Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Applicaition
• CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax ANNEXATION AND ZONING OR REZONE APPLICATION (RE: Meridian Zoning Ordinance -Section 11-15 and 11-16) PROPOSED NAME OF PROJECT/SUBDIVISION: 5 ~ws to+u e S .,,lob ; y r s ~ ~. ADDRESS, GENERAL LOCATION OF SITE: /~ 5 s a~.na l l L 3 N, ~ t a .k Got tZa (o,,oor~y 13 oa ~ S o U`~ 6~ TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): `mss ~ d,eoa-1 ~~1 ACRES OF LAND IN PROPOSED ANNEXATION/REZONE: 1 ~ • ~ ~ ~' PRESENT LAND USE: e n~. v ~ y ~t~l~ ~- PROPOSED LAND USE: 5~s ~ ~~,...~ ; a~ S ~ ~,: v ,'z i e•. PRESENT ZONING DISTRICT: R v~T PROPOSED ZONING DISTRICT: Res ~~,~„~},~,~ ~ .- 2 APPLICANT: G \ ~• y N SQn d e re q cy¢, ~ - t3e., v~ ~.+~..:.rk Ca.s f.-~ • r.froti ADDRESS: o~lol '~,-~,, Dr. ~9w_w.Do,iD 83687 PHONE:CZoS~ `\bb -Ryoo FAX: C 20 ~ ~I c~$-g17a E-MAIL: ~~ bencl,M6.rk co,ns~ruc~;~n,~.dm ENGINEER, SURVEYOR, PLANNER: ~o v (.Q.,~ ca R. A s sa ~ ~ ~~v . ~ . l-# . ADDRESS: 3ofi 1 W. S~~ S-4r.•a'~' ~ Ste. F. Ec~le .i~ ~3 ~ 1~ PHONE: (20@~93~^2.8Z~{ FAX: C~vB) q3~ - al3S-'S" E-MAIL: ~o.Scri_ aersnv.r~cbyla~c~e.K~~~..eerr ~~._c.~e~z. ~ (ZAy~Gnulen4i/12trT . <,ar+ OWNER(S) OF RECORD*: Sa~ ,~e~. FG.w,t \ ~/ "~rvlx~- o.~.~ 12e-1er~ ~ c.~r--1' ~ ADDRESS:_(5ee " g2na rc..\ loc.~`F1* n of s:'e''~ PHONE: Cse~e ~, l ' -'~' FAX: E-MAIL: NOTE: If there is a sale pending on this property, please list buyer name, address & closing date: I have read the information contained herein and certify the information is true and correct. Si tore of Applicant *Annexation may require entering into a development agreement as a condi ' of annexation. Current owner(s) must execute agreement. Explanation of any change in ownership and timing for same shall be included in narrative. R I oy ance & Associates P.A. Engineers • Surveyors • Landplanners 391 W. State Street, Suite E, Eagle, Idaho 83616 Apri115, 2005 Project Number 2624 City of Meridian Planning & Zoning 660 E. Watertower, Ste. 202 Meridian, ID 83642 Telephone (208) 939-2824 Fax (208) 939-2855 Re: Sunstone Subdivision -Applications for Annexation and Preliminary Plat To Whom It May Concern: We are pleased to submit, on behalf of our client, the enclosed applications and supporting materials for annexation and preliminary plat of the Sunstone Subdivision. The subject property is located approximately 1500-feet south of Cherry Lane on the west side of Black Cat Rd. The two existing parcels, which comprise approximately 11.75-acres, are currently in Ada County and zoned RUT. The southerly of the existing properties is currently owned by J. Robert Burt and Virginia G. Burt, while the northerly property is currently owned by Clayn Sonderegger and Laura Sonderegger. As further described below, the accompanying applications request annexation of these properties into the City of Meridian, and propose development of the aggregate parcel into 17 buildable lots of approximately 0.5-acres each. Annexation /Rezone Application The applicant requests annexation of approximately 11.75-acres, currently zoned Ada County RUT, into the City of Meridian. The subject properties consist of two existing parcels, each containing a single family residence and associated accessory structures. The property is currently contiguous to the City of Meridian incorporated area at both the north and east boundaries of the property. The property is indicated on the current Meridian Comprehensive Plan as low-density residential. In accordance with the recommendations of the plan, we propose annexation of the property as R-2, allowing lot sizes of 18,000-sf and densities not exceeding two units per acre. The accompanying preliminary plat presents a development that conforms with these and other dimensional standards of the R-2 zone. X:~Projects~Benchmark~2624~Admin~Applications~2624narrative050415.doc Page 2 of 5 April 15, 2005 The proposed development and zoning classification are both compatible with the surrounding area. The following chart summarizes the current use and zoning of surrounding properties: Comprehensive Plan Designation Zoning Designation Land Use Subject ~~ Low-density Residential Ada County RUT Residential Property Proposed Low-Density Residential Meridian R-2 Residential North of Site Medium-Density Residential Meridian R-2 /RUT Residential South of Site Low-Density Residential ~ Ada County RUT Residential East of Site Medium-Density Residential Meridian R-4 Residential West of Site Low-Density Residential Ada County RUT Res / Undev In addition to being compatible with the surrounding property uses and Comprehensive Plan Designations, annexation of the property is consistent with the goals of the Comprehensive Plan. As one example, it is a goal of the plan to encourage a balanced cross section of incomes, recognizing that Meridian's population will continue to grow. The proposed Sunstone Subdivision consists of larger, low-density lots that tend to appeal to higher-income residents. Due to overall market conditions, the number of available properties this size is not sufficient to meet demand. While market factors should not be a basis for the City of Meridian to approve a particular development - we believe that the demand for lots of this size indicates that additional effort (and in this case additional development in the R-2 zone classification) is necessary to meet the City's goal of encouraging a diverse cross section of incomes. The proposed development will increase the tax base of the City, and is predicted to provide sufficient property tax revenue and service income (utility usage, etc.) to offset the City's cost of meeting emergency service, educational and other community resource obligations. Preliminary Plat The proposed Sunstone Subdivision consists of approximately 11.22-acres (following required frontage right- of-way dedications along Black Cat Road). Within this area, the applicant proposes to create 201ots with 17 being buildable and three common,, open space lots. All of the lots meet the dimensional standards of the proposed R-2 zone. The proposed subdivision was discussed with City Planning Staff at apre-application meeting on Apri16, 2005. A copy of the pre-application meeting notes has been attached for reference. Vehicular and pedestrian circulation in the proposed Sunstone Subdivision is provided by the proposed public road (an extension of W. Grey Towers Street). The cul-de-sac at the westerly terminus of the public road provides the necessary turn-around for vehicles, while bordering on the westerly property line -allowing for future continuation of the street in the future. As proposed, the cul-de-sac exceeds the recommended maximum length of 450-feet, since it is approximately 575-feet long. There are two reasons that we believe this design is preferred. First, since the cul-de-sac can be extended in the future, pending development of the unplatted parcels to the west, the cul-de-sac can eventually become a through street. Secondly, the length of the cul-de-sac is determined by the location of the stub street provided to the south. The parcel into which the X:~Pc ojects~Benchmark~2624~Admin~Applications~2624narrative050415.doc Page 3 of 5 • Apri115, 2005 street stubs is triangular shaped (bordered on its southerly side by the Kennedy Lateral), and moving the stub further west to reduce the length of the Crrey Towers cul-de-sac makes the stub less useful to this southerly property. A stub street has not been provided to the property lying to the north. The Berrys, who own that property have contemplated development of their property, and approximately 12 years ago developed the concept layout that is attached as Exhibit A. Although we are not aware that the Berrys have made any formal application to the City of Meridian (or Ada County), the two existing parcels at 1293 and 1299 N. Black Cat have been created in accordance with this concept. Presumably any future development applications on the site would conform to the existing concept, which does not require street connection to the Sunstone Subdivision parcel. Necessary utilities are available to provide service to the proposed lots as follows: ^ Sanitary sewer can be provided via the newly installed City of Meridian main in Black Cat Road. The applicant intends to extend public sewer mains to service the proposed lots in accordance with Meridian Public Works and Idaho Department of Environmental Quality requirements. As discussed in pre-application meetings with the City's staff, we understand that although this line has been installed, service connections to the Black Cat line will not be permitted until the planned downstream lift-station iscomplete -expected for later this year. The applicant understands this restriction and will comply. ^ Water for domestic and fire protection use is also available from a City of Meridian main in Black Cat Road. The applicant intends to extend this water main to provide service at each of the proposed lots - also in accordance with Meridian Public Works and Idaho Department of Environmental Quality requirements. As required by the Fire Department, necessary fire hydrants will be provided to assure adequate protection of future residences. ^ "Joint Trench" utilities, including electrical power, telephone, natural gas and cable television will be installed as coordinated by Idaho Power Company. ^ Pressurized irrigation will be provided to all lots and common areas within the Sunstone Subdivision. Both existing properties have valid surface water irrigation rights through the Nampa Meridian Irrigation District (NMID). Water is delivered to the site via the Kennedy Lateral, which is adjacent to the southwest corner of the property. A pump station and distribution piping will be designed in accordance with NNIID requirements and installed by the applicant. The irrigation system will be operated by the Sunstone Subdivision Homeowner's Association or by the NMID. ^ Emergency services to the homeowners of the Sunstone Subdivision will be provided by the Meridian Police Department and the Meridian Fire Department. ^ Trash collection and disposal will be provided by Sanitary Services. The configuration of the lots has been designed to accommodate the two existing residences, it being the intent of the applicant that these residences be preserved as a part of the Sunstone Subdivision. Existing accessory structures which do not comply with the City of Meridian regulations will be removed prior to approval of the final plat. Although every attempt has been made to accommodate both existing residences X:~Projects~Benchmark~2624WdminWpplications~2624narrative050415.doc Page 4 of 5 Apri115, 2005 and maintain the development, zoning and setback requirements of the City ordinances, the location of the residence on the proposed Lot 3, Block 1 does require that the applicant request the following variance: ^ Preliminary discussions with the Ada County Highway District indicate that the current functional classification of Black Cat Road will require aright-of--way dedication along this frontage of 48-feet measured from the centerline of the road. The location of this proposed right-of-way precludes the applicant from providing 25-feet of landscape buffer between the existing residence and the proposed right-of-way (there is approximately 13-feet from the new right-of-way to the existing structure). Consequently, as shown on the proposed preliminary plat, the landscape buffer proposed along the southern frontage of the Sunstone Subdivision does not extend past this lot. As alternative compliance, additional landscaped open space has been provided along the entry of the subdivision, along both sides of the street in planter strips and in the center of the cul-de-sac in order to maintain 5% of the overall site in open space. ^ Secondly, the construction of the existing residence on Lot 3, Block 1 has the front of the home and the garage oriented towards Black Cat Road. As discussed above, the necessary right-of-way dedication results in the front of the residence being approximately 13-ft from the new right-of-way. This distance is less than the required setback in the R-2 zone so a variance in the setback is requested in order to accommodate the existing residence. ^ Lastly, direct lot access to Black Cat Road will be prohibited from all proposed lots in the Sunstone Subdivision. However, there is insufficient space between the existing garage and proposed right-of- way to reconfigure vehicle access, so we request a variance to allow direct access from this structure to Black Cat Road. We suggest that any conditions of approval on the final plat include a requirement that should the owner of the residence request building permit approval at any time in the future for a substantial remodel of the residence (50% or more of the value of the structure), the remodel should include a reconstruction of the garage to relocate the driveway to the provided frontage on W. Grey Towers St. We look forward to meeting with necessary reviewing agencies, including the Meridian Planning & Zoning Commission and City Council. At least 10-days prior to these public hearings, the property will be posted in accordance with the City Ordinance, and a notarized statement with supporting photographs will be provided to the City Clerk confirming that the posting was completed as required. X:~Projects~Benchmark~2624WdminWpplications~2624narrative050415.doc Page 5 of 5 April 15, 2005 If you have any questions, or require additional information, please don't hesitate to contact me at (208) 939-2824. Sincerely, ROYLANCE & ASSOCIATES P.A. (/I/1 1/r~v~(/~~~1 /l/~. JAS DENSMER, P.E. Enclosures as follows: 1. Annexation /Rezone application a. Application form b. Warranty Deed (2) c. Notarized consent of property owners (Affidavits of Legal Interest) d. Legal description of property e. Map of the property at 1 "=100' f. Vicinity Map at 1"=300' g. List of property owners within 300-ft (pending from Meridian Planning Department) h. Application Fee: $715 2. Preliminary Plat application JCD/ a. Application form b. Warranty Deed (2) c. Notarized consent of property owners (Affidavits of Legal Interest) d. Legal description of property e. Preliminary Plat Map (32 folded copies) and 8.5x11" reduction f. Vicinity map showing'h-mile radius g. CD-ROM containing electronic copy of preliminary plat h. Conceptual engineering plans (1 folded copy) i. Landscape plan (10 folded copies) and 8.5x11" reduction j. List of property owners within 300-ft (pending from Meridian Planning Department) k. Application Fee: $659 1. Fire Department Review Fee: $179 X:~Projects~Benct-mark~2624WdminWpplications~2624narrative050415. doc zz QJ 3 m~ ~IO L~ W M ~ NU ZIN N3 Q m i O ~ ~ r ~' t rn W ~ Q Z Z Z U W U(~jNU N N m ~ a ~ w ~ U O W Z ~ H Z O d 0 u~ r Boa z w•-a ~ W O ~ N ~ ~~-5 ~ ? UUFN ~ W O J ~ \( !) m U to U ~ ~n ~ LL n O Z H Z a N 6~'SL~ M„00,00.00 cv ~ ~ `~ O O `d02~ 1`d~ ~~d~a - N Z Z Z 3 _ C7 W m U ,. '_ m a 0 ~ O ~ .: nom. o n. Q ..~ Q~ O M Z 3 O o ~ ~ w~ N w ~ ~m ~I O pl I I Z ~-. W O O N~~ ~~~ N 0. +~ W U O r A~ W } Q 3 to I 0 Z w) n LL) ~I N J p W Z Z ~ J H m W Q z o o ~ 3 N c 500 N () ~ F ~ Q J m U = ~' Q ~ W ~ m U N N ~ a ,ud'LL~ 3„OO,OG.vun a a~~ g W ~ ~ ~o ~ M N U°~o~' c=rn c ,,/^- v-°o~ vJ~ ~N C ~v Q J ~ x W p 0 yW~ Lp Q `N~ N WN~M U;,N~ .. Q ~pN J C ~.+ v ~ W f/1 ~ O 3 c 0 t Ma J J ~_ W Q_ Q_ Q Z W Z r W X Z Z OQ '~'^ VJ a 0 0 0 n N a 0 c v x v c L X 3 0 0 N N O t C N m q V N O a` x <, ~~ ~ ~ !~ ~~-' r ~.. ~-~~~ ~ ~ ~ >~`- a, ~~~ i ~~ ~'~ ~ ~~ ~ _~ ,~ ~ "~~, _, _ _.-- r-. ,-,-T-~,~~ ~~. ~_~u _ ~~~~III~ ~~~ ~rT ~~~~~ ~~ ,~_~ y ~ ~~, ~,~ ~~ ~ ~~~ ~ ~T -- '-tom ~ ~' 7 ~,. `~ '' Ti , 7 ~~_ _ ~~ ~' ~ _ ~~~~~~ -w ~ ~; ~i~ ~` T , ~_ -~ _~, ~~ . ~ ~ i ~,~ y ~,~' JT r =' ~~CLTn~; -)i l - ~~ !~.~, - ~_ ~_ I ~ ~ ~, ~, -~ - ~~~ ~~~~~ ~ ~ ~ - ~~~ ,~ ,~~ ~~ ~~ ~'~~~ ~~=~~~- ~~~~~ (~~ ~T~ ~ I~~ ~~ -. ~ ~ ~ ~ r~~ ~ i ~T- ~~ y\<~i ~~ .. ~ ~~i~ ~ T~ ~~ ~~ ~ y `~~ ~~~~ ~~~ ~r ~~ ~~ ~~ ~~o ~ , ~~ ~~~-~; f ~ ~ ~ ~ 5 :~~ ~~ ~, a p a ~ ~ m ~ . c~ u~ tU . ~~ (n ~'~ ~ m v ~ ~ ~ ~ {W{.. ~ ~ ~ ~ z 11 Y f { +0 A. I I as. ' . I (] Fi ~~ ~ ~ a G ~ rR ~ p a y r ly £'l j •..~ _ ~] ® y$ ~ ~@ ~ y ~4p ~7' ~r i Rr m ~ ~ ~ 1 0 x V ~ ~ {~ \ ` i +~j Z L P j1 r ( '1~ A~ \ \ ~~ A~~ ~L~ , ~ ~_ .~~~~ ~ ... ~ _~;~ ~I --_-_ .__ . _ ~ ii -W +i~ ~ ^ i. _ _ _, ~ ~ l l ^ 1M ~ r~ ~ ~~ 1 ~r wr/ J w f d c c ~r fy~ /JJ v m ~ ~ `~ ~ ~ ~° " ~ ° v w .. ~~rn~ ~ ~ ~ ~ m ~ ~ y .~vFx ~ d ~ l ~ ~ o ~ ~ .~c> m ~ c~aZa ~ ~ ~ ~ `aA o0 Y % E ~LL d ~ c E d m N ~~ ~ m ~0~a ~~, ~~ `~~ ~ ~, ~ /~ ~ O C ~ d ~ .,,y - - ~ f ~ p ~ Q F- ._ ~ ~~ 1 / J / ~ ~ ( / / f7 . r ©~Z~ ~ Qua .~ , ~ . ~ ttt ~ ~ ~ ~ ~ Q. o ~ ~ ~ ' 1 yy ] j ~~,~ ~ ~I ~ ~ ~ :~ °' ~m~a ! ,. ~ a _, ,. _' ~ lj ~ ~r t'~ a~ ,v ~ ~ ~ ~ ~~ ~ ~~ ~ Y,; 1 1, ~ f ~~~~ C ~y O u7 ~ ~ C N~~ N G} `; / J L ~' 07 .W_ ~.:~~ 0 F- ~ ~ '~ t ~ -moo ~ ~~ ~,~ ~.~~ ~' °~,.~~~~ J~~ File No.: AZ-OS- O 2~J JUN 1 ~ L~05 `,City Of1VTeridiu~": Project Name: Sunstone Subdivision ~~ity Clerk O;f~i~ce Request: Annexation and Zoning of 11.75 acres to R-2 zone for Sunstone Subdivision, by Benchmark Construction. Location: 1155 and 1123 N. Black Cat Rd., in the NE'/4 of Section 9, T.3N., R.1W. File No.: PP-OS- ~2.~ Request: Request for preliminary plat approval for 17 single-family residential building lots and 3 common area lots on 11.75 acres in a proposed R-2 zone for Sunstone Subdivision, by Benchmark Construction. Roylance & Assoces, P.A. 391 W. State Street, Suite E, Eagle, Idaho 83616 May 27, 2005 Project Number: 2624 Legal Description Sunstone Enterprises, LLC Annexation Area 11.70 Acres • Engineers • Surveyors • Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 A tract of land situated in the Northeast One Quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at brass cap monumenting the North One Quarter Corner of Section 10, thence following the northerly line of said Section 10 North 89°36' 18" West a distance of 2645.04 feet to a brass cap monumenting the Northwest Corner of said Section 10 and the Northeast Corner of Section 9 and on the centerline of North Black Cat Road; Thence leaving said northerly line of said Section 10 and following said centerline and the easterly line of said Section 9 South 00°00'00" West a distance of 1324.43 feet to the POINT OF BEGINNING; Thence following said centerline and said easterly line, South 00°00'00" West a distance of 475.39 feet to a point; Thence leaving said centerline and said easterly line, North 90°00'00" West a distance of 1,068.79 feet to a point; Thence North 00°00'00" East a distance of 477.89 feet to a point; Thence South 89°51'57" East a distance of 1,068.80 feet to the POINT' OF BEGINNING. The above-described tract of land contains 11.70 acres, more or less, subject to all existing easements and rights-of--way. Prepared By: ROYLANCE & ASSOCIATES, P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 (208) 939-2824 (208) 939-2855 FAX ~o~ ~~ s 4~GZSTE~~~~~- a11575~ d,~aA~ O F 1$ `~NIS' L~ L REVI A ~ ~ 8Y k' M WORK oEPTIC ____ 5 a~ -- z 7 - o ~~g X:~Projects~Benchmark~2624~,4dmin~L.egals~Annex-REV ISED.doc ___ __ - -- l ' __..___ -. _. _ _ __ ~ WARRANTY DE Los iso 1 j For Value Received KENT G. BARNEY and MARY BARNEY, husban d and wife, the grantors do hereby grant, bargain, sell and convey unto J. ROBERT BURT and VIRGINIA G. BURT, husband and wife, the grantees , the following described premises, to-wit: That portion of the S I /2 NE 1 /4 Section 9, T. 3N. , R. 1 W. , B. M. , Ada County, Idaho, lying northerly of the irrigation lateral, more particularly described as follows: Beginning at a point on the section line which bears North, 391.17 feet from the gnart~r corner common to Sections 9 and 10, T. 3N. , R. 1 W. , B. M. , thence N. 63047'30" W. along the centerline of an irrigation lateral, 91q. 97 feet to a point; thence N. 79051' W. along the centerline, 1237. 77 feet to a point; thence N. 42055'40" W. along said centerline, 432. 57 feet to a point on tho northerly boundary line of the 5 1 /2 NE 1 /4 of said Section 9; thence S. 89 48' E. along said boundary line, 2338. 41 feet to a point on the section line common to said Sections 9 and 10; thence South along the section line, 933. 00 feet to the point of beginning. Said tract of land contains 26.7463 acres, more or less, subject to easements of record or in use. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. TO HAVE AND TO 1[OLD the said premises, with their appurtenances unto the said Grantees , their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees ,that their are the owners in fee simple of said premises; that said premises are free from all incumbrances and that t her will waI}~ant and defend the same from all lawful claims whatsoever. Dated : s,~/ March _~, 1971 v~--~ - STATE OF IDA}IO~oUNTY OF Ada On this add/7d/ ~ day of March 19 71, before me, a n Lary public in and for said State, personally appeared KENT G. BARNEY and MARY BARNEY, husband and wife, •' ~ h IC 1{ti^opt~to me.t;o be, the persons who Se names aTe ~'su~crib~'fA to t~e'~within instrument, and acknowledged to fie. th •-- they executed the same. v, ~ A ' -^ ' aaa..."" Notary Public Iteaiding at eridian ,Idaho Comm. Expires d -~s - 93 warranty Deed 209•A STATE OF IDAHO, COUNTY OF ryo H I hereby certify that this instrument was filed for record at the request of J. 72 0 6 < 1 , ~ .. , r at ~.SS minutes past /2. o'clock m., this ~ j day of No v 191 , in my office, and duly recorded in Book of Deeds at page Ct.ARENCt A. PLANTING Ex-Officio Recorder 0 o Deputy. _-- Fees $ 14fail to: ~T j !-' .~ ., r o, ~ rr , -- --- - _ s,~ ~ -, z ____ -- --1-------- Yrtnt~y soA P`or 9al< Uy 9yrsu-Yor4 Comp.oy, Bolee z U. x C N z 0 __ + ---- INOf~p WA RR.A NTY 1lFFP •`~~ 1~~~3 ii For Value Received KENT G. BARNEY and MARY BARNEY, husband and wife, ~, the grantors do hereby grant, bargain, sell and convey unto J. ROBERT BURT and VIRGINIA G. BURT, husband and wife, the grantees ,the following described premises, to-wit: A tract of land in the S 1 / 2 NE 1 /4 of Section 9. T. 3N. , R. 1 W. , B. M. , Ada County, Idaho, more particulaii y described as follows: Beginning at the north sixteenth section corner common to Sectioris9 and 10, T. 3N. , R. 1 W. , B. M. , which point bears South, 1 324.17 feet from the section corner common to Sections 3, 4, 9, and 10, T. 3N. , R. 1 W. , B. M. , thence N. 89048' W. along the sixteenth section line, 484.00 feet to a steel pin; thence South, 90. 00 feet to a steel pirr; thence S. 89°48' E. 484. 00 feet to a point on the section line common to said Sections 9 and 10, thence North along the section line, 90.00 feet to the point of beginning. Said tract of land contains 1.000 acres, more or less, subject to easements of record or in use. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected herewith. TO 13AVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees , their heirs and assigns forever. And the said Grantors do hereby covenant to and ~a~ith the said Grantees that they are the owners in fee simple of said premises; that said premises are free from all incumbrances and that t hey will warrant and defend the same from all lawful claims whatsoever. Dated March ~, 1971 ., ;TATS OF IDAHO,~OUNTY OF Ada On this J Ire( day of MarC}1 ~ ly 71• Before me, a n ary public in and fot said State, personally .ppeared _ ~.NT G. B~IRNEY arad MARY BARNEY sband atad.,>~;~'ey ' h: , ? ~ ,a K '~.; :nowr~to m~to bA~t}re•pelxon g wh~~e nam«g dre ubscribed Qe the Within ir(gtrument, and acknowledged to ie~hat ~ ~ ~ t~~ executed the sLme. . ~ , '~ Notary Public leaiding~tt "'Merldlan ,Idaho ;omm. Expires J 6 ~/~'-7 3 my Deed 209-A STATE OF IDAHO, COUNTY OF QP~,Q~. I hereby certify hat instrun~ent~ya~d for record at the request of B.~,rO-Q~_~,r/ (iAJd at ~~ minutes past ~ ~ o'clock ~n., this ~ f}' day of , 19 ~~ , in my office, and duly recorded in Book of Dceds at page Ci_A~ENCE A. PLANTINU Fees $ ~~ Mail to: t Prloted end For sole By Deputy '. Cnp,Deoy, Bolee -- $~ 6 `~ d- . __ _ ~ I That portion of the South half of the Northeast quarter of Section 9 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a point on the Section line common to Sections 9 and 10, which ', ~- bears North 391.17 feet, thence North 63'47'30" West along centerline of an irrigation lateral, a distance of 919.17 feet to a point, thence North 79'51' West 289.06 feet to the point of true point of beginning, thence continuing North 79'51' West along centerline of irrigation lateral, a distance of 948.71 feet, thence continuing along said lateral centerline North 42'55'40" West, a distance of 432.57 feet to a point on the North 1/16th line of said Section 9, thence South 89'48' East a distance of 1075.75 feet to a point on said 1/16th ~, line being the Northwest corner of that certain parcel conveyed by Deed recorded under instrument no. 846467, thence South along said Westerly boundary of that certain parcel conveyed by Deed recorded under instrument na. 846467. a distance of 223.78 feet, thence South 89'48' East a distance of 194.66 feet to a point, thence South 255.15 feet, thence West a distance of 45.78 feet to the point of beginning. EXCEPT Ditch and Road rights-of-way. TOGETHER WITH all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. Together with an easement for ingress and egress and public utilities over i and across the following described property: Beginning at a point on the Section line which bears North 1,079.39 feet from the quarter section corner common to Sections 9 and 10, Township 3 North, Range 1 Nest, Boise-Meridian; thence North 89'48' West 1,068.80 feet; thence North 40 feet; thence South 89'48' East 1,068.80 feet to a point; thence South 40 feet to the Real Point of Beginning. EXCEPT Ditch and Road rights-of-way. AMBROSE. FITZGERALD s GROOKSTON EXHIBIT "A" AI\D~NY~ NO Covnplon P,O. 80. X37 MMCbn, IENro E]M2 T~IeD~Dns lBE-NEt ~ Oc'~li. 1999 10~26PM ~ ~ 'Jo~84.89 N~ ~ti ~,• AFFIDAVIfi OF LEGAL INTEREST ~~ STATE OF IDAHO ) COiJNTY OF ADA ) ~ ~ r (name) (address) ,. ,~ being ~xst duly swore upon ~'~'~~ ~~ ~~•,~~ .-._, r~rc'~~~ `t' y oath, depose and say. (cit3') (state) That I am the record owner of the property described ors the attached, and I great my peznaission to_ d%'^ • (name) (address) es a R,, ,~_ ~ ~~ U~ to submit the accompanyigg application pertaining to that propertry_ 2. I agree to indemnify, defepd and hold the City of Meridian and it's employees harmless from any claim or liability resultirxg from ezay dispute as to the statements contained herein or as to the ownership of the pzoperiy which is the subject of the application.. ~.S" Dated this ~:°°~~: =:~~ day of. ~~~~,^ /'~ • 20 u_`> (Signature) ~;: SUBSCRIBED AND SWORN toy before zzie the day and. year First above written. `~~~ /°~5 ~ptrn~Y' ~y~~ 5~.~• ~: ~-~ ~ y_ r s~~s ~..~-gym-. PAULINE K BAILEY ~ "r- ,~ State of ! nsa p' _~~.~ MyAppt. Ems. _,._,. ., ,-~ c.1L.d Notary Public for e f ~~g 5~' S Residing at ~,~,4,-1 ~ ~- My Cotnmissiou Expires_ ~~ Lj Rev. 12,'1 ~/!J i ' ~~/D - a,.~^ ~;. ~,. ~V A Pioneer Company PIONEER TITLE COMPANY r.,< :. REcoROEti-xEuu~~~ ~, ~,r A CUJ'i7Y RECU'tOc~ _ ^ ;`!tv'tAVARR" EEE~pEPI!TY~ LU~~ Cv 2~ Ci'i ~~ ~ ~ 102t~3~i83 OF ADA COUNTY PIONEER 81 ~ 1 «'. Kifleman Ave. l E3oise, Idaho 83704 (208)377-2700 WARRANTY DEED For Value Received NATHAN P. LEE and ALLISON LEE, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto CLAYN SONDEREGGER and LAURA SONDEREGGER, husband and wife hereinafter refen~ed to as Grantee, whose current address is l l ~S N. Black Cat Road, Meridian, ED 83(142 the following described premises, to-u%~t >L1. I~.XHIBIT A .A"T"I A('liF:1) HERE'l O ANI) MADI, :-1 PART: 1-IERE;OF. To HAVE .AND TO HOLD the ra do tdoes her by coven PPuo and with the saidsGrantee, thathGrantor and asstgns forever. And the said G is the owner in fee simpl soessments, and except U Sp Pa entsreservations~restrictionsb easementseof re o d, years taxes, levies, and a and easements visible upon the premises, and that Grantor will warrant and defend the same from all clatms whatsoever. Dated: October 21, 2002 1 .. ,~ ~~ ~ ^ ., Allison Lee Nathan P. Lee STATL- OF IDAHO. County of Ada., ss. On this aY of October, in the year of 2002, before me The Undersigned, notary public personally appeared Natha ed to the Witt n1instrument (and acknowletdged to me t at he/pshe h persons whose name isiare subscnb / _, ~ ~ ~ ~ executed the same. ~, i ~ ~ j f ~~•. y's ~ NOT ~: O 7-~~ B(, f C ~ ~_ ~plDAtlO i,., ~ ~(. 12,1./1 i_. Notary Pu~hc of taanu Residing ~- (~!;1_/YY` ~D 7 Commission expires: . L ~ ~ EXH1B[T A Parcel I A tract of land in the South half of the Northeast quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the North sixteenth section corner common to Sections 9 and 10, Township 3 North, Range 1 West, Boise Meridian, which point bears South 1324.17 feet from the section comer common to Sections 3, 4, 9, 10, Township 3 North, Range 1 West, Boise Meridian; thence North 89 degrees 48' West along the sixteenth section line, 484.00 feet to a steel pin; thence South 90.00 feet to a steel pin; thence South 89 degrees 48' East 484.00 feet to a point on the section line common to said Sections 9 and 10; thence North along the section line 90.00 feet to the Point of Begimiing. EXCEPT THEREFROM any portion lying within the right of way for Black Cat Road. Parcel II A portion of the South half of the Northeast quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County. ldaho, more particularly described as follows: Beginning at a point on the section line which bears North 1120.39 feet from the quarter section corner common to Sections 9 and 10, Township 3 North, Range 1 West, Boise Meridian; thence. North 89 degrees 48' West 1068.80 feet to a point; thence North 203.78 feet to a point of the North 1/16` section line of said Section 9; thence South 89 degrees 48' East 584.80 feet along the North 1/16`h section line of said Section 9 to a steel pin; thence South 90.00 feet to a steel pin; thence South 89 degrees 48' East 484.00 feet to a point on the section line cornmon to said Sections 9 and 10; thence South along the section line l 13.78 feet to the Point of Beginning. EXCEPT THEREFROM any portion lying within the right of way for Black Cat Road. `, y~/ STATE OF IDAHO ' COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST r i t -~ I ,~ s (name} ! (address) -~- /~ being first duly sworn upon ~Z''r-t~d/ I A ~ .~..Lof ~` ~1 oath, depose and. say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) ~ ~.,~ . to submit the accompanying application pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~ ~~~ day of ,~ ~~ ~ ~ , 20 ~~ .,-~ ~ _ `~ (Signatur ~ i'~ SUBSCR]BED AND SWORN to before me the day and year first above written. ~ KAR ~' v t~~ +r ~ tary Public f r I .ho • '~~~ ~ Residing at P~B~~L a o. •~••, J'~. `•...~ ~,'r•.•• My Commission Expires: