Cross Esmnt Agreement
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03117/03 03:37 PM
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~':oJ3~ES 210.00 103043069
70
This sheet has been added to document
to accommodate recording information.
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EASEMENT AGREEMENT
AGREEMENT made this %~ day of March, 2003, between Patricia Ruyf, a
single person dealing with her sole and separate property, the "Grantor", and those persons
whose names and signatures are affixed hereto under the heading "Montvue Owners", all of
whom are owners of property located in that certain residential development sometimes
known as Montvue Park or Montvue Subdivision, Ada County, Idaho, c/o 3295 N. Montvue
Drive, Meridian, Idaho 83642, hereinafter collectively referred to as the "Montvue Owners"
or "Grantees".
RECITALS:
A. Grantor is presently the owner of record of certain real property located at 360
E. Montvue Drive, Meridian, Idaho, and described as Lot 2 and the East 40 feet of Lot 3 in
Block 5, Montvue Park, according to the official plat thereof filed in Book 17 of Plats at
Page 1107, official records of Ada County, Idaho ("Grantor's Property"). Grantor is also a
Montvue Owner.
B. The Montvue Owners have entered into a certain Settlement Agreement
("Settlement"), dated March 8, 2003, with St. Luke's Regional Medical Center, Ltd. ("St.
Luke's"), the owner of property adjoining Montvue Subdivision on the south. A copy of the
Settlement is attached and incorporated as Exhibit A. The Settlement provides for access by
the Montvue Owners from the Montvue Subdivision, over "St. Luke's Road" (as defined in
the Settlement), to a signalized intersection on Eagle Road.
C. Grantor has entered into a Real Property Purchase and Sale Agreement, dated
November 22, 2002, for the sale Grantor's Property to SJN, LLC ("Sale Agreement").
EASEMENT AGREEMENT - 1
Section 10 of the Sale Agreement provides for an access easement over and across the west
side of Grantor's Property for the purpose of providing the Montvue Owners and their
respective licensees, invitees, heirs, successors, and assigns, with ingress and egress between
Montvue Subdivision and the St. Luke's Road ("Access Easement"). This Agreement is
entered into for the purpose of conveying to Grantees the Access Easement contemplated in
the Settlement.
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES,
AS FOLLOWS:
1. Grantor hereby grants to Grantees and Grantees' heirs, successors, assigns,
licensees, and invitees, a non-exclusive permanent easement over, across, and through the .',
East 40 feet of Lot 3, Block 5 of Montvue Park ("Easement Property"), for purposes of
providing unrestricted ingress and egress to, from, between and over the roadways of
Montvue Subdivision on the north and St. Luke's Road on the south, subject only to the
terms and conditions of the Settlement, provided, however, notwithstanding anything to the
contrary herein or in the Settlement Agreement, if the access road between Montvue
Subdivision's existing road system and the St. Luke's Road is located, in whole or in part, on
property other than the Easement Property, all as provided further in the Settlement, then this
Easement Agreement shall terminate and be of no further force or effect as to such portion of
the Easement Property upon which the access road is not located, such termination to
become effective, without need for further action, upon payment of a refund to the parties to
the Settlement by Grantor or her purchaser, successors or assigns, of the consideration paid
for the portion (up to all) of the Access Easement to be terminated. Said Access Easement is
EASEMENT AGREEMENT - 2
intended to connect the Montvue roadways on the north to the point where the Easement
Property joins the St. Luke's property on the south.
2. As set forth in Section 1, p. 4, of the Settlement, St. Luke's has obligated up to
$100,000 for acquisition and construction of access roads for use of the Montvue Owners.
Grantor has agreed pursuant to Section 10 of the Purchase Agreement to negotiate for funds
to compensate her purchaser for the Access Easement. The Montvue Owners hereby
authorize St. Luke's to payout of said funds the amount of the appraised value of the Access
Easement up to a maximum of the square foot price paid to Grantor in connection with the
Sale Agreement.
3. Grantor and her purchaser, successors, assigns, invitees and licensees, shall..
have the right to perpetual access to the Access Easement through a curb cut and entrance to
be located at a reasonably convenient location along the west side of Lot 2 of Grantors'
Property to provide access for Grantor's Property to the Easement Property.
4. Section 15 of the Settlement Agreement provides that those owners of
property in the Montvue Subdivision who are not defined as Montvue Owners and not parties
to the Settlement shall not have of the benefits, duties or burdens established under the
Settlement and nothing to the contrary is intended by this Agreement.
5. This Agreement is intended to carry out the terms and conditions of the
Settlement pertaining to access of the Montvue Owners to St. Luke's Road and for that
reason the Settlement is hereby incorporated herein and this Agreement shall be construed in
harmony with the Settlement.
6. It is understood that the Montvue Owners wish to retain the right to seek to
have the Access Easement dedicated as a public road. It is agreed between the parties that
EASEMENT AGREEMENT - 3
the Montvue Owners shall have the right, solely at their option by majority vote (each lot to
have one vote), to petition the appropriate jurisdictional governmental agencies for a
dedication of the Access Easement as a public road.
7. It is understood and agreed that the Access Easement is bargained for and
granted in exchange for good and valuable consideration, that the same is intended to be a
covenant which shall "run with the land", and that it shall bind and benefit the parties and
their respective heirs, successors, assigns, invitees, and licensees, as an appurtenance to the
properties of the Montvue Owners, as described in the Settlement.
IN WITNESS WHEREOF, the parties have executed this Agreement.
GRANTOR
MONTVUE OWNERS:
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PATRICIA RUYF
ARTIACH PROPERTIES L.P., an Idaho limited
partnership
BY/LnF~~h~~
fose M. Artiach, Partner
By
Miren E. Artiach, Partner
L/?~ ~/;7 aZ~
JifSE M. ARTIACH
MlREN E. ARTIACH
EASEMENT AGREEMENT - 4
S=NT 3Y: JIM J~NES 8 ASSOCIATCS;
EASEMENT AGREEf\.lENT - 5
383 9599;
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CHARLET K.
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AUGU lEIN
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STELLA G. HEIN
THE WES AND ROSIE HOALST F AMIL Y
TRUST, dated September 19, 1994. and refonnec
and restated on A Ugllst 5, 2002
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By (hJ.;". 2~ -o..f.tk
(.~arieHO t, l'mstee ,
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Weslee W. Hoalst, Trustee
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WESLEE W. HOALST
EASEMENT AGREEMENT - 5
NET B. CLARK
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LORAN 1. adUuc .!i!t:Io
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GLENN L. GRIFF! HS
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THE WES AND ROSIE HOALST F AMIL Y
TRUST, dated September 19, 1994, and reformed
and restated on August 5, 2002
By !f-~7?1!:~ ~ir
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Weslee W. Hoalst, Trustee
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WESLEE W. HOALST
EASEMENT AGREEMENT - 6
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DENNIS DRAKE
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KATHR M. DRAKE
STATE OF IDAHO)
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County of Ada )
On thisl~~ day of March, 2003, before me, Tresha Griffiths, personally appeared
DENNIS DRAKE and KATHRYN M. DRAKE, husband and wife, known or identified to
me (or proved to me on the oath of ), to be the persons whose names
are subscribed to the within instrument, and acknowledged to me that they executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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NOTARY PUBL OR IDAHO
Residing at Meridian, Idaho
My Commission Expires: 6/15/06
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EASEMENT AGREEMENT - 6A
STATE OF IDAHO)
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County of Ada )
On this J'~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared JEFFREY T. ADDY, known or identified to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that he executed the
same.
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County of Ada ,......)'"
On this %"71 day of March, 2003, before me, a Notary Public in and for said State,
personally appeared STEPHANIE ADDY, known or identified to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that she executed the
same.
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EASEMENT AGREEMENT - 7
STATE OF IDAHO )
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County of Ada )
On thisr~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared JOSE M. ARTIACH and MIREN E. ARTL'\CH, known or identified to
me to be the partners in the partnership of ARTIACH PROPERTIES L.P., an Idaho limited
partnership, and the partners who subscribed said partnership name to the foregoing
instrument, and acknowledged to me that they executed the same in said partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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STATE OF~AHO.}"'"
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County of Ada )
On this ~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared JOSE M. ARTIACH, known or identified to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that he executed the
same.
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EASEMENT AGREEMENT - 8
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March, 2003 fore me, a Notary Public in and for said State,
AR CH, known or identified to me to be the person
. thin instrument, and acknowledged to me that she
IN WITNESS REOF, I have here to set my hand and affixed my official seal
the day and year in t . s certificate first above writte
NOTARY PUBLIC FO IDAHO
Residing at
My Commission Expires
STATE OF IDAHO )
) ss.
County of Ada )
On this YT~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared CHARLET K. BENTZINGER, known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same.
IN wrq~.~.~IiEREOF, I have hereunto set my hand and affixed my official seal
the day and ~~"i~~cate first above written.
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Residing at
My Commission Expires
EASEMENT AGREEMENT - 9
S:;;~;T ~Y: JIM Jm,ES 8. ASSOCIATES;
385 9599;
MAR -14 . ~3 '1: 44A',l;
~M= 7'9
STATE OF IDAHO)
) ss.
County of Ada )
On this [fA day of March. 2003, before me, a Notary Public in and for said State.
personally appeared RONALD W. BENTZNGER, known or identified to me to be the
person whose name is subscribed to the within instrument. and ackno,,"ledged to rn~ that he
executed the ~all1e.
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~~~.~OF. I have hereunto set my hand and affixed my offic.ial seal
the day #J~\\~~i; ~~ate tirst above written.
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NOTARY PU1!IP!QR IDAHO
Residing at ~;z;.:J ..z-~ I
My Commission Expires I J( t/b
STATE OF OREGON )
) SS.
Co~.mty ofJ:)e.sc..h~<::>)
On thIS l!:L. day of March, 2003, before me, a Notary PublIc in and for said State,
persl'nal1y appeared JELINDA S. CARPENTER, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to !'11~ that she
executed the same.
_ OFACIALSEAL
MARCEl I. FORBIS
, NOTARY PUBUC-OREGON
.... COMMISSION NO. 349263
MY COWISSKlN tmIES NOVEMBER 11, 200i
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offidal seal
the day and year in :his celtifica1:e first above written.
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NOTARY PWlLIC FOR'OREGON
Residingat~~r5 O~
My Commission Expires '____
EASE\1ENT AGREEMENT-tO
STATE OF IDAHO)
) ss.
County of Ada )
On this pA day of March, 2003, before me, a Notary Public in and for said State,
personally appeared RONALD W. BENTZINGER, known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
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ll'\.....~tp~~~OF, I have hereunto set my hand and affixed my offiCIal seal
the day ~~ar. iNhis .~~ate first above written.
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My Commission Expires I:;
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STATE OF OREGON )
) ss.
County of )
On this day of March, 2003, before me, a Notary Public in and for said State,
personally appeared JELINDA S. CARPENTER, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
NOTARY PUBLIC FOR OREGON
Residing at
My Commission Expires
EASEMENT AGREEMENT - 10
SENT BY: Jr~ ~ONES & ASSOCIATES;
385 9599;
VAR-~4-C3 '1 :45AMj
?AG~ e.'B
STATE OF OREGON )
[) u.tg) SS.
County of sdh . ~ )
On this (l.[.Jt\day of March, 2003, before me, a Notary Pubhc in and for said State,
personally appeared RICHARD L CARPENTER, known or identified to me to be the
person whose name is subscribed to the within instrurmmt, and acI010wJedged to me that he
eMcuted the same.
IN WITNESS WHEREOF, I have hereur,to S~~ my hand and affixed my official seal
the day and year in this certificate tirst above written.
. OFFICIAL SEAL
KIMBERLY HUELTER
: i NOTARY PUBLIC. OREGON
\. ./ COMMISSION NO. 339766
........ MY COMMISSION EXPlES NOV. 17. ZIl\4
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NO!~RYP~ OROREGON
Res.dmg at _' ____a. CJf... .
My Commission Expires JU57lI-? ~
ST A TE OF IDAHO )
) SS.
County of Ada )
On thi~ Jay of 1vlarct;, 2003, be:ore me, a Notary Pubhc in and for said State,
personally ilppeared JANET B. CLARK. known or identified to me to be the person whose
name is subscribed to the within instrument, and acknow:edged to me that she executed the
same.
IN WITNESS WHEREOF, 1 have' hereunto set my nand cmd affixed my official seal
the day and year in this certificate flrst above written.
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EASEMENT AGREEMENT -- 1l
STATE OF OREGON )
) ss.
County of )
On this day of March, 2003, before me, a Notary Public in and for said State,
personally appeared RICHARD L. CARPENTER, known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
NOTARY PUBLIC FOR OREGON
Residing at
My Commission Expires
STATE OF IDAHO)
) ss.
County of Ada )
On thi~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared JANET B. CLARK, known or identified to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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EASEMENT AGREEMENT - 11
STATE OF IDAHO )
) ss.
County of Ada )
On this d. day of March, 2003, before me, a Notary Public in and for said State,
personally appeared LORAN 1. CLARK, known or identified to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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NOTARY PUB
Residing at
My Commission Expires
On this {M. day of March, 2003, before me, a Notary Public in and for said State,
personally appeared GLENN L. GRIFFITHS, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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TARY PUBLIC FOR IDAHO
Residing at &J;ie .-:bJ
My Commission Expires ItJ.dlJ-os"
GLENDA IIILDEBRANDT
NOIar~ Puhlic
State of Idaho
EASEMENT AGREEMENT - 12
STATE OF IDAHO )
) ss.
County of Ada )
On thisf~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared TRESHA GRIFFITHS, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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NARY P.2;IC FOR IDAHO
Residing at vt-e -:t:lJ
My Commission Expires /~'di3-Of
STATE OF IDAHO )
) ss.
County of Ada )
GLENDA HILDEBRANDT
N()tar~ Puhlic
State of Idaho
On thisyT.{ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared AUGUST M. HEIN, known or identified to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
fue day and ye~.::.::.~ficate first abOZd ~
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EASEMENT AGREEMENT - 13
STATE OF IDAHO )
) ss.
County of Ada )
On this~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared STELLA G. REIN, known or identified to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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STATE OF I~n:)Of ;",.....
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County of Ada )
On thisg7'1 day of March, 2003, before me, a Notary Public, in and said State,
personally appeared ROSE MARIE HOALST and WESLEE W. HOALST, known or
identified to me to be the persons whose name are subscribed to the within instrument as
Trustees of THE WESS AND ROSIE HOALST FAMILY TRUST, dated September 19,
1994, and reformed and restated on August 5, 2002, and acknowledged to me that they
executed the same as such Trustees of THE WESS AND ROSIE HOALST F AMIL Y
TRUST, dated September 19, 1994, and reformed and restated on August 5, 2002.
EASEMENT AGREEMENT - 14
STATE OF IDAHO )
) ss.
County of Ada )
On this ~ day of March, 2003, before me, a Notary Public for said State,
personally appeared ROSE MARIE HOALST, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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NOTARYPUBL ORI~O
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My Commission Expires ~ s /a
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STATE OF IDft'H(!)II)""'\
) ss.
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County of Ada
On this 1'71 day of March, 2003, before me, a Notary Public in and for said State,
personally appeared WESLEE W. HOALST, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
---
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EASEMENT AGREEMENT - 15
STATE OF IDAHO)
) ss.
County of Ada )
On thistr~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared DON WAYNE HOLLINGSWORTH, known or identified to me to be
the person whose name is subscribed to the within instrument, and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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NOTARY PUB
Residing at
My Commission Expires
On thispJ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared ROBIN HOLLINGSWORTH, known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same.
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EASEMENT AGREEMENT - 16
STATE OF IDAHO )
) ss.
County of Ada )
On thi~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared FORREST 1. KEIRNES, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
) ss.
County of Ada )
On thiV~.7J( day of March, 2003, before me, a Notary Public in and for said State,
personally appeared LINDA 1. KEIRNES, lmown or identified to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written:
~1i#WffO
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EASEMENT AGREEMENT - 17
STATE OF IDAHO )
) ss.
County of Ada )
On this ~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared JUSTIN REISWIG, known or identified to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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County of Ada )
NOTARY PU
Residing at
My Commission Expires
On this~A day of March, 2003, before me, a Notary Public in and for said State,
personally appeared THERESA REISWIG, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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EASEMENT AGREEMENT - 18
NOTARY PUB
Residing at
My Commission Expires
STATE OF IDAHO )
) ss.
County of Ada )
On this %;1-1 day of March, 2003, before me, a Notary Public in and for said State,
personally appeared JACKIE L. ROBINETTE, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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NOTARY P
Residing at
My Commission Expires
On this~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared STUART W. ROBINETTE, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
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EASEMENT AGREEMENT - 19
STATE OF IDAHO )
) ss.
County of Ada )
On this tfr1 day of March, 2003, before me, a Notary Public in and for said State,
personally appeared ERIC P. ROHR, known or identified to me to be the person whose name
is subscribed to the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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County of Ada
NOTARY P
Residing at
My Commission Expires b ;0-
On this %/-1 day of March, 2003, before me, a Notary Public in and for said State,
personally appeared MADONNA L. RUDDER, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same.
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EASEMENT AGREEMENT - 20
STATE OF IDAHO)
) ss.
County of Ada )
On thisJT~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared SCOTT W. RUDDER, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
,." .........
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County of Ada )
On this y71 day of March, 2003, before me, a Notary Public in and for said State,
personally appeared PATRICIA RUYF, known or identified to me to be the person whose
name is subscribed to the within instrument both as Grantor and as a Montvue Owner, and
acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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EASEMENT AGREEMENT - 21
NOTARYPU
Residing at
My Commission Expires
STATE OF IDAHO )
) ss.
County of Ada )
On thiS~ day of March, 2003, before me, a Notary Public in and for said State,
personally appeared THORA M.P. WILLIS, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same.
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County of Add'.',,~;w,""
On this.P1 day of March, 2003, before me, a Notary Public in and for said State,
personally appeared RICHARD M. WILLIS, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written:
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EASEMENT AGREEMENT - 22
SETTLEMENT AGREEMENT
AGREEMENT made this p-J, day of ~D
,
,2003, between and among
St. Luke's Regional Medical Center, Ltd. ("St. Luke's"), an Idaho non-profit corporation; and the
other persons whose names and signatures are affixed hereto, all of whom are owners of property
located in that certain residential development sometimes known as Montvue Subdivision
(collectively, "Montvue Owners").
RECITALS:
A. The parties to this Agreement are neighbors along the east side of the stretch of Eagle
Road between I-IS and Franklin Road, Ada County, Idaho. St. Luke's owns the real property
described in Exhibit 1. The Montvue Owners own property in Montvue Subdivision, which is
described in Exhibit 2.
B. Touchmark Living Centers, Inc. ("Touchmark") owns property to the east of these
parcels. Touchmark has stubbed a road over its property to the east side of Mont vue Subdivision
("Touchmark Road"), which will provide the Montvue Owners access to a signalized intersection on
Franklin Road.
C. St. Luke's and certain of the Montvue Owners have been engaged in litigation (Ada
County Case No. CV OC 000179D and Idaho Supreme Court Docket No. 27559) involving the
question of whether and under what conditions the Montvue Owners can obtain access over the
private road along the north side of St. Luke's property ("St. Luke's Road") to the signalized
intersection on Eagle Road ("Intersection").
D. St. Luke's and the Montvue Owners have engaged in mediation in an attempt to
resolve their disputes and have reached a tentative agreement, which would allow the Montvue
SETTLEMENT AGREEMENT - 1
021203 1500
::ODMAIGRPWISEIMT.MTPO,BOI_MT1 :413001,9
Owners to access St. Luke's Road and the Intersection under the terms set out herein. Said parties
have contacted the Ada County Highway District ("ACHD") to determine how a settlement would
impact the ability of the Montvue Owners to develop their properties for commercial purposes and
have been advised by ACHD that the status ofSt. Luke's Road as a private road should not result in
increased development costs or impact fees and other exactions for the Montvue Owners.
E. It is the goal of St. Luke's to maintain an acceptable level of service through the
Intersection with the build-out ofSt. Luke's development plans, as set forth in Exhibit 3, as well as
the build-out of Touchmark. It is the goal of the Montvue Owners to obtain reasonable access
through the Intersection so that their properties will be attractive for those commercial development
purposes allowed pursuant to this Agreement without the imposition of excessive road development
costs and related exactions. The following assumptions are used herein for the accommodation and
achievement of said goals:
(a) The average east-west controlled delay per vehicle for traffic entering and exiting the
Intersection from St. Luke's Road during the afternoon peak traffic hour (4:30 to 5:30 p.m.) is 22
seconds, which translates to a Level of Service ("LOS") C under the "Signalized Intersections
Methodology" set forth in the Highway Capacity Manual 2000. The build-out projected for
St. Luke's, as per Exhibit 3, together with the projected build-out ofTouchmark, is expected to result
in an average controlled delay per vehicle of approximately 24.4 seconds, which still translates to an
LOS C. The projected build-out ofMontvue Subdivision for the commercial purposes anticipated by
this Agreement could convert the level of service at the Intersection from Level C to Level D, which
could result in average controlled delay per vehicle exceeding 35 seconds, without the improvements
specified in Subsection (c), below (collectively, "Traffic Improvements"). However, it is projected
SETTLEMENT AGREEMENT - 2
021203 1500
::ODMA\GRPWISE\MT,MTPO,BOI_MT1 :413001,9
that the implementation of the Traffic Improvements will maintain the level of service at the
Intersection at Level C through 2010. Enough public right of way is believed to presently exist to
accommodate the Traffic Improvements, except that some additional right of way may be required
from that portion of the Montvue Subdivision bordering Eagle Road.
(b) ACHD currently is planning certain improvements at the intersection of Eagle Road
and Franklin Road for fiscal year 2005 ("ACHD Improvements"), which will have a beneficial effect
for the level of service at the Intersection.
(c) The additional improvements necessary to maintain an acceptable level of service at
the Intersection and the anticipated cost thereof, based on estimates reviewed by ACHD and the
Idaho Department of Transportation ("IDT"), are:
(1) A third lane of traffic on each side of Eagle Road between the
northerly 1-84 ramps and the railroad crossing north of the Franklin
Road intersection, with an estimated cost of$180,000. The IDT has
indicated, but not guaranteed, that it will construct with public funds
the north bound lane in 2006.
(2) Interconnection and coordination of the three lights on Eagle
Road (at the northerly 1-84 ramps, the Intersection, and Franklin
Road) with an estimated cost of $35,000, which the IDT has
indicated, but not guaranteed, will be accomplished with public funds
in 2003.
(3) A raised median on Eagle Road between the northerly 1-84
ramps and the Intersection, with an estimated cost of$30,000, which
SETTLEMENT AGREEMENT - 3
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
the IDT has indicated, but not guaranteed, it will construct with
public funds upon request of the City of Meridian.
(4) A fourth traffic lane on Eagle Road between Magic View
Drive and the westbound 1-84 on-ramp, with a cost estimated at
$50,000.
(5) Widen the westbound offramps serving Eagle Road from 1-84
to include a second lane, with an estimated cost of $75,000 to
$100,000.
The above figures are subject to additional engineering costs of 10% - 15% and yearly
inflation commencing after the date of this Agreement.
F. Based on the foregoing, the parties have agreed to the terms set out in this
Agreement.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION,
THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, IT
IS AGREED AS FOLLOWS:
1. The Montvue Owners shall have the right to tie into St. Luke's Road with an
access road from Montvue's existing road system, which tie-in will be located across from, and
aligned with, the existing third access drive to St. Luke's parking lot, or at such other location upon
which the parties may hereafter agree. The Montvue Owners shall be responsible for the cost of
acquiring any necessary property or right of way and of constructing the roadway to tie into
St. Luke's Road, provided that St. Luke's will payor reimburse the Montvue Owners for the first
$100,000 in costs incurred in the acquisition and construction of such access road, or in the
SETTLEMENT AGREEMENT - 4
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
acquisition and construction of the access road tying in Montvue's existing road system to the
Touchmark Road that provides access for Montvue Subdivision on its east side, promptly upon
St. Luke's receipt of documentation reasonably supporting such costs. In connection with the
implementation of this provision, St. Luke's will reasonably cooperate with the Montvue Owners in
contracting with individual owners of property within the Montvue Subdivision for the acquisition of
the necessary right of way.
2. In the event the Montvue Owners change the internal road configuration of
Montvue Subdivision, such design change shall, to the extent reasonably feasible, discourage cut-
through traffic between St. Luke's Intersection on Eagle Road and the intersection on Franklin Road
served by the Touchmark Road.
3. The following conditions shall apply to the access hereby provided to the
existing Montvue Owners through the tie-in over St. Luke's Road, to the Intersection:
(a) No limitations shall apply so long as the LOS at the
Intersection remains at or above Level C.
(b) The Montvue Subdivision shall immediately be entitled to a
traffic level of up to 100 vehicle trips per hour exiting to the
Intersection over St. Luke's Road during the evening peak hour.
(c) The traffic level shall be increased to up to 150 vehicle trips
per hour exiting to the Intersection over St. Luke's Road during the
evening peak hour at such time as the additional northbound and
southbound lanes are placed in service between the northerly 1-84
ramps and the railroad tracks north of Franklin Road.
SETTLEMENT AGREEMENT - 5
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
(d) Any limitation on the number of vehicle trips per hour exiting
or entering the Intersection from or to Montvue Subdivision shall be
lifted at such time as the ACHD Improvements and Traffic
Improvements have been completed, including the construction of
dual left turn lanes and three through lanes on the northbound and
southbound approaches of Eagle Road at the Franklin Road
Intersection.
Any Montvue Owner whose development application is projected to entail traffic impacts that will
cause the limitations set out in Section 3(b) or 3( c) to be exceeded shall bear the financial obligation
for impact fees and other exactions imposed by governmental entities in order to ameliorate for such
impacts.
4. The parties shall work cooperatively, diligently, and in good faith with
jurisdictional governmental entities, including ACHD, the IDT, and the City of Meridian, to
accomplish the proposed roadway improvements at the earliest practicable date and to the greatest
extent possible with public funding. Notwithstanding the foregoing, St. Luke's, on the one hand, and
the developers of property located within Montvue Subdivision, on the other, shall be responsible for
those road improvements and/or impact fees assessed by ACHD with respect to either such party's
individual developments.
5. The Montvue Owners agree that those commercial uses marked with an "X"
on the attached excerpt from Meridian's existing Zoning Schedule of Use Control (Exhibit 4) will
not be allowed uses on their respective properties without the express prior written consent of
St. Luke's, which consent may be withheld in St. Luke's sole discretion. St. Luke's will not oppose
SETTLEMENT AGREEMENT - 6
021203 1500
::ODMAIGRPWISEIMT.MTPO.BOI_MT1 :413001.9
usage of the Montvue properties for those allowed commercial uses not marked with an "X" on
Exhibit 4.
6. The Montvue Owners and S1. Luke's agree to present to each other for review
and comment all future development proposals for their respective properties prior to the filing of
any development application, in order that the nondeveloping party's concerns might be considered
prior to finalization ofthe developing party's development plans and application.
7. No additional road improvements will be constructed south of the existing
road improvements on S1. Luke's property without the express written consent ofSt. Luke's, which
consent maybe withheld in S1. Luke's sole discretion.
8. All additional ingress/egress access points between the Montvue Subdivision
and Eagle Road hereafter constructed on any of the Montvue Owners' properties shall be limited to
"right in/right out" turns.
9. The Montvue Owners will not oppose any future phase ofSt. Luke's proposed
development that is in accordance with the attached master plan (Exhibit 3), provided that any
heliport or helicopter pad shall be located on the south side of the east-west centerline of the main
S1. Luke's buildings, excluding only any rooftop pads operated on such buildings, that S1. Luke's
will use its best efforts to minimize helicopter noise, and that S1. Luke's shall use its best efforts to
avoid Montvue Subdivision in its regular flight operations.
10. St. Luke's Road (including any expansion thereof constructed to accommodate
Montvue's development) will remain a private road, with the nonresidential Montvue Owners
sharing in any maintenance and liability insurance costs with respect to the same based on that
portion of the total usage of St. Luke's Road that is reasonably attributable to the property located
SETTLEMENT AGREEMENT - 7
021203 1500
::ODMAIGRPWISEIMT.MTPO.BOLMT1 :413001.9
within the Montvue Subdivision; provided, however, this provision shall be null and void in the
event that St. Luke's Road becomes a public road. Montvue Owners will be permitted to hook into
public utilities located in St. Luke's Road, provided that any construction shall be accomplished in
such manner as to minimize disruption oftraffic and shall be at the expense of the Montvue Owner
making the hook-up.
11. Both cases described in Recital C hereof will be dismissed with prejudice
upon recordation ofthis Agreement, with general releases of claims, including claims for costs and
attorney fees.
12. This Agreement shall be binding upon, and shall inure to the benefit of, the
parties, their respective heirs, successors and assigns.
13. The various provisions of this Agreement shall be subject to enforcement
through equitable principles, including by injunction.
14. In the event legal action is undertaken to enforce the terms ofthis Agreement,
the prevailing party shall be entitled to recover its attorney fees and costs, including those incurred
on appeal.
15. The parties acknowledge that not all of the owners of real property located
within the Montvue Subdivision have executed this Agreement and that those property owners not
signing this Agreement shall have none of the benefits, duties or burdens established under this
Agreement. Furthermore, the Montvue Owners executing this Agreement shall not assign, convey,
or otherwise provide any of the benefits established by this Agreement to any such nonexecuting
property owners
SETTLEMENT AGREEMENT - 8
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOLMT1 :413001.9
SENT BY; JIM ~O~ES & ASSOCIATES;
3B5 9599;
VAA.i4 C3 '1 :44A~;
PME 4
IN WITNESS WHEREOF, the pdrtics have e,\(:cuted ;his Agreement
ST. LUKI:'S REGIONAL MEDICAL
CENTER LTD.
MONTVUE W~E)(S:
~_?~---
. FF T. ADDY
"=.~7;'''~&Ll~ ~ .
~~DY
AkTLACH PROPERTfES L.P., an IdahQ limited
parln~rship
By. .~ -:/// .(;:2~P
~se M. Artad1 Partner
By
Mire
er
. ~?~ n/ lP~~~
16sE M. ARTlACH _
SF.TTLEME;\1'r AG!tEEMF~'f .9
02 1 7..J: 1500
'QOMA'GR~'1ISE'MT MTP(l eOUAT\:41J\;\;1 ';
IN WITNESS WHEREOF, the parties have executed this Agreement.
ST. LUKE'S REGIONAL MEDICAL
CENTE LTD.
By:
MONTVUE WNERS:
_ &!ztll/tU ~/,
STE ADDY
ARTIACH PROPERTIES L.P., an Idaho limited
partnership
By .~ #/ ~Lb~P
~se M. Artiach, Partner
By
~h, Partner
b// -n/ tP~~~".
roSE M. ARTIACH
SETTLEMENT AGREEMENT - 9
021203 1500
::ODMAIGRPWISEIMT.MTPO.BOLMT1 :413001.9
~~~ ~. ~{}~
STELLA G. HEIN
THE WES AND ROSIE HOALST FAMILY
TRUST, dated September 19, 1994, and reformed
and restated on August 5, 2002
By 1?""" '!!do ,,; , :;.1>>.. JAY
Rose Man Roa!s!, TruS~
By Xc%~
Weslee W. Hoalst, Trustee
W )7EE~ R01}L,~T ~_ u. .
D~~\~H6f~-\j
~d.7-." ~~~n~
~~2~s' TH_
SETTLEMENT AGREEMENT - 10
021203 1500
::ODMAIGRPWISEIMT.MTPO.BOI_MT1 :413001.9
y) f',D)
.....
_1t;;~7~
STUART W. RJPINETTE
~-p4a
ERICP.ROHR e
r~Cl&C1l~tl~, ~
MADONNA L. RUDDER
~1/,4/L
SCOTT W. RUDDER
~~~
PATRICIA RUYF
....
Q~m.Q.vJ~
THORA M.P. WILLIS
Z ~
-:.~
RICHARD M. WILLIS
SETTLEMENT AGREEMENT - 11
021203 1500
::ODMAIGRPWISEIMT.MTPO.BOLMT1 :413001.9
C \.~ > \_ ------.. \ I~
DENNIS DRAKE '-
0ok~m.,~
KATHR M. DRAKE
STATE OF IDAHO)
) ss.
County of Ada )
On thi~olf~ day of March, 2003, before me, Tresha Griffiths, personally appeared
DENNIS DRAKE and KATHRYN M. DRAKE, husband and wife, known or identified to
me (or proved to me on the oath of ), to be the persons whose names
are subscribed to the within instrument, and acknowledged to me that they executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
................. ~~ IDAHO
~.., ,\/\ GRIp .##.
........ ~s ........ Je'/ .'. Residing at Meridian, Idaho
~ ^"~ ... ... ~ ~
I l ~OT A~ t_ ... <.p" My Commission Expires: 6/15/06
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SETTLEMENT AGREEMENT - llA
021203 1500
STATE OF IDAHO )
) ss.
County of Ada )
~ }
On thi~ day of/lJ~ ,2003, before me~)A'4 &/ /I; 7:~,
personally appeared GARY L. FLETCHER, known or identified to me (or proved to me on the
oath of ) to be the Executive Vice President of ST. LUKE'S
REGIONAL MEDICAL CENTER, LTD., the Idaho non-profit corporation that executed the
instrument or the person who executed the instrument on behalf of said non-profit corporation,
and acknowledged to me that such non-profit corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
STATE OF IDAHO )
) ss.
County of Ada )
On thisJ"A day of /llau/J , 2003, before mo/'" res-~ 6/-/ /iLl M(
personally appeared JEFFREY T. ADDY, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
SETTLEMENT AGREEMENT - 12
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
On thi~ day of fY)ru /h ,2003, before m~~ i:rl 'f11 d ,
personally appeared STEPHANIE ADDY, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
bA)~
~~i~~:/J7~~~ ~
My Commission Expires & ~ ~
~......",
,.... ~~A Gll,;:"#'
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STATEOFIDAHO )
) ss.
County of Ada )
On this YT) day of /J1:u.d; ,2003, before me ~ ~ G/ TI? jik
personally appeared JOSE M. ARTIACH ll.l1d M~ t!. AIt"fIACH, known or identified to me
(or proved to me on the oath of ), to be the partners in the
partnership of ARTIACH PROPERTIES L.P., an Idaho limited partnership, and the partners who
subscribed said partnership name to the foregoing instrument, and acknowledged to me that they
executed the same in said partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day ~~.,mr.tn~bis certificate first above written.
",., s \\.tJ... C R ' ."'" ?
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........""...
SETTLEMENT AGREEMENT - 13
021203 1500
::ODMAIGRPWISEIMT.MTPO.BOI_MT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
Onthis~daYOfm~ ,2003,befOreme~<fkGIff;~ ,
personally appeared JOSE M. ARTIACH, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
....... """
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to... ~$ P Ill'.. ."""
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----.,
ST~ OF IDAHO )
~. ) ss.
County of A~ )
On~
personally appeared MIRE
oath of
instrument, and acknowledged to
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
~~
NOTARYPUBL ~IDAHO
Residing at /Jpz// ~
My Commission Expires - /ot
///
IN WIT S WHEREOF, ve hereunto set my hand and affixed my official
seal the day and year. this certificate first abov written.
/
/
./
//
,2003, before me
NOTARYPUBL
Residing at
My Commission Expires
SETTLEMENT AGREEMENT - 14
021203 1500
::ODMAIGRPWISEIMT.MTPO.BO'-MT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
Onthi~7A dayof/lb/~ ,2003,befOreme~}.,{GJm~ '
personally appeared CHARLET K. BENTZINGER, known or identified to me (or proved to me
on the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
NOTARYP
Residing at
My Commission Expires
STATE OF IDAHO )
) ss.
County of Ada )
Onthis%,7X dayof/J?tt~ ,2003,beforem~/~J~ G/Md,
personally appeared RONALD W. BENTZINGER, known or identified to me (or proved to me
on the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day an.Q.~is certificate first above written.
.; ..~,.. Gll/...;-'" ____ ~
~"4..<V ....:::\~' ~
~ 1...... ~ ~
i t\OT It.t r (fl \ .
~ * r:,-.- i * ~ NOTARY PUB RIDAHO
i ,p \. PUBL\C; i Residing a -
~ . ~ .. .. ~ C'"
~_ ~~ .... .....:'1.0 ...~ My ommISSIon ExpIres
-", .'1' .... ~....
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'",.......",1
SETTLEMENT AGREEMENT - 15
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
SENT BY: JI~ _ONES S ASSOCIATES;
~95 9599;
\lAR.14C3 ~ 1 :43A~";
~AGE 3
STATE OF OREGON )
v\e ) 5S.
County OfHbe::c~~)
On the -.-i4 day of March, 2003, before me, the undersigned, a Notary Public; in
and for the State of Oregon, personally appeared JELINDA S. CARPENTER, knO\"IIl or
identified to me to be the person whose name IS subscribe-d to the foregoing instrument and
acknowledged to me that he executed the same.
ll\ WITNESS 'WHEREOF, I have hereunto set my hnd and affixed my official seal
on the day and year in this c;:rtificate first above written.
W?r&-!A J ~~
Notary Public for Oregon
Residing at:51..~~-:5 0 e.
My Commiss1On Expires:
It OFACIAl SEAL
MARCEl I. FORIIS
NOTARY PUBLIC-OREGON
-' COMMISSION NO. 349263
(St 1) MY COMMlSSm mflES NOVEMBER 11. 2005
STA TE OF OREGON
County of ~u.:t.os
)
) SS.
)
On the ~ day of March, 2003, before me, the uudersigned, a Notary Public in
and for the State of Oregon, personally appeared RJCHARD L. CARPENTER, known or
id~r:tified to me to be the person whose name 1$ subscribed to the foregoing instmment and
acknowt~dged to me that he execllted tbe sanlt.
IN WITNESS WHEREOF, f have hereunto set mv hand and affixed my offtcia1 seal
,
on the day and -rear in this certificate first above written.
Notary Public for (egon
Residing at: _ . OL-
My Commission Expires: IV6/) 17r!){!V':/
. OFFICIAL SEAL
KIMBERLY HUELTER
: ; NOTARY PUBLIC. OREGON
\" ./ COMMISSION NO. 339766
..... MY COMMISSIOI EXPIIES NOV. 17. 2004
(sea
SEITLEMENT A(,REHMBNT- 16
021201 1500
STATE OF IDAHO )
) ss.
County of Ada )
Onthis/d dayor/lb-uL; ,2003,beforem~A~7774 ,
personally appeared JANET B. CLARK, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and ~llI~.ertificate first above written. ~
." S~~ GRIPJ>.'#"" -----
,~~ ~~'##~ !~ ~
! I.;, ~OTA~r ~ \
! * _._ *;; NOTARYPUBL ~IDAHO
\ JOl1BL\C J j Residing at ~/ ~
~~ ..;'0 l My Commission Expires ~~
" -1l'. .. ~ ....
." "8 OF \~ t:..........
........."........
STATE OF IDAHO )
) ss.
County of Ada )
On this? j;{ day of/J?a .I ~ , 2003, before me~s4G/ J?; d ,
personally appeared LORAN J. CLARK, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
SETTLEMENT AGREEMENT - 17
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
On this~ day of A/IbeC/-I ,2003, before me&Bl/d41'L.f}L~RA-Af/
personally appeared GLENN L. GRIFFITHS, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
~ d/..q/YOMNZ/
N ARY PUBLIC FOR IDAHO
Residing at ..3:;/ K ~
My Commission Expires 'd3-Q\
GLENDA HILDEBRANDT
NOlar: PUhlic
Statl:' of Idaho
STATE OF IDAHO )
) ss.
County of Ada )
On this?A day of #NcIL ,2003, before me~~/!/A,L,hf)l::?1dt'~
personally appeared TRESHA GRIFFITHS, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
~ d~h_a'/
N . ~Y P~C FOR IDAHO
ResIdmg at rae.:z:?)
My Commis~ion Expires /e:/.d3-or
GLENDA HILDEBRANDT
Notar: Puhlic
Stall:' of Idaho
SETTLEMENT AGREEMENT - 18
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
On this 1'7) day of/1)OJ~b ,2003, before meP I ~ sk GI Tb.YL ,
personally appeared AUGUST M. HEIN, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
,","",,,,,
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STATE OF IDAHO )
) ss.
County of Ada )
On thisgT~ day of$h (. dJ ' 2003, before me~ (4 ~ ;r:b ;/~ ,
personally appeared STELLA G. HEIN, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
I:/J~)~
NO!~Y p~ ~ID.AHO
ReslClmg at '/ 0 ~ ~
My Commission Expires r ~ ~
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SETTLEMENT AGREEMENT - 19
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
STATEOFIDAHO )
) ss.
County of Ada )
On this yd dayof/Jl'l-//LJ , 2003, befOreme~(~ &/-/jL;,7{; ,
personally appeared ROSE MARIE HOALST and WESLEE W. HOALST, known or identified
to me (or proved to me on the oath of ), to be the persons
whose name are subscribed to the within instrument as Trustees of THE WESS AND ROSIE
HOALST FAMILY TRUST, dated September 19, 1994, and reformed and restated on August 5,
2002, and acknowledged to me that they executed the same as such Trustees of THE WESS
AND ROSIE HOALST FAMILY TRUST, dated September 19, 1994, and reformed and restated
on August 5, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
---
~"a~
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NOTARY PUB
Residing at
My Commission Expires
STATEOFIDAHO )
) ss.
County of Ada )
On thiS%/,{ dayof/J}~ , 2003, beforem~/~;;.J~?If7L/d
personally appeared ROSE MARIE HOALST, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and veaoml1iW~ certificate first above written.
~"""d A'"
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SETTLEMENT AGREEMENT - 20
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
On this fA day or/lk-<.dJ ,2003, before me..... k<: i &--/ fflIL ,
personally appeared WESLEE W. HOALST, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
sem ilie day and ye:;::.::ficate first ab~tten~.~
~..~~~~A GIl/p...... ~
I ~r::.......~~.\ NOT. AR. Y P~L ~IDAHO
! ~OT~.b 't\ ~
· .. .. J-': Resuhng at '4 ~
i P ....- ; * i My Commission Expires' :.17~ ~
\ ~~\. lIBLIC l =
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"........""..
STATE OF IDAHO )
) ss.
County of Ada )
On thisYJ'J day or/Y,hu ./..6 ,2003, before me I/'eJ4 &:/ r:h.7'l ,
personally appeared DON WAYNE HOLLINGSWORTH, known or identified to me (or proved
to me on the oath of ), to be the person whose name is subscribed to the
within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
{!A.........,.
~~,.. GRI;;...#.
A....~ '-?~ '\
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.,.........
SETTLEMENT AGREEMENT - 21
021203 1500
::ODMAIGRPWISEIMT.MTPO.BO'-MT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
onthisyA dayofllrd) ,2003,befOreme~(~ G-/'f7t;4,
personally appeared ROBIN HOLLINGSWORTH, known or identified to me (or proved to me
on the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
NOTARYP
Residing at
My Commission Expires
County of Ada
On thiJ7X day of//h / //) , 2003, before me~f ~ &/ rh Jl ,
personally appeared FORREST J. KEIRNES, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
7~.i2~
~~~~~tm/<;~ID~r ~
My Commission Expires~ - / t
r
....... ........
",.... ~\\A Oil .....
,....~~ ~:t.Pb .....
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.......n..""
SETTLEMENT AGREEMENT - 22
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
On this~ day of /JJauLJ , 2003, before me~s? &I..J1:i.I;l
personally appeared LINDA J. KEIRNES, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
........S..H..""', ~~
.... ,\~f, A 0'",
.'" ;..---....... ..... ~ ~.
~ .. '" .... ~ "-
Lt.- ::~~~.\~\ ~~IDAHO ,
:,.;: & ... - r",: ~ -
: .". .. J) .: My Commission Expires '/5 /0.-'
\ .A.A\ l..Ie l.. I (
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STATEOFIDAHO )
) ss.
County of Ada )
Onthi~daYOf,/J}t2uL) ,2003,beforeme~l~ &-187/ir ,
personally appeared JUSTIN REISWIG, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
-~
~f0L1
NO!~YP~ ~IDAHO
Resldmg at 0 ~ iz
My Commission Expires / ../~
SETTLEMENT AGREEMENT - 23
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOLMT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
On this 9d day of~./h , 2003, before m~~ c::;;; Th,1iJ ,
personally appeared THERESA REISWIG, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
1""" .......
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'1"': Op It) ~~",.~
'I.. I"
STATE OF IDAH~''')
) ss.
County of Ada )
NOTARYPUBL
Residing at
My Commission Expires
On this%7-< day of /J)t2Lth ,2003, before me ~5A~; C-/ f};~ ,
personally appeared JACKIE L. ROBINETTE, known or identified to me (or proved to me on
the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
SETTLEMENT AGREEMENT - 24
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
Onthis~daYOf~.I..cb ,2003,beforeme~~ ~/f)d ,
personally appeared STUART W. ROBINETTE, known or identified to me (or proved to me on
the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
~)~
NOTARY p~~~ IDAHO
Reslllmg at ~ 1
My Commission Expires ') / O~
I
........... .
.... '"
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## P IDAtlO "
'" p ,--
"'" ..,.-
STATE OF IDAHO )'...
) ss.
)
County of Ada
On thiJ7X day of jJJCu/~ ,2003, before m~ ffes~ 4'/ #; YL
personally appeared ERIC P. ROHR, known or identified to me (or proved to me on the oath of
), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
""-----
SETTLEMENT AGREEMENT - 25
021203 1500
NOTARYP
Residing at
My Commission Expires
::ODMA\GRPWISE\MT.MTPO.BOLMT1 :413001.9
STATEOFIDAHO )
) ss.
County of Ada )
On thistf~ day of/l}:;.-/ ./-<-7 , 2003, before me~ (~ &-/ /7/;-L ,
personally appeared MADONNA L. RUDDER, known or identified to me (or proved to me on
the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
--~
O.u~)_
~~~d~~t41:Zio 9
My Commission Expire~ 0 ~
;..........,
,~~t.. GRlJOt~ ..~
ij~~ ~~\
I~ (fl"
E ~OTAIl~. \
. . .
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STATE OF ID~~:S OF \V~,~""
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County of Ada
On this r:d day of flJu./ ..//; ,2003, before me /:~ G/,M.y.L
personally appeared SCOTT W. RUDDER, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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My Commission Expires"" l6
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SETTLEMENT AGREEMENT - 26
021203 1500
::ODMAIGRPWISEIMT.MTPO.BOI_MT1 :413001.9
STATE OF IDAHO )
) ss.
County of Ada )
On thiJ/% day of/JJ2u h ' 2003, before m~J~ &-/ /'i7 l-J '
personally appeared PATRICIA RUYF, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that she executed the same.
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STATE OF IDAHC5...,........'
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County of Ada )
On thisy7) day ovJJ~ ,2003, before m~ ~Ji G/ ff~
personally appeared THORA M.P. WILLIS, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
~t~~o~
My Commission Expires s;
SETTLEMENT AGREEMENT - 27
021203 1500
::ODMAIGRPWISEIMT.MTPO.BOLMT1 :413001.9
STATEOFIDAHO )
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County of Ada )
On this~ day of/'J'):u~/; , 2003, before me 77PJ~ ~ ;L;(I-.b ,
personally appeared RICHARD M. WILLIS, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first a~tten. ~
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My Commission Expires -0
SETTLEMENT AGREEMENT - 28
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOLMT1 :413001.9
EXHIBIT 1
Legal Description of St. Luke's Property
A parcel ofland located in the NW ~ of Section 16, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest comer of Section 16, Township 3 North, Range 1 East, Boise
Meridian; Thence S 00030'52" E 1331.39 feet along the west line of said NW ~ to a point;
Thence S 89035'25" E 69.59 feet to a point on the easterly right-of-way of Eagle Road, the
REAL POINT OF BEGINNING of this description;
Thence continuing S 89035'25" E 941.72 feet to a point;
Thence N 00020'17" W 2.21 feet to a point;
Thence S 89026'11" E 738.37 feet to a point;
Thence S 44054'04" E 430.35 feet to a point;
Thence S 00000'00" E 1024.38 feet to a point on the northerly right-of-way of 1-84;
Along said northerly right-of-way as follows:
Thence N 85044'30" W 697.56 feet to a point;
Thence N 85045'10" W 438.46 feet to a point;
Thence S 89009'38" W 758.53 feet to a point;
Thence leaving said northerly right-of-way N 46013'58" W 142.42 feet to a point on the easterly
right-of-way of Eagle Road;
Along said easterly right-of-way as follows:
Thence N 00050'36" W 394.41 feet to a point;
Thence S 89009'24" W 5.00 feet to a point on a curve;
Thence along a curve to the right 432.62 feet, said curve having a radius of 5659.58 feet, a
central angle of 04022'47", tangents of216.42 feet, and a chord which bears N 01020'47" E
432.52 feet to a point of reverse curvature;
Thence along a curve to the left 342.87 feet, said curve having a radius of 5799.58 feet, a central
angle of 03023'14", tangents of 171.48 feet, and a chord which bears N 01050'33" E 342.82 feet
to the REAL POINT OF BEGINNING of this description, comprising 57.34 Acres (2,497,634
SF), more or less.
SETTLEMENT AGREEMENT - 29
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOLMT1 :413001.9
EXHIBIT 2
Legal Descriptions of Montvue Owners' Property
Addy Parcel:
Lot 1 in Block 3 of MONTVUE PARK SUBDNISION, according
to the official plat thereof, filed in Book 17 of Plats at Page 1107,
records of Ada County, Idaho.
Artiach Properties Parcels:
A parcel of land being on the Easterly side of the Easterly right of
way line of Eagle Road, Project No. F-FR-3271 (044) Highway
Survey as shown on the plans thereof now on file in the Office of
the Idaho Transportation Department, and being a portion of
Lots 5, 6, 7 and 8 in Block 5 of MONT VUE PARK, according to
the official plat thereof filed in Book 17 of Plats at Page 1107,
records of Ada County, Idaho, described as follows, to-wit:
Beginning at the Southeast comer of Lot 5 in Block 5 of said
MONTVUE PARK, Ada County, Idaho; thence
North 89 Degrees 17'22" West along the South line of said Lot 5, a
distance of 150.0 feet, more or less, to a point in a line parallel with
and 70.0 feet Easterly from centerline and opposite station
49+81.00 of said Eagle Road, Project No. F-FR-3271 (044)
Highway Survey; thence along said parallel line as follows:
Northerly along a 5799.58 foot radius curve right - 62.55 feet to a
point opposite station 50+43.03 of said Highway Survey;
North 0 Degrees 21'40" West - 556.76 feet to a point which bears
North 89 degrees 38'20" East from Station 55+99.79 of said
Highway Survey; thence
North 89 Degrees 38'14" East leaving said parallel line 100.0 feet
to a point in a line parallel with and 170.0 feet Easterly from the
centerline and opposite station 55+99.79 of said Highway Survey;
thence
North 0 Degrees 21'40" East along said last parallel line
221.89 feet to a point in the North line Lot 8 of said Block 5 and
opposite station 58+20.60 of said Highway Survey; thence
Southeasterly along said North Line 45.0 feet, more or less, to the
Northeast comer of said Lot 8; thence
SETTLEMENT AGREEMENT - 30
021203 1500
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Southerly along the east line of Lots 8, 7, 6, and 5 of said Block 5,
a distance of837.25 feet, formerly 800.00 feet) to the place of
beginning.
Bentzinger Parcel:
Lot 8 in Block 1 of MONTVUE PARK, according to the Official
Plat thereof, filed in Book 17 of Plats at Page(s) 1107, records of
Ada County, Idaho.
EXCEPT THE FOLLOWING TWO PARCELS:
EXCEPTED PARCEL 1
COMMENCING at the Southeasterly corner of said Lot 8, thence
North 80 degrees 12' West along the South line of Lot 8, a distance
of203.0 feet, thence North a distance of 140.21 feet to a
point on the North line of Lot 8, that is
North 74 degrees 03' West a distance of 189.35 feet, more or less
from the Northeasterly corner of said Lot 8, thence
South 74 degrees 03' East a distance of 189.35 feet, more or less
along said line to the Northeasterly corner of Lot 8, thence
South 8 degrees 18' East a distance of 124.20 feet along the East
line of Lot 8 to the Southeast corner of Lot 8, the REAL
POINT OF BEGINNING.
EXCEPTED PARCEL 2
A parcel ofland being on the Easterly side of the centerline of
Eagle Road, Project No. F-FR-3271 (44) Highway Survey as
shown on the plans thereof, now on file in the Office of the Idaho
Transportation Department Division of Highways, and being a
portion of Lot 8 in Block 1 of MONT VUE PARK, according to the
Official Plat thereof, filed in Book 17 of Plats at Page 1107,
records of Ada County, Idaho, described as follows, to-wit:
BEGINNING at the Southwest corner of Lot 8 in Block 1 of said
MONTVUE PARK, Ada County, Idaho, which bears
North 89 degrees 38'20" East a distance of30.01 feet from station
60+32.62 of said Eagle Road, Project No. F-FR-327 (44)
Highway Survey, thence
North 0 degrees 21 '46" West (shown of record to be North) along
the West line of said Lot 8, a distance of 115.45 feet to the
Northwest corner thereof which bears
SETTLEMENT AGREEMENT - 31
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
North 89 degrees 38'20" East a distance of 30.00 feet from station
61+48.07 of said Highway Survey, thence
South 89 degrees 19'46" East (shown of record as South
88 degrees 58' East) along the North line of said Lot 8 a
distance of 40.0 feet to a point in a line parallel with and
70.0 feet Easterly from the centerline of said Highway
Survey, thence
South 0 degrees 21 '40" East along said parallel line a distance of
121.64 feet to a point in the South line of said Lot 8, thence
North 80 degrees 33'46" West (shown of record to be North
80 degrees 12' West) along said South line a distance of
40.59 feet to the PLACE OF BEGINNING.
Carpenter Parcel:
Lot 1 in Block 5 of MONTVUE PARK SUBDIVISION, according
to the Official Plat thereof, filed in Book 17 of Plats at
Page(s) 1107, records of Ada County, Idaho.
Carpenter Parcel:
Lot 9 in Block 1 of MONTVUE PARK, according to the Official
Plat thereof, filed in Book 17 of Plats at Page 1107, Official
Records of Ada County, Idaho.
Carpenter Parcel:
Lot 12 in Block 1 of MONTVUE PARK, according to the Official
Plat thereof, filed in Book 17 of Plats at Page 1107, records of Ada
County, Idaho.
Clark Parcel:
The North 121 feet ofthe South 261 feet of Lot 1 in Block 4 of
MONTVUE PARK, according to the official plat thereof, filed in
Book 17 of Plats at Page 1107, records of Ada County, Idaho.
Griffiths Parcel:
All that portion of Lot 1 in Block 2 of MONT VUE PARK,
according to the official plat thereof, filed in Book 17 of Plats at
Page 1107, records of Ada County, Idaho, being more particularly
described as follows:
SETTLEMENT AGREEMENT - 32
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOLMT1 :413001.9
Beginning at the Northwest comer of said Lot 1; thence
South 80012' East 181.00 feet to the TRUE POINT OF
BEGINNING; thence
South 80012' East 181.35 feet; thence
South 0012' West 172.60 feet; thence
North 63052' West 177.48 feet; thence
Northerly 128.0 feet more or less to the TRUE POINT OF
BEGINNING.
Hein Parcel:
South 205 feet of Lot 9 in Block 5 of Montvue Park Subdivision,
according to the plats thereof filed in Book 17 of Plats at
page 1107, records of Ada County, Idaho.
Hoalst Trust Parcel:
The West 140 feet of Lot 3 in Block 5 of MONTVUE PARK
SUBDIVISION, according to the official plat thereof, filed in
Book 17 of Plats at Page 1107, records of Ada County, Idaho.
Hollingsworth Parcel:
A portion of Lot 8, Block 1, MONTVUE PARK, according to the
official plat thereof, filed in Book 17 of Plats at Page 1107, records
of Ada County, Idaho, more particularly described as follows:
Commencing at the Southeasterly comer of said Lot 8; thence
North 80012' West along the South line of Lot 8, a distance of
203.0 feet; thence
North, a distance of 140.21 feet to a point on the North line of
Lot 8, that is North 74003' West, 189.35 feet more or less from the
Northeasterly comer of said Lot 8; thence
South 74003' East, 189.35 feet more or less along said line to the
Northeasterly comer of Lot 8; thence
South 8018' East, 124.20 feet along the East line of Lot 8 to the
Southeast comer of Lot 8, the REAL POINT OF BEGINNING.
Keimes Parcel:
The North 122 feet of Lot 2 in Block 4 of MONT VUE PARK,
according to the Official Plat thereof, filed in Book 17 of Plats at
Page(s) 1107, records of Ada County, Idaho.
SETTLEMENT AGREEMENT - 33
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
Keirnes Parcel:
Lot 3 in Block 4 of MONT VUE PARK, according to the official
plat thereof, filed in Book 17 of Plats at Page 1107, records of Ada
County, Idaho.
Reiswig Parcel:
Lot 10 in Block 5 of Mont vue Park Subdivision, according to the
plat thereof, filed in Book 17 of Plats at page 1107, records of Ada
County, State of Idaho.
Robinette Parcel:
Lot 10 in Block 1 of Montvue Park Subdivision, according to the
plat thereof, filed in Book 17 of Plats at Page 1107, Records of
Ada County, Idaho.
Rohr Parcel:
Lot 11 in Block 1 of lot line adjustment survey no. 3686, recorded
October 10, 1996, as Instrument No. 96085159, being a portion of
Lots 10 and 11 in Block 1 of Montvue Park Subdivision, according
to the Official Plat thereof, filed in Book 17 of Plats at Page 1107,
Records of Ada County, Idaho.
Rudder Parcel:
The South 140.0 feet of Lot 1, Block 4, MONTVUE PARK,
according to the official plat thereof, filed in Book 17 of Plats at
Page 1107, Records of Ada County, Idaho.
Ruyf Parcel:
Lot 2 and the East 40 feet of Lot 3 in Block 5 of MONTVUE
PARK, according to the Official Plat thereof, filed in Book 17 of
Plats at Page 1107, Official records of Ada County, Idaho.
Drake Parcel:
Lot 2, except the North 122 feet thereof, in Block 4, MONTVUE
PARK SUBDIVISION, according to the official plat thereof filed
in Book 17 of Plats at Page 1107, records of Ada County, Idaho.
SETTLEMENT AGREEMENT - 34
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
Willis Parcel:
Lot 3, Block 5 of MONTVUE PARK, according to the plat thereof,
filed in Book 17 of Plats at Page 1107, records of Ada County,
Idaho. Except the West 140 feet thereof. Also except the East
40 feet thereof.
SETTLEMENT AGREEMENT - 35
021203 1500
::ODMAIGRPWISEIMT.MTPO.BOI_MT1 :413001.9
EXHIBIT 3
St. Luke's Meridian Medical Center, Ltd.
Master Plan Summary
The following information includes existing facilities and is based upon approximately sixty (60)
acres (plus or minus):
1) Existing gross building area: 524,250 square feet.
2) Total gross building area: Not more than 1,500,000 square feet.
3) Total number of buildings located at the SLMMC: Not more than 10 (excluding parking
garages).
4) Future building types/uses: Not more than two additional hospital buildings, five
additional medical office buildings, and four auxiliary medical buildings.
5) Total number of parking garages: Not more than three.
6) Total gross parking garage area: Not more than 800,000 square feet.
7) Maximum number of parking spaces: 3,500.
8) Maximum number of stories for any building: As limited by local zoning requirements.
9) Maximum height of existing buildings: Medical office buildings, 58 feet; hospital
building, 117 feet (no additional floors will be constructed on any existing building).
10) Proposed height of future buildings: Consistent with existing buildings.
11) Proposed location of rooftop heliport: Rooftop of new hospital building, which is
planned to be constructed east of existing hospital building.
12) Heliport location(s): Roof on future hospital building and/or south side of St. Luke's site.
13) Services to be provided include, but are not limited to:
Emergency Department
Inpatient Medical-Surgical Beds
Inpatient and Outpatient Surgery
Child Birth Services
Pediatric Services
Critical Care Unit
SETTLEMENT AGREEMENT - 36
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI_MT1 :413001.9
Cardiac Services
Diagnostic Services
Rehabilitation Services
Occupational Health
Pharmacy
Breast Care Center
Mountain States Tumor Institute
Physician Offices
Daycare Services
Support Services
SETTLEMENT AGREEMENT - 37
021203 1500
::ODMAIGRPWISEIMT.MTPO.BOLMT1 :413001.9
SETTLEMENT AGREEMENT - 38
021203 1500
EXHIBIT 4
Montvue Commercial Uses
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