HomeMy WebLinkAboutParamount Elementary School CZC 06-001CITY OFA"?_
t! IDAHO !�
CERTIFICATE OF ZONING COMPLIANCE*
Date: February 14, 2006
Project Name/Number: Paramount Elementary School CZC-06-001
Owner: Joint School District No. 2
Site Address: Lot 12 Block 31 Paramount Subdivision No. 10
Proposed Use: Public elementary school
Zoning:
Comments:
Conditions of Approval: The proposed elementary school was approved by CUP in 2003 as part of Paramount
Subdivision. The project is subject to all current City of Meridian ordinances and Paramount Subdivision (AZ -
03 -006, PP -03-004, and CUP -03-008). The issuance of this permit does not release the applicant from any
previous requirements of the other permits issued for this site (FP -05-060).
Site Plan: The Site Plan prepared by LKV Architects on January 6, 2006, labeled Sheet SL -1.1, is approved
(stamped "Approved" on February 14, 2006 by the Meridian Planning Department) with no changes. The
approved site plan is not to be altered without prior written approval of the. Planning Department.
Landscaping: The Landscape Plan prepared by The Land Group on December 22, 2005, labeled Sheet L1.0, is
approved (stamped "Approved" on February 14, 2006 by the Meridian Planning Department) with no changes.
The approved landscape plan is not to be altered without prior written approval of the Planning Department.
No field changes to landscape plan permitted; prior written approval of all material changes is required.
Elevations: The Elevations prepared by LKV Architects on January 3, 2006, labeled A-5.1 are approved with
no changes from the Planning Department.
Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the
approved specifications and in accordance with UDC 11-3A-15.
Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with
the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-10, coordinate with the
Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the
existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11-
3B -10-C.5.
Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project
engineer/architect shall certify that the number and size of handicap -accessible spaces conforms to the
Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA
and signed "Van Accessible".
Curbin : Per UDC 11 -3B -5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use
areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to
allow for storm water runoff.
Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed
prior to occupancy.
Drainaize: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and
shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18.
Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in
UDC 11-3A-7.
Lighting: Lighting shall not cause glare or impact the traveling public or neighboring development and
comply with lighting standards as defined in UDC 11-3A-11.
Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in
compliance with UDC 11-313.
Trash Enclosure: All dumpster(s) must be screened in accordance with UDC -11-3A-12. Trash enclosures
must be built in the location and to the size approved by SSC. NOTE: Because the dumpster for this lot is
located off-site (to the north), said dumpster shall be sited prior to occupancy of the subject building.
Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance with all
federal handicap -accessibility requirements.
ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any
changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be
submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit.
Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of
Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer
or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The
Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler
installation, are in substantial compliance with the approved landscape plan. A Temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the
amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary
Occupancy.
Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped
"Approved" on February 14, 2006, and Elevations, and are not to be altered without prior written approval of
the Planning Department. No significant field changes to the site or landscape plans are permitted; prior
written approval of all changes is required.
Jsh Wilson
ociate City Planner
*This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited
to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer,
Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date
of issuance if work has not begun.
C`.�' eri�ian
Tvoe of Review Requested (check all that
❑ Accessory Use
❑ Alternative Compliance
Certificate of Zoning Compliance
❑ Conditional Use Permit Minor Modification
❑ Design Review
❑ Property Boundary Adjustment
❑ Short Plat
❑ Temporary Use Certificate of Zoning Compliance
❑ Time Extension (Director)
❑ Vacation
❑ Other
Applicant Information
Planning
ADMINISTRATIVE REVIEW
C ONS
Applicant name: JOINT A-ZlX ti IRWI 2I GT 2- Phone: 65 E)
Applicant address: l l m eyy I a N WAV 93 G 42 zip: %10 0
Applicant's intertest in property: XOwn ❑ Rent ❑ Optioned [3 Other ,,^
Owner name: UO I N 1 � I406 L V t%A 0 • 2 Phone: � ' W
Owner address:
Zip:
Agent name (e.g.,`a'rchiitecct,, engiineer, developer, representative): A o w w m6 rz—
Firm name: � XYGA= 0 Olen _ Phone: 3 � 69
LO H2
Address: f6 IO tai iL Q L Q� zip: 7;,� 36G •
Primary contact is: ❑ Applicant V1Ow'/Agent ❑ Other 2 /�
Contact name: /! M lflpl �1/ 1Q/� W 15FPhone: ✓�W 34a-1
-1
Email: poo- 1 ►V AUP rf6CiTGJ Fax: S?36D ' 3 (O 9i 0
Information
Location/street address: T IA A V Iyn u N" I v/ U F/ W I V I&7ID 1M b(7
Assessor's parcelnumber(s): �042542gj IQd
Township, range, section:6goom Q� ,��i•n1. W Total acreage: 10-41
Current land use: V W/AwT Current zoningdistrict: J1 W I U t✓I I�1G� 11-(
Ub t o lw-V I A t✓
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridianci .ora
1
Project Description
Project/subdivision name: 1'A0 iso U 6 u'' 1bV1 V /
General description of proposed project/request: NIM 15 Le 1/1 ewA �+�1
Proposed zoning district(s): 0 10 r% 1 U 0 05hra 11Y 1� 1% 112 03-11 A 1"
Acres of each zone proposed: 16-42
Type of use proposed (check all that apply):
❑ Residential ❑ Commercial ❑ Office ❑ Industrial X Other 1' I,t Ll L 'G✓Gu 06 V
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within? A2 9 612 GJ 19— rND AT 1 D i b WM lG'r
Residential Project Summary (if applicable) NA
Number of residential units:
Number of common and/or other lots:
Number of building lots:
Proposed number of dwelling units (for multi -family developments only):
I Bedroom:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f):
Gross density (DU/amkotat land):
Percentage of open space provided:
Percentage of useable open space:
2 or more Bedrooms:
Proposed building height:
Average property size (s.f):
Net density (DU/acre-excluding toads & alleys):
Acreage of open space:
(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: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: 014 6 Other lots:
Gross floor area proposed. &5 , (POO Existing (if applicable):
Hours of operation (days and hours):K 1 0 d A m - S % Omuilding height:
Percentage of site/project devoted to following:
Landscaping: "L1 Building: 14 to Paving: O
Total number of employees: Maximum number of employees at any one time: GSD
Number and ages of studentstchildren (if applicable): 1_ — t Seating capacity:
Total number of parking spaces provided: V 20 Number of compact spaces provided:
Authorization
Print applicant name:
Applicant signature:
L
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 88&6678 • Website: www.moridiancity.org
LKV
A R C H I T E C T S
12 January 2006 LEATHAM KROHN VAN OCKER
City of Meridian
Planning and Zoning Department
660 E. Watertower Ln. Ste. 202
Meridian, Idaho 83642
Re: Paramount Elementary
Paramount Subdivision
Joint School District No. 2
Joint School District No. 2 is pleased to submit a request for a Certificate of Zoning
Compliance for a new elementary school in the Paramount Subdivision.
Paramount Elementary will be located inside the Paramount Subdivision, which is East
of Linder Road and South of Chinden Boulevard on a 10.47 acre lot.
Joint School District No. 2 has worked in partnership with the Brighton Corporation to
jointly design the school district property in harmony with the residential subdivision. The
school will be constructed using quality -building materials of brick and asphalt shingles
to enhance the "Residential Quality" of the surrounding homes.
The site will be improved with the necessary landscaping in the property setbacks,
landscape enhancements adjacent to the building, and parking lot trees and ground
cover. All of the landscaping will help to provide a generous buffer zone between the
school and the adjacent residential properties.
With the new City of Meridian Unified Development Code, the requirements for parking
have changed with educational facilities. We are requesting a slight variance from the
required parking spaces of 131 (65,600 sq. ft. / 500 gross sq.ft. = 131 parking spaces) to
126 parking spaces. The site is limited in street frontage at the main access point to the
site and designing the required number of parking spaces would require cross access
from the bus and parent drop off areas. It has been a practice of the District to design
these areas free of parking to prevent additional confusion and pedestrian verses vehicle
accidents.
With continued growth, the need fro quality educational facilities are vital to the City of
Meridian and Joint School District No. 2. We respectfully request approval of this
application and if there are any questions or comments please feel free to contact me.
pe ctF Y,
•
tuber Van Ocker, Partner
LKV Architects
amber(d)Ikvarchitects.com
DARRELL LEATHAM - KENT KROHN - AMBER VAN OCKER - WAYNE THOWLESS - STILLMAN ANDERSON
1735 FEDERAL WAY, BOISE, IDAHO 83705 PHONE 208-336-3443 FAX 208-336-3680 EMAIL LKV@LKVARCHITECTS.COM
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Paramount Elementary School
=;t • Meridian Joint School District No. 2
Meridian, Idaho
of Zordnp compliance S -hmim
ACHD �
March 14, 2006
TO: Joint School District #2
911 Meridian Road
Meridian, Idaho 83642
SUBJECT: MCZC-06-001
-- Paramount -Elementary School
Produce Avenue
Right -of -Way & Development Department
Planning Review Division
In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed
the submitted application and site plan for the item referenced above. District staff submits the following
comments in relation to the proposed development:
• This elementary school was considered as part of the overall site plan for Paramount
Subdivision and was included in the Paramount Subdivision Traffic Impact Study.
• Producer Avenue is a local street within the development, and the improvements (including curb,
gutter, and sidewalk) were required of the developer of the subdivision.
• The applicant has proposed the primary access on Producer Avenue to align with Peck Street.
This proposal meets District policy.
• The secondary access on Producer Avenue offsets Poiter Street by approximately 25 -feet. While the
driveway location does not meet District offset policy, the school site and surrounding property lines and
street layouts were completed prior to the design of the school. The school is working with existing
constraints. The District will grant a modification of policy to allow the driveway as proposed at the west
property line. The District would encourage the applicant to design this driveway as an EXIT ONLY to
minimize potential conflicts with Poiter Street.
• Prior to final approval you will need to submit plans to the ACHD Development Review
Department.
If the site plan or use should change in the future, ACHD will review the site plan and may require
improvements to the transportation system at that time.
Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement
widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD.
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincer ,
Lori Den Hartog
Planning Review Supervisor
Right -of -Way and Development Services
Cc: Project File, Utilities
City of Meridian
LKV Architects 1735 Federal Way Boise, Idaho 83716
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CHDJohn S. Franden, President
Carol A. McKee, 1st Vice President
Dave Bivens, 2nd Vice President
Sherry R. Huber, Commissioner
Rebecca W. Arnold, Commissioner
RECEIVED
�iom�,wv�acl�o �r�iv�ica
July 5, 2006
To: Russell Durstan
17 S. dewey Ln.
Nampa, ID 86387
Subject: MMCU-06-001
Setback Modification
2593 W. Ditch Creek
_l o �? E.
GITY OF MERIDIAN
(:IT`S` rl FRV r!7!7fr�_
In response to your request for comment, the Ada County Highway District (ACRD) staff
has reviewed the submitted application and site plan for the item referenced above. It has
been determined that the Right -of -Way and Development Services Department does not
have any site specific requirements for you at this time due to the fact that the proposed
development will not generate more than 10 new vehicle trips per day and is not a change
in use. If the site plan or use should change in the future, ACHD will review the site plan
and may require improvements to the transportation system at that time.
Prior to final approval you will need to submit plans to the ACHD Development
Review Department.
A traffic impact fee may be assessed by ACHD and will be due prior to the issuance
of a building permit. Contact ACHD Planning & Development Services at 387-6170
for information regarding impact fees.
Prior to the construction or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement
must be obtained from ACRD.
If you have any questions, please feel free to contact me at (208)'387-6177.
%cerely,
Joe unz
Planner Intern
Right -of -Way and Development Services
CC: Project file, Construction Services, City of Meridian,
John & Sandra Calpin
2593 W. Ditch Creek
Meridian, ID 83642
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
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DESCRIPTION
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TAX
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CONSULTING ENGINEERS
815 PARK BOULEVARD SUITE 230
BOISE, IDAHO 83712-7739
PHONE (208) 345-7127
FAX (208) 345-7173
TO: L. k v A-e&VjVTE-e-T-S
LETTER OF TRANSMRTAL
DATE: JOB NO.: O ll(p
ATTENTION: AmgELf-- VAN OcI,tI?—
RE: { HMV 0,UUT C uvt�u [ Z1 iz
WE ARE SENDING YOU the following items:
Record drawings _ Prints _ Plans _ Samples Disk
Copy of letter Catalog Sheets _ Specifications A Other _ Owner's Manuals
COPIES
DATE
NO.
DESCRIPTION
(S/o(p
%sn7t_Tb—for/�T 5P'F- LE61HTDL-Y7 Ai)4tY5cS
THESE ARE TRANSMITTED as checked below:
For approval _ No exception noted
For your use _ Make corrections noted
Submit specified item _ Returned for corrections
For review and comment _ Prints returned after loaned to us
REMARKS:
COPY TO: SI
Rejected
Revise and Resubmit
01/03/2006 TUE 8;44,- 'AX 4-H leridian Admin �% X002/002
AFFIDAVIT OF LEGAL INI'EREsT
STATE OF IOAHO
COUNTY OF ADA )
�y��0itantc)ddress)
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(city) (state)
being first duly sworn upon, oath, depose and say:
'fhflt I am the record owner of the property described on the attached, and I grant my
permission to:
(name) (address)
to submit the accompanying applicatiou(s) pertaining to that property.
2. 1 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 tine statetnenis contained
herein or as to tine ownership of the property which is the subject of the application_
3. 1 hereby grant permission to City of Meridian staff to enter file subject property for the
purpose of site inspections related to proocssing said applioation(s).
Dated this -S,�_day of
(5ignamrc)
i �CiRj I•to before me the day and year first above written.
CRI$)dl�
j�••typTglQ~'L�••: .0 [it�1�o (�in��4�rtal
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Residing at
I'll' -ii ~00000 �' �`.�V,��'•, My Commission Expires'
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IRRIGATION PERFORMANCE
UDC 11-3B-6
Project Name: �arcL vnos, rt 1 Elgin tart }dr./
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Specifications:
Available Water Pressure: Ings, t DSi Cprti^`�'`f
Point of Connection (describe and/or submit asite rlan): rtT I��.i� A&) a2GRgr titer Aoe,
Primary Connection: " irriag Ca. osi
Secondary Connection: IF Z"eiU W/ I'r r - 16ps! - 30 %p,,,-.
Landscape Area: If the irrigation system is hooked to Cittyy water as a primary or secondary water source, submit the
square footage of landscaped areas to be irrigated: Zly. I is 5 square feet
13ackilow Prevention _A backflow prevention device must be installed as required by City Ordinance 9.3.
Coverage: The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular
spacing as appropriate.
Matched Precipitation Rates: Sprinkler heads must have matched precipitation rates within each control valve
circuit.
Irrigation Zones: Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are
on a separate zone or zones from those irrigating trees, shrubs, or other reduced -water -demand areas.
Overspray: Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks,
driveways, and parking areas.
Notes:
Irrigation Required: All landscape areas shall be served with an automatic underground irrigation system.
Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28,
Irrigation Water Source: Use of non -potable irrigation water is required when determined to be available by the City
Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water
meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be
used as a primary irrigation water source on non-residential lots with more than h acre of landscaping. Year round
water availability Is also required by connecting to city potable water or an on-site well as a secondary source.
Certification:
I have read and understand the above specifications and notesjor irrigation systems and hereby aJfam that any
irrigation system insialledjor the project mentioned above will comply with these epecUlcalions and notes.
Applicant's Signature: Date:
21-11-'06 15:00 FROM -SSC
Y1/lY/LVYU IM LV,LO I1151A
TRANSMITTAL
DATE: 10 January 2006
TO: Sanitary Service Company
Bill Gregory
SSS -5052
THE FOLLOWING:
T-344 P0011002 F-740
'aVVL/VV&
PROJECT: Joint School District No. 2
Paramount Elementary
VIA: MAILED 11
FAXED X
DELIVERED Q
PICKED UP -11
Attached is a revised plan of the trash enclosure. I have moved the curb cut, so that
there Is a straight shot to the trash enclosure and have made the curb cut 30' wide.
think that this is a better layout for the trucks to get in and out. I also sketched In the
dumpster in the enclosure and I have plenty of room to clear the building with more then
5'. Please let me know if you have any questions.
SANITARY SERVICE COMPANY
Apprgyed B 'f;>,L-- �e,o
COMMENTS:
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FOR x USE X APPROVAL
YOUR: C! INFORMATION !.l RECORD
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!..I REVIEW & COMMENT
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1735 FEDEpAI. WAV, 60151=.IDAHO 98706 - PHONE 2U9,a88.3aA3 ,. FAX 208,335,3600 - kimbcdy@Ikvarohileots.dim
01-11-'06 15:00 FROM -SSC 2088885052 T-344 P002/002 F-740
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December 23, 2005
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F. F. B. S., CRYO.
Copy
DELIVER TO: MARK FREEMAN
FOLEY FREEMAN BORTON & STERN
77 E. IDAHO, SUITE 100
MERIDIAN, IDAHO 83642
Thank you for choosing TitleOne Corporation for your title insurance needs.
Enclosed you will find the following:
Original Recorded Deed of Gift
Owner's Policy of Title Insurance, Order No. A0547492
Ref: JOINT SCHOOL DISTRICT NO. 2
If you have any questions regarding the closing, your Escrow Officer is KEN
FRANKLIN, 208-424-8511. Should you have any questions regarding this title
policy, your Title Officer is JOSEPH GROPP, 208-424-8511.
1 1�v 5 H7 q'12 ADA COUNTY RECORDER J. p"OID NAVARRO AMOUNT 18.00 6 U
001BE IDAHO 12116105 12:4DEPUTY 1,,
• Bonnie
RECORDEDREQUESTOF IIIIIIIIIIII IIIIIIIIIII IIII
Title One 1051191991996
DEED OF GIFT
(Paramount School)
N
THIS DEED OF GIFT made this IS � day of J>k� Ctr MS t5 K, 2005,
between PARAMOUNT, LLC, an Idaho limited liability company, ("Grantor") and
JOINT SCHOOL District NO. 2, whose current address is 911 Meridian Road, Meridian,
Idaho 83642 ("Grantee").
WITNESSETH:
Section 1. Conveyance.
AS A GIFT to Grantee, Grantor does hereby grant and convey to Grantee all of
the real property located in the County of Ada, State of Idaho, described on "Exhibit A"
attached hereto and made a part hereof (the "Property").
TOGETHER with all and singular the tenements, hereditaments and
appurtenances thereunto belonging or in anywise appertaining.
This conveyance by Grantor to Grantee is made subject to the following
exceptions:
1. All taxes and assessments levied and assessed against the Property,
including liens and assessments of any irrigation district, for the year 2006 and thereafter.
All such taxes and assessments, including liens and assessments of any irrigation district,
for the year 2005 shall be prorated between Grantor and Grantee as of the date of this
Deed of Gift. All such taxes and assessments, including liens and assessments of any
irrigation district for the year 2004, and before shall be paid by Grantor.
2. Easements and rights-of-way for roads, ditches, tunnels, utilities and other
purposes and uses, which easements and rights-of-way are of record or visible upon a
physical inspection of the Property.
3. Exceptions, reservations, terms, covenants and conditions of record.
Section 2. Conditions of Conveyance.
TO HAVE AND TO HOLD the Property unto Grantee subject to the following
express conditions and covenants which are accepted and agreed to by Grantee as
evidenced by Grantee's execution of this Deed of Gift (collectively, "Grantee
Covenants"):
A. Construction of Elementary School. By September 1, 2006, Grantee shall
commence or cause to be commenced construction (i.e., pouring foundations for the
buildings) of an elementary school ("School"). Thereafter, Grantee shall diligently
pursue, or cause to be diligently pursued, completion of construction of the School,
Deed of Gift - 1
SACLIENTS\6927\20eed of Gift Paramount School GP02.DOC
subject to delays resulting from acts of God and other conditions outside of the control of
Grantee. The obligations set forth in this Section 2(A) shall collectively be referred to as
the "Construction Covenant".
B. Prohibitions on Use. Without the prior written consent of Grantor, which
consent may be withheld the sole and exclusive discretion of Grantor, at no time and
under no circumstances shall the Property, or any portion thereof, or the School to be
constructed thereon, be utilized for (i) residential, commercial, industrial or other
purposes which are inconsistent with the use of the Property as an elementary school; or
(ii) any use which is inconsistent with the use of the Property pursuant to the duly
adopted, written policies of Grantee.
C. Restriction of Transfer. The Property shall not, in whole or in part, be
transferred or conveyed by Grantee.
D. Name of School. Without the prior written consent of Grantor, which
consent may be withheld the sole and exclusive discretion of Grantor, the School to be
constructed on the Property shall be referred to as the "Paramount Elementary School".
Section 3. Term of Grantee Covenants - Succession.
The term of the Grantee Covenants shall commence on the date recordation of
this Deed of Gift and continue thereafter for a period of thirty (30) years following the
date of recordation of this Deed of Gift ("Covenant Term"). From and after the
expiration of the Covenant Term, the Grantee Covenants shall automatically terminate
and end and shall be of no further force or effect.
The Grantee Covenants shall be a burden on the Property for the benefit the
Grantor, its successors and assigns, and shall run with the land.
Section 4. Reversion Upon Breach of Construction Covenant.
To insure that performance of the Grantee Covenants, it is an express condition of
this conveyance that if Grantee fails to comply with the Construction Covenant, then fee
title to the Property shall revert to Grantor, without the necessity of any instrument of
conveyance. In such event, upon the request of Grantor, Grantee agrees, by its
acceptance below, to promptly execute, acknowledge and deliver to Grantor a good and
sufficient Quitclaim Deed or other instrument of conveyance effective to convey to
Grantor all right, title and interest of Grantee in and to the Property and terminate and end
all such right, title and interest of Grantee in and to the Property. The right of reversion
herein set forth shall be senior and superior to any lien, easement, restriction, condition or
other interest or right in or against the Property which may be created by or attributable to
Grantee, and upon such reversion, Grantor shall take fee title to the Property free and
clear thereof.
Deed of Gift - 2
SACLIENTS\6927\2\Deed of Gift Paramount School GP02.DOC
Section 5. Acceptance.
By its acceptance below, Grantee shall be deemed to have accepted and agreed to
comply with the Grantee Covenants set forth in this Deed of Gift.
PARAMOUNT, LLC, an Idaho limited
liability company
By: Mill District, LLC, Member
(formerly known as Brighton
Properties, LLC)
By: Turnbull Family Limited
Partnership, Managing
Member
By:
David W. Turnbull,
General Partner
Deed of Gift - 3
SACLIENTS\6927\2\Deed of Gift Paramount School GP02.DOC
l
State of Idaho )
ss.
County of Ada )
On this day of �Z&zIW 2005, before me, a Notary Public in and for said
State, personally appeared David W. Turnbull, known or identified to me to be the
General Partner of Turnbull Family Limited Partnership, the Managing Member of Mill
District, LLC, an Idaho limited liability company, which is a Member of PARAMOUNT,
LLC, a limited liability company, the member or one of the members who subscribed
said limited liabiljjy„�,p gany name to the foregoing instrument, and acknowledged to
me that suc�i••1�i}3iWglia%ty company executed the sates in said limited liability
company
N0TA-4 'a 1` I
�j �,� �.� •c TotaP lie Idaho
'•.,9P •'il...o•'�O.�P` Residing
/D•/0- 2D 11
State of Idaho )
ss.
County of Ada )
On this /J tay of &LIALO�V2005, before me, a Notary Public in and for said
State, personally appeared -ge+tH or identified tome to be
a Member of Parkland Development, rLC, an Idaho limited liability company, which is a
Member of PARAMOUNT, LLC, a limited liability company, the member or one of the
members who subscribed said limited liability company name to the foregoing
instrument, and acknowledged to me that such limited liabili ompany executed the
same in said limited liability company name.
ooO�CCA A.''.
4• • • •94, 1. Notary Pub
:• A0T IRS ,N Residing at
i
tn�.�AOBLIG
T�
OF ID
Deed of Gift - 4
SACLIENTS\6927\2\Deed of Gift Paizmount School GP02.DOC
ACCEPTANCE
JOINT SCHOOL DISTRICT NO. 2, by its execution below, hereby accepts the
terms of the foregoing Deed of Gift and agrees to accept title to the Property subject to
the Grantee Conditions and right of reversion set forth therein, and agrees to comply with
the same.
DATED:2005
JOINT SCHOOL DISTRICT NO. 2
By: C l
State of Idaho )
ss.
County of Ada )
On this14�'- day of teecw,6er, 2005, before me, a Notary Public in and for said
State, personaally� �a�ppeared Li nda. Nmk , known or identified to me
the �ubPX�vti° v�deV of Joint School District No. 2, the corporation
that executed the foregoing instrument, and acknowledged to me that such corporation
the same.
�a`4V.
!GtA A. �G
4 t�OTARl,
PUB LAG
s)h OF ,OP
§p
*
Deed of Gift - 5
C:\DOCUME-1\isadmin\LOCALS-1\Temp\W PM$7491.doe
Notary Pu} llic,for Idaho
Residing a�/Y'k�//�.
EXHIBIT A
(Description of Property)
A parcel of lend located In. the Northwest Quarter of the Southeast Quarter of Section 25, Township 4 North,
Range 1 WesL Bolsa Meridian, Meddian, Ada County, Idaho, more particularly described go follows:
at the Quarter section comer common to Sections 26 and 26 of said Township 4 North, Range
?687.27 feet an the East-West mldsec8on line of sold Section 26 to the center
of Bald Section 26; thence
to the REAL POINT OF BEGINNING; thence
thence
thence
North 46°48'69" East 690.00 feet to the REAL POINT OF BEGINNING.
Deed of Gift - 6
S:\CLIENTS\6927\2\Deed of Gift Paramount School GP02.130C
OWNER'S POLICY OF TITLE INSURANCE
Issued by Commonwealth Land Title Insurance Company
POLICY NUMBER
LandAmerica Commonwealth Land Title Insurance Company is a member ofthe B b b- 0 4 2 2 5 0 5
Commonwealth LandAmedca family of title insurance underwriters.
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania
corporation, herein called the Company, insures, as,of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance staled in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as staled therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the
extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal
to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or
agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest:
_ r.,, TPresident
on
kk'Ojfo 1,dda
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws,, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien orencumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Dale of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest
insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or. similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or
fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except
where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
ALTA Owner's Policy (10!17192)
Form 1190-104 ORIGINAL Valid only if Schedules A and B are attached
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (
The following terms when uses in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to
any rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or fiduciary
successors.
(b) "insured claimant": an insured claiming lass or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the public
records as defined in this policy or any other records .which impart constructive
notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or
referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which aright of access to and from the land
is insured by this policy.
(e) - "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records": records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of matters relating to
.real property to purchasers for value and without knowledge. With respect to
Section 1(a)(ty) of the Exclusions From Coverage, "public records" shall also
include environmental protection liens filed in the records of the clerk of the United
Stales district court for the district in which the land is located.
(g) "unmarketability of the title': an alleged or apparent matter
affecting the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be released
from the obligation to purchase by virtue of a contractual condition requiring the
delivery of marketable Lille.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Dale of Policy in
favor of an insured only so long as the insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given by a
purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or
conveyance of the estate or interest. This policy shall not continue in force in favor
of any purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured.
S. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the.Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (it) in case knowledge shall come to
an insured hereunder of any claim of title or interest which is adverse to the title to
the estate or interest, as insured, and which might cause loss or damage for which
the Company may be liable by virtue of [his policy, or (iii) if title to the estate or
interest, as insured, is rejected as unmarketable. If prompt notice shall not be
given to the Company, then as to the insured all liability of the Company shall
terminate with regard to the matter or matters for which prompt notice is required;
provided, however, [hal failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be prejudiced by
the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the
options contained in Section 6 of these Conditions and Stipulations, the Company,
atits own cost and without unreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim adverse to the title or
interest as insured, but only as to those staled causes of action alleging a defect,
lien or encumbrance or other matter insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to the right of the insured
to object for reasonable cause) to represent the insured as to those stated causes
of action and shall not be liable for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured in
the defense of those causes of action which allege matter not insured against by
this policy. -
(b) The Company shall have the right, at its own cost, to institute
and prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the estate or interest, as
insured, or to prevent or reduce loss or damage to the insured. The Company may
take any appropriate action under the terms of this policy, whether or not it shall be
liable hereunder, and shall not thereby concede liability or waive any provision of
this policy. If the Company shall exercise its rights under this paragraph, it shall do
so diligently.
(c) Whenever- the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of this policy, the
Company h, aursue any litigation to Mel determination by a court of competent
jurisdiction and expressly reserves the right. In Its sole discretion, to appeal from
any adverse judgment or order.
(d) In all cases wherethis policy permits or requires the
Company to prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide defense In
the action or proceeding, and all appeals therein, and permit the Company to use,
at its option, the nameofthe insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or affecting
settlement, and (ii) in any other lawful act which In the opinion of the Companymay
be necessary or desirable to establish the title to the estate or Interest a& Insured.
If the Company is prejudiced by the failure ofthe insured to furnish the required
cooperation, the Company's obligations to the insured under the policyshall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations'have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts giving
rise to the loss or damage. The proof of loss or damage shall describe the defect
in, or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent
possible, the basis of calculating the amount of the loss or damage. If the
Company is prejudiced by the failure of the insured claimant to provide the required
proof of loss or damage, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or continue
any .litigation, with regard to the matter or matters requiring such proof of loss or
damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by. any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Dale of Policy, which reasonably pertain to
the loss or damage. Further, if requested by any authorized representative of the
Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure -
reasonablynecessary information from third parties as required in this paragraph
shall terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
In case of a claim under this policy, the Company shall have the
following additional options: -
(a) To Pay or Tender Payment of the Amount of Insurance.
(i) To pay or tender payment of the amount of
insurance under this policy together with any costs, attorneys' fees and expenses
incurred by the insured claimant, which were authorized by the Company, up to the
time of payment or lender of payment and which the Company is obligated to pay.
(ii) Upon the exercise by the Company of this option,
all liability and obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or
in the name of an insured claimant any claim insured against under this policy,
together with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to the time of payment and
which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant
the loss or damage provided for under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or ii), the Company's obligations to the insured under this
policy for -the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute or
continue any litigation.
TITLEONE CORPORATION
Authorized agent for:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B
File Number:A0547492 Policy Number: B66-0422505
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
1. Rights or claims of parties in possession not shown by the public records.
2. Encroachments, overlaps, boundary disputes, and any other matters which would be disclosed by an
accurate surveyor inspection of the premises including, but not limited to, insufficient or impaired access
or matters contradictory to any survey plat shown by the public records.
3. Easements, or claims of easements, not shown by the public records
4. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by
law and not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b), or (c)
are shown by the public records.
6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records. Proceedings by a public agency
which may result in taxes or assessments, or notices to such proceedings whether or not shown by the
records of such agency, or by the public records.
7. Real property taxes which may be assessed, levied and extended on any "subsequent and/or occupancy
roll" with respect to improvements completed during the current tax year and previous tax years, which
escaped assessment on the regular assessment roll, which are not yet due and payable.
8. The land described herein is located within the boundaries of City of Meridian (208-888-4433) and is
subject to any assessments levied thereby. Paid Current.
9. The land described herein is located within the boundaries of Settlers Irrigation District (208-344-2471)
and is subject to any assessments levied thereby. Paid Current.
10. Terms, provisions, conditions, and, restrictions contained in Development Agreement by and between City
of Meridian, Ron and Becky Hanks, Sheridan Kooyers, Meridian Joint School District No. 2, Dwaine and
Sharon Wolfe and Paramount, LLC.
Recorded: August 14, 2003
Instrument No: 103137116
11. Notwithstanding Paragraph 4 of the insuring clauses of the policy or policies to be issued, the policy or
policies when issued will not insure against loss arising by reason of any lack of a right of access to and
from the land.
ALTA Owners/Leasehold Owner's (A0547492.PFD/AO547492/26)
Schedule 8 (10/97/92)
TITLEONE CORPORATION
Authorized agent for:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE A
File Number: A0547492
Amount of Insurance: $ 450,000.00
Date of Policy: December 16, 2005 at 12:44 PM
1. Name of Insured:
Joint School District No. 2
Policy Number: B66-0422505
Premium: $ 1,542.50
2. The estate or interest in the land which is covered by this policy is:
Fee Simple ,
3. Title to the estate or interest in the land is vested in:
Joint School District No. 2
4. The land referred to in this policy is described as follows:
A parcel of land located in the Northwest Quarter of the Southeast Quarter of Section 25,
Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Quarter section corner common to Sections 25 and 26 of said Township 4
North, Range 1 West; thence
South 89°27'08" East, 2687.27 feet on the East-West mid-section line of said Section 25 to the
center Quarter section corner of said Section 25; thence
North 83°53'46" East, 842.33 feet; thence
South 45°48'59" West, 285.00 feet to the REAL POINT OF BEGINNING; thence
South 44°11'01 East, 748.00 feet; thence
South 45048'59" West, 610.00 feet; thence
North 44°11'01" West, 748.00 feet; thence
North 45°48'59" East, 610.00 feet to the REAL POINT OF BEGINNING.
TITLEONE CORPORATION
By:
OSEPH GROPP, Authorized Officer
ALTA Owner's
Schedule A (10/17/92) (A0547492.PFD/A0547492/26)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by (his policy and only to the extent
herein described.
(a) The liability of the Company under this policy shall not exceed
the least of.
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured
estate or interest as insured and the value of the insured estate or interest subject
to the defect, lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance staled in Schedule A at
the Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land which
increases the value of the insured estate or interest by at least 20 percent over the
Amount of Insurance staled in Schedule A, then this Policy is subject to the
following:
(i) where no subsequent improvement has been
made, as to any partial loss, the Company shall only pay the loss pro rata in the
proportion that the amount of insurance at Date of Policy bears to the total value of
the insured estate or interest at Dale of Policy; or
(it) .where a subsequent improvement has been made,
as to any partial loss, the Company shall only pay the loss pro rata in the proportion
that 120 percent of the Amount of Insurance stated in Schedule A bears to thesum
of the Amount of Insurance slated in Schedule A and the amount expended for the
improvement.
The provisions of this paragraph shall not apply to casts, attorneys' fees
and expenses for which the Company is liable under this policy, and shall only
apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the
Amount of Insurance stated in Schedule A. .
(c) The Company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or more
of the parcels but not all, the loss shall be computed and settled on a pro rala basis
as if the amount of insurance under this policy was divided pro rain as to the value
on Dale of Policy of each separate parcel to the whale, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the Company and the insured at
the time of the issuance of this policy and shown by an express statement or by an
endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged
defect, lienor encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketabilily of title, all as insured, in a reasonably
diligent manner by any method, including litigation and the completion of any
appeals therefrom, it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any
insured for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF
LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' tees and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE,
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring a
mortgage to which exception is taken in Schedule B or to which the insured has
agreed, assumed, or taken subject, or which is hereafter executed by an insured
and which is a charge or lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a payment under this policy
to the insured owner.
12. - PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed, in which
case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter. .
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation
Whenever the Company shall have settled and paid a claim
under this policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured claimant would have had against any person
or property in respect to the claim had this policy not been issued. If requested by
the Company, the insured claimant shall Transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of
subrogation. The insured claimant shall permit the Company to sue, compromise
or settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these fights or remedies.
If a payment on account of a claim does not fully cover the
loss of the insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the whole
amount of the loss.
If loss should result from any act of the insured claimant, as
staled above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this policy
which shall exceed the amount, if any, lost to the Company by reason of the
impairment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non insured Obligors.
The Company's right of subrogation against non-insured
obligors shall exist and shall include, without initiation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which provide for subrogation
rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the insured arising
out of or relating to this policy, any service of the Company in connection with its
Issuance or the breach of a policy provision or other obligation. All arbitrable
matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at
the option of either the Company or the insured. All arbitrable matters when the
Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when
agreed to by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding upon
the parties. The award may include attorneys' fees only if the laws of the state in
which the land is located permit a court to award attorneys' fees to a prevailing
party. Judgment upon the award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction [hereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
1s. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached
hereto by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision ofthis policy, [his policy shall be
construed as a whale.
(b) Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted to this
policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or validating
officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision and
all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at Consumer Affairs Department, P.O. Box
27567, Richmond, Virginia 23261-7567.
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ID 110 j
Planning Department
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
Project name: Pa r<t i"t'1 C U O+ u f'men- UY File #:
Applicant/agent
All applications are required to contain one copy of the following unless otherwise noted:
Applicant
staff
Description
Completed & signed Administrative Review Application
'✓
Narrative fully describing the proposed use of the property, including the following:
➢ Information on any previous approvals or requirements for the requested use
-✓.
i.e. applimble conditions of approyal or DmelopmentA ant -
Recorded warranty deed for the subject property
Affidavit of Legal Interest signed & notarized by the property owner (if owner in a corporation,
submit a oerw of We Articles aftnaerponaton or other evidence to abow dmt the pare sigaing h an auWorired a ML
Scaled vicinity map showing the location of the subject property-
Irrigation Performance Specifications form completed & signed by the applirantlagent
Sanitary Service Company approval for trash enclosure & access drive (stamped Biteplan)
A photometric test report for any light fixWre(s) with a maximum output of 1,8001umens
or more (see UDC 11-3A-11
Site Plan—1 copies (folded to 8 W' x 11" size)
V
The 191lowing items must be shown on the siteplan:
• Date, scale, north arrow, and project mime (scale not lees Wan V-50')
• Names, addresses, and telephone ntunbers of the developer and the person and/or
firm preparing the plan
• Parking stalls and drive aisles
• Trash enclosure(s)location
• Detail of trash enclosure (moat be screened on 3 aides)
• Location and specifications for underground irrigation (Pemauriud irrigation can only be
waived ifyou inove no water rights exist to subject
• Sidewalks or pathways (proposed and misting)
• Location of proposed building on lot (include dimensions to piopeg lines)
• Fend (proposed and exietin )
• Calculations table including the following:
-
Number of parking stalls required & provided (specify handicap & compact stairs)
➢ Building size (sq" ft.)
➢ Lot size (sq. R)
Setbacks
➢ Zoning district
• Reduction of the site plan 8 Yz" x 11'
Landscape plan — 3 copies (folded to 8 Yz" x 11" size)
Phm must have a scale rw smaller thmr I" 50' (1 "20' is preferred) and be on a standard
drawingsheet, not to exceed36"x48"(24"x36"isprefermo. Aplanwhichcanrmtbedrawnin
)��L
its entirely on a single sheet must be drawn with appropriare mach lines on two or more sheets.
S P-
The Howing items must be included on the landscapeplan:
PA
♦ Date, scale north arrow, and project name
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org
ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All impactfees, tfany, shall be paid prior to the issuance of buildingpennit. Ifany changes most be
made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of
Meridian Planning & ZoningDeparnnent for approval prior to the issuance ofa buildingpermit
Your building permitwill not be issued untilACHD has approved your plans and all associated fees have been paid.
THIS APPLICA TION WALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HASRECEIVED ALL
REQUIRED INFORMATION.
• Existing natural features such as canals, creeks, drains, ponds, wetlands,
flood lain, lugh groundwater areas, and rock outcroppings.
• Location, size, and species of all existing trees on site with trunks 4 inches or
greater in diameter, measured 6 inches above the ground. Indicate whether the
tree will be retained or removed.
• A statement of how existing healthy trees proposed to be retained will be
protected from damage during construction
• Existing structures, planting areas, light poles, power poles, walls, fences, berms,
parking and loading areas, vehicular drives, trash areas, sidewalks, pathways,
stormwater detention areas, signs, street furniture, and other man-made elements.
• Existing and proposed contours for all areas steeper than 20% slope. Berns shall.
be shown with one -foot contours.
• Sight Triangles as defined in 11-3A-5 of this ordinance.
• Location and labels for all proposed plants, including trees, shrubs, and
grounder vers (heel must not be planted in City water or sewer easements). Scale shown for
plant materials shall reflect approximate mature size
• A plant list that shows the plant symbol, quantity, botanical name, common name,
minimum planting size and container, tree class (1, 11, or III), and comments (for
spacing, stalking, and installation as appropriate).
• Planting and installation details as necessary to ensure conformance with all
required standards.
• Design drawing(s) of all fencing proposed for screening purposes
• Calculation of project components to demonstrate compliance with the
requirements of this ordinance, including:
➢ Number of street trees and lineal feet of sheet frontage
➢ Width of street buffers (exclusive of right-of-way)
➢ Width of parking lot perimeter landscape strip
➢ Buffer width between different land uses (if applicable)
➢ Number of parking stalls and percent of parking area with internal landscaping
D Total number of trees and tree species mix
➢ Mitigation for removal of existing trees, including number of caliper inches
being removed
Reduction of the landscape lar 8 W' x 1l'
Building elevations showing construction materials
rer,
Fee (If this project had prior approval on a site plan, reduced fees may apply
-. ✓ -..
ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All impactfees, tfany, shall be paid prior to the issuance of buildingpennit. Ifany changes most be
made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of
Meridian Planning & ZoningDeparnnent for approval prior to the issuance ofa buildingpermit
Your building permitwill not be issued untilACHD has approved your plans and all associated fees have been paid.
THIS APPLICA TION WALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HASRECEIVED ALL
REQUIRED INFORMATION.