Loading...
HomeMy WebLinkAboutSundial Sub FP Applicationct!v cr- M it Et�r'.,3v L1.:%rrra ,JH'T101 Jo C1 FY COUNCH, MI'MIII-RA 'ose 1!'rc t>+'aon C'A� n.,Al R0u III:"" ita: c r !csx>a i_i i?' F)m,A:v C hi F,1"f5 t`i1v rt >, trtIIR viam Amyg ., 'tsar( E Ze;CatY4'1 1 1. ',v. E;ov: er S±reef Phlmm,g X60 F, 4i i>tde 202 Ai• e Pubic 'rS'ttrk. a6Q L T ne b9A r," : tax `.; S , 55 u Id ini1 6c; F, Llatert owt'! I,iM,, .� cait<, iii lax ,t%a,,I Ilei 378:'! anR 11 12aad 8"8 y i t�!x'-R7 0 —1 14 t'au,! 2.>., N V,.Ikth!-.Eeet 8f37 f2%tail 11 TRANSMITTALS TO AGENCIES FOR COMMENTS ON MENT 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: August 7, 2007 Transmittal Date: July 9, 2007 File No.: FP 07-022 Hearing Date: August 14, 2007 Request: Final Plat approval for 28 single-family building lots and 4 common lots on 10.57 acres in an R-4 zone for Sundial Subdivision By: Gemstar Properties Location of Property or Project: west of N. Linder Road and south of W. Ustick Road Steve Siddoway (no FP) _ David Moe (no FP) —Wendy Newton-Huckabay (No FP) _Michael Rohm (No FP) _Tom O'Brien (No FP) Tammy de Weerd, Mayor _Charlie Rountree, C/C _Joe Borton, C/C —Keith Bird, C/C David Zaremba C/C —Water Department —Sewer Department Sanitary ServICeS(No VAR, VAC, FP) _Building Department / Rich Greene _Fire Department —Police Department City Attorney _City Engineer _City Planner _Parks Department Economic Dev. (CUP only) Concise Remarks: _Meridian School District (No FP) —Meridian Post Office(FP/PP only) _Ada County Highway District _Ada County Development Services _Central District Health _Nampa Meridian Irrig. District { _Settlers Irrig. District —Idaho Power Co. (FP,PP CUP) _ Qwest (FPrPP only) —Intermountain Gas (FP/PP only) _Bureau of Reclamation (FPIPP only) _ Idaho Transportation Dept. (No FP) _Ada County Ass. Land Records Downtown Projects: _Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: _NW Pipeline New York Irrigation District Boise-Kuna Irrigation District 0 1 Y I Inm.i- 33 EAST IDAM o AVEIQu), N11FRtl1AN, IDAHO 83642 (208) S88-4433 CE YCIFRKjf,,XU8842R IINA (K&UIII 11Y BE': ;fi MAM-1*•1�SrOR SCtibIC17�F,4X nrrll9 tI t"i on paper File No.: FP -07-022 Project Name: Sundial Subdivision Request: Final Plat approval for 28 single-family building lots and 4 common lots on 107 acres in an R-4 zone by Gemstar Properties. Location: West of N. Linder Road and South of W. Ustick in the SW ' NE'/< of T. 3N., R. 1W., Section 2. " Y }. C V 6 _Y (1 rf bsP E C 1 M 3nrr yy r Planning Department rL Q3, ISSION & COUNCIL REVIEW APPLICATION FACP>;t ir Type of Review Requested ( ec ply) ❑ Annexation and Zoning WK ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification mal Plat n Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance ❑ Other Applicant name: _ Applicant address: -A-LU--'J 1 fii9l fi Applicant's intergj,in property:-_ ❑ Q%W� ❑ Rent Ownername:. MM -4 Owner address: Agent name (e.g. architect, en Firm name: Address: Primary Contact E-mail: Subject Property Information Location/street address: Assessor's parcel number(s): Township, range, section: Current land use: � 1� r ip:� OptionedOther Total acreage, Current zoning district: Phone:t C Phone: Zip: A Phone: (0589 Fax: 0517 660 E. Watertower Lane, Suite 202 + Meridian, Idaho 83642 Phone: (208) 8845533 • Facsimile: (208) 888-6854 . Website: wllll t5 iidianch;_org 1 Project Description Project/subdivision name4a I AMMEM _u eral desc ion' p pose • lect/ equest:. z .t 'L rs Cvn ` Proposed zoning district(s): Acres of each zone proposed:, Type of use proposed (check all that apply): 16( Residential ❑ Commercial ❑ Office ❑ Indust1 Other Amenities provided with this development (if applicable):,.,., 19 Who will own & maintain the pressurized irrigation systgif in this deve Which irrigation district d� this pro erty he within?' '/ Primary irrigation source: Secondary:, Square footage of landscaped areas to be irriytated (if primary or secondary point of Residential Number of residential units: Number of common and/or other lots: 10 Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) Minimum property size (s.f): f # Gross density (DU/acre-total Percentage of open space 2 or more Bedrooms: garage): . _ Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding^roads & alleys): & �� 1„ Acreage of open space: . S'A kP'c_ � Percentage of useable open space: i% __ /- (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ingle-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots:_ Gross floor area proposed: Hours of operation (days and Percentage of site/project devoted to the following: Landscaping: Building: Other lots: Existing (if applicable): Building height: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Susan Wildwood, Chartered Attorney -At -Law May 30, 2007 City of Meridian ; Planning and Zoning Commission and Director 660 East Watertower Lane, Ste 202 Meridian, ID 83642 S T Post Office Box 6502 Boise, Idaho 83707 Office: (208) 383-0390 Fax: (208) 343-3756 RE: Application by Gemstar Development, LLC for Approval of an Application to for Approval of a Preliminary Plat for Ten and fifty-seven hundredths (10.57) Acres, Located in Section 2 T2N, R1W, Boise Meridian, City of Meridian, Idaho Dear Commissioners and Director,, I, and Stanley Consultants, Inc., are the representatives for Gemstar Development, LLC (hereinafter Gemstar), which is the contract, purchaser of the.above referenced real property (hereinafter Property). As noted above the Property that is the subject of these applications consists of approximately ten and fifty-seven hundredths (10.57) acres. This letter is written on behalf of Gemstar as its Narrative supporting its request for approval of the above -referenced application and is submitted with the application, checklist, various exhibits as well as fees in the sum of Two Thousand One Hundred Fifty Dollars ($2,150) per the Meridian Development Application Review Fee schedule effective 9/15/05. Ownership: The property is owned by The John L. Ernest and Annabeth C. Ernest Trust, Gary L. Ernest, Virginia J. Ross and Kathy Kisler. The land was transferred into their ownership by Personal Representative Deed, a copy of which is attached as Exhibit 1 together with their Affidavits of Legal Interest. Description and Location of Property The property is an unimproved parcel located west of Linder Road and South of Ustick Road. It is essentially an infill parcel that is surrounded by other subdivisions. Please see the vicinity map attached as Exhibit 2. The property was annexed into the City of Meridian as part of the annexation for the Turtle Creek Subdivision, but was not platted because of an existing lease for the cellular tower in the center of the property. At the time of annexation, the property was zoned to R-4. Proposed Development The lease for the cellular tower will terminate not later than 2014 based on an automatic renewal provision in the original lease. The lot on which the tower is located cannot be platted as a second phase because of timing requirements under the City ordinances. Because of these site and ordinance constraints, it is not possible to develop the entire parcel with this application. May 30, 2007 Page 2 Instead, Gemstar` proposes to develop the outer perimeter lots that can be developed with the center platted as a single lot until the termination of the cell tower lease. Please see Exhibit 3. Phase 1 will consist of thirty (30) residential lots, three (3) common area lots and Lot 23, the large undeveloped Lot on which the cellular tower is located. Utilities will be stubbed into Lot 23 in preparation for development of that Lot as Phase 2, discussed below. Prior to the expiration of the lease, Gemstar, or its successors, will apply to replat the center lot, which is shown as Lot 23, Block 2 on the proposed preliminary plat t6 complete the entire development. In order for the City to have a vision of the project at full build out, we have developed a proposed layout for Phase 2, Lot 23, Block 2 on the proposed plat. Please see Exhibit 4. Net and Gross -Density, Common Areas as Net Usable Open Space and Lot Sizes Gemstar has calculated the gross and net density with the peculiarities of Lot 23 in mind. Lot 23 is approximately one hundred twenty thousand nine hundred. twelve (120,9121 square; feet or two and seventy-seven hundredths (2.77) acres. Inclusion or exclusion results in the following densities: Net Density — excluding Lot 23 3.85 dwellings per acre Gross Density — including Lot 23 2.84 dwellings per acre Common Areas — excluding Lot 23 0.54 acres or 5% of Phase 1 The Common Areas are Lots 4 and 9 of Block 1 and Lot 8 of Block 2. All three Lots are fully landscaped as illustrated on the Landscape Plan Map attached as Exhibit 5. In addition to the tree and turf landscape on each Lot, the following additional amenities are planned: Lot 4: Picnic area with concrete pad including barbecue area and covered shade structure with open walls Lot 9: Combination multi -use sand lot area sized for sand lot volleyball including permanent poles and removable net that can also be used for dual horse shoe pits Lot 8, Block 2 will be planted with turf and trees as illustrated on the Landscape Plan and will provide access into Lot 23. As illustrated on Exhibit 4, when Lot 23 is developed, Lot 8 will provide access into the future open -space area planned for Phase 2. Lot Sizes The proposed lot sizes and range are as follows. All of the following exclude Lot 23: Smallest:,: 5,103 (Lot 2, Block 1) Largest:, 13,701 (Lot 6, Block 1) Average: 8,370 t May 30, 2007 Page 3 The ranges are as follows: 5,000 — 5,999 6,000 — 6,999 - 7,000 — 7,999 8,000 — 8,999 9,000 — 9,999 10,0001.10,999 11,000 —11,999 12,000 —12,999 13,000 —13,999 Block 1: Lots 1, 2 Block 2: Lots 16 and 22 Block 1: Lots None Block 2: Lots 17 and 20 Block 1: Lot 11 Block 2: Lots 1, 3, 9, 11 and 19 Block 1: Lot 3 Block 2: Lots 4, 5, 6, 7,10,12,15 and 18 Block 1: Lot 10 Block 2: Lot 13 Block 1: None Block 2: Lots 2 and 21 = Block 1: Lots 5,8 Block 2: None Block 1: None Block 2: Lot 14 Block 1: Lots 6, 7 Block 2: None Although the total number of lots in Phase 2 will be smaller, Gemstar projects the same lot range distribution for that phase. Proposed Zoning The property is currently zoned R-4. As noted on the proposed preliminary plat, the proposed zoning is R-8. As noted above, the lot sizes are above the minimum required for the R-4 zone. The basis for the request for the R-8 zoning is that the cell tower site constraints result in larger lots, but smaller lot frontage widths. Please see the proposed plat. The proposed lot frontage widths comply with the R-8 zoning. Sewer and Water The project would be served by City of Meridian sewer and water. The proposed layout is illustrated both on the Preliminary Plat as well as the conceptual engineering plans that are submitted herewith. Roads and Access The project would be served by connecting to existing stub streets at either end of the proposed public road that transverses Phase 1 in a circular pattern. The actual street names may be different within the project as required by the City of Meridian. The connecting stub roads are Fieldstream Drive and Whitelaw Drive. The proposed roads are paved public roads, constructed to., --the City of Meridian public works and subdivision standards with attached sidewalks. Because these are local roads, no special landscaping is required along the roadway and is not shown on the Landscape Plan other than the common area lots. Although it appears that the actual block length exceeds current standards, Lot 8, Block 2 does provide a break in the block length as a common area access in to Lot 23 to be developed as part of Phase 1 with access into the subsequently developed Lot 23 in Phase 2. The block length from Whitelaw to Lot 8 is five hundred twenty-eight (528) feet and from Fieldstream Drive, it is five hundred and ninety-six (596) feet. This was been reviewed with staff prior to submission of this application. E May 30, 2007 Page 4 X Neighborhood Meeting: A neighborhood meeting was held on October 3, 2006. The Notice, proposed lot layout vicinity map, signup sheet/Certification, and mailing labels are attached as Exhibit 6. 11 Conclusion: Gemstar Development respectfully requests that you approve this application for { = preliminary plat for the Sundial Subdivision ■ = _ - Very truly yours, Susan Wildwood '- cc: Client(s); file - - • - = W DESCRIPTION FOR SUNDIAL SUBDIVISION APRIL 19, 2007 A PARCEL OF LAND BEING A PORTION OF SW 1/4 OF THE NE 1/4 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/ 4 (NORTH 1/ 4 CORNER) OF SECTION 2, T.3N., RAW., B.M., THENCE S 00015'25" W 1367.80 FEET TO THE NORTHWEST CORNER OF THE SW 114 OF THE NE 1/ 4 OF SAID SECTION 2, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89017'46" E, 706.74 FEET ALONG THE NORTH LINE OF SAID SW 1/ 4 OF THE NE 1/ 4 TO THE NORTHWEST CORNER OF TURTLE CREEK SUBDIVISION NO.3; ALONG THE BOUNDARIES OF TURTLE CREEK SUBDIVISION NO.3 AND NO.2 THE FOLLOWING: THENCE S 00020'16" E, 105.16 FEET TO A POINT; THENCE S 89017'39" E, 55.66 FEET TO A POINT; THENCE S 03020'08" E, 50.15 FEET TO A POINT; THENCE S 00042'24' W, 66.71 FEET TO A POINT; THENCE S 60040'50" W, 81.15 FEET TO A POINT; THENCE S 39015'15" E, 110.00 FEET TO A POINT; THENCE S 50044'45" W, 36.34 FEET TO A POINT ON A CURVE; THENCE 17.45 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 20.00 FEET, A DELTA ANGLE OF 49059'06", A TANGENT OF 9.32 FEET, AND A CHORD BEARING S 75044'36" W 16.90 FEET TO A POINT OF REVERSE CURVATURE; THENCE 150.91 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 172056'06", A Q:\19708\05-Srv\01-Doc\BNDI.doc TANGENT OF 809.95 FEET, AND A CHORD BEARING S 07009'55" W 99.81 FEET TO A POINT ON A CURVE; THENCE S 03015'15" E, 122.91 FEET TO A POINT; THENCE S 50044'45" W, 43.66 FEET TO A POINT; THENCE N 39017'14" W, 71.87 FEET TO A POINT; THENCE S 50044'45" W, 105.00 FEET TO A POINT; THENCE N 39015'15" W, 115.68 FEET TO A POINT; THENCE S 50044'45" W, 50.00 FEET TO A POINT; THENCE S 39015'15" E, 12.24 FEET TO A POINT; THENCE S 05044'45" W, 20.00 FEET TO A POINT; THENCE S 50044'45" W, 105.98 FEET TO A POINT; THENCE N 39015'15" W, 110.00 FEET TO A POINT; THENCE S 50044'45" W, 28.21 FEET TO A POINT; THENCE S 13035'36" W, 70.97 FEET TO A POINT; THENCE N 89050'17" W, 155.00 FEET TO A POINT; THENCE S 00015'25" W, 12.33 FEET TO A POINT; THENCE N 89°12'32" W, 105.00 FEET TO A POINT ON THE WEST LINE OF SAID SW 1/4 OF THE NE 1/4; LEAVING THE BOUNDARIES OF TURTLE CREEK SUBDIVISION NO.3 AND NO.2: THENCE N 00015'25" E, 694.15 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, SAID PARCEL CONTAINING 10.58 ACRES, MORE OR LESS., MICHAEL E. MARKS. PLS NO. 4998 Q:\19708\05-Srv\01-Doc\BND1.doc r m 3 ACi w - o sj" x � F s JJv� 3 0 awe s �S•S§S NPF$ilo"2'_. F EMU T ■ 1.1� � I �� S1 � _ Swam . 5 ` le 1'. • a % ice! i.. s� �Yyn wx oY m,4 � Ka 3 - . !S3 T/w 3 ACi w - o sj" x � F s JJv� 3 0 awe s �S•S§S NPF$ilo"2'_. F ■qf ACISNOWLEDGMENT - Individual STATEOF (lJRS�'1s»��Cn ,Countyof 77il'W'j -nn ,ss. December r 2006 , before me On this a-�T+a" day of �ln ��,.,.. �-, 2.� ,in .hc y�r of The Undersigned , a notary public, pemnally appeared Gary L_ Ernest known or identified to me to be the person whose name is subscribed tothewiihin iq€{ru F cknowheiged to me that ha executed the same. atary Public: ry wsa� eridin�dC nCl_' ��='� "Ably ommission Expires: O ACKNOWLEds - ndividual a STATEOF Caurty or� On this �',!1' day of na,pgber ,In the y1tAr of Zpfi_ ,before me •ha irn,%raiR as ,e notory public, K lipnunally fpppYed s,aa>.y ilrj I .- . , knowniridentificdtometo6etheperson whosename ie subscribed to the within i knowledgcd to me that sig_he executed thcsame. Ig71NG}' t olary Public:A Z• ��J nY�CCA�vi .. U ,lir®,,,. aiding Vit: ®Q "., ommission Expires; - 0 e G ACENOWLEDGM T - Individual STATEOF ,f c4.S�'iNv�ck�871� ,Countyof�n Onthio_. Q-7`4) cloy a' 11ee911�= , in the year of 2006 ,before me Thr` IIndiarsdgAlid ,E nolRy public, peroonellyappeered virgi^i= J. Ross kttawnoridentifiedtometobathepewn whaseramea ■rtY` ,subscribed to the within instrument, lInd'ilcknowledged tome then t he �_ executed the lama _ L !�oliy�u6lic: 'sir-�Rk (R 2L�(,, s � ■ P' Residing■://'' `017 "'■'�" ommission Expires: �p — 3O—O 't- ACKNOWLEDGMENT - Fiduciary/Official ■ STATEOF (.�Ct-s-17/n�rt., Countyof On this ,P�VAday of A■ce■be= ,in the year of 2006 ,before me The TIndaM61jisistgeda notary public personally appy]-tud Annabath G. Ernmt ke th%upleerson rhose names,isysubscri'had Ao the �withinjnstrdtnPenl a.■ c and acknowlediEd to me that she �uted tbv:- same as such Notary Public: - Rasiding atactl My Commission Expires: — 34 --L mes. e 152 x _ � F ■ N 4. R k 0 b< Y r�� s V at KMtoe, 6PIL' ■ ii � 1 � y hey ffi n y�R !i'y9 1 - � P f m M� :. & l?fi T{ �� M Vim. � e - 1 i �S� �■ .1 � � r ■ � r� c� �... '� _ � wGn� - V _ � �u. ■� ■ ■ _ =:ems■�=' rl ���� u XT J7 46. ilo P�yypp qq.. a01 v+ Y {. 9�� ■ MY' fl � 3NV' -4 ti � } R- �._. ��Y � s-c-.�'� �.]lYJc>r� E 'way ''Y3 VM L i •..m $1 p { S 8,0 "s RECORDATION REQUESTED BY: WASHINGTON TRUST BANK SOUTHERN IDAHO REGION BUILDER SERVICES 135701 3291 E. PRESIDENTIAL DRIVE MERIDIAN, ID 83642-6009 WHEN RECORDED MAIL TO: WASHINGTON TRUST BANK SOUTHERR IDAHO REGION BUILDER SERVICIS (3570) 3251 E. PRESIDENTIAL DRIVE .MERIDIAN, ID 83642-6009 :X ADA COUNTY RECORDER J. OAVID NAVARO AMOUNT 21.801 7 BOISE IDAHO 1Z%01 Wad M EY Coll 09fill RECORDED—REQUEST CORE0—REQUEST OF flonar III IIIIiIIIIlllllllllllllllllll111111 as 106201022 DEED OF TRUST THIS DEED OF TRUST Is dated December 15, 2006,!emong Geril Proptrtifie L.L.C., an Idaho Limited jrAbllity Company, ,whda9 add M1Ysa tam 738 S. Brldge4Ey P16is Suite 100, Cjpglp, ID 83616-6096 I"Gpantor'); WASHINGTON TRUST BANK, whose address Is SOUTHERN IDAHO REGION BUILDER SERVICES (3570), 371 E. PRESIDENTIAL DRIVE, I MERIDIAN, ID 83642-6009 Irelandlle to below sa natime3 8i I'Lenderes and 4ometlme , ¢g. "BenaTiclAty" ); and Pioneer Titii Co. of Ada -County, whole addreea is 8151 W. Rli ernon Avenue, Holm, ID 83704 Inifernild to below aar`Trustea"I. CONVEYANCE AND GRANT. For vdue,Me, contltluafan, Grantor dogheueY edvaadfly pmt, hupdn.3allard e,qq'�ppvy In truth, with power of r to True a for 1 [ o} Leitdirgs B 9p 'df f{ori@ yet 9r q(IaVifiard��ed all property, �p Qp hinjif 60 cl}ry, all of Gr tar'a: ht, tltl Int In d to I 1 E tWy, 1�Ntir with 10105allr� at sudi4qumtly Mreclid or �.rN 4dlrpa, Improvaprenta @ltd (Haut. 4 maalnanji 1 t � of i amp; Is wean voter riphM:ora d FcFi r Qhte IinC Lis stock !n utlaft with elft or Iplapt on rlpnb); jY:d jar otT yaht� toy It .and profits Aiding to the, Mal plosarry, acludes without II Ration as mtnEss, oil, , Q'fE arlr and iTmilei matfett. Il)is ' ix Prcpertyt') located in Ada County, State of Idaho; SIA Exhibit A, which IR Attached to this Deed of Trust and made a part of ihds'.Dead of Trust as If fullyi set forth herein. The Refil Property or it` oddreo& Is conNnmiy known as NA, 30 proposed Iota to be known as Bundled Subdivision In dAaidian, Ada Cdlunty, Idaho, liferidlan, ID. CROSS -COLLATERALIZATION. In addition to the No®, tot Deed or T!W[aeclfeA all abliglidloAtif dabtSand @bathed plus Investor tNisim, of Grh'nmr to te(�ar, or Any ora or mato o} thyn, ap vglt tl sit tddmA by Londa Apinar Grantor any Orth or their a of than, rmher nee Axytlniy a refrok villiing whither related or rew to th&Pyrtif of the Note, whetWv vgyrptgary or otherwgt, weather due:ar not dao, dyad at Indinect,�rtYminrd or uRatprml�ri{y `I a"ylI Of cominyblrt,'rlqu % ed or unl%djd, whether Geejntor mry qR Yajlgt yin Wy or Jointly with other: whether oMMiyfirs AR Ill P,:escomnrodaiAn err otlwrvry hanoi whether hard upon 7�uph ��rtrp4tpC�a�rrryryy be or halRalt�r may Is�ama ber7ad 4 EIV setuM at Ilmit-*U,Ard whetWr thel ob"lon to repay such "proof may the or hd 011, miy Grantor preYYEtly" g to Land&Y @leo known fit girkngiry In t1 D'Add of Tri�Yjl,all of Grantor'@ right Ilan are Interim in end to+a& pdistant am for" IssafY oT in{ Prapbrty dA iMMkM from tWirroperty. In Ai�tlon, Grr4ttor altErtarto Liipder B Uniform Commarcipt Code pcurity -x interest In the Rarsonat Property and Renal THIS DEED OF TRUST, i1CLUDIMG THE ASSIGNMENT OF RENT@ AND TME SECURITY INiERIEN THE RENTS AND PERSONAL PROPERTY, � ISGIVENTOSECURE JAI PAYMENT OF THE JMDEBTEqS AND (0) PERFORMANCE OF A9 AND µL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND TIHIS DEED OF TRUST. THIS DEED OF TRUST IS GWr AND ACCEPTED ON THE FOLLOWWG TERMS: PAYMENT AND PERPORMANCO. Except is otherwefA p lowdi this UM of TML GFirdor Abel pay to Linger all SrtaurtM jjcuNle b th D.,! of True,t mt1�y tarrome due, undishelQorlbtly:ud sus timely thermal peformal of G18ntoAs'mbllyMlo under there t7olir tlfb'Dea o� �� Tris 1, and the Ralo�d DppumentA. �� K ��� POSGGSSIOWANO MAINTENANCE OF QFiE PROPERTY. Gr�jptorsyreee that Grentarre pdaiso*n and L& of I Propplrty ba.,goyatnRg by the followitysoovlalono; Pq���slon find Use Until this accubamakof on Event of Default, Grantor they Ail remain In paemMOmanei control of 1BGProeerty; (2) rift, oaegar or inform dIa'ProWny; and (3) c.Wt the RNh from try Property. The followltq provi&iowrdp to the aw%of the Propdty or to otpA: innitatlorr�i on the Pro�jtry. THE REAL IA9DI4RTV EITHER IS NOT A90RE THAN FORTY (40) ACRES IN AREA OR IS LOCATED WITHIN AN INWFlI'GRATED Cliy OR VILLAGE. _ _ S ,. e r ®� I • ■ Duty to Nijnesks. Grantor shell madlrtaet the Property or My teby cnWltloniM promptly perform Ell ripadret rdlrla(prireYrte"t And malnlfnancanecptrory to arownit ftatvslab Nunince, Wb.tat Gr&torAEaAnot cause, conduct or penile any nufsenci nor commit, jermit or•fuflar Any AtrlppktCof or vast' on or to thaProp wy a any pordim of this Properly. Without Ilmitlrp tris li nirlAry of the'fori oing, Grantor will rpt rtova, or glht to jy atiwr piny the right to ramave; any timber, minank(isclu ling olrwd peel, coal, also, seod all, OAAI of rock ah...tto without reatleryj prior written cogent. - FhmbuYl of Fnprovp'nanep, Grintar'ihAtl not dimallah or r�mov11ihy ImProvem to from tjplliell Property wilhard Lsnd�'j prier written connti{. AY+a centlltf6n to tea NmowTTol my Impravamenta, Ljejj,�At may j'Aljy`�Wismar to make errinasn+ti ik fvtory to I�arylAr to nplapo apch lama overnames with I.MWManta of -It aatelqua 401Ua.77 k% Landi',i-Alyht to Emyr. Linder fad Liineirr�a-gainto and rpppyan tl s terry enter upon thomeal Property 8[411 race"lay time6tc attaEl to Landarb Wassail, And m In net thelRSN Froprarty for purpu of Grvmorii'compliwcs with the terms aye carylitions of this De fal of Treat. - Ciunialeno0wRh In Wheat, of ■ 1 V06 Diuo tly comply WITWoklows, ordlarpras, rad nayYthusa, now or aebff cr ccuprncy of ty.,Pro0.aaty,.irceldirp wlthyrrymlMtlon, the Ammiler, :h few, mfa cd,' or r.gjkpim and with Id compliance, doikv any allied Lender In wrltlpa,pdor to doing ap' rai long if, In LWO e• Lefler may to post atlequan security or a miry bond, Duty to Protect. Grantor agree& naitlwr to 4hendon or leave wattended th`Prof�. Grantor shall do eh other acts, Jqpp addit'ryr to Thos say set lonhebuvest this section, W Wh from the clEractC Pod on of the Property we raiaadffbly farMig{faFy to prate'6treral pmairy tT Propfrly. a�_DUMN SALE - CONSENT BY LENDER.`Lander me at nth r' tion, displeases Imm i du Y,'. Ila s Icnera4 eand YayaolaLel $misasd IwiliM Used at Trait upon the T/dl. or ti5tt♦fa{, without Llntlpr's paler writYn cogent, o11Nll or y part of the Rail Property or any Intuptep tylRanl'x' ordEEty. A rsale cr framer' idaeN the co it 4ncrof Foil Pro4ny or any ilah6 title or intAfeeet India Real Protan; iffhatherjpyal, bangficifl ;4or epuiyblst whether voluntary or involuntary; whether by outright sale, paid, Insrfih nt'w5 contract, lend contract, cant at for diad, .1r w Inpresi with a farm genjer than three' (3) years, assaa-option contact or by ase, a sigCpmi n, or terafar ofoory u.na Ml int6st In or 10 any lana fruit holding tit to ILA R Property, or by any atipr reel of convoXancs of.en rytytot In the hal Property. It any Grantor H a carpaE�'lon, pert�lialp or bmIYH Iu�thi f pang, thagif r flw WEJlJew qiy c nµ}Ir}owrLership o{mora thaCtwintv4iye percent 125%)„af thcvatin t-ckOPRiI&hip Interest or rim t aabilily company int—er 81 the,capy may be, oftiuchsim,tor. ilowaker, this option ohell Aot ecu �5 _......_..._.... _ let. 1 :. N" r_ ■ 1 C = Did ^.e Ms. as are, rE " lz�; :o DEED OF TRUST (Continued) Paye 2� bei bleed by Lender it Iuch sxefdlle is prohibhed by federal law or'ay Idaho INW. TAXES AND LIENS. Tie following, provlacnueYtln9 m tbolexaamd Ikea on the Pm Retry rya plot of thlro ad of Trua: . Payment. GrafRor'StAl y�y when due lend In all even prior to nWinq_µancy) W taela3peclam te"s, eeeMemsta, .legs, (Including wetefaed ".&I!, Ufa et,d !mpoaldama lavfed agalrrpt or anbccount of the Pn p{pty,r'and 4,1411 gay whr� dukell gWma for work donpon or for ashes erSA ndercr maulllel turolehed to fhb Property. Grehror shall malnmin ills' Property fafd ol'kll Raaks giviryt priority over .r d'qu Y' to the IneErys of loader under thls:Gread of Truer, except for theaWin of taxde:ehd #i!*ferRiMa not due undhdxelpyi .s c Vk4We proyder; In thio Dasl of Tnyt. - Rlaht to Corset. Gr&ntor mey wItWold payment of any tax, eaidlin((M, or akim In Orina fction with.�,yI filth detputy aqr ftabllgeuon t, paV,'do ionP eCLihm7A Intka8t in lha Papally .4 not jeopardized. If I$ lien art" or u file a j. fa'jph of nonpayment, Gleliter seek within lifters tic} days cher that Im..Sloes or, If. alien Y Nd, within eftiaji 11 Is daro after Gfehtor haVrootidd'af in ielaa, pVdcurppplltl jlaehet of the lien, or If rMeseeei by holder, deposit with Larder asah or a sufficient curpoutll Sleety bond or othir'Ini fltbfaetory to LenI&in.en aunt ffi;,ipnt to dIplaing the lien plus uny copra and ranraeYe este myel fear, or other chingee that weld flccruil e'r ofd fonecique pr i'Xte ygdgr tKe'llin. In any caniget, Glamor she# reload Itlpif qnd lander lnd ihdl glory any ed ear" judgrternt AfeM enfordenfeAt IPIME the Prapyty. Gyentar shall rfa of LaMcRr'ga M l dditlonal o"4q undac eery pasty bawd fYrooked In OR canYb pratYldhpa. SVIObrsa Of RIYM at, Grantor. shell upon demand hunlah to LeesYwmtis aatory evldescca of i ayrdont of tMR m1M ortaapiWnMteind;ihO 'fu[hprise the pppn.MI j% govarnmoital cfficiel, to hellver to Lrdpr pi any urge V.wrltpen whoWit of ills Yxisarld; S�.eementa a�SliYt the Property. Notal of ContractWn. GMnton'ehlil notify Lnder'Nol IMt fifteen (t b) d8y>beforaany work ml.commeWed, rnykie rvide! Ire IurNhKed, or any moneriays yd supplied to the Proprty, 11 any ruaiF4f&'ESM, Mteelgi rwle HAAF or other Nsh could hiaWa tkf on accoyk of th& work, stand", or on IdL Grentor wA Won request of Larder furnish to Carte ad®acYlaeartlrelegMlepectpry to Lorthit thea Gratc hr carnInd will IVY color+Wh ImprovwrtiaLer PROPERTY DAMAGE INSURANCE. This following prrationo r.lajigg la IneFgigQ trig Prope'ityina a prf of dill OW at TrW. J}�� _ lfvlesef Inauram. Grants promises end promises Milmin pDlth" of ere iNmrc aewith aendard extekded cooamn Condo ts an +*1i,! bast for tips iq6 In" n bkv,l,lle coy 'ter IM rovsrrerntyon the Real Prolirty is an ernauit ard�len[ to hold appferslon of Buy caltqp4froe cidpolh •rye withl yFendB d mar el'upe;!n !rigor of Isgnder, Granta_r shell rya oetea m intW coraposhpaavee p'dM*abadVllty inlMivriB:in such covar5�t dmot§tle(i, ride} rrr�y requpjt with Trt1�intl 111ra lnR rese(oy pexs`ddltlon IRgyr In fgrcn naWty ireuems jblicYae. Adlliloreesy, GrntarM I, mMrian Such othN IraunraAIudryp, oft not r,Ad m hlz tl, bug�b n Interruption, ape bc& Wia� oq,oe boodur may reasonably tequlw'. Polheseyhaplbe wrhan E'i'fdrm, SmOMA covYes.p liviid N iomonell y-Apcdpta sou, A1.diryind leatpd by,company or cam repo rglli epgeptalowto LemAr. Granter, Ikon ragilid of Ln�r, vlYl da�.+ft to �rrn ;ram timA 1. time the pollalj+ or SaniM of Ina a i VI farm ctary to 4/neen,rthal ra stg$IARCOM thpF cov vas not p.aaebd or dInIMERid Without 4k batt ditty 1361 dey$priar wrltl6h not{gauto Linder Ey h In'yxcr,.!�� pplley:yp rhyl fiilldd 9a mdptaarem Rovldl that couere 'te or of Cordae will nal# ban, had M ally way 3y any sell OmIll aidoi'Qft of Grantor at my cth@ pltpgn. ShoWrd the %I F1'rl♦ " be least LT pas Y00 ddd++193noPW by the Malabar of the;FMdwal En�a-esy WAdiigemAnt AOCAY I re* fwd Kazard Vol G • or ran m .Masan 9& n7lintalie Ftdesel Fbat:lllpr„ep, it apeyetle, within 46 day. aft* anal dvba by L0@�er that tfb Property Nor JJasnlL. �pppacUr I�ped hesWrd steel for the 4l{If unpaid pphcl�pr' I ilfd Of tt11 Ybrsard any prior Ione alt the Itopertyvaecuktp,thiaidan, rap t. tha ds'iAenum policy hmRserja unrfer the'Natlanel Flood IrYatyphae Program, ar a bot arcades Ygstld by Lards, and to mdstasl such.tYu Craw f acthsttum of the loan. ' App!rtbn of ProopAds Grontor�hall promptly Will Ipdar of any kepa or domain the Prapoty. Lentlr may mak6papoP of seeaf Gkntor failp to do Ran wlt!)In flf*n 115) tjlpye of 14 ce'�ppyiy. Whathaf or not Le aacrtity, 6g head. Liamor may, M Lglalrra efdet1cn, (wetvs+�nd aTain tFFproc olde'af any 1, surjD:e Wand apply thj�pa ■df,to th t o1 th�j+InnpQ�,a�t Y�gpy payrry�t of uy gra alarm® the Property, a ter restoration Wand rape}r o1 tM Propsty. If L�iArsia'atdl hi ly 8hsproctiWona rr toratidn and Npnr, Grantor s2tW rtpy ._fit r or rgiYc.th.,darna4ed or dtesmyetl teepravMenY b e enennar eeWiwEary 4o La'rdar. usenet lha, tMlh•detFlectory pool a/ �yh �dp'ndlture, pqe qr yllmbumq Gfe�or lrem thl,prcpgtle for ter® rewnahls coat oP antro ar reamatten i/ Graitar Irerat M daiaYt • u@tlar thA.C�an of Truer, Any pr.opdq'Iwpypt I,ryyp ((ppt beep dI'phuVed within ISG gays army dYjl mtti➢t yd wijph Leerier Ms esrt cdlto t!IeYapolr or fbdtotiibn of tXd Property eNp� bb Fetl l to p5y nytamount owing, to 44f�lnrjpy yndaj the D'ptl of Trot, flan to pay �ferWtl ktalat, rid tlk remAndep ilrany,'AYII ?ffi apolar to the pringlpal ha�enalh of the Ira�abtedna3r If Lon!{ tnitli any Mo. alts payment In ttrrol tae 7ndabadrieMr•:arh poroses shall 4e p®id to Grntorrea GfantarM InMeM man; appMa. ad tarr'4�Rep an an ir).iuppgvl. Ur�nn requait of band howeaei not mora Iron u e year, Grantee shall fulush to batiste sre�rt on each a:+le ajp peaky of Ir�td]t11de .Towing: (1) ds, nj nF of tIY Meso%dr; 12! 111q ria„ hill 131 tlypemoum of Ahgpaacy', lot the prspaty- brad, ties then con5nt repakMnent Wulf y V, p -Ilky, tint! tlm notation of dal® argelpt;thct valuT, vi 1'F1 10 exphpt{an Goof of the: paticy. G entolleawl, upon rayaMt of Un 1, bevWeh tnddp daMt'appralia r'dit�laitory m LNTt�r d§tB]minbl�I,cOih vyue allacermaat cerg.114 Property. ■ T LENDER'S EXPENDITURES, I7 ton or procetti ft Iacammerg�QgOpd the{ RdGld inatasYtlly�fNct L aclaseli yilhs Proeirty or It Grantorto comply with any pov5lcn of 114 Deed of Trwf an y RHita l DocumnG, inclygeg%but nott d to GVntory filiupaeto dNcharg� pay yy++hen duslanyem.una' Gunter lay req~ to dlacholI of pay birdie this Dead of Trim, or5ny Rai.tatl Documbli. Ls ldd; on GriNuorl' behdt! m y �bo[aWeil apt 4a ahferatetl s} tekavnyveation i at Lem dasnowapproprUn, Ir but rest amltM to didch&,planyp or paylmg to gcyritV Intgiepfte, IaraS+'SSMp} err oUjr cfllrgl, it any rim,=NuaNtd or placed on VW Property Plopsty ease pey�Jr'� Caepelfor Ineuring, meln3lrNpg aid,,rrvlll� the Property. ni P4gh ekpenjyur"A Ise ell or pied by La foryyoh p�will loon bi r Intepatpt 16aseia oer-er cNerped unarythi NOW Ilam itis deiB ldCydbd or paid by L�r(Ir to :r date of jilley tit by Grentac M &h axis .-- will t�flaammsi�,��tort al the Indebuder mW, se U Mdlr'a option, WO JA) be ply(Lle on dOnand; (Sl be ifYad to thii bald of the N.tPend ti9 ortlonefl among sold, d pea" with pny_ IneYllmont {9yrrmnts to bscome daduig other Ill the alrrl of rely itoplMpde iriutanca pdNUy; or (2) the reredhe m of jhs_ NOJ; or (C) JR treated gut beaoon paynamt whlph will � dus old leryablr;t the Note's matwity. TNN DOW of Trust '%w Llo w`II q' curia pyymmi, of tliiiyXrmunb. Such right 8* la�ln j1%Nititi�to aalcto; righttsed rynpdU to wlssoh Lend., may he,aultlad yrs WARRANTY; DEFENSE OF TITLE. 1'belfrrowinQ proverh,ls reeaetp tc .wnnehlp of tf• Pro➢arty8rai' dirt of tlli_IIDeed of Trust: TI%. Grimm w l*tp thy: to) Grantor fs66Lgood And markisebyo tills of rpord to ties Property to fee shichn Ireland these oheN ferns randrencumbr pthat than those Yat forth In the Reel Pm(i my descdptlan or In any title Imaypnea porky, lite Alport, or Ilnelthk opinion eM d in femr of, and ....died by, Lends, In conAcdan win thlA q"d of Trust, and Ib) Grantor heythi fkJl right, ps,,kq, and enharity to exeane, and deliver this Dead of Toast to larde, aa defNe��.>p of Title. Subjilt tot excdptlga in thg parlpsphidbovie Gunter w,uwk, foal vrpi Sgesned deMd t on le to the iPryertyegaina tlFH lavtul c'�ofl m of eN perOl In the .ant any tion or pmddedlat ■ c.mniinctr ihV qutVone Greptor'e lido or t4 intppesI of TrueYeu or uoraer ua9C thls Dead of Trust, Grenta+vhal ddilntl thl IEtion at Gadlor Yikpenpp. GreMoi may be the nominal pe ty in ouohpproceedlgg, but Lemur 16,11 be entitled to perticlpae in the procaeree ng and to be eMPOad In the pru,nechi glav counaal of Lgndefrerown cpplaa'id Grantor will debits, or gauyl to 6erdrive od, 1. LoWb,arplh Inetre ants ae.Lsndsn may +irlLedu Ism tlrneto time to F&MIt Both particgNtion. Compllance•With Laerll. Grata warempotLa the P,Dperrtyl Wd Gra¢v'l use of the Property complier with all ixlering FpMVtrai levy,, r ardilitnipee, Ind regdptiony of Wvermmwgl autterritiis e: Survilti6[ e1 Rdpreppdrtetlo end Wwritfle. All fepiesent/tlonjm 4rrandM, hal .g rtrenh nosh by Ggptor In tans, Dead o1 Trglt ehdl ehrviW the bt®ution:hh deriv.ry of this Dd ld of Trefoil shell be c.minuln0 In n.81 Ind All Manila In fay lone ir# effegt until such Ilene ® in full - 110 I . . aa� ■ as u! CORDEJ4NATION.WTho tal!owint ppviplpn, relining to oondemrtssn proceedings arell part of tNSNlsed of Town: '-. -.- Proceedings. If bay proaaedaVjn condemnations, Iged, Grantor ihell promptly notify Landar In writins and Grantorahol prompijy two' fmh seeps M may ba0nic4il to df.10 the Milan and pers n lre aavard. Grantor may o0thi'nummil party In Won procagding, but Londe rl shoals ase entitled to naticipsto W the procuseel And to W"prBanted in the proceedlYl( by courggel of he own cholors aid Grahtur will d.eiyar or sail, to bardeilversd to Lander such lostmmm2 tsnd ess docteiladon may tel agouag by Larder from this to tints to permit each participation. W-AppMtiou of Net Free". It all or any part of the Property Is cond6mrkd by `dminant domin procermInge ar by 'fhy p,.0dJ.g or • • purchsaln ileo of cond Ailrui , Gander may a its erection requaUth.] se or hhy portlon at the tidy proceeds of it% Ward ba appWd to DEED OF TRUST (Continued) Page 3 Alessi lir■ Indebvi or ins?rilfair or rata atlon of tri Property. The net pro�ohaadda of 2h2htftId area'rage the Ard alar p)ymant of all ane■pnahla coats, oxfar■ee and attorneys' ONO incurred by Trustee' -or Lgndt8f iommctlon with ihkoondilliam '. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. Tho fallowing provisions taelig2 to paysnmxnul tax", Seas Md chargwari el(art of 14 Oehl at Tnkt: - Current Tees,■.N raCd Clargs6. Upon mqueif by Lumber, Gdntodshell.... ue spun documen Inldditlon to the}[j(Id of To* and tRke whAWV other action I■ uq■med by lander to perfMtadd continua LenderR a6n on the jsl Pm@lary. GrantorgTyII Mmrbuge Ander for $If t ag, M d�criyed follow, Vintner with eihaxpmea inculmd�J'n recording, emfoin ng or cmtlnuTng tae z of Trust,, encltiding whhaut 6rotation oil {oxen tgga. docummtwy 414MAJ,}nd ether el■rga for rsyariy or reietesin g the Dui! of Trust. Texesc The fteawaig Ohl cot}sthuta t3'xia to whlch thi4sVction app 11I alopecific "A upon the typal Gaud of Trutt or tion Our any pat of the I■VbtasrtfWaacudd by is 06eC df Trbf: 121 a Vpific hex on Grantor which Grentar 15�uthorifad or rdquirp(I m ttadilct from payments on the Indibtadesss assured by iia tying of =cad of Truu; (3) ',e tag on this type' of Oied of Tru @@ chsrg"lale'! 'i'yelNt lite *dw or thA holds of thin Nato; sessl 141 i aaacific lax coal. army portion of thsandebTugri, or JI paymanii o/ princlfel end Infara{t made by 13dihmA SLAMM rat 7%IAI. If any faux to which thleffgmlanSibligl►,,'$ enacted Subeegtrtint to the dela of thief[ d of Trutt, this rqlamahall terve thaaems afiat t■dgn Event of Default, and LRevei may ci ail shy or ell of ItSivgShbve Faenfllesi far Ike Edda of OafeYdt IMT proy}deyl below unkm GrpntoriAidMr 171 payuthatax hefore it Yiam®Mollneiant, or (21 cente[ae iheaix eg povidgd 29uvd�4, the ni t and QaTlE ectlon and cjppoeJtgwli L,giv h maeuHial corpoestammory bond or oto♦ mcurity satYfan[ory to Lentor. SECURITY AGREEf11EIR; IaaIANCrjNO S,,TAAATIMENT$. The follow'Ing provitjkna rigtini to thin Dead of Trget baa security Wumant area purr al lla Oevd of Treat- ri } %Saurfty Aptgameet. Thus In larant shag; coatitmel Sscrelty Ag■ert■nt to that ■rot grey at Na Propiry coniti[utR fixtJM; and LA &A IH81 heydj}N, of the rWW of "amnd party Minor thFUryorm Comma ilii Code mtxnmsM from ins to time Sg OW ft rt 1. Updn i6qu% by Lends, Grantor droll tbk0 whisiy wilita 1a'L4LR*d1 by lender to pgrfgct and nt,�nap LoDdqu woolty,aitataoi tla',R ms and Pwono Pmssiiy. AlMil t!an to recur tinge bi Nd of Trust in tha'r�gl p'ape'ry �aaor Ijandi mjy, M My tlml#aid wlteput Purtr»riYaJtladuYcn it.. GniftMi 1llaeexdouted caJrterperto, copYa ds AprodtS6tfanD of that of Truj['a�a fire "tyn�nt Gfantor ohgU rgimgarss L�dq for el npxur ircurradm ptrrYcfi� lar mmtinut„■ ihia..auW lty Intrtgu."Upon d iulul , GrGrarri rpt 4maus, Agvor or detach the Peepon� Pope tt "ram tM Prgepriy Upon dtigh Gill droll vassmble my Pauonol Paoparty mi a /i�d to tit` PrepMy In a mehind 8t g�pYc'e ra�prr((ggbly con4erlant to Grt�ttor�1lSre��d Iggrmq/ god nhaAy IS svalahfA to Lmtor within three 131 deye9f* reoalpt of writtah dUrandfrom Litnder to 1Te'bxint permlut byepp_ blevow. AddregRsMI The mptlna adiffoo a of Graimr halitor) lad Loasnr (MuMd tarty) from which information coAftmog thlKaect6lry Ion HpOnvetl by thij QWN of Trust mine be obtained (Such Me Hen talel by 14 Uniform Commeralw Code)era�twd orr eha'ilut gags el A4 ill of Trot. ti FURTHER aSabRANCES; ATTORNEY -N -FACT. Ted folloV.1 pro li taWtlrtg to faA MrVufuq0^tirv( {jtorn"ey-In-teat aur*—% pert of If$ Edea of Twat: Fmtlfar AhsuL p -a, At Nay t*q,rar� tram time to ills, span [in of 4ndn, Grantor wff, maae,:axacme. and deliver, or wel cg[na to ba More exibutlffdd or c5 ivyed, to Le My or to Cei �dfi A alefya, 4fp whip rgpuagte by L OMI, 0#01 hcfbal, n rded, gird, or rse¢ordetl,es true dies mry g; scalae times and In -h of vend pli$y ®f'Lmdar mtiy d oFfy'�roprlatrP edy r�•d Ich m�±t�lperye ddeae of tree■• security tlnday sedate aa7aginanu, /alen0 kit in H, continuetlpn it " tp� Instrument} of /urthar ;JIM Itartl�atagi and cera' tlaourtgnSg aaartgy, p(tba plq care■' o{T Lauder, Ys rfeoasry arldallydai order to etfMfrlita, cam;JI p>ralol, cdoi or pleas a n} Grantor`s u .1 Tri n as It the Nage, IN Octad of Treat, 4W the ReYYd Docull i it so (2I tit■ Ilene nd gAdYlty etidlfi Of told by this Cgjd of Train as ilret OW prior II j qg tip PrafWrty, wya}lfay naw awned or h P ecgM{lad by Ggntoo Unoae anis inked by law or Lmder gar. il'to the central in wrlti% Grrttar {real me Lie LorAr far *A o�,i d expep@a■ mouryad Y connection with the rteateas satxre9'td'in'tt! pare�gryG. Attu rii yl(it-Fpp1. If Gr((m�or hll{ho rip y of talrotl�airelanrlsA torp toe. paeA Iptp aognaY, Lord& may do an for use in the nine of Gisntm +red et GAcnmy expenr¢ Fq�yach pgrpgaae, Grenta te;eby Iryavoearlg into llmdw ata Gr�aory attorney jn-fan[ for the pearl®a meking,'Jrplcuting, tl44ring, fill pQpg,� /gcorddaItpg,, and (Inn§ all chine' thlriei u may b6'rttypa_My or daalghlp, h Ulfi J pole opednn, tmsoc0mpheh tefuiartelhlraler,Yd tpel tha►redl`Ir® p aph. FULL PERFORMANCE. It Grantor PfyaVll the Igelobudrir wpm dus, and otfJprwiatEpYformia■ the oh$aX*rA iallNed Paul Gugtor urAr dile Dead of Trust, Lan4ilpi der eAt" and [yet to Trustee` ,Wuaat /or f�(�,eansayaa gwondAhall arimuu and deader to Grmtm i■ta le, 6aRgmmul at tirmlM9lon o/reny 11ner�lge a0.¢ rairt on fife MVldfncle�Landar'�IgBcwltyl4rr�raai In aha PjtrtgpM eye Pgowrtai IPrg7arty, Any ■conveVgnce fwraiuled by few Itis IN -gold by Gm`entar, If P*Ada n dby2ppfcaa551181ew. EVWTS qF DEFAULT. Each of thNoapwlop; au Lardsrte eaten, ahelF.consaltue m &rat of Oebtle nr,irr thlsD[ad o/ Trwt: _ r ou P�ymiant DOuit. Gtentor jjp to r4% my payroint eh�i data ander ti Indent drvau. Other D■Yult■ Grantor eel to comply with or to ididorm any other harm, abllftlon, covvirpnt or condition confalried in this DoF . of TrtQt orrIn any of the Raiud Documents or to comply with or to perform my term. Obligation, coaahait air condition cont freed f6 MAY other jgAnYant b',ptw(ih Lggtgesqd Glamor, x Cmf(ao¢e Deesult. FaAi)'ta comply whjj,Ay otNfr term, obligation, cmAniint or ogpoloon conYirad In tied Deed of Trot, the Net&orkp .` my of lt*:Rd&M Dacum". . . is , T ■ = ■ ■ K Ogjtf,�It on Otheir P!ar U. Falba of Grantor within tau■ ttinse nTlood by MIN Dud a/ TtWI to mike Frey p&yrngnt for Axes or IAuiAcW, or y7ny other ;$ynipnt nuc lite m prggmt fl*V of or to affoot dlmhaugnofany lion. rv, EnWbMMMIII DiV A. Fallurb;ot anyl�rty to campty With or perform wfj6n dAny term, obljeatlon, cmvgeant or condition cistri In My endlranminte'I"sq tient axicu[etl rn conch. V.n with the'Proparty, Oyltggl In Feiner of Third Parttu. Shm d Graver dial units' MY loan, gxe■6on of 0-Mil,•i6cudry atVV Ant, pLaatWei: or Oita!aefeam m, Or'hgy other agreement, in favor of,any ether ceELltor or pease. that nay mpadelly affit any of Greatssts Mutant, or Grantor `a 90111ty to roipy the iadneO or Oform their mraplitive eb.6&tleN undo thiel De aQ of Trugi or any of tro IL(atad Docganmu. F t Sufementpl Any winqum,, i red on or Mipt■ngnt m� or turniahad to Fontein by G■nWr or an Grantopa behalf und1E [Na D' of Trust or the Ralagd Docurr{6nt lilply or ngJalgSdiaylin Any mdaargll gsticD ether now at Y the time made or roseleted or ■ �gammae laid& or mlafesdlog tjt May lame t Meaner. o D11p DIN% Cakes gllaAtfon. Thlea Dud of Trust or any of the fluted Docananlg useoa tum in ft■ lore¢ and effect (Incicl1111bio le Ru(a of any coadtAIJI document to crate a vS& ppd pgfecydAascurlty Interest a Ilml3t any umgnd for any wlloa, Dgeth an Ingolvatcy. Ty dlelhiutlon of Grantor's treploa-0 of whether okotfon to cc minup ii menta), any mronop witj&wadram for tanitedII''ablYy company, onsny other sarmint■n of Grantor jog MiReami a Weinp bdRforos or the death of ray mfinmir, the iraclvmcy at Grantor, this d{ipointment of a r i,"f forAny an of Gamtob property, any I ment idr tea be Moffitt of crodhong-7 any type Of cc4ollor workout, or Ley eammanegmant of sly iccpeding unaw my bmkrup icy or Inmlvoncy few, by or eg■not Governor. Cwdlior or FmrFltt Prors#dkk!. Ccmm'erL<lel}iaht of fored4u7ne'or toriiloaj procapol a, wtyetj(rt byjlHic Fl proGMdiry, 91f -help, Mi Men or shy otfkr Alit ad, by any creator of Grantor or by any Vernrat enYe thre;py s�d)ni Any property sat Ainp tie Indsbtedsan. This fadadae ■ �raYf;mant of any of G,entcr'3 mcouns, Intald� depoatt'icccunfe, with Lehi HoweTfer, this Event of O g4tilt!hell rel y ly If thei Ip good filth ciWute by G■mtor s to thovallehy or aemone�ese of the clam wllh i th9 idea offing ' a ftditor or foreitL.0 prooWingpil tt Grertar8h� IAndltr written native pf tla creditor ar fodalturarpreoagdtra bpd depceitexPalth Lindst mon u or a surety bond for the thoiior or fartpiture proaxii ire, hr t?n amount dinermleod by Lander, in le grate d 1soniticn, as aoWyAn •adiqu 6 AWWrA or hand for therdepute. S Breach of Other {igrwnmi. Any beach by Grsnmr under thel terms of any other'4miefi elm; between GAtor and pCeander thal Y not ramoQed witwnphy green piiod provided therein, includin, without limituiea any'ayg t can. armrg any Ind4madneelf or other abllliotlon of Grantor to Lgpdet, w4ther eleoma now or later. EverVAfucYt4 GWryitar. Any of the ptlF.ading g1vEnt� occurewith ra�p�ct •o any Buarent.p gidoge6 every, ar■ecommodetlon party e ■ of any of the Indabudn'! orrbny gprmhor, endcmar, 411 or accommadst!oO party dies or beunrad incompatnnt, or Max.. or Y,f ar DEED OF TRUST M M pral"4 ` (Continued) Pegs 4 dBputo:tM validity, of, ala %halt, old*, any Guaranty cf tartchrotedin a.In the v4pt of s death, Lender, let 1LB option, may, list ahgli not berraiulrsd to, permit tote kuarenmr'a saotM to sstint'uncondh ore7ly the .1,14oll.0111 I,W,p ands! die j..a y In,a, manner v, to 4tndV,tand, in doju ea, cep say Evan[ of Default. Adverja Ch'dnga. A metellaf achlr$s ch9nW occult a Glamor's 111:1cial condition, or Lgndr bgrWMI the prospect of payment or perforrosessanf yhadrl4btsdm" Impeba'd. - I'gcurlty. LVVI imatod faith bal,,%fs boli Inaecure: Right to Drag. If any 31aulq othir ttQriy dgfault In p_ayrright IF curAblo d if Grantor lap not Ineorf lam, isnot lar, oft broth of the sena proviilon of Will Dad of Tru?t wft6 thFpa6cadl twelve (121 month It may 6A curs, If Grantor, After ruaphlflgwrhltag notica,from Lander dWn din4 ct7 of.euch dbtebh: ill cu iha dietnult 'within thirty (30) days; or 121 It th'A use ragAr35 more than thirty 1301 deygl Immadytdy eddelt,, tap, wsah Mader deiate in Landerh ice dlicfieco to be LUNletint to curd the db%ue and thFrdpfter continues and compignmoll rsfuoraggland rsceaaery.gtaw sufectint to prodrlaa compllancaaauoonra riMonehly pencltal. RIGHTS AND REMEDIES ON DEFAULT- If in Evjjpt of Da'filrlt occus, mijr this, Dead of Trust, 61 %my times timadifMq Trueets Or Landar may saxisclMaeny oris Or mora of 11a folbwigA rlghtSiand rahong? : NOtiot or Default. In the eWat at Cafaw, kereser thele t.ftu or c8tlf6 the Tru" to likioutsil written not rre at'ech dsleril�" god of Lantae re*cvsr r ndr, to aiderscounthe Property roperaiii tytto biesal old to ttygotle�ytphmil�;a ft agtl�l ceusa: uch r Oftwto be Mcordad In that vfilsetaf Elecllon of Ramrtles. lRctlon by LtrdkT to p,lliutl any Morally ghat' gat'ekclude pur4ft of Any othe tamgdy,rond lit secelen to M1411 WD&r,dkl U or ta?Bstletlon to par arm an oblllpaitn of Granter urrlilr thle Diad of Trull, stall Grenmr5 fagur''to Padorm, 3SrYigpt affect Waste right to mctanct, default sus axeciba Itnroledlwl Acr#gIst1tp btidd&y. L#0ar la net hpxr ttls right eel I{a,#Ilion without notice r, Grantor to ticlsra+ahasmdla IndabMdnees Immsdafiy tlee;Anid pd'.a Inchill9k ry prjpeymgnt pilh'alty which Gfa]ltor WM Q b%WulrAd to pay. Palestinians. With religion: to sol cranny pin of the Real Property, thf Tru illm shall hWgNtgg,'rIght to foiicltpe by rwjkdF9nd $19 gid k40hallagdarlehad ha Ill: right aadrdese ht to forulDstIby ludieid fe, 0,Jsdhir delet re-sbcordal" with and to III rWl Wrifent ppoo" by ICAWR Jew. UCC named�gas��. With mapaaypI to all a, Why part of tits, PSplis, onal Prc itunisryhag hgvgiag tte rlghtaAnj "cLIlp Of Insulted Rorty under t& Orator. Ccmrdar1%I Coad' CtAlloCt Rants. Landwoma i faval the ri ll without notlaaso Grantor to tab possession of and mMAUa Ing ProgaertygM collect tie W* rigpittdlgg kmauntal pff dq and unpaid, MW apply tis list pacenal over) laid abarra Laadsr's cmtrr �q}loll the lmkbtodr ill In furtifge o1 thio rftht, Lanor m'gy regatta ) by tenant or toffee 4W of thr Fragility to mpit paymgnel 37'rirt or M lease diactiy to Lender. It tale Rnte+eye collected by Lender, then GRptor inavogpbly d�p�$��� f(sndsr se Grantor'; gttorlyaydo-fep[ o.yrWrga el lerumans racalwd In payment thereof in the dental of Greptor and to degclt7;Tt I qln `end collopt loll prooeetY{ Pgymenta by �Inantj or athpr uaytto lander IR esponaelo Latr1Il4 qatmesM dial) tyYefy llst'obgLjpibrr for which tits paymantatitrUrlglle, wWhs& or not any P PM tyornq dlot thg_ditral aelyM, V Alar may aolleW ltl_riahe undo/ obit aubpengNphlslihar,h paxsrn,by int, or iMough Tn vgf. Appaart RlBYvr. LllYaer!eYell peva rhe'right to iyvi a "rnt"eirNr apilviniIll to takg pGad'eSekrYan of at Stry pert of tai! Propirty, with ties MWatt to protect Brat preserve the Property, to uparau the Property prgredirl' forac a or �, and to cokegsgqt the RdiIIg fight the Proprty rd apply to pro f vyyf ref O&W IN owl of the aceivagNp, t Di cindsla lameal The rpMar may frva wltlut bond If gjrmlKetl by I"�.wP'r� Lan right to tia4'ppoinimgnt of A pecplvW Ali ax4t w hr or nat thipeepront value of the Property esxaaeee'rtdd IndMatndrryPby [ifitial amount. Employment by L"er�IhO par Pglppn from {BPring sgrarpWlLgr. Tabor n N. t-fivlw s. If Clwtar MMIM le pal 160n al 10W Property alter the Property WHOM lfr'.ppbviryU 960411, or 4gag, otherwise e>xbscV6 aj tided to poseeeann of to Property upon dafsuC of Eleanor, Grantor asst berm" t61Wlt gat to of lender or this ptap gpsr of thd'Proratty gndihel` 4If gpr''. action, either 11I pay a rapaprppb Anter for tearuatllof Ihu Prgny, or f21 vacate the Property ImrnMtely upon th6demand of L 'din Other Ramadtss. Trtnees or Lantlararcel haeleny atkR rpht or rbtrrdy provldgh In thielDod of Trustor tiff Note or ylplfby at low or In equity, Naticp of iiala. moor Aid Rival Gientor ri&rw& nutgaq of the Umacgod pled lofqn' Pudlc Asia of the I+,�al Property or of the lime efler which any prioNN Bak' -or othd gyo Intended dlallon of the Personal Propilly Vol 4 m}da. Rggeonagla rlo BMA regen notice Own A leas) ten 11 01 ddyt Uaf rlithel time of tffdlW Or di4mildon. Any Pale of the PSpYronr Prrl rn / 4gmXln coyprptlon with enyxMa of the Real Prolismy. So after Property. To [gptgxrpnl_permlged b applich" taw, Grantor laegby Miles any sold MI rIONke to have till Prouty meahaUd. In ext-+cof!g! IteirjgWend r idlatii the Trud or Lgdar,ph{II he frits to pill all or any part of tial Property together or agwidUy, In ons, NRi or by g)parhYe eVAtd L rlhay sgantit: to bld'et-dny pubr6 dliTa on owner any portion of thl Propgrty. Noticaml,I srhgyin be Ivan p thin rguired By N w, and not lit thaltfrdd fegNred us, law hAringekRaed, Tr ,without tl�rfapd on G/.I Yh 'a Rya property es the tine led pilot fixed by IM the noose of sepbcAt public allctlon to they t bidder for cailSP )twits analogy of use UnhAd Sldjea, paYuialgt time viratip. Trustee ehaerdegar to the purchaser as;or tan d convaylnp tlr'•Praparty W sold, but wItMat any oava7{ant or wvrah�.iy expr�9 or Impfed. The iScit In Auch died ofeny me ee of fectgtahall he uthnywive, Rtesf of the cmthfurrm _. a iif �lkh ffAyAr6ar�e f Or _ Flare 11 aafa, 1,a `a5 a �p�. siyf Tg,ye: and of INJITruat, in,141Fg call of ay[offila of titiplif d sptpertlo under ten Dead of Trust. rest thea f eeig! wilh:htatast thueson:fe pravNad In thli Dildo{Trull; @1`311 Yeablada� sjpured hereby; Sep W the fgMerdi , If WY, to thq,pVvn or pgrgpnl IMIW entitled Villain. Attorneys' FW; Exparully If lender Astltulgsenyrblil or dollen to snfurr.! any of ten tirm6 of this Day) of Trust, Llegier shill bgmntltleo to recover such alion a ilea court may ""I eabt land tOOoneMaiattorniii' fitria upon any tppeal. W*hio' or not my court �lbflon N ilvO!vad� to iter extyrt nut prohlblIt by law, all raaaonlblitkpeni %L=ar NcuN thit fln Laltfag'S:opi ifon'eFa miiigae`ry A any tiiryq for tit►prot�ctllan of pa inMrfeE or ^tl� aaetwapresnt .1 14 dilate shall becomes peat of thwIndebtadrMs. payable on demand end ashes bear Inierlft 1,h IM Note 1,a{d'trem tl}g 6e of tlfjrxeaWltge untilId. ExpRlgs covefr by We peraerpph Iralude, vetlesot limitation, however Rub Mit to any Ifmitsfunder epph-91 41aw, Ldndarkh r6eVattorKegal fill Lo rdsrle lappl•pxppntaa whether or not tlllresia t aweeL Iratrtlaq rduonAole etterna$'-Nea jaad wxpshae'1 for bankruptcy prcdeediV. (Including sffortim Intel or vac a any +utonoodc Jay orlhjiactiON, spectate, and a nynikollerod pule-ludR t colydonutraloW the coot ofraear hN p racerdaf obogn�rtp IN {9por IIP4Wtling a1, esYp fpperwJ sprvryore,_rapory. geldpapg, eldest tide lerWnnau end fees for LhF� Tigaus, to the slnent PW mineE by'aFPlic Idw. Grantor elf wA1p6y any court cat in edditjgn to,AQ Orly game provided by law. ifRighta el Trust®. Ttaataa WMN here all of that rightY and dfnligil of Langer as bet forth In this $etlon. POWERS AND OBLIGATIONS OF TRUSTEE. Thi;tollowinq provislense sabres to the pcwarirnd oldlgatlon€rof TrJONt a part of this Ddaa of TrgiL Pewee of TraLt6'-INssdidon to Ull powdle of TrOteg nlyng,'si 6 mettg Of IBS., Trust -hall hA,* thq pow" to tahp Ing fgWw;n x action with retail to the Property upon the written request at L%rM'r and Enamor: ell Jain n prs'p�7(,ap ipd Filing,a map or pi of tit lfag Property, Igslujing req depigpfon of 1$gpt cor ctyr Ill to the public! flat jail In gali any Wrl�tMt or creating Illy restriction on tyy Rei) PropJfy; 1,,d (c) join in anylpusa dinatloo or othgrAgr®mppt lifdaatile that Dass of Trolls or the Imene t of Cindar undo this UNa of Trrrt. Obligatyne to Notify. Treartctehall not he obligated t0 dbtlfyliny other Party of t 111 mJY�.lap,. � under any coater IrLit deed or Ilea, or of any qfxYf_ ,�ctfon or procMinir,in which Grantor, [Ands, or Treereesahae best pats,, rlesr6a LNeleI on or paocadding N leol by Troltek TmgieY. TrusteW„phell meet'fj quapAcodorjejrequlrad for Trugpi Write, appleggles low. In gQaadon to this rill Ind xnrdlas M forth /above, with respect o all or any part of all Proporry, thl Trura'alfrMl have thin right to forjiylo Kr,6y hotlexmgpyplpa and kendal seek hive the Vt to fowafiase by pldeeal forecioauti, Ill either Goa Wficcookmor with brad to the full Wolof provild by eppllcabie IeW. Succlayr Trgagap, Lender, it Lindes'a option rely from t1mes to line appoint arduccmfeor TruIlee•tc any Trushka Splitinted under the D*d of Tobi by id, offv4ipai ongcugd and spanowlAd ill by Lynda and recorded In ties Who, at the recorder of Ad. Couhty, SIM of ■idsho. Tit 'Inarrument jhall cousin, institution to all other{ mantis RIrqulred bye piapq law, the rymgp at toy original Lamyq Truvw,land Grantor, the book esnd a wrens this Deed of Trust Is rewrded, end the nems and adtlrasAof tjp eucSsbor trusgili, ind tharyrument iii �l ■ ; � = � is, ;,.frit eon DEED OF TRUST (Continued) PagN 5 ell ba tioap isd and acknowladged by Lender or Iteeuccareors in Imithisk. TheaucOMor trdltee, whtlput cunwypggFe'ol rise Prol�ny, e7 succeed m the tlth,.�-paws}, gntl tlUPlea conferred upon IM Trusts, in teas Dutl aTTmiDbr� by Wppl!cabta dew. this procedure far subat!tutfon of Trusts. gall Naeem to the ex*Sion ofpll other F,.,O !mg fmryubtltution. NOTICES. Any notice SgarW to tlA given under all Deed of TrdAt, Including with= limitation any notice of dAdA4k end ay notice ofuahs IAhgJI isN NWap In 'rang, land sell be9ftsf-ance whin balmily dlilall when lctrially FActived by fee..a'fmllg gppeeei 6thI wlstrakuinpd by law), whifn hPill with a nationally ricoerozed ovwrdght courier, or, If rallied, whl deposited In IN& United Statbp mail, oa 4eal clNeq, f.mcl d m Roistered melt pogtega Prapsid, dlrecyd to tha,eddraaaaaahown mare the bagira/ng of th{e Dud of Truet. AN caplea of nmicAY of torecirus from slid bald? o} yly 410 which hpe priority over this Dud of Trust shall he rant fo Swill addres,,rrl shown sup the haginr�� of this Dead of True. Any party may chilies lPf Qdrges for nmicdj unddd t4S'C&9d of Trust by givir)A (prnpl w,aw malictto the othe 7.Saecifying that lau thepurof the adtlda find ehii Qehty he pH'Aridol for notice purpose, Grwtorj;N a to kasp Linger Informal et a rmlp afeGranur'N cyreataddicial Uorreaiotharwlaa'provided or RqulrW by lex, If thiin a moreasph on Grantor, #[y opineg4i n by L&dar tc3ny Gfintor Ni deemed to ep Write fawn to ell Creature; aMIYTAWIENCE OF CASUALTY INSURANCE. If Gfentor A Sny tin(j)fAq to ob or majn�apl any, Inalu,soea��arrnaichad under to&GW of Tryst or any Rffited DOOLMI es tAWr May Ibut .ekell noY be ahifgatad to) obis i foph Inv n�AR kendpr N" — espmRriege, ja!udirt If Lgpdprpo chocar y"Afndt murex Inauanc4" which we coves only Lsouer')JruAet In tttt'Co 1, r`Y _ AFFIRMATIVECOVENANTS. It thPropelIty far purposes other thin Grwtar4 raHWa; cGrantor cog Mntatld warrontiftisk ny pa;lu W4r"Dead of Truk w Say Raletz Dccylnin(e r or In effect, Grantor will; Wades. of Cleft and LlUption. Promptly Inform Lender In wrfthg of mill m�etter(it g-dvrR!j010 nget�� Glamor', or t�.Proparry's,fine¢I� cont�lon,gd 131,411 eslaiiro and III threatened Ilt��, celmAa inW"P,pkfon5- eilmiritytivi prod'dedinQp, or:aimllla actlor� (aping Grantor or Pmpirty whlgh could myTfilellydrfIll tjtillnandief condition of Boom& or t14 Proomy.- SURVIVAL OF REPRESENTATIONS AND WARRANTIES. Grantor garlpyty:0p bad Namara that Ill aetmdinpp Loan Ad am."I tender is NOWin on li npwarricatioes, warrana 614 covenantPmydf by Glamor �ipp thisY Daed of Trust ar M ny gartifgjialf or o:hpr;Mertiecnt ddiwre 6y Gpmor to Larder, urTds this Oath of Trust or any MMkid fAcuml'A, Gr�ptor iuittiar that rggerdllINj of rano env f{Rgtion mpdq by Eendir, iP h reprpapstrii wirrpyn sad covoiototawllleurviverthani Aside orLopn Adveadie Abd mil tc f� of eny lifad DibdmdhtT jl he ContlnWPg In cUur` 11 be Bail Mala and fadasd by Gamue a the Ota each Loan tdvanca. :•made, andplieq remain In falfforcarwd gifa'c't untetetwh rim Gf4nt@_ a or eorrowerleyhldN4pgrAlFhpy, M- pled in (ull, a Will thLRDnd of Treat or any Rldead Oocumesteshaalile, trrfil d, wlfic r U tip �i to occur, iMISCE"NEOUS PROVISIONS. The Iolbwlw mWoaeYwow auvialatto are part of tWOWId of Trop; Amendmints. ,77hji Dajtl of Trg'p6 tl4jitha, with gny Mis,�use d Docq�rI cogatutr theamla undersel lip ail ml tl® part"1d am to the mlttNa at forth M I* Deed of Trutt. Ma CRs anon of ar(e n t to U4 Dud of Trull gh'NI !® a- tits ree"p yfvpn tri wrltirr�ey slam l by teal di ppinaA aatpht to bbl Hid or bound by tare goligjion cl'Amtirdnaynt. — c ndNadRgporyy_ If the Propafty 46:u� far purptsst other than GrAnarna eeldine, Greater hall furnish to lander, {eon redyNeq h ` 5TNlAmeht of apt apapl3h8fetcome roc aA Imam the Property during Gmntor'e<ptett nicer Vier'M AAdh form real mftt! IA LedtlYr alfiia rpulh. "NAT cpte!Ailga Incomr' YrT mann all cath racwpta,Gon!'O's Propertyyaa ail pal axpmwlluranmair In corixiii with the ope'.ean of this Propa�ty. CAptjpq lhadii all Qetion lamp In Su Dead of Truax are for ronv*iohf i purpo#pomyWft ale not to be a@0 to Inigrprik or d&ffha. INA PfOVWOr4 of INV Dead of Tart (Merger. Thl"Will bbl no me{9pr of t-lintWit arnaw lansaid by this Dead of Tnytwbb any otW intear or smta W the Property at PPV t(ma hold by or for t� N""fit of L RfJr Nay eedecity, wlthout m(e draw convent of laiger. GotmAile Lyw. ThloOsad of True will b!l�®.oramid by hill IoW glpeoahl( to {1r rid, to the extent at p pad by ydggl "yr, gy. � ly<aa of the State of Idaho wlNe♦1 rate tm IEa:cenecb,of Saw prgvienira. TfilFl -al of Trot y&l be etc pt l by ChndB in tl(el' Bpp at h�ha, Choas'm7 Valle, If thliX 4 dlglvfnit, Grantor ems upon *r&ri ragayu to tpnmlt to til jurbe lore of the COWM of ADA County, See of Idaho. No WIIVW by L dor. ° M L No lay not li darted he hart of aus aero rights under filo Died am dice ueeNhre h w r di If an I In wrltiy .anti .hfgneI. by L'AVW Leader deay or pro%%I n on the part of Leefal in not pe It eny Allo, Hae okra" ifld waRAr 6fYlen riIgght ise to d=k rld n. A wafva by wobi prolan o1Wy Desj of Trop Ilha}I not eidl at of umretl[u ri a welver, b lader's rlght y coloka to dpandhirci Lands Cd with teat QboOrco ear spy ctlnr ap, o fon o1 tN1:D�d al Trtivt. fta pier wgiyer by Lapeer, nm Ape oapn at a oaths *rNP as Landerone Cerement, ahtf cSe riscui wetwr off he, of rM rAst, tF4 or bof dany of ch confl It by lifiuhle jty Ia futM tBftlAnot co. lute r p the cleead mof Loader Itruwt under the, casDaidNou Truer, the bu nigCCgg d keL.ch nMai by C%nWr on dry IrYi _1A illi not cangtltute eontlnjgllp colp@,J510 tor, prttluant eeiear'. when idch aoaeent "r ragdhed rind in'aNcall 'such can»eat neer ba iArantid or wlthlFeltl M the{ pale d--fjcJ',lllon of I�yljgr. Savrahll If a cndA of compaflo t lijllacilmbn Anda any praviiYon of this Daed of Trus) I !quat"Olaitolor uaar.lcroasdave',to ray c a, then tirriny fail not mA[mtha:oawdMa pavlilan IAldel, Irvel6, cin [�rifaro9 '$p tdgpy at11V c�yln er It ggsglys,l t t PeovlAlpRxirll ba cone rad modWad err rhes h bacamL-67epal, valldYnd enlaroWoli,' 1f t�ivpfFj ng prov n r,�rytot ba�4u madllls , It }noel FYb conpltlrgd �gjgted from thigh Des�l of Tryt UaAeaa atbswlne ngrfrW hy'jlw, ifia AfdgMty, Invehdiry, or saaan9nrddabllity oP+any prov}Ion of t17� �tl of TryFgIa ll not affect tEtp;-y¢elity, yAdlry ortofarcpWllty oleny ot6a pravlCm o/ tis" V Orad of Truer. e • 6ucerspyq red Air(�a;'ufiat to enyfemlMllorraJt'tad In ihisb7atl of Tn•t on trey(ile of Oi�iur'ithttt� Daifd of Tr'yjFnhall hR a • hlndlrLp on y'nr inure to tha,bAnAryt of tM Parlor. their euccewo[0>nd asagna. If owtYgh+ of tis/ Property trueness J'aeYad 6 pefeon other th G ntor, Linder, wlthnut rotice to Gfeptoq may $ with GraSltar'ayu eylorA.whh areCenw to this Ord 'or, Truth and thf, Ireabt r arelby way df hiaiii Mlydy or estill without rake ng, Gfentor from the abllpAtioag of thlg Ogpd of Trust err Yablery ander rise lndpbkpdrl®r TbYs* of tht E seri cp Tenaisrol the wsFa:in the peformarr of this Dead of Trust. WYetir of HomaNeedlxempaw. Gfentor her2oY po0illie end wyveyti allot,ind ismer, of the nominated exemption laws of tae State o} Idehalr mapf(nilabtednetfp iidured by thio 9*d of Trust. DEFF�ANfl(TIONS. This idAawing cephalised Wood sed tams shell lava tart fdlRwlni meahinae tided when td t this Datta of Trust. Unleaa epacllcshy eifAtal to the calyfFf, all Mfa inclia to dolha amoustt afeil moan amounts ,.n le fOl-morey of ter UnitW States of AmIll Words ® red tem&uead in the Ainppyplar obeli Include the pigel, and the plural alall Inc:udq thaairyljpr�aethe context may SquJiM Ward",, Won. net mtAam+la dadeam In this Daed of Trddir�hdl have tfieat�2nidjleettrlbutall a Mach Yd7rr}e M aha Unlfoyn Comnprc6al CadM SjlgfidOry. Tisdia yord 'Sanefloba meane: WASHINGTON TRUST HANK, ®llnait4aeaorf�nd esH0nA1 Borrower. The word "Eorraw R` meals Gamrtetar PraNartlpq, L.L.C. and Includes all cosdarara,ett cp mektsslgning ffia•NcTxantl MI the, arceuars:cndre'(grR. .. DrTgd of Trupt. The words "Deed at Trust" mean thio Dad of TrWtemaonyy Gfitntor, Lauded, and Truake, A'nd Includes without Amus]' All 'e signtdifireM Ajurhy interval prooN iorts fplatpp to the Personal Parini end Rang.' Dalault. TO word "DOMLOt" maAgO mi' Li loath Net forth in thlapoq{I of Trust In ty,eactitr third "0e1p[t°, Boom of Defwlt. The words 'EAnt of DalmW nein any of t1K suentaof olfault 3el forth In this E;#d of Tfuet In Ike avaptA pf all,aaadon of thle Dead of Trial a G%litor. The word'Griptor' meant Gemstar Propart"A, L.L.C.. GMrahty. TIM word 'Gdeffiny' much ans'.jut iffy from guiMantor, snooper, apMri, or ecu marme iph pear to Lentil, Irieuding without Is aelEn nguril ly of all or part o1 Ing Note. im_proySmAptm The word "Impmvenentl" means all lx"tingtend tutus imptovirolua , hdbiffV, p'ructur®, mobile homgp effiditl on the Reel Property, faciola, seddltlool eplagamantrsad other construction an the hal Property. 1 Thiwgid •Ihdebtetlnga" m;" ,rel principal, rmtrAH, *no other amounts, eat, and excellent, payable undei fair Non or e at d mrumis, togjfhe with All reneTvRb or,, airRrsianl'of, modificeriorye of, aongogliafiane of And duhati[u[ionA for then Note or rt a osO pdr: C :ti=e DEED OF TRUST (Continued) p'ige s Pa!Aitl Dacumihit end Wry amounts iz' d or 11"nced oy Lend 'ai to dkchafge Grantor's obllgellons onyrpgngm,dncurnd bey TrWp or sender to inforda Gaentor'V obligatiode ,un@W;Rik Me of Trult, together whh Inmrdst on luch 'NncxY� ax•provlded In thijt Glad of Trugf. Slercllia lly, without limitation, Indabadnaeeincludae ell kmaunt■ than may obAhdinabtly itil d -by 14 Cn.A-Coletwahzejlen Wviq'lon of tib Caead of Tryst. Meer. TIAiword'Elndar" mApry WASHINGTON TRUST BANK, I rwlPr�sebm'jrt{gajign. Note The, word 'Nota' means the, promissory raft enai Decarnblr 15, 2006, In the Drigin6f principal li nount of 01,969,900.00 from Gent., to Lender, together with -all nrnvAle=ot, ee:terrOomi f, modIRWIand'Df, lshnoecingth of, cor■caldeedr■ of, Ihd Aub ftltutlonq for the pramlasory nota orejIgpaament. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. POM AI Property. T1t� words'N[fond( Property" mgjn i1*WprAim, ll= q};IoW other•Ardal of pa onal property now or haraah t, owned by Grentpr, And Mw or MGiitgr attached or eHis3Yf m tR1 Re'ai Property; t ether with s {FdN»lone Palhifand Oddidorfe to, rapleeWturne of„'wed Al stuhtlltu�faTar, :eery of such jacearty; Ord togathir wlih 511 proca�i linciudingl without lir(jtation fill insuren� pmayede'nd refund-; of pran,Wmal tram any uhsor other disposition a1 Aha Property. Plororty. Thg word "Property” r4irjfcajINtiyaly tt■ Real Progeny end tha,Pn"onai Property. IYaW Property. Theiwordi.•Rael ProrertyaidiSn the` reel peopdhy,.Inidreateknd rlg.tn& ilherther dercrlbed in ANA Dogtd of Trugt. Rvleted Documents. That wards sheeted DocrPrN.716" min all pgoriF0fory no■a, criUit r%nigin/ptil her eanfenaglr 3nvtronrMnnl ,"fpr®�{ III, pueiedah security. agrpamantel mortgages; dude of trust• murlty deeds; 0.1wat;her{ IT'e11 other In/tn rlarul; fA�lls1°a9't dcougo rnp, w*hgr now or hgterChlY a%ieNnpd erAcuFed alp corescticn with the, Isel kawflW, Rana. That word 'RahW mdhns al pf2ggiit *no futgjPr%tt$ levenurel Incomy, )66" royjjt@f profits, eryt other IpnQlu Oriydd from the Property. Tru_sty That word eTrupte8i ruga net Plor■sr Title Co. of Ada County, wleaaaddren Is 8151 W. Riflemen Averea. Bola, ID B370wdnd ghy:iPWelituteror 5�icc1lisor truArei� GRAKTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OPTRUST, AND GBANTOR'AGREES TO ITS TERVS. GRANTOR: v fiwTAR PROPER-nie, L.L.C. SCHMDT PROPERTIES LLC , iprA4Pr of (ktil r Prokerlisp L.L.C. SLf.Ca.Cn L. S t of ss Shmidt Proggrqa. F LIMITED LIABILITY COMPANY ACKNPWLEDOMLINT ,R STATE OF `idGf ld.Y. ,O rvr 1 ��p.� �) IBS COUNTY OF I (M R— I On 4� �1 q dqy of , in the wor 10 6(o_ _, talent ma lJyc'l��P SLa vLRi `mrl pu I, h d for thgq 6trjlli of Idits, r_ gaily aWaosd 9i!■ opngt, Useed , of Sfefedt PmpaitRd, L.L.C,known cr Mantiltted to mi for proved to mi on thg alth of 11 to ark of I&N.,y ebermor daryneted agents In the Ilmitsdisa ty compiny of irimeRr Propterthal L.L.C., ehd thl4Pimonr err deAlpdEtde - t or one of y r or _ rfl FW 5- °r rpte� L v.Ap,auteprler d limitep liadllty compeers name to th fomgoing Innrument,:a naknowlerl�ed age me r she I�.acutgAi tri wq 0 ty cc ny niggl fat 1 he [�— JY corwril"'pn oem E'NICE B. TFIORiVTON —e— INC! � .�iIOTARY PUBLIC1. — ■ , ■ STATE OF IDAHO REQUEST FOR FULL RECONVEYANCE ITo be and only when ot■gnlonelhepe been paid to full, Trlitab Tleaazxrftellglad Is ringI ownertnil holder of all IndithAdrse��� e'ctad by this Oeld of Tor$. All -Sums qdurad by thh Dad of Tryep yavp tun fully pail antlsaWGed. You'ar■haaby dsect■d, upon pim4nt to you of Any a-lerfu aw to you under t�9aenes of llili ilRf of Trudd err ggyayent tol my applicabllrygUfputa, to cancel ties Note aaava4 by the fated of 7tWt 11"01. Ilirei to you toyRAei wlth tae L7e■i of Trash, 'end to Ii 4, Mtheut WA.r4nty, to the perle,s dealgail by thss tpmglof tWA Dago of Trust, thayte■ now nald by you del thia+Dsad of Trull Pfea'NE real) hill recanva#nad7nd Related Documentitto: •:11 C t Bmllell By: 1(a: IF y... ea' �yy . H S EXHIBIT A A parcel of land being a portion of the SW '/4 of the NE'/, of Section 2, Towrt"ship 3 North, Range 1 West, Boise Meridian, City of Meridian, County of Ada, State of Idaho, being more particularly described as follows: BEGINNING at a found 5/8" iron pin monumenting the center of North 1/16° comer of said Section 2, the REAL POINT OF BEGINNING, from which theN'/ of said sections bears North 00115'35" East 1368.30 feet; Thence alongthe proposed exterior boundary thefollowing courses: South 89°17'36" East 709.76 feet; Thence South 00120'16" East 105.02 feet; "Thence South 89°17'39" East 55.66 feet; Thenbe South 03*20'08" East 50.15 feet; Thence South 00°42'24" West 66.71 feet; Thence South 60140'.50 Wast 81,15 feet; Thence South 39°15 15" East 110.00 feet; t` Thence South 50144'45" West 36.34 feet; Thence 17.46 feet along a curve to the right, having a central ang0of 49°59'42", a radius of 20.00 feet, and a long chord bearing of South 75144'36" West 16.90 flet; " Thence 163,32 feet along a curve to the left, having a central angle of 187°09'04", a radius of 50.00 feet, and a long chord and bearing of South 07009'55" West 99.81 feet; q Thance South 03°15' 15" East 122.91 ttet; Thence South 50°44'45" West 43.75 feet; Thenoallortb 39°17'14" West 71.81 feet; Thence South 50044'45" West 105.00 feet;. - Thence North 339°15'15" West 30.18 feet; Thence- 166:49 feet along a non -tangent curve to the left, having a central angle of 182°52'56", a radius of 52.16 feet, and a long chord and bearing of North 89129'17" West 104.29 feet; V. Thence 18.04 4Eet Elmg a curvo to thTrijht, having a central angle'of 3 ('40'30", a radius of X0700 6`ct, and a long chord of and bearing of South 24°54'30" West 17.43 feet; Thence South 50044'45" West 74.27 Ret (formerly 71.55 feet); Thence North 39015'15" West 110.00 feet; Thence South 50°44'45" West 28.21 feet; Thence South 13035'36" Wt-st 70.97 fact; Thence North 89050'17" West 155.00 feet;. t Thence South 00°15'25" West 12.33 feet; Thence North 89012'32" West 105.00 feet; Thence North 00°15'25" East 694.15 feet to the REAL POINT OF BEGINNING. a M �w !-1. AFFIDAVIT OF LEGAL INTEREST STAIE OF IDAHO ) COUNTY OF ADA ) I,srevE S i+l�� ��,� S. BrtOGEr.aG2 Pk [CI -C) l (name) L' (address) v Z�A (city) (state) being first duly sworn upon, oath, depose and say: 6 That I am the record owner ofd0the property described on the attached, and I grant my permission to: �e nS Ia�Os.36►�itawaYSk-I+o MevtdiyIiI)g36`�Z ( e) (adress) to submit the accompanying application(s) pettaining to that properl)&.r I 2a I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim otNiability resulting from any dispute as to the statements contained herein ot�as to the ownership of the property which is the subject of the applicatior§ 3 I hereby grant permission to City of Meridian staff to entet+the subject property for the ptupose of site inspections" fated to processing said application(s), Dated this �'p�h daZof` r10 -r ,20 0-f (signature) SUBSCRIBED AND SWORN to before me the day and year first above written �AIMCINT��,,artOD,� • ;9F�% (Notarublic foN Idaho) T10TAR I, c Residing aO.'& I PUBLIC My Commission Expires: •-- —•. -.` �:' ire a? n FPR -24-1C98 10'29 OFFICE OF S:07 M. LUDWIG ARTICLES OF ORGANIZATION - LIMITED LIABILITY COMPANY To the tllacretatry of state of kWm, 98 ApR 2q AMR 11: IS Stallohmisa, I&W. klatto 83720 SECRETARY OF STATE STATE OF IDAHO 1. The mama of the limited I4kbility coaap&W is: Sitar Proverb". L.L.C. 2 The addrett of the initial regisWed office is: 1134 North Orchard, 301ad, IdW%0 89706 (a9 •'b ono and the mere of Ow irutal ragatered rlri� at 41et•etlClraff jr.Stevan L. sealer SIvtlah" of mostattfd>g4 . 3. The laid* date cartain on which the limited liability ampany will dissolve: 12/31/20z7 4. 44 nuilir iwaartott of the `I) od 1101lity company vested in a mea vagar or mstapW Ye ® No '0hr •r tpimm" S ff mandgArnamt Is lasted in orae or more marager(s), list tM rrme(s) and addnse(es) of at Mast ong lrtitial manger. N rraanagerngqlt is vested in the marnkers, list the rlame(s) W10 04*61900) of at emit arta irtdtlal msrltbar. n f Hmm , *MW L. Schmidt 1134. -North Orchprd. D01Sq,, Idaho 63706 6. Signialiallwe of all I *w person listed in 05 M twirl tricorn li teat i�llk "A 1 s Lsme • 1M.ss 6*0 LLC 1N 1115 ;:->. 4 - X n,r-C P.a_ a PREL NARYIEINAL, 6/10/2007 ADA COUNTY ,gLAf& SUBDIVISION NAMN: _ SUNDIAL SUB AGENCY and AGENCY FILE MP: Meridian: PP 06-060 SECTION/ bV . _ RANGe 2 3N 1W I VELOPEft: STANLEY CONSULTANTS The street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (Under the direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street game Ordinance. Overall final street names are subject to change at Final Plat phase levels due to design changes, time restraints and/or previous recorded plat street alignments. THE FOLL , G EXISTING STREET NAIL, S SHALL APPEAR ON THE P T: AN. CINNAIfiION PL � AN. LINDER RD9F`/ mW. USTICK RD�/ �W.WHITELAW / =W. FIELDSTREAM•DF4/ N.MARBURGAVE / THE FOLLCWNG PROPOSED STREET MWES ARE APPI�VED: W. FIELDSTREAM DRE-' ffiN. KUBIK `NAO / N. MARBURG AVS/ TI FOLLOWNG PROPOSED STREET NAMES ARE DENIED: 1 F LO G CH/*GES OR CORRP-CTOM ED 3O gel W: NOTE: IF THERE ORRECTIO S AND CHANGES RECOM (ENDED, PLEASE MAKE THESE CHANGES ON THE SUBDIVISION PLAT AND RESUBMIT TO THE COMMITTEE. A FINAL REVIEW WITH NO CHANGES REQUIRED AND THE MATCHING PLAT MUST BE PRESENTED TO THE ADA COUNTY ENGINEER AT TIME OF RECORDING. ADA COUNTY ENGINEER MERIDIAN FIRE DEPARTMENT ADA COUNTY HIGHWAY DIS. ADA COUNTY SHERIFF Strait Approvpl Sent: -/tf_ 0 7 ,,,, 1 DATE: 5131; 2007 PROJECT: Sundial Subdivision Subject: Site Amenities Detail , A picnic area will be constructed with a 12'x12' concrete pad including a barbecue area with post mount grill and a ITx12' covered shade structure with open walls as illustrated. r. A multi -use sand lot area. sized for sand lot volleyball including permanent pales and removable net that can also be used for dual horse shoe pits. r A N 9. r 7`` �� i �f� :s'•� � Nz�d;�,;, y qa _� �+�. 9. CIS 4 ii f' ccs ----- I � lij K;Ln % s �. 1 u� y 00 o to CN - co / "y, --------- 05 - 05 lr; ii I II �i i a: VY 0. 1y3 �U l IIIW.RTS _ I � c �� 1 I I , r Ln �� �i ' � I IX7 ✓ Y f �� • % 1 �I'i !iE -'� 1 11 1 I • _ ST• �� Ll VA O �' Ifi ._ ��'Pi '..i ..�'••� V"i + �• u 1 1l V CJ in W P\ \ 0 U- :�, CA Lo Co Co r1.0 G I \� J Y dI FI I W (n CO N C,4v) N S i ON NOisiniaens �� •'` '� a.. 0Gti' lti 3NO 1 SCI -1-13 _ 1 a 1. K PROJECT NO. 19708.01.00 m UQ Y 'J } � v :DRAINAGE CALCULATIONS FOR . VRSI City, of MeridiahAda County, Idaho 31 -May -2007 i s v m 0! 1 w a c . � w Stanley Consultants, INC � L1940 S. Bonito Way, #140 Meridian, Idaho 83642 208-288-0573 Q:119708104-Erp103-Calc\DrrCa.los-19708-(Rev 05 31_07).xls � sw: Sxv k5 It SUNDIAL SUBDIVISION PROJECT NO. 19708 01.00 DRAINAGE SYSTEM OVERVIEW The Sundial Subdivision is located in the City of Meridian west of Linder and south of Ustick Road and sandwiched in between existing subdivisions, Tumblecreek and TurtleCreek.The subdivision consists of 30 single-family residential lots, 3 common lots and 1 large lot that currently is leased for a cell phone tower located on approximately 10.57 acres. S M Ali G �{ r E� .. J ll ■ S EXISTING CONDITIONS .11 She project site presently consists of an empty field with zero existing buildings. An existing gravity irrigation ditch and gravity irrigation pipeline(s) exist on the property. This will be removed and/or relocated as shown in the engineering drawings. No other surface water exists on the property. 1° � ' PROPOSED CONDITIONS`, ' m • " I ' ' _ •• The onsite drainage will be conveyed via both surface and subsurface systems. The surface flow will be cogained wjtbir,64he private street sections to, designed low point s the nod where a series of inlets will convey the flow to 4 seepage beds. For several lots, the backyards will slope away from the road. In these instances, an area drain is indicated on the plans to handle any runoff water. The seepage beds have been sized to handle all nuisance/water quality flows and for storing the design event. The 25 -year and 100 -year events have been analyzed for this development to determine sizing of the various drainage structures. The rational formula (Q=CIA) was used to estimate the peak runoff rates. From Exhibit "A" of the Ada County Highway District policy manual, the recommended runoff coefficient, C, for a multi family residential area is 0.50. The drainage area for each detention pond is shown on the attached Drainage Plan drawing. The average rainfall intensity is estimated from the "Rainfall Intensity - Duration -Frequency Relationship" figure for a 25 year and 100 year runoff event. The time of concentration is determined by adding the longest overland grass flow time and gutter flow time. Calculations and spreadsheets have been included with this report for all drainage improvements. a' SOIL CONDITIONS Based1upon the preliminary soils and subsurface investigation for Sundial there shouldibe no problems with the existing soils for drainage as designed. However, in the event that during construction we encounter either groundwater or rock, a revised design will be done based upon field conditions. Q:\19708104-Eng\03-Calc\DrnCalcs-19708-(Rev 05_31_07).xls Page 1 of 1 I c- SUNDIAL SUBDIVISION 1056 -: 1458 2694 PROJECT NO. 19708.01.00 $ 5 11 See Drainage NIBp for Areae 5.5 W = Area A&R C, E and F LA, h4 N Time of Concentration 91 65,0 79.5 4 194.8 Form TR -55: Overland Gress Flow .. 40 40 40 Yannigg's Coef. n= 0.24 0.24 0.24 0.24 Length of Flow L = 8 100 100 100 100 Average Slope s= in/in 0.01 0.01 0.01 D.01 2 yr -24 hr Rainfall Pz= in 1.2a 1.2 1,2 1.2 Travel Time - T,= min 31.00 31.00 31.00 31.00 From TR -55: Gutter Flow .. Average Slope s = fulf 0.005 0.006 0.009 0.009 Length of Flow L= 11 335 430 290 360 Ave-a,W Velocity V= 11 1.44 1.57 c n 1.93 1.93 Travel Time= min 3.9 4.6 2.5 3.1 Total Time of Cone. To K min 34.9 35.6 33.5 34.1 QC Iculstia Rionel Methotl v 1s Tralrt rainag®Area A= acres 0.82 1.88 1.10 2.06 RunotlCipffecienl Cvall 0.50 0.50 0.50 D.50 100 -yr ntensity Irooe In/hr� 1.51 1,49 1.55 1.53 25 -yr Intensity 1025= Wlrh* 1,12 1,11 1.15 F 1.14 Peak Flow 1100 ear) Q�pp= It /see 0?62 1,40 0,85 9.58 Peak Flow (25 )iear) 01= k1sec:: 0.46 1.D4 0.63 1,17 EWJ 4pdGrsesw TgQ Calculations V:�ra� `000 gal 10000. QAI 1000 jI -rte, u of !G Trail ' Y ��ti000ga1 _�, - 1 1 1 - Dimensions in 12xi8 12x46 12x48 rc 12x48 Throat Area A, = 11` 4 4 4 4 Velocity through WG Trap= a V(s/p)= iNsec 0.11 0,26 0.16 0.29 • yg-,�cuatlon4 _ KV ■ ern" ..- G Rund!FVolurrtp Vol= ft' 1111 2521 1535 2837 Under ACHD7 Yes or No Yes Yes Yes Yes Add 15% if under ACHD Ra 167 378 230 4211 Rsquirpd Volume Vol= It' 1278 2899 1765 3262 Less PreDevelopment RuncY (C=0.1) 222 504 307 567 Total Volume Required mr Trench Volume Oeicuatlona Trench Dimensions DBpth (inclds 1fieyboard) Width Length Dram Rock Vold Ratio Percolation Rate Trench Volun4 StoreaaAaritioo Time Needed for 110% IOftltration Pond Volume. Is a Is RequifEd7 Volume Requlrrl (P3) Top Ar@8w IT Scttom Asa = T Freeeuard = R Actual Depth = It Inylde Side Slope T X:1 Pond StorageVoluni M[3 Pond Storage Volum6•ryreeboardm i Ra Percolijion Rate '� Whir Tune Needed for 90% IrMltration hr x. )Yi ■ r -'kw- A I 1056 294 1458 2694 D= $ 5 11 5 5.5 5.5 W = 'R 7 20 7 7 L= 91 65,0 79.5 104.5 194.8 Vr x % 40 40 40 40 Pr i irdhr 8 6 a 8 Tvol= ft? 1278 2699 1765 3262 e hr 1.04 1.43 1.1 1.D9 Top Ar@8w IT Scttom Asa = T Freeeuard = R Actual Depth = It Inylde Side Slope T X:1 Pond StorageVoluni M[3 Pond Storage Volum6•ryreeboardm i Ra Percolijion Rate '� Whir Tune Needed for 90% IrMltration hr x. )Yi ■ r -'kw- A I r. Y Y. .. 1 x '�., c�rxua awe . ���\ ----. / 1 ■:.c waccu cls WWk OLflO L '-\ wa 5N•I SAM L \ IT"V til o tl� S11My�[i i J . ; d Imo=' ��� ■• poi wyaa ME a .*O MLOO, -rx 4 J BLOCK 1 ^e 31 ' we I I I 2 c H m i II, I Y I II 4`'.. I a 2 PG � � 5,J � >.a I p II�IIIiPRoJECT ■ WR I SITE■ W a s 1 . 1 'i _ V A { n ase N, LU ui -- 1 \,\ CC -------- e F - AP y M6 _-. ■ Scan — I1.0 .� lip o SCALE IN INCHES a = b0' 4 75 p�tiR YJ N iLmp. 45 uP aha yoSF Y I II 4`'.. I a 2 PG � � 5,J � >.a I p II�IIIiPRoJECT ■ WR I SITE■ W a s 1 . 1 'i _ V A { n ase N, LU ui -- 1 \,\ CC -------- e F - AP y M6 _-. ■ Scan — I1.0 .� TO: ' City of Meridian FROM: John P. Bilderback, P.E. Stanley Consultants, 1940 S. Bonito Way, Suite 140 Meridian, ID 83642 ' (208)288-0573 SUBJECT: Certification final street grades will be a minimum of 3 feet above high groundwater ■ ■ r � . . a m o a ° ` DATE: May 31, 2007 -t Based upon the attached Geotechnical Engineering Report dated September 18, 2006, 1, John P. Bilderback, P.E., hereby certify the final street grades within the Sundial Subdivig'o Estates will be a minimum of 3 feet above high groundwatek r)i v SCS022 0 0 3 MATERIALS TESTING & , INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections 4 Y' i FL IN — GEOTECHNICAL ENGINEERING REPORT of A ErnE5t PropErty -' --- -- .-- • .—.:a= �� : ��c s ate, . ■Wk1d5trEam, Driw ,& Marburg AvEnuE= . . wa Meridian, Idaho : cze '.Prepared for: = y, — Gemstar Properties, LLC - 738 South Bridgr=way Place Eagle, Idaho 83616 x w 14 MTI FHE Number B61371g - ■1 y w w!■'■ C . -, -� q, 5 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mtiOmti-id.com • www.mti-id.com MATERIALS September 18, 2006 TESTING & Page# I of 25 INSPECTION Y 0:I M1 Vq - � 1 Environmental Services ❑ Geotechnical En�gineerin� ❑Construction Materials Testing ❑Special Inspections ■ I r.\boise\2006 reports\1200-1399\6613718\b61371geotech.doc Mr. Mike McHargue - Gemstar Properties, LLC 738 South Bridgeway Place. _ Eagle, Idaho 83616 (208)861-8662 Re: Geotechnical Engineering Report Ernest Property Fieldstream Drive & Marburg Avenue Meridian, Idaho Gentlemen: Incompliance witlf your instructions, we have conducted a soils exploration and foundation evaluation -for - the above mentioned development. Field work for this investigation was conducted onl September 2006. Data have been analyzed to evaluate pertinent geotechnical conditions. Provided geotechnical, groundwater and construction recommendations are listed in the Table of Contents. Results of this investigation, together with our recommendations, are to be found in the following report. Often, because of design and, construction details that occur on a projectmquestions-arise concerning soil conditions. We would be pleased to continue our role as geotechnical engineers during project implementation. MTI also has great interest in providing materials testing and special inspection services during construction of this project. If you will advise us of the appropriate time to discuss these engineering services, we will be pleased to meet with you at your convenience. We . ppreciate this opportunity to be of service to you and we look forward to working with you in the future. If you have questions please call us at (208) 376-4748. Q�OpESS1pN Respectfully Submitted, a`� Y t; c� Materials Testing & Inspection, inc. N L ; SCHROEDER 1 _ 1 T//Ib/QG in `9G4 y A? '4Li1Z Brown 4 v _ oe er, sTtOF1DP�� Geotechnical Engineering Technician Gtote is S s Manager 's rEq�C/y� dra P.E. Ge ra T$anag o .OTF Pa OF SD e� ,M Copyright 6 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 t E -Mail mtlQmtHd.com • www.mti-id.com MATERIALS ' ■ it _ TESTING Fr INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing • September 18, 2006 Page # 2 of 25 ❑ Special Inspections rAbois!\2006 reports\1200-1399\b61371g\b61371geotech.doc StMturalFill........................................................................................................13 .. TABLE OF CONTENTS Excavations...........................................................................................................14 INTRODUCTION...........:.........................................................................................................3 GroundwaterControl..........................................................................................15 ProjectDescription.................................................................................a............3 GENERALCOKINM.NTS.......................................................................................................... t = i Authorization........................................................................................................3 APPENDIXLIST..................................................................................................................... Purpose..................................................................................................................3 GeotechnicalGeneral Notes.................................................................................18 ° Scope......................................................................................................................3 Unified Soil Classification....................................................................................19 - Warranty And Limiting Conditions...................................................................4 .........................................................................................................20 General..................................................................................................................4 DESCRIPTION OF SITE.........................................................................................................5 .:as. SiteAccess.............................................................................................................5 Getleral'Mbiaff"AI%a °................... � r � -` • - 5 r ' Site Topography, Drainage And Vegetation......................................................5 Site Climatology And Geochemistry...................................................................6 - Geoseismic Setting................................................................................................6 ._ . ■ SOILSEXPLORATION............................................................................................................6 Exploration and Sampling Procedures...............................................................6 •9 LaboratoryTesting Program..............................................................................7 SoilAnd Sediment Profile...................................................................................7 SoilsSurvey Review..............................................................................................7 Volatile Organic Scan ................. ..........................................................................8 . YD Y................................................................................................................8 GSITE eneral Notes........................................................................................................8 General Groundwater.........................................................................................................8 SoilInfiltration Rates...........................................................................................8 FOUNDATION AND PAVEMENT DISCUSSION AND RECOMMENDATIONS .............................9 GeneralNotes........................................................................................................9 Foundation Design Recommendations...............................................................9 CrawlSpace Recommendations..........................................................................9 a RecommendedPavement Sections......................................................................10 s CONSTRUCTION CONSIDERATIONS...................................................................................... 11 Earthwork.............................................................................................................11 DryWeather.........................................................................................................12 WetWeather.........................................................................................................12 W u Copyright 0 2006 Mat9tials Testing & InspCction, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail roti®mti-id.com • www,mti-id.com SoftSubgrade Soils..........................................................................................13 FrozenSubgrade Soils..........................................................................................13 StMturalFill........................................................................................................13 Backfill...................................................................................................................14 Excavations...........................................................................................................14 GroundwaterControl..........................................................................................15 GENERALCOKINM.NTS.......................................................................................................... 15 i REFERENCES........................................................................................................................16 APPENDIXLIST..................................................................................................................... 17 GeotechnicalGeneral Notes.................................................................................18 Unified Soil Classification....................................................................................19 TestPit Logs! .........................................................................................................20 d W u Copyright 0 2006 Mat9tials Testing & InspCction, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail roti®mti-id.com • www,mti-id.com MATERIALS September 18, 2006 Page k 3 of 25 TESTING & INSPECTION „.cl Environmental Services ❑ Geotechnical En�ineerin$ ❑ Construction�Alaterials Testing ❑Special Inspections r\boise\2006 reports\1200-1.399\b61374\b61371geotech.doe INTRODUCTION n This report presents results of a geotechnical investigation and analysis in support of data utilized in design of s-ructures as defined in -Ne 2003 International Building Code (IBC). InTormation in support of groundwater and stormwater issues pertinent to the practice of Civil Engineering is included. Observations and recommendations relevant to the earthwork phase of the project are also presented. n Project Description: The propose&development is located in the northwestern portion of the City of Meridian, Ada County,— Idaho, and occupies a portion of the NE'/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian. .m The project will consist of development of an undetermined number of residential lots on an approximate 10.6 -acre site. Roadways are- anticipated to be included as part of the development. Proposed grading -is - presently undetermined. Authorization: 6 Authorization to perform this exploration and analysis was given in the form of verbal authorization to proceed from Mr. Scott Norijuki to Liz Brown of Materials Testing and Inspection, Inc. (MTI), on 28 August 2006. Said authorization is subject to terms, conditions, and limitations described in the Professional Services Contract entered into between Gemstar Properties, LLC and MTI. Our scope of services for the proposed development has been provided in our proposal dated 28 August 2006, and again below. Purpose: The purpose of this Geotechnical Engineering Report is to determine various soil profile components and their engineering characteristics for use by design engineers and/or architects in: - Preparing or verifying suitability of foundation design and placement, - Preparing site drainage designs, and, - Indicating issues pertaining to earthwork construction. - Scope: M. The scope of this investigation included review of geologic literature and existing available geotechnical stddies of the area, review of available environmental reports, visual site reconnaissance,of the immediate site, subsurface exploration, field and laboratory testing, and an engineering analysis and evaluation of foundation materials. The scope of work did not include design recommendations specific to individual residences. Copyright (P 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (206) 376-4748 • Fax (208) 322-6515 E -Mail mtidAmti-id.com • wvw.mti-id.com MATERIALS September 18, 2006 1 Page # 4 of 25 TESTING & INSPECTION u. i Environmental Services CJ Geotechnical Engineering LI Construction Materials Testing ❑Special Inspections ' r.\boise\2006 feports\1200-1399\b61371a\b61371geotech.doc Warranty And Limiting Conditions: .� Field observations and research reported herein are considered sufficient in detail and scope to form a reasonable basis for the purposes cited above. MTI warrEts that findings and conclusions contained herein " have been promulgated in accordance with generally accepted professional engineering practice in the fields -- of foundation engineering, soil mechanics and engineering geology, only for the site and project described in this report. :R These engineering methods have been developed to provide the client with information regarding apparent • or potential engineering conditions relating to the subject property within the scope cited above and are ■ necessarily limited to conditions observed at the time oPthe site visit and research. The report is also limited to information available at the time it was prepared. In the event additional information is provided to MTI following the report, it will be -forwarded to the client—in the form received for evaluation by the clients - There is a distinct possibility that conditions may exist which could not be identified within the scope of the investigation or which were not apparent during the site investigation. This report was prepared for the exclusive use of Gemstar Properties, LLC and their retained design consultants ("Client'). Conclusions and recommendations presented in this report are based upon agreed-upon scope of work outlined in the report and Contract for Professional Services between Client and Materials Testing and- Inspection, Inc. ("Consultant'). Use or misuse of this report, or reliance upon findings hereof by parties other than,,the Client, is at their own risk. Neither Client nor Consultant make representation of warranty to such other parties as to accuracy or completeness of this report or suitability of its use by such other parties for purposes whatever, known or unknown to Client or Consultant. Neither Client nor Consultant shall hav6 liability to, or indemnifies or holds harmless third parties for losses incurred by actual or purported use or misuse of this report. No other warranties are implied or expressed. [Ei General: Revisions in plans and or drawings for the proposed development from those enumerated in this report should be brought to the attention of the soils engineer to determine if changes in foundation recommendations are required. Deviations from noted subsurface conditions if encountered during construction, should also be brought to the attention of the soils engineer. :1 W r R M s Copyright © 2006 Mattrials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 '' E -Mail mtiromti-id.com • www.mti-id.com -10 MATGRIALS September 18, 2006 TESTING & Pago# 5of25 INSPECTION oM 1 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections rAboise\2006 reports\1200-1399\b61371g\b61371gsotech.doc DESCRIPTION OF SITE Site Access: Accbss to the site may be gained via Interstate 84 to the Meridian Road exit. Proceed north on Meridian Road approximately 1.5 miles to its intersection with Faitbiew Avenue. Froth this intersection, proceed west on Fairview Avenue for 3 miles to Linder Road. Proceed north on Linder Road for approximately 0.75 mile to its intersection with Turtle Creek Drive. From this intersection, proceed west on Turtle Creek Drive for approximately 0.3 miles to White Law Drive. Follow White Law Drive for approximately 0.2 mile at which poiRrM —ad7uu tis a 9b'degree an le .�Tkie site is locate�fof this 'corner.'Piesenft the sire exists as undeveloped land with a cell tower in the middle of the parcel. The location is depicted in site map plates included in the Appendix. General Geology Of Area: h The subject site is located within the Boise Valley which is directly underlain by a thick sequence of alluvial sands and gravels typically deposited on basalt formations. These sediments are loosely named the Boise 6 River Gravels and were deposited as river floodplain and stream overwash from the Boise River. These x -FhVbl deposit's tend to L ave imbricated "well-rounded clasts, poor sorting and crude stratification of beds of y gravel and lenses of cross -bedded sand suggesting deposition in braided channels. The Boise River Gravels consist of unconsolidated clay, silt, sand, gravel, and cobbles. These gravels have been subdivided into smaller units based on their age and are exposed as distinct alluvial terraces. Five of these terraces are well exposed in the Boise area and range in age from Middle Pleistocene to Holocene (Recent) (0 - 0.9 million 1 years ago). The site lies on the Whitney Terrace, the second terrace above the currently defined floodplain (Othberg and Stanford, 1992). M. d Site Topography, Drainage And Vegetation: The proposed development consists of approximately 10.586 acres of relatively flat land, with a cell tower located in the center portion of the property. The surface exhibits fine grained soils throughout the majority of the site. The parcel is surrounded by existing residential development. Regional drainage is north toward the Boise River. Stormwater drainage for the site is achieved by percolation through surftcial soils. No • stormwater drainage facilities are located in the vicinity of the site and the area does not receive significant off-site drainage. Vegetation throughout the area consists primarily of native grasses. 4 U Copyright ® 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • www.mti-id.com MATERIALS September 18, 2006 TESTING & Page# 60£25 INSPECTION �JI Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r.\boiss\2006 reports\1200-1399\b61371g\b61371geotech.doc Site Climatology And Geochemistry: Average precipitation for the region is on the order of 10 to 12 inches per year. Annual average temperature _ range from 20° F td 91° F with extremes ranging from -4'F to 102° F. Average wind speed range to 11 miles per hour in spring with a prevailing direction from the southeast. Soil in thearea is primarily derived from siliceous materials and exhibits low electro -chemical potential for corrosion of metals or concretes. Local n aggregates are generally appropriate for Portland Cement and Lime Cement mixtures. The State Transportation Department has adopted anionic asphalt cements., -The pH of surface water, groundwater, and soil in the region typically range from 7 to 9. No indication of abnormal geochemical conditions was noted on-site. Nominal frost penetration is typically on the order'of 64nches, with'extremes ranging to 3 feet. " Geoseismic Setting: Soils on-site are classed as Site Class D in accordance with Chapter 16 of the 2003 edition of the IBC. Building structures on this project should be designed as per the IBC requirement for such a seismic classification. Our investigation did not reveal potential hazards resulting from earthquake motions: slope instability, liquefaction, and surface rupture because of faulting or lateral spreading. Incidence and anticipated acceleration of seismic activity in the area is ]ow. R SOILS EXPLORATION Exploration And Sampling Procedures: The field exploration to determine engineering characteristics of subsurface materials included a s reconnaissance of the project site and investigation by test pit. Test pit sites were located in the field by means of normal taping procedures from on-site features or known locations and are presumed to be accurate to within a few feet. Upon completion of investigation each test pit was backfilled in with loose excavated materialg. These loose areas need to be re -excavated and compacted prior to constructing structures over them. Samples were obtained from representative soil strata encountered in test pits. Samples obtlAined have been visually classified in the field by an engineering, technician, identified according to test pit number and depth, placed in sealed containers and transported to our laboratory for additional testing. These materials have been further described in detail on logs provided in the Appendix. Results of field and laboratory tests are also presented on these logs. It is recommended that these logs not be used for estimating quantities because of highly interpretive results. Copyright (5 2006 Materials Testing & Inspection, Inc. • 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mailmti@mti-id.com • www .mti-id.nom MATERIALS < TESTING & September 18, 2006 Page # 7 of 25 INSPECTION .Environmental Services O Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r.\boise\2006 reports\1200-1399\b61371g\b61371&,eotmh.doe Laboratory Testing Program: y Along with the field investigation, a. supplemental laboratory_ testing program was conducted to determine additional pertinent engineering characteristics of subsurfac2c inaterials necessary in'anlalyzing the behavior of the proposed structures. Laboratory tests were cnducted according to current applicable American Society for Testing and Materials (ASTM) specifications, and results of these tests are to t5e found on,the accompanying logs located in the Appendix. The laboratory testing program for this report included Atterberg Limits Tests - ASTM designation D 4318, Grain Size Analysis - ASTM designation C 117, C 136, _= and Resistance R -Value and Expansion Pressure of Compacted Soils — ASTM designation D 2844. n Soil And Sediment Profile: A- total of -four test pits were advanced to depths of 10-2s to 11.6 feet across the site. Groundwater was - encountered at depths of 9.8 to 11.0 feet. The developed soil profile represents only a generalized case, and a variations between test pits should be anticipated: f, i! Lean Clay (CL) — Brown, dry, hard, lean clay soils were observed at ground surface across the site. r Organic material was present to depths of 1.0 and 1.5 feet. Lean clay soils were noted to depths of 1.5 to 2.7 t ' feawithin the test pits r : 0 = Cemented Silt (ML) — Underlying surficial clay, light brown, dry, weakly cemented, silt is present. Cementation was noted in all test pits. This soil extended to depths of 4.4 to 6.8 feet. �. Silty Sand (SM) - Brown, dry to slightly moist, medium dense to dense, indurated silty sand (SM) was observed underlying cemented silt in all test pits. Silty sand soils were noted to depths of 9�2 to 10.1 feet. a Poorly Graded Sandy Gravel (GP) - Brown, slightly moist to saturated, poorly graded gravel sediments were observed at depth in all test pits. Fine to coarse grained sand and cobbles of up to 6 inches in diameter were present within this soil type. Poorly graded gravel sediments extended through the termination depths of all test pits. s „ ., Walls of each test pit were stable with the exception of those through native granular soils. $xcavations through granular soils will have a propensity for sloughing or caving, especially after penetrating the water - table. Soils Survey Review: A review of the United States Department of Agriculture, Soil Conservation Service, Soil Survey of Ada County Area, Idaho, 1980, indicated the site can be characterized Purdam silt loam. This soil is well- „ drained, moderately slow permeability above hardpan and digging and trenching in this soil may be hampered by hardpan. The low strength, frost action potential, and high shrink -swell potential limit the construction of roads and streets, however, suitable sub -grade material can offset these limitations. Copyright (; 2006 Materials Iksting & Inspection, Inc. 2791 South Victory View Way - Boise, ID 83709 - (208) 376-4748 - Fax (208) 322-6515 E -Mail mt!@mti-id.com - www.mti-id.com MATERIALS September 18, 2006 9 Page # 8 of 25 TESTINtG Fr_ INSPECTION i Environmental Services technical Engineering O Construction Materials Testin ❑Special Inspections r.\boise\2006 reports\1200-1399\b61371g\b61371geotech.doe {{((� Volatile Organic Scan: 4lili w L' 1 No environmental concerns were identified prior to commencement of the investigation. Therefore, soils _ obtained :during on-site activities were not assessed for volatile organic compounds by portable 1 photoionization detector. Samples obtained during our exploration activities exhibited no odors or discoloration typically associated with this type contamination. 11 SITE:UYDROLOGY �Y r • • i 1 General Notes: ` Existing surface drainage conditions are defined in the Description of Site. Information provided in this section is limi ed to observations -iiia -de the time of the iiidestigation. Regional Ed/of local ordinancZs may require information beyond the scope of this report. Groundwater: L Groundwater was encountered at depths of 9.8 to 11.0 feet during the field investigation. Groundwater level m tthe site vicini are contioll�d in' lafige'] aF My -7877 f htfal irriTati�nMity and'canal IMMEe in tlfe` local area, and are likely at their maximum elevatioiAs during the irrigation season. Estimation of seasonal groundwater fluctuation is problematic without regular monitoring. Based on the evidence of this investigation, and background knowledge of the area, it is unlikely that groundwater will be encountered =p' during construction and is anticipated to remain at depths of greater than 8 feet below the ground surface throughout the year. This depth is an estimate, and can be confirmed following periodic monitoring. Soil Infiltration Rates: r l Soil permeability is a measlire of the ability of a liquid to move through a soil and was not tested in the field. However, pipes for possible percolation testing were installed in test pits 1 and 3. In this report this parameter is approximated by soil type and gradation. Of soils comprising the generalized soil profile for this study, lean clay and silt soils' generally offer little penl%ability, with typical infiltration rates less than 2 inches per hour, though calcium carbonate cementation encountered within cemented silt soils may reduce this value to near zero. Silty sand soils typically exhibit infiltration rates of 2 to 6 inches per hour, however, induration encountered within silt sand soils may reduce this value to near zero. Poorly graded sandy gravel soils typically exhibit infiltration values in excess of 24 inches per hour, and percolation testing is typically not required within these soils as a result of the free -draining nature of the gravel sediment. -All, infiltration facilities constructed on-site should be extended into native sandy gravel sediments. Excavation depths of approximately 9.2 to 10.1 feet should be anticipated to expose sandy gravel soils. In addition, because of the high permeability, ASTM C 33 filter sand, or equivalent, should be incorporated into design of infiltration facilities. MTI recommends that DEQ groundwater separation requirements be utilizeck An infiltration rate of 8 inches�per hour should be use4for design- - 1 — W - r� Copyrijbt ® 2006 Materials Testinij & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mailmtifpmti-id.com • www.mti-id.com September 18, 2006 v MATERIALS Page# 9of25 TESTING & INSPECTION i Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testinu ❑ Special Inspections 3 r:\boise\2006 reports\1200-1399\b61371g\b61371geot■ch.doc FOUNDATION AND PAVEMENT DISCUSSION AND RECOMMENDATIONS General Notes: Presently, approximately an undetermined number of residential lots are proposed for the project site. Corfsidering typical residential construction, and subsurface cotfditions, it is recommendCd that the structures be founded upon conventional spread footings and continuous wall footings. The following recommendations are not specific to the individual structures, but rather should be viewed as guidelines for the subdivision wide development. Foundation Design Recommendations: 'I On the basis of data obtained frorlitha sire and test results VmMrious laboratory tests performed, MTI y recommends following guidelines be used for the net allowable soils bearing capacity. RF 'Verification of bearing soils for each residence by a qualified geotechnical engineer, engineering, n technician, or buildine official at the time of construction is recommended. Footings should be proportioned to meet the stated bearing capacity and/or the IBC 2003 minimum requirements. Total settlement should be limited to about 1 inch with differential settlement of approximately 1/2 inch. Objectionable soil types encountered at the bottom ofrfboting excavations shopld be removed and replaced with structural fill. Excessively loose or soft areas that are encountered at footing subgrade will require over -excavation and backfilling with structural fill. To minimize effects of slight differential movement that may occur because of variations in character of supporting soils, and in seasonal moisture content, MTI recommends continuous footings be suitably reinforced to make them as rigid as possible. For frost protection, the bottom of external footings should be 24 inches below finished grade. Crawl Space Recommendations: X Considering the presence of cemented soils across the site, all residences constructed with crawl spaces r should be designed in a manner that will inhibit water in the crawl spaces. Therefore, proper grading should be considered to be critical. MTI recommends that roof drains carry storm water at least 5 feet away from ■ each residence, and grades should be greater than 5% for a distance of 10 feet away from all residences. In addition, rain gutters should be placed around all sides of residences, and backfill around stem walls should be placed and compacted in a controlled manner. Copyiight © 2006 Materials Testing & Inspection, Inc. l 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • w"rnti-i4mm ASTM D 1557 Net Allowable Soils Footing De th Sub rade Compaction Bearing Capacity Footings should bear on competent, native, cemented=silf present at depths=;of=1R5 to 6k0; feet ± Not required for native 1,500 lbs/ftz across the site. All surficial clay soils and organic soil material must be removed from below footings. I 'Verification of bearing soils for each residence by a qualified geotechnical engineer, engineering, n technician, or buildine official at the time of construction is recommended. Footings should be proportioned to meet the stated bearing capacity and/or the IBC 2003 minimum requirements. Total settlement should be limited to about 1 inch with differential settlement of approximately 1/2 inch. Objectionable soil types encountered at the bottom ofrfboting excavations shopld be removed and replaced with structural fill. Excessively loose or soft areas that are encountered at footing subgrade will require over -excavation and backfilling with structural fill. To minimize effects of slight differential movement that may occur because of variations in character of supporting soils, and in seasonal moisture content, MTI recommends continuous footings be suitably reinforced to make them as rigid as possible. For frost protection, the bottom of external footings should be 24 inches below finished grade. Crawl Space Recommendations: X Considering the presence of cemented soils across the site, all residences constructed with crawl spaces r should be designed in a manner that will inhibit water in the crawl spaces. Therefore, proper grading should be considered to be critical. MTI recommends that roof drains carry storm water at least 5 feet away from ■ each residence, and grades should be greater than 5% for a distance of 10 feet away from all residences. In addition, rain gutters should be placed around all sides of residences, and backfill around stem walls should be placed and compacted in a controlled manner. Copyiight © 2006 Materials Testing & Inspection, Inc. l 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • w"rnti-i4mm MATERIALS „ September 18, 2006 " TESTING & Page# 10of25 ' INSPECTION Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r.\boiss\2006 reports\1200-1399\661371,g\b61371 geomeh.doc Recommended Pavement Sections: r.• MTI collected a sample of near -surface soils for R -value testing representative of soils to depths of 2.7 feet below existing ground surface. A bulk sample collected from test pit 3, consisted of lean clay (CL) soil. This sample yielded an R 'value less than 5. An R value of 1 was used for design. As required by Ada .a County Highway District, MTI has used a traffic index of 6 to determine necessary pavement cross-sections for the site. Additionally, MTI has made other assumptions for traffic loading variables based on the character of the proposed construction. The Client should review these assumptions to make sure they reflect intended use and loading of pavements both now and in the future. Flexible Pavement Sections The Idaho Method as defined in Idaho Department of Transportation's Materials Manual (section 500) was used to develop the pavement section Ada County Highway District (ACHD) parameters for traffic index and substitution ratios were also used in the design, and were obtained from ACHD's Development Policy Manual. Calculation sheets provided in the Appendix indicate the soils values,,traffic,-loading, and material F ratios used to calculate the pavement sections. MTI recommends that all materials used in the construction of Asphaltic Concrete Pavements meet the requirements of the Idaho Standards for Public Works Construction (ISPWC) specifications. Construction of the pavement section should be in accordance with these' specifications. The following thicknesses- are MINIMUM THICKNESSES for assured -pavement function. z: V in v Aggregate Base Structural Subbase z M ection Com Conent Driveways and Parki U, Residential Streets As ha t1 i'c oncrete 2.5 Inches Untreated Aggregate Base 4.0 Inches Granular Borrow 14.0 Inches Compacted Sub rade Not Required Material complying with ISPWC Standards for Crushed Aggregate Materials. Any material complying with the requirement for granular structural fill (uncrushed) as defined in ISPWC. N gi 5 Copyright t? 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti4mti-id.com • www.mti-id.com MATERIALS September 18, 2006 i Y TESTING Fs _Wage # 11 of 25 E INSPEICTION • VEnvironmental Services ❑ Geotechnical Engineering i] Construction Materials Testing ❑ Special Inspections r.\boise\2006 reports\1200-1399\b61371g\b61371 geabech.doc 4 Y - Common Pavement Section Construction Issues The subgrade upon which above pavement sections are to be constructed must be properly stripped, compacted (if indicated), inspected and proof rolled. Proof rolling of subgrade soils should be accomplished with a heavy rubber -tired fully loaded tolidem axle dump truck or equivaleAt. MTI anticipates that pavement areas will be subject to moderate traffic. It should be noted that surficial clay soils near to and above optimum moisture contents may tend to pump Pumping or soft areas must be removed and replaced with - structural fill. 1. Fill material and compacted native subgrade soils (if required) in support of the pavement section as well as '" '1dgg'regaterc'ohl7risilfg't1fe patelhent"gMion"must be comp2btFd7td'n5?ldss tha1r95% ofrlh'Txirrum drf,' density indicated by ASTM D 698 for flexible pavements and by ASTM D 1557 for rigid pavements. If a z material placed as a pavement section component cannot be tested by usual compaction testing methods, compaction of that -material shall be approved by observed proof rolling. Minor deflections from proof rolling for flexible pavements are allowable. Deflections from proof rolling of rigid pavement support courses should not be visually detectable. MTI recommends that rigid concrete pavement be provi7led for heavy garbage receptacle parking. This will eliminate damage caused by the considerable load of containers transferred onto the small steel wheels and "' subsequently onto the asphaltic concrete. Rigid concrete pavement should consist of Portland Cement Concrete Pavement (PCCP) generally adhering to ITD specifications for Urban Concrete. PCCP shall be 6 inches thick on a 4 inch drainage fill course, should be reinforced with welded wire fabric, and control joints shall be on 12 foot centers or less. CONSTRUCTION CONSIDERATIONS a Earthwork: Recommendations in this report are based upon structural elements of the project being founded on competent native silt -sand mixtures or compacted structural fill. Structural areas should be stripped to an y elevation that exposes these soil types. Excessively organic soils, deleterious materials, and/or disturbed soils generally undergo high volume changes when subjected to loads, which is detrimental to subgrade behavior in the area of pavements, floor slabs, structural fills, and foundations. Mature trees, and native grasses with associated rootxsystems were noted at the time of our investigation. It is recommended that organic and/or disturbed soils, if encountered, be removed to depths of 1.2 feet (minimum), and wasted or stockpiled for later use. Stripping depths should be adjusted in the field to assure that the entire root zone and/or disturbed zone and/or topsoil is removed, prior to placement and compaction of structural fill materials. Exact removal depths should be determined during grading operations by a qualified geotechnical representative, And shall be based upon subgrade soil type, composition, and firmness or soil stability. Unidentified underground storage tanks (UST), below surface utilities, wells, or septic systems must be decommissioned, removed or abandoned as deemed necessary by "governing Federal, State, and local agencies. Excavations developed as the result of such removal must be backfilled with structural fill materials as defined below. Copyright O 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mailmti®mti-id.com • www.mti-id.com MATERIALS TESTING & INSPECTION !Environmental Services ❑ Geotechnical En�gineering ❑Construction Materials Testing ❑Special Inspections c\boise\2006 reports\1200-1399\b61371g\b61371geotich.doc Y September 18, 2006 Page # 12 of 25 %E35 l After existing subgrade soils are excavated to design grade, proper control of subgrade conditions (i.e., moisture content) and placement and compaction of new fill (if required) should be overseen by a =s representative of the soils engineer (MTIJ. Recommendations for structural fill presentedc �within this report can be used to minimize volume changes and differential settletneZa n s that are detrimental to fhe behavior of footings, pavements, and floor slabs. Sufficient density test] should be performed to properly monitor compaction. For structural fill beneath building structures one implace density test per lift for every 5,000 square feet is recommended. In parking and driveway areas this can be decreased to one test per lift for :every 10,000 square feet. . = Dry Weather! =r . _ _ ��• . . e� _ -�, _ P` If construction is to be conducted during what is considered "Dry" seasonal conditions, problems associated n with soft soils may be avoided' However; shallow groundwater' conditions;- related to -springtime runoff ;and/or late summer/early fall irrigation, may induce rutting subgrade soils. Solutions to problems associated with soft subgrade soils are outlined below. Problems may also arise because of lack of moisture in native and fill soils at time of placement. This will require addition of water to achieve near optimum moisture levels. Low cohesive soils exposed in excavations may become friable, increasing chances of sloughing or caving. Measures to control excessive dust should be considered as part of the overall health and safety management plan. ryi Wet Weather: If construction is to be conducted during what is considered "Wet' seasonal conditions (commonly from mid-November to April), problems associated with soft soils must be considered as part of the construction plan. During this time of year, fine grained soils such as silts and clays will become unstable with increased moisture content, and eventually deform or rut. Additionally, constant low temperatures reduce the possibility of drying soils to near optimum conditions. Copyri&ht © 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • www.mti-ld.com ' M ATE R IALS September 18, 2006 1 TESTING Fs Page # 13 of 25 INSPECTION , 4 Environmental Services ❑ Geotechnical Erlgineering ❑ Construction Materials Testin�q ❑ SpQcial Inspections r:\boise\2006 reports\1200-1399\b61371g\b61371geotech.doc x :ew Soft Subgrade Soils: Shallow fine grained subgrade soils that are high in moisture content can be expected to pump and rut under construction traTf c. The following recommendations and/or option's have been included for dealing with anticipated subgrade conditions: ` • Track -mounted vehicles should be used to strip subgrade of root matter and other deleterious debris. • Heavy rubber -tired equipment should be prohibited from operating directly on native subgrades, and in structural areas such as roadways and foundations. Construction traffic can be restricted to designated ' roadways that do not cross, or cross on a limited basis, proposed roadway or parking subgrades. ti ' •' Dufirfg pWi-ZlT!5f *Tf tRtlf" cdlrsTRtioti bff-site =may bCcoff!Fvery difficult if tiot tili"pos%ible ` To ensure constructability, access/haul roads should be constructed with a minimum of 2 feet of structural fill material. Fill material should consist of relatively large cobble (4 to 6 inch in diameter) with sufficient fito fill voids. s µ • Instead of structural fill placement, scarification and aeration of subgrade soils can be employed to reduce the moisture content. After stripping is complete, the exposed subgrade should be ripped and/or - disked to a depth of 1.5 feet and allowed to air dry for 2 to 4 weeks. Further disking should be performed on a weekly basis to aid the aeration process. • Alternate recommendations can be provided involving lime or cement stabilization and use of geotektiles, upon request. w Frozen Subgrade Soils: Frozen subgrade soils must be 'allowed to thaw, or may be stripped prior to placement of structural fill materials or foundation elements. Frozen soils must be removed to depths that expose non -frozen soils and wasted or stockpiled for later use. These soils must be allowed to thaw and return to near optimum conditions prior to use as structural fill. Structural Fill: y Soils regarded as suitable for use as structural fill are those classified as GW, GP, GM, SW, SP, SM, and ML, in accordance with the Unified Soil Classification System (USCS) (ASTM D 2487). The use of silty ' soils (USCS designation of GM, SM, and ML) as fill may be acceptable. However, these materials require r very high moisture contents for compaction and require a long time to dry out if natural moisture contents are too high. Therefore these materials can be quite difficult to work with as moisture content, lift thickness, and compactive effort becomes difficult to control. If silty soil is used for structural fill, lift thicknesses should not exceed 6 inches (loose), and fill material moisture must be closely monitored at both the working _ elevation and the elevations of materials already placed. Following placement, silty soils must be protected from degradation resulting from construction traffic or subsequent construction. -x F T Copyright 1p 2006 Materials Testing & Inspection, Inc. r. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • www.mti-id.com MATERIALS September 18, 2006 f Page # 14 of 25 TESTING & ,y INSPECTION • "Environmental Services ❑ Geotechnical E5gineering ❑ Construction Materials Testino ❑ Special Inspections r:\boise\2006 reports\1200-1399\b6137}g\b61371geotech.doc Recommended granular structural fill materials, those classified as GW, GP, SW, SP, should consist of a 6 inch minus select, clean, granular soil with no more than 30% oversize (greater than 1/4 inch) material and no more than 12% fines (less than #200) and placed in layers not to exceed 9 inches, in thickness. Prior to placement of structural fill materials, surfaces must be prep ed as outlined in the7:onstruction Considerations section. Structural fill material should be moisture -conditioned to achieve optimum moisture content prior to compaction. For structural fill below footings, areas of compacted backfill must extend outside the perimeter of the footing for a distance equal to the thickness of fill between the bottom of foundation and underlying soils, or 5 feet, whichever is less. ly Each layer of Sdh-Ct6l'al fill IMFbC dMpatti!d 19 Tminimnm deMitrof 95%'of rhaximurn dr}fdensityas " determined by ASTM D 1557 (for rigid structures) or D 698 (for flexible pavements). The ASTM D 1557 and D 698 test methods shall be used for samples containing up to 40% oversize particles (greater than 3/4 n� inch). If materialFcontains more than 40%°but less than 50% oversize particles, compactiotT of fill shall be confirmed by proof -rolling each lift with a 10 -ton vibratory roller (or equivalent) until the maximum density has been achieved. Density testing shall be performed after each proof -rolling pass until the in-place density test results indicate a dKo p (or no increase) in the dry density, defined as the maximum density or "break over point. The number of required passes shall be used as the requirement on the remainder of fill Lplacement. Material shall contain sufficient fines to fill all void spaces, and shall not contain more than 50% oversize particles. Backfill: A, Backfill materials shall ascribe to the requirements of structural fill except that the maximum material size shall be 4 inches. In no case shall material greater than 2 inches in diameter bear directly on structural elements. Placing oversized material against rigid surfaces interferes with proper compaction. Backfill r should be compacted in accordance with specifications for structural fill, except in those areas where it is determined that future settlement is not a concern, such as planter areas. In nonstructural areas, backfill must be compacted to a firm and unyielding condition. Excavations: Shallow excavations that do not exceed 4 feet in depth may be constructed with side slopes approaching vertical. Below this depth, it is recommended that slopes be constructed in accordance with Occupational Y, Safety and Health Administration (OSHA) regulations, section 1926, subpart P. Based on these regulations, on-site soils are classified as type "C" soil, and excavations within these soil should be constructed at a maximum slope of 1% foot horizontal to 1 foot vertical (1%H:1V) for excavations up to 20 feet in height. Excavations in excess of 20 feet will require additional analysis. Note that these slope angles are considered 3 stable for short-term conditions only, and will not be stable for long-term conditions. M ar Copyright ® 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 • E -Mail mti@mti-id.com • www.mti-id.com MATERIALS TESTING & INSPECTION September 18, 2006 Page # 15 of 25 -Environmental Services ❑ Geotechnical ErIgineering Q Construction Materials Testing ❑ Special Inspections r.\boise\2006 reports\1200-1399\b61371g\b61371geotech.doc For deep excavations, native granular soils cannot be expected to remain in position. These materials are prone to failure and may collapse, thereby undermining upper soils layers. This iT-especially true when working at depths near the water table. Proper care must be taken to protect personnel and equjacm. During our subsurface exploration, test pit sidewalls generally exhibited little indication of collapse. w However, some caving of granular soils occurred, especially after penetration of the water table. Care must be taken so that excavations are properly backfilled in accordance with procedures outlined in this report. Water and loose debris should be removed from these excavations, prior to placement of fill soils or concrete. w� � � 7 � 3 � 1 R S L L _ _ Y r � i � � n • IE A � !1 t � • M. Groundwater Control: Groundwater was- encountered in the investigation, but ism anticipated, to be below the depth=o£ most construction. However, special precautions may be required for control of surface runoff and subsurface seepage in general. It is recommended that runoff caused by wet weather be directed away from open excavations. On-site silty or clayey soils can be expected to become soft and pump if subjected to excessive traffic following periods of wet weather. Ponded surface water areas should be drained to allow construction 11 to take place through methods such as trenching, sloping, crowning grades, nightly smooth drum rolling, or installation of a French -drain system. Additionally, temporary or permanent driveway sections may be constructed should wet weather be forecast. GENERAL COMMENTS When plans and specifications are complete, or if significant changes are made in the character or location of the proposed development, consultation should be arranged as supplementary recommendations may be required. It is recommended that the service of a qualified geotechnical engineering firm be engaged to test and evaluate soils in footing excavations before placement of concrete to determine if soils meet compaction requirements. Monitoring and testing should also be performed to verify that suitable materials are used for structural fill and that proper placement and compaction is performed. Copyright Q 2006 Maferials Testing & Inspection, Inc. 2791 South Victory View Way « Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mtigmti-id.com • www.mti-id.com MATERIALS September 18, 2006 TESTING Fs Page # 16 of 25 " INSPECTION Environmental Services O Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections u E. r:\boise\2006 reports\1200-1399\b61371g\b61371geotech.doc I REFERENCES American Society far Testing Materials, 19x9, Standard Test Method for Materials Finer than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing: C 117 - 95, 3 p. AmericanSociety for Testing Materials, 1999, Standard Test Methods for Liquid Limit, Plastic Limit, and e' Plasticity Index of Soils, ASTM Designation: D 4318 - 86, 11 p. 7' 7CMlett, R.A., 1980;' Soil Survey of Adams oun y Area, Idaho: OrEreepartment of Agricu rre, Soil Conservation Service, 327 p. s s Othberg, K.L. and Stanford, L.A., 1992, Geologic Map of the Boise Valley and adjoining area, Ada and a� _ v Canyon Counties, Idaho: Idaho Geologic Map Series, scale 1:100,000. �m 1 N Copyright © 2006 Maferials Testing & Inspection, Inc. *=' 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti&mti-id.com • www.mti-id.com rt ■ N Copyright © 2006 Maferials Testing & Inspection, Inc. *=' 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti&mti-id.com • www.mti-id.com n :I r . 0 Copyright Q 2006 Materials'Iksting & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (206) 376-4748 • Fax (208) 322-6515 E -Mail mti.9mti-id.com • www.mti-id.com rc MATERIALS September 18, 2006 TESTING & Page# 17o£25 rINSPECTION 'mEnvironmental Services U Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections r:\boise\2006 reports\1200-1399\b61371g\b61371geotech.doc APPENDIX GEOTECHNICAL GENERAL NOTES UNIFIED SOIL SYftnM I,LASSIFICAfiiON -' GEOTECHNICAL REST PIT UMs F �" W, ` PAVEMENT THICKNESS DESIGN SHEETS R -VALUE TEST DATA SITE MAP PLATES 7,. n :I r . 0 Copyright Q 2006 Materials'Iksting & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (206) 376-4748 • Fax (208) 322-6515 E -Mail mti.9mti-id.com • www.mti-id.com rc MATERIALS September 18, 2006 ■ TESTING Fr Page # 18 of 25 ` INSPECTION Environmental Services ❑ Geotechnical EnginEfering ❑ Construction Materials Testing ❑ Special Inspections r:\boise\2006 reports\1200-1399\b6137Ig\b6137Igeotech.doc GEOTECHNICAL GENERAL NOTES (, t ■ „_ SOIL PROPERTY SYMBOLS N: Standard "N" penetration: Blows per foot of a 140 pound hammer falling 30" on a 2" O.D. SS. Qu: Unconfined compressive strength, tons/ft2 Qp: Penetrometer value, unconfined compressive strength, tons/ft2 Qe: Cone Penetrometer value, unconfined compressive strength, pounds/int �V�:: Vane value, ultimate shearing strength, tons/ft2 .l- lYl• YYa�l (rCrftlltr % G••— _ ' '"- 3 =>L �� r■ ■ ■ ■-` 1 F �E — IIII> LL: Liquid Limit " PI: Plasticity Index NP: Non-Prastic"�" ` D: Natural dry density, lbs/ft3 WT: Apparent groundwater level (at time noted after completion). -, - SS: ST: W AU: DB: CB: IM GS: ,w z. a T DRILLING AND SAMPLING SYMBOLS Split -Spoon - 13/8" I.D., 2" O.D., except where noted. Shelby Tube - 3" O.D., except where noted. Auger Sample. Diamond Bit. Carbide Bit. Grab Sample. RELATIVE DENSITY AND CONSISTENCY CLASSIFICATION Non -Cohesive Soils Standard Penetration Resistance Cohesive Soils Standard Penetration Resistance Very Loose <4 Very Soft <2 Loose 4-10 Soft 2-4 Medium Dense 110-30 Firm Medium Stiff) 4-8 Dense 30-50 Stiff 8-15 Very Dense >50 Very Stiff 15-30 Hard >30 PARTICLE SIZE Boulders 12 in. + Coarse Sand Cobbles 12 in. to 3 in. Medium Sand Gravel 3 in. to 5 mm Fine Sand 5 mm to 0.6 mm Silts 0.074 mm to 0.005 m a 0.6 mm to 0.2 mm Clays 0.005 mm & SmalXr 0.2 mm to 0.074 mm Copyright C 2006 Materials Testin@ & Inspection, Inc 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mtIbmtkicl.com • www.mti-id.com . t'L MATERIALS September 18, 2006 TESTING & Page# 19 of 25 INSPECTION f" ,Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testinn ❑ Special Insoections CM r:\boise12006 reports\1200-1399\b6137tg\b61371geotech.doc Unified Soil Classification System Major Symbol Soil Des"crlptions Divisions ' Well -graded gravels, gravel -sand mixtures, little or no fines Gravel GW and Poorly -graded gravels, gravel -sand mixtures, little or no fines Gravelly GP foils —_ Silty gravels, Poorly=graded gave]-7a7nd-sift mixttires° ' — <50% GM coarse fraction Clayey gravels, Poorly -graded gravel -sand -clay mixtures passes #4 Slez GC c " ' , Coarse Well -graded sands, gravelly sands, little or no fines Grained Sand SW Soils and Poorly -graded sands, gravelly sands, little or no fines <50% Sandy SP passes #200 sieve Soils >50% SM Silty sands, Poorly -graded sand -gravel -silt mixtures ' coarse fraction Clayey sands, Poorly -graded sand -gravel -clay mixtures passes #4 sieve SC Inorganic silts & very fine sands, silty or clayey fine sands, Silts ML clayey silts and Inorganic clays of low to medium plasticity, gravelly clays, sandy Clays CL clays, silty cla s, lean clays Organic silts and organic silt -clays of low plasticity Fine LL < 50 Grained OL Soils Inorganic silts, micaceous or diatomaceous fine sand or silt >50% Silts MH passes #200 sieve and Clays CH Inorganic clays of high plasticity, fat clays LL > 50 Organic silts and clays of medium -to -high plasticity OH Highly Organic Soils Peat, humus, hydric soils with high organic content PT i '!r Copyright @ 2006 Materials Testing & Insp6ction, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti(Pmti-id.com • www.mti-id.com UAW MATERIALS 1 September 18, 2006 ■ Page # 20 of 25 TESTING & - a -F INSPECTION C� Environmental Services ❑ Geotechnical Er�ineering, ❑ Construction Materials Testing ❑ Special Inspections •: , r.\boise\2006 reports\ 1200-1399\b61371 g\b61371 geotech.doc GEOTECHNICAL • INVESTIGA'T'ION i ■ . - TEST PIT LOG Test Pit Log #: TP -1 Date Advanced: 9/1/06 Logged By: Liz Brown Excavated By: Struckman's Backhoe Service Location: See Later Site Map Plates �• 57W h to WV fer'I able: • 0.TFeeT Depth to Bottom Of ffoTe: NA Peet Depth Field Di?sct'ilitidn, w/USCS Soil' Sample SAmple Depth' Qp ' Lab Tdst Feet and Sediment Classification Type(From-To) ID Lean Clay (CL): Brown, dry, hard, 0.0-2.7 with organic material to 1.1 feet. 4.5 Cemented Silt (ML): Light brown, 2.7-6.7 dry, very stiff toharde weak calcium 3.0-4.5 carbonate cementation. Silty Sand (SM): Brown, dry to 6.7-9.2 slightly moist, medium dense to dense, indurated, with f ne grained sand. Poorly Graded Sandy Gravel 9.2-11.4 (GP): Brown, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles— Piezometer Installed Copyright ® 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • www.mti-id.com • MATERIALS September 18, 2006 TESTING & Page# 21 of 25 [_ INSPECTIONI,C-P Environmental Services ❑ Geotechnical En ineering ❑ Construction Materials Testino ❑ Special Inspections rAboise\2006 reports\1200-1399\661371 g\b61371 geotach.doc { .. GEOTECHNICAL INVESTIGATION - -� r ■ IF TEST PIT LOG -i Test Pit Log #: TP -2 Date Advanced: 9/1/06 Logged By: Liz Brown Excavated By: Struckman's Backhoe Service Location: See Later Site Map Plates Depth to Water Table: 9.8 Feet Depth to Bottom Of Hole: 10.2 Feet il 11 WW �n Depth Field Description, w/USCS Soil Sample Sample Depth QP Lab Test Feet and Sediment Classification ■ . , . Type (From -To).. ID Lean Clay (CL): Brown, dry, hard, 0.0-1.5 with organic material to 1.5feet. 4.5 Cemented Silt (ML): Light brown, 1.5-4.4 dry, very stiff to hard, weak calcium 3.75-4.5 carbonate, cementation. Silty Sand (SM): Brown, dry to 4.4-9.2 slightly moist, medium dense to dense, indurated, with fine grained sand. Poorly Graded Sandy Gravel 9.2-10.2 (GP): Brown, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles. 3l Copyright ® 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-161ail mtifdmti-id.com • www.mti-id.com _ MATERIALS September 18, 2006 TESTING & _ Page # 22 of 25 INSPECTION nEnvironmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing Q Special Inspections r:\boise\2006reports\1200-1399\b61371g\b61371geotech.doc GEOTECHNICAL _ INVESTIGATION _ TEST SIT LOG Test Pit Log #: TP -3 Date Advanced: 9/1/06 Logged By: Liz Brown ■ Excavated By: Struckman's Backhoe Service Location: See Later Site Map Plates p a Depth to Water Table: 11.0 Feet — Depth to Bottom Of Hole: 11.6 Feet - Depth Field Description, w/USCS Soil Sample Sample Depth Qp Lab Test Feet and Sediment Classification -Type (From -To) _1D H Lean Clay (CL): Brown, dry, hard, 0.0-1.5 with organic material to 1.Ofoot. Bulk 1.0-1.5 4.5 R -Value Cemented Silt (ML): Light brown, 1.5-5.7 dry, very stiff to hard, weak calcium 3.5-4.5 carbonate cementation. Silty Tand (SM): Brown= dry to 5.7-10.1 slightly moist, medium dense to dense, indurated, with fine grained sand. Poorly Graded Sandy Gravel 10.1-11.6 (GP): Brawn, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles. ■ f Piezometer Installed a u ■ Copyright Q 2006 Materials Testing & Inspection, Inc. i 2791 South Victory View Way • Boise, ID 83709 (208) 376-4748 • Fax (208) 322-6515 E-Mailmti(Bmti-id.com • www.mti-id.com MATERIALS September 18, 2006 TESTING � Page # 23 of 25 l INSPECTION - 1 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Insoections s r:\boi9te g\2006 reports\1200-1399\b61371g\b6137Igeoch.doc r ' GEOTECHNICAL INVESTIGATION . F TEST PIT LOG r Test Pit Log #: TP -4 Date Advanced: 9/1/06 Logged By: Liz Brown Excavated By: Struckman's Backhoe Service Location: See Later Site Depth to Water Table: 10.9 Feet Depth to Bottom Of Hole: 11.6 Feet tp Plates w . on Depth Field Description, w/USCS Soil Sample Sample Depth Qp Lab Test Feet and Sediment Classification . Type From -To ,f ,= ID Lean Clay (CL): Brown, dry, hard, 0.0-1.8 with organic material to 1.2 feet. GS 0.2-0.4 4.5 A Cemented Silt (ML): Light brown, 1.8-6.8 dry, very stiff to hard, weak calcium 3.5-4.5 carbonate cementation. ■ SiltrSand (SM): ■Brownpdry to 6.8-9.4 slightly moist, medium dense to dense, indurated, with fine grained sand. Poorly Graded Sandy Gravel 9.4-11.6 (GP): Brown, slightly moist to saturated, medium dense, with fine to medium grained sand and 6 inch minus cobbles. Lab Test ID M LL PI Sieve Anals ■ 0 - - % #4 si #10 #40 #100' #200' A 8.1 48 25 100 99 1 97 1 93 88.1 C Copyright 0 2006 Materials Testing & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mti@mti-id.com • www.mti-id.com ATERIA`5 September 18, 2006 TESTING & Page# 24 of 25 V INSPECTION Wffr 1 Environmental Ser*es❑ GeotechnicalEngineerin l ❑ Construction*vlaterials Testing �Ll Special Inspections r:\boise\2006 reports\1200-1399\b61371 g\b61371 geotech.doc IDAHO METHOD - PAVEMENT THICKNESS (USING ADA COUNTY HIGHWAY DISTRICT SUBSTITUTION RATIOS) e Copyright (Z 2006 Materials "Ir>isting & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mailmti@mti-id.com • www,mti-id.com c 11 Pavement Section Design Location: Ernest ProMrty • Average Daily Traffic Count: All Lanes & Both Directions Design Life: 20 Years ❑ ' Traffic Index: 6.00 Climate Fgctor: 1 R -Value of Subgrgde: 1.00 W Subluade CBR Value: - - •- _ • — r. Suby & Mr: —o • r •. - -.a: 1. _ R -Value of Aggregate Base: • 80� ._ _ _ -oo ■ -- R-Value of Granular Borrow: 60 Subgrade R -Value: 1 Expansion Pressurl of Subigrgde: 0.33 Unit Weight of Bele Materials: 130 Total Daafgn Life 18 kip ESAL's: 33,131 ASPHALTIC CONCRETE: Gravel Equivalent, calculated: 0.384 Feet Thickness: 0.196923077 Usew 0.208 PeR Gravel Equivalgnt, ACTUAL: 0.41 CRUSHED AGGREGATE BASE: Grovel Equivalent (Bellies); 0.768 (if only aMregalo bane is to be considered change B 14 to B 15) ThickneN: 0.329 Us = 0.333 Fag -- Gravel Equivalent, ACTUAL: 0.772 GRANULAR BORROW: Gravel Equivalent 1.901 Thicknwe: 1.129 Use= 1.16666669 Fe6't Grovel Equivalent, ACTUAL: 1.939 TOTAL Thickngee: 1.708 ThicknRs Requirld by Exp. Pt%ssure: 0.366 This number must bB tess than TOTAL Thicknlss Design (ACHD Valms) Depth Substitution Inches Ratios Asphaltic Concrete (at least' east 2a): 2.50 1.95 (ACHD minimums: 2.5 for local & 3 for art./collector) r Asphalt Treated B"e (at Fast 4.2): 0.00 Cement Treakd Base (at least 4.2): 0.00 Untreated Ag�7agate Base (at lost 4.2): 4.00 1.10 Granular Sorrow (at least 4.2): 14.00 1.00 e Copyright (Z 2006 Materials "Ir>isting & Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E-Mailmti@mti-id.com • www,mti-id.com c 11 MATERIALS September 18, 2006 Page # 25 of 25 TESTING & ULM INSPECTION I Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing O Special Inspections r.\boise\2006 reports\1200-1399\b61371g\ b61371teotech,doc RESISTANCE "R" VALUE LABORATORY TEST DATA c Source and Description: TP -3,.I.0' -l.5'— Clay Date Obtained: September 1, 2006 Sample ID: ___Sampling 5601 and Preparation: ASTM D75: AASHTO T2: X AASHTO T87: X ASTM D421: - Test Standard: ASTM D2844: AASHTO T190: Idaho T8: X - Sample A B C Dry Densi lb/ft NA NA NA Moisture Content % - — - NA - ' ISA ' "NA' Expansion Pressure(psi) NA NA NA Exudation Pressure(psi) NA NA NA R -Value NA ' NA NA - • - - _ R -Value @ 200 psi Exudation Pressure = Less than 5** ** ASTM D2844 Note 2: Occasionally, material from very plastic clay -test specimens will extrude from under the mold and around the follower ram during the loading operation. If this occurs when the 800 -psi point is reached and fewer than five lights are lighted, the soil should be reported as less than 5 R -value. K: t: 10.0 8.0 6.0 4.0 2.0 0.0 RaValue @ Exudation Pressure 300 250 200 150 100 Exudation Pressure (psi) Copyright Q 2006 Materials Ttstinz& Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mtiOmti-id.com • www,mti-id.com X i�u�ari�umol�� 300 250 200 150 100 Exudation Pressure (psi) Copyright Q 2006 Materials Ttstinz& Inspection, Inc. 2791 South Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 E -Mail mtiOmti-id.com • www,mti-id.com X I e NO Lb z Lu 9 F aFw- e ,ffi & Pr, Cl Fr .wx3d:r �se ING H 3Y. m A� r I CSS y A -a5 tF3' , SR y � w �S v ctn Z• O�i o €ro 0-1 Ir d j F- 4J I � X111 J ,: Y I:AII RV{� C•l dIE v�� R m Kim _ :r1 4 y Y 1� $J rsy - W 1 % Z_ It J W s�sr, I e NO Lb z Lu 9 F aFw- e ,ffi & Pr, Cl Fr .wx3d:r �se ING H 3Y. m WA Q Lb I �Z_u I Wf- 'I e �z a � m pytOv y O Z p m � O W N H H WA Q Lb �Z_u Wf- N I e a � m pytOv y Io N WA Io I Ali c I \ e• - — North Kubik Way ! w WA Y■ $ I � r '. �lYti ! P � S ! ri rR x�'JYiy�, g 1 b " a L- ,y Pz 41 q £'DN m1SRY9&1S 6"°•a W � V ® d � � Ijt33YJ 3ll2jj}i .•. �2 (^(�Wry .J [.] yy a �o • \ Term 1N�iyj I'- zC)Cozx %41gP-. W 'A II Eg l t b m I I • r 4, "i � s r o Y V - ua.rv'@I a5N 'N Y OZI r, m m 9 2z _ I P ®a e.J�...._v.m .m5Li ®® mer sat p___ �F maven <r �} M .I;Tt-t,00 S , 4'¢69 3 .GZQLgg N �. Y £'ON AAIBiA�811i ■r' 03LL1e:dNr olnvi 3AlS{t13L' ]4 g AM 8 r.i Ci m m 9 2z _ I P ®a e.J�...._v.m .m5Li ®® mer sat p___ �F maven <r �} M .I;Tt-t,00 S , 4'¢69 3 .GZQLgg N �. Y £'ON AAIBiA�811i ■r' 03LL1e:dNr olnvi 3AlS{t13L' ]4 X,, d x h oa m FA i z I I� 11 d _. - - - 1yl�rl"S., r .•mow'.. .:M1� e 3p 4 F b ■ a` PA§�a fa k e 29 i 4 L'b}- ` - YAP P P n ` Flowy N ~ .off ■ ��, adz-■ ra sExsst � k N�'� �'F � ;} v aB RNr�,xaaV a are* as _ r �3tY iwgo fi Wit, II u 111 ■ 11 ail �, s Cuury � M {r_{4p �Hw �ss K � w F � M0. Jf���."i✓ c' I LL pr n h � ag YI d r. U l yi w d _. - - - 1yl�rl"S., r .•mow'.. .:M1� e 3p 4 F b ■ a` PA§�a fa k e 29 i 4 L'b}- ` - YAP P P n ` Flowy N ~ .off ■ ��, adz-■ ra sExsst � k N�'� �'F � ;} v aB RNr�,xaaV a are* as _ r �3tY iwgo fi Wit, II u 111 ■ 11 ail �, s OHVQ NVKINDR V�ll Wild AdVOSCNl iVldA�Jd -L dTjd IGO Sl NOISIAlGons IVICG]Nns L4 �tgapW t? I -1--.1 --w I IN F7 A is 6a I IN F7 A I IN LO -Li -L Iz]iVYA3d 6A NVICI�OW4 NVId 3dVOSCINVI iV�d] d NOISIAICIOAS IVIGNns z w r THE FOLLOWING IS A VERY IMPORTANT DOCUMENT WHICH EACH AND EVERY POTENTIAL BUYER AND OWNER OF PROPERTY WITHIN THE SUNDIAL SUBDIVISION SHOULD READ AND UNDERSTAND. THIS DOCUMENT DETAILS THE OBLIGATIONS AND PROHIBITIONS IMPOSED UPON ALL HOME OWNERS AND OCCUPANTS. ti TABLE OF CONTENTS ARTICLE L RECITALS............................................................... 1 Section 1. Property Covered ................................................ 1 Section 2. Purpose of Declaration ............................................ 1 ARTICLE II: DECLARATION........................................................ 1 ARTICLE III: DEFINITIONS......................................................... 1 Section 1. "Architectural Committee" ......................................... 1 Section 2. "Assessments"................................................... 1 Section 3. "Association"................................................... 1 Section 4. "Board"........................................................ 1 Section 5. "Common Lots" ................................................. 1 Section 6. "Declarant"..................................................... 2 Section 7. "Dwelling Unit" ................................................. 2 Section 8. "Improvement".................................................. 2 Section 9. "Limited Assessment" ............................................. 2 Section 10. "Lot".......................................................... 2 Section 11. "Member"...................................................... 2 Section 12. "Mortgage"..................................................... 2 Section 13. "Owner"....................................................... 2 Section 14. "Person(s)•...................................................... 2 Section 15. "Plat".......................................................... 2 Section 16. "Property........................................................ 3 Section 17. "Regular Assessments" ......................................... I .. 3 Section 18. "Special Assessments" ............................................ 3 ARTICLE IV: PROPERTY RIGHTS .................................................... 3 Section 1. Owners' Easements of Eniovment of Common Lots ..................... 3 Section 2. Delegation of Use ................................................ 3 Section 3. Encumbrance of Common Lots ..................................... 3 ARTICLE V: MEMBERSHIP AND VOTING RIGHTS ..................................... 3 Section 1. Membership.................................................... 3 Section 2. Voting Classes .................................................. 4 ARTICLE VI: USE AND REGULATION OF USES ....................................... 4 Section 1. Residences..................................................... 4 Section 2. Home Occupations ............................................... 5 Section 3. Vehicle Storaee.................................................. 5 Section 4. Compliance With Laws and Waste ................................... 6 Section 5. Signs.......................................................... 6 Section6. Pets........................................................... 6 Section 7. Nuisance....................................................... 6 Section 8. Common Lots ................................................... 6 Section 9. Insurance....................................................... 7 Section 10. Drainage........................................................ 7 Section 11. Construction Equipment . .......................................... 7 Section 12. Damage to Improvements. ......................................... 7 ARTICLE VII: EMERGENCY MAINTENANCE ......................... ` ............... 7 ARTICLE VIII: PRESSURIZED IRRIGATION SYSTEM AND WATER RIGHTS ............... 7 Section 1. Irrigation Water Supply ........................................... 7 Section 2. Water Rights Appurtenant to Property ................................ 8 Section 3. Reservation of Easement .......................................... 8 ARTICLE IX: INSURANCE ........................................................... 8 Section 1. Insurance....................................................... 8 Section 2. Premiums Included in Assessments .................................. 8 ARTICLE X: COVENANT FOR MAINTENANCE ASSESSMENTS ......................... 8 Section 1. Creation of the Lien and Personal Obligation of Assessments ............. 8 Section 2. Purposes of Assessments .......................................... 9 Section 3. Uniform Rate of Assessment ....................................... 9 Section 4. Date of Commencement of Annual Assessments: Due Dates .............. 9 Section 5. Effect of Nonpayment of Assessments: Remedies of the Association ........ 9 Section 6. Subordination of the Lien to Mortgages ............................... 9 ARTICLE XI: AUTHORITY OF BOARD OF DIRECTORS ................................. 9 Section 1. Authority of Board ............................................... 9 Section 2. Easement...................................................... 11 Section 3. Non -Waiver ................................................... 11 Section 4. Limitation of Liability ........................................... 11 Section 5. Indemnification of Board Members ................................. 11 ARTICLE XII: ARCHITECTURAL COMMITTEE ....................................... 12 Section 1. Charter of Architectural Committee ................................. 12 Section 2. Authority of Architectural Committee ............................... 12 Section 3. Architectural Control ............................................ 12 Section 4. Review of Proposed Improvements ................................. 12 Section 5. Inspection of Approved Improvements ............................... 12 Section 6. Review of Unauthorized Improvements .............................. 13 ARTICLE XIII: GENERAL PROVISIONS .............................................. 13 Section 1. Enforcement................................................... 13 Section 2. Severability .................................................... 13 Section 3. Term and Amendment ........................................... 13 Section 4. Annexation.................................................... 14 Section 5. Duration and Applicability to Successors ............................ 14 Section 6. Attorneys Fees. . . . . ........................................... — 14 Section 7. Governing Law . ................................................ 14 EXHIBIT A - LEGAL DESCRIPTION OF THE PROPERTY ............................... 16 EXHIBIT B - LEGAL DESCRIPTION OF COMMON LOTS ............................... 17 EXHIBIT C -FINAL PLAT.......................................................... 18 R DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SUNDIAL SUBDIVISION This Declaration of Covenants, Conditions and Restrictions for Sundial Subdivision (this "Declaration") is made effective this day of , 2007, by Gemstar Properties, L.L.C., an Idaho limited liability company ("Declarant"). ARTICLE I: RECITALS Section 1. Property Covered. The property subject to this Declaration is the property legally described in the attached Exhibit A which is made a part hereof, together with any other property made subject to this Declaration pursuant to the terms herein (the "Property"). This Declaration is for the benefit of any and all Owners of any portion of the Property. Section 2. Purpose of Declaration. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, conditions and equitable servitudes (collectively "Restrictions") that will apply to the Property, and use of any and all portions thereof. The Restrictions contained herein are designed to protect, enhance and preserve the value, amenities, desirability, and attractiveness of the Property in a cost effective and administratively efficient manner. ARTICLE II: DECLARATION Declarant hereby declares that the Property, and each Lot, Dwelling Unit, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, used, occupied and improved subject to the following terms and Restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness thereof. The Restrictions set forth herein shall run with the land constituting the Property, and with each estate therein, and shall be binding upon any person or entity, and his/her/its successors, agents and assigns having or acquiring any right, title or interest in the Property or any Lot, Dwelling Unit, parcel or portion thereof, shall inure to the benefit of every Lot, Dwelling Unit, parcel or portion of the Property and any interest therein; and may be enforced by Declarant, any of its grantees or grantees' successors, the Association, and any Owner. ARTICLE III: DEFINITIONS Section 1. "Architectural Committee" shall mean the architectural committee ofthe Association established pursuant to Article XII herein. Section 2. "Assessments" shall mean Regular Assessments, Special Assessments and Limited Assessments. Section 3. "Association" shall mean and refer to the Sundial Subdivision Homeowners' Association, Inc., its successors and/or assigns. Section 4. "Board" shall mean and refer to the Board of Directors of the Association. Section 5. "Common Lots" shall mean all real property (including the Improvements thereto) owned by the Association for the common benefit and enjoyment of the Owners. The Common Lots are DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 legally described on the attached Exhibit B, which is made a part hereof. Common Lots may also be established from time to time by Declarant on any portion of the Property by describing such area on the Plat or other recorded plat ofthe Property, including any annexations thereto, by granting or reserving it in a deed or other instrument, or by designating it as such in any supplemental declaration. Section 6. "Declarant" shall mean and refer to Gemstar Properties, L.L.C., an Idaho limited liability company. Section 7. "Dwelling Unit" shall mean and refer to single family, attached and detached residential housing units to be constructed on each Lot. Section 8. "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed, placed upon or allowed on, under or over any portion of the Property, including, without limitation, Dwelling Units, fences, streets, roads, drives, driveways, parking areas, sidewalks, bicycle paths, curbs, landscaping, walls, hedges, plantings, trees, living and/or dead vegetation, rocks, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches, waterways, recreational facilities, grading, utility improvements, removal of trees and other vegetation, and any new exterior construction or exterior improvement which may not be included in the foregoing. Improvement(s) includes both original improvements existing on the Property on the date hereof and all later changes and Improvements. Section 9. "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Lot, directly attributable to the Owner, equal to the cost incurred by the Association in connection with corrective action performed pursuant to the provisions of this Declaration or any supplemental declaration, including, without limitation, damage to Common Lots, or the failure of an Owner to keep his or her Lot or Dwelling Unit in proper repair, and including interest thereon. Section 10. "Lot" shall mean and refer to any plot of land shown on the Plat, and/or any other real property annexed to the Property pursuant to Article XIII, Section 4, with the exception of the Common Lots. Section 11. "Member" shall mean each Person holding a membership in the Association, including Declarant. Section 12. "Mortgage" shall mean any mortgage, deed of trust, or other document pledging any portion of the Property or interest therein as security for the payment of a debt or obligation. Section 13. "Owner" shall mean and refer to the record owner, other than Declarant, whether one or more Persons, of a fee simple title to any Lot which is apart of the Property, including contract sellers and builders, but excluding those having such interest merely as security for the performance of an obligation. Section 14. "Person(s)" shall mean any individual, partnership, corporation or other legal entity, including Declarant. Section 15. "Plat" shall mean that certain Sundial Subdivision final plat filed in Book of Plats at Pages , Records of Ada County, Idaho, a copy of which is attached hereto as Exhibit C, and made a part hereof. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 Section 16. "Property" shall mean and refer to that certain real property legally described on the attached Exhibit A, and such annexations or other additions thereto as may hereafter be brought within the jurisdiction of this Declaration. Section 17. "Regular Assessments" shall mean the portion ofthe cost ofmaintaining, improving, repairing, managing and operating the Common Lots, including all Improvements thereon or thereto, and all other costs and expenses incurred to conduct the business and affairs of the Association which is levied against the Lot of each Owner by the Association, pursuant to the terms of this Declaration or any supplemental declaration. Section 18. "Special Assessments" shall mean that portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments paid to the Association pursuant to the provisions of this Declaration or any supplemental declaration. ARTICLE IV: PROPERTY RIGHTS Section 1. Owners' Easements ofEnioyment of Common Lots. Every Owner shall have a right and easement of enjoyment in and to the Common Lots which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable Assessments for the use of any recreational facility situated upon the Common Lots; (b) the right of the Association to suspend the voting rights and use of any recreational facility by an Owner for any period during which any assessment against his or her Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Lots to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of each class of Members has been recorded. Section 2. Delegation of Use. Any Owner may delegate his or her right of enjoyment to the Common Lots and related facilities to the members of his or her family, guests, invitees or contract purchasers who reside on the Property. Section 3. Encumbrance of Common Lots. The Common Lots cannot be mortgaged or conveyed without the approval of at least two-thirds (2/3) of the Class A Members. If ingress or egress to any Dwelling Unit or other property is through any portion of the Common Lots, any conveyance or encumbrance of the Common Lots shall be subject to an easement of the Owners of such Dwelling Units and/or owners of such other property for the purpose of ingress and egress. ARTICLE V: MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 Section 2. Votine Classes. The Association shall have two (2) classes of voting memberships: Class A. Class A Members shall be all Owners and shall be entitled to one vote for each Lot owned. When more than one Person holds an interest in any Lot, all such Persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant and shall be entitled to five (5) votes for each Lot owned. The Class B membership shall cease when, and if, Declarant has sold all Lots within the Property. ARTICLE VI: USE AND REGULATION OF USES Section 1. Residences. Unless otherwise designated on the Plat, any subsequent plat, this Declaration or any supplemental declaration, all Lots shall be used for detached, single family residential purposes only, and for the common social, recreational or other reasonable uses normally incident to such use, and also for such additional uses or purposes as are from time to time determined appropriate by the Board. Lots may be used for the purposes of operating the Association and for the management of the Association if required. The provisions of this Section shall not preclude Declarant from conducting sales, construction, development and related activities from Lots owned by Declarant. In addition to the foregoing, the following specific building restrictions shall apply: (a) No Owner shall install or place any item or construct any Improvement on any Lot or the exterior of his or her Dwelling Unit or on any building without the prior written consent of the Architectural Committee. (b) No shack, tent, trailer house, basement only, split entry, manufactured, mobile or pre -built Dwelling Units shall be allowed. (c) No Dwelling Unit shall be less than 1200 square feet, excluding garages and porches, and more than two stories above ground. (d) Only one outbuilding per Lot will be allowed. All outbuildings shall be constructed of quality building material, completely finished and painted on the outside and shall be of quality and character that will be in harmony with the other buildings on the Property. (e) Fences are not required. Fences shall be of good quality and workmanship and shall be properly finished and maintained. Fences may be built of wood, such as six foot dog eared cedar, or vinyl. Chain link fences are prohibited. No fence shall be higher than six feet. Fences shall not be built closer to the front of a Lot than the corner of the Dwelling Unit on either side. The location of fences, hedges, high plantings, obstructions, or barriers shall be so situated as to not unreasonably interfere with the enjoyment and use of any other portion of the Property and shall not be allowed to constitute an undesirable, nuisance or noxious use. (f) Antennae and/or satellite dishes shall be placed in the back yards or mounted on the back DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 or side of all Dwelling Units and shall be placed and/or mounted in such a way to minimize the visual impact to all other portions of the Property. (g) Garages shall be well constructed of good quality material and workmanship. All Dwelling Units shall have enclosed garages which hold no less than two and no more than three vehicles. To the extent possible, garage doors must remain closed at all times. (h) Roofing material shall be twenty-five (25) year architectural composition shingles or other material approved by the Architectural Committee. Color must be antique black. All roofs must have a pitch of at least 6/12. (i) All Dwelling Units are required to have brick, stone and/or stucco full wainscoating on the front exposure or brick, stone and/or stucco for at least 36" on the garage height columns which can be seen from the streets. No vinyl 'Biding, cement blocks, cinder blocks, pumice or similar materials are allowed unless covered by wood, brick, stone and/or stucco. 0) Exterior surfaces of chimneys are to be of hardboard, wood, brick, stone and/or stucco. (k) Utility meters are to be placed in an unobtrusive location and concealed where possible. (1) All gutters and downspouts are to be continuous and shall be colored to blend with the surface to which they are attached. Section 2. Home Occupations. Assuming all governmental laws, rules, regulations, and ordinances are complied with, home occupations may be conducted from the interior of Dwelling Units provided such home occupations do not increase the burdens on the streets within the Property (including increased traffic). If the Board determines, in its sole and absolute discretion, that a home occupation is increasing the burden on the streets, the Board shall have the right to terminate any Owner's ability to conduct a home occupation from his or her Dwelling Unit. Notwithstanding the foregoing, Declarant may conduct any business operation it sees fit from any portion of the Property owned by it, regardless of the impact on the streets. Section 3. Vehicle Storaee. Unenclosed areas, which include driveways and all other areas within the Property, other than garages and prohibited parking areas, if any, are restricted to use for temporary parking of operative motor vehicles of guests, invitees and licensees of Owners, provided that such vehicles are parked so as to not interfere with any other Owner's right of ingress and egress to his or her Dwelling Unit. Notwithstanding the foregoing, the parking of equipment (lawn or otherwise), inoperative vehicles, motor homes, campers, trailers, boats, any other recreational vehicles and other items on the Property is strictly prohibited unless parked within an Owner's garage (and said garage door is closed) or other enclosed area approved by the Architectural Committee. Loading and unloading are permitted provided such activities do not exceed four (4) hours. In no case shall a garage be used for storage leaving no room therein for the parking of vehicles. The Board may remove any inoperative vehicle, or any unsightly vehicle, and any other vehicle, motor home, camper, trailer, boat, equipment or item improperly parked or stored after three (3) days' written notice at the risk and expense of the Owner thereof. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 Section 4. Compliance With Laws and Waste. No Owner shall permit anything to be done or kept in his or her Lot or Dwelling Unit or any part of the Common Lots which would be in violation of any laws, rules, regulations or ordinances. No waste shall be permitted in any Common Lots, Lot or any Dwelling Unit. Section 5. Signs. No sign of any kind shall be displayed on any Lot or Dwelling Unit without the prior written consent of the Board; provided however, one sign of not more than five (5) square feet advertising the Lot for sale may be installed on any Lot, but the sign shall be removed within five (5) days following sale. Notwithstanding the foregoing, Declarant may display any sign it sees fit on any portion of the Property owned by Declarant. Section 6. Pets. No animals (which term includes livestock, domestic animals, poultry, reptiles and any other living creature of any kind) shall be raised, bred or kept in any Dwelling Unit, Lot or in the Common Lots, whether as pets or otherwise; provided however, that this provision shall not prohibit Owners from having two (2) or less dogs and/or cats (i.e. an Owner may have a maximum of two (2) dogs, two (2) cats or one (1) dog and one (1) cat). The Board may at any time require the removal of any animal, including domestic dogs and cats, which it finds is creating unreasonable noise or otherwise disturbing the Owners unreasonably, inthe Board's determination, and may exercise this authority for specific animals even though other animals are permitted to remain. All dogs shall be walked on a leash only and shall not be allowed to roam or run loose, whether or not accompanied by an Owner or other person. All Owners shall be responsible for picking up and properly disposing of all organic waste of their domestic dogs and cats. SectionT Nuisance. No noxious or offensive activity shall be carried on many Dwelling Unit, Common Lots or Lot, or shall anything be done therein which may be or become an annoyance or nuisance to other Owners. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including the Common Lots, and no odor shall be permitted to arise from any portion of the Property so as to render the Properly or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants or residents, or to any other property in the vicinity thereof or to its occupants or residents. No noise, obstructions to pedestrian walkways, unsightliness, or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or residents or to other property in the vicinity or to its occupants or residents, as determined by the Board, in its reasonablej udgment, or in violation of any federal, state or local law or ordinance. Without limiting the generality of any of the foregoing, no whistles, bells or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Architectural Committee), flashing lights or search lights, shall be located, used or placed on the Property. No unsightly articles shall be permitted to remain on any Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage, garbage cans, trash, trash cans, dog houses, equipment, gas canisters, propane gas tanks, barbecue equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, metals, bulk material, and scrap shall be screened from view at all times. No clothing or fabric shall be hung, dried or aired in such a way as to be visible to any other portion of the Property. In addition, no activities shall be conducted on the Property, and no Improvements shall be constructed on any Property which are or might be unsafe or hazardous to any Person or property. Section 8. Common Lots. The Association shall own and maintain the Common Lots. Nothing shall be altered or constructed in or removed from the Common Lots except upon written consent of the Board and in accordance with procedures required herein and by law. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 Section9. Insurance. Nothing shall be done orkept in any Dwelling Unit, Lot or Common Lots which will increase the rate of insurance on the Common Lots or any other Dwelling Unit or Lot. Each Owner must maintain a homeowner's insurance policy insuring the homeowner from loss by fire, theft, and all other loss or damage. Section 10. Drainage. All Lots shall be graded such that no runoff shall cross any Lot onto another Lot except within applicable drainage easements, if any. Section 11. Construction Equipment. No construction machinery, building equipment, or material shall be stored upon any Lot until the Owner is ready and able to immediately commence construction. Such building materials must be kept within the boundaries of the Lot. Section 12. Damage to Improvements. It shall be the responsibility of an Owner to leave street curbs, sidewalks, fences, utility facilities, and tiled irrigation lines, if any, free of damage and in good and sound condition during any construction period. It shall be conclusively presumed that all such Improvements are in good sound condition at the time building has begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Committee. ARTICLE VII: EMERGENCY MAINTENANCE In the event of an emergency which in thej udgment of the Board presents an immediate threat to the health and safety of the Members, their guests or invitees, or an immediate risk of harm or damage to any of the Dwelling Units or any part of the Property, the Board and its agents or employees, may enter any Lot to make repairs or perform maintenance. Such entry shall be repaired by the Board out of the common expense fund if the entry was due to an emergency (unless the emergency was caused by an Member, in which case the cost shall be treated as a Limited Assessment and charged only to that Member). In addition, if the repairs or maintenance were requested by an Member, the costs thereof shall be treated as a Limited Assessment to such Member. ARTICLE VIII: PRESSURIZED IRRIGATION SYSTEM AND WATER RIGHTS Section 1. Irrigation Water Supply. Potable (drinkable) water will be supplied to the Property by United Water Idaho. Non -potable (non -drinkable) irrigation water will be supplied by a pressurized irrigation system which includes main lines, pumps, sprinkling clocks, service lines, values, and other facilities located on the Property using the existing water right discussed in Section 2 below ("Pressurized Irrigation System"). Declarant shall have the right to sell this Pressurized Irrigation System to the Association at cost and the Association shall have the right to levy Assessments to raise the acquisition cost of such purchase. The Pressurized Irrigation System will be used for all irrigation, including the irrigation of the Common Lots and Lots. The Pressurized Irrigation System will be owned and operated by the Nampa Meridian Irrigation District. By accepting a deed to any portion of the Property, each Owner hereby covenants and agrees to hold the Association and Declarant harmless from any and all liability for damages or injuries to their children, guests, agents, or invitees caused by the Pressurized Irrigation System. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 Section2. Water Rights Appurtenant to Property, Declarant owns the water rights which are appurtenant to the Property and which will be utilized in the Pressurized Irrigation System. Upon conveyance of the Lots to Owners, Declarant will reserve in itself any and all water rights appurtenant to the Property, and accordingly, Owners of any and all Lots shall have no right, title or interest in any of said water or water rights. Declarant will allow the Association to use all or a portion of these water rights for the Pressurized Irrigation System. Section 3. Reservation of Easement. Declarant hereby reserves an easement for all retention ponds, head gates, main lines, service lines, heads, pumps and all other equipment associated with the Pressurized Irrigation System on, over, across, and through the Property to the extent reasonably required to operate and maintain the Pressurized Irrigation System. ARTICLE IX: INSURANCE Section 1. Insurance. The Association shall obtain insurance from insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Association deems necessary or advisable, which shall include, without limitation, the following policies to the extent its is possible for the Association to obtain the same: (a) Fire insurance including those risks embraced by coverage of the type known as the broad form or "All Risk" or special extended coverage endorsement on a blanket agreed amount basis for the full insurable replacement value of all Improvements, equipment and other property located within the Common Lots; (b) Comprehensive general liability insurance insuring the Association and its agents and employees, invitees and guests against any liability incident to the ownership, management, maintenance and/or use of the Common Lots. Limits on liability of such coverage shall be as follows: Not less than One Million Dollars ($1,000,000) per occurrence with respect to personal injury or death, and One Million Dollars ($1,000,000) per occurrence with respect to property damage or such amounts in excess thereof which the Association determines is commercially reasonable and prudent under the circumstances after taking into account inflation occurring after the execution of this Declaration; (c) Such other insurance to the extent necessary to comply with all applicable laws and such indemnity, faithful performance, fidelity and other bonds as the Association shall deem necessary or required to carry out the Association functions orto insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. Section 2. Premiums Included in Assessments. Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. ARTICLE X: COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association all Assessments levied thereby. These Assessments, together with interest, costs, late fees and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 reasonable attorneys' fees, shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the Person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his or her successors in title unless expressly assumed by them. Section 2. Purposes of Assessments. The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Property and for any construction, maintenance, and operation of the Common Lots. Section 3. Uniform Rate of Assessment. Regular and Special Assessments must be fixed at a uniform rate for all Lots. Section 4. Date of Commencement of Annual Assessments: Due Dates. The Regular Assessments provided for herein shall commence as to all Lots on the first day of the month following the closing of the sale of a Lot from Declarant to an Owner. The first annual assessment shall be pro -rated according to the number of months remaining in the calendar year. Subsequently, the Board shall fix and notify all Owners in writing of the amount of the Regular Assessments against each Lot at least thirty (30) days in advance of each annual Regular Assessment period. The due dates shall be established by the Board, which may be annually, quarterly or monthly as the Board, in its sole discretion, shall determine. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specific Lot have been paid. A properly executed certificate of the Association as to the status of Assessments on a Lot is binding upon the Association as of the date of its issuance. Section 5. Effect of Nonpayment of Assessments: Remedies of the Association. A n y Assessment not paid within thirty (30) days after the due date shall bear interest from the date of delinquency at a rate equal to the lessor of twelve percent (12%) or the highest rate allowed by applicable law. The date of delinquency is the date which is thirty (30) days after the due date of any Assessment. Additionally, a late fee of $15.00 shall be added to and charged on each Assessment which is not paid by the date of delinquency. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Lots or abandonment of his or her Lot. Section 6. Subordination of the Lien to Morteasses. The lien of the Assessments provided for herein shall be subordinate to the lien of any first Mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE XI: AUTHORITY OF BOARD OF DIRECTORS Section 1. Authoritv of Board. The Board, for the benefit of the Association and the Owners, shall enforce the provisions of this Declaration and the Association's articles and by-laws, shall have all powers and authority permitted to the Board under the Association's articles of incorporation and by-laws and this Declaration, and shall acquire and shall pay for, out of a common expense fund to be established by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 the Board, all goods and services requisite for the proper functioning of the Association and the Property, including but not limited to the following: (a) Operation, maintenance and management of the Common Lots, including repair and replacement of property damaged or destroyed by casualty loss. (b) Water, sewer, garbage collection, electrical, and any other utility service as required for the Common Lots. The Board may arrange for special metering of utilities as appropriate. (c) Maintenance and repair of storm drains located on the Property, if any, except for those storm drains located on or within the right-of-way of any street, road, alley or other land dedicated to public use. (d) Policies of insurance providing coverage for fire and other hazard, public liability and property damage, and fidelity bonding as the same are more fully described in the by-laws or this Declaration. Each Owner shall be responsible for his or her own insurance on the contents of his or her Lot, his or her additions and Improvements to his or her Lot, and decorating and furnishings, and his or her personal property stored elsewhere on the Property, and his or her personal liability or injury insurance. (e) The services of Persons as required to properly manage the affairs of the Association to the extent deemed advisable by the Board as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Property. (f) Legal and accounting services necessary or proper in the operation of the Association's affairs, administration of the Property, or the enforcement of this Declaration. (g) Any other materials, supplies, labor services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Board is required to secure by law or which in its opinion shall be necessary or proper for the operation of the Property or for the enforcement of this Declaration; provided that if for any reason such materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or Assessments are provided for particular Dwelling Units or their Owners, the cost thereof shall be treated as a Limited Assessment and charged to the Owners of such Dwelling Units. (h) Maintenance and repair of any Lot, including Improvements, if such maintenance or repair is reasonably necessary in the discretion of the Board to protect or preserve the appearance and value of the Property, and the Owner or Owners of said Lot have failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity of said maintenance or repair has been delivered by the Board to the Owner or Owners, provided that the Board shall levy a Limited Assessment against the Lot of such Owner or Owners for the cost of such maintenance or repair. (i) The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the Property or any part thereof, which is claimed to or against the Property, rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it and any costs and expenses incurred by the Board by reason of such lien or liens shall be assessed against the Owners and the Lots responsible to the extent of their responsibility. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -10 (j) The Board shall not make any non -budgeted expenditure in excess of $1,000.00 without the approval thereof by two-thirds (2/3) of each class of Members voting thereon at a meeting called for such purpose, except for an emergency threatening the security of any Improvement on the Property. The Board shall have the absolute right to adopt any rules and regulations it deems to be in the best interest of the Property and the Owners. By accepting a deed to any portion of the Property, all Owners hereby covenant that they will adhere to any such rules or regulations. In addition, the Board shall have the absolute right to hire or otherwise contract with independent third parties to operate, maintain and manage the Common Lots, and to perform any other right, duty or obligation of the Board or Association. Section 2. Easement. The Board and its agents and employees shall have, and are hereby granted, a permanent easement of ingress and egress to enter upon each Lot for the purposes of performing repairs, maintenance and care of the Property as provided herein or for otherwise discharging the responsibilities and duties of the Board as provided in this Declaration. Section 3. Non -Waiver. The failure of the Board in any one or more instances to insist upon the strict performance of any of the terms or Restrictions of this Declaration, or of the Association's articles of incorporation or by-laws, or to exercise any right or option contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of such term, or Restriction, but such term, or Restriction shall remain in full force and effect. Failure by the Board to enforce any such term or Restriction shall not be deemed a waiver of the right to do so thereafter, and no waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed for the Board. This Section also extends to the Declarant exercising the powers of the Board during the initial period of operation of the Association. Section 4. Limitation of Liability. The Board shall not be liable for any failure of any utility or other service to be obtained and paid for by the Board, or for injury or damage to a Person or property caused by the elements, or by another Owner or Person; or resulting from electricity, gas, water, rain, dust or sand which may lead or flow from pipes, drains, conduits, appliances, or equipment, or from articles used or stored by Owners on the Property or in Dwelling Units. No diminution or abatement of common expense assessments shall be claimed or allowed for inconveniences or discomfort arising from the making of repairs or Improvements to the Property or from any action taken to comply with any law, ordinance, or order of a governmental authority. This Section shall not be interpreted to impose any form of liability by implication, and shall extend to and apply also for the protection of the Declarant exercising the powers of the Board during the initial period of operation of the Association and the Property. Section 5. Indemnification of Board Members. Each member ofthe Board shall be indemnified by the Association and the Owners against all expenses (including attorneys' fees), judgments, liabilities, fines and amounts paid in settlement, or actually and reasonably incurred, in connection with any action, suit or proceeding, whether civil, criminal, administrative or investigative instituted by or against the Association or against the Board member and incurred by reason of the fact that he or she is or was a Board member, if such Board member acted in good faith and in a manner such Board member believed to be in or not opposed to the best interests of the Association, and, with respect to any criminal action or proceeding, had no reasonable cause to believe that such Board member's conduct was unlawful. This Section shall extend to and apply also to the indemnification of the Declarant. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -11 ARTICLE XII: ARCHITECTURAL COMMITTEE Section 1. Charter of Architectural Committee. The charter of the Architectural Committee is to represent the collective interests of all Owners, and to help individual Owners who wish to make exterior Improvements. Section 2. Authority of Architectural Committee. The Association and/or Declarant is authorized to appoint the Architectural Committee, Each Owner, by acceptance of a deed for his or her Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to be bound by the terms and conditiong of this Declaration, including all Architectural Committee building and other standards and the process of architectural review. Any decision by the Architectural Committee is Final and binding as to all Owners. Section 3. Architectural Control. No exterior Improvement, including, without limitation, Dwelling Unit, building, deck, patio, fence, landscaping, permanent exterior affixed decoration, exterior lighting or heating, cooling and other utility systems shall be altered, erected, or placed on the Property unless and until the building, plot or other plan has been reviewed in advance by the Architectural Committee and same has been approved in writing, and an appropriate building permit has been acquired, if required by law. The review and approval may include, without limitation, topography, finish, ground elevations, landscaping, lighting, drainage, color, material, design, conformity to other residences in the area, and architectural symmetry. Approval of the architectural design shall apply only to the exterior appearance of said Improvements. It shall not be the intent of these restrictions to control the interior layout or design of said structures. Section 4. Review of Proposed Improvements. The Architectural Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties from time to time as may be assigned to it by the Board and/or Declarant, including the inspection of construction in progress. The Architectural Committee may condition its approval of proposals upon the agreement of the Owner to an additional assessment for the cost of maintenance and the payment of an architectural review processing fee. The Architectural Committee may require submission of additional plans or review by a professional architect. The Architectural Committee may issue guidelines setting forth procedures for the submission of plans for approval. The Architectural Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation floor plans, site plans, drainage plans, elevations, drawings and description of samples of exterior material and colors. Until receipt by the Architectural Committee of any required plans and specifications the Architectural Committee may postpone review of plans. Decisions ofthe Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee, in writing, to the applicant at the address set forth in the application for approval within thirty (30) days after filing all materials required by the Architectural Committee. If the Architectural Committee has not accepted (either conditionally or otherwise) or rejected an Owner's application within this thirty (30) day period, such application shall be deemed approved. Section 5. Inspection ofApproved Improvements. Inspection of work and correction of defects therein shall proceed as follows: (a) Upon completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Architectural Committee. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -12 (b) Within sixty (60) days thereafter, the Architectural Committee, or its duly authorized representative, may inspect such Improvement. If the Architectural Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner and the Board in writing of such noncompliance within such sixty (60) day period, specifying the particulars of noncompliance, and shall require the Owner to remedy the same. (c) If upon the expiration of thirty (30) days from the date of such notification the Owner shall have failed to remedy such noncompliance, the Board may, at its option, exercise its right to enforce the provisions of this Declaration, by any proceeding at law or in equity on behalf of the Association, and may take such other actions as are appropriate, including the levy of a Limited Assessment against such Owner for reimbursement associated with correcting or removing the same pursuant to this Declaration. Section 6. Review of Unauthorized Improvements. The Architectural Committee may identify for review, Improvements which were not submitted to the approval process as follows: (a) The Architectural Committee or its duly authorized representative may inspect such unauthorized Improvement. (b) Ifthe Architectural Committee finds that the work is innoncompliance itshall notify the Owner and the Board in writing of such noncompliance. (c) If noncompliance exists, the Owner shallremedy orremovethe same withinaperiod of not more than forty-five (45) days from the date of the announcement of the Board ruling. If the Owner does not comply with the Board ruling within such period, the Board may, at its option,exercise its right to enforce the provisions of this Declaration, by a proceeding at law or in equity on behalf of the Association, and may take such other actions as are appropriate, including the levy of a Limited Assessment against such Owner for reimbursement of the costs associated with correcting or removing the same pursuant to this Declaration. ARTICLE XIII: GENERAL PROVISIONS Section 1. Enforcement. The Association, Declarant and/or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability, Invalidation of any one ofthese covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. y Section 3. Term and Amendment. The terms and Restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instrument signed by Declarant (assuming Declarant owns one or more Lots) and not less than two-thirds (2/3) of all other Lot Owners. Amendments shall be in the form of supplemental declarations, and must be recorded in the records of Ada County, Idaho. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -13 Section 4. Annexation. Additional residential property and/or Common Lots may be annexed to the Property by Declarant or with the consent of two-thirds (2/3) of each class of Members. Annexations shall be accomplished by supplemental declarations to this Declaration recorded in the records of Ada County, Idaho. Section 5. Duration and Applicability to Successors. The covenants, conditions, and restrictions set forth in this Declaration shall run with the land and shall inure to the benefit ofand be binding upon the Declarant and all Lot Owners and their successors in interest. Section 6. Attorneys Fees. In the event it shall become necessary for Declarant or any Owner to retain legal counsel to enforce any term, covenant, condition, or restriction contained within this Declaration, the prevailing party to any court proceeding shall be entitled to recover their reasonable attorneys' fees and costs of suit, including any bankruptcy, appeal or arbitration proceeding. Section 7. Governing Law. This Declaration shall be construed and interpreted in accordance with the laws of the State of Idaho. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 2007. Gemstar Properties, L.L.C., an Idaho limited liability company 0 By: Jeff Hebert, Manager Steve Schmidt, Manager DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 STATE OF IDAHO ) ss. County of Ada ) On this day of 2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Jeff Hebert, known or identified to me to be a manager of Gemstar Properties, L.L.C., the person who subscribed said company name to the foregoing instrument, and acknowledged to me that he 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 Public for Idaho Residing at My commission expires: STATE OF IDAHO ) ss. County of Ada ) On this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Steve Schmidt, known or identified to me to be a manager of Gemstar Properties, L.L.C., the person who subscribed said company name to the foregoing instrument, and acknowledged to me that he 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 Public for Idaho Residing at My commission expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -15 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lots 1 through 7, Block 1; Lots 1 through 22, Block 2; and Lots 1 through 3, Block 3 of Sundial Subdivision, according to the official plat thereof, filed in Book of Plats at Pages through Records of Ada County, Idaho. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -16 EXHIBIT B LEGAL DESCRIPTION OF THE COMMON LOTS Lot 5, Block 1; Lots 6 and 22, Block 2; and Lot 3, Block 3 of Sundial Subdivision, according to the official plat thereof, filed in Book of Plats at Pages through , Records of Ada County, Idaho. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -17 EXHIBIT C SUNDIAL SUBDIVISION FINAL PLAT See attached. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -18 ■ Stanley Consmltants TO: Sonya Allen City Planner Meridian City Of P&Z 660mF--Watertower, Ste 202 Meridian, ID 83642 SUBJECT: Final Plat App (PP -06-060) WE ARE SENDING YOU THE FOLLOWING ITEM(S): DATE: PROJECT: LOCATION: PROJECT NO.: CONTRACT NO.: June 8, 2007 Sundial Sub 19708 TRANSMITTAL ❑ ATTACHED ❑ UNDER SEPARATE COVER FX HAND DELIVERED F–] VIA FAX VIA EMAIL THESE ITEMS ARE SUBMITTED: 1-1 AT YOUR REQUEST FX FOR YOUR APPROVAL ❑ FOR YOUR FILES ❑ FOR YOUR INFORMATION ❑ FOR YOUR REVIEW AND COMMENT ❑ FOR YOUR SIGNATURE ❑ FOR YOUR USE ❑ OTHER QTY. DESCRIPTION 1 Complete & signed Commission & Council Review Application 1 Narrative fully describing the proposed project 1 Legal Description (metes and bounds) 1 Recorded warranty deed for the subject property ' 1 Affidavit of Legal Interest signed & notarized by the property owner 1 Scaled vicinity map showing the location of the subject property 1 Fee $1,664.00 1 Statements of conformance with city action numbers in above Narrative 1 Copy of the approved preliminary plat (8 %2 X 11) 1 Copy of the "final" Ada County Street Name Evaluation Letter 1 Detail of proposed amenities (tot lot and barbeque area) 2 sets Construction Plans 1 set Storm Drain Calculations I Engineer's signed, stamped statement certifying centerline elev. (w/Geo Tech Report) 32 Final Plat copies folded (18 X 27) 1 Reduction of Final Plat pages 1 & 2 (8 1/2 X 11) 4 Signature sheet of final plat folded (18 X 27) 3 Landscape plan full size folded I Reduction of landscape plan (8 1/2 X 11) I Disk in Auto Cad format of final engineering plans I PDF version of Preliminary Plat, Final Plat and landscape plan John Bilderback,P.E. DISTRIBUTION: by don woods 1940 South Bonito Way • Suite 140 • Meridian, ID 83642 - phone 208.288.0573 • fax 208.288.0574 email: info@stanleygroup.com • Internet: www.stanleyconsultants.com SC5021 R30107 ■ 3