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Home My WebLink AboutCherry Crossing CUP 03-013TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: April 24, 2003 Transmittal Date: March 31, 2003 Hearing Date: May 1, 2003 File No.: CUP 03-013 Request: Conditional Use Permit to placement from original a By: HaWKms uompi Location of Property or Project: David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Mo VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department anal hours and a C -N zone fol comer of West Cherry Lane and North Linder Road Meridian School District (No FP) Meridian Post Office (FP/PP Only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Inig. District Settlers Irrigation District Idaho Power Co. (FP/PPonly) U.S. West (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PPonly) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 • City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • = '� ''� LEGAL DEPARTMENT 288-2499 • Fax 288-2501 MAYOR trs (208) Robert D. Corrie a-r�,,jl - CITY of -`�\ PARKS & RECREATION (208 888-3579 • Fax 898-5501 CITY COUNCIL MEMBERS eri�iicn PUBLIC WORKS Tammy deWeerd C� (208) 898-5500 -Fax 887-1297 IDAHO William L. M. Nary FCF BUILDING DEPARTMENT Cherie McCandless // (208) 887-2211 • Fax 887-1297 Keith Bird ��a°'TkensuNevwE'` 91,ffE PLANNING AND ZONING saa (208) 8845533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: April 24, 2003 Transmittal Date: March 31, 2003 Hearing Date: May 1, 2003 File No.: CUP 03-013 Request: Conditional Use Permit to placement from original a By: HaWKms uompi Location of Property or Project: David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Mo VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department anal hours and a C -N zone fol comer of West Cherry Lane and North Linder Road Meridian School District (No FP) Meridian Post Office (FP/PP Only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Inig. District Settlers Irrigation District Idaho Power Co. (FP/PPonly) U.S. West (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PPonly) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 • City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 .CITY OF MERIDIAN 0 Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone/(208)888-6854 Fax CONDITIONAL USE PERMIT APPLICATION R Check here if Planned Development Application (RE: Meridian Zoning Ordinance - Section 11-17) APPLICANT: Hawkins Companies ADDRESS: 8645 W Franklin Rd Boise ID 83709 PHONE: 376-8522 FAX: 376-8523 E-MAIL: OWNER(S) OF RECORD: Boise Surplus 2002 LLC ADDRESS: 8645 W Franklin Rd Boise ID 83709 PHONE: 376-8522 FAX: 376-8523 E-MAIL: ENGINEER, SURVEYOR, PLANNER: CSHQA ADDRESS: 250 S 5th St Boise ID 83702 PHONE: 343-4635 FAX: 343-1858 E-MAIL: ADDRESS, GENERAL LOCATION OF DESCRIPTION OF PRESENT USE: vacant NW corner Cherry Lane & Linder DESCRIPTION OF PROPOSED CONDITIONAL USE: To modify operational hours and change building placement from the original approved CUP. The Planned Development is to allow 2 buildings on one lot. NUMBER OF ACRES: 6.5 NUMBER OF RESIDENTIAL UNITS: 0 SQUARE FOOTAGE OF NON-RESIDENTIAL BUILDINGS: 42.8 64 SF PRESENT ZONE CLASSIFICATION: CN I have read the information contained herein and certify the information is true and correct. APPLICANT'S SIGNATURE: Rev. 01/24/03 AWKII�Ic OMPAPIIES conm�rtcw.uLveaorexs March 4, 2003 Planning Commission C/o Steve Siddoway City of Meridian RE: Cherry Crossing CUP -01-016 Modification Cherry Lane and Linder Road Dear Commissioners; Hawkins Companies has submitted a CU Application for a Planned Development to request approval of certain site and operational changes for the Cherry Crossing commercial development as approved under CUP -01-016. The original CU approval included property zoned Low Density Residential District (R-4) and Neighborhood Business District (C -N). The residential district consists of 17 parcels, and the commercial district consists of 3 parcels. Hawkins Companies is the owner of both the residential and commercial properties. This attached application is specifically addressing the commercially zoned property. The previous approval of the commercial property consisted of 3 parcels including the following four uses: Pharmacy/retail use with dual drive thru windows, Fast food restaurant with drive thru window, 22,000+/- square foot office/retail building, and 24-hour fuel pumps gasoline service, The original approval restricted hours of operation as: Monday —Saturday 8:00 am to 10:00 pm Sunday 9:00 am to 9:00 pm Gasoline Service open 24 hours a day — everyday. The attached application is a request to approve the following uses: Pharmacy/retail use with dual drive thru windows, Fast food restaurant with drive thru window, 22,000+/- square foot office/retail building, and 6,500+/- square foot retail building. The 6,500 +/- retail building is being proposed in place of the fuel pump facility. 8645 W. Franklin Road, Boise, ID 83709 phone: (208) 376-8522 fax: (208) 376-8523 0 0 The attached application also requests to modify the hours of operation to the following: Pharmacy/retail use 24-hour operation, Fast food restaurant Sunday — Thursday 8:00 am to 11:00 pm Friday — Saturday 8:00 am to 1:00 am Retail and Office/Retail Monday — Thursday 8:00 am to 10:00 pm Friday— Saturday 8:00 am to 12:OOam Sunday 9:00 am to 9:00 pm The proposed application has been submitted to address the operating hours as stated, as well as the rearrangement of uses within the commercial area. The rearrangement of uses will provide a better buffer between the commercial business uses and residential properties than exists under the current approvals. As part of this application, a planned development is requested for the approval of two uses on one parcel. Previously, the pharmacy and fuel pumps were both located on the same parcel, effectively allowing two uses on one lot. We are requesting the continued approval of two buildings on one parcel to facilitate the approval of the Conditional Use application to allow the fast food user to proceed with construction. Since the subdivision process is substantially longer than this application, we will subsequently request the formal creation of a fourth parcel after the construction of the fast food use has started. The original approval included a fast food restaurant with drive thru speakers adjacent to the future homes along Emerald Falls with no mitigating elements designed. Replacement of the drive thru use with a standard retail use along Emerald Falls will provide a softer environment to those homes. We have moved the fast food use to Cherry Lane to further remove the drive thru window from the residential street. We are requesting approval of the relocation of the fast food drive thru window. However, the drive thm window would not be constructed with the building at this time, but the site plan has been designed to incorporate the future implementation of the drive thru window. The request to expand the operating hours for the fast food use is to more accurately reflect the operation of any fast food service. The current restriction of either 9:00 pm or 10:00 pm is cutting off a critical service period to its customers. The extended hours will allow the user to provide delivery services that may extend beyond the typical time that a patron may frequent the establishment. I am not aware of any neighborhood opposition that resulted in the original restriction of hours. In conjunction with the relocation of the fast food use away from the residential street, we would request approval of the extended hours of operation for the fast food use. The pharmacy/retail use has been relocated from the SW comer to the SE corner in place of the 24-hour fuel pump facility location. Due to the new location of the pharmacy with the drive thru speakers being over 300' from the adjoining residential uses, we would request that this use be allowed to operate as a 24-hour store. This approval at this location would be consistent with the previous approval of the 24-hour fuel pump facility located on the SE corner. We are requesting that the operating hours of the two northern buildings, which are adjacent to the residential properties of Emerald Falls, be restricted as requested. These hours are more conducive to the residential uses and will provide an added buffer to the extended hours of the southern uses. Prior to this application, Hawkins Companies has requested approval from the Fence Variance Committee to allow a 5' vinyl fence to be installed within the 25' landscape strip along the south side of Emerald Falls. This fence will help to soften the commercial use environment from the residential properties. The approval of this application resulting in the immediate construction of the fast food user will initiate the completion of the landscaping as agreed to in the existing Non - Development Agreement. Prior to any Occupancy Permits, the remainder of the perimeter landscaping will be completed. All signage as shown will comply with a planned sign program to be submitted. Hawkins Companies has had multiple conversations and meeting with Steve Siddoway in discussion of this application. Those discussions have taken place between the months of December 2002 and February 2003. Hawkins Companies agrees to pay any additional sewer, water or trash fees or charges associated with the uses as proposed. We appreciate your attention to the matter, and ask for your approval of the enclosed application. If you have any further questions, please feel free to call me at 208-947- 4741. Sincerely, Brian D. Huffaker Pre -Development Manager Hawkins Companies Enclosures 7.s Hawkins Companies agrees to post the property, compliant with the city code, one week before the hearing stating that we have applied for a Conditional Use Permit. Tara I Iapprichi/ l/ Predevelopment Coordinator Hawkins Companies 8645 W. Franklin Road, Boise, ID 83709 phone: (208) 376-8522 fax: (208) 376-8523 i � e o C N k,�V1I Jlg44E� �Y I., W All; p! j° q1. oil'' _ sPaP �" 0 -r -- S H. f / It OaLq S -y � A w IT, ( 9 pp fF r r g' ° CHERRY CROSSING �MC CHMY LAMA D IIS"WZ J!{.11�� - YAC n s a,.uu�miici U) 0 • A a a A I I P[::A nCHERRY CROSSING m" 0tNWC CIIBRRY LANE AND L ER ROADWRWW, ICsHaAL masTM ar.F� uem PROPERTY OWNERS WITHIN 300' CHERRY CROSSING HALL CHARLES C STRAIGHT PHILLIP & HALL TAMI STRAIGHT SHERYL 1925 N HILLMONT AVE 1854 W MCGLINCHEY ST MERIDIAN ID 83642-0000 MERIDIAN ID 83642-1373 HOLLADAY LANA L COOK VERNON D & 1691 W HENDRICKS ST COOK KARIN M MERIDIAN ID 83642-1388 1694 W MCGLINCHEY ST MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 HARRIS DENNIS K & OSWALD BRANDON D HARRIS JONI L PEASE JAMES M 1912 CAIRNS WAY PEASE SHARON M MERIDIAN ID 83642-0000 PO BOX 7145 MERIDIAN ID 83642-1360 BOISE ID 83707-0000 DUMONT TED JR 1672 W MCGLINCHEY ST DUMONT HEIDI PO BOX 8084 CRAIG JOAN A BOISE ID 83707-0000 1890 N HILLMONT AVE 1765 W HENDRICKS 5T MERIDIAN ID 83642-1385 MILLER JOSEPH E DEBOER TRACIE R MILLER KRISTEN L 1886 W CAIRNS WAY 1749 HENDRICKS MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 OSWALD BRANDON D KAUFFMAN KRIS C OSWALD AUTUMN C 1723 W HENDRICKS 5T 1760 W MCGLINCHEY ST MERIDIAN ID 83642-1382 MERIDIAN ID 83642-0000 RICHARDSON GREGORY K & PETERSON ERIC RICHARDSON DEBRA A PETERSON LISA 1912 N HILLMONT AVE 2861 N MARBURG AVE MERIDIAN ID 83642-1385 MERIDIAN ID 83642-0000 1744 W MCGLINCHEY 5T GARRISON LARRY 0 & GARRISON GINA R KLEIN CHARLES WAYNE & 1907 N CAIRNS WAY MISCHEL-KLEIN JENNIFER LYNN MERIDIAN ID 83642-1360 1722 W MCGLINCHEY ST MERIDIAN ID 83642-1371 E FULKER5ON ERIC L & FULKERSON MELANIE 5 1816 W MCGLINCHEY ST MERIDIAN ID 83642-1373 L & R SALES PO BOX 529 NAMPA ID 83653-0529 N HILLMONT AVE GABICA DENISE M 1662 N HILLMONT AVE MERIDIAN ID 83642-1385 FRENCH ROBERT A & FRENCH DEBORAH 5 1643 W MCGLINCHEY ST MERIDIAN ID 83642-1384 CHAVEZ ROBERTO & CHAVEZ JACQUELINE 1667 W MCGLINCHEY ST MERIDIAN ID 83642-1384 EDOM JOHN 1689 W MCGLINCHEY 5T MERIDIAN ID 83642-1384 BISIG JOSEPH W & BISIG GUADALUPE 906 E STATE 5T BOISE ID 83712-7309 1877 W MCGLINCHEY 5T PLOTT JOHN R & PLOTT CAROL L 1849 W MCGLINCHEY ST MERIDIAN ID 83642-1374 BUCHANAN MICHELLE C 1611 W MCGLINCHEY ST MERIDIAN ID 83642-1374 • STEVENS MARI55A L KEITH MICHAEL L 1803 W MCGLINCHEY ST MERIDIAN ID 83642-0000 MOSS ROSE LEE 1975 JULIANNA ST EL CAJON CA 92019-0000 1785 W MCGLINCHEY ST NELSON ADAM L AND MAXWELL KELLY JO 1763 W MCGLINCHEY ST MERIDIAN ID 83642-0000 EARLS SCOTT EARLS SHIPLEY 1745 W MCGLINCHEY AVE MERIDIAN ID 83642-0000 DAVENPORT R DUANE & DAVENPORT KRISTI L 1719 W MCGLINCHEY ST MERIDIAN ID 83642-1372 LITZEBAUER WILLIAM J LITZEBAUER SHARON E 1922 W EMERALD FALLS CT MERIDIAN ID 83642-0000 PEPPLEY TONY T PEPPLEY RAE A 1906 W EMERALD FALLS CT MERIDIAN ID 83642-0000 JENKINS LORIN T & JENKINS KRISTY JO 1890 W EMERALD FALLS CT MERIDIAN ID 83642-0000 BOONE MICHAEL C BOONE ELIZABETH H 1862 W EMERALD FALLS DR MERIDIAN ID 83642-1395 AGGEN CHARLES R JR & KING KIMBERLY K AGGEN SHARON R 1727 N KASTLE FALLS AVE 1838 W EMERALD FALLS CT MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 1788 W EMERALD FALLS DR TOREK KEVIN J DANIEL STEVE TOREK REBECCA B 1824 W EMERALD FALLS DR 1718 N KASTLE FALLS AVE MERIDIAN ID 83642-1395 MERIDIAN ID 83642-0000 STEVENS DAN AND HEIN BRIAN J STEVENS STANLEY B CAMPBELL KIRA M PO BOX 672 1698 N KASTLE FALLS AVE MERIDIAN ID 83680-0000 MERIDIAN ID 83642-0000 1788 W EMERALD FALLS DR SLUDER DAYNA L BOISE SURPLUS 2002 LLC 1947 W SILVER FALLS 8645 W FRANKLIN RD MERIDIAN ID 83642-0000 BOISE ID 83709-0000 W CHERRY AVE MONAHAN MICHAEL & DEBORAH 1793 W EMERALD FALLS DR 1679 N KASTLE FALLS AVE 1655 N LINDER RD MERIDIAN ID 83642-0000 1660 W CHERRY LN LOWE JEFFREY T SCOTT JEFFREY O'BRIEN MICHAEL C SCOTT JENNIFER 1672 N KASTLE FALLS AVE 1933 W EMERALD FALLS CT MERIDIAN ID 83642-1393 MERIDIAN ID 83642-0000 GLICK THOMAS B & SHORT ROBERTA JO LIFE ESTATE GLICK CARMEL B SHORT DAVID ALLEN 1955 W SILVER FALLS CT 1741 N KASTLE FALLS AVE MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 KOPP HEATH & VALERI PL HOMEOWNERS A55OC INC KOPP JOANN 1922 W EMERALD FALLS CT 1639 N KASTLE FALLS AVE MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 N KASTLE FALLS AVE W CHERRY LN PERKINS DAVID G PERKINS BARBARA J SCHLAUCH TRENT A 1648 N KASTLE FALLS AVE YAEZENKO JEANINE G MERIDIAN ID 83642-0000 1934 W SILVER FALLS CT MERIDIAN ID 83642-0000 • ORR JOHN K WEIGHT RICHARD L JR & ORR MICHELLE H JOHNSON STACEY 1615 N KASTLE FALLS AVE 1575 N SANTA ROSA PL MERIDIAN ID 83642-0000 MERIDIAN ID 83642-4302 HOWELL CHAD I & CARTER G DEE & HOWELL LEAH M CARTER KRISTINE 1620 N KASTLE FALLS AVE 1580 N SANTA ROSA PL MERIDIAN ID 83642-0000 MERIDIAN ID 83642-4301 SCHLAFKE ARDIS JUNE TRUST SCOTT STEVEN C SCHLAFKE ARDIS JUNE TRUSTEE SCOTT LORI L 1900 N LINDER RD 1560 N SANTA ROSA PL MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 MERIDIAN ASSEMBLY OF GOD INC BROWN W ROY 1830 N LINDER RD BROWN RICHARD A MERIDIAN ID 83642-1312 PO BOX 464 1900 N LINDER RD NAMPA ID 83653-0464 1830 N LINDER Pb 1835 W CHERRY AVE 1915 W CHERRY LN 1785 W CHERRY LN CHRIST LUTHERAN CHRCH MERIDIAN 1739 W CHERRY AVE 1406 W CHERRY LN MERIDIAN ID 83642-1517 REB IRREVOCABLE TRUST PO BOX 464 HEUGHINS RUSSELL S NAMPA ID 83653-0464 1528 W CHERRY LN 1701 W CHERRY LN MERIDIAN ID 83642-1518 GAMEINC BARLOW CALVIN F & 1991 TURNBERRY WAY BARLOW ANN L MERIDIAN ID 83642-0000 1516 W CHERRY LN 1663 W CHERRY LN MERIDIAN ID 83642-1518 DEPATCO & SONS FAMILY LP ARTE RICHARD P & MARY L TRUST P O BOX 8008 ARTE RICHARD P TRUSTEE AFTON WY 83110-8008 1548 N VINEYARDS AVE 1605 W CHERRY LN MERIDIAN ID 83642-1990 LEE MICHAEL D JENKINS STEVEN R LEE SUSAN M. JENKINS PEGGY L 1532 N VINEYARDS AVE 7200 5 SOUTHDALE AVE MERIDIAN ID 83642-0000 BOISE ID 83709-7150 1915 W CHERRY LN GENTRY RALPH E & GENTRY CAROL L 1547 N SANTA ROSA PL MERIDIAN ID 83642-0000 SALINAS ALEJANDRO & JULI55A 1530 N SANTA ROSA PL MERIDIAN ID 83642-4301 KOYLE RUSSELL F 1515 N SANTA ROSA PL MERIDIAN ID 83642-4302 STUBBLEFIELD DEVELOPMENT CO 2258 BRADFORD AVE HIGHLAND CA 92346-2204 1551 W CHERRY LN ` RECOi:utu- `✓ n • AOA COO11ty RECORDER (�06 ,Ty Fir 1 ! �$�� J.bmi�I mt\VARRO FEEh, 1 t i 83 When recorded, return to: FM �; Boise Surplus 2002 LLC 202 AP 19 Atm: General Counsel FIRST AMERICAN 8645 W. Franklin Road Boise, Idaho 83709 Mail Tax Statements to: Boise Surplus 2002 LLC Atm: General Counsel 8645 W. Franklin Road Boise, Idaho 83709 SPECIAL WARRANTY DEED Special Warranty Deed made this `i� day of r 2002, between Albertson's, Inc., a Delaware corporation ("Grantor"), and Boise Surpu1 s 2002 LLC, whose address is Attn: General Counsel, 8645 W. Franklin Road, Boise, Idaho 83709 ("Grantee"), witnesseth: That Grantor, for and inconsideration of the sum of Ten Dollars and No Cents ($10.00), and other good and valuable consideration, the receipt whereof is hereby acknowledged, does, by these presents, convey unto Grantee and its successors and assigns forever, all the following described real estate situated in the County of Ada, State of Idaho: SEE SCHEDULE I ATTACHED HERETO AND INCORPORATED HEREIN. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or m anywise appertaining, the rents, issues and profits thereof; and all estate, right, title and interest in and to the property, as well in law as in equity, except as expressly provided otherwise herein. SUBJECT TO THE FOLLOWING USE RESTRICTIONS: For a period of twenty (20) years after the date of this deed, no part of the property conveyed hereby shall be used as a supermarket, which shall be defined as any store or department containing more than 5,000 square feet of ground floor area, including aisle space and storage, primarily devoted to the retail sale of food for off -premises consumption; or for the sale of fresh or frozen meat, fish, poultry or produce for off -premises consumption. The foregoing restrictions shall not apply to a major drug store. As used in the preceding sentence, a "major drug store" shall mean a national or regional drug store chain selling pharmaceutical products requiring the services of a registered or licensed pharmacist. By way of example only, Walgreens, Rite Aid and Sav On are considered major drug stores under the above definition. The restrictions contained herein shall run with the land and shall benefit the Grantor and its successors, assigns and affiliates and all property SPECIAL WARRANTY DEED - Page I Abs #9811, Cherry Lane & Linder Rd, Meridian, ID M&M 1:\125\664\docs\Linder Deed 03.wpd I I I I E I I I I I I I 4 7 now or hereafter owned or occupied by Grantor or its affiliates within Ada County, Idaho including the property described on Schedule H attached hereto and incorporated herein and shall be binding upon the Grantee and Grantee's successors, successors in title and assigns. As used in the preceding sentence, the term "affiliates" shall mean a branch, division, parent or subsidiary of Grantor, its successors or assigns, or any company in which Grantor, its successors or assigns, own, directly or indirectly, five percent (5%) or more of the voting stock or interest or which is a company that owns, directly or indirectly, five percent (5%) or more of the voting stock or interest of Grantor, its successors or assigns. Failure of Grantor or Grantor's successors or assigns to insist upon strict performance of the restrictions contained herein shall not be deemed a waiver of any rights or remedies that Grantor, its successors or assigns may have and shall not be deemed a waiver of any subsequent breach. If any action, suit or proceeding is instituted in connection with these restrictions, the prevailing party in such action, suit or proceeding shall be entitled to recover reasonable attorney's fees, expert witness fees and costs. If in any judicial proceeding, a court shall hold that the duration or scope of the restrictions stated in this paragraph are unreasonable under circumstances then existing, the parties, and their respective successors, assigns and affiliates, agree that the maximum allowable duration or scope which the court determines to be reasonable under the circumstances shall be substituted for the duration or scope stated in this restriction. To have and to hold, all and singular the above-described premises together with the appurtenances unto Grantee and its heirs and assigns forever. Grantor makes no covenants or warranties with respect to title, express or implied, other than that previous to the date of this instrument, Grantor has not conveyed the same estate to any person other than Grantee and that such estate is at the time of the execution of this instrument free from encumbrances done, made or suffered by the Grantor, or any person claiming under Grantor, subj ect to any and all easements, restrictions, agreements and encumbrances of record or appearing on the land as of the date of this instrument. SPECIAL WARRANTY DEED - Page 2 Abs #9811, Cherry Lane & Linder Rd, Meridian, ID M&M I:\125\664\docs\Linder Deed 03.wpd GRANTOR: ALBERTSON'S, INC., a aware corporation By: William H. Amold mrn1+r y1 Its: Group Vice President, Real Estate Law STATE OF IDAHO ) ) ss. County of Ada ) On this S"` day of, 2002, before me, the undersigned, a Notary Public in and for said state, personally appeared William H. Arnold, known or identified to me to be the Vice President, Real Estate Law, of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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. LV OTA NOTARY NOTARY PUBLIC for Idaho '. °UBLtiG} Residingat 1)ir1irn mT f o •a My commissio expires:�)nl)6�� ,,,••TPe op 9P'',• I I SPECIAL WARRANTY DEED - Page 3 Abs #9811, Cherry Lane & Linder Rd, Meridian, ID MRM I: 112516641docs\Linder Deed 03.wpd NERSON=DAVID & Assocuns, LNc• Cherry Crossing I (Linder Property) Combined description' i A parcel of land lying in a portion of the Southeast Quarter of Section 2, Township 3 North, Range I West of the"Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 1, 11, 12 and said Section 2; thence North 89°33'46" West a distance of 850.09 feet along the southerly boundary line of said Southeast Quarter of Section 2,. which is also the center line of West Cherry thence Nort Lane; h 00°26'14" East a distance of 50.00 feet to a point on the northerly right-of-way line of said West Cherry Lane as described to Ada County Highway District in Instrument No. 95020095, Official Records of Ada County and the easterly boundary of Valeri Place Subdivision, as filed for reccrd in the Office of the Ada County Recorder, Idaho in book 63 of Plats at Page 6307 and 6308, said point being the TRUE POINT OF BEGINNING; thence along said easterly boundary line the following courses and distances: North 00°26'14" East a distance of 337.29 :est: North 16107'36" East a distance of 68.17 feet; North 45106'20" East a distance of 23.01 feet; South 89°33'46" East a distance of 87.92 feet; North 00°26'14" East a distance of 49.00 feet; South 89033'46" East.a distance of 50.00 feet; thence leaving said easterly boundary line, North 00°2fi'an East along the westerly boundary line of Lot 1, Black 4 of said Valeri Place Subdivision, a distance of 59.00 Feet to a point of curve; thence 31.41 feet along the arc of a 20.00 foot radius curve to the right, (through a central angle of 89058'58", which chard bears North 45'26'14" East a distance of 28.28 feet)to a point of tangency; thence South 89°33'46" East 105.00 feet along the northerly boundary line of said Valeri Place Subdivision; thence along said easterly boundary line the following courses and distances: North 00026'14" East a distance of 50.00 feet; North 89033'46" West a distance of 32.35 feet; North 00026'14" East a distance of 110.00 feet to a paint on the southerly boundary line of Greenfield Manor No. 6, a Subdivision, as filed for record, in the Office of the Ada t Pages 5627 and 5628; thence South County Recorder, Boise, Idaho in Book 58 of Plats a 89°33'46" East a distance of 542.69 feet along said southerly boundary line of Greenfield Manor No. 6 and the southerly boundary of Greenfield Manor No. 7, a Subdivision, as filed for record in the Office of the Ada County Recorder, Boise, Idaho in Book 59 of Plats at. Pages 5743 and 5744 to a point on the westerly right-of-way line of North Linder Road, said point being 40.00 feet distant from (when measured at right angles to) the center line of said North Linder Road; thence South 00°16'07" West a distance of 715.25 feet along said westerly right-of-way line thence South 45'21'11" West a distance of 17.00 feet to a point on the northerly right-of-way line of West Cherry Lane; thence along said northerly right-of-way line North 89°33'46" West a distance of 197.48 feet; thence North 00°26'14" East a distance of 20.00 feet; thence North 89°33'46" West a distance of 600.49 feet to the POINT OF BEGINNING. Said parcel of land contains 511,441 square feet or 11.74 acres more or less. 73 AIL 14 SCHEDULE sa Land Suneping Services i�w Shnmlim,Dmc.Bni,c.ldalln 83-t1_' '08.%3.0 :N f.LC 108.16311500 PACIFIC' 960 8mdwer Arenue 5409312 801u. Idalw 65706 September 3, 1996 LEGAL DESCRIPTION FOR PARCEL 2 mirU E LOT 2 OF ZEN jv= SQUARE SUBDIVISION) A parcel of lead locoed in the northeast 1/4 of the Northe= 114 of Section 10, Township 3 North. Range 1 West of tha Boise Meridian, Ada County, Idaho, more particularly described as fbilows: Commencing at the northeast cornar of said Section 10, Township 3 North Range l Wcst marked by a buss cap monument, thance North 89 41 j8' Wet 530.00 feer, along the North lino of said Section 10; thence South 00*1 g'22" West, 49.34 fee to a paint on the southerly 63hr-0f" way line of that terrain road [lamed West Cherry Lane and on the mar. emarly boundary line of, that carrain deed recorded as lnstrumont number 9351236 official records of Ada County, Idaho, said point being the POINT OF BEGIINIMNG, thence along said Soud=dy fthr-af"-way lino the following three courses: South 98°33'40" East, 27.19 feet; South 89.07"29" East 28.53 fee: South 44135'42" East, 42.09 feet, said point being 0n rhe westerly right-of-way line of Ten We Road: thence along said westerly right-of-way lint South 00°00'05" West, 835.51 feet to a point on the caaurlina ofF35hrmlle Lasaral; thence along said comer One, North 47"00'12" Weer, 415.42 fanc thence :forth 00°00'05" East, 77.39 fes= thence South 99059'55" East, 9.00 feet; thence North 00000'05" Eat; 165.67 feat; thence North 8905755 Wtst, 45.00 few thcree North _ 00.00'05" East, 77.84 feet; thence North 89°59'55" Wrst 171.53 fact to a point on the said. easterly boundary lint„' thane* along said aastarly line, North 0("=" East, 242.50 feet to the P01NT OF BEGUMING. Said parcel contains Z48,608 square feet or 5.71 acro more of Ices. Subject to: All edstins easements or road fights -of -way of record or appearing an the above-described Pastel afland. Prepared by: — W&R Pacific 7314 SEPY". Gordon Anderson, P.L.S. 7314 SCHEDULE 311 STATE OF IDAHO COUNTY OF ADA ss E • AFFIDAVIT OF LEGAL INTEREST xs�`SueRtus dW.ZL s e6yS" 6C4 `- WIZ—aJ Qa Bo -T-0 (name) (address) being first duly sworn upon oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my,permission to H4,W9'X/V_C d, r.-104Au6s ISAI-4W IruPfA �7� SbyS Gl FQANIccSn� 2p, �nF S� (name) (address) to submit the accompanying application pertaining to that property. MERIDIAN CITY 2. I agree to indemnify, defend and hold and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 41 77� day of (Signature) SUBSCRIBED AND SWORN to before me the day and year fust above written. Notary Public fo I aho Residing at My Commission Expires: C� k) -7 PLDR 7W, 7AS IYIFS March 5, 2003 Steve Siddoway City of Meridian RE: Cherry Crossing Signage CUP -01-016 Modification Cherry Lane and Linder Road Mr. Siddoway, Please accept this information regarding the proposed signage for Cherry Crossing as part of the application submittal referenced above. As stated in our original cover letter, we agree to comply with a Planned Sign Program to be approved by the City. The subject property has approximately 540 feet of frontage along Cherry Lane and 500 feet along Linder Road. The guidelines of the proposed Planned Sign Program will be as summarized below: One (1) Center Sign to be located on Cherry Lane. One (1) Center Sign to be located on Linder Road. One (1) Free Standing Sign to be located on Cherry Lane. One (1) Free Standing Sign to be located on Linder Road. Each Center sign will have a maximum height of 35 ft., and 200 square feet of background area. Each Free Standing sign will have a maximum height of 10 ft., and 70 square feet of background area. Wall signs will not exceed 18% of wall area (9% if property also has a free standing sign) Multiple wall signs allowed as long as aggregate of all wall signs does not exceed maximum area. A Planned Sign Program application will be submitted based upon these guidelines. Thank you for your attention to this matter. If you have any further questions, please call me at 208-947-4741. Sincerely, 42 Brian D. Huffaker Pre -Development Manager Hawkins Companies 8645 W. Franklin Road, Boise, ID 83709 phone: (208) 376-8522 fax: (208) 376-8523 71r, II 9 41, M F 71r, II 9 71r, aU. J � Q O O W L cic O I` ELsj i 9 w Y O~ Z O Um OK ¢ OK O rw O � toil o ZF p Zw g~z O �tt pV2W JUZ U' p� pUZO Z F�J U5a2 UE�Y Zp wj w�Z �. aow Gs aowo �z aox OQ Nr Oa NHme Nd. 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