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Home My WebLink AboutTen Mile Square Subdivision PFP AppWILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A GOO(I P1aCe to LIVe WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicte/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 1, 1997 TRANSMITTAL DATE: 3f18/97 HEARING DATE: 4/8/97 REQUEST: Preliminary/Final Plat for Ten Mile Square BY: Albertsons's Inc. LOCATION OF PROPERTY OR PROJECT: Southwest corner of Cherry Lane and Ten Mile JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P2 KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, G/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT} U.S. WEST (PRELIM. 8~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: PACIFIC 960 Broadway Ave., Suite 312 Boise, Idaho 83706 Creative Solutions ... Superior Service (208) 342-5400 •Planning •Surveying •Environmental Fax (208) 342-5353 • Engineering • Landscape Architecture Services To: ~y~A~- ~ -J~ ~ G- G ~~ ILL q -.~ 1a ~ UCs ~ ~,. ~C,-j'o ~. G ~~~/ o~ lr/ti£ t~-1 fa 1 ~IJ PLEASE NOTIFY US IMMEDIATELY AT (208) 342-5400 IF THERE ARE ANY PROBLEMS RECEIVING THIS TRANSMISSION We Are Sending: These Are Transmitted: L~'Attached ^ For Your Info/File /^ Facsimile ^ As Requested - Number Of Pages Including Cover ^ For Review And Comment ^ ^ Copied To: Copies Description ~o ~.L i lt~ t ~~- a.l.,. ~ lG ?i~ _._ __ ~t~- ~O1'~'~ _ S- ~~ r L ~ Q ~ ~ F,~ O~ c ,j xp S{ Z -3 7 - J Comments ', S ~. -~ ~, ~i o~QL i i n n Date: 3 - ~ ~ ~ 9 Project Number: 1~`j~ -~ 0~4~{ Project Name: ~~,,Q,f ~ Sa~S Regar~,~N 1?/IIL.tfr, ~ (il,~i~2aE., Signed Mr. and Mrs. Wallace D. Lovan • Mr. and Mrs. Cart M. Barbee 'I ~ Dollcenia Little 2070 Interlachen Way 6830 Butte CL 3286 Sugar Creek Drive Meridian, ID 83642 Boise, ID 83704 '', Meriden, ID 83642 Mr. and Mrs. Tyrone C. Pollard 3280 Sugar Creek Drive Meridian, ID 83642 L. Jean Patterson 3349 Sugard Creek Drive Meridian, ID 83642 Mr. and Mrs. Michael J. Lindquist Elayne M. Olds 2351 E. Grapewood Drive Meridian, ID 83642 Mr. and Mrs. Christopher Casey 3476 W. Fir Creek Court Meridian, ID 83642 Mr. and Mrs. Daniel Christman 3416 W. Elm Creek Drive Meridian, ID 83642 Mr. and Mrs. Robert Higgins 1400 N. Oak Creek Way Meridian, ID 83642 Mr. and Mrs. Michael J. Berard 1399 N. Oak Creek Way Meridian, ID 83642 Deanna L. Stallings 1298 N. Cliff Creek Place Meridian, ID 83642 Mr. and Mrs. L. Mark Wright 3287 Sugar Ctak Drive Meridian, ID 83642 Mr. and Mrs. Douglas L. 3369 Sugar Cnedc Drive Meridian, ID 83642 Mr. and Mrs. H®ward Brown 3459 Sugar Creek Drive Meriden, ID 83642 Michael Virden & Micki 3487 W. Fir Cheek Ct. Meridian, ID 83642 Mr. and Mrs. Jeffrey Lyon 3398 W. Elm Creek Drive Meridian, ID 83642 Mr. and Mrs. I1tichael Robey 1378 N. Oak Geek Way Meridian, ID 83642 Mr. and Mrs. Danis Hansen 13 5 2 N. Cliff Creek Place Meridian, ID 83642 Mr. and Mrs. David D. Cook 3220 W. Park Creek Drive Merdian, ID 83642 Mr. and Mrs. Claude K. Mixon 3281 Sugard Creek Drive Meridian, ID 83642 Charles Huth & Katherin Fithen 3419 Sugard Creek Drive Meridian, ID 83642 L and R Sales PO Box 36 Caldwell, ID 83606 Mr. and Mrd. Marshall Williams 2830 Duane Drive Meridian, ID 83642 Mr. and Mrs. David Robey 1418 N. Oak Creek Way Meridian, ID 83642 Mr. and Mrs. Lowell Lauber 3431 W. Elm Creek Drive Meridian, ID 83642 Mr. and Mrs. Gregg Lacher & Mr. and Mrs. Gary Lacher 1330 N. Cliff Creek Place Meridian, ID 83642 Rods Parkside Creek Homeowne Association, Inc. 1032 W. Finch Drive Nampa, ID 83651 Mr. and Mrs. Joseph Stallings Mr. and Mrs. ~ L. Harrison', Stonehouse Evangelical Corp 3293 W. Park Creek Drive 1300 N. Ten 11~e Road ', 1450 N. Ten Mile Road Meridian, ID 83642 Meridian, ID 83642 ~!, Meridian, ID 83642 Huit 1992 Revocable Trust 1460 N. Ten Nile Road Meridian, ID 83642 Southern Idaho Corporation Seventh Day Adventisst 7777 Fairview Avenue Boise, ID 83704 U Latter Day Saints Church of Jesus Christ 50 E. North Temple Salt Lake City, LJT 84150 Mr. and Mrs. Marshall 2930 Duane Drive Meridian, ID 83642 Mr. and Mrs. Robert Reynolds 5036 Bel Air Street Boise, ID 83705 eridian, Idaho 83642 • 888 -44~ ~usTOmer s / ~ ~ j~• ~ Order No. Date < 19 f" i r Name I '' Address I~' Phone: SOLD BY CASH C.O.D. CHARGE ON jACCT. MDSE. RETD. PAID OUT ~~ . ~ ~ l~ ~~ I 1 1 ~ ~ l \ Y 1 - ~~ -, ~ a;~ _ ii i ~ ~ ' ~~ I 1 1 1 All claims and returned goods MUST be companiet~ y this bill. 1 Tax 00731,1 Bycei d t TOTAL 3~9 i,~. G5~202~2 ~ PRINTED IN U.S.A AMOUNT PACIFIC, INC. 960 BROADWAY AVENUE, SUITE 312 BOISE, ID 83706 (208) 342-5400 PAY THREE HUNDRED SEVENTY NINE AND 70/100 DOLLARS TO THE g' ORDER OF 0 S. C .T ONE BANK, IDAHO, N.A. BOISE, ID 83707 92-1-1241 DATE ITY OF MERIDIAN ~ 3/13/97 11'00400411' ~: L Z4 L000 L9~: L L0035 2 ~3037u' 400 $379.70 ~n .. L~ CONDITIONAL DECLA.RA THIS CONDITIONAL DECLARATION OF EASEIVVIENNTS ("Declaration") is made and executed as of the by Albertson's, Inc., a Delawaze corporation ("Albertson's 1 PRELIMINARY OF AND GRANT OF day of , 1996, 1.1 Definitions: (a) "Albertson's": Albertson's, Inc., ja Delaware corporation, together with any corporation succeeding thereto- by consolidation, merger or acquisition of its assets substantially as an entirety, and any wholly owned subsidiary th~reof, anal whose current address is 250 Pazkcenter Boulevard, Post Office Box 20, Boise, Idaho 83726. (b) "First Parry": The Owner of Pa (or if there is more than one Owner, all of the Owners of F (c) "Owner": The recozd holder Pazcel is hereinafter defined), its heirs, personal representat (d) "Parcel": Parcel 1, 2 or 3 as particularly described in Schedule I attached hereto and incc (e) "person" : Individuals, corporations, trusts, governmental agencies, administrative business or legal entity. - (f) "Restrictions": The easements, encumbrances contained in this Declazation. 1.2 Parties: First Party is the Owner of Owner of Parcels 1 and 2. The Parcels are located at the of West Cherry Lane and Ten Mile Road in the City of 3 or their successors in interest ;e13) . fee simple title to a Parcel (as successors and assigns. on Exhibit "A" and more herein by this reference. firms, associations, or any other form of restrictions, liens and 3, and Albertson's is the corner of the intersection County of Ada, State of Idaho. CONDITIONAL DECLARATION OF - Page 1 RESTRICTIONS AND GRANT OF EASEMENTS ABS #180 - Meridisa, ID MMBtC 125.372 08/28/96 .t ! • 2 EASIlV1~vTS 2.1 First Party Easement: Albertson's, as grantor, does hereby grant, bargain and sell to First Party, as grantee, and its successors and assigns, for the benefit of Parcel 3, a non-exclusive easement for ingress and egress for vehicular traffic upon, over and across that portion of Parcel 2 shown on Exhibit "A" as the "Access Easement" and more particulary described on Schedule II attached hereto and made a part hereof.. This easement shall be limited to use by First Parry and its successors, assigns, tenants and invitees solely for the ingress and egress of vehicular traffic to and from Parcel 3 to and from West Cherry Lane. Albertson`s may make any use of the Access Easement which will not unreasonably interfere with or restrict the allowed use of the First Parry and its successors, assigns, tenants and invitees. Albertson's shall have the right (and hereby reserves the right) to reconfigure or relocate the easement herein granted to any other reasonable configuration or location on Pazcels 1 and 2 so long as reasonably equivalent ingress and egress is provided. Any improvements constructed on the Access Easement (including, without (imitation, paving and curb cuts) shall be constructed and maintained by Albertson's at its sole cost and expense, to the standards by which Albertson's constructs and maintains any other drive aisles located on Parcel 2. 2.2 Albertson's Easement: First Party, as grantor, does hereby grant, bazgain and sell to Albertson's, as grantee, and its successors and assigns, for the benefit of Pazcels 1 - and 2, anon-exclusive easement for ingress and egress for vehicular traffic upon, over and across Parcel 3. The easement shall be twenty-five feet (25') in width, and shall be located as reasonably determined and designated by First Party, provided that such easement shall afford and provide reasonable vehicular access from Parcel 2 to West Cherry Lane. This easement shall be limited to use by Albertson's and its successors, assigns, tenants and invitees solely for the ingress and egress of vehicular traffic. First Parry may make any use of the area of this easement which will not unreasonably interfere with or restrict the allowed use of Albertson's and its successors, assigns, tenants and invitees. First Party shall have the right (and hereby reserves the right) to reconfigure or relocate the easement herein granted to any other reasonable CONDTTIONAL DECLARATION OF - Page 2 RESTRICTIONS AND GRANT OF EASEMENTS ABS ff 180 -Meridian, ID MM&C 125.372 08/28/96 co~guration or location on Parcel 3 so long as reasonably equivalent ingress and egress is provided. Any improvements constructed on the easement hereby established (including, without limitation, paving and curb cuts) shall be constructed and maintained by First Parry at its sole cost and expense, to the standards by which Albertson's constructs and maintains the drive aisles located on Parcel 2. Notwithstanding the foregoing, Albertson's may construct driveway improvements over and across the area of easement hereby established, provided that such improvements have not already been constructed by First Parry, and that Albertson's obtains the prior approval of First Party of the plans and specifications for such proposed improvements, and provided Albertson's pays the entire cost of construction of such improvements. 3 INSITRANCE 3.1 Insurance: First Party shall at all times provide and maintain or cause to be provided and maintained commercial general liability insurance insuring Albertson's and any successor in interest to Parcels 1 or 2, and all tenants thereon a,Qainst claims for personal injury, bodily injury or death and property damage or destruction, occurring in or arising out of the use of the easement hereby granted by Albertson's or improvements constructed thereon. The limits of Liability of such insurance shall be not less than $2,000,000.00 for personal injury or bodily injury or death of any one person, $2,000,000.00 for personal injury or bodily injury or death of more than one person in one occurrence and $500, 000.00 with respect to damage to or destruction of property; or in lieu of such coverage, a combined single limit (covering personal injury, bodily injury or death and property damage or destruction) with a limit of not Less than $2,000,000.00 per occurrence. Such insurance shall,be written with an insurer licensed to do business in Idaho. The persons or entities hereby required to provide such insurance shall provide to Albertson's or Albertson's successor in interest a certificate of insurance evidencing existence of the required insurance. Such insurance policy shall provide that the insurance represented by such certificate shall not be canceled or materially changed without the giving of thirty (30) days prior written notice to the holder of such insurance and the holder of such certificate. CONDITIONAL DECLARATION OF - Page 3 RESTRICTIONS AND GRANT OF EASEMENTS ABS #180 -Meridian, ID MMBtC 125.372 08/28/96 • • Upon acceptance of this Declaration, the Owner of Parcel 2 shall at all times provide and maintain or cause to be provided and maintained commercial general liability insurance insuring First Parry, and all tenants thereon against claims for personal injury, bodily injury or death and property damage or destruction, occurring in or arising out of the use of the easement hereby granted by First Party or improvements constructed thereon. The limits of liability of such insurance shall be not less than $2,000,000.00 for personal injury or bodily injury or death of any one person, $2,000,000.00 for personal injury or bodily injury or death of more than one person in one occurrence, and $500,000.00 with .respect to damage to or destruction of property; or in lieu of such coverage, a combined single limit (covering personal injury, bodily injury or death and property damage or destruction) with a limit of not less than $2,000,000.00 per occurrence. Such insurance shall be written with an insurer licensed to do business in Idaho. The persons or entities hereby required to provide such insurance shall provide to First Parry or First Parry's successor in interest a certificate of insurance evidencing existence of the required insurance. Such insurance policy shall provide that the insurance represented by such certificate shall not be canceled or materially changed without the giving of thirty (30) days prior written notice to the holder of such insurance and the holder of such certificate. All insurance which is required to be maintained hereunder may be provided under a blanket policy provided such policy otherwise complies with the requirements of this Declaration. So long as the insured has a net worth, determined in accordance with generally accepted accounting principles, in excess of $50,000,000.00, all or any part of such insurance may be provided under a program of self-insurance, provided that such self-insured parry agrees to pay the amount of any deductible or self-insurance provided under any insurance which such party is required to maintain hereunder. 4 RESTRICTIONS ON USE 4.1 Food and Drug Restrictions: No part of Parcel 3 shall be used as a supermarket (which shall be defined as any store or department containing at least 5,000 square CONDTTIONAL DECLARATION OF - Page 4 RESTRICTIONS AND GRANT OF EASEMENTS ABS #180 -Meridian, ID MM&C 125.372 08/28/96 • • feet of floor area, including aisle space and storage, primarily devoted to the retail sale of food for off-premises consumption); as a bakery or delicatessen; for the sale of fresh or frozen meat, fish, poultry or produce for off-premises consumption; for the sale of alcoholic beverages for off- premises consumption; or for the sale or offer for sale of any ethical pharmaceutical products requiring the services of a registered pharmacist. 4.2 Other Restrictions: No part of Parcel 3 shall be used as a bar, tavern, cocktail lounge, adult book or adult video store, automotive maintenance or repair facility, warehouse, car wash, entertainment or recreational facility or training or educational facility; for the renting, leasing or selling of or displaying for the purpose of renting, leasing or selling of any boat, motor vehicle or trailer; or for industrial purposes. For the purpose of this Declaration, the phrase "entertainment or recreational facility" shall include, without limitation, a theater, bowling alley, skating rink, gym, health spa or studio, dance hall, billiard or pool hall, massage parlor, game parlor or videa arcade (which shall be defined as any store containing more than four [4] electronic games). The phrase "training or educational facility" shall include, without limitation, a beauty school, barber college, reading room, place of instruction or any other operation catering primarily to students or trainees as opposed to customers. No part of Parcel 3 within two hundred (200) feet of the building on Parcel 2 shall be used as a restaurant or as a medical, dental, professional or business office. 5 GF1yP=I~AT• PROVISIONS 5.1 Covenants Run With the Land. Each Restriction on each Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each part thereof and shall run with the land. . 5.2 Successors and Assigns. This Declaration and the Restrictions created hereby shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives, successors and assigns, and upon any person acquiring a Parcel, or any portion thereof, or any interest therein, whether by operation of law or otherwise; provided, however, that if any Owner sells all or any portion of its interest in any Parcel, such Owner shall CONDITIONAL DECLARATION OF - Page 5 RESTRICTIONS AND GRANT OF EASEMENTS ABS !f 180 -Meridian, ID MMBcC 125.372 08/28/96 ~. ~ s ~ thereupon be released and discharged from any and all obligations as Owner in connection with the property sold by it arising under this Declaration after the sale and conveyance of title but shall remain liable for all obligations arising under this Declaration prior to the sale and conveyance of title. The new Owner of any such Pazcel or any portion thereof (including, without limitation, any Owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations arising under this Declaration with respect to such Parcel or portion thereof after the date of sale and conveyance of title. 5.3 Duration. Except as otherwise provided herein, the term of this Declaration shall be for sixty-five (65) years from the date hereof. The easements herein granted shall be perpetual, terminable only by a document executed by the ~ parties hereto or their respective successors in interest and recorded in the official records of Ada County, Idaho. 5.4 Injunctive Relief. In the event of any violation or threatened violation by any person of any of the Restrictions contained in this Declaration, any or all of the Owners of Pazcels 1, 2 or 3 shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. The right of injunction shall be in addition to all other remedies set forth in this Declaration or provided by law. 5.5 Modification and Termination. This Declaration may not be modified in any respect whatsoever or terminated, in whole or in part, except with the consent of the Owners of Parcels 2 and 3 and then only by written instrument duly executed and acknowledged by all of the required Owners and recorded in the official records of Ada County, Idaho. No modification or termination of this Declaration shall affect the rights of any Lienholder unless the Lienholder consents in writing to the modification or termination. 5.6 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of Parcels 1, 2 or 3 to the general public or for the general public or for any public purpose whatsoever, it being the intention of the parties that this Declaration shall be strictly limited to and for the purposes herein expressed. CONDITIONAL DECLARATION OF - Page 6 RFSTRICTIONS AND GRANT OF EASEMENTS ABS #180 -Meridian, ID MM&C 125.372 08/28/96 • 5.7 Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Declaration shall entitle any Owner to terminate this Declaration, but such limitation shall not affect in any manner any other rights or remedies which such Owner may have hereunder by reason of any breach of this Declaration. Any breach of this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value, but this Declaration shall be binding upon and be effective against any Owner whose title is acquired by foreclosure, trustee`s sale or otherwise. 5.8 Default. A person shall be deemed to be in default of this Declaration only upon the expiration of thirty (30) days (ten [10] days in the event of failure to pay money) from receipt of written notice from any Owner specifying the particulars in which such person has failed to perform the obligations of this Declaration unless such person, prior to the expiration of said thirty (30) days (ten [10] days in the event of failure to pay money), has rectified the particulars specified in said notice of default. However, such person shall not be deemed to be in default if such failure (except a failure to pay money) cannot be rectified within said thirty (30) day period and such person is using good faith and its best efforts to rectify the particulars specified in the notice of default. ~ ~ . 5.9 Notices. (a) All notices given pursuant to this Declaration shall be in writing and shall be given by personal delivery, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charges prepaid, return receipt requested, addressed to the person and address designated below or, in the absence of such designation, to the person and address shown on the then current real property tax rolls of the county in which the Shopping Center is located. All notices to Albertson's shall be sent to the person and address set forth below: Albertson's, Inc. 250 Parkcenter Boulevard P.O. Box ZO Boise, ID 83726 CONDITIONAL DECLARATION OF - Page 7 RESTRICTIONS AND GRANT OF EASEMENTS ABS #180 -Meridian, ID MM&C 125.372 08/28/96 • Attention: Legal Department The person and address to which notices are to be given may be changed at any time by any parry upon written notice to the other parties. All notices given pursuant to this Declaration shall be deemed given upon receipt. (b) For the purpose of this Declaration, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document to the address specified pursuant to subsection (a) above as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pursuant to subsection (a) above, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal or notice of nondelivery by the sending parry. 5.10 Waiver. The failure of a person to insist upon strict performance of any of the Restrictions contained herein shall not be deemed a waiver of any rights or remedies that said person may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the restrictions contained herein by the same or any other person. 5.11 Attorney's Fees. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Declaration, the prevailing party in any such action or proceeding shall be entitled to recover from the losing party in any such action or proceeding its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). 5.12 Severability. If any term or provision of this Declaration or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. CONDITIONAL DECLARATION OF - Page 8 RESTRICTIONS AND GRANT OF EASEMENTS ABS 1/180 - Meridisa, ID MMBcC 125.372 08/28/96 5.13 Third Party Beneficiary Rights • This Declaration is not intended to create, nor shall it be in any way interpreted or construed to create, any third parry beneficiary rights in any person not a party hereto unless otherwise expressly provided herein. 5.14 Captions and Headings. The captions and headings in this Declaration are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. 5.15 Entire Agreement. This Declaration contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Declaration shall be construed as a whole and not strictly for or against any party. 5.16 Construction. In construing the provisions of this Declaration and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. 5.17 Joint and Several Obligations. In the event any party hereto is composed of more than one person, the obligations of said parry shall be joint and several. 5.18 Recordation. This Declaration shall be recorded in the official records of Ada County, Idaho. 6 CONDITIONAL EFFECT AND APPLICATION 6.1 Condition Precedent: Notwithstandingnny other provision to the contrary in this Declaration, and notwithstanding the execution hereof by Albertson's, or the recordation of this Declaration in the official public records of Ada County, Idaho, this Declaration, and the grants of easements, restrictions and covenants provided in this Declaration, shall not be binding upon Albertson's or First Party, or their respective successors in interest until and unless a Declaration of Acceptance, in the form hereinafter provided, is executed and acknowledged by First Party and such Declaration of Acceptance is recorded in the official public records of Ada County, Idaho, and the recorded original is delivered to Albertson's in the manner required for notices as provided in Section 5.9 of this Declaration. In the event the required Declaration of CONDITIONAL DECLARATION OF - Page 9 RESTRICTIONS AND GRANT OF EASEMENTS ABS #180 -Meridian, ID MM&C 125.372 08/28/96 Acceptance is not executed, aclaaowledged, recorded and delivered to Albertson's as above provided on or before the sixtieth (60th) day following the date of the first conveyance of all or an part of Parcel 3 by Owner of Pazce13 as of the date of this Declaration to a third person, this Declazation shall automatically, and without further notice or action, terminate and be of no further effect. The date of the first conveyance of all or any part of Parcel 3 shall be the date a deed or other recognized form of conveyance of title is recorded in the official public records of Ada County, Idaho. The Declaration of Acceptance shall be in the form of Exhibit "B," attached hereto and incorporated herein by this reference. EXECUTED as of the day and year first above written. ALBER ON'S, INC., a Delaware corporation By: William H. Arnold Vice President, Real Estate Law STATE OF IDAHO ) - ) ss. County of Ada ) n this3/~d day of ,~i~le •r•~zY , 199 ~r ,before me, ~~a ~ ~ , a Notary Public in and for said State, personally ppeared William . Arn d, known to me to be Vice President, Real Estate Law of Albertson's, Inc., the corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. WITNESS MY HAND and official seal hereto affixed the day, month and year in this certificate first above written. ~,~~~.uu.~rs~~1v .•`~~~ gAGGF °O'. ~O R y - s :*• • -•- ~ ~ PUBLIC ,• .` •,,°qTF OF Z~P~.. NOTAR PUBLIC r Idah Residing at My commission e.~cpires: CONDTTIONAL DECLARATION OF - Page 10 RESTRICTIONS AND GRANT OF EASEMENTS ABS #180 - Meridiaa, ID MMBtC 125.372.08/28/96 r Rl 1~'1 C ~c~c Q ~ Z D z rr Z C ZOZ m~~ tic ~~z w_ ~ZD ` o U O N \_ n ? D T TZ •"1 = tT z ~~ y oa ~ ~ m -~ ~~ rn~ ~4~ q ~ I~ : ~... 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I PACIFIC 960 Broadway Avenue Suite 312 Boise, Idaho 83706 SCHEDULE= July 26, 1996 LEGAL DESCRIPTION FOR PARCEL 1 (FUTURE LOT I OF TIC ~III.E SQUARE SUBDIVISION) A parcel of land situate in the Northeast 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of Section 10, Township 3 North, Range 1 West marked by a brass cap monume~ thence North 89°41'38" West, 530.00 feet along the north line of said Section 10; thence South 00°18'22" West, 49.34 feet to a point on the southerly right-of-way of thax certain public road named West Cherry Lane and on the easterly boundary line of that certain deed recorded as Instrument No. 83 S 1286, official records of Ada County, Idaho; thence along said easterly boundary line South 00°18'22" West, 242.50 feet to the POINT OF BEGINNING; thence South 89°59'55" East, 171.55 feet; thence South 00°00'05" West, 77.84 feet; thence South 89°59'55" East, 45.00 feet; thence South 00°00'05" West, 165.17 feet; thence North 89°59'56" West, 8.00 feet; thence South 00°00'05" West, 77.99 feet to a point on the centerline of the Eightnu7e Lateral; thence along said centeriine~North 42°00'12" west, 312.35 feet to a point oa said easterly boundary line; thence along said easterly boundary line North 00°18'22" East, 89.39 feet to the POINT OF BEGINNING - Said.parcel contains 41,366 square feet or:0.95:acres:more or less. Subject to: All existvng easements or road rights-of--way of record or appearing on the above-described parcel. Prepared by. W&H Pacific Gordon Anderson, PLS SCHEDULE ~ ~ ~G5 ~ ~ ~~ I PACIFIC 960 Broadway Avenue ' Suite 312 Boise, Idaho 83706 September 3, 1996 LEGAL DESCRIPTION FOR PARCEL 2 (1~UTURE LOT 2 OF T~ ~TII,E SQUARE SUBDIVISION) A parcel of land located in the northeast 1/4 of the Northeast 1/4 of Section I0, Township 3 North. Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: . Commencing at the-northeast corner of said Section 10, Township 3 North. Range 1 West mar3ced by a brass cap monument, thence North 89 41'38" West 530.00 feet, along the North line of said Section 10; thence South 00°18'22" West, 49.34 feet to a point on the southerly right-of- way line of that certain road named West Cherry Lane and on the most easterly boundary line of that certain deed recorded as Instrument number 8351286 official records of Ada County, Idaho, said point being the PONi T OF BEGINNING; thence along said Southerly right-of-way line the following three courses: South 88°33'40" East, 227.29 feet; South 89°07'29" East ?8.53 feet; South 44°33'42" Easy 42.09 feet, said.point being on the westerly right-of--way line of Ten M1Ie Road; thence along said westerly right-of--way line South 00°00'05" West, 833.61 feet to a point on the center line ofEightmile Lateral; thence along said center Line, North 42°00'12" West, 415:42 feet; thence.North 00°00'05" East, 77.99 feet; thence South 89°59'55" East, 3.00 feet; thence North 00°00'05" East, 165.67 feet; thence North 89°59'55" West, 45.00 feet; thence North 00°00'05" East, 77.84 feet; thence North 89°59'55" West, 171.55 feet to a point on the said easterly boundary line; thence along said easterly tine, North 00°18'22" East, 242.50 feet to the POINT OF BEGINNNG. Said parcel contains 248,608 square feet or 5.71 acres more of less. Subject to: All existing easements or road rights-of--way of record or appearing on'the above-described parcel of land. Prepared by: W&H Pacific Gordon Anderson, P.L.S. 7314 c~~~~ ' ~ ~ \i t!a ~_„ ~y~ ~~3 (20$) 3~2-5-t00 Fax 1308) 3-t2-S3S3 Plannins • Ensineerin~ • Surveying • Landscape Architecture • Environmental Services Parcel 3: A parcel of land lying in the NE '/a of the NE 1/a of Section 10, Township 3 North, Range 1 West, B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Section corner common to Sections 3, 2, 11 and of said Section 10; thence North 89°41'38" West 530.00 feet to a point, said point being the REAL POINT OF BEGINNIIVG; thence South 0°18'22" West 383.00 feet to a point; thence North 46°56'38" West 274.92 feet to a point; thence North 23°51'38" West 215.25 feet to a point; thence South 89°41'38" Fast 290.00 feet to the real point of beginning. .. SCHEDUL % , ~ ~ < 3 ~ 3 ' ' • I PACIFIC 960 Broadway:~venue Suite 312 Boise, Idaho 83 i 06 Project: 06-1191-0601 Date: 09-03-96 SCHEDULE ~ ACCESS E~iSE~I!1T FOR LOVAN PROPERTY `~ An ingress and egress easement being a strip of Iand of variable width over a portion of the NE I/4 of the NE 1/4 of Section 10, T. 3 N., R 1 W., Boise Meridian, City of Meridian, Ada County, Idaho, the center line of said strip more particularly described as follows: Commencing at a found Brass Cap monument marking the Section Comer common to Sections 2, 3, 1 I and IO of said T. 3 N., R 1 W., B.M. from wkuch the I/4 corner common to said Sections 3 and IO bears; North 89°41'38" West, 2649.58 feet; thence along the Section line between said Sections 3 and 10, North 89°41 ~8" West, 344.49 feet; thence leaving said Section Iine, South 00°18'?2" West, 53.01 feet to a point on the southerly right-of--way line of Cheny Lane and the POINT OF BEGINNING of a 40 foot wide -strip description lying 20 feet on each side of the following course and distance; South 00° 18'22" West, 58.20 feet to an angle point and the beginning of a 25 foot wide strip lying 12.50 feet on each side of the following course and distance; South 90°00'00" West, 185.51 feat to a point on the easterly boundary line of the Lovan property as shown on the Warranty Deed recorded as Instrument No. 8351286 dated September 26, 1983 and the POINT OF TERMINUS of said strip description The side lines of said-strip description shall be Iengthened or shortened to form a closed figure and to terminate on said southerly right-of--way line of Cherry Lane and said easterly boundary Line of said Warranty Deed. Said parcel contains 6,966 s.f. more or less. SUBJECT T0: All existing easements or road rights-of--way of record or appearing on the above- described parcel of Iand. L,~ ~;~. D L••\projects11 1 9 1060 11wp1lovan.doc ` 7314 o,~ 9~ OF ~Q- 4S ~~N N. A~9~ ..,moo. -,.,., ~.,..~ c.._ i^rna~ ~,,-, c-cam n,.,...,:.... _ c_,.:.. . c„ . r .,,,.~~~~ne Architecrure • Environmental Services .~ EXHIBIT "Bu DECLARATION OF ACCEPTANCE The undersigned - c~~~ hereby certifies that the undersigned is the Owner (or, if fee title to Parcel 3 is held by more than one (1) Owner, the undersigned are the Owners) of fee title to the entirety of Parcel 3, as Parcel 3 is descnbed in that certain Declaration of Restrictions and Grant of Easements (the "Declaration") executed by Albertson's, Inc., dated 1996, and recorded as Instrument No. ,official records of Ada County, Idaho on 1996. Said recordation is incorporated herein by this reference. The undersigned hereby accepts the Declaration, and covenants and agrees to be bound by all of its terms, and acknowledges and agrees that upon recordation of this Declaration of Acceptance, Parcel 3 and each and every part thereof shall be bound and encumbered by said Declaration, and said Declaration shall inn with the land, as if said Declaration had been executed and acknowledged by the Owner of Parcel 3 prior to the recordation of said Declaration. OWNER OF PARCEL 3: STATE OF ) ss. COUNTY OF ) On this day of ,1996, before me, , a Notary Public in and for said State, personally appeared ,known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN aJITNF.SS 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 Residing at My commission expires: ~- __ •_ • ,. STATE OF ) ss. COUNTY OF ) On this day of , 1996, before me, , a Notary Public in and for said State, personally appeared , lmown or identified to me to be the of ,the corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation, and aclmowledged to me that such corporation executed the same. IN Pi~ITNFSS W~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Residing at My commission expires: i PACI FI 960 Broadway Avenue Suite 312 Boise, Idaho 83706 March 13, 1997 City of Meridian Statement of Compliance and Request to Combine Preliminary/Final Plat Application Dear Planning and Zoning Commissioners: Albertson's Inc. Would like to request that the attached subdivision application be processed as both a preliminary and final plat. It is the :intent of the applicant to comply with the following: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance and City Engineers dimension requirements. 2. The planned use of this development complies with the intended use as stated in the City's comprehensive plan and ordinances as a neighborhood development. 3. The preliminary/final plat contains all proposed and existing easements and dedications as of this date. Sincerely, W&H PACIFIC, INC. Gordon N. Anderson, PLS Project Surveyor for Albertson's, Inc. (208) 342-5400 Fax (208) 342-5353 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on April 8, 1997, for the purpose of reviewing and considering the Application of Albertson's Inc., for a Preliminary/Final Plat of for land located in the NE '/4, NE '/4 Section 10, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at the Southwest corner of Cherry Lane and Ten Mile. Applicant requests Preliminary/Final Plat approval of the parcel of land above described for 2 commercial lots for Ten Mile Square. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 21 ~ March, 1997. LIAM G. BERG, JR., LERK PUBLISH March 21 and March 28, 1997. i~ P =~kY~r~y~E~~~~~;a~~•~~~~ ~8a~ ~ Q E}t'a[ i3~i~~ig~~~~~~~~p ~ ~~ ~ ~ ~i,~Z~~i~ ~ :q iii ~..t ~ ~~i~~~~~i~~i~~~~~~lt€ ~~~ ~~~ i 3~~~~ti~`~~~i~~~e ~f('a~ }~~ $ ~~~=a~~~tfi~~a~~~~~t~~ ~~ ~ ~[ $ ~ ~ ~~~ iii i I -~ ~ ~/~ I ~ ~~ t~ ~~~ S1S~ w ' I , I I i ~~• ~ Z s ~ ~ 1~ ~ ~ c' ~ i ~ _n ~ ~ 1 i ~ ~~ m' p~=~ I, , ~ 1 ~ ,®I 8 0 R li III' III' .~.,~ ~ II' IIII~ II ~ ; ~ ,~ h P N> NNE I' I !II ~I~11' i g # p $g E.. h ~ E~g~~~ i ~~ ~ ~~~~ ~~~ ~ ~~~ ~ , ~ ~~~~ ~ ~ ~ ~~~~ _ t 3~ Yi~~ ~ ~ ~ ~~ S !i ~ ~ ~ _~ ~ `~ °p1O1m °" 010 "' ALBERTSONS ~ ~~ nve. ~~ oivrn sr. ,~,_ nar aJO V ~ wn n ,~,,, ~,, ,,,~ ± , ~ ,~ ALBERTSONS ~' 180 p A C I F I C ~'~''€ PRELIMINARY PLAT .a.Wo._.. °f ~ IlE1RpMJ JIDA COIRIIY DJUro w i via ~ SGLE: PROJECT ND. DRAWING i%E NWE: NON i•-iao' e-NPi-aeox marsooinNc ~ 5 ~ - ~ ~ A4~ ~q $ ~s ~~ : ~ ~ 4~ ~~ "~~ ~~ ~~ y ~ ' ~~ ~ ~ 't ~ ~ ~ ~ t, ~~ ~g ~~ ~ >Z~ ~ ~ G~ ~ ~ ~~ ~~ ; s ~I ~~ i 6 III ~ I \ w II i ~ ~ yD ~ I rTi N m ~ o ~ g ~ ~ 6 ~~ __ \ I ~ I § I iii I ~ ° m ~ ~ ~ ~ ~ys,~~ ~ / i ! y I ~ 6 ~ / 8• g I ¢ ~ j I ~q o ~i c m 6 y v/ ~~ \ ~ 3 ' ~ // / 6 ~ d ~ H. ~ g ~ i N007e'12 E .IJT. f ~tt :ssao' ~ t I ~i ~ ~ ~ ~ L n v 1 / ~~g I 6 ; III ~ / i - 1 I q ' 3 \ ~t lex~r I S ~ ~~~ ~ ` 6 ( ~ I~ ~ ~ ~ ~ 1 ~ ~ 6 /~'~~/ / ~ i i R~~ ~~~, 8~~~ n I~ R C 6 ~'' € ~ ' ' ~n I I CF ~ I Y / ~ 'G'% ~ /~6~ J'1 ' P ; 1yS~ !I Zc 'i ~ c '~ $ i ~ 4 t~ R ~ • v Noamt~x I ~ c~ I ~ a ~ LLMy~ ~ p ~ I 0 ~ 8 ~ I ier[c ntrt' r ~ 3.ys,OGSOS ZS'SlL M,40,06005 L ,~L'et1 M, ,00. ,LC'IZZ rn~. c u a} '~~ NOO90b5"E _UIB.M' NORiN TEN Np.E ROAD $ - _ ~ __ _ _ u~ ~~ $ I ~ ~ g a UHATI [e ~ I ~.~ ~ ~~ I E I •• •~• I ~ ~^ I o ~ H . ~ ~~--~-U- i ~ ~ ~ ` ~ ~a ~a ~ ~ ~ g~ ~ ~ ^~ ,~tT~, ..~,.b ul ,,,YY~,,,~~~~~ n ~ S°~~ y t y ~ ~i R ~ ~ 9~ '" ~ ~ ~ ~~ ~ F ~ ~ pp ~ f~ ~ ~ N ~ ~ ~ 8S Z~ 'r 55 9 a ~o pp^ p pppp yyyp (~ ~43j ap M L A ~ >A ~~ ~ ~~ ~ ~~ C ~ ~ F~~ ~ GN $ ~ S b V 1~ p ~ ~p g 4 Sg\ ~ii ~ ~~ F ~~ ~ a l~ ~~ Rig g ~ ~''s~s~~ '~~ ~~~~ko9~ $-~~ ~~s a ~ ~ ~ ~ ~ ~~ ~8 ~~A~ ~ s~ ~~~~o ~~~~~is~~-~~e "~ ~ ~ ` ~ ~ ~ I ~~ ~~ ~~~ ~~~~~a~g~~a~a~~s~~s~~~a8~ g~~ ~ $~~ > ~3 g ~ b~ ~~ ~~ ; s s s ~~~ ~~ 6~ ~` ` ~~ ~ ~3 ~~ my f~ b8Q 3fi y~F~ y y' ~g Af b ~ ~r f~i ~~~~~cF b ~ ~ .~ 8 ~ ~s~~E`~ ~ ~ ~$ ~ Lri7 ~~ ~ ~s~~R~ a ~ ~y >~ ~ r 4 -~ C €~~ ~ F ~y~~g~ m ~ ~ ~ ~~ ~ '~ o ~ ~a® ~ ~ ~_ a rd ,~ m ~~~ ~ ~ gN~~~~~ < ~7 = ~8 a ~ ~ ~~~ ~ ~~~~~~- ~ ~ ~~~ d >~~ m N~~~~~ ~~$ O a"g z ~~ ~ ~~ ~ ~ ~~~br ~br ~ ~ ~ ~ ~' ~ ~ < ~ ~° Q A ~ eQ ~~~ ~ ~) ~ r.. ~~~~ €~g ~ ~ ~ ~~ n ~ c c a ~ ~ ~QE ~ ~> ~ ~ Z a ~ T ~~ < j ~ ~ ~ s~ o ~ >Q o ~ ~ Z $ ~; ~-~ ~ ~n~~ ~ ~ ~~~ ~ ~ ~~ ~ ~ o ~'~~ c ~o ~ ~ x~~ 9 ~ : r ~ v K6 ~~~ '1^ ~~~= a ~ ~~ ~ z T ~ 1~~ ZS Rn'®~ ~ fj ~ O T 1 8~~~_ 9~ c$~~ ~ ~~ m a WILLIAM G.iIERG, JR., City Cierk JAt~CE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~UB OF TREASURE VALLEY COUNCIL MEMBERS A GOOd Place t0 LIVO WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C R E GL ENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hal{, Attn: Will Berg, City Clerk by: Aaril 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Preliminary/Final Plat for Ten Mile Square BY: Albertsons's Inc. LOCATION OF PROPERTY OR PROJECT: Southwest comer of Cherry Lane and Ten Mile JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8~ FINAL PLAT) BUREAU OF RECLAMATl01N (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: PACIFIC ~ ~ 960 Broadway Avenue Suite 312 Boise, Idaho 83706 March 13, 1997 City of Meridian Statement of Compliance and Request to Combine Preliminary/Final Plat Application Dear P:anni.ng and Zoning Commissioners: Albertson's Inc. Would like to request that the attached subdivision application be processed as both a prelimnary and final plat. It is the .intent of the applicant to comply with the following: Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance and City Engineers dimension requirements. 2. The planned use of this development complies with the intended use as stated in the City's comprehensive plan and ordinances as a neighborhood development. 3. The preliminary/final plat contains all proposed and existing easements and dedications as of this date. Sincerely, W &H PACIFIC, INC. Gordon N. Anderson, PLS Project Surveyor for Albertson's, Inc. (208) 342-5400 Fax (208) 342-5353 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services • I.- ~ • REG~UEST FUR SUBDIVISIuN APPROVAL PkELIMINAkY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A •request for preliminary plat approval must be in the City. Clerks possession no later than three days following the •regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month• the •reque~t was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:Ql0 P. M., Thursday following the Planning and Zoning Commissior, action. GENEkAL INFORMATION 1. Name of Annexation and Subdivision. Ten Mile Square _ 2. General Location. Southwest Corner of Cherry Lane & Ten Mile 3. Owners of retard, ~Albertson's Inc a Address, 250 Parkcenter Boulveard ~ Zip 83706 Telephone 385-6643 4. Applicant, Albertson's Inc. Address, 250 Parkcenter Boulevard 5. Engineer, Gordon Anderson Firm W&H Pacific,Inc. 960 Broadway Ave. Suite 31.2 83706 342-5400 Address .Zip Telephone 6. Name and address to receive City billings: Home Albertson's Inc. Address 250 E. Parkcenter Blvd Telephone 385-6643 PRELIMINAkY PLAT CHECItiLIST: ~ubdivi~ion Features 1. Acres 6.9 2. Number ai lots 2 3. Lots per acre 0.29 4. Density per acre N/A 5. Zoning Classification(s) C-N • 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, rhat~is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for N/A 9. Are there proposed recreational amenities to the City No Explain 1@. Are there proposed dedications of common areas? No Explain For future parks? NO .Explain li. What school t s ) service the area Meridian Schools do you propose any agreements for future school sites Explain 12. Other proposed amenities to the City Yes Water Supply Yes Fire Department Yes Other _ . Explain I3. Type of Building (Residential, Commercial, Industrial or combination ) Commercial ' 14. Type of Dvellingts) Single Family, Duplexes, Multiplexes, other N/A 15. Proposed Development features: a. Minimum square footage of lot t s) , 41, 365 S.F. b. Minimum square footage of structure : s ) 6,000 S. F. c. Are garages provides far, N/A square footage N/A d. Are other coverings provided for N/A e. Landscaping has been provided for Yes Describe It will meet city requirements t2) ~ • f. Trees will be provided for Yes, .Trees will be maintained by the owner • Yes g. Sprinkler systems are provided f or h. Are there multiple units Yes ~ 'T'ype retail shopping center remarks i. Are there special set back requirements Yes Explain existing zero lot line variance .~. Has off street parking been provided far Yes.Explain Parking Lot k. Value range of property Market value 1. Type of f financing f or development Private m. Protective covenants were submitted .Date 16. Does the proposal land lack other property No . Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and ?leridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five l5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to Cityservices. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. t3) ~ :~?~`~ °502~1'iC ~ ,~ , ,~' ~, it~E; ^UU12~;3 tt;Jitl1't;t ~. ,.. ... •..•.~1r ~~ CA. sr .. il:.... ., NE~d~'~l~l..fi A Pioneer Company ~ D i ~ F ~ ~Pl~ I'IONG~R'flTLL COMPANY ,~I~ Q/~ 0 OF ADA COUNTY ~ ys /' /iLY ~ 1 ' + ~r, :1151 W. Rifleman Ave / floisc, Idaho 8370ijs ~// !~),,~~3^^717-2~Q~f; ~;~ FEE..lQcw ._...~ ftEC~i,U~~.~, ....:.C,UCS; Cf ~v~~xTY D~~n (INDIVIDUAL) i FOR VALUE RL•CEIVED JAMES W. FULLER AND LOZS J. FULLER, HUSBAND ANll WZFE Grantors , Jo hereby grant, bargain, sell and convey unto ALBERTSON' S , INC. the Crantce ,whose current address is: 250 PARKCENTER BLVD. , BOISE, ID B372G the following desc-ibed real properly in ADA County, State of Idaho, more particulary described a_s follows, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART IiEREOF TO I LAVE AND TO I TOLD the said premises, with thrir appurtenances unto the said Grantee ,and Grantee heirs and assigns forever. And the said Grantor slo hereby covenant to and with the said Grantee the Grantor s are the owner s in fee simple of said premises: that said premises are Cree from all encumbrances, EXCEPT those to which this conveyance is expressly made subject attt! those made, suffered or done by the Grantee ;and subject to reservatiotu, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current }'ear, which are not yet due and payable, and that Grantor will warrant and defend the same Crom all lawful claims whatsoever. f~ ~~ Dared: April 2t1, 1995 iES W. LLER LOTS J. LER STATE OF 1DA_ ,County of~DA , ss. On this o21-u day of ~ ~ , in the year of ~.~~_, before me ---~_~~~3~-~T".~.- a tarv public, per- sonall}}''•appeared .i4MES W- FttL1,El~LtND~.OIS_..I FUlt.r•.2 ~knalwftbpidentificd to me to be the person ~witosc natttc :,` ~AL~ subscribctl to the within instrument, and .... ~~utbwlcd`ged to me that ~ye3•~cxecuted the same. > '•. _ rte;. O Notary Public: ~ ~ ~~ "~ (, ; Residing at: _~~ '~j. ,,,°~: ~ My Commission Expires: ~.~-JB~f `. ~~ 4 F `C ~ ..: 136 ;OU12,64 EXiliB7'P "A" TO WARRANTY DEED A i RACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF S+:CTION 70 TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IN THE CITY OF ':":RIDIAN, IDAHO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~:OMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 10. '~~ENCE; ;•; :`RTN 89 DEGREES 41' 38" WEST A DISTANCE OF 530.00 FEET ALONG THE NORTH UNE OF SAID - ; r10N 10 TO A POWT, THENCE; 'UTH 00 DEGREE 18' 22" WEST A DISTANCE OF 49.34 FEET ALONG THE EAST LINE OF THAT TRACT r ._~,rdD DESCRIBED IN INSTRUMENT NO. 8351280 TO WALLACE D. LOVAN AND VINITA LOVAN DATED -' i ~~ f:?BF. R 2c, 1983, 1N ADA COUNTY DEED RECORDS TO THE TRUE POINT OF BEGINNING, SAID P ::lrl ~ EiE1r1G ON THE SOUTH RIGHT OF V`!AY LINE OF CHERRY LADE AS DESCRIBED IN INSTRUMENT ?.:,. 9<i060466 TO ADA COUNTY HIGHWAY DISTRICT, RECORDED ON JUNE 24, 1994 IN ADA COUNTY G~;EL' RECORDS, THENCE; SDI; . H 88 DEGREES 33' 40" EAST A DISTANCE OF 227.29 FEET ALONG SAID RIGHT OF WAY LINE TO A FOINT, THENCE; SOUTH 89 DEGREES 07' 25" EAST A DISTANCE OF 228.53 FEET ALONG SAID fIIGHT OF WAY LINE TO A POINT, THENCE; SOUTH 44 DEGREES 33' 42" EAST A DISTANCE OF a2.o9 FEET TO A POINT BEING x5.00 FEET DISTANT FROM (WHEN MEASURED AT RIGHT ANGLES TO) THE EAST LINE OF SAID SECTION 10, THENCE; SC~TH 00 DEGREE 00' 05" WEST A DIS'T'ANCE OF 215.52 FEET AND PARALLEL WITH SAID EAST LINE TO A POINT, THENCE; SOU i H 05 DEGP.EES 10' S6" EAST A DISTANCE 221.37 FEET TO A POINT BEING 25.00 FEET DISTANT FROM (WHEN MEASURED AT RIGHT ANGLES TO) SAID EAST LINE, THENCE SOUTH 00 DEGREES 00' OS" WEST A DISTANCE OF 419.74 FEET AND PARALLEL WITH SAID EAST LINE TO A POINT ON THE CENTER LINE OF EIGHT MILE LATERAL AS DESCRIBED IN INSTRUMENT NO. 7Fi8075 PAGES 3-6 IN ADA COUNTY DEED RECORDS, THENCE; NORTH 42 DEGREES 00' 12" WEST A DISTANCE OF 757.66 FEET ALONG SAID CENTER LINE TO A POINT ON THE EAST LINE OF SAID LOVAN TRACT, THENCE; r10PTH 00 DEGREE 18' 22" EAST A DISTANCE OF 331.89 FEET ALONG THE EAST LINE OF SAID LOVAN TRACT TO THE POINT OF BEGINNING. 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STE?HLkt: ~• ~ B- 9 t i .. z s o ~ i . W. AttN ' /;~~~ fsfni~ti`1`~ ~~;~f . ~. • FE B 1 3 {~ Y ~. ~ ~.I l.'` •~ f' n ~ .~..~, . 3 8 10 / ~ ~ • C 6 ~ I s &_ T =„ + li 1 _ ti SPPVCE CREEK 5 ^'S • I 23 2! ~ 2~ . , yY..~ _- ~ ;~ - - ~ ~- ~ ~ 1 ~ ~2U ~~ 3 SITE LOCATION -,- y4 t _~~ r. r• zs } ~• zb ;: ~' Y~ t ze ~ _ APPROXMATE SCALEI"=300' ~~ ~~~ :a .~ I~