP (Instructions on back of application) F1. "'Po ."'---- ~rrr:-~....., ......... iii .. ... ~ ;~:r:EC-S PH ~:41 SiAii'Uf" ~{DAH8ljE The existing nama of the limited partnership is: Stetson properties, t.P. . .i.. The dale its certiticate of limIted partnership was filed with the Secretary of State: Januarv q, 2002 The certificate of limited partnership is amended and restated to read: 1. The name of lhe limited partnership is: -StetA~n P~np~~r;~~ ~~ 2. The name and business address of the registered agent are: Tim W. Eck, 6152 W. Halfmoon Bay Lane Eagle, Ioaho 83616 (SignatureOln~registeredagantl 3. The name and business address of each general partner are: ~ Address I In l'\::\ft16 R~'k- Pr(lr~rt-l.e.~. T.fr 6152 ~, HqlFmnnn Ray r~Q~. F.n91e. 4. The latest date on which the partnership will dissolve is: 1</31,11 0 5. Other matters (optional): 6. SJgnature of at least one general partne r and all new general partn ers: Signalure ~ -K....... r-"-" _,____ I S<lctllllll)'lJf S\lII" U5. only Ii I" Ii _ piS lit "t:! P 1;) it I~ ; ~ .---....ili. TypadName Tim W, Eck Signah.rB Typed Name Slgnetl,lf9 J.2;"~~:k Of STATE 0:: 3447& ell 618t.e =:S~30 1 [I J8.li9.. 38.118 REllillT lr: 2 TypeaName ~47't5"" No" W 291132 RCI"mtt>. SECRETARV OF STATE 7M "IllEST JEFFERSON PO BOX 83720 80lSE, II) 8J720,OOIlD DUll no latQr th",n April 30, 2006 Annual Report Form 2, R.giolercdAgont 00::1 omroNO PO BOX MICHAEL T :WINK 251 e FRONT STSTE ,,00 601SE,IO 83702 NO FlUNG FEE IF ~ElVEO BY DVE DATE 4, Limited Llabl!Jty Companies: Enter Names and Addresses of Managers. Ot1iGl!l held N.,me SIMAt or po 0 Addro/lS ~ UNDER 100. L!..C "',& 6 6I\.~IT~l_ eal9r. III 00l'1lll I S("o <:.1"\1.1:>.... "S-r h~~r'l;:m 8S6'il 3. ~ Rit':l9jg{;r.o~ Agonl SIgn."UUro s..,. ~ ~ "'T"-:r,...., W.€c.K ~tSz.. W ~...~ Moo,", LJ..'> ~&-U: "TO 83b\b MjI~/l... .:;:r~:l' L, -.:rE~Tr I S<'o ~ito~ "S""'l Mal::&~ -:t"O B3E.l/L I$suecl 02102/2006 Dale ,:-h::;j~ Tille "H~~ 2Q060400 1766 " 5. Organ~led Under UIO Laws or: IDAHO W 29932 <t)"\ t:, -,,', ADA CDUlITY REJ:DMER J. DAVID /IA'lAARO BOISE IDAlla 02/09toS D4:4S PM DEPUTY Hem Hanev RECORDED -REQUEST OF TIl/e Dne AI~DUNl' 3.00 1IIlllllUIIIIlIIlfllllllflllllllJ III 11361321262 \.' i .~ ! .l. ;,. .TitleOne .,;l; .!.~)r }"'+ ,!~.rrhW .I.-II, Order No.: AOS49290 ,}~loS WARRANTY DEED FOR VALUE RECEIVED, RUSSELL J. CLANCY AND SHIRLEY A. CLANCY, HUSBAND AND WIFE fhe Grantor(s), do(es) hcreby gram, bargain sell and convcy Unto STETSON PROPERTIES, L.P., AN IDAHO LIMITED PARTNERSHIP whose currenlllddress is 6152 W. HALFMaON L.ANE, EAGLE.lD 83616 the Grantee(s), the following described premises, in Ada County, Idaho, TO WI f: The East Halfof"the NorthweSL QuartcfofSection 23, Township 3 North, Range I West, Boise Meridian. in Ada County, Slate ofldaho TO HA VE AND 10 HOLD the said premises, Wilh their appunenBnces UnlCllhe SBid GmJ'llee. heirs and assigns forever And the S<1id Granlor(~) do(e~) hereby covenantla and with the said Grantee(s), that (s)he is/ille the owner(s) in fee simple of said premises; lhatlhc>, arc free from all cnclJffibranc~ EXCEPT ulose to which this conveyance is expressly made subject and those made, suffered or done by ehe Grantee(s); ll1Id subject to all exisling palent reservations, easements, right{s) or way, protective covenants, zoning C1rdmBnecs, and applicable building codes,laws and regulations, general taxes and assessments, induding irrigation and utility assessments (if nny) for the current yeBf, whiel, are not due nnd payable, llIId t!tat Grantor{s) will warrant and defend the same from Blllawful claims whatsoever Dated; 02109/06 ~J~ SSEU. JCCLANCY STA TE OF IDAHO COUNTY OF ADA ON THIS 9TH OF f-EBRUARY , 2006, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC PERSONALLY APPEARED ,RUSSELL J CLANCY, SHIRl.EY A CLANCY, KNOWN TO ME OR PROVEN TO ME ON 1HE BASIS Of SATrSFACTORY EVIDENCE TO BE THE PERSON(S) \VHOSE NAME(S) IS/ARE SVBSCRlBED TO THE WlnJlN INSTRUMENT AND ACKNOWL,EDGED TO ME TH~T ZH!ifEXECUTED THE SAME ~/..:~1:~ C ~ , ,......,'..,.., DIANNA L STORK .,>' \t- 1.. sr.'] "'.. " .... .~\ ........... .of. ~ '.. NOTARY PUBLIC { .:;.:.... . ..<,.... \ RESIDING AT; MERIDIAN i ;;/ +0';"':1' ~ oj( ~ MY COMMISSION EXPIRES: g ~ _.- (, i ~ 01/23/08 \.-+<.... pun\..\ l.;)} ~... ."'v ,. (SEAl.) ......r... ............"".., 'r' .:r '-.:., Tn ci' \",.,... J~'.f't~',.'I...~ ..:.~,. \ ~ ~ landAmerica -. _ Transnation Escrow No. 0500039407 WARRANTY DEED FOR VALUE RECEIVED JOHN P. MUNDT AND MARTHA G. MUNDT, husband and wife GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELLAND CONVEY unto: STETSON PROPERTIES, L.P., an Idaho limited partnership GRANTEES(s), whose current address is: 6152 the following described real property in Ada more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED (Continued) W Half Moon Lane , Eagle, ID 83616 County, State ofIdaho, TO HA VB AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) islare the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever, Date: January 3 I 2005 ~P.. _~ .11~ ~~r Jo P. Mundt ~OJ4./^ Martha G. Mundt Cc ~jll;( . '" ! Notary Acknowledgment - see page 2 WARRANTY DEED - NOTARY ACKNO\ JGMENT{S): State of Idaho, County of Ada, 55. On th~i \ S day of . in the year of'2{J()4 before me, the undersigned, a Notary Pub!i iQ and.for said Stat pers9-nall~~~pea d John P. Mundt and Martha G. Mundt known or identified to to b~ the person(s))(I'hose n~e(s)>(dla[ subscribed to the within instrument, and acknowledged to me that ,{she/they execl4't!3d the~'sa 6. I ,un..,. 1'1 ~ / ; .~.' '1, i (a ! ..... *" 1 . '. "" I,.... \' ," ,,<; .c........ "" ~.. ~ '"" r Y ._ Ill.,/ ~ , ,.' I, ""'--11 . ..... ~ . """, 0- ":r. .~ -'... ~ 'I .u ....1 D", Vo'" -:.. , '''AM ~ f::J.O 'tt I-' "...... N bl" ~ ~.; . . " A 0 .., ~ o ry " Ie ~ In,". ",,~""e' t-l.t2..Zl}10 :: 0" c:: " , : ttl :: Residing at W~mmis$Ol\:ri"l"'-' I ~ '11: ~ ~ ;; : t:rJ E M .. . -_It ..... V Po- .0,_ Y commiSSIon expires: ; -0 <I" ('I ..,. ~.O 0 :: -; 7 8*. G.1iI "Ct:J $ ~Il': ~o .....n~oC!lO ~ $' ........# *" (\ \..... "I'r~.u.n..v.t'"'' LEGAL DESCRIPTION (continued) EXHIBIT "A" PARCELl Part of the Northwest quarter of the Northeast quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, des9ribed as: Commencing at the North quarter corner of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; and running thence South 89047'08" East, 515.41 feet along the North line of said section to the POINT OF BEGINNING; thence South 89047'08" East, 150.00 feet along said North line; thence South 00011'15" West, 1,777.50 feet to the centerline of the Ridenbaugh Canal; thence along said centerline the following (6) six courses: (1) thence North 38020'14" West, 253.41 feet to a point of curve; (2) thence Westerly 232.80 feet along said curve to the Jeft (curve data: radius equals 130.00 feet, delta equals 102036'12", chord bearing and distance equals North 89038'20" West, 202.92 feet); (3) thence South 39003'34" West, 141.01 feet to a point of curve; (4) thence Westerly 167.39 feet along said curve to the right (curve data: radius equals 70.00 feet, delta equals 13rOO'42", chord bearing and distance equals North 72026'05" West, 130.26 feet); (5) thEmee North 03055'44" West, 414.91 feet to a point of curve; (6) thence Northwesterly 131.02 feet along said curve to the left (curve data: radius equals 150.00 feet, delta equals 50002'39", chord bearing and distance equals North 28057'04" West, 126.89 feet) to a point on the center North-South line of said section; thence North 00010'24" East, 702.57 feet along said center North-South line; thence South 89047'08" East, 515.41 feet; thence North 00010'24" East, 422.58 feet to the POINT OF BEGINNING. 'IX' A TV RECORDER J, DAVID IIAVARRa BL. .\~O 01l3BIlJ4 05:no PM DEPUTY Vicki AI/en RECDROEO- REQUEST OF TIlle One Ar.\OUt/l' 8.M III fllJlI/lIllf1JlllIJ 1111111I1 II/III 104l'l9Se17 Order No.: A04271l8 JW:' I fL- WARRANTY DEED FOR VALUE RECEIVED, LEROY THORNTON and HEATHER OLSON THORNTON, HUSBAND AND WIFE The Granlor(s), do(es) hereby grant, bargain sell and convey unto JAMES L. JEWETI, a married man as sole and separate property and WILLIAt\1 J. BUCKNER, a married man as sole and separate property whose curreot address is 408' 5, ~ f.<t),.<# r 03 Ji#.ae. ~J) !?:3b/~ the Grantee(s}, the following described premises, in Ada County, Idaho, TO WIT: P ARCELJ Utilizing the centerline of the Ridenbaugh Canal as the boundary line between the Northern and Southern portion of the West half of the West half of the Northeast quarter (West halfofthe West half of the Northeast quarter) of Section 23, Township 3 North, Range I West, Boise Meridian, the Southern portion. PARCEL II A road right of way along the Western boundary ofthe above described real property, more particularly described as follows: A strip of land 30 feet wide, 15 feet eil~er side of the following described centerline: Beginning at a point 00 the section line which bears South 89054' East, 15.0 feet from the quarter section corner common to Sections 14 and 23, Township 3 North, Range 1 West, Boise Meridian, thence South 0003' West along a line parallel to the mid-section line of Section 23, 1041.66 feet to a point; thence a strip of land 50.0 feet wide, 25.0 feet either side ofthe heretofore mentioned centerline; thence South 3;052'30" East, 139.35 feet to a point; thence South 1 018'30"East 35.54 feet to a point; thence South 5057'40" West 25.62 feet to a point on the Northerly edge of Rid ellba ugh Canal on the centerline of a certain bridge across said canal; thence South 27033'30n West along said centerline, 24.60 feet to the end point on the Southerly edge of said canal. PARCEL ill Taat portion ofthf.:. 'A'eSI half of the East h~lfofthe 'Nest half of the No:rl-..hen:;t quOlti:e: 'Of Section 23, Township 3 North, Range I West, lying South and Westerly afthe centerline ofRidenbaugh Canal. TO HAVE AND TO HOLD Ihe said premises, with their appurtenances unto lhe said Gmntee, heirs and assigns forever, And the said Grantor(s) doles) hereby covcnant to and with the said Gmnlee(s), thaI (s)he islare the owner(s) in ree simple of said premises; thallhey are free from all encumbrances EXCEPT: Subject to aU exi'ting patent reservations, easements, oghl(S) of way, protective covenanls, zoning nrdinances, and applicable building eades, laws and regulations, generalla~es and assessments, including irrigation and utility ensement. (if any) for the currenl year, which are uol due and payable, and that Grantnr(s) will warrant and defend lhe same from aU lawful claims what.oever. Dated: 07/30/04 ci~~ duL/;;~76~ HEATHER OLSON THORNTON STATE OF IDAHO COUNTY OF ADA ONTHIS~OF JULY, 2004, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC PERSONALLY APPEARED ,LEROY THORNTON, REA TIlER OLSON . THORNTON, KNOWN TO ME OR PROVEN TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAlvlE ......1111....,,-' - . .....,...'\.\ 0 H V 'J#,.~~ ..It," .......... 0/ ..... -$ ...... ""to.. ~O "'-:;,. ~.Q: :)'> ....~~ :,~.: '7" , ? ~r-~ :.~: Q!. .. ~ :-1:: :~~ t.. '~:l-: ~').. <0 ." "J: ;, v:..., IV ..... $ ...,,,,, .tv .........." ........ ""'" 'Y~I-V.3... """,,-, '.r,'ffnuU..... TARA M. CLlFFORD NOTARY PUBLIC RESIDING AT: MERIDiAN MY COMMISSION EXPIRES: 06/18110 (SEAL) / CiJ .AMOUNt 18.&D landAmer.ica Transnation ADA COUNTY RECOriOEfl J. DAVID NAVARRO BOISE II1AHrI 05111/86 04:27 PM :=~~~~~ Or 111 JIBOlIllUlllflIIlUI.,1I1 JIll 1r.mmaDrllt TItle 1€.l6074X 76 Escrow No. 060004!l,980 INS. WARRANTY DEED . ~OR VALUE RECEIVED GERALD R. REED .AND DBWRES J. REED, husband and '>'life GRANTOR(s), does(dQ) hereby GRANT, BARGAINl'SBLL AND CONVEY unto: LINDER 109, r.a..C, an Idaho limited liability company " GRANTEES(s), whose~aMressis: 1560 S carol St , Meridian, ID 83642 the following described real property in. Ada County ~ State of Idaho, . , more particularly described as follows, to wit: see EXHIBIT "A" ATTACHED (continued) " 6~ TO HAVE AND TO HOW tire said premises, with their appurtemm.ces unto the said heirs and assigns furever. And the said Gnmto.r(s) doos(do-) l;erebycovenantto and with the said Grantee(s), that Grantor(s) lsIsretheawner(s) in fee simple ofsllid premises; that $aid premise& nre :free from all encwnbrane;es EXCEPT those.to which. this conveyance is expressly made subject and those ma~ suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, ease.ments, right&' of way and agreements, (if wy) of record, and general taxes and IlSSessments, (including irrigation and utility assellsments, if aAy) for the CUI:rellt year, whiroare not yet due and payable, and that Grantor(s) will warrant ami defend the same from alllaV(.ful claims wha1sQever. Date: May 1.0, 2006 Ge;;~.QjJ:J( , (Q q~ G~r ld R Reed ~ At/~---e Delores J Reed ...- Notary Aclmowledgment- see page 2 WARRANTY DEED - NOTARY ACKNOWLEDGMENT(S): State-of Idaho, County of Ada, ss. On this.J.Ct6 day of M~y in the year of 2006, before me, the undersigned, a Notary pUblic In 'and, for said State, personally appeared Gerald RReed ~lores J Reed known or identified to me to-be.the person(s) whose name(s) is/are subscribed to the within Instrument, and acknowledged to me that he/she/they executed the same. ~~~. Residing at f/lcri~ ' 'My commission expires: Ifprd 6" dOl~ ....UU'I'", ~~'e1,:\3.TT 4/"'" I"~ ....-..... ~:tJ t..~ $ti. ..;o~ ! (llOT-4h \0 \ .. 'J.~~': i ....~.:: .,p ... \ '$.~l1LICL. j \S:~ .......~O I '~ o.FIP~~~" ~titra..riUt". ~~e No.' 0600044960 - S~13ULE.A (cantinued) LEGAL Dli:SCRIl?TJ:ON {QontintiedJ EXRlBIT "A" P1'..RC1iJL I The S01.lthwe$t quart:er of the Northwest quart.er of Se~tion 23, Township 3 Nortb, Range 1 ~gest.. :Boise Meridian, Ada County, Idaho. SXCEl?TIOO 'l'HEREFROM chat portiim of the Southwest quarter of t'b.e Northweat quarter of Section 23, .'I'ownsb.ip 3"North, Range 1. West, Boise Meridian, Ada Comty, Idaho, more particu1:arly desc:cibed as fol~cws, :Beginning at a point on the Westerly line of said Sect;ion 23, which is North 89o~B' Best 417.73 feet from the West quarter sectloncorner of said $ection 23 to the POINT OF BOOI~IlID; thence North BS"46' Sast 356.68 feet to a steel pin, thence L~orth 23"12' West. 298,80 fest to a steel pin; t:benae South 89"48", West 442 _27 feet. .to a steel pin, thence SoutJ:t 431>2~' 30" East: 64.39 feet to a steel pin; thence . $outh' 37 "35' 50" Bast SO .33 feet to a steel pin; -thence South ~1"29'50. Ea~t 118.45 feet to a steel pin; thence South 37"2'1'2.0" East 109.53 feet to a steel pin, the PLACE OF' BEGI~rNG. Also EXCElPTING THEREFROM a portion of the'Sout):w.1est quarter of the Northwest quarter of Section 23, Township.3 North, Range 1 West. Boise Meridian, Ada County, Idabo, and more particular1y described as follows: Beginning at a brass cap marking the Sout.:hwest corner of the said Southwest. quarter of tbe Northwest quarter of Section 23; Chance along the Sout:1':lerJ.y.boundaIy of the. s,aid Southwest quarter of the Northwest quarter, South 89004' D3ft East 834.1!1 feet to an iron p.in, said i.ron pin also being the :RRAL FO!l!lT OF BFt3'INIJING; thence continuing along said Sout:herly bbundary, South 89"'04.' 03Q East 49a,8:3 feet to an iron pin marking the Southeast corner of the said Southwest quarter of the Northwest quarter of Section 23;, l::h~ce . . leaving said Southerly boundary and along the Eas'cerly boundary of the said Southwest quarter of the JjJort~est quarter, North OU".;! 7' 25ft East 1316.72 -feet to an iron pin marking the Northeast corner of the said SOlltbt'1est quarter of the Northwest -quarter of Section 23.- thence leaving said Easterly lxnmdary aJ:ld alOIlg the Nort:herly boundary of the said Southwest quarter of \;he Northwest quarter of Section 23. North 8.9"OS'14" West 985,9'9 feet to a point:; thence ;Leaving said Nort:l;lerly boundary, South 3~"Ol' 29-11 E:a'st 269.97 feet. to an iron pin; thence North 73"54'05" East 128.79 feet to an iron pin; thence South 13"25'07" East 616.86 feet to an iron p~, thence North B9"15' 17" West 157.58 feet to an iroD pin; thence South 22"08'10" ~st 574_21 feet to the POIN'!' OF BEGINliING. ALSO EXC'BJ?'l'XNG TYERJ:$'I{OII.I an i=eguli!lr plbt of land Situated in Section :8, Township 3 .North, Range 1. West, Boise I~er.idian, in the County of Ada, state of Idaho, more parr:.icularly described as foll:ows: (aou.tinuGd) F~e NO.t 060004~9tO scmmULlll A (coutinued} LEGAL nmBCRnXION (crmt:i:tl.ued) comm.encing attbe. l'lo:rthwes.t corner of Section ::!3, Township 3 North. Range 1 West, :Boise Meridian, (at the intersection of Ten'Mil.e Road ~nd overland Road) in the County of Ada, Sta.te of Idaho; thence South along the Wast line of said. Section 23, in the middle to Ten Mile Road, 2,440.72 feet: to a- steel pin~ the RE2\I.J FT-ACE 0):" ElEGil:ilNllilG; thence South 89052' 'East 337,21 feet to a st.eel pin in the oenter line of, the live irrigation ditch; thence . South 31"13' East UB.O feet to a steel pin in the center line of said ditch; !:hence South 37"9' East 125.66 feet to a steel pin in the cent;el;"" line of said clitc:h; tllence North 89"52' Weat .47~ .B4' feet to a steel pin in the West line of said Section 23 (and in the l\1iddle of said Ten Mile Road); thence , North along ~aid West seClt,ion line (and middle of said Ten Mile Road) 2Dl.54 feet to a steel pin, the RElo.L PL.'l\CE OF" BEGINNING, EXeS!?1' TH~OM that 'port1.OJ1 of said . premises lying within Lot 3 in Block 1 of TESTER'S SUBDIV1SION. according to the official plat thereof, filed in Bool.. 4.8 of Plats at pages 3895 and 3896, records of Ada County, Idaho. ALSO EXCEl?TtJ:l.1(; THEREFROM part of the Southwest quarter of the' Nox:thwest quarter of Sect.ion Z~, 'township 3 North, Range 1 West, Boise MertMan, COUl:l.ty of Ma, St.a.te of rdaho, more partiCularly described as follows: Commencing at !;he-Northwest: corner of ,Section ~3 r, 'fownsllip 3 North, Range 1 West, l30ise Meridian. Ada County, Scate of Idaho; tbenc~ Sour;h along the tgest. boundary of said Section 23 for a distance of 2., Z"5 0, S4 feet to a lf2" steel pin in the center line of live irrigaticm d:i,l;ch the RmUt PLACE 911' BEGINNING; thence. South SO"!' East along the center line of said irrigation ditch for a distance of 122.84 f"eet 1;.o'a 1/2" steel pin; tbence South 61"3' EaSe for a distanc~ of 252.15 feet to a 1/2h steel pin; thence South 43"7' Bast for a disl;~ce of 15,88 feet to a 1/'2.... steel pin, thence South 31"20' East for a distance of 50.34 feet to a 1/2"1' s1;:eel pin in center line of .said irrigation ditch; thence North 89"52" West for a distance of 337._21. feet:. to a point in West boundary of said Secl:ion 2.3 marked by 1.12fl steel pin sunk 30~ in the pavement and earth; thence' North along West boundary of said section: 23 for a 'd1st,ance of 190.17 feel; to a .1/29 stee~ pin in center line of said irrigat.ion dit.ch, which is tJ1e REl.lUt PLACB OF BEGINNING, 1!:LSO EXCEI?TING THEREFROM that portion of the So~thwest quart-er of the Northwest: quarter of Section 23, 'l'avmsh:i:p 3' North, Range 1 West, Boise Meridian. Ada. countYr Idaho, more particularly described as follows: BegiDn1ng at a po~t on the Westerly line of said Section 23, which bears North 406.09 . feet from t.he West quarter section corne:c of sai.d Section 23; thence South &D01~'SO~"2ast, 142_63 feet to a point; thenee South G101B'50ft East, ~1.S9 feet to a point; thence lijorth S:l048' East, a85-4:2 feat to a point; thence No~~ 0012' WeStl 105.09 feet to a'point;'thence South 8~Q4B' West, 445.5~ feet to a.point. on the section line; thence Sout:b along said 5laCtioIl line 70.21 feet to the f10:r.N't OF BBGUlNIiOG. ~LSO BXC~E''1'ING 'tHEREFROM that portion 'of tbe Southwest qua.rter of tbe Northwest quarter of ( c:on~:l.nulid) File No.: 0600044S80 SCllEDULE A' (contUmed} I.ESA[, DESCRJ:P'1'IQN (continged) Sett;i..oo 23, Township 3 North, Range 1 West, 130ise Meridian, Ada County, Idaho. more particularly descr.ibed as follows: :Beginning at the West r;auart.er section corner of said Section ~3 i thence North along the section line 406.09 feet to a 'point; thence SoUth BO"19' 501' East, 1~2. 63 feet to a point; thence South 6"1"18'50" East, 21.59 feet to the REAL POINT OF BEGINNING; thence Soutil 61"18'50" East, 138.78 feet to a paine; thence South 'i3<>24'30" Ease, .39,93; feet to a pOinti thence March B9~4e' East, 401.97 feet to a point; thence North 23012' west, 218,62 feet to a point; thence South 8ll"48' West, 184.99 feet to a point;. thence South 0"12' East, 105-09 feet to a point; thence 'South 89"48' West, 286.42 feet to the RE1\L POINT OF BBGINNDllG. ALSO BX:CElPT!NG THEREFROM an easement for road purposes, being 25 feet:. wide, more particularly described as follows, Beginning at a point whiCh is North a10ng the section ~ine~ 3&0.73 feec from the quarter section corner co1Tl1l'lOn 1:0 Sections 22 and 23, Township 3 North, nang~ 1 'West, Boi.se Meridian; thence Nqrth 25.36 feet \:.0 a point; thence South 80"19' 5 0" East, H2. 63 feet co a point:; thence South 61"18'50" East, 160.37' feet to a point; thence Soutil ~3 <>2,!} , 30" East., .3 9 . 93 feet to a point i thence South B~o~8' Wast, 34.30 feet to the centerline of an irrigation ditch; thence along said centerl~e North 43024'30" West, 12_51 feet; thence llTort:h 61018'50" West, 152..24 feet; thence North 80"19'50" West, 134_19 feet to the POINT OF BEGINNING, as set forth in Easement Deed recorded May 17, 1968, as Instrument No_ 690661, records of Ada County, Idaho. PARCEL It. 1"hal: portion of the Northwest gua:rter of the Worth'l'lest: quarter cif Section 23, Township 3 l~orl:h, Range 1 vlest, Boise Meridian, Ada county, Ideho, described as follows, Be9inning at the Southwest corner of said Northwest quart~ of the Northwest quarter; thence East along the South boundary of said Northwest quarter of the Nortbwesc quarter to a point Where t1le R.ideubaug1l Canal intersects' said Sout.h boundary; thence in a N,?rthweste:rly direction along the meander liDe of said canal to a point where said' canal intersects t:he West boundary of said !ilo;t't.hwest quarter of the Northwest quarter; thence ' South along !:he West bo"Utldary of said Northwest quarter of the Northwest quarter to the POINT OF BEG!NN!NG- PAllCEL II!: .Beginning at a point ..,.'hieh .i.s North along the section line, 380.. 73 feet from the quarter section corner common to Sections 22 and 23, Township 3 North, Range 1 Wes.t, Boise Meridian; theo~e ( continued) File NO.: D6a0044~SO SCBEOtlLE A [continued) l:.EGAI. D;l;lSCRJ;P'l'I:ON (continued) North 25.36 feet t.o a point;. thence South 80n19'~Oft Bast, l42.63 feet to a point; thence South 61"'2B'SOU East, 19O.37 feet to a point; thence South 431>~~" 3D" East, 39.,93 feet to a point; thence South 891>48' West, 34.30 feet to the centerline' of an irrigaticm ditch; thence along- said centerline Nortb 43D24'30rt West, 12.5~ feet; Ch~ce Marth 6101S'SOft West, 152.24 feet; thence i;rorr;h Boo19' 50" West, 1.34.19 feet to the PD:tNT OF BEG!NNIN"G, as set forth in Easement Deed :r:eeoroed llJaY'l7, 1968, as Instrument No. 690661, records of Ada County, Idaho. Ct' ADA COUNTY RECORDER J. DAVID NAVARRO BOIS E IDAHO D5W4lD4 04:20 PM DEPUTY Bonllie Oberblllig RECORDED -REQUEST Of Transnati en Tille AMOUNT 27.00 LLC WARRANTY DEED 9 1111111111111111I11 j 11111111I11111111 104054513 D3Cf:DJlPt/&'1lib 1. Conveyance of Real Propertv For value received, AMEND FARMS LLC, an Idaho limited liability company, with its principal office at 2136 West Snyder, Meridian, Idaho ("Grantor") hereby GRANTS, BARGAINS! SELLS, AND CONVEYS to LINDER 109, LLC, an Id3ho limited liability company, whose current address is 408 S. Eagle Rd., Ste. 103, Eagle, Idaho 83616 ("Grantee") the real property located in Ada County, State of Idaho and further described on Exhibit A attached ("Real Property"), TO HAVE AND TO HOLD the Real Property and the appurtenances to the Real Property unto the Grantee and the Grantee's heirs and assigns forever. 2. Representations and Co,,'enants of ,the Grantor, The Grantor represents to and covenants with the Grantee as follows: A. The Grantor is the owner in fee simple of the Real Property. B. The Real Property is free from all encumbrances, subject to and except for (i) the encumbrances described on Exhibit B attached, (ii) rights reserved in federal patents, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, rights-of-way and easements established or ofrecord, (Hi) encumbrances made, suffered, or done by the Grantee, and (iv) general taxes and assessments (including irrigation and utility assessments, if any) for the current year which are not yet due and payable. c.. The Grantor will warrant and defend the quiet enjoyment of the Real Property from all lawful claims, to the extent of the warranties contained in this Deed, D. The Grantor will give such assurances and perform such acts as may be necessary to perfect or confirm the title conveyed by this Deed. 3. Certification of Authorization. The member who signs this Deed certifies that the WARRANTY DEED - 1 April 21, 2004 Deed and the transfer represented by the Deed were duly authorized by the Grantor in accordance with the Operating Agreement and Articles of the Grantor and the laws applicable to the Grantor.. AMEND FARMS LLC Dated; 4f11, :l 7 ,2004 BY'a'~ -Y.Yi Gri , Its Manager STATE OF IDAHO ) ) S5 County of Ada ) . On this ,;1.1 day of ~ ' 2004, before me, a notary public in and for the State of Idaho, personally appeared Larry Griffith, known or identified to me to be the Manager of Amend Farms LLC, the limited liability com flllY that executed the instrument or the person who executed the instrument on behalf of said r . ed liabiliw company, and acknowledged to me that such limited liability company execute s~e. I () .... ............. IML.-t,<- ) ~vifMr-! ~~~. \\...t.E 80 "" .........,c ........ s~. <:.,.. Notary Public for Idaho ... -..;;"' D. -. -( .. ! <~/..:!..O"T ARy.....C. \ Commission Expires: : . \.-.00 ~ ~ : * :. .....- : * : -<< c.- ; \. PUB '-' \ : f P,~:l!d!ng fn Meridian, fdahG -:. r.J' o. o. 0 ~ Cc;mrr.!:;:;IOIl Qlq)l1B9 U-12-04 .-0.... }1 ". ..- ~ ...... ...... .-1 ........ I(-... ..... I"~"~ fE OF \'i:> .,~~~ ~tl'nUH\."'" WARRANTY DEED - 2 April 11, 20M EXHIBIT A REAL PROPERTY File No.: 0300016467 SCHEDULE A (continued) LEGAL DESCRIPTION (continued) EXHIBIT "A" PARCEL I The East balf of the Northeast quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying North of the Ridenbaugh Canal. EXCEPT a strip af land 20 feet wide off the South side of said East half of the Northeast quarter ext:ending from a point where the Ridenbaugh Canal crosses the South line of the said East half of the Northeast quarter, Bast to the public road running along the East side of the said East half of the Northeast quarter of said Section 23, Township 3 North, Range 1 West, Baise Meridian, Ada County, Idaho. EXCEPTING THEREFROM a parcel located in the Northeast quarter of the Northeast quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/B inch diameter iron pin marking the Northeasterly corner of said Northeast quarter of the Northeast quarter (section corner), from which a SiB inch diameter iron pin marking che Southeasterly corner of the Northeast quarter of said Section 23 (one--guarter corner) bears South a distance of 2650.55 feet; thence South along the Easterly boundary of said Northeast quarter of the Northeast quarter a distance of 639.59 feet to a 5/8 loch diameter iron pin and the POINT OF BEGINNING; thence continuing South a distance 250.00 feet to a SiB inch diameter iron pin; thence leaving said Easterly boundary West a distance of 199.24 feet to a 5/8 inch diameter iran pin; thence North a distance of 250.00 feet to a 5/8 inch diameter iron pin; thence East a distance of 199.24 feet to the POINT OF BEGIN1~rNG FURTHER EXCEPTING THEREFROM ditch and road right-oE-ways, PARCEL II The East half of the West half of the Northeast quarter of Section 23, Tovmship 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. EXCEPT THEREFROM that portion of the above described land lying Southeast of the Ridenbaugh CanaL EXCEPTING THEREFROM a parcel of land locaced in the Northwest quarter' of the Northeast quarter, Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of the Northeast quarter of Section 23, Township 3 North, Range 1 West, thence North 89058'52" East 665.41 feet to a point in the centerline of Overland Road and the REAL POINT OF BEGINNING; thence continuing along the centerline of Overland Road North 89058'52" East 250.00 feet to a point from which the Northeast corner of Section 23 bears North 89058'52" East 1746.25 feet; thence South 0002'45" East 888.63 feel: to a point; thence A.": " EXHiBJT A Fi~e No.: 0300016467 SCHEDULE A (continued) LEGAL PESCRIPTION (continued) South 89058'52" West 250.00 feet to a point; ~hence North 0002'45" West 888.63 feet to the REAL POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM ditch and road right-of-ways, ALSO EXCEPTING THEREFROM a tract of land situated in the Northeast quarter of Section 2~. Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and being a portion of Parcel "A" as per Record of Survey 4208, records of Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northwest corner of the Northeast quarter of said Section 23; thence following the Northerly line of said Section 23 North B9058'52'1 East a distance oE 1052.43 feet to a point on the Northerly boundary of said Parcel "A" and the POINT OF BEGINNING; thence following said Northerly boundary North B905B'52" East a distance of 288,01 feet to a point; thence leaving said Northerly boundary South 00000'49" East a distance of 280.00 feet to a point; thence South B9058'37" West a distance of 287.85 feet to a point; thence North 00002'4511 West a distance of 280.02 feet to the POINT OF BEGINNING. PARCEL III All of that certain parcel of land lying North of the Ridenbaugh Canal, which parcel is described as follows: The Northwest quarter of the Southeast quarter of Section 23, To\~ship 3 North, Range 1 West of the 80ise Meridian, Ada Couney, Idaho. PARCEL IV A tract of land situated in the Northeast quarter of Section 23, Township 3 North. Range 1 West, Boise Meridian, Ada Couney, Idaho and being a portion of Parcel "A" as per Record of Survey ~20a, records of Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northwest corner of the Northeast quarter of said Section 23; thence following the Northerly line of said Section 23 North 89058'52" East a distance of 1052.43 feet to a point on the Northerly boundary of said Parcel "A" and the POINT OF BEGINNING; thence following said Northerly boundary North 89058'52" East a discance of 2B8.01 feet to a pain!;; thence leaving said Northerly boundary South 00000'49" East a distance of 280.00 feet to a point; thence South 89058'31" West a distance of 287.85 feet to a point; thence North 00002'45" West a distance of 2BO.02 feet to the POINT OF BEGINNING. EXHIBIT B ENCUMBRANCES Pi~e Number: 0300016467 Commitment Number: 0300016467 SCHEDULE B - SECTION 2 ;che.dule B of the policy ot' pOlicies to be issued will contain exceptions to the following natters unless the same are disposed of to the satisfaction of the Company, (or unless the ?Olicy to be issued is an ALTA Homeowner's Policy (10/17/98) in which case only item B is :elevant and items 1-7 are expressly deemed inapplicable to the covered risks of said AL'l'A iomeowner's Policy'. 1. Any facts, rights, interests, OI' claims which are not shown by the public records but which could be ascertained hy an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are not sho~r.n by the public records. 3. Discrepancies, conflicts in boundary lines. shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, imposed by the law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is uot shown by the public records. 5. (al Unpatented mining claims; (hI reservations or exceptions in patents or in Acts authorizing the issuance chereofi (e) Indian treaty or aboriginal rights, including, but not limited to, easements ar equitable servitudes; or, (d} water rights, claims or title to water, whether or not the matters excepted under (a). (bl, (c) or (d) are shown by the public records. 6. Taxes or assessments which are not now payable or which are not sho\~ as existing liens by the records af any taxing autllority tllat levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records, 7_ Any service. installation. connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records- .a..8~ Dac9JiJta, li.gREiI. Q~9"~~'='--7"""'~Qg~ 3g.....grfa9. gl:?ims sar st:k~ ::lJ~"'9~B, i:: aR~" - ~5a~i~9 ~~ ~~~iLa W88@~.&~ ~~~hR! B~8~RS ~a aae eH€~a8i~e aata 1"~~~6S Lu.L l:-'_.fL..J_ L\ooJ tL...... d~ t~ ~aa ~~6p~t!ca i.-.!of! ljl "S 6.e:q:~i.... ~v 6t ~~~ya f~L ... ~l ~(.. Ll..~ ~15t......t._ Q-.- f_...L__1.. c:~t 5;: ffi~l. t::~a.~(:. th~1: t.6R '::6.." z;...:~el by th -; Cl Cammi tRli:?!t . Paragraphs 1-8 wiI.l not appea:x: as printed exceptions on ex.tended cove:r:age loan policies, except as to such pa:x:ts thexeof which may be typed as a Special Exception in Schedule B - Section 2. ( Continued) American Land Title Association Co~tment Schedule B - Sec~ion 2 EXHiBIyE File Number: 0300015467 Commitment Number: 0300016467 SCHEDULE a - SECTION 2 SPECIAL EXCEPTIONS (Continued) 9. Water rights, claims or title to water. 10. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the iss~ance thereof. '" 1, gi!!!'l.e~.a1l. !!!e.U8B tiell ..tlile ~'a;ar 2Q'J~, ~'laiad<l a.;:p.(J iil la.lii'-, 5''' wJ;.is:il. ::il.e "i~ii': loalti alii f/ala aJillil ~la-Q~ ~889Hd aalf a.8 ~~ ~~'~~~ ep B9fo~8 JaHG 39, J9S1 afla ~e~ ae~~B~~~t ana:l a~a~L -e:aH! 7at 2 (AFFECTS PARCELS I, II AND 1111 12. General taxes for the year 2004, which are a lien. payable on or before December 20 of said year and not delinquent until after said date. 13. General taxes which may be assessed and extended on any "subsequent" or "occupancy" tax roll for the tax year 2004 with respect to improvements completed during 2004, which may escape assessment of the regular tax roll; which are a lien not yet due or payable. 14. Liens and assessmenLS of the NAMPA MERIDIAN IRRIGATIDN DISTRICT, and the rights, powers, and easements of said district as by law provided.. No search has been made Telephone No.. 466-7861 for more specific information. 15_ Rights and claims in and to that portion of said premises lying within the Ridenbaugh Canal right of way 16. Any adverse claim based on the assertion that the location of the Ridenbaugh Canal has moved. 17.. Ri.ghts and claims in and to that portion of said premises lying within the Linder Road right of way. 18.. Rights and claims in and to that portion of said premises lying within the Overland Road right of way. ( Continued) ~erican Land ~itleAssociation commitment Schedule B - Section 2 File Number: 0300016467 Commitment Number: 030D016Q67 SCHEDULE B - SECXrON 2 (continued) ~XCEPTIONS (continued) 19. Righcs of way for ditches, t\Ulnels, telephone and transmission lines constructed by authority of the United States, as granted to the United States under the provisions of Section 58-604 Idaho Code 1917. 20. An easement for pipelines fo;r- the transportation of oil, gas and the products thereof and incidental purposes in favor of PACIFIC NORTHWEST PIPELINE CORPORATION, a Delaware corporation, recorded September 15, 1955, as Instrument No. 383100, of Official Records- 21. Matters as disclosed by Record of Survey No. 4208, recorded March 26, 1998 as Instrument No. 9B027464, of Official Records, ~. n~3a:, Title ;a..1ii IJ4~<;?;r\:lIi'~ li'f l.n~I;;'~ 2Q9, l.LCj ;;1.9 &ii881s0Ge. 13y tl:Rai1f ap~liBa1!:'8R ffl4f> sillla iBE!\!r!'QRee. iaJ. .~.Ey 8f~ rooG:!.d :;;;91:;8 J .enou.FI1&>:!."2iilOG13 I -G:l.OO1llGiN;Ei 81" !l988"'8E1G1r~1 Q1.a.im~, Ii BU1P'V-ey 8ll'-oo i!!..!S]llc!':'d.er. ',e1:l.~6 ~'BE:leBe. :r ~ ~ landAmerica _ Transnation ADA COUNTY RECORDER J. DAVID N~VARRO BOISE IDAHO OS/28104 04:25 PM DEPlITY Bonnie OberolHlg REGORDED-REQUEST OF Trnnsnafion TIlle AMOUNT 9,00 3 .... . r II! 111/ III J ~J 11I111111111111I1111' III 1134067393 Escrow No. 0400D20256Jf~ WARRANTY DEED FOR VALUE RECEIVED ALLEN L. mIDDLES AND BEVERLY B. mIDDLES, husband and wife GRANTOR{s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: LINDER 109, LLC, an Idaho limited liability company GRAN1EES(s), whose current address is: 6223 the following described real property in Ada more particularly described as follows, to wit; SEE EXHIBIT "An ATIACHED (Continued) N Discover Way, Suite 100, Boise, ID 83713 County, State ofIdaho, TO HA VB AND TO HOLD the said premises, with ilieir appurtenam;es unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Granlee(s), filat Grantor(s) is/are the D....ner(s) in fee simple ofsuid premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subjcct to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and geneml taxes and assessments, (including irrigation and utility asscssments, if any) fDr the current year, which are not yet due and payable, and fun! Grantor(s) will warrant and defend the same from all JaVlfuI cl[lUns whatsoever. Date: May 27, 2004 (l)~4~ Allen ~. Puddles ~...LLl-"LIL... Vi. fJ J I ,..J ,J j ~ Bev~~ Notary Acknowledgment - see page 2 ~ ,.JNARRANTY DEED - NOTARY ACKNOWLEDGMENT(S); fa Public Residing at: My commission expires: p ~~ -- l, 1~9rld1al\, ldah~ CGIiI;,,,.:.:;ur, Gl:plreo:o ll.12.0:!l ,-"I' "un ..'".''' ..,.., \\..EE B 0 "i. .....". ..;;;.C .......... S'" '...... $ "" ..-. ..... ~ ":. : ~: -"OT Ai(' ,_ .. c:. -: _ . \..... or.... - . '" .. .. . .....- .. .. ~*: :*: :. ~ PUB\"'\(,: 2 -:. 11II. ._ ~ "'...... t..fl~ ... .....5.0"- ....... ......... ""'r.,. ."....... ~'- ....." <'. .r E OF I.\) .,~ "''''''' ,I.,..... ~ rt ,,*-1-"'" ;;. LEGAL DESCRIPTION (continued) '\ EXHIBIT"N PARCELl A portion of the Southwest quarter of the Northwest quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking 1he Southwesl corner of the said Southwest quarter of the Northwest quarter of Section 23; thence along the Southerly boundary of the said Southwest quarter of the Northwest quarter, South 89004'03" East 834.41 feet to an iron pin, said iron pin also being the REAL POINT OF BEGINNING; thence continuing along said Southerly boundary, South 89"04'03" East 498.83 feet to an iron pin marking the Southeast corner of the said Southwest quarter of the Northwest quarter of Section 23; thence leaving said Southerly boundary and along the Easterly boundary of the said Southwest quarter of the Northwest quarter. North 00"47'25" East 1316.72 feet to an iron pin marking the Northeast comer of the said Southwest quarter of the Northwest quarter of Section 23; thence leavIng said Easterly boundary and along the Northerly boundary of the said Soulhwest quarter of the Northwest quarter of Section 23, North 89009'14" West 985.89 feet to a point; thence leaving said Northerly boundary, South 32001 '29" East 269.97 feet to an iron pin; thence North 73D54'05" East 128-79 feet to an iron pin; {hence South 13"25'07" East 616.86 feet 10 an iron pin; thence North 89"15'17" West 157.5B feet to an iron pin; thence South 22008'10" East 574,21 feet to the POINT OF BEGINNING. PARCEL II An easement for Ingress and egress over and across the foJlowlng, as disclosed by Instrument No. 103137986; A portion of the Southwest quarter of the Northwesl quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BegInning at a brass cap marking the Southwest corner of the said Southwest quarter of the Northwest quarter of Section 23; thence along the Westerly boundary of Ihe said Southwest quarter of Ihe Northwest quarter, said boundary also being the centerline ofTen Mile Road, North 00"56'43" East 526,30 feet to a P K and washer; thence leaving said Westerly boundary and cenlerllne, South 89"15'17" East 25.00 feel 10 an iron pin on Ihe Easterly right-of-way of Ten Mile Road, said iron pin also being the REAL POINT OF BEGINNING; thence leaving said right-of-way and continuing South 89015'17" East 584.30 feel to an iron pin; thence South 22"OB'10" East 54.27 feet to an iron pin; thence North 89"15'17" West 605.58 feef to an iron pin on the said Easlerly right-of-way ofTen Mile Road; thence along said Easterly right-of-way, North 00056'43" Eas150.00 feet to the REAL POINT OF BEGINNING. ~ ~ landAmerica - _ Transnation :g~f~~A~J 1R0~~~~E~/4f:~D NAVARRO DEPUTY Ueava Haney . ft~~~~~:tnT~~UEST OF 1II111111111IlUjl!g~q!11II11l111IJ @ AMOUNT 12,00 4 @roWNO 0400021174 \.,.\P7 WARRANTY DEED FOR VALUE RECEIVED Freda L. Weast, Trustee of the ~reda L. Weast Family Revocable Trust GRANTOR(s), does(do) hereby GRANT, BARGAfN, SELL AND CONVEY unto; Linder 109, LLC -, an Idaho Limited Liability Company GRANTEES(s), whose current address is: 'lOB the following described real property in Ada more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED (Continued) sEagle Rd Ste l03 , Eagle, ID County, State of Idaho, 83616 TO HAVE AND TO HOLD the said premises, with \heir appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenanllo and with the said Grantee(s), that Grantor(s) is/arc the owner{s) in fee simple of said premises; that said premises are free from illl encumbrances EXCEPT 1l1OSC to which this conveyance is expressly m:lde subject and those :made, suffered or done by the Granlee(s); and subjeclto reservations, reslrictions, dedicntions, easements, rights of way and agreements, (ieany) of rccord, and gcnerallaxcs and assessments, (including irrigation and utility assessmenls, ifany) for Ule current year, which arc not yet due and payable, and that Grantor(s) will warrant and defend the same from n1l1awful claims whatsoever, Date: December 22, 2005 ~ ~~./! -uk.tf.4:1 ~ Freda L. Weast, Trustee Notary Acknowledgment - see page 2 WARRANTY DEED - NOTARY ACKNOWLEDGMENT(S): .J'In State of Idah~untY of Ada, 5S, On this ~ day of December in the year of 2005, before me, the undersigned, a Notary Public in and for said State, personally ap' a da L Weasl known or identified lo me 10 be the person(s) whose name(s) is/are subscribed to within ins ent, as Trustee of The Freda L_ Weasl Family Revocable Trust and ackno ledged to that hefsheJthe executed the same as Trustee. :\ot~.... 04 ~ 0....".."..".0 .t... ...... _~ <P .... U' ~ 'I' ".. o :\"gncf """:})" .. ~ ~ $ 0- \ A;~~O~ J~ ~~:L;.41 Oil .U <:1,\0 ,.... - ~l!!.or~. n yo ....... --<<q6l11lG4llUJlll LEGAL DESCRIPTION (continued) EXHIBIT "A" .$OJ' The Northwest quarter of the Northwest quarter, Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho EXCEPTING THEREFROM: Beginning at the Southwest comer of said Northwest quarter of the Northwest quarter; thence East along the South boundary of said Northwest quarter of the Northwest quarter to a point where the Ridenbaugh Canal intersects said South boundary; thence in a Northwesterly direction along the meander line of said canal to a point where said canal Intersects West boundal)' of said Northwest quarter of the Northwest quarter thence; South along West boundary of said Northwest quarter of the Northwest quarter to lhe POINT OF BEGINNING. AND FURTHER EXCEPTING THEREFROM: A part of the Northwest quarter of the Northwest quarter of Seclion 23, Township 3 North, Range 1 West oftha Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of said Northwest quarter of the Northwest quarter of said Section 23, which is lhe INITIAL POINT of this description; thence North 00"47'25" East 85392 feet along the East boundary of said Northwest quarter of the Northwest quarter to a point on the centerline of the Ridenbaugh Canal; thence North 63047'30" West 59.12 feet along said centerline; thence Norlh 73"37'07" West 15220 feet along said centerline; thence South 00"47'25" West 500.41 feel; thence South 65"40'32" West 276,09 feel; lhence South 00047'25" West 302.18 feel to a point on the South boundary of said Northwest quarler of the Northwest quarter; thence South 89009'14" East 450,00 feet \0 the INITIAL POINT of this description AND FURTHER EXCEPTING THEREFROM: A portion of the Northwest quarter of the Northwest quarter of Section 23, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of said Section 23, Township 3 North, Range 1 West of the Boise Meridian which is the REAL POINT OF BEGINNING; thence North 89047'10" East along the North boundary of said Section 23 a dislance of 301.75 feet lo a point; thence South 36"02'40" West a distance of 149..62 feet to a point; thence South 12"14'35" West a distance of 166.51 feet to a point; thence South 14"59'10" East a distance of 27394 feet to a point; thence South 27"06'30" East a distance of 330 77 feet to a point; thence South 12"13'20" West a distance of 138.68 feet to a point; thence South 4"23' West a dislance of 201.34 feet to a poinl; thence South 0026'45" West a distance of 111.80 feet 10 a point; thence (Continued) LEGAL DESCRIPTION (continued) North 22044'15" West a distance of 332.62 feet to a point; thence North 22006'10" West a distance of 141 89 feet to a point; thence tj,\;lrtI13;}o08'25" West a distance of 299 47 feet to a point on the West boundary of said Section 23; thence Norlh 000'10" Wesl along the West boundary of said Section 23 a distance of 60659 feet to the Northwest corner of said Section 23 and the REAL POINT OF BEGINNING. AND FURTHER EXCEPTING ditch and road rights-of-ways. SiZ,. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO) ) COUNTY OF ADA ) I, ....Ift/YJ ~ ,Z ..J tUJG7I (name) m0/LIO/~ (city) ) 51//1J tf"J9af){., &r: ( address) ::z:- O.4-h"t::? <;. C?..Pbc../;::< (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my pennission to: ~6~6ue.'P , %Z-e. ~V't::: Vtt', ctJk: (0 6F6~ (name) I ( address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant pennission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this BEl!. day of ,20 ,9(p SUBSCRIBED AND SW<DRN-rro,before me the a ~"V"""'1.'I~ ~'"'"l_ -.')',,- ~.. >,,::. '1>11'., ,~ t. - t'<'~ J:o,i::J~ .&10\. \. '" ~~ ~~.fJ';;~o' ~.~.> I'" jpCO'''~, , ,," ',\" '~~~, ~ 0 -..'\ .....'"" 1 /11-,\ 1; _, i.~ -:...0 g i ~ v __,~ .{F ~~i ~/t ~ :; -.)'!" R ~Q 0;:-....... ....~~.; ~ ~"~ ,(J ;; ~ ~ P -r! p~ ~ ~ ~. .~? ~~;l ~ " ......~....,,1- H _~ ~ ~' % .3 ~ <~<;:2~::2f:~:~>i (Notary Public for Idaho) Resid;ng at: A Ja- ~ I I D My Commission Expires: G:, - ;Lg- - () f AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO) ) COUNTY OF ADA ) I,. ~d~ ~~1i~tuRlfr.L Jt. \. .' j' (na e) ~!,J.J eLk.., (city) .., ck'2io~~,\Cll'1CL M . \c\n..h() (address) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: LCu1d Gr(~lp (name) , L-liPd. E:- 0Mre. Of" eOZJ \.e.. (address) to submit the accompanying application(s) pertaining to that property. 2, I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject ofthe application. 3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this Cl7f-h day of April ,20 ()Io ~ --- z::;...-- ---- (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ~~,~,....n...." ,,,.. ~'t'f Mil""" ...of..... ......... u~ '0:- :-~4c'~:IoJ · .... ~\ It..; "oT A~,.. \ . \ : _.-) i \cJloUB\.'v j " .0 0 .. "l. foP .0': ...... ~ ~ ........ 't:~..", "",,,.(1: OF \r> ,....".... '"''.'n....''' ~~~~ Residing at: /nJI/.;O~i Idaho My Commission Expires: +12 .'3/ 2f)/2 AFFIDAVIT OF LEGAL INTEREST ST ATE OF IDAHO ) ) COUNTY OF ADA ) I, ~"- . f;~ l['UPiliJ}i?i",y .' . (!la-me) rYlt /';/(11 n 11 (city) &')j~' bid~1hor-nLrl' ) (address) I at 1j (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and 1 grant my permission to: JJV. I Clr,d &n1)l;:;' (name) 410:;) e l")ty)yP Dr &tJl-t i Id (address) to submit the accompanying application(s) pertaining to that properly. 2_ I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject ofthe application" 3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this /51- day of SUBSCRIBED AND SWORN to before me the day and year first above written. \' ,,~ ~~~~- (Notary Public for Idaho) ~"1UlJflllI" t1S't\N S/I4;"'" ~ ......... J:s..~1, ... .. ~ ltlOT ARY\ \ . . ::, ~ : -.- : i = ~ . = '\ ... PUBliC l i \ to... .... .... 0 I i). -~ D...... t.....~ *' ~."t""'" .....r ..~ ;r,.." I t.: OF \V "".. 't"" 1JI1tI UI" \' ,\ Residing at: bo~c ) lb My Commission Expires: 717 101 ~ . ~ ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02117/05 12:51 PM DEPUTY Vicki Allen RECORDED-REQUEST OF Tille One AMOUNT 51.00 17 1111111111111111111111111111111111111 105019211 I~ . ACKNOWLEDGEMENT AL"iD CONSEKT The undersigned, Joseph R. Rice and Stacie Ric"e, husband and wife, being the purchasers of the real property described in Exhibit A att,~ched hereto (the "Property") do hereby aclmowledge, consent and agree to the following matters respecting said Property: , , , , 1. The Property is a portion of a larger parc~l: of property owned by Linder 109, LLC ("Se11er"), which said larger parcel of property is described in Exhibit B attached hereto ("Seller's Retained Property"). Seller intends to develop Sellers Retained Property into a residential subdivision entirely surrounqing the Property with building ]o~ 'of such size and of such density, as the Seller or ~ts successor in interest may determine are appropriate (the "New Subdivision"). In otd:er to do so, Seller will seek to have Seller's Retained Property and the Property annex~d into the City of Meridian, rezoned to a residential zone designation, and platted as:a residential subdivision. In furtherance thereof, the undersigned covenant and agree that (a) the undersigned shall cooperate with Seller in making such applications as may be required in order to obtain approval for such annexation, rezone and subdivisioIl,:, plat from sJlPh governmental agencies as may have jurisdiction thereof, which said cooperation sha.11"""include but not be limited to the execution of any all applications and other instruments as may be necessary to effect the contemplated annexation, rezone and. 'supdivision plat; and (b) the undersigned shall not, in any manner, directly or indirectly, oppose Seller's efforts to obtain governmental approvals for its contemplated annexation, rezone and subdivision development, nor shall the undersigned lend any support or assistance to any other persons or entities that may oppose or seek to oppose Seller's contemplated annexation, rezone or subdivision development. 2. In connection with the development of the' New Subdivision, the SeIler will 'annex the Property and Seller's Retained Property irito the city limits of the City of Meridian, will execute a development agreement with the City of Meridian containing such ten;ns, provisions, covenants, ,conditions and restrictions as Seller may determine are appropriate, and have the Property and Seller's Retained Property rezoned to a residential zone as the Seller may determine is appropriate. '. Jlhe undersigned specifically acknowledge and agree that the Property is to be annexed into the City of Meridian, will be rezoned to a residential zone as determined by the .S~lIer and will be subject to a development agreement acceptable to Seller and that th~ undersigned will execute any and all documents and instruments, including applicatiori~ and a development agreement as and when requested to do so by the Seller. 3. In connection with the development of the:'New Subdivision, the Property and the. Seller's Retained Property will be platted pursuant tb the provisions of the zoning and subdivision ordinances of the City of Meridian and a plat prepared and recorded containing such terms, provisions, covenants, conditions~ resr.rictions and easements as Seller shall determine are appropriate, including easements for utilities and other purposes. The undersigned specifically acknowledge and, agree that the Property shall be included as a lot in the New, Subdivision and shall be sllbj"ect to the plat thereof and all -~. f Acknowledgement and Consent - page 1 tenus, provisions, covenants, conditions, restrictions and easements set forth thereon and that the undersigned will execute the plat as and when requl'Sted to to so.by the Seller. 4. As a part of the development of the .::{ew Sub~vision, the Seller's Retained Property and the Property will be made subject to such rdstrictive covenants as the Seller may determine are appropriate, which restrictive covfnants will establish, among other provisions, (a) use and building restrictions on I the Property; (b) a homeowners association composed of lot owners, whiC;h, homeo~ners association will have the power to levy and collect assessments agail;lst the lotr and owners in the subdivision; and (c) an architectural review committee ,~aving thetpower to review and approve the construction of any improvements in the subdivisi9n. It is specifically acknowledged that the Property will be subject to any restrictive corenants as Seller may determine are appropriate (provided, however, that the Prop'erty wil~ not be subject to any homeowner association asse~sments. for so long. as the ,i ~der5ilpled are the o\vners thereof), and that the underslgned wIll execute sald restrl:ctlVe covenants as and when requested to do so by the Seller. ' 5. Upon construction of the New SUbdivisi9n, the jundersigned will be required to connect the residential dwelling located on ~re Propertr to municipal sewer and water service at the expense of the undersigned, which expenses wi}] include the actual cost of construction and installation of the said connections ad.d the payment of any and all fees required therefore. The undersigned. specificaI~Y aclmowledge the requirement contained in this paragraph and shall take all actiqns and pay all fees required in order to do so when requested by the Seller or the City o.f!Meridian. 6. The Property consists of a total of five (5) acres, rJ,... (4) acres of which are within the boundaries of the Nampa and Meridian Irrigation D+trict's Easement for the Ridenbaugh Canal. The undersigned covenant and agree to reCQ!nvey to the Seller all of that portion of the ~roperty, contained within the said, Easement, as more particularly described on Exhibit C attached hereto, by the execution and de ivery to Seller of a standard form warranty deed therefor, when requested to do so by e Seller prior to the recordation of a fmaL plat of the subdivision containing the Property, the consideration for which shall be the swn of ten dollars (S10.00), the sufficiency of which is hereby aclmowledged. .' , ,I ' 7. Access to the Property is provided by a temporary easement across the Seller's Retained Property in the location of an existing rOaOway, as defined in Exhibit A attached hereto. The undersigned specifically acknowledge and agree that the said easement shall be automatically terminated and vacated upon the completion by Seller of a public road providing access to the Property and the dedication thereof to the public. The undersigned does hereby covenant and agree to ,'execute such instruments and documents as may be required to terminate and vacate th~ Said easement when requested to do so by Seller upon dedication of such a public road, .: i 8. No sale of the Property shall be made by the undersigned to any persons or entities, except pursuant to this paragraph. If the unders.igned desires to sell an or any "I ~ Acknowledgement and Consent - page 2 portion of the Property to a third party purchaser at any time within the earlier of five (5) years from the date that the undersigned closes the pur~h~se of the Property from Seller or before the recording of a final subdivlsion plat containing the Property, the undersigned shall obtaip. from such third party purchaser a bona fide written offer to purchase the Property staring the terms and conditions upon which the pm'chase is to be made and the consideration offered therefore, togvther with a signed statement substantially in the form attached hereto as Exhibit D acknowledging the provisions of this Acknowledgment and Consent and agreeing to be bound hereby. The undersigned shall give written notification to the Seller, by 'certified: mail or personal delivery of its intention to so sell the Property, furnishing to the Sener <t copy ofthe said written offer to purchase, together with the said signed statement. The unpersigned shall also provide to Seller such information as Seller shall reasonably requ~st verifying said third party purchaser's ability to perfonn under the said offer to pu~chase. The Seller shall have the right to elect to purchase the property at the same price and on the same terms as are contained in the said written offer to purchase the Property, which such right shall be exercised by the Seller by giving written notification to the. W1dersigned, by certified mail or personal delivery of its intention to do so within .thirty (30) business days after receiving written notice from the undersigned. In the event the Seller gives written notice to the undersigned of its desire to exercise this right to purchase the Property, the Seller shall have the right to designate the time, date and place of dosing, provided that the date of closing shall be the earlier of (i) sixty (60) calendar days after delivery of written notification from the Seller of its intention so to purchase, or (ii) the date set forth for closing in the said written offer to purchase. 9. The undersigned do hereby agree to make, constitute and appoint James L. Jewett as their true and lawful attomey-in-fact for and in their name, place and stead and for their use and benefit for the limited purpose of the execution of any and all instruments and documents as may be required to be executed by the undersigned for any of the purposes set forth in this Acknowledgement and Consent. The undersigned shall give and grant to the said attorney-in-fact full power and authority to do and perform each and every act and thing whatsoever requisite and necessary to be done in order to complete, perform and fulfill all of the provisions, covenants and agreements set forth in this Aclmowledgement and Consent as fully as the undersigned might or could do if personally present, and the undersigned shaU ratify and cortfirm all that said attomey-in- fact shall lawfully do or cause to be done in that respect by virtue of the appointment set forth in this paragraph. The appointment shall not be terminable or revocable for so long as the Property shall be held in the names of the undersigned. At tbe closing of the transaction contemplated herein, the undersigned shall 'deliver a Special Power of Attorney to Seller in the form attached hereto as Exhibit E. ' 10. All disputes arising under this Acknowledgment and Consent shall be finally determined by arbitration pursuant to the applidtble Rules of the American Arbitration Association ("AAA"). Arbitration may be commenced by either party by filing a demand for arbitration with the AAA. Disputes subject to this paragraph include any cause of action whether arising in tort, contract, statute, or otherwise. The exclusive venue for all proceedings conducted under this paragraph shall be Ada County, Idaho. AclalOwledgement and Consent - page 3 1 L All of the provisions oftms Acknowledg~rn,ent and Consent, including the benefit~ and burdens hereof, run with the lands describ'ed herein and are binding upon and inure to the benefit ofthe Seller and the undersigned and their respective successors, assigns, heirs and personal representatives. IN WITNESS WHEREOF, the undersigned have executed this Aclmowledgement and Consent on the It{ -tt---day of bruary,2005. I. aLe~'P-- STATE OF IDAHO ) (\ J 55. County of J1Uu. ) On this ~day of January , 2005, before me, a Notary Public in and for said State, personally appeared Joseph R. Rice and Stacie Rice, husband and wife.. mown to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. ol"IU.""., to'l>.' ," _ ........to CLIFF'O I" ........ .~ t>... ....... If ^ '.... ..... ""=;:L"".. .. (j , ~ ~ ..- ... \. ~Q;;. ~r\RY. ~ :~: 0 ..: : ~: ~ .' : = : : '" v: e :. ~,.o:: .. · p U <1 Y ........ _. .v .~. ~ -:... ........ .... #,.l ..",~,~ ~, J>l' ........ \. v...... "'#j# A TE O'? ..to...... ""..un'l'l>' Acknowledgement and Consent -: page 4 Exhibit A, Property to be Sold to Rice Acknowledgelnent and Consent - page 5 Feb'OS 05 1l:47a Darren Leav 208-938-7321 p.2 ARRHN W ,ii-rO[f WI;...... .Q. · land Surveying, Inc. GPS. BOUNDARY, TOPOGRAPHIC AND A.L.T.A. SURVEYS CONSTRUCTfON STAKfNG 3D SCANNfNG 1121 E. State Street · Suite lfJ5 · Eagle, Idaho 83616 · office: 1~2"8-939~7373 · fax: 1-268-939-7321 Job No. 2004875 J.B.f. 11-12-04 (revised 2-8-05) LEGAL DESCRIPTION FOR JIM JEWETT OVERLAND PROPERTY NORTHEAST Part of the . ~!4 ofSeetion 23, Township 3 North, Range 1 West ofrhc Boise Merjdi~m. Ada County, Idaho described as: Commencing at the North ~ comer of Section 23, Township 3 North, Range I West of the Boise Meridian, Ada County, Idaho and running thence SoolO'24"W 1 125.15 ~eet along lhe center North-South line ofsaid section to a point on a curve locating the celiterline of Ridenbaugh Canal (said point also being the POINT OP BEGINNING); thence tllong said centerline the following six (6) courses: (I) thence Southerly 131.02 feet along said curve to the right (curve data: Radius=150.00", Delta=50"02'39", Chord Bearing and Distance=S28057'04"E 126.89 feet); (2) thence S03055'44"E 414.91 feet to a point on a curve; (3) thence Easterly 167.39 feet along said curve to the left (curve data: Radius=70.00' Delta=137000'42", Chord Bearing and Distance=S72026'05"E 130.26 feet); (4) thence N39003 '34"E /4J.0 I feet to a point on a curve; (5) thence Easterly 232.80 feet along said curve to the right (curve data: Radius-BO.OO', Delta=102036' 12", Chord Bearing and Distc'll1ce=S89038'20"E 202:92 feet); (6) thencc S38020' 14"E 253.41 feet; thence NOOo 11'1 S"E 96.33 feet: thence S38Cl20' 14"E ]91-26 feet to a point of curve; thence Southerly 467.12 feet along said curve to the right (curve data: Radius=360.QO', Delta=74D20'42", Chord Bearing and Distance=SOI "09'53"E 435.04 feet); thence S36000'28"W 34.82 feet to a point of curve; thence Southerly 84.45 feet along said curve to the left (curve data: Radius=90.00", Delta=S3"4S'48", Chord Bearing and Distance=S09"'07'34"W 81.38 feet); thence 817"45'20"E 110.54 feet to a point of curve; thence Southerly 62.89 feet along said curve to the right (curve data: Radius=21O.00" Delta=J 7"09'30", Chord Bearing and Distance=S09Cll O'35"E 62.65 teet); thence N89Cl30'OrW 120.05 feet to a point on a curve; thence Northerly 24.66 feet along said curve to the left (curve data: Radius=90.00', Delta=15Cl41 '50", Chord Bearing and Distance=N09054'25"W 24.58 feet); thence N I7"4S'20"W 1 1 0.54 feet to a point of curve; thence Northerly 197.05 feet along said curve to the right (curve data: Radius=21 0.00', DeJta=53"45'48", Chord Bearing and Distance=N09"07'34"E 189.90 feet); thence N36"OO'2S"E 34_82 feet to a point of curve; thence Northerly 1 87.44 feet along said curve to the left (curve data: Radius=240,OO', Delta=44044'51", Chord Bearing and Distance=N13D3S'03"E 182.71 feet); thence S6604S'04"W 172.00 feet to a point on a curve; thence Northwesterly 52.12 feet along said curve to the left: (cun'e data: Radius=IOO.OO', Delta=29051 '35", Chord Bearing'and Distance=N 130 18'22"W 51.53 feet); thence N28D(4'09"W I 14.85 feet; thence N63037'5S"E 160.48 feet; thence N38020' 14"W [:oJ Feb OS 05 11:47a Dar-r-en Leav 208-939-7321 p.3 304.34 feet to a point of curve; thence Westerly 125.35 feet along said curve to the left (curve data: Radius=70.00', Delta:;l 02036'12", Chord Bearing and Distance=N 8903 8'2D~'W 109.26 feet); thence S39l>03'34"W 141.01 feet to a point of curve; thence Southwesterly I J 5.97 feet along said curve to the right (curve data: Radius= I 30.00', Delta=51 006 '50", Chord Bearing and Distanceo::S64036'S9"W 1 12.17 feet); thence N89048'36"W 161.26 feet; thence NOOo 10'24"E 649.69 feet to the point of beginning. Parcel contains 5.13 acres SUBJECT TO: An ingress...egress access easement that lies within the Northeast % QfSection 23, Township 3 North, Range I 'West of the Boise Meridian, Ada County, Idaho described as follows: Commencing at the North Y.. corner of Section 23, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho and running thence SOo01 O'24"W t 125,15 feet along the Center North-South line of said section to the POINT OF BEGINNING; Thence Southeasterly 80.98 feet along a curve to the right (curve data: Radius=150.00>, Delta=30056'02'" Chord Bearing and Distance=S38030'Z2"E 80.00 feet); thence SOoolO'24"W 587.23 fee~ thence N89048'36"W 50.00 feet; thence NOool O'24"E 649.69 feet to the point of beginning. --,"-~..'~._~ ~ ...-<"";. : ;'1; "-. J'" .:'r'........t\i~t... '..41FIJ,,.... "\.... __ ( .;~~"\.".)~:::;:;:;--...;- <~ "'. // .. /,:::;f'.,,_'(''0.\~' ,.if:1l;I:-........ ~'<V. . ~L/' "I A ~ .--.' '"' ,*",. , /'0 '- -;!~ry'. .., I "~,'- ".r- I .'/. N';,,.{ .j/~!r-- >1.. _~;/;r" '.. ~......... (.1 {dr"'1 V";,..,,-- v..... ~~'Vt.;' .'~ t~: { .:.:' ::'.:; .:. ". ::~ ~ '::,' . \ '.:.f. ~J or;' ..\ " - I , \. :::..;:...- ~-;> .t..~,: l.. -C}",.r""'ft.,....... ..<~.:.... ~i \, ,rA'.:~ ~~,:: 1..\:.\.: ...;r;: <'-'::~~"4;i":> ;:." -, "'-. [x] Exhibit B Seller's Retained Property All lands owned by Linder 109, LLC and located within Section 23, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho Acknowledgement and Consent - page 6 Exhibit C Property to be Re-conveyed to SeHer Acknowledgement and Consent - page 7 Darren Leav 208-939-7321 p. 1 land Surveying, Inc. GPS, BOUNDARY, TOPOGRAPillCAND A.L.T.A. SURVEYS CONSTRUCTION ST.A.K:rnG 3D SCANNING 1121 E. State Street · Suite 185 · Eagle, Idaho 83616 · office: 1-288-939-7373 · fax: 1-268-939-:7321 Job No. 2004875 J.B.F. 11-12-04 (revised 2-14-05) LEGAL DESCRIPTION FOR JIM JEWETT OVERLAND PROPERTY NORTHEAST Part of the 'l4 of Section 23, Township 3 North, Range I West of the Boise Meridian, Ada County, Idaho described as: Commencing at the North 114 corner of Section 23, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho and running thence Sool 0'24"W 1125.15 feet along the center North-South line of said section to a point on a curve locating the centerline of Ridenbaugh Canal (said point also being the POINT OF BEGINNING); thence along said centerline the foHowing six (6) courses: (1) thence Southerly 131.02 feet along said curve to the right (curve data: Radius=150,OO". Delta=50002'39'', Chord Bearing and Distance=S2805T04"E 126.89 feet); (2) thence S03055'44"E 414,91 feet to a point on a curve; (3) thence Easterly 167.39 feet along said curve to the left (curve data: Radius=70.00' Delta=137000'42", Chord Bearing and Distance=S 72026' 05"E 130.26 feet); (4) thence N3 9003 '34"E 141 .0] feet to a point on a curve; (5) thence Easterly 232.80 feet along said curve to the right (curve data: Radius-130.00', Delta=1 02036'12", Chord Bearing and Distance=S89038'20"E 202.92 feet); (6) thence 538020' 14"E 253.41 feet; thence NOOo 11' 15"E 96.33 feet; thence S38020'14"E 191.26 feet to a point of curve; thence Southerly 467.12 feet along said curve to the right (curve data: Radius=360.00', Delta=74020'42", Chord Bearing and Distance=S01 o09'53"E 435.04 feet); thence S36000'28"W 34.82 feet to a point of curve; thence Southerly 84.45 feet along said curve to the left (curve data: Radius=90.00" Delta=53045'48", Chord Bearing and Distance=S0900T34"W 81.38 feet); thence S 17045'20"E ] ] 0.54 feet to a point of curve; thence Southerly 62.89 feet along said curve to the right (curve data: Radius=210.00', Delta=17009'30", Chord Bearing and Distance=S09010'35"E 62.65 feet); thence N89030'07"W 120.05 feet to a point on a curve; thence Northerly 24.66 feet along said curve to the left (curve data: Radius=90.00', Delta=15041' 50", Chord Bearing and Distance=N09054 '25"W 24.58 feet); thence NI7045'20"W 110.54 feet to a point of curve; thence Northerly 197.05 feet along said curve to the right (curve data: Radius=2 1 0.00', Delta=53045'48", Chord Bearing and Distance=N0900T34"E 189.90 feet); thence N36000'28"E 34.82 feet to a point of curve; thence Northerly 31 1.42 feet along said curve to the left (curve data: Radius=240.00', De Ita=7402 0' 42", Chord Bearing and Distance=Nl 009'53"W 290.02 feet); thence N38020, 14"W 369.31 feet to a point of curve; thence Westerly 125.35 feet along said curve to the left (curve data: Radius=70.00', Delta==] 02036' 12", Chord Bearing and Distance=N89038,20"W 1 09.26 feet); thence S39003'34"W 141.01 feet to a point of curve; thence Westerly 310.87 feet along said r-ep .L4 Uti 06: 13p Darren Leav 208-939-7321 p.2 curve to the right (curve data: Radius=130.00', Delta=137000'42", Chord Bearing and Distance=N72026'05"W 24l. 92 feet); thence N305 5' 44"W 414.91 feet to a point of curve; thence Northerly 13.23 feet along said curve to the left (curve data: Radius=90.00" Delta=go25'31", Chord Bearing and Distance=N8008'29"W 13.22 feet); thence NOOo 10'24"E 1 02,06 feet to the point of beginning. Parcel contains 4.15 acres SUBJECT TO: An ingress-egress access easement that lies within the Northeast 1;4 of Section 23, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho described as follows: Commencing at the North Y4 corner of Section 23, Township 3 North, Range 1 West of the Boise Meridi~ Ada County, Idaho and running thence SODa lO'24"W 1125.15 feet along the Center North-South line of said section to the POINT OF BEGINNING; Thence Southeasterly 80.98 feet along a curve to the right (curve data: Radius=150.00" Delta=30056'02''. Chord Bearing and Distance=S38030'22"E 80.00 feet); thence SOoolO'24"W 587.23 feet; thence N89048'36"W 50.00 feet; thence NOool O'24"E 649.69 feet to the point of beginning. Exhibit D Statement of Acknowledgment by Third Party Purchaser Acknowledgement and Consent - page 8 STATEMENT OF ACKNO\\1J...EDGEMENT The undersigned, j'o&e\>" R ~ c.~ ~ S:. -\.a(..~ R~ Ge, being the purchasers of the real property described in Exhibit A attached hereto (the "Property") do hereby acknowledge that they have been provided a copy of and have read and understood the Acknowledgement and Consent dated February _, 2005, recorded on as Instrument No. records of Ada County, Idaho, a copy of which is attached hereto as Exhibit B, and agree to be bound by the provisions thereof, including each and every covenant, condition and restriction contained therein, in the same manner and with the same effect as if they were parties thereto. IN WITNESS WHER&QF, the undersi.s.ned have executed this Statement of Acknowledgment on the ~ day of t!2J2 , ~D<J5. ~~T2- STATE OF IDAHO ) (\ \ ss. County of )"1(1 (). ) On this J wt day of , ;JtiJ s: before me, a Notary Public in and for said State, personally appeared ~~ c:.€- 'oj.. ;\-Q c R. \" "e , !mown to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. "...,I'al....."...; ".., CLIF'"' i,. .... _" "0 II .Ji' ,VP. ........ I?..;o,'" ~..~.. .' ... v ~ ",. ... ..... ".' ~.. ........R \;.. ~ :: ;'!l';!I Q) ~ (" · .. i^~.: ~SPt\k) :'. i ~ ~ .~ ~ i ;- .... . ..:\ ."0 :,1: ':. eo' PU'9Y' . Iii" . :~ .. .. ...Jj~<';;',~ ':. .JfI'<.~"""'i""" ",. '.-, ..',,"':. ~ ...... oF \ P to .........~~-I~....'"~ ;, '1'1' (1~" .~.. '~I. i "",,-, "".......11111'.. /) Aj Ji;I Notary Public fot: Idaho Residing at J\II e j' ; c\i C\ Y\ , Idaho My Commission Expires: to '- I B-, \ 0 Statement of Acknowledgment Page 1 of3 Exhibit A Legal Description of Real Property Statement of Acknowledgment Page 2 of3 Feb 09 05 11: 47a Darren Leav 208-939-7321 p.2 ARRH'w Land Surveying, Inc. GPS, BOUNDARY, TOPOGRAPHIC AND A.L.T.A. SURVEYS CONSTRUCTfON STAKfNG 3D SCANNlNG 1121 E. state street · Suite 1.S · Eogle# Idaho 83616 · office: 1.2"8~939~ 7373 · fax: 1-268-939-7321 Job No. 2004875 J.B.p. 11-12-04 (revised 2-8-05) LEGAL DESCRIPTION FOR JIM JEWETT OVERLAND PROPERTY Part ofth~ORTHEA~ of Section 23, Township 3 North, Range 1 Wcst of the Boise Meridian. Ada County, Idaho described as: Commencing at the North 'h comer of Section 23, Township 3 North, Range I West of the Boise Meridian. Ada County, Idaho and running thence Sool O'24"W 1125.15 teet along the center North-South line of said section to a point on a curve locating the cel'iterline of Ridenbmlgh Canal (said point also being the POINT OF BEGINNING); tl1ence along said centerline the following six (6) courses; (1) thence Southerly 131.02 feet along said curve to the fight (curve data: Radius=150.00", Delta=50"02'39"'. Chord Bearing and Disrnnce=S28057'04"E 126.89 feet); (2) thence S03"55'44"E 414.91 feet to a point on a curve; (3) thence Easterly 167.39 teet along said curve to the left (curve data: Radius=70.00' De!ta=l3rOO'42", Chord Bearing and Distance=S72"26'OS"E 130.26 feet); (4) thence N39003'34''E /41.01 feetto a point on a curve; (5) thence Easterly 232.80 feet along said curve to the right (curve data: Radius-130.00', Delta=102036' 12", Chord Bearing and Distance=S890J8'20"E .20i92 feet); (6) thence S38020'14"E 253.41 feet; thence NOQo 11' lS"S 96.33 feet~ thence 538"20' I 4"E 19! .26 feet to a point of curve; thence Southerly 467.12 feet along said curve to the right (curve data: Radius==360.QO', Delta=74020'42", Chord Bearing and Distance=SOI o09'S3"E 435.04 feet); thence S3600Q'28"W 34.82 feet to a point of curve; thence Sourherly 84.45 feet along said curve to the left (curve data: Ra.dius:=:90.00', Delta=53045'48'>, Chord Bearing and Distance=S09007'34"W 81.38 feet); thence S17045'20"E 110.54 feet to a point of curve; thence Southerly 62.89 feet along said curve to the right (curve data: Radius=21 0.00'. Delta=] 7009'30'" Chord Bearing and Distance=S090 I O'35"E 62.65 feet); thence N89030'07"W 120.05 feet to a point on a curve; thence Northerly 24.66 feet along said curve to the left (curve data: Radius~O.OO', Delta=15041 '50", Chord Bearing and Distance=N09054'25"W 24.58 feet); thence N 1704S'20"W 110.54 feet to a point of curve; thence Northerly 197.05 feet akmg said curve to the right (curve data: Radius:=:2 to.OO', Delta=53045'48", Chord Bearing and Distance=N09007'34"E 189.90 feet); thence N360QO'28"E 34.82 feet to a point of curve; thence Northerly 1&7.44 feet along said curve to the left (curve data: Radius=240.00" Delta=44044'51 ", Chord Bearing and Distance=NI3038'03"E ) 82.71 feet); thence S66045'04"W 172.00 feet to a point on a curve; thence Northwesterly 52.12 feet along said curve to the left (curve darn: Radius= 100.00', Delta=29051 '35", Chord Bearing-and Distance=N 130 18'22;'W 51.53 feet); thence N280I4'09"W 114.85 feet; thence N6303T58"E 160.48 feet; thence N38020' 14"W [xl Feb 09 05 11: 47a Dal""l""en Leav 208"""'939-7321 p.3 304.34 feet to a point of curve; thence Westerly 125.35 feet along said curve to the left (curve data: Radius=70.00'. Delta=] 02036' J 2", Chord Bearing and Distance=N8903 8"20~'W 109.26 feet); thence S39"'03' 34"W 141.01 feet to a point of curve; thence Southwesterly I J 5.97 feet along said curve to the right (curve data: Radius=130.00" Delta=:51 006'50", Chord Bearing and Distance=:S64036'S9"W ] J2.17 feet); thence N89048'36"W 161,26 feet; thence NOOo IO'24"E 649.69 feet to the point of beginning. Parcel contains: 5.13 acres SUBJECT TO: An ingress~egress access easement that Jies within the Northeast % of Section 23, Township 3 North, Range I West of the Boise Meridian, Ada County, Idaho described as follows: Commencing at the North l/.; corner of Section 23, Township 3 North, Range I West of the Boise Meridian, Ada County, Idaho and running thence 500010'24"W 1125.15 feet along the Center North-South Hne of said section to the POINT OF BEGINNING; Thence Southeasterly 80.98 feet along a curve to the right (curve data.: Radius=ISO.OO'. Delta=30"56'02", Chord Bearing and Distance:=S38030'22"E 80,00 feet); thence SOOD{o"24"W 587.23 feet~ thence N89048'36"W 50.00 feet; thence NOQO] 0'24"E 649.69 feet to tJle point of beginning. , - ""-::;;~::~~''''::~:li/;>..,,, ( /",'\;~\~~':~:-~.,:g~.>._. /---. , . ~ " <r.I)\" J .'17:)1:' "....""V " 1..1, / '., ) , ".' '," ,. .. -."\. -:1'd I f.VJ..~,( ". J /-rJ ~.~" ~ ~ ~. r ,. ," ... .. p ( I "d'f>..(;J!.-!/>.- {,- or- -7'r, -. ~0 {'\...A. lP : .,.; " ..... ._ -"~ .,-,.~uv - t~~: ~ .". :+~~; ::' ~~.:~ t;;~' \ ':. c: ~.1 r,/ .... ,.- 1 ":. ~\~:::~'-.;.""::' -c...l~./ \~~1~~-"'>;-~ ["J Exhibit B Acknowledgement and Consent Statement of Ac101.owledgment Page 3 of3 I i I ! i I J i I i I I I 1 I i i I ! SPECIAL POWER OF ATTORNEY The undersigned, Joseph R. Rice and Stacie Rice, husband and wife, do hereby make, constitute and appoint James L. Jewett as their true and lawful attorney-in-fact for and in their name, place and stead and for their use and benefit for the limited purpose of -\ the execution of any and all instruments and documents as may be required to be executed by the undersigned for any of the purposes ,€.et forth in that certain Acknowledgement and Consent dated February ~, 2005, recorded on Q!,j{fJ'5: as Instrument No. /P.s"YJICfd.-11 , records of Ada County, Idaho, a topy of which is attached hereto as Exhibit A. The undersigned do hereby give and grant to the said attorney-in-fact full power and authority to do and perfume each and every act and thing whatsoever requisite and necessary to be done in order to complete, perform and fulfill all of the provisions, covenants and agreements set forth in the Acknowledgment and Consent attached hereto as fully as the undersigned might or could do if personally present, and the undersigned hereby ratify and confirm all that said attorney-in-fact shall lawfully do or cause to be done in that respect by virtue of this appointment. 1bis appointment shall not be terminable or revocable for so long as the property described in the Acknowledgment and Consent attached hereto shall be owned by or held in the names of the undersigned. IN WITNESS \\JjlEREOF, the undersigned have executed this Special Power of Attorney on the J~T' day of February 2005. ~-p ce .~ Special Power of Attorney Page 1 of3 I I I I I I I i i I I STATE OF IDAHO County ofAdl1 ) ss. ) On this J4~ay of fe,~ ' ~OOf before me, a Notmx Public in and for said State, personally appeared ~ p h ~ (.. ,,~-H:t c 1 e. K tc, e... ,known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same ( SEAL) dun."..." ~"" -. I '" "~~.,,CL FF'O "', ,:; .* ........ '.-? ^ " ..~,'t'- ... ..."V -:. .. l'\.. . ." ..' ."''' n:" A. R y. ~ =-.::c: o~ e. ': -E-i.~. 0''' .. . "\,- .., .- : : .-rO ",: : . 6 \.." :. ... p U ~ \.0 .. 0:: ~ -. . .~ ~ ~ .. , .. ,.-- , -. .. ~ ~ .., <.Ph ........ \:\) .... "" ~..-1 1'E of ,...... """'uu.""" Special Power oj Attorney Page 20J3 SouthRidge Subdivision Vicinity '-...."- G' '.' r;= ==1 '.' -' ~I I I I '11 T JILL-Ik_1--- /\ 1\1/\/'\ f- .. '. .... "r::: .'./'1 ......... L..iJ ". .... ". .. . . ". .. I Vii \ I ~lIr J. "~~~ . .,)~ ~......... .'. ~ (.. j;;;;;e ............~ .............~~ ~ '.' .. ~'.'.' 1....... o~ v lR.' ~.- ~~ . \ Ie ..... (z - I---; ... ...... .... ." ...... . . ......... '""7 ~i --: . '. '.. · ......1 .. ---\ ...... ........... ...... ...' I. \. ...... ..... .....................,...... ....1 '. K .................. .. .. ". ~ ,"""'.... .... .... I ,_' ..................... r-\..'-\ I... )..1.......... ..~ . ."L '-'-' .. / '.. ~L .. '. .. 1 ~ "" '" . . '1' . in. I> ". v . . ". I . fl....... \ C. ~...... .............. I ...'."'.. ". ........./ .......'. .......... / ....... ..... .' '. ... I I.,............... r:- \c- ........ ~..' .................. ..1 \ .... '.. .... L '>-....... I..' .... ......'---......1 .., .........>~..... 1 .......... ............. ..... '." ,..... ....1// '.. ......\- .._'~ .... 1~7 . 1--- I CJ ............'- -c- .' -.....: .l, H....... '. ~ ~~" ~'~,~ ........... ....... \ '" '. ""'-, ik . ........... '. l(f"~ /, '.,. .... ....... '. '= ..~ ..... i ~ " '.' '. 1\ .... l-.. I J. \J); TO; - y 41 t'-.< ~ i- ~ U L . / 1--- iJtet~ER fiE0. Y--RT.ID . . .' ........ ..' ....... , .' >> " , . '. III '\. ....... . .. 'rl. . . '\.. , '0(. T"-. .... N SCALE 1 : 14,507 ~ """'" ~ I I 1,000 0 1,000 2,000 FEET I 3,000 A PRE-APPLICATION MEETING NOlES DATE: S'-IB-~<' Applicant(s): '1' l.)" k1JT~ff:r;sG5 Engineer! Architect/Planner: SkIm,,! .-".qc'OOe", Staff: Cra.1r , Proposed Development: Location: ~~ c. LMdu 1),1\'" D tlU ~^VJ. 'ltoMlS Re9.u~ed Ap:plications: k'L, e f j ( 0 f . E:nstmg Zonmg: ellT" ProposedZonmg:~e. Comprehensive Plan Designation: 1!\\.eJ. ~\I tJ\>. OM":~ Re~,,~*",-I! lI\\.~-{( cl-H'>(: 1(\,.(... For Plats Property Size: lS 0 OI.Gt'i.S Number of Units: tirt.. Dwelling Type~1N\. Sewer: NOT A'I! /'rrLIV3LG Water:' CLO$~ ~ rW*- "" ~H"lole........ Pressurized Irrigation: et!~~ -k> e<o\.Gh. lo* Street Buffer" ZS '..VI :;!:4l';' ~<'I.~ Open Space & Mi crop aths: "H:-lj o..~ ""(M'lJ'- ~~~r'\.bo..ujV\ LIl\V'\I\\ Landscape Plan: lfe..i {- Lot Size & Frontag;e: , Topography: - Hydrology: - Street System: Pathway System: Other Applications Annexation -o\o--r~ 1 T~c.... vI( ,Nl.....v ~}{JL ("'tit- "rltA.rW 'fe-i) Rezone 'Conditional Use Permit Variance Lot Line Adjustment Comprehensive Plan Amendment ~ 1V\()v-L V\e~~'no-l'~Grlb:. (~'~~f - b.R.~~Wot~(rI\ · Application Checklist Review Other Agen~ies t? <;;ontact: ?Dh-(.~ Lll{ VeA r~l\t'\il.L~ \-0 f.o",,~ Additional Preapplication Conference: Not'recommended Recommended l' . Requited Anticipated Submission Dat~: Anticipated Planning & Zoning Date: Addi~ona1 Note::~-1i' ~.;.~ ",..:\,ldt - r'\\ul.k~\ e. n\p\.~ l~ ye-'J i'f V. The information provided during this meeting is based upon the currnm1Z6iI!PgdEt.tIeridi Subdivision Ordinance and applicable Comprehensive Plan and is valid for 3 months. Any subsequent changes to the Zoning or Subdivision Ordinance or Comprehensive Plan may affect your application. PRE-APPLICATION MEETING NOTES Applicant(s): ~ cT &.4t~J ~C,6 Engineer/Architect/Planner: (v~..... ~:\t!'i Staff: Crt\. 0 ~t)ti, M'f\fA [lflh'l '''''I VVI;\4.., (i(G I ( .r? "'}_a.,'< j Proposed Development: L 7 L "'^ '; jet)- - use.- ct ~~fDJo.. ~ . Location: {/\Ia.C\(A~ 6\11\0. L~~ Re9~ed Ap~lications0"V'\l.'1.'fA~'-"^ "( 70v\~) C')N_~~I,~ \ ~ uP EXlStillgZo1Ung: ev \ roposed Zoning: -~ Q-<<6 l"N-R .TtJ-C; &Lul c.-G, Comprehensive Plan Designation: f^'rf..e.J... - use. COMW'-J't\.l....j I ~J. '~M iJer...f4.j {es,~i..'11 1 For Plats . .'1::~(j> fI\.~..v"...~n Property Size: 'l1Z -().(,tU, NumberofU1Uts: Dwelling Type: s.~./Cl.{lt1 (o6fA/ M~\~ Sewer: I Water: Pressurized Irrigation: to ec..elr... tot- Street Buffers: ~....I+ of 0v-tJ \a.V'\J.. l) l"",^,~~ fort ~i..o{ 35"1,"'Z 5' I oy\. V"€S+ ~L.~ = Z S) ~ I ( Open Space & Micropaths: r-' vOl It - 3cn -?, Landscape Plan: r~~tA..at\ uJ/ CD P Lot Size & Frontage. fe.r re~U04:>k6- -z.o....eS Topography: v,. t't.; Hydrology: Street System: Pathway System: N\I~ H~ -I,) st ~'^~WC<.."i {fD ""^ DATE: 1)-4 - os- Other Applications ~ Annexation o Rezone Conditional Use Permit p. o Variance o Lot Line Adjustment o Comprehensive Plan Amendment · Application Checklist Review Other Agencies to contacti:bv-.~_ G~ .,J/ ~O( k.. Additional Pre-application Conference: 'f Not recommended ~r LO^. (e~-\- 9 \UlA. 1J^-1"hI~ sf kJ W6vJJ..t~l B~ ho.w.. uJ! ~(, \ru,o 1 s ire . Recommended Required Anticipated Submission Date: Anticipated Planning & Zoning Date: The information provided dllring this !neeting is based ttpon the ctlrrlJllt Ci!.y qfMeridian Zoning & Stlbdivisioll Ordinance and applicable C01nprehensive Plait and is valid for 3 1JJonths. A,!) stfbseqtICnt changes to the Zoning or StfbdilJision Ordinance or Comprehensive Plan1JJCf)' afftct yotfr application. PRE-APPLICATION MEETING NOTES' Applicant(s): '"]L)I \lAL l~ ~~1 Engineer/Architect/Planner: .p ,\ l. ~ sc....\ V Ct VI Staff: C (4 (pb i ^^ VI 0./ V"lrt;Yc.t- r S-te~ Proposed Development: \f"v\.-:-j(-e-d. - Use Location: C)vJi.J~fAV\A (bemv'\ T ~'^ V\-\~\.e.. ~ Required Applications: 'Dr- '1 P PI~ P (I:::!' v v 4-1 j ~ \ If ..:::J-.- ExistingZoning:L0,^,ill,_/' Proposed Zoning: 'Ne,T~L, \2..-7 12-'1/ (2-~ Comprehensive Plan Designation: I ~-e ~ )'-110 -0 S' \-e I \ -C\ - 0 ') V'-u S DATE: 5-1 ~ -OG F or Plats Property Size: L ~'b i v.uf.<) Number of Units: Sewer: \\1 a ter: Pressurized Irrigation: Street Buffers: Open Space & :tYlicropaths: Landscape Plan: Lot Size & Frontage: Topography: Hydrology: Street System: Pathway System: Dwelling Type: Other Applications o Annexation o Rezone o Conditional Use Permit o Variance o Lot Line Adjustment o Comprehensive Plan Amendment · Application Checklist Review Other Agencies to Contact: Additional Pre-application Conference: Notrecorrunended Recorrunended Required Anticipated Submission Date: Anticipated Planning & Zoning Date: Additional Notes: '7\....O~\Jo..J ~o,w b\J\.\~o..rC..eJ.. [(~r.~& rh\.J.eJD~ wi co.^(@~ f~l1, - ~i~~~ \-t. ~ i2;r\ \e '1 \ \\{j-lilL SilLS") '-.Y'--.Q.-t s h__~-i.fi~(+--~-ft01-1-*n u.~__ -COV\ ( e p+ 1N\u-p ~ The infowation provided during this meeting is based upon the ClImnt City ojMeridian Zoning & SlIbdivision Ordinance and applicable Comprehensive Pion and is valid for 3 months. AID' subsequent chaNges to the Zoning or SJ/bdivisiolJ Ordinance or Comprehensive Plan mqyqffict your application, \~ ',' " IfF" ~, ') ,'j , ,~" ",. ',.' ~ ..,".,. ,',,' ,,",--- > ~,.." ",','",'. '," ,',' , , \:.... L< " '\\. I' - ",.,,',' ..,\,1 , ,,', ',' ,', \ i ",'" ,'.',' ~ ',', ; ",'., - .' "--. .,.., . ',,' ,\ '.." ..1 ~ I ,'K,',,' .." 1 I I, ',' ,I...,,' - - II" r L \ I, I )', .' '- ',," " ~",," , ..', , , d'\~ ~ 1"- SouthRidge--Vicinity Map ".',',~,' -LJ .~,.,',.,",.,.,' 1m "',' lit " ~ JII 7"\; :,\1/\ iN '.., .,'.',.., .', """ .",', ..,'.....,.',..,."." ",' " '" "",.' ,',,"',',', , 'I ..,,'.,'....' ..,...'..... I "" ','" ',..".".,., .'.'.'.'..' """. I ,'.'.'"',,. .. f",'.'..'., '""i...."""",.,, ,,',', .:i,..,.,. ,.",.., ..",,' ... ,'.,.'.".',.. '. ..'.',', ""', ,.'1,... -,,' In_ , ','.' ""'1< ," " ',.' " w .. c z. ..~ .,,' - ,--,' I ,', \ ',' ,',.' ',', .',.' ii' .< ....\............ " ., I,' ,'...,'" , , " , S?---- px.,,". "'\ ,'.,.,,',','.~ ,in,,' - ~', "'-1" '~'j",,','... ,'Il "..'..,""' "'"',' ~ ~ " , ~/ L ,'..'"C ~ '.'. ',',' " l ",~~~~~Z""."""":- \ ~'" ','.,' ,.",',' ,i--' .~. ' " , <: r-::' ~ '''Z ~ '--" ',',' ,,', '.," .."" ,', ','. ", ."..,', .,' "'/""1"-- .. 'I ' , \. -"I >i. i\ :.<.' '0.(" k. I.u r ',.",,"..~~z'r0i..i ~, '"",',..'-1 l"',"\ "1 ,,-'1 k-l . io \ - \ ..'.,':." '--'=11 I c--! I ~...r~K I', :: T I / , N~ It cJf ],'/,\ OI'ilER FIE SCALE 1 : 15,539 ~~:-( I I 1,000 0 1,000 2,000 FEET I 3,000 = II '.,' ',,',,' - , ,'.ii , .. ',.., N A - co -- s.... 0 CD 0 ~ T"" <( CD 0 0 0_ T"" 0> C\I 0 "'C ~~ 0) -- c::: ~ W ..J ..c <( 0 +-' en ::J 0 Cf) 0 0 It) z~ SouthRidge Aerial N SCALE 1 : 19.666 r--c-'""'\ I I I 1 ,000 0 1,000 2,000 3,000 FEET A ~, -..... ...~ -::... II '!'~-.-:z ~ --=... " -~ \--l8bl.\:~\~ t-lo\ \ C5 C S1<1'A\?Lt; J THE LAND GROUP, INC. You are cordially invited to an informational meeting on the annexation, rezone, P.U.D., and preliminary plat for the South Hill development, adjacent to your property. The project developers will attend the meeting to present the development plan and answer any questions you may have, The meeting will be held at Mary McPhearson Elementary School, ] 050 E. Amity Road in Meridian on March 8, 2006 from 6:30 p.m. to 7:30 p.m. We hope to see you there. -' L:Illr1scape ArchitectJm . Site PJ0I11IhJ,g . Civil EIIgiJreenlJ,g . Go(fCo1lrse Irrigatioll & E1WlleenlJ,g . Graphic C017J1Dlmicatiol/ .S1IlVryilJ,g 462 E. Shore Drive, Ste. tOO, Eagle, Idaho 83616 . 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J;:. -1 ~ }.~_ ~ ~ ~ f;t f 0 ~ ~ [() ~-H :s ~ ~ ~ ~ d (~t~ ~ J2-~.?l3 ~~F<:) ~ '\)~ ~ t-- IJ- >- .,,, Q ~d ~ \li J if ..... r1J u. ,_ 0 ~ ~ ...... <J - '- 4 E: 0; :;t :l .1; ill ill 1;; ill SI 2 10 3 ~ COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirments and will comply with the posting requirements as stated in UDC 11-5A-5 Mb~ lOr'~ Date Page 1 of2 Russ Hepworth From: David Couch [dscouch@adaweb.net] Sent: Monday, March 06, 200611:33 AM To: Russ Hepworth Subject: RE: Subdivision name Reservation March 6, 2006 Russ Hepworth, EIT The Land Group Inc 128 S Eagle Road Eagle, ID 83616 RE: Subdivision Name Reservation SOUTH RIDGE SUBDIVISION Dear Russ: At your request, I will reserve the name "SOUTHRIDGE SUBDIVISION" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, David J. Couch, PLS Ada County Surveyor Check out the subdivision names list at http://www.adaweb.netfdevservlsurvey/subnames.txt Please remove the action logo from your e-mails.lt.s very distracting when I cut and paste for the approval letter. From: Russ Hepworth [mailto:russ@thelandgroupinc.com] Sent: Thursday, March 02, 20064:10 PM To: David Couch Subject: Subdivision name Reservation Dave, This is a request to reserve the Subdivision Name "South ridge" or "South Ridge" for a proposed development of approximately 320 acres located between Linder and Ten Mile south of Overland Road. Subject property being the north 1/2 of section 23, Township 3 north, Range 1 West, 8.M., Ada county. Thanks Dave, 3/6/2006 STRaTa GEOTECliNICAI. ENGINEERING'" MATERIAl.S TESTING :r"l-l~")I"'/:fy ,cYD,\,t ./-k,,", 91'0">\0 up March 22,2006 File: JLJENT B06049A Steve Snead JLJ Enterprises 1560 S, Carol St. Meridian, Idaho 83642 RE: LETTER REPORT Preliminary Geotechnical Evaluation Proposed South Hill Subdivision Overland Road and Ten Mile Road Ada County, Idaho Dear Steve: STRATA, Inc. is providing our authorized Preliminary Geotechnical Evaluation for the Proposed South Hill Subdivision located south of Overland Road and east of Ten Mile Road in Ada County, Idaho. The purpose of our work was to provide preliminary geotechnical information for groundwater levels and subsurface infiltration for stormwater disposal. The following letter report presents the results of our field exploration on March 14, 2006 and our geotechnical findings. PROJECT UNDERSTANDING We understand you plan to develop an approximate 250-acre property into a residential and commercial property. Asphalt paving will provide access to the subdivision with numerous roadways and cul-de-sacs. Stormwater will be retained on-site via subsurface seepage facilities or drainage swales. We understand the purpose of our evaluation will be solely to provide preliminary subsurface soil and groundwater information to you. An expanded geotechnical evaluation will be performed at a later date, FIELD EXPLORATION STRATA observed the excavation of 4 exploratory test pits on March 14, 2006. An observation well was installed in each test pit for future groundwater monitoring, Test pits were located throughout the proposed subdivision, in areas indicated by you, and are presented on Plate 1, Site Plan. The soil encountered in test pit locations was visually evaluated and our field engineer, referencing the Unified Soil Classification System (USCS), logged the soil profile. A brief explanation of the USCS is presented on Plate 2 and should be used to interpret the terms used on the test pit logs, Individual test pit logs are included in the Appendix to this report. At the conclusion of our subsurface evaluation, test pits were loosely backfilled level with the existing ground surface. Test pit locations are indicated by the presence of observation wells. SUBSURFACE CONDITIONS Lean clay was generally encountered at the ground surface, and was typically underlain by silt and/or silty sand with varying amounts of moderate to strong calcium cementation. Silt/silty sand was generally underlain by poorly-graded gravel with sand that extended to test pit depths of termination at 11 to 14 feet. iDAHO MONlf1l'li\ NEVADA OREGON UTAH Wi\$HINGTON WYOMIN,,; www.stratageotech.com 'V}~ !~L2\,..k2r(;(HT Dt:' D<.~;:.>~, Id<.Lh;j tr]:,;u~~, r~ .:~:._~i'~; ::~:nn .r~, ).;'j.;:;'.,)/~:-;.,i:}?~)! Proposed South Hill Subdivision File: JLJENT B06049A Page 2 Lean clay was described as brown, stiff to very stiff, moist and extended between 1 and 1.5 feet below existing ground surface. Trace vegetation and organics were obselVed to 6 inches below ground surface. Lean clay was underlain by silt described as tan, very stiff to hard, moist and contained weak and moderate calcium cementation in test pits TP-3 and TP- 2, respectively. Silt was underlain by strongly to weakly cemented silty sand described as tan, very dense, moist and extended between 2 and 7 feet, except in TP-2 which was underlain by sand from 2 to 4,5 feet. Silt, silty sand and sand were typically underlain by poorly-graded gravel with sand between 4 and 8 feet, that was described as tan, medium dense, moist and extended to test pit depths of termination between 11 and 14 feet below ground surface. Specific soil contacts and descriptions are presented on individual test pit logs in the appendix to this report. Groundwater was not encountered in the test pits to a depth of 11 to 14 feet on the day of exploration. However, the Ridenbaugh Canal traverses the project site and groundwater has the potential to vary with seasonal changes in irrigation, precipitation, infiltration and development to the project site. We recommend groundwater monitoring be performed during irrigation season to establish seasonal high groundwater levels. Stormwater Disposal Stormwater generated on-site is planned to be disposed of in subsurface seepage trenches. The underlying uncemented gravel or sand encountered at a depth of 5 to 8 feet beneath the ground surface in the test pits is suitable for disposal of stormwater, provided excavation for seepage trenches extends beneath the cemented soils and silt layers as obselVed in test pit TP-2. As allowable seepage rate of 8 inches per hour can be used for the uncemented gravel or sand. Seasonal high groundwater levels are expected to vary over the project site as a function of leakage from the Ridenbaugh Canal and irrigation practices. We expect seasonal high groundwater could rise to 10 feet of the ground surface. We recommend the on-site obselVation wells be monitored during irrigation season to verify the seasonal high groundwater level. Additional Study We understand STRATA will be retained to accomplish additional field test pits to further evaluate the subsurface soil and groundwater conditions over the project site once site development plans proceed. We recommend additional groundwater obselVation wells be installed and near surface soil samples be obtained for pavement subgrade evaluation. STRATA can provide a geotechnical evaluation to provide recommendations for pavement design, stormwater infiltration and earthwork/grading for roadway areas. STRATA can also provide recommendations for earthwork grading and foundations for residential and commercial development provided we are retained to provide construction monitoring and testing. EVALUATION LIMITATIONS This report has been prepared solely to provide preliminary geotechnical information for groundwater level and subsurface stormwater infiltration for the proposed South Hill Subdivision located south of Overland Road and east of Ten Mile Road in Ada County, Idaho. Our selVices consist of professional opinions made in accordance with generally ~ iLl,\j-IO M()N1N~r. ,';fVi\Dt\ OREGON UT!\H WASHINGTON WYO,vllNG www.stratilgeotech.com Proposed South Hill Subdivision File: JLJENT B06049A Page 3 accepted geotechnical engineering principles and practices, This acknowledgment is in lieu of all express or implied warranties. This report has been prepared exclusively for the use of the addressee and for the project as described; we cannot be responsible for any other use of this report. We appreciate the opportunity to assist you on this project. If you have any questions, please call. The following plates accompany and complete this report. Plate 1 : Plate 2: Appendix: Site Plan Unified Soil Classification System (USCS) Test Pit Logs AM/DG/am ~ Sincerely, STRATA, INC. A~4~ Adrian Mascorro, E.I.I. Staff Engineer 0~ iP ~ Daniel P. Gado, P.E. Senior Engineer H;:;i\HO MOl"'.HAp,!A NEV/\DA Qi;[GON UTAH ViJASH~NGTON \}fy'OMiNG www.stratageotech.com .~ th......... .0 o o N ;' t ~ '" .t ~ h:- ~J:: ",e ~~ .... 0'" o '" .. ~~ ~ .slii ~ ., 0: ":it.,..... o:..\~ "'If' ,!; .. o o on I -a. g ti .S ,..-- {~ J i l: "tl .!! :s '" E ....~...,. v>. 0.0 E"O .- .. ~~ ..., 0.'" ~8 " <L '0. "0 '" l;I . enS: .~-.. ~~ ;< /, ("If 1:1 , ............. l o <> o <> on '" " ~ ~ () VI .. ~,~.... .. IU < L. .. o -'" w ,_ 0 I- ::]"' f- .~..t:: ~;:5 Z.2:~ ~;; Q. :3,,- fOil/'...- .Q -c. '\.! "" ~ :>. " ~ \ ~ ~ CI) 'E .,. "'~,,'.t , g w _::S ,,-. 1(," l Iil 1-=0' '1~ (i)::I:O ~'.'; !Z ..t:: ;5 >--. W :i~ I-n J 0<( ft\' CI) " \. ." ~ J vi" . I i! 'I ~I t I~ ~i I( I( I~ 21 Ii il J~ "I I! ~w ~J Ib J~ I! ~ I~ ~ :1 ~ ~, ~ '; ~ I. =,; I .~ II ~ I! ~ III ~Il ~t .; ;h -l III ~ 115! ~ ~ ~ ~ ~ll"- ~~I a lei ~ J~ ii5 I~i ;; ~II j ~ MAJOR DIVISIONS UNIFIED SOILS CLASSIFICATION SYSTEM GRAVELS COARSE GRAINED SOILS SANDS CLEAN GRAVELS GRAVELS WITH FINES CLEAN SANDS SAN OS WITH FINES SILTS AND CLAYS LIQUID LIMIT LESS THAN 50% FINE GRAINED SOILS SILTS AND CLAYS LIQUID LIMIT GREATER THAN 50% ~ ~ ~ Standard 2-lnch 00 W Split-Spoon Sample I California Modified 3-lnch 00 Split-Spoon Sample D Rock Core D Shelby Tube 3-lnch 00 Undisturbed Sample BORING LOG SYMBOLS ~ ~ ~ 'a- ... ;,. '" '" " " I :. Q. .k ~ ~ '" " ~ !l! :il o m ~ t5 i ~ !? ,;; GRAPH SYMBOL ': O' ...' < ,~,:.~....'( .0..'.'0... ,. :. . :". . '.- t 1: ~tl ~ Q G i) v () 9 0(:;{)0-O0 {) (} {) (; 0 I) W 8 (0 '2' '" e -i3 0 0 $' e $io 05'$0$& 1:1;1: ~I:I; ~~~~ ~~~~~ I I I:~:':::: I 'I I I I I t'-.."..'-,,' ~ ~'" ~~ LETTER SYMBOL GW GP GM GC SW SP SM SC ML CL OL MH CH OH PT SOIL CLASSIFICATION CHART ... Groundwater After 24 Hours \7 Groundwater at Time of Drilling GROUNDWATER SYMBOLS TYPICAL NAMES Well-Graded Gravel, Gravel-Sand Mixtures. Poorly-Graded Gravel. Gravel-Sand Mixtures. Silty Gravel, Gravel- Sand-Silt Mixtures. Clayey Gravel, Gravel- Sand-Clay Mixtures. Well-Graded Sand, Gravelly Sand. Poorly-Graded Sand, Gravelly Sand. Silty Sand, Sand-Silt Mixtures. Clayey Sand, Sand-Clay Mixtures. Inorganic Silt, Sandy or Clayey Silt. Inorganic Clay of Low to Medium Plasticity, Sandy or Silty Clay. Organic Silt and Clay of Low Plasticity. Inorganic Silt, Mica- ceous Silt, Plastic Silt. Inorganic Clay of High Plasticity, Fat Clay. Organic Clay of Medium to High Plasticity. Peat, Muck and Other Highly Organic Soils. ~ Baggie Sample EJ Bulk Sample EJ Ring Sample TEST PIT LOG SYMBOLS ~"",",,', ~ STRaTe (;_:O'f~.cI~...'!'.Al:.. (.rlf,'..ko.,;t.i:'r;;~~q..:.. UAT['I'-t""",t;'; ;t~TW;;, :l'f\i.r:~?"':;.[Y ,f'7r^....I...C -111.-- {..:I~-I{'ml,d Elr JLJENT B06049A PLATE: 2 APPENDIX