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City of Meridian; 10 2088886854; Mar -30- 9:40AM; Page 2
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CITY OF MERIDIAN J U N 0 2 2000
APPLICATION FOR A CONDITIONAL USE PERMIT
CITY OF MERIDIAN
PLANNING & ZONIN"
NAME: The Bailey Company, LLLP j FLn-j A$504JIATU &Tp PHONE: 303#384"0200
ADDRESS: -...601 Corporate Circle, Golden, CO 80401
GENERAL LOCATION: rCenter at Meridian a rots from Florence St on Eagle Rd.
DESCRIP'ITON OF PROPOSED CONDITIONAL USE: jrant th a -thru
i
ZONING CLASSIFICATTON:_Commercial 2nlr I -L, cvr7-k cup
I certify that the inSomotion curtained herein is tore and co •t.
Signature ofApplicant
Social Security Number TAX 2 0 010 - y y(o I
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meaidian City Hall on
CONDITIONAL. USE PERMIT submitted by
Property generally described as located at
TO
m The purpose of the Hcaring is to consider a
SUBDWTSION, BLOCK , IAT
for
11
DAKOTA
COMPANY, INC.
June 01, 2000
Ms. Shari Stiles
Planning Director/Zoning Administrator
City Of Meridian
200 East Carlton
Suite 201
Meridian, Idaho 83642
RE: Meridian Crossroads Shopping Center
Conditional Use Permit Application - Pad P-2
Arby's Restaurant With Drive -Up Window
Dear Shari:
Enclosed is a Conditional Use Permit application for the P-2 Pad within the Meridian
Crossroads Shopping Center, for the development of an Arby's Restaurant with a drive -up
window. All of the required documentation along with the application fee is enclosed.
Please review. Should you have any questions please feel free to contact me.
Sincerely,
Tom Bauwens
Dakota Company, Inc.
For Developers Diversified Realty Corp.
■
PHONE ;208) 343 5223 FAX (208) 343-4954
380 EAST PARKCENTER BLVD
SUITE 100
BOISE, IDAHO 83706
0
0
TFCM Associates, LLC
Hermes Associates, Ltd
By Developers Diversified Realty Corp.
And The Bailey Company LLLP
Conditional Use Permit Application
Meridian Crossroads Shopping Center
Pad P-2 - ARBY'S Restaurant With Drive -Up Window
1.) Applicant: The Bailey Company, LLLP
A Colorado limited liability partnership
601 Corporate Circle
Golden, Colorado 80401
Phone: 303-384-0200
Fax: 303-384-0223
Care Of : Dakota Company, Inc.
380 E. Parkcenter Blvd.
Suite 100
Boise, Idaho 83706
Phone: 208-343-5223
Fax: 208-343-4954
Contact: Tom Bauwens
2.) Subject Property: Pad P-2 Within Meridian Crossroads Shopping Center
Southeast Corner Eagle Road & Fairview Avenue
3.) Property Owners: TFCM ASSOCIATES, LLC
a Utah limited liability company
3300 Enterprise Parkway
Beachwood, Ohio 44122
Phone: 216-755-5656
See Attached "Affidavit Of Legal Interest" and Lease
4.) Legal Description: Pad P-2 within Meridian Crossroads Shopping Center
See attached legal descriptions
5.) Existing Use: Meridian Crossroads Shopping Center. Pad P-2 is vacant
6.) Proposed Use: Construction of Arby's Restaurant with drive -up window
on Pad P-2 within Meridian Crossroads Shopping Center.
Conditional Use Permit Application
Pad P-2 - Meridian Crossroads Shopping Center
page 2/2
7.) Zoning: Meridian Crossroads Shopping Center between Pine Street
and Records Avenue is currently zoned T -L with a
Conditional Use Permit. A requirement of the original CUP
is that any pad developed with a drive -up window required
a separate Conditional Use Permit.
8.) Site Characteristics: The site is a vacant existing building Pad P-2 within the
Meridian Crossroads Shopping Center. Any pad developed
with a drive -up window requires a separate Conditional Use
Permit.
9.) City Services: The Applicant agrees to pay any additional sewer, water or
trash fees or charges, if any associated with the use of the
property as developed for a shopping center.
10.) Public Hearing: The Applicant will post the subject property with a "Notice
of Public Hearing" one week prior to the City Of Meridian
Planning & Zoning Commission meeting, that the Applicant
has applied for a Conditional Use Permit and a Public
Hearing will be held. The notice will contain the name of
the Applicant, description of the Conditional Use Permit
application and the time and place of the Public Hearing.
11.) Vicinity Map: See attached.
12.) Site Plan: See attached.
13.) Landscape Plan: See attached.
14.) Building Elevation: See attached building elevation views and materials.
15.) Traffic Analysis: Traffic impact is consistent with originally submitted traffic
analysis prepared by Dobie Engineering and approved by
ACHD.
16.) Signage: One monument sign is shown for the pad. Design is per
previously approved sign program for Shopping Center.
See site plan for location,
17.) Mailing List: See attached.
0
M E M O R A N D U M
DATE: May 23, 2000
TO: City of Meridian
FROM: Joe Morian, The Bailey Company, dba Arby's
RE: Conditional Use Permit Application
Owner of Subject Property:
Developers Diversified Realty Corporation
3300 Enterprise Parkway
Beachwood, OH 44122
Atten: Daniel B. Hurwitz, Executive Vice President
Phone: 216-755-5500
0
M E M O R A N D U M
DATE: May 24, 2000
TO: City of Meridian
FROM: Joe Morian, The Bailey Company, dba Arby's
RE: Conditional Use Permit Application
11
Characteristics of Subiect Property That Make A Conditional Use Desirable
The drive thru is necessary for our business. Our business is driven by convenience,
access, and speed. The drive thru is all three of these. Arby's does more than 50% of its
business through the drive thru window. We cannot operate freestanding restaurants
without them.
-� HUEELE ENGINEERING, INC.
9550 Bethel Court . Boise, Idaho 83709 208/322-8992 o Fax 208/378-0329
?S• Sv�
Project No. 9925000 January 4, 2000
BOUNDARY DESCRIPTION FOR PHASE 1
FAMILY CENTER, MERIDIAN
A parcel of land located in the Northwest 1/4 of Section 9, T.3N., R.1.E., B.M., Meridian,
Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest comer of said Section 9 from which the West 1/4 corner
of said Section 9 bears South 01 °08'42" West, 2649.45 feet; thence South 64°35'27" East,
200.42 feet to a point on the southerly right-of-way line of West Fairview Avenue, as described
by Exhibit "B" of warranty deed Instrument No. 99072864, Records of said Ada County, said
point being the REAL POINT OF BEGINNING;
thence along said southerly right-of-way line South 89022'10 East ", 317.30 feet;
thence North 87053'02" East, 500.81 feet;
thence South 89°22'10" East, 954.73 feet;
thence leaving said southerly right-of-way line and along the westerly right-of-way line of
Records Avenue, as described by Exhibit "C" of said warranty deed Instrument No. 99072864,
the following courses:
thence South 44°28'35" East, 41.07 feet;
thence South 00025'00" West, 344.46 feet;
thence South 9°55'31" East, 69.63 feet;
thence South 00°24'57" West, 241.74 feet to a point on a non -tangent curve to the left;
thence along said curve 54.02 feet, said curve having a radius of 199.89 feet, a central
angle of 15029'04" and a long chord of 53.86 feet which bears South 8058'50" East;
thence South 18008'07" East, 80.48 feet;
thence South 07°20'43" East, 10.42 feet to a point on the northerly boundary of
Crossroads Subdivision No. 5, as filed in Book 75 of Plats at pages 7779 and 7780, records of
Ada County, Idaho;
thence leaving said westerly right-of-way line and along said northerly boundary of
Crossroads Subdivision No. 5, North 89°35'32" West, 228.44 feet to the northeast comer of
Crossroads Subdivision No. 4, as filed in Book 73 of Plats at Pages 7519 and 7520, records of
Ada County, Idaho;
?age 1 of 2
thence leaving said northerly boundary and along the northerly boundary of said
Crossroads Subdivision No. 4, North 89°35'32" West, 796.15 feet to an angle point thereon;
thence South 01 "08'13 West, 62.50 feet to an angle point thereon;
thence North 88051'47" West, 287.81 feet along said northerly boundary to the northwest
corner of said Crossroads Subdivision No. 4;
thence leaving said northerly boundary line and along the westerly boundary line of said
Crossroads Subdivision No. 4 South 01008'13" West, 291.48 feet to the most northwesterly
corner of Crossroads Subdivision No. 1, as filed in Book 65 of Plats at Pages 6644 and 6645
records of Ada County, Idaho;
thence leaving said westerly boundary and along the westerly boundary of said
Crossroads Subdivision No. 1, South 01°08'13" West, 620.13 feet to a point on a non -tangent
curve to the left, said point also being on the northerly right-of-way line of E. Presidential Drive;
thence leaving said westerly boundary line and along said curve and said northerly right-
of-way line 205.24 feet, said curve having a radius of 258.82 feet, a central angle of 45°26'02"
and a long chord of 199.90 feet which bears North 66008'49" West;
thence North 88051'50" West, 445.36 feet to a point on a tangent curve to the right;
thence along said curve to the right 47.13 feet, said curve having a radius of 30.00 feet,
a central angle of 90000'32" and a long chord of 42.23 feet which bears North 43051'34" West,
to a point of intersection with said curve and the easterly right-of-way line of Eagle Road as
described in warranty deed Instrument No. 8857970, records of said Ada County;
thence leaving said northerly right-of-way line and along said easterly right-of-way line
North 1008'42" East, 1589.72 feet to an angle point thereon;
thence North 58010'31" East, 134.35 feet to the Real Point of Beginning, contains 50.11
acres, more or less.
J:/MeridianCrossroads2/PJS/vw/FamilyCenter-Boundary Des
Prepared by:
HUBBLE ENGINEERING, INC.
Patrick J. Scheffler, P.L.S.
Page 2 of 2
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JOAN U. ALLGOOD
Vice PmgdeM Secretary
and General Cb"U J
November 19. 1999
VtA FACSIMILE (208) 887-1297
Ms. Shari Stites
Planning Department
City of Meridian
200 E. Carlton
Meridian, Idaho 83642
Re: Authorization to File Applications
Dear Ms. Stiles:
With respect to property located at the intersection of W. Fairview Avenue and
Records Avenue, please be advised that Lang J. Durkin. President of Dakota Company, Inc., is
authorized to execute and deliver to the City of Meridian the following documents on behalf of
Hermes Associates, Ltd. and Developers Diversified Realty Corporation:
1. Application for Conditional use Permit;
2. Application for Preliminary Plat and/or Final Plat: and
3. Any other documents required in connection with the filing and processing of
such Applications.
Very truly yours,
JUAck
cc. Larry J. Durkin
3300 Enterprise Parkway. P.O. Box 228042. Beachwood.. Ohio 44122
Tel: (216) 755-5656 - Fax: (216) 755-1656 or (216) 755=1678 • jallgoodgddrecom
0 •
AFFIDAVIT OF LEGAL INTEREST
STATE OF OHIO
COUNTY OF CUYAHOGA SS:
I, JOAN U. ALLGOOD, 3300 Enterprise Parkway, Beachwood, Ohio 44122, being first
duly sworn upon oath, depose and say:
I . That Hennes Associates, Ltd. is the record owner of the property described on the
attached, and I grant my permission to The Dakota Company, Inc. to submit the accompanying
application pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian, Idaho, and its
employees harmless from any claim or liability resulting from any dispute as to the statements
contained herein or as to the ownership of the property which is the subject of the application.
Dated this 3 0 ' h day of November, 1999.
HERMES ASSOCIATES, LTD.,
a Utah limited partnership
By DDR Family Centers LP, its General Partner
By DDR DownREIT LLC, its General Partner
By Developers Diversified Realty Corporation,
Its Managing Member
By: ,
JOAN U. ALLG OD
Vice President
SUBSCRIBED AND SWORN to before me the day and year first above written..;,..
Notary Public �.
CAT.•ERINF 8. KLETCKA
Notary Public. State of Ohio
MV Corr. -.I: ;ion Exoires December ?7.r��..
2001.
A7.
. r, n, yam' C•'�:t: , /
►;on jNI
CORPORATION WARRANTY DEED
For Value Received GE,'VITONE, LN1 C., a corporation duly organized and existing under the laws
of the State of Idaho, ("Grantor") does hereby Grant, Bargain, Sell and Convey unto TFCM
ASSOCIATES, LLC, a Utah limited liability company, ("Grantee'D whose current address is 455 E. 500
S., Suite 400, Salt Lake City, Utah 84111, the following described real estate within the city of Meridian,
Idaho, to -wit:
Parcels 2, 3, and 4 as described on Exhibits A-1, A-2, and A-3,
respectively, attached hereto and incorporated herein by this reference, all
of which property is located in the Northwest Quarter of Section 9 in
Township 3 North, Range 1 East, Boise Meridian.
TO HAVE AND TO HOLD the said real property with all appurtenances (including, butnot limited
to, all water rights or ownership interests in any irrigation districts or entities) unto the said Grantee, its heirs
and assigns forever, and the said Grantor does hereby covenant to and with said Grantee that it is the Owner
in fee simple of said real estate and that said real estate is free and clear of all easements, restrictions, and
encumbrances, except:
1. Reservations or exceptions in patents or in Acts authorizing the issuance thereof:
2. General Taxes for the year 1998, a lien but not yet due and payable.
3. Negative Easement and Restrictions contained in Warranty Deed, and the terms and
conditions thereof:
In Favor of State of Idaho
Recorded January 24, 1956
Instrument No. 389346
4. Agreement and the terms and conditions contained therein:
Between George E. Stang and Hannah W. Stang, husband and wife
and C.H. Stewart and Alice E. Stewart, husband and wife
Recorded September 2, 1954
Insrrument No. 364731
purpose Irrigation Ditch right-of-way
5. Minerals and mineral rights as reserved to Upland Industries Corporation, a Nebraska
corporation, by Special Warranty Deed recorded August 31, 1990, as Instrument No.
9047045, records of Ada County, Idaho.
CORPORATION WARRANTY DEED - 1
[D 061698\Gerntone\corp-war2_deed]
07•'07;98 09:.17 F._T 120833899q- ALLIANCE TITLE • Lo 003 009
6_ Easement and the terms and conditions thereof
In Favor of Mountain 5 tates Telephone and Telegraph Company, a corporation
Purpose Communication Facilities and Incidental Purposes
Recorded June 28, 1990
Instrument No. 9034208
7. Negative Easements, Conditions, restrictions and access tights contained in the Deed to the
State of Idaho
Recorded November 25, 1988
Instrument No. 8857970
Official Records.
And amended by Exchange Deed recorded April S. 1994, as Instrument No. 94032501.
S. Easement, and the Terms and Conditions thereof:
In Favor of U.S. West Communications, Inc., a Colorado corporation
Purpose Construct, reconstruct, operate, maintain, and remove
telecommunications facilities
Recorded May 24, 1994
Instrument No. 94048300
9. Easement, and the Terms and Conditions thereof-
hereofIn
InFavor of
City of Meridian, ,oda County, Idaho
Purpose
Public Utilities
Recorded
June 7, 1994
Instrument No.
94053165
10. Easement, and the Terms and Conditions thereof:
In Favor of
Idaho Power Company, a corporation
Purpose
Power Lines and Incidental Purposes
Recorded
August 10, 1995
Instrument No.
95055822
11. Easement and the terms and conditions thereof:
In Favor of
Ada County Highway District
Purpose
Temporary access road between the proposed Crossroads
Subdivision No. 5 and Fairvimv Avenue
Recorded
October 1, 1997
Instrument No.
97081013
12. Rights and interests of the Nampa -Meridian Irrigation District.
13. Easements and rights-of-way for or associated with irrigation ditches and facilites
appearing on the above-described real estate.
14. Easements and rights associated with the diversion structure for a pressure irigation system
utilized by Crossroads Subdivision.
CORPORATION WARRANTY DEED - 2
D:.06019 6',Gemronekorp-ware-deed]
07%07%98 09:48 FkX 120833893# ALLIANCE TITLE • 2004"009
IN WI h+'ESS WHEREOF, the Grantor. pursuant to a Resolution of its Board of Directors has
caused its corporate name to be hereunto subscribed by its President and its corporate seal to be affixed by
its Secretary this 8 *� day of June, 1998.
GEMTONE. INC.
By:
Thoma�TWright, President
Eirwird L ` ew� s, Secretary
STATE OF IDAHO
ss.
County of Ada. )
On this t� day of June, 1998, before me, a Notary Public in and for said State, personally
appeared THUMAS T. WRIGHT and EDWARD L. BEWS, known to me to be the President and
Secretary of the corporation that executed this instrument or the persons who executed the instrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same_
IN WIT -NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
4`«ncateo�f`fee
bvY 2:� `oog(lLwoa�� .fly �r
o
£7V .
G
CORPORATION WARRANTY DEED - 3
(D: 060 1 98\Gemt0na\corp-war2.d eedl
Notary Public for Litho'' 22
Residing at
Commission expires G 5L a y 03
07-,,07,'98 09:48 FA_X 120833693 ALLIANCE TITLE • 2005"009
yNG y� 1
HUBBLE ENGINEERING. INC.
l\. 4, 93=C =ethel Court a SCise.:dai-.o 33702 Fax 208l:.
SUpv .
PRC!ECT ,IC. 9ECC100 FEERUARY 9, 1998
REVISED FEERUARY 18, 1998
CPTZCN AGREZMEINT
PARCc1. Z -- CA
CROSSROADS CCMMEFCiAL
A PARCEL OF LANC LOCATED IN 7HE WEST 1i2 OF THE NVV1/4 OF SEC ON
9, T.3N., P.1 E., o_,yi., ADA CCUN TY, ICAHO, MORE PARTICULARLY CESCRIBEC AS
FOLLOWS: COMMENCING AT THE CORNER -,Ctv[MCN TO SECTIONS 4, S. 8 AND
THE SAID SECTION 9. FROM THE 1/4 CCRNER CCNIMON TO S. -'.IC
SECTiiONS 8 A.,NC 9 Ec4F,S 5413L17H 01 °08'42' WEST. 2549.45 FEE`i ; ir'ENCE SOOT,-=
01'08'-42" V'iES T , 1595.21 FE= I (FCRIUIERL Y 0ESCto, IEED AS SCU 7'r7' 1 08'10" 1niES7,
1594.10 FE=T') TO A POINT 7HENC2 SCUT=, 88`51'50" Ea.S T , 70.00 FEET TO THE
NORTLHWEST CORNER 0= LOT 1, FLOCK 2. OF CRCSSRCACS SUEGIVISiCN NC.
1. AS SAME IS RECORCED IN SCOK 65 OF PLS -S, '-"'IT PAGES 6844 ANC EE45.
RECORCS CF ADA CCU -N7(, 1C'A.H0. SAID =GIN- :GING THE REAL POINT OF
EEGINNING.
rHiENCE =.LONG i r,E EAS-F:RL Y R;GHT-OF 1,AIA. Y C N. i=,D IST,,
HIG'r=WAY OSi NCR7n 1'08''2" e,a.Z71 . Sc'9.-2 rE=' TO r=01N-.
T -ENCc SOLI H 88`51'50" =QST, 6c0.17
r —c.T TCF, PCIN
TrX77
ENCE SCUT -r. 1 'OL'��" ,NEST.4.LCNG THE EENGE ANG,`rJEE c cLY
ECUNC;=R`.' CF SA'..10 CR.' SSRC"C SUBCIVISION ;NO. A DIS-A.NCE CF 925.52
FE_T TO A PGINT CN T -E NCF :ER' -Y RIGHT-Or'-',/VAY CF E. FR;=5IGENT;A.L
CRIVE.
,-,riL ! ; _ �.F.0 GF„ UCN-
,
TANGENT CURVE 7C T -:E L=FT, F;=.CIUS OF 258.87_ ,FEE . A CENT ;�;L
ANGLE OF 45°2E'02", AMC „ LONG CHCP,C ?EaRING N01=.TH 66 -08-49" INEST,
199.90 F= TO A FCIN',
THENCE NCP, 7-1 8E =51'50" WEST, 3c:,.35 =E^' TO 7'r -,E SOU-HFAS T CORNER
OF SAIC LC- 1. E!_OCK 2 OF CROSSROADS St:EGIVISICN NO. 1;
THENCE ALONG THE cXT=R10R=OUNGARv OF -QAJC LCT 1 NCR i H 1'08' C'
EAST, 10.00 FEET TO A rCIN-:
THENCE 31.42 FEE' ?LONG T'-iE ARC OF A CURVE TO 7H'E LEFT , HAV!NG
A. RADIUS OF 20.00 FEET, A. CENTRAL ANGLLE OF 90" CO'00". AND A LONG CHOPC
EEAR ING' NCP,T -2 =51'50" WEST 28.28 FEcT TO A POIN T
PAG= 1 ClF 2
07,'07; 98 09:.38 F.kX 120833693 ILLI t.VCE TITLE • U006/009
THEN CE�yORTH 88"51'50" WEST, 10.00 FE` i TOA P0fNT:
THENCE 31.42 FEETALONG T HEARC OF A CURVE TC -'r'E R!GHT, HAVING
A RADIUS CF 20.00 FEET, A CENTRALANGLE OF 90'OG'00", ANC A LONG CHORD
BEARING NORTH 43051'50" WEST, 28.28 FEET TO A PC!NT;
THENCE NORTH 1008'10" EAST, 110.00 FEET TG A PCIN
THEiNCE 31.42 FEE 7 ALONG THE ARC OF A CURVE TO i 'r'E LEFT, HAVING
A RADIUS OF 20.00 FEET, A CENTRALANGLE OF 90'00'00", AND A LONG CHORD
BEARING NORTH 43°51'50" WEST, 28.28 FEET TO A FOINT;
THENCE NORTH 88'51'50" WEST, 10.49 F E=r (FOPMERLY DESCR.SED AS
10.00 FEE-1�TO THE REAL POINT OF BEGINNING. CONTAIMNG 11.:;0 ACRES
(492,301 SQUARE FEE7, MORE OR LESS.
FREFARED E'!:
HUE6LNG!N'IN G, !NC.
J
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GG C,'V.Al/C,Rcomr„Par2 Gr;EGCR`! C�.F7E=. =.L.S.
PAGE :CF2
07•; 07; 98 09:18 FAT 120833893
�nGti _
r ,r,
ALLIANCE TITLE •
HUESLE ENGINEERING. INC.
?zZG 3e1re! Cert . Scise: icano 827CS
2007; 009
203/GZ ?ca2 Fax _0812 i 8.C27f
FRCJECT NO. 9800100 FEBRUARY 9, 1998
REVISED FEBRUARY 18, 1598
02T -10N AGREEI± NT
PARCEL 3
CROSSROADS COMMERCIAL
A PARCEL CF L,;NC LCCATED IN THE NW',/4 OF THE NW1/4 OF ScC T ION 5,
T.3N., R.1,cB.M.. ACA CCUN T `', IDAHO, MCRE PARTICJL4RLY DESCRIBED AS
FOLLOWS: COMME,NC,NG AT THE CORNS; ;; COMMON TO SECTIONS 4, 5, 8 AND
THE SAID .SECTION 9, F-mCM 1,AIHICH THE 1/4 CORNER COMMON TO SAID
SECTIONS 4 AND 9 EEARS SOU 1 H 89°22'10" EAST, 2559.83i=E- i ; THENCE SCI;'7
89"22"IC" EAST, !C'17.88 FEET, ii TC A POIN–, THENCE SOUTH 1=08'13" WEST 56.07
FEET TOA POINT ON TSE SCUTHErRLY RICHT-OF-WAY OF FA.;RVIEl/ AVENUE.
SAID POINT EE!NG THE REAL PCINT OF BEGINNING.
THENCE CCNTiNUING SCUT.. "08'13' WcS T , 89:5.7_ FEET TO A P^INT ON
THE EXTE:RICR EOUNC:",R`! LINE CF CROSSROADS SUEOIVISICN NO. 4 AS FILE.-
IN BOOK 73 OF PL A i S A7 PAGES 75'9 ANC 8201 RECCRDS CF ACA CCUN i Y,
IDAHO,
i HENCE A LCNC EXTcRiCP, SCUNCARY LINE NCRT: ' 83`51'47" WES 7
287.81 FEET TO A. PCINT.
THENC,c C --N T INL•ING ALONG SAID .L'NE cOT,
1 °08'13" WE`57, 85.010 FEET TC A. PC, NT.
T'r,ENCE L=,;VINE SAIC EXTE:RICR SOl.'NCARY L INE NCRT 88'St'SC" LIVES
Ec"0.17 T=EE– TO AP C I N 7 ON THE .STB=LY TIGHIT- CF-�NA.Y CF N. Fla, GL_ RCAD
(STATE HIGHWAY 55j;
THENCE ALONG SA.IC RIGH T-CF-VVAY NOR i ^ 01'08"G" E.-�.S T , S10.80 FEET
TO A PCIN?
T''HENCE NCFTH 592'0'31" EAST. 1c1.5c FEE–! TO A PCIN T CN THE
SCUTHERLY RIGHT-CF-V`/AY OF 7`iRVIE,j`/A.`IENUE:
THENCE_A.LGNG SAIL R;GrT-OF-WA.Y SOUTH 89=35'_-' E -,S , 4".O.G4 F==.
TC A POINT;
THENCE NCFTH 0224'35" =;ST, 10.00 ;=E=T TO A POINT;
PACE 1 OF 2
.E.X l if MIT--
n-�"
07','07/96 U`J:JJ tii 1�U0JJoy� yL1-ly11.L IIIL-n 4/ VUu, V U 4
THENCE SOUTH 8G'35'24" EAST, 402.12 F== ii TO THE REAL POINT OF
C BEGINNING. CONTAINING 20.35 ACRES, (88E.24 -t SQUARE FEET )MORE OR LESS.
PREPARED BY:
HUBBLE ENGINEERING, INC.
GGC/VW/CRcammrar3 G- - GR`.' G. CAR -1=7, P.L.S.
PAGE 2 OF 2
07,'07,,98 09:49 RkX 12083369 ALLIk, CE TITLE t&009.009
HUBBLE ENGINEERING, INC.
95=-G Se*nel Cour, a Boise. Iaano 837G9
PROJECT NO. 98C01 CO
ONION AGRE.'EMENT
PARCEL 4
CROSSROADS COMMERCIAL.
�G&/�Z X992 � �2x 2C2/3� cf'32�
FES-RUARY 9, 1598
A PARCEL OF: LAND LCCA F-0 IN -T-IE NORTH HALF CF THE NW1/4 OF SECTION 9,
T.3N., RAE., B.M.. ACA COUNTY, IDAHO, MCRE PAR7CULARLY DESCRI5ED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTION 4, 5, 8 ANC THE SAID SECTION 9,
FROM WHICH i r'E 1/4 CORNER COMMON TO SAID SECTION 4 ANC 9 BEARS SOUTH
--T; i• CE SOUTH 89'2Z'1C" EAST, 1017.08 FEET TO A POINT;
8°'Z'10" EAST, 2EF9.c3 F
THENCE SOUTH 1408'13" WEST. 58.07 FcET TO A POINT ON —,HE SOUTHERLY RIGHT -O;: -
WAY OF FAIRVIEW AVENUE. SAID POINT BEING THE REAL PCINT OF BEGINNING.
THaNCEALONG SAID SCU T rERLY RIGHT -CF -WAY SOUTH 99035'24" EA ST. 1C40.31
F-E—ii TO A PCIN7:
THENCE SOUTH C0�25CC" WEST, 831.1" FEE7 TO A FCIN T ON 7HE NCR -:-I
5CUNDARY L.NE OF CROSSROADS SUBDIVISION NO, 5 a.S FILED IN ECOK 7= OF PLA`S
AT PAGES 7779 ANO T780 80 RECORDS OF ADA COUNTY. IDAHC;
THENCE ALONG THE EX -ENDED ANC NORTh 3CUNDARYLINE CF SMD
CROSSROADS SUEDIVISICN NC. - NORTH 89°35'32" WEST, 1,05-0.76 rte-_ . O A OIN T
THENCE, NCRTH 1 °C8'13" EAST. 831.2.2 IF= TO 7HE REAL POINT CF EEC -INNING.
CONTAINING 19.95 ACRES (868,980 SCUARE FEET), MORE OR LESS.
GGClV`r//CRcomrni-sr-
PREFAREJ ?Y:
HUEEL= ENGINE=RI G. INCST.
7129
Z?(')j"qt
fya.%i�
GREGORY G. CAR -ER. F.L.S.
17. 1. BITS
03;/18/99 16:38 FAX 120833693 ALLIANCE TITLE ft7J002
`' JJ TICOR TITL"SURANCE
13 4036 106 00002834
Policy of Title Insurance
American Land SUBJECT TO THE EXCLUSIONS FROM 2. Any defect In or lien or encumbrance on the
Title Association COVERAGE, THE EXCEPTION$ FROM title;
Owner's Policy COVERAGE CONTAINED IN SCHEDULE B 3. Unmarketability of the title.
(10-17-92) AND THE CONDITIONS AND STIPULA- 4. Lack of a right of access to and from the
TIONS, TICOR TITLE INSURANCE COM- land. 1.
PANY, a California corporation, herein called
the Company, insures, as of Date of Policy The Company will also pay the costs,
attorneys' fees and expenses Incurred in
shown in Schedule A, against loss or damage,
not exceeding the amount of Insurance stated defense of the title, as insured, but Only to the
In Schedule A, sustained or incurred by the extent provided in the Conditions and
insured by reason of: Stipulations.
This policy shall not be valid or binding until
1. Title to the edtate or Interest described in countersigned below by an authorized signa-
Schedule A being vested other than as tory of the Company.
stated therein;
Issuod by:
ALLIANCE TITLE AND
ESCROW CORPORATION
1412 WEST IDAHO STREET
P.O. BOX 7546
BOISE, ID 83707
(208) 336-6515
Authorized Signatory
By
Attest
TICOR TITLE INSURANCE COMPANY
President
Secretary
A To NJsPOLICY (10-17-92) tJ�J9110,1JJJJ.r-J�IJJJJJJJ�JJ1l1 JwJJJJJ
Reorder Form No. 8934
_03,/18/99 18:38 FAX 120833893 ALLIANCE TITLE .
cac
Premium Amount: $ 6,390.00
S C H E D U L E- A
12 003
Order No.: 97071401 KS Policy No.: 13 4036-106 02834
Date of Policy: MAY 19, 1998 at 4:20 P.M.
Amount of Insurance: $ 1,764,764.75
1. Name of Insured:
HERMES ASSOCIATES, LTD
2. The estate or interest in the land which in covered by this
Policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in
HERMES ASSOCIATES, LTD., a Utah limited partnership
4. The laced referred to in this Policy is described ae follows:
situate in State of IDAHO, County of ADA:
C '
PARCEL 1
A parcel of land located in the Southwest Quarter of the
Northwest Quarter of Section 9, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, more particularly described
as follows:
COMMENCING at the West Quarter corner of said Section 9, from
which the Northwest corner of said Section 9 bears North 01
degrees 08142" East, 2649.45 feet; thence along the West
boundary line of said Section 9
North 01 degrees 0814211 East, 614.24 feet (formerly described
as North 01 degrees 08'1011 East, 615.32 feet); thence
leaving said West boundary line
South 68 degrees 51'50" East, 70.00 feet to a point on the
exterior boundary line of Crossroads Subdivision No. 1
as filed in Book 65 of Plats at Pages 6644 and 6645,
records of Ada County, Idaho, said point also being the
REAL POINT OF BEGINNING; thence along said exterior
boundary the following nine courses:
South 88 degrees 51150" East, 10.56 feet (formerly described as
10.00 feet) to the beginning of a curve to the left,
thence along said, curve 31.42 feet, said curve having a
radius of 20.00 feet, a central angle of 90 degrees
00'00", and a long chord of 28.28 feet, which ears
Sehedura)A �;�
01/18/99 18:38 FAX 120833893 ALLIANCE TITLE 0 004
Order No.s 97071401 KS
North 46 degrees 08'10" East, to the point of tangency; thence
North 01 degrees 08110" East, 110.00 feet to the beginning of a
curve to the right; thence along said curve 31.42 feet,
said curve having a radius of 20.00 feet, a central angle
of 90 degrees 00'0011, and a long chord of 28.28 feet
which bears
North 46 degrees 08'10" East, to the point of tangency; thence
South 88 degrees 51150" East, 10.00 feet to the beginning of a
curve to the left; thence along said curve 31.42 feet,
said curve having a radius of 20.00 feet, a central
angle of 90 degrees 00'00", and a long chord of 28.28
feet which bears
North 46 degrees 08110" East, to the point of tangency; thence
North 01 degrees 08110" East, 10.00 feet; thence
South 88 degrees 51'50" East, 395 -96 -feet to the beginning of a
curve to the right; thence along said curve 208.58 feet,
said curve having a radius of'245.57 feet, a central
angle of 48 degrees 40'0011, and a long chord of 202.37
feet which bears
South 64 degrees 31149" East, thence leaving said curve and
continuing along said exterior boundary line and the
Southerly extension thereof
South 01 degrees 08113" West, 704.72 feet to a point on the
East-West centerline of said Section 9; thence along
said East-West centerline
North 89 degrees 20142" West, 660.43 feet (formerly described
as North 89 degrees 21'14" West) to a point on the East
right-of-way line of North Eagle Road (State Highway 55);
thence along said right-of-way line
North 01 degrees 08'42" East, 613.65 feet to the REAL POINT OF
BEGINNING.
PARCEL 5
A parcel of land located in the Northeast Quarter of the
Northwest Quarter of Section 9, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, more particularly described
as follows:
COMMENCING at the corner common to Sections 4, 5, 8 and the
said Section 9; thence
South 89 degrees 22110" East, 2659.63 feet to the Quarter
corner common to said Sections 4 and 9; thence
South 00 degrees 48'14" West, 49.74 feet to a point on the
Southerly right-of-way of Fairview Avenue, said point
being the REAL POINT OF BEGINNING; thence continuing
along the North-South mid-section line
-2-
_
Ownee'n Schodule A-caffdnued
.0/18/99 16:39 FAX 120833693 ALLIANCE TITLE • 1005
Order No.: 97071401 KS
South 00 degrees 48'141' West, 831.11 feet to a point; thence
North 89 degrees 35'32" West, 596.18 feet to a point; thence
North 00 degrees 25100" East, 831.11 feet to a point on the
Southerly right-of-way of Fairview Avenue; thence
along said right-of-way
South 89 degrees 35124" East, 601.79 feet to the REAL POINT OF
BEGINNING.
END OF SCHEDULE A
-3-
Owner's Schedule A-condnued
09/18/99 18:99 FAX 120899899 ALLIANCE TITLE
2006
S C H E D U L E B
ORDER NO.: 97071401 KS POLICY NO.: 13 4036-106 02834
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE
FOLLOWING:
[Exceptions]
I. Reservations or exceptions in patents or in Acts authorizing the
issuance thereof.
2. General Taxes for the year 1998, a Lien but not yet due and
payable.
3. The Land described herein is located within the boundaries of
the CITY of MERIDIAN. Any assessments are paid current.
4. The Land described herein is located within the boundaries of
the NAMPA-MERIDIAN Irrigation District. Any assessments are
paid current.
5. Negative Easement and Restrictions contained in Warranty Deed,
and the Terms and Conditions thereof:
In Favor of STATE OF IDAHO
Recorded JANUARY 7.4, 1956
Instrument No. 389346
AFFECTS PARCEL 5
6. Agreement, and the Terms and Conditions contained therein:
Between GEORGE E. STAND and HANNAH W. STANG,
husband and wife
and C -H- STEWART and ALLICE E. STEWART,
husband and wife
Recorded SEPTEMBER 2, 1954
Instrument No. 364731
Purpose IRRIGATION DITCH RIGHT-OF-WAY
7. Minerals and Mineral rights as reserved to UPLAND INDUSTRIES
CORPORATION, a Nebraska corporation by Special Warranty Deed
recorded AUGUST•31, 1990, as Instrument No. 9047045, records of
Ada County, Idaho.
S. Easement, and the Terms and Conditions thereof:
-I-
Extended Ownar'a Schedule 0 - Part 1
.,.q5/i8/99 16:39 FAX 120833693 ALLIANCE TITLE 1 007
ATTACHED TO AND' ADE A PART OF TICOR TITLE :,__,URANCE COMPANY
POLICY NO.: 13 4036-106 02834
Order No.: 97071401 KS
In Favor of MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY, a corporation
Purpose COMMUNICATION FACILITIES AND INCIDENTAL
PURPOSES
Recorded JUNE 28, 1990
Instrument No. 9034208
AFFECTS PARCEL 5
9. Negative Easements, Conditions, Restrictions and Access Rights
contained in the Deed to the State of Idaho
Recorded NOVEMBER 25, 1988
Instrument No. 8857970
And amended by Exchange Deed recorded April 8, 1994 as
Instrument No. 94032501.
AFFECTS PARCEL 1
10, Easement, and the Terms and Conditions thereof:
In Favor of ADA COUNTY HIGHWAY DISTRICT
Purpose TEMPORARY ACCESS ROAD BETWEEN THE PROPOSED
CROSSROADS SUBDIVISION NO. 5 AND FAIRVIEW AVENUE
Recorded OCTOBER 1, 1997
Instrument No. 97081013
AFFECTS PARCEL 5
11. Any Rights, Interests, or Claims which may exist or arise by
( reason of the following facts shown on survey by Hubble
Engineering, Job No. 98-001, dated March 23, 1998:.
A. Landscaped berm areas apparently maintained by Ramon
Yorgason and/or the Association for the benefit of the
Crossroads Subdivision (Affects Parcel 1)
B. Irrigation ditches and facilities located on the South
and East portion of Parcel 1
C. Irrigation ditches and facilities located on the South,
East, North, and midway through Parcel 5.
D, A diversion structure for pressure irrigation system for
Crossroads Subdivision located on the South adjacent to Lot
2 of the Crossroads Subdivision.
END OF SCHEDULE B-1
Extended Owners Schedule 8 - Part t