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KB Welding AppGle,~r<<s .. E IDIAN*:~-- IDAHO June 2, 2008 Terry Peugh Idaho Survey Group 1450 E. Watertower #150 Meridian, ID 83642 MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba ~~~ ~~ ~~`1~~ ~~°-~~`~ y. V~ ~ ~ ~~~ d .~~ ~'~ l ~' ~ 2~Q8 cir~, co~ tijF~~~~q ' ~R~ C~,c~.~ N . ,~ RE: Proposed Property Boundary Adjustment for KB Welding (1970 W. Franklin and 1881 W. Marcon Lane) Dear Mr. Peugh: I find that your request for a property boundary adjustment on the property referenced above complies with Unified Development Code (UDC) 11-6B-8. I am granting approval of the property boundary adjustment as requested by the applicant subject to completion of the following conditions per UDC 11- 6B-8C2: a. Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada County Assessor; and, d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the Director. Upon receipt of these items the application shall be complete. e. The applicant or owner has one year to complete the above conditions of approval. If you should have any questions regarding this matter, please don't hesitate to call me at 884-5533. Sincerely, ~~ Sarah Wheeler Assistant City Planner cc: Meridian City Engineer Planning Department . 660 E. Watertower Street, Suite 202, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org CITY OF MERIDIAN PLANNING & ZONING DEPARTMENT LETTER OF TRAN5MITTAL May 21, 2008 To: Bruce Freckleton From: Sarah Wheeler, Assistant City Planner Subject: 1970 W. Franklin and 1881 W. Maroon Lane. Property Boundary Adjustrnent .,Enclosed are the ~~ 1 ~ ~ Property Bounda.ry Adjustment Application ~~ These are transmitted: ^ For your ^ For action ^ For review ^ For your use ^ As requested information specif ed below and comment Remarks: Bruce, The Application appears to be complete. Please return the application to Planning when your review is complete. It's very exciting.... Thanks, Sa~ah '' ~ Copy to: File Signed: ~,,- 660 E. Watertower Ln., Ste. 202 Meridian, Idaho 83642 (208) 884-5533 Fax (208) 888-6854 ~ l~N f~' 3~' "~ ' ~'~ g -~~ ~'(.y:: R- C:i':'YO~ ~~ j`~~ ., ._ ....c""..::a _.~...~~s. ~'11f~1~'12 ~' ~~ ~' ~T n')~\Hp ~% t ~~`~^. ~ a~n, ~_~,r.:~_~ ~,-:~~---' - - ''i~~, Planning Department PROPERTY BOUNDARY ADNSTMENT Application Checklist Project name: ~ ~ F;Te.#:~ Applicandagent: All applications are required to contain one copy of the following unless otherwise noted: an ~~r n~P~l~~a t~ "~ '~° ~'~ Si4 £ t k~, ;~k ~~7~~~, ~ ~~s ~ il,~ :.c.'~t c '~. wn4 ~: ~' ~ Ja ' t'~'~~'~ ~.~s ~ i •!~ ~ ~~~~ ~~ ~~~~ u ~ w~« ~ ~ Gy„g~ ~~ ~ , ~~ ~~, '; ~ ~,~ ~, ~fl ;.t~ .i?~ ~~~~t+~,,k ~IrNe ~ y ~i "Y~' ~.. 3A: f ... f 5~~ h3i'•$ ~ j. vt 'i' s ~ ~ Y ' ~ I~ `0~ ~ `' ~ ~ ..t p~ ? e,i ~ ., P ~ ~ ~ $ ~ ~y ~~ ,~ , ~i 2 { t ~~~~e ~,~ s~.'IC' h 2 ~ $' "3+ ~r fl ~$~~~ 9~,' ~~ . 34 d ~' ,~ r't ~ ~~ c.~. ~ yt`~'~ ~ ~ ~'~ t . z ~S'd~~' .r~ i~ h~st ..: ,> k '~ ? ~ = •~~ ' ~ ~ a ~ ~' ~ ~ ' ~ '~ ~ l.. a ~ I:: . u ~- a~., , ..~ a a k :..:t, , s-,~uQ a cw,a ..,d .. -_ . a~. ~: ~~ ,+e i., ,~ ~3es& .:1 w~:~. ~, ~.o TM wu ~ rot 3 IVr . Te, & .r x . "a ~d~E ~ ~ / Com leted & signed Administrative Review A lication ~`" ~'~'"~ ~ Narrative full describin the re uested ro ert boundar ad'ustment '~'~"" ~~' ` / Le al descri tion (metes and bounds) of the new ro er boundaries and closure sheet / Recorded warrant deed for the sub'ect ro ert . Affidavit of Legal Interest signed & notarized by the property owner (~f owner is a corporahon, - / ~ submit a co of the Articles of Inco oration or other evidence to show that the erson si nin is an authorized a ent.) ~a ~ Scaled vicinit ma showin the location of the sub'ect ro ert / Existin recorded lat in which the sub'ect ro ert lies (81/z" x 11") (if a licable) ~,~,,,~ ~ ~ Existin Record of Surve s used and/or referenced (8'/z" x I1") ~~ ~' ~ .a~°. ~ Record of Survey ( a er co y) `~ -~ Fee Properry bounclary adjustments are allowed for the adjustinent of property lines between existing propenies, and to allow for the reduction in the number af buildable lots. A properry 8oundary adjustment does not vacate the platted lot lines or easements of a reeorded subdivision (UDC 11-6B-8). APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITI'ED. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 3/25/08) s, ,: ~,?•~.'`:~. tr,'# . ~T..nvna i~~kt.tTik' ~'"~'~c%r ~~~i«n ~'f ~~~.~~~~ ;~ ~;, ~: : a__...._, .~~.:== - ~,.. Planning Department ADMiNISTRATTVE REVIEW APPLICATION Type of Review Requested (check aIt that apply) ~ Accessory Use ^ Alternative Compliance ^ Certificate of Zoning Compliance ^ Conditional Use Pertnit Minor Modification ^ Design Review ' ^ Private Street ~'xoperty Boundary Adjustment ~~ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension {Director) 0 Vacation ^ Other Aanlicant Information Applicant name: _T~ -'~',,~a--~~t~-~- Applicant address: 1~'Z~ ~~ ~i+~-~~ 1 r STAFF USE ONLY: File number(s): (~/ ~~~' ~~ ~ Q~~ Project name: Date filed: Date comp ete: Assigned Planner: S~~ 1~L~r Related files: Phone: ;/. ~ "(~7 `y Zip: ~~~~~2..- ApplicanYs interest in property: ~Own ^ Rent ^ Optioned ^ Other ~ Ownername:"~- ~ ~~s--~~a:~- `/~-'~ Phone: ~ "'"~~~ Owner address^'~'~*-~~.. ~ ~~ ( ~ j ~'~~- ~ Zip: ~~la~ ~ Agent name (e.g_, architect, engineer, developer, representative): ~~--~~+~'~ F~+ ~~~~5 Firm name: 1~ ~~~'~ ~''D~>~ Phone: ~"AO~3~~ Address: ~ ~ O .~ 1~' li-'~-C'~`~'t,~='Z.~ ~ ~~ Zip: ~~~c ~~ Primary contact is: ^ Applicant ^ Owner'~gent ^ Other Contact name: ~~_~ Q~ E-mail: ""~p~~~' _~OCO~~~1~~ U:rl,4P~ ,._ C~ Phone: ~"C~ '~~~~ Fax: ~S~"~c~~ L~'( Subject Property Iuformation Location/street address: ~ "l,~.C~ l~'~ • ~~~-~lt ~n G~-~'`t%~ `~'~~ ~ ~ ~Y'' ~-'~" Assessor's parcel number(s): Z~~.~~~ ~ G~-+~ ~J ~'77_~( ~~ fn.~~ Township, range, section: Current land use: _~ ~ Total acreage: ~~~f C~~ ~~ ~~~ C'~G Current zoning district: ~ -~' L 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 9/21/06) r. r Projectlsubdivision name: General description of proposed project/request: Proposed zoning district(s): Acres of each zone proposed: ~~_ a`f-'~-~~--~. Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office -~ndustrial ^ Other Amenities provided with this development (if applicable): 4P`~-- Who will own & maintain the pressurized irriga6on system in this development? _ Which irrigation district doas this property lie within? ~~~~ Primary irrigation source: ~- Secondary: ~.- Square footage of landscaped areas to be itCigated (if primary or seconaary point of connection is Ciry water): ~~ Residential Project 5ummary (if applicable) ~ ~`~°"'- Number of residential units: Nurnber of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-farnily developments only): I Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: _ Minimum property size (s. fl: Average properly size (s.f.): Gross density (DU/acre-totat land): Percentage of open space provided: Percentage of useable open space: Net denSity (DU/acre-excluding mads & alleys): Acreage of open space: (See Chapter 3, Article G, for qua(ified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^ Single-family ^ Townhomes ^ Duplexes ^ Multi-family Non-residential Project Summary (if applicable) ,~ ~_ ~ ~~~ ~ Number of building lots: 2- Other lats: "'A'~' Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Paving: Total number of employees: Ma~cimum number of employees at any one L•ime: Number and ages of students/children (if applicable): Seating capacity: Percentage of site/project devoted to the following: Landscaping: Building: Total number of parking spaces provided: Authoc3zafion Print appticant name: Applicant signature: , 660 E JF~ Phone: (208} 884-5533 Number of compact spaces provided: i ' Date: ~ erto er Lane, Suite 2U2 • Meridian, Idaho 83642 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Project Description IDAHO SURVEY GROUP Project No. 08-067 145d East Watertower St Suite 150 Meridian, Idaho 83642 Phone (208} 846-8570 Fax (208) 884-5399 May 12, 2008 Parcel A Martin Swigert, LLC A parcel of land located in the East 1/2 of the SE 1/4 of Section 11, T3N., R.1 W., B.M., Ada County, Idaho, more particularly described as follov~s: Commencing at the corner common to Sections 11, 12, 13, and 14, T.3N., R.1 W., B.M.; Thence along the section line common to said Sections 11 and 14 South 89°16'00" West, 1172.00 feef; T'hence departing said line North 00°58'S5" West, 711.36 feet to a point in the Center of the Eight Mile Lateral, common to the Northwest corner of Cafarelli Subdivision No. 2, as same is recorded in Book 91 of Plats at Page 10777, records of Ada County, Idaho; Thence continuing North 00°58'S5" West, 21.02 feet to the REAL POINT OF BEGINNING. Thence continuing North 00°58'S5" West, 763.87 feet to a point on the South right-of- way of the Oregon Shortline Railroad; Thence along sazd right-of-way North 89°59'30" East, 573.58 feet; Thence departing said right-of-way South 00°58'S5" East, 1179.63 feet to a point in the Center of said Eight Mile Lateral; Thence along the Centerline of said Lateral the following courses and distances: North 70°22'01" West, 86.56 feet; North 81 °52' 16" West, 190.81 feet; North 67°14'36" West, 30.85 feet; North 46°45'S1" West, 37.69 feet; North 40°10'S7" West, 40.07 feet to the Northeast corner of said Cafarelli Subdivision No. 2; Thence departing said Centerline North 00°58'S5" West, 21.89 feet; Thence North 40° 16' 18" West, 352.94 feet to the Point of Beginning. Containing 13.72 acres, rnore or less. Prepared By: Idaho Survey Group, P. ! 4431 s~,~=~~-~~ o o q~'F o F ~a~'~~ ~~~~~i~ g~! 0 ~ Pro fessfonal Land Surveyors r p PROJECT: DESCRIPTION: FILE: junk.cgx UNITS: U.S. SURVEY FOOT INSTRUMENT SETUP Instrument point: Backsight point: Backsight Bearing: Remarks: ~'AP.~~2„ ~k cw5c~2-~ Monday, May 12,2008 7.1:55 AM PAGE 1 15 969.0499 471.9600 15 969.0499 471.9600 N 00°00'00" E Distance: 0.00 TYPE FROM TO DIRECTION DISTANCE NORTHING - EASTING ---- INV -- ----- 15 ----- 4 ---- N ---- 00° --- 58' ---- 55" - -- W -------- 763.88 --------------- - -- 1732.8152 ----------- 458.8692 INV 4 5 N 89° 59' 30" E 573.58 1732.8986 1032.4492 INV 5 6 S 00° 58' S5" E 1179.63 553.4419 1052.6649 INV 6 7 N 70° 22' Ol" W 86.56 582.5256 971.1371 INV 7 8 N 81° 52' 16" W 190.81 609.5062 782.2443 INV 8 9 N 67° 14~ 36~~ w 30.85 621.4396 753.7958 INV 9 10 N 46° 45' 51" W 37.69 647.2573 726.3371 INV 10 11 N 40° 10' 57" W 40.07 677.8705 700.4830 INV 11 14 N 00° 58' 55" W 21.89 699.7573 700.1078 INV 14 15 N 40° 16' 18" W 352.94 969.0499 471.9600 Closure Closing line: N 00°0 0'0 0" E 0.00 from 15 to 15 Latitude (N): 0.00 Perimeter: 3277.90 Departure (E): 0.00 Error of Closure: 1:32779021774 Area: 5 9778 4.2 3 Square feet 13.7232 Acres - ~ , IDAHO SURVEY GROUP Project No. 08-067 Bartlett Parcel B 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 Phone (208) 846-857Q Fau (208) 884-5399 May 12, 2008 Lot 6, Block 1 of Cafarelli Subdivision No. 2, and a portion of the SE 1/4 of Section 11, T.3N., R.1 W., B.M., Ada County, Idaho, as same is recorded in Book 91 of Plats at Page 10777, records of Ada County, Idaho, more particularly described as follows: BEGINNING at the Northeast corner of said Lot 6lying in the Center of the Eight Mile Lateral; Thence South 00°58'S5" East, 175.30 feet to the Southeast corner of sad Lot 6; Thence South 89°16'00" West, 203.50 feet to the Southwest corner of said Lot 6; Thence North 00°58'S5" West, 423.93 feet to the Northwest corner of said Lot 6; Thence North 40°10'S7" West, 31.64 feet to the Northwest corner of said Cafarelli Subdivision No. 2; Thence North 00°58'S5" West, 21.02 feet; Thence along South 40°16'18" East, 352.94 feet; T'lience South 00°58'S5" East, 21.89 feet to the Point of Beginning. Containing 1.51 acres, more or less. Prepared By: Idaho Survey Group, P.C. ' ~ ~~ ~' ~'~, 5~-IL~L~ ~ ~;>~ ~~. ~ ~ ~r~.y`~ . !~ ~~~ e ~~~i D. Terry Peugh, PLS Pro fessional Land Surveyors PROJECT: f~'~f-Z- Q GC-0SI~-~ Monday, May 12,2008 DESCRIPTION: 11:49 AM FILE: junk.cgx PAGE 1 UNITS: U.S. SURVEY FOOT INSTRUMENT SETUP Instrument point: Backsight point: Backsight Bearing: Remarks: TYPE FROM TO INV 1 2 INV 2 3 INV 3 15 INV 15 19 INV 14 12 INV 12 13 Closure Closing line Latitude (N) Departure (E) Area 1 500.0000 500.0000 1 500.0000 500.0000 N 00°00'00" E Distance: 0.00 DIRECTION DISTANCE NORTHING EASTING N 00° 58' 55" W 423.92 N 40° 10' 57" W 31.64 N 00° 58~ 55~~ w 21.02 S 40° 16' 18" E 352.94 S 00° 58' 55" E 197.19 S 89° 16' 00" W 203.50 923.8577 492.7351 948.0305 472.3202 969.0499 471.9600 699.7573 700.1078 502.5963 703.9871 499.9917 500.0038 S 24°39'02" E 0.01 from 13 to 1 -0.01 Perimeter: 1230.22 0.00 Error of Closure: 1:135122 65767.47 Square feet 1.5098 Acres N O o r + o o• o~ a m ~ ~ w ~ U 1 m . o tn ~ .~ . . 3~ ~ p 0 i ~ C UN~m . ~ » o - n n ~ o ~~ nS .yNN a ,o a 3 9 ~ N ~ ~ - n I \N`~a OJTm y '~" ~ > > V O I \ N-~+m ~ P C ' I o~` N~(np N E > > ~ ; ~ ' ~() ~ OGi. 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N0038'S5'W ~§rL3fL---~-"--~~ ~ yy,so' •~ a]soo- + T n.~__~__-__~~~•~~~._ i+e.~s' 4 9' ~ •9• 2 OD _' N OOSb 55' W O 5. ~ 20.00' I N 0039'S5' W L./ ~ ~ ~~ ; ! ~g 1 ~ ~ ~ t, ' ' ~ ~i ~ // m %' ~~s I I ~ ~ ~ I ~° ~ ~ lo~ ~~gss : ~ I ~~~ i~/ ~ . . ~ ~ ~ ~ ~ ~ ~m + ' q ~ , ~~~ I~ l.f. ~m~ o~ n 1 I~ ~~9'•}. ~~i~ i~ o' ~~ ~~ O ~> g ~ j I ~ ~ ~ O ~~ i ~ : EI ~~YI~ I ~ ~~g 4~ ~ $ ~ IN I ~~ ~~ ~a,,y~ > $m~ I $In ~ I m.~ 9 I ~ ~ g ~ ~g i ~% , y~ ~ ~ ~ ~ ~ ~ ~ 1 ~ ~ I~ i~i ~ ~ 'g'~cI~ !'h li^~ ' ~~~ I xjT~ ~--------->~ ~ ~ ~ ~.t$zG ~ Y~~ I $ I i ~!~ ~1 ~ . ~~AN 1 ~ ~ ~~ i ~ ~ ~ i ;. w C ~~ b~ ~~'' -~ I, LN ao~se_ss_ w 1 W.49' ~ ~ x ~f ' ~ ~L r--------- ~ ~ ~ ~ ~ ^t ~ '~ ~---~¢oo~. . 1 naio' ~~.~._.._~' . ~bCo I o~~ 500'S8'55E-- - ~-_ ~~ ~ 'C'~f L`i ~ u° F~1 ~ ~n g • K~~ ~~ ~ ro ~~ I ~ y CAFARELU ~ bp ~M y ~`: I 4 y . SUBDtV190N o~~~ b W W ~~ a ~~ e ~ :. i ~ ~ -.- c . : y ~ ~ Q ~„~+ 4] ~~ ~ ~ f~7i4 ~ ~' ~,f~ GGcz nt~cf F~1 E. f 0 A ~ m ~~~ ~ .N: t/1 ~ ~ ~ ~ ~x ~ I SuN;~ ~'~ _ ~'~ . _ . ~N. LINOER ROAD -~-Q- ° J e ~ H f~ H ~ N00'S9~07'W 2845.99• ' " fn I-' qF(''~!y ~~p00~~~ ~i W I IJ '.°~ N+ P"Y: ~ O. 0 oG O ~ • o~ ~ ~ °o pg ~ ~ ° ,a z s ~ S.. .. .. .. ,. ,. ~ ~ c z 0 ~yo S va e~ ~ 4~ ~'~ ~~ ~~m ~Q~ € ~ ~ ~~ ~ ~ i TYi/A ~+ ~ ~a ~~0 7; ~~~ $~y~~ s~; ~~ ~ ~ ~Gp~~~ . ~m ~ ~~ ~,v6'> ~~ ~~~1 ~~~q~p~ ~~Y ~tl ~~Q y ~S ~3y ~g~ ti4 ~nin v~£Aiti ~' p~ ^1G kp~~ 3F ~ BQ ~~£ ~~ ~~ ~~4~~ Q~~~ ~~ ~a~ ~ L 0 g $$ +F ~ ~~ s~l~ ~g €4 ~M~~~ F~m ~y ~~ C t o : m ~ g~ ='~~ gQ ~~ 4Q~€~ a~g ~ g~ ~ ;~ ! ~ _~ ~$s ~~ o~ '~p~~ ~~ € ~~ D o I N Q ~g ~,~~ > o ~ ~o ~ - • • O A O ~ i I I ~ ~ ~~ ~~~ 9~ ~~ 'F~~~~ ^~ ~ 7~ z o e ~~~+ ~'.~ ~~ ~s~ 3b ~~ 4 R3 ~"' ~, ~ ~ ~ ~ ~ ~ ~~ ~+o~ y~ ~N ;~~H~Q ~~ ,~ 4R m o ~.. ~ ~ ~ ~y ~ ~ ~ ~ ? ~F ~ ~ b ~ ~ ~ r ~ ~ m C o m ~ ~~ ~ ~ ~ ~ g s ~ ~ ; ~~^ ~o ~~ B~gN° ~~ ~ ~~~ a~ ~~ ~'a~~ ~~~ ~~ ~_~~~ ~ ~>~ ~ ~ ~ °. Z "" . v ""' ~`~6 S '~" 9. ~ ~ m ~ ~ ; o ~ ~iY ~~ ' ~z~> E~ s ~ o ~ m rC ? ~~ ~A ~ $ ~ o ~ R N~~ ~;, ~~ 4°.m~ ~ y }~ ~ x ^t o Gg ~g = ~ ~ $ ~ ;; ~~ ~~ ~ ~~~ s~ ~ _ ~ ~ °°-' ~~~~~ ~ '" ~ ~ ~~ ~R ~~ ~g~ ~ ~ ~ o ~ ~ ~i ~> >; a4 _ ~ ~ ~ 4 ~ ~ ~e~ 04 N~ ~ p O _ .,~~ `~ 8 gm ~ €~ : t ~~ ~ ~ Q ~ ~ ~ ~~ p "a ~~ o ~ ADA COUNTY RECORDEA J. QAVlD NAYARRO AMOUNT 30.00 10 BOISE IDAHO 03I2~5108 06:53 AM DEPUTY Vicfd A(len RFCORDED-REQUE~ OF ff( (IIIIItiII II III I II III II Nampa Meridian irrigation Qis! 1~$~~~~~`~ LIC~NSE AGREEMENT LICENSE AGREEMENT, made and entered into this ~~ day of pn.~.~ , 2008, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and KELLY R. BARTLETT, a married man as his sole and separate property, 2910 Bo Daniel Lane., Narnpa, Idaho 83687 party or parties of che second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real properfy (burdened with the easement of the District hereinafter rnentioned) particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the ditch or canal known as the EIGHT MILE LATERAL (hereinafter referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the ditch or canal, and access the ditch or canat for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, ~he Licensee desires a lieense to engage in eonstruction or activity affecting said dicch or canal or the DistricNs easement in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its ditch or canal and its right of way along its ditch or canal; NOW, THEREFORE, for and in consideration of the promises and of the covenants, agreements and conditions hereinaiier set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the ditch or canal or eneroach upon the District's easement along the ditch or canal in the manner described in the "Purpose of License" attached hereto as Exhibit C and by t[~is reference made a part hereof. Any modification of che ditch or canal by the Licensee or encroachment apon the District's easement along said ditch or canal shal] be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any pians or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhii~it C. Licensee shal] only be permitted or allowed to modity the ditch or canal or eneroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee 'shall not alter the ditch or canal or perform any construction within or affecting the District's ditch or canal and easement in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shal] be constructed; installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrEes to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easernent so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation wafer in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other inerease in the ]oss of water from the ditch or canal; _ d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee`s construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easernent and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and~the District's engineers, and that final acceptance of such work shall not be made until all such work and rr~aterials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agteement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the Districc for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maincenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under fhe circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party againsc the District far failure to exercise che options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph,except for claims arising solely LICENSE AGREEMENT - Page 2 out of the negligence of the Districl. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shal.l be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execucion of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall oecur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the Dislrict in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landseaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discha€ge, cbnstruct or place any structures, pathways or Iandscaping within the District easement without the prior written consent of the District. 12. Shouid either party incur costs or attorney fees in connection with efiorts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to granc any rights in its irrigation works and sys~em incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according io such principles. 14. Nothing herein contained shall be construed !o impair the right of way of the District in the said di[ch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor LICENSE AGREEMENT - Page 3 shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its ec~uiprnent for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negoliations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incuned in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party, 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remainingprovisions of this agreement shall remain in full force and effect. 20, The word "Licensee", if used in the neuter in this agreement, includes the rnasculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. ""` `~ NAMPA & MERIDIAN IRRIGATION DISTRICT ;"~. ~~` ~,i`.W„_ti'~jf'~''. e , `v"-."~./" ~ ,~' : :~'~ 't.y ~/ `~'~'~`',~- "~9~ ~+~g~a q ~ ~ ~'~~t V~'~IW~~`.~ i~ ~ B y,~^~,~, C7~~~ ~ °~ ~ y Its President R ~ ;~ ~~: ~ ~ . °.~ ATTEST: ~~:„. ~~~~,~. _ u Its Secretary LICENSE AGREEMENT - Page 4 { i� '��` a •� �.,� ��' _ � � � :. a„� s 3 a •. a �. ".i+ �.. .,a _ nr� �� :15.�#.2`,. z5r._,'ens e Exhibit B EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct and install 320 feet of 60" RCP pipe in the Eight Mile Lateral, all within or near Licensee's property described in Exhibit A located northwest of the intersection of Linder Road and Franklin Road in Ada County, Idaho. No other construction or activity is permitted within or affecting the Eight Mi(e Latera( or the District's easement. EXHIBIT D ~ecial Conditions a. The construction described in Exhibit C shall be in performed in accordance with those portions of certain plans consisting of one sheet: sheet 1 of 1 entitled "KB Welding, Eight Mile Lateral, 60" Pipe," bearing engineer's stamp dated January 31, 2008. These plans have been delivered to the District, are in its possession in the District's offices and are incorporated herein by this reference. b. Licensee shall notiTy the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains on[y to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of tit~e to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. The pipe, installation, and backfill shall, at a minimum, meet the requirements of the District and standard specifications for such materials and construction, as set forth in the Idaho standards for public warks construction or other standards recognized by the city or county in which the pipe is to be placed. e. With respect to the piping of the Eight Mile Lateral, the District shall continue to have the right and responsibility for operation and maintenance of the piped portion of the Eight Mile Lateral, however, the Licensee shall be responsible for operation and maintenance associated with the Licensee's piping o~ the Eight Mile Lateral, including rehabilitation or replacement of the pipe and rehabilitation of the District's easement for a period of three years from the date of this Agreement. Maintenance shall include, but not be limited to, the removal and disposal of silt, gravel, plan[ material, and all trash and debris which may accumulate in the pipe. Repairs shall include, but not be limited to, all repairs necessary to preserve the structural integrity and unohstructed flow of water through the Eight Mile Lateral and prevent the loss of water from the Eight Mile Lateral. If the Licensee shall fail in any respect to properly opcrate, maintain and repair such portion of the Eight Mile Lateral, then the District, at its option, and without impairing or in anyway afl'ecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable LICENSE AGREEMENT - Page 6 notice to lhe Licensee priar to the District's performing such maintenance, repair or other work except that in cases of emergency rhe District shalI attempt to give such notice as reasonable under the circamstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harrnless and defend lhe District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the District. f. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, as may be applicable under the subject matter, terms or performance of this agre.ement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the sabject of this agreement. g. Licensee hereby indemnifies, holds harmless and shati defend the Discrict from any and all penalties, sanctions, directives, claims or any action taken or requiremene imposed by any party or entity, public ar private, with respect to environmental matters relating to the subject matter, terms or performance of this agreernent unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , action:or requirement. h. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District forrn all eosts and liabilities associated with such permit and other requirements, including but not limited to alI costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. i. The parties to this agreement recognize this license agreemenl is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise lega] or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of ehe State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmenlal agencies. j. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easements, nor perform any construction or activity within the DistricYs easement for the Eight Mile Lateral except as referred to in this agreement or exhibits thereto without the prior wrilten consent of the District. Specifically, Licensee agrees that it shalt not install a roadway or fence within the District's easement without the District's prior written consent and that this License Agreement is only for the piping described in Exhibit C. , : k. Licensee acknowledges and confirms that the District's easement for the Eighl Mile Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, rnaintain and repair the Eight Mile Lateral, and to access the Eight Mile Lateral for said purposes and is a minimum of 8~ feet, 40feet to eicher side of the centerline. LICENSE AGREEMENT - Page 7 of the essence. The piping of the Eight Mile Lateral shall be completed prior to March 30, 2008. Time is LICENSE AGREEMENT - Page 8 J 2.~1'1~5 --:~.-~ ~ ~ t .~ A Pioneer Company PIONEER ZTTLE COMPANY OF ADA COUNTY 8I51 W. Rifleman Ave. / Boise, Ideho 83704 (208) 377-2700 ADA COUNTY RECOROEfl J. DRUID NAUAflRO ' B015E IDAHO 06130104 01:42 PM DEPl1TY Ifieki Allen flECOROED-RE~UEST OF Pioneet 104083210 RMOUH[ 3,00 WARRANTY DEED For Value Received Thomton Family Limited Partrtetship hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto R. !{eily Bartlatt, a married man as hie sole and aeparate property hereinafter referred to as Grantee, whose current address is 2g10 Bo Daniel Ln. , Nampa, ID 83687 the following described premises, to-wit: Lot 1 Block 1 Cafereqi Subdivision, according to the plat thereof, fited in Sook 81 of Plats at Pages 8868 and 8869, records of Ada Counry, Idaho. To HAVE AND TO HOLD the said premises, wlth their appurtenances ueW the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, thet Graator is We owner in fee simple of said premises; that said premises ere free from ali encumbrances except current yeazs taxes, levies, and assessments, and except U,S. Patert reservations, resRictions, easements of record, and easements visible upon the premises, and that Granror will warrant and defend the same from all claims whatscever. " Dated: June 25, 2004 T ton Family Limited Partnership By. ~ ~ _~ Don R. Thomton, Partner ~ STATE OF IDAHO, County of Ada, ss. On this 25ih day of )une, in the year of 2004, before me the undersigned, a notary public personally appeared Don R. Thornton known or identified to me to be one of tha partners in a partnership, of Ttiomton Family Limited Pazfiership and the partner or one of the partners who subscribed said partnership name to the foregoing insWmen4 ~d acknowledged to me that he executed the sarne in said pazfiership name. ~~` esiree A. Egusquiza Notary Public of IDAH ,,,~~~~~~~~p~ Residing at Nampa, ID ~~o` ~ A. EG~.~ Commission expires: March 9, 2006 > y`gti •'~~°"•,. Pp . q ;' ~,or.aRy 'i a~' °•_ ' "UBLtG i t ~'~ ~.a ~.f,~0 ,= '•. 9 • ..• . ''••.;~eOF 1D~.r` Exhibit pi KELLY R. BARTLETT, a married man as his sole and separate property, ~ e ly R. Bart ett STATE OF IDAHO ) ) ss: County of Canyon ) On this ~ day of mU.~~- , 2008, before me, the undersigned, a Notary Public in and for said 5tate, personally appeared Monte Janicek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation dislrict that executed the foregoing instrument and acknowledged to rne that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, lhe day ruooe and year in this certificate fir~` ~R~v~~o,~~ m,Rw ~ OpQ•sb~eaa•Q~ O~ ee+e ~• ..•~Q~,Q~y°.~ ~~ G~it~.~.~. ~'1'I - ~o (/x a a Notary Publi for ldaho • M e~ o ~°•° ~''~ g Residing at , Idaho ~ ~a ~ U~~,~.~ ~° ~ My Commission Expires:__~a C~ 1?~ e, J, .a ~~o em a ~ • so STATE OF IDAHO )SS°a.oo ~+F,°~°g i~Q `rs,e~ County of -~Pil... ) On this ~ day of ~' "`Q~~ , 2008, before me, the undersigned, a notary public in and for said state, personally appeared KELLY R. BARTLETT, known to me to be the individual that executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and a~e~l,~~o8ficial seal, the day and year in this certificate first above written. ^~~.,,~~ ~~;,~~~~~t°sgo~, Notary Pub Residing at My Commi ~~ ~ :ti, ~,'°~~~' , ~' ;~ '~t~~r,y.^.,qa°' ^^~ ~ `<y ~, ., 1- 7 y .'J i{.,. + .•' C~i3 r . . .y.. • ....}•~=+~; ~~~:~ LTCENSE AGREEMENT - Page 5 QUITCLAIM DEED FOR VALUE RECEIVED, ELAINE MARTIN, an unmarried person, ("Grantor") does hereby quitclaim, transfer and convey to MARTIN SWIGERT, LLP, an Idaho Limited Liability Partnership, ("Grantee") whose current address is 6236 E. Hunt Ave., Nampa, Idaho 83687, all of Grantor's right, title and interest in and to the real property situate in Ada County, Idaho, subject to all easements, liens, and encumbrances of record, more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference. SUBJECT ta the existing indebtedness secured by the Premises which the Grantee assumes and ag~ees to pay according to texxns. TO HAVE AND TO HOLD unto the Grantee, its successors, administrators and assigns. DATED the 31S` day of October, 2000. MAR' STATE OF IDAHO ) .J,13,~'di~ F1AYA~t ~i:sl~w. E~+~-'~~'~ . SS, ___. RCCQfi~t~...~~ _g __._ . ~~E.,~.~._D~P County of Ada } 2~~~ ~~ „~ ~~ ~; ~.~ ~ Q ~ t~ ~ ~ 8 8 ~ On this 3~ day of ~X.C.~ ~ adD~ , before me, a notary public in and for said county and state, personally appeared ELAINE MARTIN, known or identified to me to be the person whose name is subscribed ta the foregoing instrument, and acknowledged to me that she executed the sarne, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. f \ ~~t..l~Fi..Li.~~~~fil~fiLVIL ~ ~ ~ ~ ~iOTARY P~l~~.IC ; ~ ~ ~ ~};:.: ~° ~ 51'ATE 0~1l~A~i~ Y ~ i {,?,h0 , ~,~ -:;_ '`~!~Jy~°°~- ~~u~v ~~~~~ NOTARY PUBLIC ,1, Residing at: f Cl~3J litl, ~~ ~, `~`~'. ~`~ ~ ~ ~ My commission expires: -/''7 - ~oa~ QUITCLAIM DEED ~_~ ~~. :. T~y~.....~..._._ _..____..-._._.. ~ 1- . ;'"'~. ~ P169021 n~;: N0 . . r` ~ ' •, ~ • ~ ~ ~ EXHIBIT A . . _ •s~: ~5.~ .. _.. .. ... : .......~..~~~:~.-~.r. ..lix A PARCEL OF LANQ LOCATED IN TNE EAST HALF OF 7HE SOUTHEAST ~UARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHQ; MORE PAR7TCULARLY DESCRIBEO AS FOLLOWS: BEGTNNING AT A 5J8" DIAL IRON PIN MARKING THE CORNER COMMON TO SEC?IONS 11, 12, 13, AND 14, TOWNSHIP 3 NOR1'H, RANGE 1 WEST, BOISE MERIDIAN; THENCE, SOUTH 89 DEGREES 16'00` WEST 1172.00 FEET AL4NG THE SECTIdN LINE COMMON TO SATD SECTIONS 11 ANO 14, ALSO BEING THE CENTERLINE OF FRANKLIN ROAD, 70 A POINT; THENCE LEAVING SAID SECTIOht [.INE, NQRTN 0 DEGREE 58'S5" WEST 711.36 FEET 70 AN IRON PIN MARKING THE INTERSECTZON OF 7HE WEST PARCEL BOUNDARY AND THE CENTERLINE 0~ EIGNT-MIL~ LATERA~, SAID POINT ALSO BEING THE REAL POYN7 QF BEGINNING; THENCE CON7INUING NORTH 0 DEGREE 58'S5" WEST 784.90 FEET TO AN IRON PIN ON~T}iE SOl1TH RICNT OF iNAY LT_NE OF THE OREGON SHORTLINE RAILROAD; THENCE~, ALONG i SAID SOUTN RIGHT-OF-WAY LINE, ' ~ NOR7H 89 QEGREES 59'30° EAST 573.58 FEET TO AN-IRON PIN; THENCE, LEAVING SAID RIGHT-OF-WAY ~TNE, 50UTH 0 QEGREE 58'S5" EAST 1179.63 FEE7 70 AN IRON ` PIN MARKING THE INTERSECTIOhI OF TNE EAST PARCEL BOUNOARY ANO 1'HE CENTERLINE OF EIGFiT MTLE LATERAL; THENCE, ALONG SAID CENTERL.INE OF EIGH7-MILE LATERAL, THE FOLLOWING COURSES AND DISTANCES; - NORTH 70 DEGREES 22'01" WEST 86.56 FEE7 TO A POIN7; THENCE, NORTH 8i DEGREES 52'16" WEST 190.81 FEET TO A POINT; THENCE NQRTH 67 DEGREES 14'36" WEST 30.85 FEE7 'f0 A POINT; THENCE, _ NORTH 46 DEGREES 45'51" WEST 37.69 FEET 70 A POINT; THENCE, N.ORTH 4d DEGR.EES 1pr57" WEST 393.89 F~ET T0 7HE i~fAE PO-INF OF_BEGINNING. TOGETHER WITH AN ACCESS EASEMEN? 60 FEET IN WIOTF{ AS SHOWN ON THAT CEfiTAIN RECORD OF SURVEY N0. y404 RECOROED UNDER INSTRUMENT Np. 8915191 IN BOOK G OF SURVEYS AT PAGE 1428. END OF LEGAL DESCRIPTION ~ 7' AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) COUNTY OF ADA ) 1, , l'~'l ~D ~ t) • ~'~i~u ~%~f-c~ ~~. ,~^ (name) _=. l,r..,, / /./~ (address) (~{~'~(- (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and T grant my permission to: /~5`~ P;,~~ Gt~a.~~oc.~~ s~ S~ ~~~P IS~ (name) / ' (address) ~ ~V ~ d ~~' ~~ to submit the accompanying application(s) pertaining to that property. ~3~~Z, I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant pernussion to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this ~~day of ~~ V~ , 20~ _ ~ ( ature) SUBSCRIBED AND SWORN to before me the day and year first above written. ~~ L~ - ao 13 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) COUNTY OF ADA ) I ` • , ~~~~ ~/. i'rLa~Ci~- ~r~. (name) (address) ~~,/y, ' ~j' , ~3~`/ 2, -/ ~ l. 2. I' r ~ a/1 -~ (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the propeRy described on the attached, and I grant my permission to: 7".~ rry ~ v~4 , J d~- ~~r~~ ~~ l~.~o-t G~.~~.~7a~ s~ (name) (address) /hP.f/ ~~t ~ 3 ~,~2 to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this ~day of G~ , 20~_ iZ~E~ (Signature) SUBSCRIBED AND SWORN to before me the day a y first above written. ~_ ~ ``\~~~~i~tuirr~~ /i~~~i `\`\\`~~,\`~~ ~ N A MFij,~ ~i~~ Notary Public for ldaho) . ,.. ... . . = V r~ ~~ j A ~j ;~N = Residing at: - ~~ ~ % ~' a~ B L~G •~ ~ My Commission Expires: ~ c/ G~~~ : ~'~ ~''••., .• ''~ •~ .` . ..... • ' .~ ~~ //,//,,~ ~` 1~ I~j F-I~OP \`\\\\ I [~,4H U SURVEY ~ Rt~l~ P Apri121, 2008 City of Meridian Planning Department Re: Property Boundary Adjustment KB Welding/Martin Swigert, LLC Gentlemen: 1454 East Wacertower Sc. s~~te i ~o Meridian, Idaha 83642 Phane (20$) 84b-S5J0 Fax (208) 884-5394 Mr. Kelly Bartlett, owner of Lot 6, Block 1 of Cafarelli Subdivision No. 2, recently tiled the Eight Mile Lateral along the North boundary of Lot 1 at considerable expense. With the permission of Martin Swigert, LLC, owner of the property to the North, he erected a security fence along the North right-of-way of the Lateral and is using the additional space for his welding business. Both parties agree the enclosure should be permanent and wish to move their respective boundaries to the fence. Sincerely, V D. Terry Peugh, PLS Agent