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MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: October 10, 2000 Transmittal Date: September 25, 2000 Hearing Date: October 17, 2000 File No.: FP 00-021 Request: Final Plat approval for 128 building lots and 22 other lots on 68.44 acres for Bear Creek Subdivision By: Bear Creek, LLC Location of Property or Project: e/o Stoddard and s/o Overland Sally Norton, P/Z pvo vaR, vac, ~~ Kent Brown, P/Z nvo vnR vac, r-P~ Thomas Barbei ro, P/Z Mo vaR, vac, Fri Richard Hatcher, P/Z nvc vaR vac ~~ Keith Borup, P/Z nvo vaR vac, ~~ Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service nvc vaR vac, r-r~ Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Meridian School District Ivor-P~ Meridian Post Office r~P~Po„m Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. ~aiapc~ry~ U.S. West ~P~PPa~n~ Intermountain Gas~~P«,M Bureau of Reclamation ~a~Pay~ Idaho Transportation Department rnror-~~ Ada County ra~,~X~~ o~m AZ - 22 FP - 23 PP/PFP - 24 VARNAC/CUP - 20 REr~~D ~IjEST FOR SUBDIVISION APPR S Ep t 3 lUuO PRELIMINARY PLAT ANI3f©R FINAL PLAT c~~t ~ f ~!~'' ~ i+~~~'~IA1V PLA~'~,1t'r'C~ ~ BONING PLANNING AND ZONING COMMISSION .~.~.:. TIl~iE TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION i . Name of Annexation and Subdivision: Bear Creek Subdivision 2. General Location: Portion ofE'/z Section 24, T.3N, R. ii~V (East of Stoddard & South of Overland) 3. Owners of record: Bear Creek L.L. C. Address: P.O. Box 344, Meridian ID. ,Zip 83680 Telephone 888-9946 4. Applicant: Bear Creek L.L.C. Address: P:O. Biox 344, Meridian id. ,Zip 83680 Telephone 888-9946 5. Engineer, Kathy Stroschein Firm Briggs En ' eerin~, Inc. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: Bear Creek L.L. C. Address P.O. Box 344, Meridian id. 83680 Telephone 888-9946 PRELII~~IINARY PLAT Ci-IECKLIST: Subdivision Features i . Acres: 68.44 2. Number of buiidmg lots: i 29 3 . Number of other lots: 22 4. Gross density per acre: ~ .88 5. Net density per acre: 2.55 6. Zoning Ciassification(sj: R-4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N1A 8. Does the plat border a potential green belt? No 9. Have recreational easements been provided for? Yes (Micro paths and pocket parks 10. Are there proposed recreational amenities to the City? Yes Explain An 18.62-acre City sports park i i . Are there proposed dedications of common areas? Yes Explain An 18,62-acre snorts nark (improved with sprinklers, on a parking lot and turfl For future parks? Yes Explain : The facility can be used for soccer fields Baseball diamonds and other park recreations. 9Rf1~.fl~1C~~2d~PT _#1~(FTt_final i 2. What schooi(sj sere area? Meridian School Distri , do you propose arty agreements for future school sites? No ,Explain Discussed an Eiementarv School site with the Diststrict and they said the ~pro~periy was too far south i 3 . Are there arty other proposed amenities to the Cit}fl Yes ,Explain The applicant will install sprinklers, turf and one parking; lot in the park i4. Type of Building (Residential, Commercial, Industrial or combination): Residential i5. Type of Dwelling(s) (Single Farniiy, Duplexes, Multiplexes, other): Single Family 1.6. Proposed Development features: a. Minimum square footage of lot(s): 9,3 i9 b. Minimum square footage of structure(s): 1,400 c. Are garages provided fofl Yes Square footage: 400 d. Has landscaping been provided for. Yes ,Describe 30-foot iandsaning along Stoddard Road and Victory Road and within the project e. Wiii trees. be provided for? Yes Wiii trees be maintained ? Yes (i Iomeowner's Owners Association) f. Are sprinkler systems provided for? Yes g. Are there rnultipie units ? No ,Type: _ N/A Remarks: h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: _ Driveway, es, parking in cui-de-sacs and one parking lot onthe east side afthe park j. Value range of property: N/A k. Type offinancing for development: Corrventionai i, Were protective covenants submitted? Yes ,Date: _ Sample i 7. Does the proposal land lock other propert}~ No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: i . Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions w711 be determined by the City Engineer. Ail sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-6fl4 B PRE-APPLiCAT~UN MEETIlYG The developer shah meet with the Administrator prior to tfie submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 4Qtadn~~cr m,~~~r ._r-,mr2 _n„ar • STATEMENTS flF COMPLIANCE & DEVELOPMENT FEATURES BEAR CREEK ESTATES SUBDIVISION Ali proposed streets viii be public and constructed to Ada County Highway District Standards. The streets wiii be constructed as 36-foot section with curbs, gutters, and 5- foot sidewalks on both sides within 50-feet of right-of--way. The proposed streets wiii meet the improvement standards set forth in the Meridian Zoning Ordinance. 2. The proposed residential development is in compliance with the Meridian Comprehensive Plan. The plan designates the property as single family residential development. 3. The development is subject to the dimensional standards of the R-4 zone. Ali proposed residential lots exceed the 8,i1fl0 square foot minimum lot size. Ail lot frontages meet the 8U-foot requiremenrt with exception of the cui-de-sac lots and lots on a 90-degree bend in a street. These lots fail within the 40-foot frontage requirement. 4. The development complies with the provisions of the Meridian Zoning Ordinance. 4. The final plat reflects existing easements associated with the Ridenbaugh Canal. 5. The street names on the preliminary plat were submitted to the Ada County Street Name Committee for their review. Attached is a letter from the Ada County Street Name Committee approving the street names for phase one of Bear Creek Subdivision. 6. Dedications to the Public: The development provides a Meridian park site (18.62 acresj. 7. Statement of Development Features: Ties phase of the development consists of (i29j single family residential lots, (21 j common lots, and (i j park lot. A future phase of this development wiii adjoin Eik Run Subdivision. The proposed density of 2.55 dwellings per acre is a very low density for the R-4 zone requested. 8. Five stub streets are proposed with this phase of development to be extended into future phases of Bear Creek Subdivision. At full build-out, four stub streets wiii be provided with two for future connection to adjoining properties and two to connect to Eik Run Subdivision. 9. Micro-path connections have been provided within long blocks and around the Meridian Park site to provide pedestrian access to the open space. i0. Three entrance streets nave been provided within the project, which feeds traffic to Stoddard Road. Common lots have been located within the project to facilitate storm drainage retention. Parking islands are proposed within some cui-de-sacs. The islands wiii be landscaped with parking on one side. 99021 instatement-corn ~" C~~~ S E P 1 ~ Z000 CI'I"Y OF : ~']~TDIAlti PLA.~vG & zoNrrrG • • i i . An i 8.62-acre Meridian Park lot has been provided for a future City park. The applicant intends to install irrigation facilities, hydro seeding and the parking lot on the east-side of the park. Future parking lots, soccer fields and Bali fields are shown based on information from Boise Parks Department for parking needs and field configuration. i 2. The developer will install a sewer lift station at the northwest corner of the park site and install a pressure line to connect to sewer in Eik Run. Water will be extended from Overland Road t i 2 inch line) south on Stoddard Road to the subject property. A looped connection will be made to Eik Run Subdivision. i 3. A traffic study was prepared by Dobie Engineering submitted to ACRD. ACHD reviewed Bear Creek Estates Subdivision in draft form on apre-application review. i4. The Kennedy Lateral adjoins the east boundary. The lateral was piped by the developers of Eik Run Subdivision. The Ridenbaugh Canal traverses the southwest corner of the property. The Ridenbaugh will be left undisturbed. The Hardin Drain traverses the midsection of the property. The drain will be piped within this phase. The applicant will submit a plan to Nampa Meridian irrigation District for their review and approval. i5. The applicant intends to provide pressurized imgation to all lots. The system will be designed and constructed to NMID standards. The system will be owned and maintained by NMiD. i 6. A minimum of 30 feet of landscaping has been provided along Stoddard Road and Victory Road. Deviations have been provided to provide additional depth to the landscaping to minimize a corridor effect. i 7. The final plat was prepared in accordance with acceptable engineering, architectural and surveying practices and local standards. 990211 statement-earn ___ O F d : ~ ~ N n ~ I ow n3 00 00.06 N • M O ng ~ry m e -rr ~ m ! ,gr g - `J ,UOYL1 ~ ('iZ ~ 3, 1 hl ~B oo~ '9Z~- ~~ ~ 8~ y-o- Oy`d'~ < 1~ F ~ ' ^ CI 2 ,OOYZI O,qL H a ° 88 vt ' 01 1s W 203."+ g Ol 110018 ~.CZ ~ I~~ ~ O Q ~ ri ,00 OL SL'66 ~~ ~ •Ci g01 y Ll 9L N ` 8 DO AO A6 SiJ -~_ A9'BSL = •.i ~- ~ o p ~ . 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BRIGGS ENGINEERING, INC. N ~ BEAR CREEK SUBDIVISION NO. 1 REVISION BRIGGS PORTION OF THEE 1/2 OF SECTION 24, T.3N., R.1W., B.M., ~~~1. ~ '~ ~~00 INS ADA COUNTY, IDAHO SHEET (206) 3449700 1 OF 1 1800 W.OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 BKB 1" = 800' 07I14I00 990211 \990211.APR `~,~ '~,. ''~'; ~ s ~ .~.. ~ ~~~ ~ ~ , Margaret A. Tolley, Member By ichar Boyar] Member STATE OF IDAHO ) sa. County of Ada ) On this /.~'~ day of __NJr1,Y , 1999, belors me, the undersigned otary Public in and for said State, personally appeared ABORGE D. E0ICLCE, known or identified to me to be the member of the limited liability company that executed this instrument on behalf of the limited liability company and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand an8 affixed my official seal, t~e~'~~e and year in this certificate first above written. 4 ~~~~,N....yCJ~ ~,O'rnRr * _.- AOBL~G ota Public~r State of Idaho Resi ing at i ~ ~~9TB OF tOp~' My Commission Expires: STATE OF IDAHO ss. County of Ada ) On this ~~ day of ~~ Y , 1999, before me, the undersigned Notary Public in and for said State, personally appeared CAROL E. ILZTCEELL, known or identified to me to be the member of the limited liability company that executed this instrument on behalf of the limited liability company and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the and year in this certificate first above written. ~ FRa P~ NOp ~ ~~ ~~ a AGeLIC 4e~+.~F ID A1;~ ,, Notar Public f r State of Idaho * ~ Residing at ~ ~~~ My Commission Expires: ~ WARRANTY DEED - 2 ~.a.~~.~aav.os~osv ~ ,~.~ ~i'r ~' J. .,: . 1 d' ~. , ~~~~ STATE OF~' 6Fyf~ ' as. County of ,/ On this ~~day of , 1999, betore me, the undersigned Notary Public n and for said State, personally appeared IOIAAAftsT A. '1'0I,LIIY, own or identified to me to be the membor of the limited liab lity company that executed this instrument on behalf of the limited liability company snd acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above Written. ~.-~ , ~~~ CpnrtYslpn91185715 Not c or: NolayPUblc-CoAlanly Res ding . Plocar County My Commi ion res : -.~ MyCartm B~IesJUnZ9,7~2 STATE OF ~t7M s*'o ) AA ge. County of /r0 ~' ) _ ... . On this mayday of /Vl~ ~ 1999, belore me, the undersigned Notary Public in and for said State, personally appeared AICSLAD E. 80YACA, known or idantitiad to me to be the member of the limited liability company that executed this instrument on behalf of the limited liability company and acknowledged to me that he executed the samo. IN WITNES8 WHEREOF, I have hereunto sst my hand and affixed my official seal, the day and year in this certificate first above Written. Q4~~ ~~ O~ AR ~- * o * ~ I~~ G ~ Notary Publio for: ~~A+,a.~ Resid ng at pugv~ sp , My Commission Expires: D S o ~ ~•~~'P age Ty Tp Op 19ya WARRANTY DEED - 3 .~s.y.,ksan~evn.~~na~ v3 ~~ .~~K"~ ~~~~ 4~ f ~ ~~~ ~ ~ ~~ i t d ~,I~a~~'~t 'r ;,a t . ~if ttl~~ ~ ;tN Tt~ y ~° ~rvti'~,ti~ ~ ~ ~ G~~y,,~ o ~, ~iy 4 ~,~t4}l~r 1~ ak'y;`aJ ft sky y. ! ~ :,. 1 • tl 4 ~~~a.,Ul. ~r Y: x~( Sh Vq,. ~~ Y~ ~TT~ 5 ~ 1. ~ r ~~. ; c1 ~ t'! ~ 4^ r}r r~rd Yit `~~ ~ ~ ~ ~ ~ ~ ~ yj. ~ F ` ~ ~ ,~~ t,~. ti <~ ~E y'.. rs ~ , 4 ~s ~ - ,r ~i~~, ~< ' r,; l', 1 4~. 1. i' j + ~ ~. r: ~~ i. ,:.: -- ------ 6 • ay{~~rJ~- "i~ ----- --~ ; ; yVARP~~NTY DEED ~ . Tor Value ?received TRUMAN G.; SCOTT and DORIS >r. SCOTT, husband and wife, the grantors , do hcreb}• gi•rint, bargain, sell .and conve}• unto.,. ~ QUEENLAND.ACRES, INC., an Idaho corporation, of: Route ~3, Meridian; Idaho, the ;;r;tntee ttre fnilo~airg described premises, to-~~it: T;i:e northwest Quart:e.r o~ the Northeast Quarter of Section 24 in Township 3 N•~rth, Range 1 West of the Boise Aeridian, containing 40 acres, mc:.:e or less, together with all water and water rights, I ditch: and-ditch rights appurtenant to said lands. Excepting therefrom t:he West 25 feet of said premises heretofore dedicated to the- I public for its use as a public highway. AND Lot 1, being the Northwest Quarter of the Northwest of Section 19, Township 3 North, Range 1 East of the Boise Meridian, lying on the Westerly side I of the center of that Drain Ditch, runningti-,rough said Lot 1, and further less the foilocring described real property: Lots 1 through and including 12, Queenland Acres Subdivision, according to the plat on file with the Recorder of Ada County, Idaho, in Book 28 of Plats, page 1747, records of said County. SUBJECT TO Taxes and assessments. for the year 1974 and subsequent years, together with any and all existing easements and rights of I way of record. I 1 'fU 1IAV); AND TO IIOhll the said premises, kith their appurtenances unto the said Grantee its heirs and as~igtts forever. And tl:e said Grantot•s do hereby covenant to and Keith the said Grantee that t hey are the owner s in fee simple of said premises; that said premises ctre free from all incumbrances excepting those hereinabove specified, and that t:~e y ~~'ill ~carrant and defend the same hom all la\eful claims «•hatsoever. Dated: Cil: y,/~t_f1.~..,c; 1974. S'1'`.'i'i; Ui' 11):\IICI. CY1L\"I'1 01' C~;1DI:U~~ ~ s~ I ~'' i o„ :hls ;.~ ,, day r,r (,: ,;,= . , I.I , ~, Gn,_ mr., s notary public in and Cor x:,i~l ~t:,t~., p~, rSnn;Jlp 11pp,•:II'~'~I TRUhIAN G. SCO'iT and noRls I.. scow, t,uabclnd and wife, kuw.v ri to me tp,!»t•t'nx~p~rson S echo se nnnl` ~ a1"e sub~uriherl tb~Cte wit;dn iiis:ntment, and ncknuwhrdt;ed to me that t.hef ~ !. c<.ta 1 thr unc. \ / ' ..._-.. ..... ~ ~ u^; 1 rblic - idAC1U Ll Id.aim i;c!id;~:~ at ~ .. - `~ - '~ -_~-=- _~ ' it _~ii;; ~% -~ --~ Y J- ~~-, .,1.\II, OL ID.t.HO, GOli v'I1 0: 1 1~.~~°eby cer:it}' that t'ni~ inytrurr.ent was filed f~ r rca,rd at I th.~' n'quc.vt oC `[.~J"`-r.._a..t~ J~t-~ g-al J- i-tllc..~+- nt ~-~ minutcn p:,bt ~`' o'cluckP m.. 19 ~ ~ , in mp otP.ce, nrd duly recorded in hook. ~ .,f D••eds at pal;c I CLAi~cNC'c A. PLANTING'. =---- I -----"-- - -- '----~--- -~---~-~- 'dc-OIHuo Recorder ~C.~/ ,' Deputy. Ir,„y r v :.~ 7. ~'. C, L a y 0 NWl/4 SE1/4, Sec `ion 24, Township 3 North; Range l West, B.M. ALSO that portion described as follows: Beginning at the NW corner of the NE1/4 SE1/4, Section 24, T. 3 N.,, F.. 1W., B.M.; thence South 28.3 feet; thence in a Northeasterly direction to a point on the North boundary line of said NEl/4 SE1/4 a, disrance of 2^0.3 feet from the Nw corner of said NElj4 SEl/4; thence T9est along the norta boundary line of said NE1/4 SE1/4 to the point of beginning. SUBJECT TO Taxes and assessments for the year 1974 and subsequent years, together with any and all ,existing easements and rights of way of record. TO I{AVE AND TO HOT,D the said premises, with their appurtenances unto the said Grantee its heirs and assi~ms forever. And the said Grantor s do hereby covenant to and ieith the said Crantce ,that they are the o~~neL•s in fee simple of stud premises; -that said premises are free from all incumnrances ..r•d that they kill ~tarrant :uul defend the same from all lawl'u] claims u•itatsuecer. llatetl: /L/rCi'(tL' 1974. i - %~ . - - i T..umar G. Scott - - _:..--- 't~DOrt.s L. Scott -~---------- -- ---- __ _ _ _ - -- - F __ . _ _ -r 5'1.1"i'i: r)1' IU,VU~, COCA'I"i r)I~ r~tvYO~+ SS I --- S'l'\Tt Oi' II~.4{f~, Cni.f~;'rl' OPT -~1~~`-- ~ On thi.~ ~..: •/ J da} of L•,/~-;,'Itr ~', trt y• ~ ll • I I..~•Ly c[rlif llt.et Lhi~ in;ri r~uernt oas/fil••d [ur record at n-+_{, > uc~L of ~-CJ-~-~-~--- ~? I C<) t't-. ~~~ lhr ri } 6.~f~~i ~. ini•, a nrtt.:uy public in :rod far vaid Sluts, Peranns SCOTT and Ui+IAN G ~•~I 'i '1? ~~ < ~ ~ . q (\ . .r, . . n;~p DORIS l'. SCO'PT, at ~ ~~- minutes past .~•~. dclnckf~m., , jr, d `' '~ • ' husband and wife, r • ;t u,iy ,,•~~ ) " ' L`I'J`/ , in my oflicr•, and duly rYCOn{ed,in ISaok o[ Deeds ut page known t~~ me to br fha parson S µ'hn Se numts are ;•ubwrrihed to Lhe t~•Ithin instrument, and aekno~~•IcJ;;ed la ... ~ executed thasantr. , • .... ~.Ja-.J. _ - . ~... ...._._ "-- ~ ~ - ~ Nn;:nry Public 1!c:~itln•.~[ nt Nampa , Tdnha ~'.nnim. ''.ivlt'••+ 1•:x•0111cio Recordrr Ll)•---------- ~ ~.rr~•• ~~ ,C C_l ---_ ------. P'r.cs ~~> Moll tat 't / ` i 0 -=---- - --~~~s~~ __/--------._ _~ .~ 'r.. ------- ~'VARRA~TTY DEED • 1` I r Value Received TkGi/,AN G: SCOTT, and DORIS E. SCOTT, io ,I I husband and wife,.. the grantor s, do hereby grant; bargain, sell and convey unto QUEENLAND ACRES, INC., ;an Idaho corporation, of Route ;3, :Meridian; , Ida'rlo the grantee ,the follo~~•ing described premises, to-gait: SITUATED IN ADA COUNTY, From the section corner common to Sections 13 and 24, T. 3 N., I P.. 1 E. , 13. b1. , R. 1 W-, B•M•, and Section 18 and 19, T. 3 ~., thence South along the Ieridian line 753.50 fee-t, thence South 89°12' West 918:80 feet to the center of a canal, which is the point of beginning, thence South. 89°_l2' West 393.40 feet to a point on the West line of the E1/2, NEl/4, Section 24, T. 3 N., R. 1 W. , ~S.M. , thence South 0°07' East 1885.90 feet along the LJest line of the E1/2, NE1/4, said Section 24 to a point on the East-West I•'lid Section line of said. Section 24, thence North 89°41' East 1171.70 feet along the said mid sec- tion line to a point which bears South 89°41' Z•lest 137.10 feet i l from the 1/4 corner. common to Suction 24, T. 3 N., R. 1 W. B.:d., l and Section 19 , T. 3 PI. , P.. 1 E. , B.I. , thence North 33°02' West 117.99 feat to the center of a canal thence North 31°22' West 139.10 feet along center of canal I thence North 41°37' west 1019.00 fel=_t along center of canal thence North 25°06' P+'est 82.05 feet along center of canal thence North 4°28' East 833.04 feet along center of canal to the point of beginning and containing 25.345 acres more ~r less all in-the, E1/2, NE1/4, Section 24, T. 3 N., R. 1 F1., B.M., Ada County, Idaho. SUBJECT TO Tares and assessments for the year 1974 and , subsequent years, together with any and all existing easements I and rights of o:ay of record. 'CU IIAVE AND TO HOLD the said premises, ~~'ith heir ::PPttl'tenances unto the said Grantee its heirs and assi%,ms forever. And the said Grantors do herrby covenant to and with the said Grange ,that they are the o~~'ncr s in fee simple of said premises; that said premises are free from :111 incwnbrac?ces e;cceptir,g those hereiaabove specified , eill :':arrant :md def~~r.d the same from ^Il la~~'ful claims ~rhatsoever. t 'the y ` d th , a an Dated: _~~~~,=.'•~;,,1 1974 .~ ,. _ - -- _.._-..-- --.------ -- ^rsman C. Scott _ ' ___.__--------..-..------------------------- r .% pores E. Scott _ __- _. C1NY0~ ' i ,t >,1:' or ln.txo, r.,ou~•rv o?•• c~-~`-{~ Y nh ti~ ~ t OI (UA}r0, GCIliX1 ( . L J ~~ ~ I .. ~ In ~ i h(e the t ti„~ instr•.n^,~nt~ ~'ns filed for record at 7 ~ 1 ~I ?: , r : . .. _, . U, .,!; -v I , ~ nnllq ~~ h,;r.~r,~ im:, n notaiti~ public in :nnl [or a:ud :itato, P+r -r.n -. , cl„~ rcrp.urs.t ~;, : G ~i_,_r _n n v!:/_,~+- `~ . / '~ .~ ~ opp~:,r~d TRU~]AN G. SCOTT and (J S rninu h•e poet ,: o'clock /'gym. :,t w DO RIS F... SCOTT, ' _ this: ~/ dap of ~`'~-~~/0. husband and •.~ife, 17 ~`/, in niy ul?lcc, :uul duly rec~rdNd in (look ~7 of Dreds at page ~ 7 o •.viuse ~~:,~„es argil kn,,,Vfl to InC ter tiY t ~^ pE*SOrS (:~.'.,~.::•~~- IL~.G h. IJ ~; i,. Fu•' J 't, ar:d acknuaL•d•~•ed to l cnbed to thc~'Fithin inatrumon h ---.------'------'-- ...-------...------'---------- ; su ~ secuted um sane, JJs-0tRcio RECOrder I ..„, a,a. they . ' __. ,, ~, ,~ , -._ .. - - 1..; -~.- ~~ ut.. ~ itcni•iinR at dampa ~I:,il tn; c;r inn,. 1::Iplr^v l '" CORRECTION WARRANTY DEED For Value Received. TRUMAN G. SCOTT and DORIS E. SCOTT, husband and wife, I the ,grantor s; do hereby grant, bargain, sell and convey unto i QUEENLAND ACRES, INC., an Idaho corporation of Route °3, Meridian, Idaho, the grantee ,the follorr'ing described premises, to-wit' The Southwest Quarter (S~•11/4) of the Southeast Quarter (SE1/4) of Section 24, Township 3 Nortt,, Range 1 West of the Boise Meridian, Ada County, Idaho. Together with all water rights, ditches and rights of way for ditches, thereto belonging or used in connection therewith. EhCLUDING THEP.EP'ROM the follocving described real pxopertyo • A one acre tract of land in the S1.11/4SE1/4, Section 24, Township 3 North, Range 1 West - more particularly described zs folloras: Beginning at the South Quarr.er Corner of Section 24, Township 3 North, Range 1 West; thence North 29°57' East along the South Section line of Section 24, the centerline of Victory Road a distance of 300.40 ft. to the true point of beginning; thence North 0°03' West a distance of 208.7 ft. to an iron pin; thence North 89°57' East a distance of 208.7 ft. to an iron pin; thence South 0°03' East a distance of 208.7 ft. to the centerline of Victory Road also the South Section Line of Section 24; thence South 89°57' West along centerline of Victory Road a distance of 208.7 ft. to the point of bea~.nning, subject to a 25 ft. road easement for Victory Road. Said tract containing 1.00 acres. SUBJECT TO Taxes and assessments for the year 1974 and subsequent years, together with any and all existing easements and rights of way of record. TO IlAVI; AND TO HOLD the said premises, with their appurtenances unto the said Gruttee its heirs and assigns fore: er. And the said Gr:.ntor s do hereby covenant to and kith the said Grantee ,that they are the owners in fee simple of said premises; that said- p!•e+uises are free from all incumbntnces excepting those hereinabove specified, i i and that they will reactant and dotend t1974 -- - I I I ti'1'.'.' 1 l~1 tI1 Viri Cpl\'f Y' (1 F' C~ ~'`-0 1 S ~-- !Jn th /i day of ~. ., l r t'~, b,.f•,.r ~,,,. ,,,,~ ;,',,,,~y lni Ulic in and for s.nd Uat , p. i., molly ;,p, ,•;rmd •. ' ,T RU NIl'~IT .C3 ~. SCOTT anal ~' DOP,IS'~.'~SCOTT, husband I p• knn•,vn to mr; tnF~ tAn,•ptvson S who Se name S ~dr I ,,r .. subscribed,tn.'the within inetnrment, and ackrowledged to me thnC t17C~ f+ ~ , ~• executed the some, Notnr/ Public hcnl~tng nt Nampa , Jdeho me from all lawful claims whatsoever. I I _ _ ~--~~-7 ~--. Truman G. Scott ., r "I':\T6 (li' ID\7l COl\ 1 it ~^'C~ S hrrcS~ crrUf; .+at~th//{{. in:+tiument oas filed fnr~ urd at i ~/^ ~~ ut "- /C min6trR pa.+~ / a'aluck/}'m.. this ~ / duy of ~ "Q`"6J , I9 ~l U , in me office, and duly recorded in Book of Deeds at page - CrrP,r~ENC£ A. pLANT1NG Fs-0m,ci° Recorder / 7 •`!` / ~ Weep ;~/C~ I // (~~._./ 95~ i >fnil tn: / / i a z 0 ~, ZONE (lYP) MERIDIAN C~TY LIMITS ~ ~ ~ C-2 I III 1 V Q O O O O O f- 'I H~F ~ n C-G RT R-4 0 a 0 0 rc W RT , RT i i i i ~ ~ ~~~ 4~g8~ P~ ~ B - ~~ i C-3 i i ~ ~., _ _ ~ _ VICTORY ROAD - - ~ ~ - _. -- - -1--- - _ ------ - --_--_ ~ _ _ 600 0 g00 .~ ~~- -- 1800 Feet R1 BRIGGS ENGINEERING, INC. BEAR CREEK ESTATES SUBDIVISION REVISION BRIGGS PORT. E 1/2 SECTION 24, T.3N., R.lw., B.M. ADA COUNTY, IDAHO SHEET 1 OF 1 (208) 344-9700 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. X980211 APR BOISE, IDAHO 83705 gKB 1" =800' OSf28/89 890211 - ~~ ~ ~ ~~a~gZs3 - ~ ~ AFFIDAVIT TO CORRECT LEGAL DESCRIPTION JOAN M. HART certifies that he/she is the Assistant Secretar of ALLIANCE TITLE & ESCROW CORP. under whose superv Sion a Warranty Deed & Mortaaue iFl~ were prepared, and rec ded on May 17, 1999 as Instrument Noa. 99049661 & 99049662 records of Ada County, Idaho; WHEREAS, the legal description contained in said documents contained a typographical error, which is the purpose of this Affidavit to reform and correct; and WHEREAS, the Idaho Code Section 55-816 permits the recording of Affidavits affecting the description of real property as part of the record title of said real property; NOW THEREFORE, on the aforementioned instrument, the legal description is corrected to read as follows: See EXHIBIT "A" attached and made a part hereof Dated this 10th day of June , 1999 REC©RDED-REDUEST OF a~ ~ • ~~~ ADA COUNTY R~COROER ~. DAV10 NAVARRO o~ c'~~S~'. IDA4D FEE ~' ~OERUTY • 1999JN i I PM 105 99058?5 State of IDAHO ) sa. County of Ada ) ALL4AP#CE T1TLE On this 10th day of June 1999 , before me, the undersigned, a Notary Public in and for said State, personally appeared JOAN M. HART known or identified to me to be the person who executed the within instrument ae Assistant Secretary of the Corporation on behalf of said Corporation, .and acknowledged to me that such Corporation executed the same. _~ :_V: rY .. }•,. ~,~w ~•,; ~ O ; ~I, . Kti. Sig~t7u~}• - ~t~me - '. - ' * K~e « ~~ SOU ~' _ Res~c~j~~timtr Boise, daho C~t~issio~•~,,~xpirea . ~ ~I I _~~~ Tfi nr ^~~ . f ..,,. •J ~ ~h! - r ORDER N0. 9807925 EXHIBIT "A" The Southwest Quarter of the Northeast Quarter of Section 24 in Township 3 North of Range 1 West of the Boise Meridian in Ada County, State of Idaho. EXCEPT any portion thereof located within the right-of-way for Stoddard Road. Y~. .~i- ~807'9?~53- .~'N ~1QA COUNTY RECORQER J. DAVIQ ~tAyARRO n~~tr„ I'~;1ur1 1999 MY 17 F;~ 4: I ~ REGflF~ • FtEQi1ES~ OF FEE pE ~390~9661 ALLIANCE TITLE WARRANTY DEED FOR VALUE RECEIVED, BOYACK, LTD. CO., an Idaho limited liability company, hereinafter referred to as the Grantor, hereby grants, bargains, sells and conveys unto BEAK CREEK, LLC, an Idaho limited liability company , whose address is b223 R. Discovery Wa Boise ID 83713 hereinafter referred to as the Grantee, the follow ng described premises situated in Ada County, State of Idaho, to-wit: SE~NE~, Section 24, T. 3N., R. iW., B.M., Ada County, Idaho EXCEPT any portion thereof located within the Right-of-Way for Stoddard Road. SUBJECT TO easements, reservations and restrictions of record or apparent and real property taxes and assessments for the year 1999 and thereafter. TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anyway appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all estate, right, title and interest in and to the property, as well in law as in equity. TO HAVE AND TO HOLD all and singular the property, together with the appurtenances, unto the Grantee, Grantee's successors, heirs and assigns forever. AND Grantor shall and will warrant and by these presents forever defend the premises in the quiet and peaceable possession of Grantee, Grantee's successors, heirs and assigns against Grantor and Grantor's successors, heirs and assigns and against all and every person and persons whomsoever lawfully claiming the same. IN WI~'NESS WHEREOF, G ntor has hereunto executed this Deed the '*~ day of ,~~ y 1999. BOYACK LTD., CO., an Idaho Limited Liability Company By ~ ~ ~ Georg D. Boya , Member By Carol E. Mi the , Member ~J WARRANTY DEED - 1 wao~aoy,~c.~csi~wn.osio~ =~~,- 1 , ~I STATN OF IDAHO ) ss. County of Ada ) By Maxgare Tolley, Member By Richard E. 8oyack, Member On this ~- day of 1999, before me, the undersigned Notary Public in and for said State, personally appeared 6MOAG8 D. 80YACx, known or identified to me to be the member of the limited liability company that executed this instrument on behalf of the limited liability company aY1d acknowledged to me that he executed the game. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, t ~°~ ~~~and year in thin certificate first above written. o^°~~ ~~Ktl~ ~ •~ ~"~a ~oTAR1-~,*~ ~ i puBLt_G ~~ ota Public X State of Idaho Resi inq at 'nA R'~O My Commission Expires: 9rFOp~. .,~ STATE OF IDAHO ss. County of Ada ) On this ~jrµ day of A 1999, before ~-e, the undersigned Notary Public in and for said State, personally appeared C7uWL 19. MITCSELL, known or identified to me to be the member of the limited liability company that executed this instrument on behalf of the limited liability company and acknowledged to me that aria executed the same. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal, the~~~ and year in this certificate first above written . ~gN leg ~+ ~ TZ OT ~* ,. A ~. ~~ ''~} GBLIC ~~~~__ a ~''~~~ JD Ad1~6~° ota Public f r State of Idaho Resid nq at ~ e My Commission Expires: WARRANTY DEED - 2 .,~ey~,~ti~woos i an C: • By Margaret A. Tolley, Member By ichar Boyac Member STATE OF IDAHO ) ss. County of Ada ) On this ~ day of /l/Irf Y 1999 , before me, the undersigned Notary Public in and for said State, personally appeared GEORGE D. HOY71C1C, known or identified to me to be the member of the limited liability company that executed this instrument on behalf of the limited liability company and acknowledged to me that he executed the same. IN officia written. dr •• ,~r~~ AR Y * ° ~~~ ~ /'UBL~G a ~T ~~ `~`~~ T,~ OF 19~ STATE OF IDAHO . ss. County of Ada ) ota Public Apr State of Idaho Resi ing at /~/ t My Commission Expires• On this ~ day of ~~ Y , 1999, before me, the undersigned Notary Public in and for said State, personally appeared Cl1ROL 8. l[ITCB$LL, known or identified to me to be the member of the limited liability company that executed this instrument on behalf of the limited liability company and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the°~d~~~ and year in this certificate first above written. o°~~~~N FRq~~ &C ~ O o y ~ .s ~'~ ~ ~ Nota Public f r State of Idaho ~~y GBLic '~~~ Residing at ~ t °°,°u~~o•.~~~N~~ o Leo' My Commission Expires: ~ WITNESS WHEREOF, I have hereunto set my hand and affixed my 1 seal, t~,e~"!iS .,,,,and year in this certificate first above WARRANTY DEED - 2 wa~~eoy.~x.~s i~wn.os~o~ ;. .' ~' ; ~ STATE OP~~O ~c~'~ ss. County of ~~ 1 before me On this ~~ day of , 1999, , the undersigned Notary Public n and for said Stets, personally appeared ~IR871~T s. TOLI,nY, own or identified to me to be the membor of the limited liab lity company that executed this instrument on behalf of the limited liability company and acknowledged to me that she executed the game. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~~~ wsoN Cortxni~on i 1186715 ~ C c~.aWama ldtycarrvn.8q~+esJun29,20~ STATE OF ~~~4 ~ ) ss. Caunty of ,~a'¢' ) On this ~~day of ~ ~ 1999, before me, the undersigned Notary Public in and for said ,State, personally appeared RICHARD B. HOY7ICR, known or fdentiPied to me to be the member of the limited liability cvmpany that executed thi: instrument on behalf of the limited liability company and acknowledged to me that he executed the same. IN officia yvz'itten. WITNESS WHEREOF, I have hereunto set my hand and affixed my 1 seal, the day and year in this certificates first above ~~4~tANK ~ 4 ~pT p`!t y ~'r; ~c ~ ~~IG' P U 8ti'~ : O ig •' ~ , ~dOn~7 TE OP 1.®~ Notary Public for: ~hr~~ Resid~.ng at My Cvm:aissiva Expires: o S v WARRANTY DEED.- 3 „ ,e~moy,,rrss~nan_os ion - -' ~ ~~ ~A'r- gac79~3 ~~ ~ ~ ~~co~ao~~-REau~ss aF ALLIANCE TITLE ^,~~ C~;~N7Y RECORAER ' PURCHASE MOB"lVIORTGAG~~ of 1999t1~~ i7 PM~i~ ~~ 98049662 THIS PURCHASE MONEY MORTGAGE is made and entered into effective the 1st day of May, 1999, between, BEAR CREEK, LLC, an Idaho limited liability company, (Mortgagor), and BOYACK, LTD. CO., an Idaho limited liability company, (Mortgagee) whose address is 6210 N. Meridian Road, Meridian, ID 83642. W I T N E S S E T H Mortgagor, for and in consideration of the sum of FIVE HUNDRED THOUSAND AND NO/100 Dollars ($500,000.00) in lawful money of the United States of America to Mortgagor in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold, conveyed, assigned, transferred and set over and by these presents does grant, bargain, sell, convey, assign, transfer and set over unto Mortgagee, Mortgagee's successors, heirs and assigns, forever, the following-described property: SE~NE~, Section 24, T. 3N., R. 1W., B.M., Ada County, Idaho EXCEPT any portion thereof located within the Right-of~+lay for Stoddard Road. AND ALSO TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining and the rents, issues and proceeds thereof. The above-described land and the improvements thereon are hereinafter collectively called the "Property." TO HAVE AND TO HOLD the Property and all of the same, unto Mortgagee, its successors, heirs and assigns forever. This Mortgage is given to secure the payment of that certain Promissory Note of even date in the principal amount of FIVE HUNDRED THOUSAND AND NO/100 Dollars ($500,000.00) made, executed and delivered by Mortgagor as maker to Mortgagee or Mortgagee's order. The principal of the Note is payable in lawful money of the MORTGAGE - 1 wdc\Boyack.6681\Mortgage.051099 • • United States with interest on the unpaid balance from its date at the rate of seven percent (7~) per annum. The Note requires that $4,500.00 is to be paid on or before June 1, 1999, and a like amount shall be paid on the 1st day of each succeeding month thereafter until May 1, 2006, at which time the entire unpaid principal balance plus accrued interest shall be paid in full. Accrued interest shall be first deducted from each installment and. the balance applied to principal. In the event the Mortgagor prepays any part of the principal balance, the prepayment shall not relieve the Mortgagee from paying each monthly installment. The Promissory Note also covers any costs and disbursements and attorneys' fees as may become due and payable thereunder. 'NOW, THEREFORE, if Mortgagor shall pay all and every sum of money specified in the Note and shall in all other respects fully carry out and comply with the covenants, agreements, terms and provisions set forth and enumerated herein and in the Note and any security agreement given by Mortgagor in connection therewith, this conveyance shall be void. However, if Mortgagor shall fail to pay any of the sums of the money as specified in the Note or this Mortgage, or any insurance premiums as hereinafter set forth, or any taxes, assessments or other charges of any nature whatsoever, 'due or to become due upon the Property, or if Mortgagor should in any other respect fail to comply with any of the covenants, agreements, terms and provisions herein or in the Note or any security agreement, then, as often as such failure of payment or breach of covenant shall occur or in the event of the actual or impending bankruptcy or insolvency of Mortgagor, Mortgagee may at any time thereafter declare the whole of the principal sum or so MORTGAGE - 2 wdc\Boyack.66B1\Mottgage.051099 • much thereof as at the time of such declaration remains unpaid with all unpaid interest accrued thereon, together with all sums plus interest accrued thereon which have been paid by Mortgagee under any agreement contained in this Mortgage or in any security agreement, to be at once due and payable. Mortgagee may at any time after such failure of payment or breach of the terms, provisions, agreements or covenants as stated above, proceed to foreclose this Mortgage and to compel payment of the full amount due and payable. Mortgagor has covenanted, agreed and represented and does hereby covenant, agree and represent to and with Mortgagee as follows: 1. This is a purchase money mortgage made, executed and delivered for the purpose of securing the balance of the sum due for the purchase of the Property subject to this Mortgage. 2. The sale of the Property described in this Mortgage by Mortgagee to Mortgagor and the granting of credit by Mortgagee to Mortgagor is personal to Mortgagor. In making the sale, Mortgagee has relied upon Mortgagor's interest in the property and intended use thereof and the financial and market conditions at the time of execution of the Promissory Note and this Mortgage. Based upon these considerations and others, the parties agree that until the Promissory Note is paid in full, Mortgagor shall not be entitled to sell, transfer or convey the Property or any part thereof or any equitable interest therein including,. without limitation, any transfer using a wrap-around note, mortgage, deed of trust or contract. Nor shall Mortgagor be entitled to assign Mortgagor's interest in the Promissory Note or Mortgage or any MORTGAGE - 3 wdc\Boyack.6681\Mortgage.051099 • • will not suffer or permit the Property to become subject to any lien or encumbrance that shall have precedence over this Mortgage; that Mortgagor will render such further assurances of the title as may be requested by the Mortgagee; that Mortgagor does warrant and will defend the title unto Mortgagee against claims and demands of all persons whomsoever; and Mortgagor will pay all of the sums of money specified in the Note, promptly as they become due, and all taxes, assessments and other charges that may be levied or assessed on the Property, when and as the same shall become due and payable. 4. To keep that portion of the Property which is insurable continuously insured against loss or damage by fire, lightning and the standard extended coverage perils in the full amount of the replacement value thereof. All such insurance shall be by an insurance company or companies and in terms and forms acceptable to Mortgagee with loss, if any, payable to Mortgagee. Upon the issuance of such policies, Mortgagor shall deliver copies thereof to Mortgagee including all renewals and amendments thereof. In the event of foreclosure of this Mortgage or other transfer of title to the Property covered hereby and extinguishment of the indebtedness secured hereby, all right, title and interest of Mortgagor in and to any insurance policies then in force concerning the Property shall pass to the purchaser or Mortgagee. 5. In case any portion of the Property is destroyed or damaged by fire, explosion, wind storm, hail or any other casualty against which insurance shall have been obtained, Mortgagee shall have the right to apply the insurance proceeds in payment of the debt secured hereby, either in whole or in part, and whether then due or not, or to require the Property to be repaired or replaced MORTGAGE - 6 wdc\Boyaek.6681\Mortgage.051099 • • either partly or entirely by the use of the proceeds, with the unpaid portion of the Note to remain in force. Any such proceeds held by Mortgagee for repairs or replacement shall be so held without payment or allowance of interest. 6. To keep the Property thereon in good condition and repair and not to commit or suffer any waste thereof and to not remove any fixture or improvement without the consent of Mortgagee. Mortgagee shall have the right to inspect the Property at such reasonable times and intervals as Mortgagee may desire. 7. In the event suit is instituted to foreclose this Mortgage, the prevailing party may recover therein as attorneys' fees such sum as the Court may adjudge reasonable in addition to the costs and disbursements allowed by law or Court rule, together with the cost of any foreclosure title report procured and used in such proceeding and covering the Property. 8. In the event Mortgagee becomes a party plaintiff or defendant in any suit or legal proceeding in relation to the Property or the lien or security interest created by this Mortgage or any security agreement given by Mortgagor in connection herewith, the prevailing party shall recover all attorneys' fees paid or incurred by Mortgagee in connection with such suit or proceeding, including any expenses paid or incurred in procuring or continuing abstracts of title, title reports or title policies and searching the records for the purposes of such litigation. All such sums paid shall bear interest at the rate of ten percent (10$) per annum and shall constitute a lien upon the Property and be secured hereby. In default of immediate repayment thereof by Mortgagor after demand, the whole indebtedness secured hereby MORTGAGE - 7 wdc\Boyack.6681\Mortgage.051099 • • shall, at the option of Mortgagee, become due and payable forthwith without notice. 9. Mortgagee, at Mortgagee's sole option and discretion, may release for such consideration, or none, as it may require, any portion of the Property without in any way impairing or affecting the lien and priority of this Mortgage as compared to any subordinate lienholder on the remainder of the security. 10. As additional collateral security for the payment of the Note and all sums to become due under this Mortgage, Mortgagor does hereby assign to Mortgagee all rents, revenues, royalties, right and benefits accruing to Mortgagor under all present and future oil, gas and mining leases and under all present and future grazing, agricultural and other leases of the Property, or any part thereof, with the right to receive the same and apply them to the Note or other indebtedness secured hereby, after default in the conditions hereof. Mortgagee is further authorized, at its option, to execute and deliver to the holders of any such oil, gas and mining leases and any such grazing, agricultural and other leases upon the Property, any receipt for any payments made under the terms of such leases and to demand, sue for and recover any such payments when due. Mortgagor shall perform every obligation of the lessor and shall enforce every obligation of the lessee in every lease that is assigned, to Mortgagee and shall not modify, alter, waive or cancel any such lease or any part thereof, nor anticipate for more than one month any rents that may be collectible under such lease or that may have been assigned to Mortgagee and shall not assign any such lease or any such rents. This assignment shall terminate and become null and void upon release of this Mortgage. MORTGAGE - 8 wdc\Boyack.6681\Mortgage.051099 • • Mortgagee shall not be bound to demand, receive or collect any of such rents, royalties, bonuses or benefits and shall not be responsible for failure to exercise the rights hereby granted. Failure of Mortgagee to exercise such rights after the happening of a default shall not be construed as a waiver of such rights in the event of a subsequent default. 11. Mortgagor hereby further agrees, upon request of Mortgagee, to assign to Mortgagee, as additional collateral security for the payment of the indebtedness hereby secured, any and all leases of the Property or any part thereof, hereafter made,' and no such lease shall be assigned to any other party other than Mortgagee without first obtaining the written consent of Mortgagee to such assignment. 12. If Mortgagor shall fail to keep the portion of the Property which is insurable insured and to deliver the policies to Mortgagee, or if insurance premiums, taxes, or assessments on the Property, or if rentals or other charges on leases or permits are not paid by Mortgagor, Mortgagee may at its option and without waiver of any rights arising out of any breach of any of the covenants, procure such insurance and pay such insurance premiums, taxes, assessments and other charges and also may redeem the Property from tax sale without obligation to inquire into the validity of such taxes, assessments, charges and tax ,sales. The receipt of the proper officers shall be conclusive evidence of the validity and amount thereof . In such an event, all amounts so paid by Mortgagee and all costs, expenses and attorneys' fees mentioned in the Note shall forthwith be due Mortgagee with interest thereon from the date of such payment at the rate of ten percent (10$) per MORTGAGE - 9 wdc\Boyack.6681\Mortgage.051099 • r annum and such amounts shall be added to and be deemed part of the debt secured by this instrument. 13. If Mortgagor shall be in default, Mortgagor on written demand will assign and transfer to Mortgagee any and all monies, payments, proceeds and benefits due or to become due Mortgagor from or in connection with any governmental, agricultural or conservation program to support crop prices or to increase or reduce acreage planted or to be planted to any crop or to improve or conserve the land in reference to any of the Property covered by this Mortgage. Mortgagee is hereby authorized and empowered, at Mortgagee's option and discretion to apply for, receive, collect and sue for the same or any part thereof and to execute and deliver such proofs, receipts, acquittances and other instruments and to do and perform all acts and things which may be necessary or proper for such purposes or in connection therewith, either in Mortgagor's name or in Mortgagee's name with the same force and effect as if performed by Mortgagor. In the event Mortgagor fails or refuses to make such assignment or transfer to Mortgagee promptly upon such demand, is beyond the State of Idaho, avoids, service of such demand, or if for any other reason service of such demand cannot be made upon Mortgagor, then Mortgagee may serve such demands together with a copy of this Mortgage on the person, form, corporation or governmental agency from whom such monies, payments, proceeds or benefits are due or to become due. The provisions of-this Mortgage together with such demand, shall be considered and constitute an assignment and transfer thereof to Mortgagee as of the date so served. MORTGAGE - 10 wdc\Boyack.6681\Mortgage.051099 • ~ 14. Mortgagor hereby further mortgages, assigns and transfers to Mortgagee all of its right, title and interest in and under all leases and permits now or hereafter acquired or used in connection with the Property together with all renewals thereof together with all buildings, structures, fences, pumps, pumping equipment, pipes, pipelines, wells, tanks, dams, reservoirs and other improvements of every nature and description now or hereafter located on the lands covered by the lease, permits or allotments or any part thereof and all water and water rights located thereon or appurtenant thereto. 15. In the event any of the Property is condemned or taken by any governmental entity, any award made therein to any person or persons shall be paid to Mortgagee and Mortgagee shall have the option of applying such award or any part of it to any obligation secured hereby and releasing the balance not so applied to the person or persons to whom such award was made. 16. In the event of any default on the part of Mortgagor to perfect or adjudicate an existing or future water right or permit appurtenant to or to become appurtenant to the Property, or any part thereof, into a complete appropriation ar adjudicated right, or, if in the opinion of Mortgagee, Mortgagor is not proceeding with due diligence in perfecting or adjudicating those water rights, then and in that event, the entire debt secured hereby shall, at the election of Mortgagee and without notice, become immediately due and payable and this Mortgage may be foreclosed, or Mortgagee shall have the right, at its option, to proceed to perfect any such water right into a complete appropriation or decreed right or both. MORTGAGE - 11 wdc\Boyack.6681\Mortgage.051099 • • 17. Mortgagor further covenants and agrees to pay Mortgagee, immediately and without demand, all sums which Mortgagee shall pay or expend pursuant to the provisions of the preceding paragraph, including costs of any title report or policy and reasonable attorneys' fees, together with interest thereon from date of expenditure until paid at the rate of ten percent (10$) per annum, all such sums shall be added to the debt secured hereby. 18. Mortgagor covenants and agrees to use the Property in compliance with all applicable state, federal and local statutes, ordinances, rules and regulations. 19. Except for the purposes of making replacements in any irrigation equipment or fixtures on the Property, Mortgagor will not sell or dispose of such equipment or fixtures, attempt to do so, part with possession of any of them, remove them from the Property, or permit them to be removed while this Mortgage shall remain in force and effect, without the written consent of the Mortgagee. Except insofar as prevented therefrom by fire, strikes, riots, acts of God, or other unavoidable casualties, all of the mortgaged irrigation equipment and fixtures shall, at all times while this Mortgage remains in effect, be kept and maintained by Mortgagor, at Mortgagor's own cost and expense, in first-class order, condition and repair. Mortgagor will, from time to time, make all replacements of such equipment and fixtures which may be reasonably necessary for the irrigation and cultivation of the Property and will neither commit nor suffer any damages or waste on or to the Property nor do or permit to be done anything that may lessen or impair the value of the Property or the lien or security thereof. MORTGAGE - 12 Ndc\Boyack.6681\Mortgage.051099 • • 20. Mortgagor covenants and agrees fully and timely to perform each and every term, provision and condition of any and all instruments evidencing Mortgagor's easements, rights of way, licenses or other rights, privileges or interests appurtenant to or used or enjoyed in connection with the installation, utilization or maintenance of the irrigation facilities or for access thereto which is required to be performed by Mortgagor, and hereby assigns those instruments and all of its rights and interest therein to Mortgagee as further security hereunder. Any such assignments shall not affect any of the terms and conditions hereof and shall terminate or be subject to reassignment by Mortgagee to Mortgagor upon payment of the entire indebtedness secured or to be secured hereby. Mortgagee shall have and is hereby granted the right, at Mortgagee's option, at any time to perform on behalf of Mortgagor any and all of the terms, provisions and conditions of those instruments, or any of them required to be performed by Mortgagor and to pay or expend any and all sums as Mortgagee, in its sole and exclusive judgment and discretion, shall deem necessary to prevent the tenaination of those instruments or any of them, or the abandonment or loss of any of Mortgagor's rights or privileges therein or thereby provided. Mortgagor hereby agrees immediately to repay to Mortgagee, without notice or demand, any sums so paid or expended with interest thereon at the rate of ten percent (10$) per annum and all such sums paid or expended by Mortgagee with interest shall become part of the indebtedness secured hereby and in default of immediate repayment thereof by Mortgagor, the whole indebtedness secured hereby shall at the option of Mortgagee become due and payable without notice. MORTGAGE - 13 wdc\6oyack.66B1\Mortgage.051099 • • 21. This Mortgage shall be governed by and construed according to the laws of the State of Idaho. IN WITNESS WHEREOF, Mortgagor has executed this-agreement the day and year first above written. MORTGAGOR: STATE OF IDAHO ) ss.. County of Ada ) BEAR CREEK, LLC, an Idaho Limited Liability Company On this ~ ~/~ day of May, 1999, before me, the undersigned Notary Public in and for said State, personally appeared R. CRAIG GROVES, known or identified to me to be the member of the limited liability company that executed this instrument on behalf of the limited liability company, and acknowledged to me that he executed the same. IN WITNESS WI~~tEq~~};~,~~~ave hereunto set my hand and affixed my official seal, $',..day~• ftpi°~°a„~ear in this certificate first above written. '' °'~.~ "• °°~ ~~ , ' U ~ R . w ~ * » M1 y o • ~ o s / " u~, cD',, . s+' ~, e ~`• o ^° Not Public for State of Idaho `V ••...••• ~. O• '~~~'~T~Op19,oo° Res ding at: ~~SQ s`~`~~mmamaoo~a0~o~ My Commission Expires : _~.-A~ 0'fG STATE OF IDAflO ss. County of Ada ~ On this _1_.! day of May, 1999, before me, the undersigned Notary Public in and for said State, personally appeared Gregory B. Johnson, lmown or identified to me to be xhemember of the limited liability company that ezecuted this instrument on behalf of the limited liability company, and aclmovledged to me that he executed the same. IN WITNESS WBF~EOF,,:<I~•hav~,hereunto set hand anal affixed ay official seal, the day and year;:>Yn thin°'ie~ificat~+e f st ove written. MORTGAGE - 14 ''mss 9 '•••.•••" ~~ , wde\Boyaek.6691\Mortgage.051099~°•oe ~ ®~ l~~~yea~o ~~ ', . M ,~ . .... " f s : • ~', w . . "p r • r ~~y! •'• ~ +~~ O of Idaho iding at: Commission Expires: / (~