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F-1 L-A 7 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, 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 Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. GLENN R. B NTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Conditional Use Permit for a Chevron C -Store, fuel islands and car wash BY: Avest LOCATION OF PROPERTY OR PROJECT:_ Locust Grove and Fairview. Lot 7 of Avest Plaza JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _GREG OSLUND, P/Z _TIM HEPPER, P/Z _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 & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _CITY FILES OTHER: YOUR CONCISE REMARKS: REC . E JAN 1 8 1996 CITY OF MERIDIAN 0 • 95134 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Avest PHONE: 853-3711 ADDRESS: 9647 Pebblebrook Lane, Boise, ID 83703 GENERAL LOCATION: Locust Grove/Fairview DESCRIPTION OF PROPOSED CONDITIONAL USE: 4 , o n n s. -F. Chevron C–Store, fuel island and car wash ZONING CLASSIFICATION: C. G. PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, 01en 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 Meridian City Hall on at —.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at — Avest Plaza TO SUBDIVISION, BLOCK 1 , LOT 7 01/16/1996 13:18 1-208-343-4954 DAKOTA DEUELOPMENT PAGE 02 AFFIDAVIT OF PUBLIC HEARING STATE OF IDAHO ) )so COUNTY OF ADA ) -NIF 3 WE ..._ i , being first duly sworn upon oath, lcity) state) depose and say: 1 . That I am the record owner of the pr t described on the attached, and I grant my permission to �� to submit the accompanying application pertaining to that property_ Z. T agree to indemnify, defend and hold City Of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application_ 3. That all of the items presented in the application are true and correct and the property will be posted one week prior to the public hearing stating that a Conditional use Permit has been applied for. Dated this -% day of A `, 1995 e gnature) SUBSCRISRD AND SWORN to before me the day and year first above written. \- Not 1 or Idaho Residing at: r flie:A6#U - My commission expires: 01/10/1996 08:50 1-208-343-4954 • STATE OF IDAHO ) les COUNTY OF ADA ) DAKOTA DEUELOPMENT • AFFIDAVIT OF LEGAL INTEREST �-1 (Warne) (address) n`�a I'0� being first duly sworn upon oath, c ty state) depose and say: PAGE 02 1- That I am the record owner of the property described on the attached, and I grant my permission to EQD -WA 1 -LA _Zvc. to submit the accompanying application pertaining to that property. 2, I agree to indemnify, defend and hold City Of Meridian and its employees harmless from any claim or liability resulting from any. dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application, Dated this 10 4-h day of 19 (signature) SUBSCRIBED AND SWORN to before me day ark ye&F first above written_ is A6r 2 N--/ Residing at :_Z1\ O �- MY CcMission expires: �C__� 0� -t `clI 01/16/1996 13:18 1-208-343-4954 DAKOTA DEUELOPMENT PAGE e 2 AFFIDAVIT OF PUBLIC HEARING STATE OF IDAHO ) )SS COUNTY OF ADA ) 1//�, PALI :.F I L '0 , being first duly sworn upon oath, (city) state) depose and say: 1 . That I am the record owner of theprop t' described on the attached, and I grant my permission to %9 7/ to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. That all of the items presented in the application are true and correct and the property will be posted one week prior to the public hearing stating that a Conditional Use Permit has been applied for. Dated this day of 1995 s gnature) SUBSCRIBED AND SWORN to before me the day and year first above written. Not 1 for Idaho Residing at: t`18 fi2e:AOPH MY commission expires: ?YfY�7�i R?6 of Oo+pc�Pr^ 1141 t JIM _0 p3n E A ' i -RF I- ° �a . $ O r z #471g1 011 g � � a9� � 85�g� ��A� � R & g i f p ,g NF y Dor ga o�N Q rn �_ N _ O g Z x� b � $ b i� f � A m E b N m m m l r i � r 3 _-.___u-_.______..._,._ GHEvRON E STORE Rrvex sr. CONyENIENC(P � � Dom � am AvEST PLAZA 336-M FAX CO FAIWEWLOC/U9T GIEt7vE MwviAri ivAuc ARCHITECTS ��I����iVYYYrYYYYYYIiv��rYYYN��YY���YY�1�� ��W4fa_ �ri�•.t�_��. ------ ------------------------------- -- 1 1 , 1 , 1 1 I I (O❑O OO 11 ,I I I I I I I � Tom I I I , I I I 14 I I L , � F I : I r I tl I 1 C : I I I , 1 �I I II 1 , I I � I I I I I I :;I I I I 1 I 1 , 1 I 1 I 1 I I , I I I I 1 .I I , T I , 1 1 I I , 00 O E 1 1 �- 1 1 d y w m� d1�0 b Q CHEVRON CONVENIENCE STORE , I p j� Nr��'AVEST PLAZA 4111, i �-, i ICI.M I L. G0.bvE I"ERfDIGN, CD ARCHITECTS I 1 CHEVRON CONVENIENCE STOIC , ' _,w M RIM sr. mmm Bum ff= AVEST PLAZA F41RVIEW ! LOCU.4T GIZO�E r�woi.w, ivauo ARCHITECTS "N W T a_ ro _ _ M U �b LOO i ' r M I 1 I '(W 1 / I a I_ U I I I 4 Jx- - lb^ I .t N• ... f9 ® li o b :7-S z cAauasu m I>: as m (J1 2 �Y E [D[D-r CHEVRON 1087 NESP RIVER ST. Q 60 ROISP I IDA110 8M2 AVEST PLAZA 9H (2CA) rano - FAX (mo) 336-aM FAIRVIEUtOCUST GROVE MERIDIAN, IDAHO ARCHITECTS n it l 1 I I � ail II q z I I I ` I I �- A II i � II I I I I 1 1 m I I m II m If Im P C —i m m I p II gm II �z II �< II I I m L,O I I A Z I I -- I I I I I I I I I I I I I I I I I I I 1 I I 1 I I 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I 1 I I I 1 I I I I I I I I I I I I I I I I I I I 1 I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I p 11 I I I I I I I I I i I I I I E I I I I E 9'-4' 43' 3D' b CHEVRON CONVENIENCECHEVRON STOP ', ' W war wvm sr. m AVE5T PLAZA 1 eas ®,reo erm 1 F°113vIEt{1 �ocu»* crzove `"R'�'°". row ARCHITECTS DOVE MEADOWS PROPOSED �W SUBDIVISION ° C G ' C-G ti r FAIRVIEW AVENUE C -G PLEASANT VALLEY SUBDIVISION SITE LOCATION APPROXIMATE SCALE: 1"=300' U Af f A f,: I: iti W. H zll -71 L= Ief _n IFJ fc.q. M* r m 7rd4ti rn (A M!. F UD ---------- U\ M. m Z Q0 W 'ii D EIDDI CHEVRON WUr RlVrR Yr. 0) 1 '.'�W,,E 160 1301SP, IDA110 M2 AVEST PLAZA ON 33(,&M %90�_411001 rAX W) 33&-aM 'aIFZVZWLCcUST GROVE' MERIDIAN, IDAHC ARCHITECTS C-RO BRS ARCHITECTS* 1087 W. River St. Suite 160 BOISE, IDAHO 83702 (208) 336-8370 FAX (208) 336-8380 TO City of Meridi .... . [L[E-T-T* of-musAn-TuL DATE JOB NO. 1J17J96 95134 ATTENTION ShariJJim RE: Avest WE ARE SENDING YOU RIAttached ❑ Under separate cover via delivered the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 1 Additional 300' radius notice with check 35 Reduced landscape plans 1 Executed affidavit 1 Warranty Deed THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted XNAs requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19— REMARKS 9 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US Avest - Roger Allen COPY TO Dakota Development — Tom SIGNED: Billy Ray Strite/cw If enclosures are not as noted, kindly notify us at once. 0 • AVEST CONDITIONAL USE Property Owners within 300' of Lot 7, Avest Plaza D & D Supply 3303 E. Linden Caldwell, ID 83685 Ted and Tressie Snodgrass 2030 E. Fairview Meridian, ID 83642 David Leader 110 Parkway Drive Boise, ID 83706 Roger H. Allen 6904 Randolph Drive Boise, ID 83709 West Side Bible Chapel 2040 E. Fairview Boise, ID 83707 Fred Meyer P. O. Box 42121 Portland OR 97242 95134 Attached to fitment No. Issued by FA -94105 AVFST/FRED XMM This indorsement is made a part of said commitment, including any prior endorsements, and is subject to the schedules, terms, provisions and conditions and stipulations therein, except as modified by the provisions hereof: 1. Schedule A of the above commitment is hereby amended in the following particulars: (a) The effective date of the Commitment including extensions is: AUGUST 10, 1995, AT 7:30 (b) The title to the estate or interest in the land is at the extended effective date hereof vested in: 2. Schedule B of the above Commitment, including any prior endorsements, is hereby amended in the following particulars: (a) The exceptions at the following numbered paragraphs are hereby deleted: 11, 16, 17 (b) The exceptions at the following numbered paragraphs are hereby added: 18 18. Development Agreement dated June 1, 1995, by and between CITY OF MERIDIAN, a municipal corporation and AVEST T•M= PARTNERSHIP, an Idaho partnership, recorded JUNE 5, 1995, as Instrument No. 95037561, Official Records. ASSISTANT SF](32MRY CONMIITMERr INDCRSEMERr p.�r�+ ���.�� '(elFO1�I NO. Wk-5C E� G C.. DATED: September 11, 1995 INDCRSEMERZ Attached to Commitment No. Issued by �• 1.71• Y• � �. 11• 'M �• 1• FA -94105 AVEST/FRED MEYER This indorsement is made a part of said commitment, including any prior endorsements, and is subject to the schedules, terms, provisions and conditions and stipulations the--ein, except as modified by the provisions hereof: 1. Schedule A of the above commitment is hereby amended in the following particulars: (a) The effective date of the Commitment including extensions is: APRIL 6, 1995, AT 7:30 A.M. (b) The title to the estate or interest in the land is at the extended effective date hereof vested in: (c) Paragraph 4 is hereby amended as follows: 2. Schedule B of the above Coimnitment, including any prior endorsements, is hereby amended in the following particulars: (a) The exceptions at the following numbered paragraphs are hereby deleted: 15 (b) The exceptions at the following numbered paragraphs are hereby added: 16 and 17 16. Encroachment of a house, as disclosed by unrecorded survey prepared by W & H Pacific, Job 7 94-124. 17. . Fences near or along the Easterly and Westerly boundary of said premises, power lines, ditch along the Westerly portion of said premises, as disclosed by our irsr Lion of the premises. FIRST A=CM TITLE INSURANCE CC HPANY ' i I "ASSISTAl�fi' SECRETARY CCMMITMENT INDORSEMENT FOR4 NO.WA-SC DATED: -. .. SCEUMIILE C C - The land referred to in this Fitment is situated in the State of Idaho, County of Ada, and is described as follows: Part of the Southwest quarter of the Southwest quarter of Section 5, Township 3 North, Range 1 East, of the Boise Meridian, Ada County Idaho, described as follows: Commencing at the Southwest corner of said Section 5 marked by a brass cap, thence North 00026134" East 240.41 feet along the West section line of said Section 5 to a point; thence North 89033126" East 45.00 feet to the REAL POINT OF BBGINNING; thence North 00026134" East 458.60 feet and parallel with the said West section line to a point; thence South 89033126" East 183.00 feet to a point; thence North 00026134" East 152.55 feet and parrallel with the said West section line to a point; thence North 89°33126" West 163.00 feet to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears South 45026134" West 28.28 feet, the central angle is 90000'00") to a point being 45.00 feet distant from (when measured as riot angles to) the said West section line; thence North 00°26134" East 80.00 feet and parallel with said West Section line to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears South 44033126" East 28.28 feet, the central angle is 90°0010011) to a point; thence South 89033126" East 1,054.09 feet to a point; thence South 00027104" West 796.31 feet to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot curve to the left (chord bears South 44032156" East 28.28 feet, the central angle is 9000010011) to a point being 54.00 feet distant from (when measured at riot angles to) the centerline of Fairview Avenue; thence North 89032156" West 80.00 feet and parallel with said centerline to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears North 45027104" East 28.28 feet, the central angle is 9000010011) to a point; thence North 00027104" East 154.00 feet to a point; thence North 89032156" West 185.35 feet and parallel with said centerline to a point; thence continued J f SCHEDULE C CONTINUED South 00027104' West 174.00 feet to a point being 54.00 feet distant from when measured at riot angles to) said centerline; thence North 89032156" West 406.00 feet and parallel with said centerline to a point; thence North 00027104" East 165.00 feet to a point; thence North 89032156" West 153.55 feet and parallel with said centerline to a point; thence South 00027104" West 165.00 feet to a point being 54.00 feet distant from (when measured at right angles to) said centerline; thence North 89032156" West 70.07 feet and parallel with said centerline to a point thence North 00026134" East 165.00 feet and parallel with said vJe-t sec -tion line to a Point; thence North 89032156" West 219.00 feet and parallel with said centerline to the REAL POINT OF BBGINNIId - . Form No. 1342 (1982) AL`nA Plain Language Commitment RECEIVED* a 3 1995 S t A M E R I c First American Title Insurance Company INFORMATION Th e Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subjectit Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE.TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Paoe AGREEMENT TO ISSUE POLICY P SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE B-1 — Requirements SCHEDULE B-2 — Exceptions 4 CONDITION:. other side of 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section 1 are met We shall have no liability to you because of this amendment 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule 8 to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limitea to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section 1 or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A or this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. J Forth Wa 1343 (1982) ALTA Plain 1, nguage Commitment • COMMITMENT FOR TITLE INSURANCE ISSUED BY CFirst American Title Insurance Company AG MENT TO ISSUE POLICY We agree to issue a policy to you cording to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Com- mitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. i Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the other side of this page 1. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE S. First American Title Insurance Company BY iii PRESIDENT ATTEST/?;;�� SECRETARY COUNTERSIGNED gym k /r Page 1 FA -94105 Your No. AVEST/FRED MEYER SECOND COMMITMENT SCHEDULE A TO: FIRST AMERICAN TITLE CC: DAKOTA DEVELOPMENT, INC. 200 SW MARKET, #1776 380 E. PARK CENTER BLVD., PORTLAND, OR 97201 SUITE #105 ATTN: ANNE LOVELACE BOISE, ID 83706 ATTN: LARRY J. DURKIN CC: AVEST LIMTED PARTNERSHIP CC: FRED MEYER, INC. 9647 W. PEBBLE BROOK LANE P. 0. BOX 42121 BOISE, ID 83703 PORTLAND, OR ATTN: ROGER H. ALLEN ATTN: DAVE S. HUSK CC: ROBERT J. ENNIS CC: FRED MEYER, INC. 4477 EMERALD ST., #C-250 P. 0. BOX 42121 BOISE, ID 83707 PORTLAND, OR CORPORATE LEGAL DEPT. CC: FIRST AMERICAN TITLE CC: W & H PACIFIC 2101 FOURTH AVENUE #800 960 BROADWAY AVE. STE. 312 SEATTLE, WA 98121 BOISE, ID 83706 ATTN: AD ZETZ ATTN: GORDON ANDERSON 1. Commitment Date: FEBRUARY 15, 1994, AT 7:30 A.M. 2. Policy or Policies to be issued: Amount Fee (X) (a) Ext. Owner's Policy $2,445,000.00 $8,482.50 ALTA Form 1402-92 (10-17-92) Proposed Insured: FRED MEYER, INC., a Delaware corporation (X) (d) Reissue Credit $ 466.25 3. Fee simple interest in the land described in this Commitment is owned, at the Commitment Date by: AVEST LIMITED PARTNERSHIP, an Idaho limited partnership 4. The land referred to in this Commitment is situated in the State of Idaho, County of Ada, and is described as follows: SEE ATTACHED SCHEDULE C The records of the Ada County Tax Rolls disclose the above property address as: 1600 EAST FAIRVIEW KC Page 1 FA -94105 Your No. AVEST/FRED MEYER SCHEDULE B - Section 1 REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. (c) Documents satisfactory to us creating the interest in the land and/or the Mortgage to be insured must be signed, delivered and recorded. - (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (e) You must give the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of identity, all parties. 3. Terms, conditions, and provisions of the limited partnership agreement and any amendments thereto, of AVEST LIMITED PARTNERSHIP, an Idaho limited partnership. We require a showing of the power and authority of the party or parties who plan to execute the forthcoming conveyance on behalf of said partnership. Page 2 • FA -94105 Your No. AVEST/FRED MEYER SCHEDULE B - Section 2 EXCEPTIONS Any Policy we issue will have the following exceptions unless they are taken care of to our satisfaction. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. continued The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended Coverage Policy. Page 3 SCHEDULE B CONTINUED C� FA -94105 Your No. AVEST/FRED MEYER 7. General and Special Taxes for the year 1995, are an accruing lien and not yet due or payable. 8. Reservations in U.S. Patent, recorded in Book 2 of Patents at Page 474, Official Records. 9. Liens, levies and assessments of the Nampa Meridian Irrigation District, and the rights, powers and easements of said District as by law provided. 10. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining, recorded August 9, 1955, as -Instrument No. 380794, Official Records. 11. A Mortgage to secure an original indebtedness in the amount of $400,000.00, and any other amounts and/or obligations secured thereby, recorded December 3, 1992, as Instrument No. 9283989, and re-recorded January 27, 1993, as Instrument No. 9306702, Official Records. Dated: December 3, 1992 Mortgagor: ROGER H. ALLEN AND VIRGINIA A. ALLEN, husband and wife Mortgagee: OSBORNE T. STENBERG AND SHIRLEY G. STENBERG, husband and wife Partial Release Agreement recorded December 3, 1992, as Instrument No. 9283990, Official Records. 12. Terms and conditions contained in Ordinance No. 654, by the City of Meridian, recorded November 8, 1994, as Instrument No. 94098999, Official Records. 13. An Easement over said land in favor of City of Meridian, for sanitary sewer right of way, pipeline, and incidental purposes as set forth in an instrument recorded December 15, 1994, as Instrument No. 94108853, Official Records. 14. An Easement over said land in favor of IDAHO POWER COMPANY, a corporation, for POWER LINE and incidental purposes as set forth in an instrument recorded January 4, 1995, as Instrument No. 95000497, Official Records. 15. Any facts, rights, interests or claims which a correct Survey would show. continued Page 4 I, • SCHEDULE B CONTINUED • FA -94105 Your No. AVEST/FRED MEYER NOTE: Schedule B - Section 1, requirement (e) 3. NOTE: General and Special Taxes for the year 1994, in the original amount of $1,106.30, Code Area 210, A.P. No. S 1105-33-6404, have been paid in full. NOTE: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: Should you have any questions with regard to the items referred to on Schedule B, or need copies of said documents, please contact Kathy Cloepfil, Title Officer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC., an Idaho corporation, 7311 Potomac Drive, Boise, Idaho 83704, or call (208) 375-0700. Page 5 FA -94105 Your No. AVEST/FRED MEYER SCHEDULE C The land referred to in this commitment is situated in the State of Idaho, County of Ada, and is described as follows: Part of the Southwest quarter of the Southwest quarter of Section 5, Township 3 North, Range 1 East, of the Boise Meridian, Ada County Idaho, described as follows: Commencing at the Southwest corner of said Section 5 marked by a brass cap, thence North 00026134" East 236.41 feet along the West section line of said Section 5 to a point; thence North 89033126" East 45.00 feet to the REAL POINT OF BEGINNING; thence North 00°26134" East 458.60 feet and parallel with the said West section line to a point; thence South 89°33'26" East 183.00 feet to a point; thence North 00026'34" East 152.55 feet and parrallel with the said West section line to a point; thence North 89°33126" West 163.00 feet to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears South 45°26'34" West 28.28 feet, the central angle is 90°00100") to a point being 45.00 feet distant from (when measured as right angles to) the said West section line; thence North 00026'34" East 80.00 feet and parallel with said West Section line to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears South 44°33'26" East 28.28 feet, the central angle is 90°00'00") to a point; thence South 89°33'26" East 1,054.09 feet to a point; thence South 00027'04" West 796.31 feet to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot curve to the left (chord bears South 44'32'56" East 28.28 feet, the central angle is 90°00'00") to a point being 54.00 feet distant from (when measured at right angles to) the centerline of Fairview Avenue; thence North 89`32'56" West 80.00 feet and parallel with said centerline to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears North 45°27'04" East 28.28 feet, the central angle is 90°00'00") to a point; thence North 00°27'04" East 154.00 feet to a point; thence North 89°32'56" West 185.35 feet and parallel with said centerline to a point; thence continued Page 6 SCHEDULE C CONTINUED 0 FA -94105 Your No. AVEST/FRED MEYER South 00°27'04' West 174.00 feet to a point being 54.00 feet distant from (when measured at right angles to) said centerline; thence North 89°32156" West 406.00 feet and parallel with said centerline to a point; thence North 00°27104" East 165.00 feet to a point; thence North 89°32156" West 153.55 feet and parallel with said centerline to a point; thence South 00027104" West 165.00 feet to a point being 54.00 feet distant from (when measured at right angles to) said centerline; thence North 89°32156" West 70.07 feet and parallel with said centerline to a point thence North 00°26'34" East 165.00 feet and parallel with said West section line to a point; thence North 89°32'56" West 219.00 feet and parallel with said centerline to the REAL POINT OF BEGINNING. Page 7 3�"n1�r l hS A ~ N O <r u i A. 671 fn S 1 3 a 6 a gum_ a n NIT U 3ffi� a- a ry U _ l 3�"n1�r p O � � F r i 1 W` H •C'M K eL00N u u �•.aC.►L:Ot Z,„ ONgI 7 :ti Wks AB G3tYd3Yd I Fd, b36V1J0 031 r0 O31YJ .WUJJShLLOW 3tGyj JS4W7 On'Y Jr-VJI► r-444.YJ n►7d ;0O'4( OIOr-oNIyr3B a7 Sdre O I hS A ~ N O <r W 7LJ` A. 671 • F 3 a gum_ $ OI c n NIT U 3ffi� a ry b - p O � � F r i 1 W` H •C'M K eL00N u u �•.aC.►L:Ot Z,„ ONgI 7 :ti Wks AB G3tYd3Yd I Fd, b36V1J0 031 r0 O31YJ .WUJJShLLOW 3tGyj JS4W7 On'Y Jr-VJI► r-444.YJ n►7d ;0O'4( OIOr-oNIyr3B a7 Sdre O I b _ W 7LJ` P F W a ry p O � � F r i 1 W` H •C'M K eL00N u u �•.aC.►L:Ot Z,„ ONgI 7 :ti Wks AB G3tYd3Yd I Fd, b36V1J0 031 r0 O31YJ .WUJJShLLOW 3tGyj JS4W7 On'Y Jr-VJI► r-444.YJ n►7d ;0O'4( OIOr-oNIyr3B a7 Sdre O I _ W a ry = W < lJ { i i F Wsl M, yfD � Y yyi <n A \N Ja �? J o L�9►Lt I 3W MOU= OYO& S1OYJ JS/t7O7 HJW-V ►'IL N (J:f�LCt ,IYOitI 7.fC.�t00N OPoI 39rd [1 NOOq 0311J lvld Zi rF-- m 1� Nolslnaens sleoa 50 00 it S� A ERS C 0 9 PFMR02PUB 94 N E W M A S T E R U P D A T E AMERICAN 8/08/94 Parcel S1105336404. Code Area 210 Type Qty Value ACTIVE Name AVEST LIMITED PARTNERSHIP 010 36.100 27597 Data From 100 .500 12000 Master Buyer 190 3.400 Bank Code C/0 ROGER H ALLEN 310 40100 Lien Code Address 6904 RANDOLPH DR BOISE ID 83709 - 0000 Last Change : 94/04/06 By : ASR LAZEN Legal PAR #6404 OF SW4SW4 & OF SE4SW4 SEC 5 3N lE Prepaid L.I.D. Bankrupt -k Sub.Code Anexation A From: Total 79697 To: 210 Exemption #336410-346605-C Grp 000 Typ 000 Ap #9366999 03NOlEOS6404 3N 1E 05 Hardship Property Zoning RT Flag 4 ess 01600 E FAIRVIEW AVE MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON -OCC F2=6elect F3=Exit F10=Tax ■ Alt -Z FOR HELP) VT100 TAX*MAIN *PUBLIC S11OS346605 AVEST LIMITED PARTNERSHIP ROGER H ALLEN 6904 RANDOLPH DR 3 FDX 3 9600 N82 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE TAX COLLECTION SYSTEM (NEW) 8/08/94 00000 BOISE ID 83709 Year BASE CHARGE Hlf NET TAX 93 42.30 1 21.15 2 21.1S CTION 93 9:12:26 Bank: Tax Value: $3,000 Prepaid: H/0: Bankrupt: HA: Sub Code: CB Amt: Bill# 931182229 Cd Area: RECEIVED HALF DUE TOTAL DUE 21.1S- 21.15 - Interest as of 8/08/94 .000% CF02-SELECT CF03-EXIT Alt -Z FOR HELPS VT100 CF05-CALC 3 FDX 3 9600 N82 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE :J� TAX*MAIN *PUBLIC S1105336410 AVEST LIMITED PARTNERSHIP ROGER H ALLEN 6904` RANDOLPH DR BOISE ID 8 Year BASE CHARGE Hlf 93 950.22 1 2 0 TAX COLLECTION SYSTEM Bank: 40 (NEW) 8/08/94 00000 9:1245 Tax Value: $67,399 H/0: HA: CS Amt: Cd Area: HALF DUE TOTAL DUE TION 93 Interest as of 8/08/94 .000% CF02-SELECT CF03-EXIT CF05-CALC Alt -Z FOR HELPS VT100 3 FDX 3 9600 N82 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE TAX*MAIN *PUBLIC TAX COLLECTION SYSTEM (NEW) 8/08/94 00000 51105336400 9:14:33 STENBERG OSBORN T & SHIRLEY G Bank: Tax Value: $63,826 3600 GREENBRIER Prepaid: H/0: BOISE ID 83705 Bankrupt: HA: Sub Code: CB Amt: Bill# 921178972 Cd Area: Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 92 938.68 1 469.34 469.34- 2 469.34 469.34- 91 865.04 1 432.52 432.52- 2 432.52 432.52- 90 798.30 1 399.15 399.15- 2 399.15 399.15- 89 775.52 1 387.76 387.76- 2 387.76 387.76- 88 765.32 1 382.66 382.66- 2 382.66 382.66 - :TION 92 Interest as of 8/08/94 .000% CF02-SELECT CF03-EXIT CF05-CALC Alt -Z FOR HELPS VT100 3 FDX 3 9600 N82 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE Prepaid: Bankrupt: 3709 Sub Code: Bill# 931182227 NET TAX RECEIVED 475.11 475.11- 475.11 475.11- 40 (NEW) 8/08/94 00000 9:1245 Tax Value: $67,399 H/0: HA: CS Amt: Cd Area: HALF DUE TOTAL DUE TION 93 Interest as of 8/08/94 .000% CF02-SELECT CF03-EXIT CF05-CALC Alt -Z FOR HELPS VT100 3 FDX 3 9600 N82 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE TAX*MAIN *PUBLIC TAX COLLECTION SYSTEM (NEW) 8/08/94 00000 51105336400 9:14:33 STENBERG OSBORN T & SHIRLEY G Bank: Tax Value: $63,826 3600 GREENBRIER Prepaid: H/0: BOISE ID 83705 Bankrupt: HA: Sub Code: CB Amt: Bill# 921178972 Cd Area: Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 92 938.68 1 469.34 469.34- 2 469.34 469.34- 91 865.04 1 432.52 432.52- 2 432.52 432.52- 90 798.30 1 399.15 399.15- 2 399.15 399.15- 89 775.52 1 387.76 387.76- 2 387.76 387.76- 88 765.32 1 382.66 382.66- 2 382.66 382.66 - :TION 92 Interest as of 8/08/94 .000% CF02-SELECT CF03-EXIT CF05-CALC Alt -Z FOR HELPS VT100 3 FDX 3 9600 N82 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE Idaho Power _ �V)✓R LINE Company. PO CASEMCNT I - and � convey to IDAHO p0� l{til `i'�lfe/tl R COMPANY, a corp County, 1 ctensetesesuccessors an �Jrnntor(s) of Dollar and outer valuable considerations, receipt of which is hereby acknowledrepair� alged a�_' do h a grant and the erection and continued operation,d assigns, Grantee, for One transmission, distribution and telephone lines andecircuits of the Grantee, attached to oght of way and easement for Inspection, and replacement of cite electric together with guys, crossarnts right to permit the attachment of the wirzs and fixtures Of of teental r companies or poles or other su and Other attachments equipment thereon, pp01�' following premises, belonging to the said Grantor(s) in �� and apPurtcnznces, with the to wit: Parties, over, and oil across the -A0.` County, State of Idaho, in tate foil(, tving location A strip of land 20 feet wideay ti the S SWq T3 N? RIE, B"M-94ice-ter+terN fe�on�nc -sidei let erAW4 and. hh , ff ffe•ofwhich Is more articular! 3`iag-WUh44rhe�M o'PScctlon 5, Ql Particularly described as follows: Commencing at the [bass Cap marking the Southwest corner of said Section 5; then dlstance of 71,44 feet; thence S 89°32'56" E along the corner of 1316.28 feet to the REAL POINT OF BE thence N 00°26'34" E n thence s 89°48'55+, GINNING; thence N 00 Right6 f �Yay of 1'airvicw Avenue a distance E a distance of 20 feel; thence S 00°26'58" IV ° +581, E a distance of 1255.10 feel; 32'56" W a distance of 20 feet, to the REAL POINT a distance of 1255.19 feet; thence N 89° OF BEGINNING. Together with all rights of ingress and egress necessary for the full and complete use cut, trim and remove frets, brush, overhanging branches and other obstructions wing!' occupation and enjoyment is and privileges incident thereto, including dtm right from timetimetof the Grantee's use, occupation or enjoyment of this casement and the operation, whichmainten electrical system. t stay injure or it of Grantee's Executed and delivered this day o "V/ blo 9zL STA • Or County Of )ss, On this r day of h4It� . 19 Personally appeared � before known to �A�etpla�y, , a i�'eta Public, me to a the persons) who executed the foregoing instrument and acknowl ged t that `1T executEd the s e freely and voluntarily for the uses and u tt}I'Q p oses therein r ned. td Jt a�iAcs Ast'p Notary Public, residing at - Commission expires�y4� (1lotu}ial Scall GEB 95000`97 3 •aa �, � a01SL, I.9 UV' 854 �b cF�2Y Out a ✓,-1�• <<� �' <. F� ti• /��•: Cir ; lI�z y O—Y,CC C' syG�LGsll / JCt:.:<< Ll !ir/ GYC•! '/ J''J. 1<. �-+-7- `Cca �L � it �•?G, V) Cl.Cl.� �" (%'�'' l Ct� � G- LG �.l..c�Xe� l�`G::'C o :� .Eti�,irVa ,,;' _ 0y it'ru� r,44 COY i%QG t�x.:lu G✓ Z u/ri C'i12 ` G1 � ;% �; � CC,�->- ,✓ter o ito Z: u,, `Jir/7CG'�:�G-LLL% fi ` �1,c �G'?� �,� � 0=, � ; - (( v. ! CC `��c i /1iCCIU:�.�l`` �G'z/% �•/ �, r;9 c� ui., _ - ��/4ii'I.LL.•i! 7,'��� �:L(C<..\� �'a`/ `�''.LC�CGG"../lam%'CJr (i': L'%G'T!C//%(' 4'� i� 'C''�_= rir ^C�"�, t (70. ! r t; �i/ �L<� 6F / CCr.� a•! Biu o/l G.cu iC iJ�G. ,rc (_ ,". - _ C?dPt'/`�G��u/- � r/°u G•c,"gtC�Gi',c`r��.�� � G>! �:G.'L``r%' ���CG �Qi�/(lG';��. CUGGi/u.G� (0 �u GI. ru ez tli_ G, � •, Gr l/ tQ! %t/eQ�d. I%'lay COLI G'? 6'1 CC'%p L:tLXf !�• L &cs �;/_rcv 6. — ' Ci i G7Q<lICC�, - - ;O,•LL� CCl?� G:2Q:;�f //c:.,'�`•t i�'•�Cuu ,�:/! ,i: U-fi: C.�t c%'�o -�Gr: -c�.� z:,. �`'� . �v-4���L cG�c�� a�� G. :.t ��'�(�..;'�i�'I�c�eo.<.2; U..:,;:;�:,.��, ; �:.� a•_ „i �� ( Q_ � C� !� t („• � Ei1J.C. : l Ct: [_Gc t.FJ` G t.�-lL : , ,'✓�.rQ�:i` GCU.G/' ...... ... ..... :Q(r�U �(%'.G�GLL ^,�.:�1 C. G;`-QGcGG2GucG� G- yJ..�1`Jc..LLL�c•'.N-:'cti• � � uc.�.:..v G:'! G'�:-i I E cyv_ / Cc C7 0-4V4-' 0-44 c' _ aeGEd- �& E4�i � � . ey- � a -o, / �o G���G� a <= --- Ya-_.'�1/L!!(v/Lc1._Ur'..G1iYGZ2eerY_.. el . r _ % !• .E�GLG! 4Zu/. / C `' (1/_ / / .LG'Gr-c � '1 41 4esu �?��_w7 2eli _- �. o -- ..�R .v+. •i .:L• -•a-`. v+ � tviy,-; TatA�MG .w=19!''��ri��y �•.iN�'j?an h 'r` . ;Uty' . ACK -2/ Gilt'_ Accu a c.Q'��l c%t1�1�; _t'c Z?'tc_ tc v�c�/: r_ •crvl_r;`� ��:�; c' �L%('.GvLLG(UQ_�.�GCC1'Q4.�iCLG: Gil�� cV;1.G,�1f 41G �1� 47 v �a L' �GZG�'FJ• c� Ct �crOdeW, /rzy, lgot oY �r ✓ brs. Martha R. Gregory' �� I • • To Instrument Numb-�•r 156390 /Idaho Fewer Comnan "It flit flit +rruifill aa -trill ua Iltlle IDAHO PO'.;Fh COM; ANY Pole Lino Ensentent Mrs. Martha R. Gregory of nteridian, grantor, for one dollar and uthrr valuable con- siderations, the r^ceipt of ::.`.icli is hereby acknow1ndged, hereby grants to Idaho Power Company, a corporation, its licens5+es, successors and assigns, the rigl-t to construct, operate, maintain., reconstruct and remove electric transmiasion, distri:nition and tele- phone circuits, or any of them, and t!t-?.'r apnurterance3, attac7-ed to a sir -le line of poles or other surnorts, pit:. their incidental equipment, on, over and across the following premises in Ada Cou:ty, Idaho, to -wit: S164- of SW{ Sec. 5, T - 321 R - lE - B.M. Including always the sante riChts or., over, along and across any and all alleys, i roads, streets and highways, now or hereafter dedicated or constructed within bordering i upon or adjacent to said premises or any part thareof, and including also the riot and i:S1reR, 11 ADA COUNTY, IDAHO 0 privilege to trim trees and brunches to the ^stent necessary for tre onfe and -ror: r operation of the said '?lcctrlcal 3 -sten... IN 1,71711:33 Wi EREUP, THE crnr,tcr !ns t,eretutto subscritwd her name thi3 nth day of Feb. 1934. Itr.es3: - - - - - SI.^9. �.a. t' rthn R. G: ,fi^+ P 3s. Count- of Ada ) Or, this 8 day o: Feb in t! -c ;car �:.� *. •r l , 'fore rne, L. ;.atPa,.,n, 'a ;i0 tar; Public, rers^nally appeared ;,:rs. AiarLhm H. rcror,:, e aider, :mown to me to person whooc no -.:e is 3ttbocrihed to th,2 ::i t:: i:; _nstrur:tent and ackno•r:l�d:.ed thnt sive esec,:ted the Same. (Jc:7,L) W. L. Lnw3on iiotar- Public, re3 Lnin�zIn Licr! !'3n Comni33ion es: Sr^a JLL.e 2C , 1:2•'.4 Record -d nt Lhe recue3t of Idaho Poc:er Com,nny at 20 ainitus Y:,3t 2 o'clock this :.9 da_ of ,:ch, 1234. Fees, 60� Recorder ,i. B. Eldridge To Instrument Number 156393 Pai ette-Bof? fill little if �ise �`��ate.Iftt it if �Usersttle of ��Asstill'n little it I:. THE' UI: TACT ru':i:T UR 1'::., VX!JTN X,*L=CL,L�= ,,1 - .. .NATE OF IDLi!U, Ii; .::ID SDU!t T!:'•: CU';i:'I- OF CAl'+TUII W ) R.WJ1 Pavel No. 25 WARRAIM D® --- XNCW ALL MEN Bi =r, P"FSUM, That i"Inhonli G/e17 6, f 1 of i County of A/n --.P State of is 11rat part_ for• and on account o e certain benoflts to acatuing, an4 of other valuable considers ' 'tions, and the sun of one and No/100ths Dollars (SLOo) t07!k l in hand paid, the reoaip -whereof is hereby a6w.owledged, ha(�" grantod, bargained, sold and conveyed, sad by these presents do grant, bargain, sell and convey unto the State of Idaho, second party, its i successors aad assigmi forever, the following described parcel of land situated in the Count,? of Ada J in the State of Idaho, to -vitt A strip of land lying situnte between the South line of the SW14SW1' of'! Section 5, Township 3 North, Range 1 East, Boise Meridian, and s line II •perallel to and 50.0 rent distant Northerly from the following described center line of hiphwoy as surveyed and shown on the official plot of U. S. i 10 - Project :o. F-3281(5) Hivhwsy Survey on file in the office of the De- partment of Hignways of the State of Idaho and lying over and across the I SW;SW1, except the East 10 feet thereof, of Section 5, Township 3 North, Range 1 ilast, Boise Meridian. j BeginnlnF nt Station 71*69.8 of the said Highway Survey, which statia is a point on tangent approximately 21.2 feet North from the Southwest corner of .Section $, Township 3 North, Range 1 East, Boise Meridian; thence running South 89058' East - 1327.2 feet to Station 84+97.0 or said Survey, ji which station is a point on torment approximately 13.0 feet North and 1327.2 fcut Enst from the Southwest corner or Snction 5, Township 3 North,�� Ranpe 1 East, bolre Meridian. I� t. ymepting that portion already ded New right of vary required being approxi described. :I TOGETHER With all and singular the tenements, hereditantat to and appurtenances twrr ' l unto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, renta, issues and profits thereof; and all estate, right, title and interest 1 In ane to the said propert7, as well in law as in equity, of the said part (rJ of the first part. M HAVE AND TO HOLD, All and singular the above mentioned and described premises, together with the appwrtenarte so, unto the party of the second cart, and. to its succos- sure and assigns forever, and the part (!";',• of the first part, and//Eli/" heirs, the said premises in the quiet and peaceable possession of the party of the second part, its !. successors and assigns, against the said part/:i of the first oart, andzl/e,/- heir_,: and agains t all and every person and persona whomsoever, ]awfully claiming or to claim j the same s!all and will aAFUZANT and by these presents forever DEFEM. . j There is.alao granted herchy an easement adjacent to the above described real prop - arty for relocation of all irrigation and drainage ditches and structu.ter and such sur - :face drain ditches as may be necessary to the proper construction of the highway to be : constructed on aaid real property. Grantoragree that no buil.'.ings or structures, except irrigation or drainage structures, wfU be pecndtted to be cane tructed within 20 feet of the real property above; described. Construction or relocation of right of way fencing shall be by r//gel at the sola expense of the //L.� Grantor J further agree that no b=-' jboards or other advertising signs will be perndtted cser than 100 feet from the real joropert9 above described, excepting signs pertaining to business established on lands adjacent to the described real property. The Grantor _ hereby waive and relinquish _ in favor of the State any -and -all =claims to oresent and future direct access to sAid highway and hiehuay right. of - ray -axe—. -aeon for as shown. on said nlanta. It. WIIN11- 5 WHERELY , /�'t hn'C` hereunto set hand.. and seal_ this /. day of /ci/,: (Seal ) I - IiSTATE OF � ` %�� / (Seal) J9 i'Cotmty of -�r� (Seal) ) (Seal) On this //J_///day of -. �, '�,/ 19S'� befoee me, the tudersi ned a Notary Public in and for said State, personally appeared,/,. /ii��r4r7 ..............................�d................................... rlspect.a.ly, F s ! known to me to be the j persun. fame-.. whose n ................./...::....... subscribed to j the foregoing instrument, end acknowledged to me that .... IIX4.. ..... ........................ _ ............... executed the Sema. IN WITNESS WTMRWF, I have hereunto set my hanand affixed my official seal the day and year in this li certificate first above wriren. Notary /�/ Nota Public m and far the State of..l ...,�IIC..... _._..... I � Residinget...lCll..✓..L..._. ............... -- ...... �. II i w y C ��„ v : w' 1� Ov Co Zaw 'Z � ' r t^ �" o (� y C . 6 : _ •v 1 s ui u _' r: i 9 :a -- RERECOROtL, FOR CORRECT! ON, IN LEC.tL DESCRIPTION. THIS INDENTCf:F. Made this .3,c0 �1-1i3b�5 day of in the Year of our Loni one thousand nine hundred and ninety-two (1992) , between ROG7R H. ALLEN and VIRMNIP. A. ALLEN, husband and wife 1� U ;UU1:3f�;9; of BOISE Countpof ADA State of IrAHO the patties of the first Part, and OSBORN T. SIINBERG atd sHtFLEY G. STENBERG, husban3 and :rife of BOISE County of ADA State of ICAHO thealt f ies of the .t•cond pail. N'11'\FS�E'i li: Th:,t the ..<aid parties of the ti--�( Part. for and in corsideration of the sum of I)OLLARS (if the L•tyited Sta!,•s of America. to them in hand Paid by till- said p:,rt ies of the second part. the receipt whereof is hereby acknoMedged. have GRA\TEI). RAl'GAI\EI). SOLD mill C0.'.A'E1•Ea..,n.l by these pre<rnts do };rant. bargain. ;ell and convey. unt• till- s.,id p:,rt ies of the second p:.rt.:ujd :o heir hcits and ssiy;ns foaver.:,l! that certain lot piece or parc••I „f !ami. situate. lying :,nd briny: in the County of Ada i,nd State of Idaho. follnas. to -wit: FEEL PRGPER—ly OF—SCRIBED ON "E-eliIBIT A" ArrAc r :�mu The parties of the Seco yd part agree to release portions of thy: real property describod on Exhioit A in accordance •.:it_!: U& tears of that ^ertain Partial Release Agreanent of even date herewith betw+ep-n the parties of the first part and the parties cf the second part. C .j i,iLE Co. 27 Frl ' 23 tr•i•�•th•�r •.�irh ..tf :,n.i •it.nrl:r •�•. •:,•rnr•r.t�. h,Yerl,t:,m .! -r.: ..« •,t.tr.•tt:ur.�n.. .'.t, ,I•�,:,• .•..rr.. !heir•lr, Leir.ny;iny; nr u: 0 V5001363 Gi;A\T Is intendtd a< morts:.&ge t•. stcure the payment of that :ertain promissory note of even date herea ith, ex,-cutcd and delivered by the said parties of the first part to the said part ies of the second part. the repayment of which note ii in the words and figures following, to-%% it: The principal balanoe of the Note, in the amount of $400,000.00, together with interest thereon at the rate of nine percent (9.05) per annum, shall be paid as follows: On January 1 , 1993, the parties of the first part shall pay to the parties of the second part the sum of $ 3,356.79 , and a like amount shall be paid on the same day of each calendar month thereafter until December 1 , 1997, on which date all principal then unpaid and all interest accrued but unpaid shall be due and payable in full. And these presents shall lie tc:d if such payment be made. But in case default shall be made in the yrYh`�2�' payments of said principal sum of money, or any part thereof. as provided in said note or if the interest be not paid as herein specified, then and from thenceforth it shall be optional with the said part ies of the second part. Executors, administrators, or assigns, to consider the %%hole of said principal sum expressed in said note as immediately due and payable, although the time expressed in said note for the payment thereof shall not have arrived; and immediately to enter into and upon all and singular the above described premises, a. d to sell and dispose of the same and subject to all benefit and equity and redemption of the said parties of the first part, their heirs, executors, administrators or assigns, according to lata, and out of the money arising from such sale to retain the principal and interest which shall then be due on the said promissory note , together with the costs :ind charges of foreclosure suit, including counsel fees and also the amounts of all such payments of taxes, assessments, incumbrances, or insurance as ntay have been made by said part ies of the second part, their heirs, executors, administrators or assigns, by reason of the permission hereinafter given, with the interest on the same hereinafter allowed. rendering the over - plus of the purchase money (if any there shall be) unto the said part les of the first part, their heirs. execu- tors. administrators or assigns. And the said part les of the first part do hereby further cotenant, GG050013G4 promise and agree, to and with the said parties of the second part. to pay and discharge, at maturity. all such taxes and assessnumts, liens, or other incumbrances now subsisting, or hereafter to be laid or imposed upon said premises cr nhich may be in effect a prior charge thereupon to these presents, during the continuance hereof, and in default thereof, the said part ies of the second part may pay and discharge the same, and may, at their option, keep fully insured against all risks by fire the buildings which are now or may hi hereafter erected thereon, at the expense of the said part izs of the first part - and the sums so paid shall bear interest at the rate of nii.e (9.0%) percent per annutn until paid, and shall be considered as secut ed by these presents and be a lien upon said premises, and shall be deducted from the proceeds of the sale the-eof, above mentioned, with interest as provided. IN WIT\ESS )VIIERFOF, The said part les of the first part have hereunto set their hand s and seal s the day and year first above written/--� Signed, Sealed and Delivered'in the Presence of !/ ALr ... (SE Rt�r�u li.y ALLEN ..... ._...... ..................... ........... ................. -........... . /......................... (SEAL) .......................................... .. ........................... /".0 l G1L.t�..0 L...L (r C�L4':C/ (SEAL: c VIRGI27IA A. AI.I.F2V _ .............. ...... -... ... (SEAL) STATE OF IDAIIO, j County of HC c I On this 34:r) day of L, ; • - ! in the year 19 92 before me, a \otatry Public for said State. personally appeared ROGUR H. ALLEN and VIRGINIA A. ALL&N Ln - it !o me (or proved to me un the oath of person s whose :mnie s suL;cr ihed to In! Pe the the ,cithin ir. Uunrcnt. ,j rig i, l ..i:Utl ;!Lti c\'-Cuted .i•rw,de.rt, or Viae i'rnid.nt,?-er..>r: ••r .�•• n, .... an.l acki owledged to me that they executed the=an-.,,. !X .4'1T\ S CL'11E1:E0F, I h.t;e ht: .c a:::ld ..n,! ...i\t•i ni; tt!ier,:1 -e:,'. the d.,_. ..ca y• u• in this.certificate filst above ttritt n• Pnidit• in ..nd . .• the . ,.... lr,:d•.n. !t•�idin'z I Wcop(j abyL�Ia61e .XHISIT A (Legal Desripgon of Property) JL0v0vvlJb3 SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION S. TO':iNSHIP 3 NORTH, RANGE I EAST OF THE BOISE M.ERIOIAN, ADA COUNTY. IDAHO: EXCEPTTHAT PORTION DEEDED TO THE STATE OF IDAHO IN WARRANTY DEED DATED JULY 15. 1955 EXECUTED BY FLORA E. OOAN AND GLEN G. DOAN. HER HUSBAND. RECORDED AUGUST 1. 1955 UNDER RECORDER'S FEE'NO. 300794. AS FOLLOWS: A STRIP OF LAND LYING SITUATE BETWEEN THE SOUTH UNE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION S. TOWNSHIP 3 NORTH. RANGE 1 EAST, BOISE MERIOIAN, ANO A UNE PARALLEL TO AND 50.0 FEET DISTANT NOR fHERLY FROM THE FOLLOWING DESCRIBED CENTER UNE OF HIGHWAY AS SURVEYED ANO SHOWN ON THE OFFICIAL PIAT OF U.S. 30 • PROJECT NO. F- 3281 (5) HIGHWAY SURVEY ON FILE IN THE OFFICE OF THE DEPARTMENT OF HIGHWAYS OF THE STATE OF IDAHO AND LYING OVER AND ACROSS THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, EXCEPT THE EAST 10 FEET THEREOF, OF SECTION 5 TOWNSHIP 3 NORTH, RANGE I EAST. BOISE MERIDIAN. BEGINNING AT STAT^N 71 PLUS 69.8 OF THE SAID HIGHWAY SURVEY. WHICH STATION IS A POINT ON TANGENT APPR0X0.:A7ELY 21.2 FEET NCRTH FROM THE SOUTHWEST r-ORNEP OF SECTION 5. TO'.'VNSHIP 3 NORT". R=i1GEE 1 EAST, SOISE MERIDIAN, THENCE RUNNING SOUTH E= :o EAST, 1327.2 FEET TO STATION 0.3 PLUS 97.0 OF SAID SURVEY.:":HIC)-.. STATION IS A PO:':- ON T: NGENT APPROXIMATELY 13.0 FEET NORTH ANC) 1327 2 FEET EAST FROM THE SOUTHWEST CCn':ER CF SECTION S. TOWNSHIP 3 NORTH, RANGE 1 EAST. BOISE KIERICIAN E�164F } E6AL-BE3 �'�!Pi h0!r TOGETHER wic;' a strip of land 10 feet vide along the Gest side of the Southeast Quarter of the Southwest Quarter, Section 5. Township 3 North, Range 1 East of the Boise Meridian, for the purpose of building a county road. END OF LEGAL DESCRIPTION EXHIBIT A - Page 1 of 1 F, 63575 '36 PARTIAL RELEASE AGREEMENT THIS AGREEMENT made the .�' day of : r! ,� /•..'1 ; 1992, between ROGM H. AL' —N and VIRGINIA A. ALLEN, husband and wife, whose address is 6904 Randolph Drive, Boise, Idaho 83709 (collectively 'Mor. ,gor7 and OSBORN T. STENBERG and SHIRLEY G. STENBERG, husband and wife, whose address is 3600 W. Gfienbrier Dr., d3c::e. Idaho 83705 (collectively 'Mortgagee7. WITNESSETH: WHEREAS, the Mortgagor has executed and deli%,,red to the Morgagee a Mortgage of even date herewith ('Mortgage7, which Mortgac.e secured the pay..ient o1 a Promissory Note of even date herewith ('Note'); which ?forrgage was recorded December 3, 1992, as Instrurent fro. WHEREAS, the Mortgage covers certain real property ir, Ada County, Idaho, more particularly described on 'Exhibit A' attached hereto and made a part hereof (hereafter 'Mortgaged Property'); and WHEREAS, the Mortgagor and the Mortgagee have agreed. Lhat upon the payment of principal on the Note, the fAortgagee shall release from the encumbrance of the Mortgage portions of the Mortgaged Property. NOW THEREFORE, IN CONSIDERATION OF the purchase by the Mortgagor from the Mortgagee of the Mortgaged Property, and for other good and valuable consideration, the existence and sufficiency of which is acknowledged, IT IS AGREED: Section 1. Partial Releases -Payment of Principal. The Mortgagor shall be entitled to have released free and clez , of the encumbrance of the Mortgage, and the iy}}Zi Mortgagee agrees to release from the encumbrance of the Mortgage, one (1) acre of the Mortgaged Property for each S17,250.00 of the principal of the Note paid by the Mortgagor, provided that () the minimum acreage of the Mortgaged Property to be released in any one (1) partial release shall be five (5) acres, and (ii) the per acreage payment for a partial release shall be in addition to any payments of principal or interest paid by the Mortgagor to the Mortgagee on the Note. Section 2. Richt of Prepavment. The Mortgagor shall have the right at any time, and from time -lo -time, to prepay all or any portion of the principal balance of the Note without penalty, provided that a prepayment of principal by the Mortgagor shall not relieve the Mortgagor from the obligation to pay the interest inslallment,$) next due under the terms of the Note. Section 3. Partial Releases -Subdividing. If the Mortgagor subdivides all or a portion of the Mortgaged Property and records a final subdivision plat with respect thereto, the Mortgagee shall, without the requirement of a payment of pri-,cipal of the Note, release from the encumbrance of the Mortgage, at the time the plat is recorded in the official records of Ada County, Idaho, all public streets and rights-of-way within said subdivision as shown on the final subdivision plat so recorded. In addition, the PARTIAL RELEASE AGREEMENT - 1 a Mortgagee shall release each of the platted lots within the recorded subdivision hom the encumbrance of the Mortgage upon payment by the Mortgagor to the Mortgagee of an amount equal to $17,250.00 per acre, prorated ba.:ed on the number of square feet contained in the said lot multiplied by $0.40 (40¢). Section 4. Restriction on Release - Continued Access. Subject to Lhe provisions of this Section, the Mortgagor shall have the right to determine the portions of the Mortgaged Property to be released from the encumbrance of the Mortgage provided that the dimensions and location of the released portions shall be such as to not unreasonably diminish the market value of the balance of the Mortgaged Property remaining subject to the Mortgage, it being agreed that the release of any potion of the Mortgaged Property which is required by any governmental entity or agency thereof in connection with the dedication of roads or other public ways shall not diminish the market value of the balance of the Mortgaged Property, provided that access thereto is assured as hereafter specified. In the event that a portion of the Mcitgaged Property is released from the encumbrance of the Mortgage as provided in this Agreement, adequate provision shall be made by the Mortgagor to provide legal and adequate access to the unreleased portion of the Mortgaged Property and, in addition, in the event of a foreclosure by the Mortgagee of the Mortgage, the Mortgagee shall have the right to tie into and connect to roads, public ways, sewer lines, water lines and other utilities constructed upon those portions of the Mortgaged Property previously released from the encumbrance of t; s Mortgage. Notwithstanding any other provision of this Agreement to the contrary, and except for Dortions of the Mortgaged Propert required by a governmental entity or agency in conncection with the dedication of roads or other public ways, as provided above, the (' Mortgagor shall not, withc.--t the prior written consent of the Mortgagee, have the right to obtain the release of all or any portion of the most southwest ten (10) acres of the Mortgaged Property until the Note is paid in full, it being agreed that said ten (10) acre portion of the Mortgaged Property has, in the opinion of the Mortgagor and the Mortgagee, the highest per acre value of the acreage comprising the Mortgaged Property. Section 5. Procedure to Obtain Release. Upon the election of the Mortgagor to obtain a release of a portion of the Mortgage Property from the enc-imbrance of the Mortgage, the Mortgagor shall have prepared by a qualified civil engineer or land surveyor a description of the portion of the Mortgaged Property to be released, together with a plat map showing the outline of the whole of the Mortgaged Property and the portion to be released and the portions thereof p.eviously released from toe Mortgage. Copies of said legal description and plat map shall be delivered to the Mortgagee (each party comprising the Mortgagee) together with the necessary documentation to effect the release. The Mortgagee shall either () execute, acknowledge and deliver to the escrow holder designated by the parties to hold the original of the Note and the Mortgage the documents required to effect the release, or it provide to the Mortgagor written objections thereto within ten (10) Jays after delivery thereof to the Mortgagee. In the event the Mortgagee objects to the release, such objections shall be in writing PARTIAL RELEASE AGREEMENT - 2 and delivered to the Mortgagor within the time specified, or such objections shalt be conclusively deem to be waived. The documents which are executed, acknowledged and delivered to the escrow holder to effect the release of a portion of the Mortgaged Property snag be delivered by the escrow holder to the Mortgagor upon the Mortgagor paying to the escrow holder the amount of the principal required to be paid for such release as provided and determined in accordance with the terms of this Agreement. Section . Documents of Further Assurance. Each of the parties agrees to execute, acknowledge and deliver such other and further instruments and documents as may be necessary to carry out the terms cf this Agreement and the intent of the parties expressed herein. Section 7. At+.-2rneys Fees. If suit or action is brought to interpret or enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees in addition to other costs and disbursements allowed by law, including the same with respect to an appeal. Section 8 Succession. This Agreement shall inure to and be binding upon the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the date and year first above written. PARTIAL RELEASE AGREEMENT - 3 MORTGAGEE: OSBORN T. STENBERG SHIRLEY,�. STENBERG STATE OF IDAHO ) ss: County of Ada ) i' \ On this % day ofIt' (rtr' , 1992. before me, the undersigned, a Notary Public in and for said State, personally appeased ROGER H. ALLEN and VIRGINIA A. ALLEN, husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certil:cate first above written. 2 17 Notary Public for Idaho Residing at / -. - Idaho My Commission Expires: , �SE.SL) STATE OF IDAHO ) ss: County of Ada ) Cr: � On thisday of.�'�,;. Y 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared OSBORN T. STENBERG anc SHIRLEY G. STENBERG, .husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary ublic for Idaho Resigng at JZ •� Idaho !SEAL) Mj ommission Expires: 3 r^, -q 3 - PARTIAL RELEASE AGREEMENT - 4 EXHIBIT A (Legal Cesrpt;on of P:oreny) _ j7 '°2 0 C 3S� F, i _ SOUTH'.:EST QUARTER OF THE SOUTF-'::ST C!_'A2-F_R OF SECTV:N S. 'C....il';a J :C,-,T•�. r•%.t:;` EAST CF THE ADA CC'U':TY, _A -O: EXC>PTTHAT PORTIC.'J CEEDED TO TI-EI"J .•Ai:.r-.A :TY CEPC CATER JULY IS. 1955 EXECUTED BYFLORA E. GCArJ'AND GL_P: G HER ri: S' !. 1 ;;5 FECORCER'S FEE NO. 3,,1Q7,:. AS FCLLC•.S A STA!P OF LA':O LYING SITUATE SET'.:E=_'J 7rtE S-,:JT,i !-it.E CF !! SC1;TI?:.EST C::A?TER C= °E SOUTH7:EST CUARTEP Cc SECTION 5. TC-•.:S^:p? .*:C;; -,H. SANSE ; EAST. 9015"c t: E ,;Ca;J. tiG' LINE PARALLEL TO AND 50 0 FEET D1S-A.'.T . '^?T -E LY FP t.! TrE 1704__O'. a": G CES .,••'8E0 LINE OF HIGH'::AY AS Suri EYED AND S}-C'..� C': THE CFFiC.AL PLAT OF!; S. 30 FSC_=C T 2281 (5) H!GHYIAY SL'R:E'{ O.: FILE 1h TF;=_ =iCc CF THE CEPA-T1.l t:T CF H!GH':.nYS CF THE STATE OF IDAHO AND I-YiNG OVER A,.:) ..=CSS T H= SOUTH'.: ES T CUR. EP vF T}-=_ SOUTHF.'.EST CUA.RTER, EXCEPT THE GIST ,0 FEET T === _t C;: S_C-T:0N 5 Tr'A :°,1 iF' nT -. %•':':,E E;.E" Bois_ t.'ERICIA\. SEUaua,":G AT STATIC... , , P -_US EJ 5 `t _ 'iJ .0�1...! , ;'/ .. _ r- _ TANG=NT;,PPFRCXI :'A7F1_Y 2' 2 FEET t:_ °-C' 'rE SCL1'....E�--Gr-':E1, �F cc- -_.r: 5. TC'.•.:SHiP 3 t:`inTH, :GE . EAST, :,^_ S_ = _. TME!JC.pE RUt•: :NG SOUTH e9 SS' EAST 1327 2 FE=7 -C, S7A'.10'J 04 PLUS :!' 1 CF SA' STATICN IS A FC:':T C'. TANGENT APan•':x-'-'AT ELY :3 0 FEET `iCATH .:.' 1227 FEE [AST Tt,E SOUTH'. -'EST CCP!'E= C= SECTIC• ° c_�;P 2 NCaTH. iIANG_ . EAST. BO"E ENO OF LEGAL_ CESCRIFTION EXHIBIT A • Page 1 of 1 / l W I i p� m x w i S C � i U o U u 9 of o a < � ^- 2 O ; o / l p ^ Q311Y1eN11 v t � / 11.Y4pL,00i W ,K11[l �ysQ�jTVO ��� > O E- 8 2RbiWZ p = � WOf WO A #¢zm_ • o E rl 3rn3,\r I i x w Y W U o �Sfi o U of o a < u co O GO I i l p ^ u v t W - - co•- 4 ¢QW }� s is P F O G � � 2 _ s J V ¢ L[AC� H \ Y1 - rr. �ryp .e Q>grd3✓e Zss. ,n saw T n I i od N Y of o a < NI m O GO I i l p ^ u \Y, ` u }� s is P F M4 � W fi ll. y w LSVM 111 IDLL93i Oro& 340AD 1S/M7 VWN � •tC 1Y (�caiS ,tf'ViLI 7.1S.eT�ON aeoi ;xnra Cl >'ooe anu rule � NMAOOBfls swot V N 01/19/1996 14:14 1-208-343-4954 DAKOTA DEUELOPMENT PAGE 01 Date: I— 1911A - From: 91A From: 1 Qi n tMt, DAKOTA DEVELOPMET January 19, 1996 A KOTA PAX TRANSMITTAL No. of Pages`UlTincluding this page) Originals will not be sent To: 771 of 2 A R 91 TT` — P<, Fax No. a87- 4 13 R8: AVXST Plaza - Lot #7 Conditional Use Permit Application Warranty Deed Ift,_ Jim Rabb is Per your request, attached is a copy of the "Grant Deed for the 40+/- acres we are developing on the northeast corner of Locust Grove Road & Fairview Avenue. This Deed is to be included with our Conditional Use Permit application for Lot #7 - Chevron. Thank you your help and cooperation. attachment CC: B. Strite - BRS w/attachment ■ PHONE (208) 343.5223. FAX 343.4954 380 EAST PARKCENTER BLVD. SUITE 105 BOISE, IDAHO 83706 JAN 19 '96 13:17 1 209 343 4954 PAGE.01 01/19/1996 14:14 1-208-343-4954 DAKOTA DEUELOPMENT PAGE 02 GRANT DEED THIS INDENTURE made the 31st day of December, 1992, between ROGER H. ALLEN and VIRGINIA A. ALLEN, husband and wife ('Grantors') and AVEST LIMITED PARTNERSHIP, an Idaho Umlted Partnership, whose address is c/o Roger H. Allen, 6904 Randolph Drive, Boise, Idaho 83709 ('Grantee'; WITN ESSETH: The Grantors, for and In consideration of the sum of Ten and No/ 1 ooths Dollars, lawful money of the United States of America, and other good and valuable consideration, to them In hand paid by the Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold, and by these presents do grant, bargain, sell, convey and confirm unto the Grantee, and to Its successors and assigns forever, the following described real property situate in the County of Ada, State of Idaho, to -wit: REAL PROPERTY DESCRIBED ON 'EXHIBIT A' ATTACHED HERETO SUBJECT _ TO: All encumbrances, liens, easements, Covenants, AM% agreements, reservations and restrictions of record or visible upon a physical inspection real property, and rights of tenants in possession. TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or In anywise appurtaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all estate, right, title and interest In and to the said real property, as well in law as in equity, or the said Grantors. TO HAVE AND TO HOLD all and singular the above-described real property, together with the appurtenances unto the said Grantee, and to its successors and assigns forever. IN WITNESS WHEREOF, the Grantors have hereunto executed this Grant Deed as of the day and year first above written. _ ROGTLLEN J , Z -LZ 1RGINIR A. ALLEN �J GRANT DEED -1 JAN 19 '96 13:18 1 208 343 4954 PAGE.02 01/19/1996 14:14 1-208-343-4954 DAKOTA DEUELOPMENT PAGE 03 0-1 STATE OF IDAHO ) ss: County of Ada • ) On this 1q6 day of February, 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared ROGER H. ALLEN and VIRGINIA A. ALIEN, husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the some. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cenircatd first above written. (SEAL) GRANT DEED - 2 JAN 19 '96 13:18 Notary Public for Idaho Residing at 7ffWWbx. Idaho My Commission Expires: -1-541 1 208 343 4954 PAGE.03 01/19/1996 14:14 1-208-343-4954 DAKOTA DEVELOPMENT PAGE 04 CK1110IT A (Legal Description of Real Property) k vvG_, SOUTHWEST QUARTER OF THE SOUTHWEST OUARTER OF SECTION 5, rOWNSI IIP 3 NOnTH, nANGE I EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO,, EXCl<PTTHAT PORTION DEEDED TO THE STATE OF IDA140 IN WARRANTY DEED DATED .JULY 15. 1955 EXECUTED BY FLORA E. DOAN AND GLEN G. DOAN. i,ien iiUSGANO, nI=CORt)t"D nUGUST I, 1q�,5 Uo•IUj:R RECORDER'S FEE NO. J100794, AS FOLLOWS: A STRIP OF LAND LYING SITUATE 6ETWEEN THE SOUTH LINE OF THE SOUTI IWC ,T U1iAnTF.A OF THE SOUTHWEST QUARTER OF SECTION 5. TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MEnIDIAN, AND A LINE PARALLELTO AND 50.0 FEET DISTANT NORTHERLY FROM THE FOLLOWING OESCSI©EO CENTEn LINE OF HIGHWAY AS SURVEYED AND SHOWN ON THE OFFICIAL PWT OF VS, 30 • PROJECT NO F. 3201 (5) HIGHWAY SURVEY ON FILE IN THE OFFICE OF TFIE DEPARTMENT OF F 11011WAYS OF TI•IE STATE OF IDAHO AND LYING OVER AND ACROSS THE SOOTHWEST OUARTEn OF TI -1E SOUT11WEST OUARTER, EXCEPT THE EASY 10 FEET THEREOF, OF SECTION 5 TOWNSHIP N011TI.1, 11ANGE I EAST. BOISE MERIDIAN. BEGINNING AT STATION 71 PLUS 69.0 OF THE SAID HIGHWAY SURVEY, WHICI{ STATION IS A POIPIT Qnl TANGENT APPROXIMATELY 21.2 FEET NORTH FROM THE SOUTHWEST COANEn or SF.CTION 5, TOWNSHIP 3 NORTH, RANQE 1 EAST, BOISE MERIDIAN, THENCE RUNNING SOUTH 09 S8' EAST, 1327,2 FEET TO STATION 04 PLUS !37,0 OF SAID SURVEY, WFIICH .-eTAT10N IS A POINT ON TANGENT APPROXIMATELY 13,0 FEET NOFIyH ANrj 1;127.2 FEF_T CAST FROM AE SOUTHWEST CORNER OF SECTION S. TOWNSHIP 3 NOATI 1, MANGE 1 CAST, OOISE MFAIpIAN TOGETHER with a strip of land 10 feet vide along the west side of the Southeast Quarter of the Southwest Qunrter. Section S, Tnvngbil) 3 Nortl,, Rouge 1 East of the Boise Meridian, for the purpose of building a county road. END OF LEGAL DESCRIPTION. FXHIAIT A - Pane 1 of 1 JAN 19 '96 13:19 TOTAL P.04 1 208 343 4954 PAGE.04 'nal w O O H U) U O J 0 z 4'I -- i► �. . MIRA E MEAD f7 I a DOVE MEADOWS PROPOSED R4' SUBDIVISION CmwwG r FAIRVIEW AVENUE I SITE LOCATION APPROXIMATE SCALE: 1"=300'