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ITEM # 2: PUBLIC HEARING, CONDITIONAL USE PERMIT, LEON GINGRICH:
MAYOR KINGSFORD OPENED MEETING FOR PUBLIC HEARING, THERE WAS NO
RESPONSE, PUBLIC HEARING CLOSED:
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~'''`~ COUNCILMAN GIESLER, MR. GINGRICH ANY PROBLEMS WITH THE RECOMMEND-
'
. ATIONS MADE?
MR. GINGRICH, NO PROBLEMS.
MR. GINGRICH INQUIRED ABOUT WATER AND SEWER AND TRASH HOOKUPS
AND FEES.
MR. GINGRICH WAS ADVISED IF HE WAS NOT IN AGREEMENT WITH FEES
_`
~ Lj ASSESSED, IT WOULD NEED TO BE BROUGHT BEFORE THE BOARD OF APP-
RAISERS .
THE MOTION WAS MADE BY GIESLER AND SECONDED BY BREWER TO APPROVE
AND ADOPT THE FINDINGS O1~' FACT ARID CONCLUSIONS AS PREPARED FOR
THE PLANNING AND ZONING COMMISSION.
MOTION CARRIED: ALL YEA:
,. w~ -~'~; THE MOTION WAS MADE BY GIESLER AND SECONDED BY TOLSMA TO APPROVE
THE CONDITIONAL USE PERMIT FOR LEON GINGRICH.
MOTION CARRIED: ALL YEA:
ITEM #3t PUBLIC HEARING, VARIANCE & FINAL PLAT, ARNIE SUBDIVISION:
:'
MAYOR OPENED THE MEETING FOR PU3L1C HEARING:
~~~'~`~ ~ MR. JOHw HVEZDA
635 EAST STATE
ARE THEY GOING TO BUILD TOWPIHOUSES?
MRS. STUTZMAN, NO, SINGLE FAMILY OR DUPLEX.
NO OTHER COMMENTS, PUBLIC HEARING CLOSED.
~'`'~~' MAYOR KINGSFORD, THE CITY ENGINEER HAS SOME PROBLEMS WITH THE
SEWER LINE BEING ON THE BACK PROPERTY LINE, I WILL LET HIM
EXPLAIN WHAT HE PROPOSED TO BE DONE.
MR. GARY SMITH, CITY ENGINEER, WOULD SUGGEST THAT THE ALLEY WHICH
ENDS AT THE WEST SIDE OF THE PROPERTY BE EXTENDED THRU ARNIE SUB-
' DIVISION AND CURVE TO CONNECT WITH THE TURNAROUND ON EAST STATE,
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`' THIS WOULD NOT ONLY GIVE THE FIRE DEPARTMENT ACCESS TO THE BACK
~ ~~ OF THE LOTS BUT SOLVE THE PROBLEM OF ACCESS TO THE SEWER LINE
IN CASE OF PROBLEMS.
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AMBROSE,
FITZQERALD
& CROOKSTON
Attomepa and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884481
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NOTICE OF PUBLIC HEARING
NOTICE. IS HEREBY GISTEN, pursuant to the Ordinances of the
City of Meridian, and the laws of the State of Idaho, that a hearing
will be held before the City Council of the City of r~ieridian, at the
City hall in the City of reridian, 728 3'4eridian Road, "?eridian, Idalz
at 7:30 o'clock p.m., on the 7th day of January, 1985, for the pur-
epose'of considering the application for the issuance of a Con-
ditional Use Permit to Leon Gingrich for the construction of.. a
four (.4) plex apartment building in OLD TOWN on 4 lots East of the
Hungry Onion Drive Inn, Meridian, Idaho, which location is more
particularly described as Lots 5, 6, 7 & 8, Block h, Bowers Addition
records of Ada County, State of Idaho, which .property is part of
OLD TOWN which requires a conditional use permit for development.
The public is welcome and all evidence,.testimonial or
documentary shall be received.
DATEI) this~~day of December, 1934.
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MERIDIAN PLANNING & ZONING
DECEMBER 10, 1984
Meeting called to order by Chairman Bob Spencer at 7:30 p.m.
Members Present: Walt Morrow: Moe Alidjani; Jim Johnson; Jim Shearer;
Tom Cole;
Others Present: Wayne Crookston
The Motion was made by .Morrow and seconded by Alidjani to approve the
minutes of the meeting held November 12, 1984 as written: All Yea:
Item #1: Findings of Fact and Conclusions on Simerly Conditional Use
Permit:
Chairman Spencer, are there any comments from the Commission?
There were none:
The Motion was made by Morrow and. seconded by Shearer that the Meridian
Planning ~ Zoning Commission hereby adopts and approves the Findings of
Fact and Conclusions.
Motion Carried: Morrow, Yea; Alidjani, Yea; Johnson, Yea; Shearer, Yea;
Cole, Yea;
'The Motion was made by Morrow and seconded by Johnson that the Meridian
Planning & Zoning Commission hereby recommends to the City Council that
they approve the Conditional Use Permit requested by the Applicant for
the property described in the application under the conditions stated
in the Findings of Fact and Conclusions.
Motion Carried: All Yea:
Item #2: Findings of Fact and Conclusions on Gingrich Conditional Use
Permit:
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Chairman Spencer, are there any comments from the Commission?'
There were none:
The Motion was made by Alidjani and seconded by Shearer that the
Meridian Planning & Zoning Commission hereby adopts and approves these
Findings of Fact and Conclusions:
Motion Carried: Morrow, Yea; Alidjani, Yea; Johnson, Yea; Shearer, Yea;
Cole, Yea:
The Motion was made by Shearer and seconded by Alidjani that the
Meridian Planning & Zoning Commission hereby recommends to the City
Council that they. approve the Conditional Use Permit requested by the
Applicant for the property described in the application under the
conditions stated in the Findings of Fact and Conclusions:
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P & Z, 12/10/84
Page #2
Motion Carried:
Being no further
was made by Shea
Motion Carried:
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All Yea:
business to come before the Commission the Motion
rer and seconded by Morrow to adjourn at 7:35 p.m.:
All Yea:
APPROVED:
BOB SPENCER, CHAIRMAN
Jack m nn, ity Clerk
: Ma r & Council
___ Z Commission
Police, Fire, JUB
Stuart, Ward, Riebert
Atty, Hein, Mitich
Valley News, Statesman
ACRD, ACC, ACZ, NMID
APA, CDH
File (2)
Mail (2)
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AMBROSE,
FITZGERALD
8 CROOKSTON
Atlomeys and
Counselors
P.O. Bax 427
Meridian, Idaho
83842
Telephone 6884481
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BEFORE THE '4Et2IDIAN PLANNING AND ZONING CO?'2n1ISSION
LEOPd A . ~ INGRICH
CONDITIONAL USE PFR,*iIT
At Lots 5, 6 & 7, Block 6 Bowers Addition
P~ieridian, Idaho
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
November 12, 1984, at the hour of 7:30 o'clock p.m,, the Petitioner j
appearing in person, the Planning and Zoning Commission of the City
of Meridian having duly considered the evidence and the matter makes
the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2.) consecutive weeks prior to the said
public hearing scheduled for November 12, 198x, the first publicatio
of which was fifteen (15) days prior to said hearing; that the mat-
ter was duly considered at the Noverber 12, 1984, hearing; that the
public was given full opportunity to express comments and suk~mit
evidence; and that copies of all notices were made availalile to
newspaper, radio and television stations.
2. That this property is located within the City of P•ieridian
and is owned by the applicant and is described as Lots 5, C & 7,
Block 6, Bowers Addition, P~leridian, Idaho:
3. That the property is located in the OLD T06~N ZONE, that
all development in OLD TOLJN requires a conditional use permit;
4. That proper notice has been given as required by law and
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all approvals and procedures before the Planning and Zoning Com-
mission have been given and followed:
5. That no persons appeared at the hearing objecting to the
use of the property as a multi-family dwelling which is a residentia
use;
6. That the property has been vacant and underdeveloped
ground in the past;
7. That at the public hearing one individual orally stated
his support for the permit and one letter approving of the permit
was submitted;
8. That the Ada County Highway District submitted recom-
mendations which recommendations are incorporated herein by this
reference as if set forth in full hereat;
9, That the proposed use of the property, as a four-plex is
a multi-family dwelling.
CONCLUSIONS
AMBROSE,
FI7ZGERALD
BCROOKS70N
Attorneys and
Counaelore
P.O. Box 427
Maridlan, Idaho
83842
Telephone 888J481
1. That all the procedural requirements of the Local nlanninc~
Act and of the Ordinances of the City of T~eridian have teen met
including the mailing of notice to owners of property wit'_zin 3!?0
feet of the external boundaries of the applicant's property and
having obtained the consent of 750 of the owners of property within
300 feet of the external boundaries of the applicant's property;
2. That the City of _reridian has authority to grant condi-
tional uses pu~-s~iant to 67-6517., Idaho Code, and, pursuant to
11-2-418 of the devised and Compiled Ordinances of the City of
Meridian, Idaho; --
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3. That~the City of ~7eridian has authority to place condition
on a conditional use permit and the use of the property pursuant to
67-6512, Idaho Code, and pursuant to 11-2-d18(D) of the Revised and
Compiled Ordinances of the City of teridian, Idaho;
4. That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the con-
ditions of the area, the Planning and Zoning Commission specificallg
concludes as follows:
a. The uses, in fact, constitute a conditional use and a con-
ditional use perr,:it is required by ordinance.
b. The uses will be harmonious caith and in accordance with
the Comprehensive Plan and the Zoning Ordinance.
c. The uses will be designed, constructed, operated, and
maintained to be harmonious in appearance with the in-
tended character of the general vicinity such being des-
ignated for mixed development.
d. That the uses will not be hazardous or disturbing to ex-
isting oa future neic~hborinR uses.
e. The Petitioner is responsible for the extension of the
sewer anon water lines and it should be able to provide s
adequately those services.
f. The uses will not create excessive additional requirement:
at public cost for public facilities and services and
will not be detri=:rental to the economic welfare of the
community .
AMBROSE,
FITZGERALD
BCROOKSTON
Atlomeysend
Counselors
P.O. Box 427
Meridian, Idaho
83842
YeleDhone8881481
g. The uses will not involve uses, activities, processes,
materials, equipment and conditions of operation that wil
be detrimental to any person, property or the general wel
fare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors.
Forge 3
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AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counaelore
P.O. Box 427
Meridian, Idaho
838/2
Telephone 8881481
h. The uses and development shall be required to have
vehicular approaches to the property which shall be so
designed as not to create an interference with traffic
on surrounding public streets.
i. The development and uses will not result in the destruc-
tion, loss or damage of a natural or scenic feature of
major importance.
5. That the recommendations and requirements submitted by the.
Ada County Highway District are felt to be appropriate and the
Applicant had no problem with complying with them and they shall be
required; ~'~
6. That the Applicant shall be required to pay appropriate
rates for sewer, water, and trash and shall be required to pay for
any and all connection fees for water and sewer necessitated by his
uses;
7. That the permit once granted shall not be personal to the
Applicants and shall be transferrable to other individuals and the
permit shall run with the land but it may not be transferred to
another parcel of property;
8. That a Conditional Use Permit is required for all
development in the OLD TOWN DISTRICT and these projects and
applications meets the guidelines contained in 11-2-50$(E 9), ,<
OLD TOWN DISTRICT.
APPROVAL O~ FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and ap-
proves these Findings of Fact and Conclusions.
Page 4
ROLL CALL:
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Chairman Spey
Morrow
Alid;jani
Johnson
Shearer
Cole
zcer (TIE BREAKER)
....~
Voted Val
Voted~~l '
Voted JeJ
Voted Yo t
Voted ~~~
Voted
DECISION AND RECO*iMENDATiON
The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Peridian that they approve the
Conditional Use Permit requested 'by the~Applicant for the property
described in the application under the conditions stated herein.
MOTION:
APPROVED : J (. ~
DISAPPROVED:
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AMBROSE,
FITZGERALD
6 CROOKSTON
Ariomeys and
Gounaelore
P.O. Box 427
Marldian, IdaAo
83842
TetapAone 888481
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There was dicussion among the Commission Members regarding Ada County
Highway District recommendations as well as assessment on Water and _~
Sewer should be required.
The Motion was made by Morrow and seconded by Alidjani to have the
City Attorney prepare Findings of Fact and Conclusions on the Request.
Motion Carried: All Yea: -
The Motion was made by Morrow and seconded by Cole that the Findings
reflect the Commissions recommendation of approval to the City Council
and that the Ada County: Highway District recommendations not be
enforced.
Motion Carried: All Yea:
Item #2: Public Hearing, Conditional Use Permit for Leon Gingrich.
The Commission was advised the property was located in the Old Town
Zoning and any ~oi~str~e~tiori -other thanes ~,~ingle family required a
Conditional Use Permit.
Mr. Leon Gingrich was present to represent this request.
Mr. Gingrich stated he foresaw no problems with the Ada County Highway
recommendations.
Chairman Spencer opened the meeting for Public Hearing.
Mr. John Ewing, 325 East Second, I own a duplex at this address and
live in one side and am definitely in favor of this project, would
clean up area and be a great improvement for the City of Meridian
in the Old Town District.
Mr. Ewing also presented written testimony from Merlyn Schmeckpeper
of 157 East Ada Street which stated he was also in favor of this
project.
No Further comments, Public Hearing closed.
The Motion was made by Morrow and seconded by Scheirer to have the -
City Attorney prepare Findings of Fact end Conclusions on-the- _
Conditional Use Permit request by Leon Gingrich. ~ _ -
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Cole that the findings
reflect recommendation of approval by the Commission to the City
Council.
Motion Carried: All Yea:
Item #3: Findings of Fact and Conclusions on Comprehensive Plan
Amendments.
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NOTICE OF PUBLIC HEARING i
NOTICE I5 HEREBY GIVEN, pursuant to the Ordinances of the
City of Meridian, and the laws of the State of Idaho, that a hear-
ing will be held before the Planning and Zoning Commission of the I
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City of Meridian, at the City Hall in the City of Meridian, 728
1
Meridian Road, Meridian, Idaho, at 7:30 o'clock p.m., on the 12th
day, of November, 1984, for the purpose of considering the ap-
location for the issuance of a Conditional Use Permit to Leon
``' Gingrich for the construction of a four (4) Alex apartment building
in Old Town on 4 lots East of the Hungrey Onion Drive Inn, Meridian
Idaho, which location is more particularly described as Lots 5,6,7,
& 8, Block 6, Bowers Addition, records of Ada County, State of
Idaho which property is part of Old Town which requires a Con-
r,
ditional Use Permit for development.
The public is welcome and all evidence, testimonial or
documentary, shall be received.
DATED this~~~ ay of October, 1984
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Jack h'iema n, C' y Clerk
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AMBROSE,
FITZCiERALD
&CROOKSTON
_ Attomeyeend
Counaelore
P.O. Box 427
Y { xis k: Merldlen, Idaho
83842
Telephone 888481
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Leon Gingrich
- - Conditional Use Permit
Bowers Addition
4 P1ex Apartment Bldg.
COMMENTS
1. Mayor Kingsford: This would have allowed under old Ordinance, believe
it will be compatible with surrounding property.
2. Councilman Tolsma: No objections as long as it conforms to City
Ordinances and ACHD requirements.
3. Councilman Brewer: No objections, there is always need for additional
rentals , this would also be an improvment to Old
Town.
4. Central District Health: Can approve with Central Water & Sewer, run-
off not to create mosquito problem.
5. Earl Ward: Sewer available at South Side of Property in alley.
6. Gary Smith, City Engineer: See Comments attached.
7. Ada County Highway District: See Comments Attached.
8. Nampa Meridian Irrigation: The Developer must submitt for our review
irrigation and drainage plans along with site application. They must
protect all irrigation lateral ditches.
9. Planning & Zoning Meeting held November 12, 1984 City Attorney to
prepare Findings of Fact & Conclusion and Findings are to reflect
recommendation of approval by the City Council.
10. P & Z Meeting held December 10, 1984 Commission approved the Findings
of Fact and Conclusions and recommended approval to the City Council.
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ADA COUNTY HIGHWAY DISTRICT
818 EAST 57TH STREET
BOISE, IDAHO 8.3714
Inter-Department
Correspondence
To: ADA COUNTY HIGHWAY DISTRICT COMMISSION
Date: October 25, 1984
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From: DEVELOPMENT SERVICES
Subject: FOUR-PLEX UNIT - ADA STREET, MERIDIAN
FACTS AND FINDINGS:
1. To construct a four-plea on Ada Street east of East 1st Street in
Meridian.
2. Ada Street is improved with Z1-feet of paving only, 55-feet of
right-of-way.
3. The a21ey adjacent to the parcel is gravel and has 15' of right-
of-way .
REGDMMEIVDATiONSi
1. Relocate all irrigation/drainage structures outside of the public
right-of-way. Prior to relocation, obtain written approval from the
applicable jurisdiction.
2. Make deposit to the Public Trust Fund far the future improvement of
Ada Street.
3. Any work within the right-of -way requires a permit.
4. If access to parcel is taken from alley it should be paved from
nearest street to abutting parcel.
5. Improvements to the dedicated right-of-way to be designed and
constructed to ACRD standards and specifications.
6. Maintain drainage through the barrow ditch tculvert may be required).
POLIGY IMPLICATIONS:
1. Recommendations are made to Meridian Citp Planning and Zoning
Commis ion as Condition far Compliance.
SIGNATURE 0 SUBMITTING:
Allan F. S muels. P. E.
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~NTRAL DISTRICT HEALTH DEPARTME~
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Return to:
Boise
_ Rezone # Eagle
Conditional Use # / _ ~ n~ 'si -~ 4 fLl ~~~ ~ 8~ _~C_ Meridian
Preliminary/Final/Short Plat (3~I.c1 ~.Oz,S ~dlt~e~ Kung
ACZ
~a° ,
ep't
1. _ We have no objections to this proposal.
2. We recoranend denial of this proposal.
3. Specific laiowledge as to the exact type of use must be provided before we can cornnent on
this proposal.
4. _ We will require more data concerning soil conditions on this proposal before we can comment.
5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava)
from original grade before we can comment concerning individual sewage disposal.
6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid lava layers.
7. ~ We can approve this proposal for:
Central sewage Interim sewage Individual sewage _ Community sewage system
d Central water Individual water _ Community water well.
8. }C Plans for Central sewage Community sewage system Sewage dry lines, and
T- Central water _Conmunity water must be su~nitted to and approved by the Regional
ealth and Welfare Environmental Services Field Office.
9. ~ Street runoff is not to create a mosquito breeding problem.
10. _ This department would recommend deferral until high seasonal ground water can be determined
if other considerations indicate approval.
11. _ If restroan facilities are to be installed then a sewage system MUST be installed to meet
Idaho State Sewage Regulations.
12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage
establishment)(swimming pools or spas)(grocery store).
13.
~~ ~q~~
Reviewed b Date
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1 1
t I i
CITY OF MERII~AAN APPLICP.TION FOR A CONDITIO~ USE PERMIT
ZONING CLASSIFICATION:
7
NAT1E : ~C~~E W / ~1~.~v1 Phone ~~ ~ ... y~i ~ J /
ADDRESS : / - ~ ~ a~(~,~ ~ ~ ~`- 3 GsI
.'
GENERAL LOCATION : ,~ (~ ~ ~P ~ d`."``"'~
DESCRIPTION OF PROPOSED CONDITIONAL USE: W r'~aZ~~~ Q ~`J Q _
PLAN: A plan of the proposed site for the conditional use showing the location of
all buildings, parking and loading areas, traffic access and traffic circu-
lation, open spaces, landscaping, refuse and service areas, utilities,
signs and yards. -
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEI4 that the Meridian
Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall
on at
The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by
for the property generally described
~,
as located at
SUBDIVISION
TO
r
1 i
BLOCK LOT NUMBER
.,
e ~ ~.
CONTENTS OF CONDITIONAL USE APPLICATION
An application for a Conditional Use Permit shall be filed with the
Administrator by at least one (1) owner or lessee of property for
which such conditional use is proposed. At a minimum, the application
shall contain the following information where applicable. (Applica-
tion available from Administrator.):
1. Name, address and phone number of applicant;
2. Name, address and phone number of owner of subject property; __
3. Legal description of property;
4. Proof of ownership of subject property; __
r 5: Description of existing use;
6. Present use of subject property;
7. Proposed use of the subject property;
8. The District that pertains to the subject property;
9. Twenty-seven (27) copies of a vicinity map of a scale of one
(1) inch equals three hundred (300) feet; .
10. Characteristics of subject property which make a conditional
use desirable;
11. A listing of the mailing addresses of all property owners (from
authentic tas records of Ada County) who are within three
hundred (300) feet of the external boundaries of the land being .
considered, and a list of all owners within the area being .-
considered fora Conditional Use;
12. A petition signed by three-fourths (3/4) or seventy-five percent
(75$) of all those persons owning property within said three ,
hundred (300) feet approving of the Conditional Use, and ~a
petition signed by one hundred percent (1000) of all landowners
within the area being considered showing their approval of the
proposed Conditional Use;
13. A fee established by the Council; (See 2-422 A) $160.00
14. A statement that the owner grants a lien against said property
for payment of all costs incurred by the City including engineer-
ing, publication and attorneys fees.
~:,
~- ; ~, ~ _
. ~'' : ,
-s
~t ~ r'~2
k~,.. ~.
~`e'~.,
~',~'
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1.
2.
3.
HEARINLIPROCEDURES FOR CONDITIONA~SE PERMIT
The Applicant Shall:
a. Give notice of the hearing, at least fifteen(15) days
prior to the hearing, by certified mail to property
owners within the land being considered and to owners
within 300 feet of the external boundaries of the land
being considered. Sdid~notice of certified mail must
be deposited with the United States Post Office at
least 15 days prior to the hearing. Said notice shall
contain a vincinity map of the property, a brief state-
ment of the nature of the application, the name and ._
address of the applicant.
b. Provide the City Clerk with the names and addresses of
property owners notified, a notarized statement of __
complaince and a copy of the notification.
The Commission Shall:
a. Conduct at least one public hearing at which interested
persons will have the opportunity to be heard. At
least 15 days prior to hearing notice of the time and
place shall be published in newspapez. "
b. Within 45 days after hearing the Commission, shall
transmit its recommendation to the Council with supp-
orative reasons, the Commend shall recommend the
application be approved, approved with conditions or
denied. The Commission shall insure that any approval
is in occordance with the Comp Plan, this Ordinance
and State Law.
The Council:
a. The Council shall conduct one public hearing after notice
requirements as above.
b. After hearing the Council shall approve, approve with
conditions or deny, with supporative reasons.
- v ,.
~_ i( ,~.
;,i
•~,;~, ~ , off'
. ~. o
r'tTITIOI~ REQUIREMENTS:
1. Petitioner must supply a comprehensive list of ALL residences within 300 feet
from the proposed Conditional Use property line to include Name, Address,
Telephone and Date.
2. Supply 20 copies of all required m3teri8l.
3. Three-fourths (75~k) of those persons owning property within 300 feet
must agree to this Conditional Use before the proposed use will be considered.
v
WE THE UNDERSIGNED DO NOT OBJECT TO
LOCA~'ED AT
USING THE PROPERTY
, MERIDIAN, FOR THE PURPOSE OF
NAME ADDRESS PHONE DATE
i ~ ~ 2- ~o a
3` ~ ~
~~.~~, ~zs - Z~ Soy - o- -
~~
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d~
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i ~ ~
.. ~. ® o
PETITION REQUIREMENTS:
1. Petitioner must supply a comprehensive list of ALL residences within 300 feet
from the proposed Conditional Use property line to include Name, Address,
Telephone and Date. _
2. Supply 20 copies of all required material.
3. Three-fourths (75~) of those persons owning property within 300 feet
must agree to this Conditional Use before the proposed use will be considered.
~~~~
~.
~J'L
WE THE UNDERSIGNED DO NOT OBJECT TO
LOCATED AT < ~ ~
n
USING THE PR~O}PERTY
..,.... ..._, n n _ _ 1/
NAME ' ADDRESS PHONE DATE
_
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BOWER'S'ADDITION
MERIDIAN
N
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_ Page `1 Policy No. ~--6 621
Order No. 1-65272
SCHEDULE B (Standard)
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of persons in possession or clssiming to be in possession, easements, liens or encumbrances including
material or labor liens, which are not shown by the public records; reservations in patents or state grants; or in acts author-
izing the issuance thereof; mineral rights, water rights, claims or title to minerals or water.
2. Questions of location, boundary and areas; overlaps and encroachments by improvements belonging to these or-
adjoining premises; all dependent upon actual survey for determination.
3. Assessments which are not shown as existing liens by the public records; taxes not yet payable; pending proceedings
for vacating, opening or changing streets or highways preceding entry of the final ordinance or order therefor.
~.
General taxes for the year 1972, which area lien, but are not
yet due or payable .
5•
Special assessments and sewerage charges, if any, for the City of
Meridian, for which we make no certification.
6.
Liens and assessments of Nampa-Meridian Irrigation District,
and the rights, powers and easements of said district a s by
law'.providEd. No delinquencies appear in the County Recorder's
office.
7•
Lien Agreement executed by 0. A. BEAVER and LFTHA BEAVER and -
the STATE OF IDAHO, recorded June 21, 1951, e s Instrument No.
319358, records of Ade County, Idaho. Applies to Lot 5. -
RLR/e s
Copyright 1970 American Land Title Association
ALTA Single Form Policy-1970 with
ALTA Endorsement-Form 1 coverage
FORM 304
4
o •
Pale s POIICy NO. 1- 6 3 6 21
Order No. 1-65272
SCHEDULE A (Owners-Purchasers-Lessee)
Date of Policy: Jt1nE 13, 1972, & t 8:00 A . M. Amount of Insurance: $ ~, 600 • CC
1. Name of Insured: CLINTON W. GINGRICH and LEORA F. GINGRICH, and
LEON W. GINGRICH AND I. LOUISF GINGRICH
Z. The estate or interest in the land described herein and which is covered by this policy is
Fee s imp1E .
3. The estate or interest referred to herein is at Date of Policy vested in:
CLINTON W. GINGRICH and LEORA F. GINGRICH, husband and wife,
presumptively as community property, and LEON W. GINGRICH and
I. LOUISE GINGRICH, husband and wife, presumptively as
community property.
4. Thr land referred to in this policy is described as follows:
Lots 5, 6, and 7, of Block 6 of BOWERS ADDITION to Meridian,
according to the official plat thereof, filed in Book 2 of Plats
a t Page 62, records of Ada County, Idaho.
Copyright 1970 American land Tide Association
ALTA Single Form Policy-1970 with
ALTA Endorsement-Form 1 coverage
FORM ,02
:`l;+I.
o ~
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any I.aw, ordinance or governmental regulation (including but not limited to building
and zoning ordinances] restricting or regulating or prohibiting the occupancy, use or
enjoyment of the land, or regulating the character, dimensions or location of any im-
provementnow or hereafter erected on the land, or prohibiting a separation in ownership
or a reduction in the dimensions or area of the land, or the effect of any violation of any
such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the
exercise of such rights appears in the public records at Date of Policy.
- 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, as-
sumed or agreed to by the insured claimants; (b) not known to the Company and not
shown by the public records but known to the insured claimant either at Date of Policy
or at the date such claimant acquired an estate or interest insured by this policy or ac-
quired the insured mortgage and not disclosed in writing by the insured claimant to the
Company prior to the date such insured claimant became an insured hereunder; (c) re-
sulting in no loss or damage to the insured claimant; (d) attaching or created subsequent
to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or mater~l or to the extent insurance is afforded herein as to assessments
for street improvements under construction or completed at 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. The provisions of this
sub-paragraph (e) shall not apply if this policy is issued to the owner of the indebtedness
', secured by the insured mortgage.
4. Unenforceability of the Lien of the insured mortgage because of failure of the insured at
Date of Policy or of anjsubsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the Land is situated.
^
Copyright 1970 American Land Title Association
ALTA Single Form Policy-1970 with
ALTA Endorsement-Form 1 coverage
FORM 901
rage 2
~:1;
r. e
1
Policy of Title Insurance
'~~ Jssued $y
1 r- At C: „+ , ~ - `--~~ -~ ~ ~~ ~~ S~il^~V"'.J ~/~.L'rl~ ~ , ~ .:./`°' ' ' (CSC ~.~ii
C _~ ~ti
~~`. ~ .,!rl `LE INSUlANCE BUILDING • 8015E. IDANO
i~Z P ~,
SUBJECT TO THE EXCLUSIONS QOM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B
AND THE PROVISIONS OF THE QONDITIONS AND STIPULATIONS HEREOF, THE TITLE INSURANCE
C6IVIPANY, a corporation Incorporated under the laws of the State of'Idaho), herein called the Company, insures, as of
Date of Policy shown in Schedule A. against loss or damage, not exceeding the amount of insurance stated in Schedule A,
and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred
by the insured by reason oft
I. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
' 2. Any defect in or lien Q encumbrance on such title;
3. Lack of a right of acorss io and from the land; or,
4. Unmarketability of such title;
and in addition, if a mortgage is referred to in Schedule A as the insured mortgage, by reason of:
3. The invalidity or un®forceability of the lien of the insured mortgage upon said estate
or interest except to the extent that such invalidity or unenfQrceability, or claim thereaF,
arises aut of the translction evidenced by the insured mortgage and is based upon
a. usury, or
b. any consumer vedit protection or truth in lending law;
b. The priority of any lim or encumbrance over the lien of the insured mortgage;
7. Any statutory lien far labor or .material which now has gained or hereafter may gain
priority over the lien of the insured mortgage, except any each lien arising from an im-
provement on the land contracted for and commenced subsequent to Date of Policy not
5nanced in whole or in part by proceeds of the indebtedness secured by the insured mort-
gage which at Date of Policy the insured has advanced or is obligated to advance; or
8. Any assessments for street improvements under construction or completed at Date of
Policy which now havegained or herepfter may gain priority over the insured mortgage.
9. The invalidity of uneaforceability of any assignment, shown in Schedule A, of the in-
sured mortgage or the failure of said assignment to vest title to the insured mortgage in -
the named insured assgnee free and dear of all liens.
IN WITNESS WHEREOF, THE TITLE INSURANCE COMPANY has caused this policy to be s'Igned and sealed by
its duly authorized ofTicers as of Date of Policy shown in Schedule A.
This policy not valid unless countersigned by
Idaho Title Company THE TITLE INSURANCE COMPANY
By ROBERT L.~•RI~G By ~ .
IDAHO TITLE' COMPANY President
~°~/ F1 .
' B i Ls ~~,..,~ ~ ~- Attest
~ Copyright 1970 American Land Tide Associ f~on -
ALTA Single Form Policy-1970 with
ALTA Endorsement-Form 1 wverage
'•~ ~' FORM aoo
ti
r
t' ,.:
~jl
C
~•- ~ CITY OF MER~ APPLICATION FOR A CONDITI01`~ USE PERMIT
~ ) !t r
NAA1E : ~;~'~? W i ~r..v[ Phone- ~ ~, ~ -' y~ ~f J~ °~~-~--
ADDRESS: l ~ ~ ~ ~ ~ v~ ~ ~ ~ .S ~~~ ~ ~, C - l ~' 9~/ c4~°~9
6~
GENERAL LOCATION : ,~ (~, ~ 4' ~ ~ '~ dc..+..~rj.. ,
I
DESCRIPTION OF PROPOSED CONDITIONAL USE : Lip /'~ eL~~~t/t/~- Q /`~ C ~ _
ZONING CLASSIFICATION: _
PLAN: A plan of the proposed site for the conditional use showing the location of
all buildings, ~aarking and loading areas, traffic access and traffic circu-
lation, open spaces, landscaping, refuse and service areas, utilities,
signs and yards. - -
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEIQ that the Meridian
Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall
on at
The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by
for the property generally described
as located at
SUBDIVISION-
TO
BLOCK LOT NUMBER
1
~.,.
~'?;>
~fi:
~~~~;
~~:;
~;~; _
e ~.
r.
CONTENTS OF CONDITIONAL USE APPLICATION
An application for a Conditional Use Permit shall be filed with the
Administrator ~by at least one (1) owner or lessee of property for
which such conditional use is proposed. At a minimum, the application
shall contain the following information where applicable. (Applica-
tion available from Administrator.):
1. Name, address and phone number of applicant;
2. Name, address and phone number of owner of subject property; ._
3. Legal description of property;
4. Proof of ownership of subject property; _
5: Description of existing use;
6. Present use of subject property;
7. Proposed use of the subject property;
8. The District that pertains to the subject property;
9. Twenty-seven (27) copies of a vicinity map of a scale of one
(1) inch equals three hundred (300) feet; .
10. Characteristics of subject property which make a conditional
use desirable;
11. A listing of the mailing addresses of all property owners (from
authentic tax records of Ada County) who are within three
hundred (300) feet of the external boundaries of the land being
considered, and a list of all owners within the area being .~
considered fora Conditional Use;
12. A petition signed by three-fourths (3/4) or seventy-five percent
(750) of all those persons owning property within said three
hundred (300) feet approving of the Conditional Use, and ~a
petition signed by one hundred percent (1000) of all landowners
within the area being considered showing their approval of the
proposed Conditional Use;
13. A fee established by the Council; (See 2-422 A) $160.00
14. A statement that the owner grants a lien against said property
for payment of all costs incurred by the City including engineer-
ing, publication and attorneys fees.
IONA~SE PERMIT
~ H
~
s
EARI
PROCEDURES FOR CONDIT
1. The Applicant Shall:
a. Give notice of the hearing, at least fifteen(15) days
prior to the hearing, by certified mail to property
owners within the land being considered and to owners
within 300 feet of the external boundaries of the land
being considered. S~id•notice of certified mail must
be deposited with the United States Post Office at
least 15 days prior to the hearing. Said notice shall
contain a vincinity map of the property, a brief state-
ment of the nature of the application, the name and
address of the applicant.
b. Provide the City Clerk with the names and addresses of
property owners notified, a notarized statement of
-- complaince and a copy of the notification.
2. The Commission Shall:
a. Conduct at least one public hearing at which interested
persons will have the opportunity to be heard. At
least 15 days prior to hearing notice of the time and
place shall be published in newspaper. '
b. Within 45 days after hearing the Commission, shall
transmit its recommendation to the Council with supp-
orative reasons, the Commend shall recommend the
application be approved, approved with conditions or
denied. The Commission shall insure that any approval
is in occordance with the Comp Plan, this Ordinance
and State Law.
3. The Council:
a. The Council shall conduct one public hearing after notice
requirements as above.
b. After hearing the Council shall approve, approve with
conditions or deny, with suppurative reasons.
~;~:, .
~,:
~~::
o 0
"rETITIUI` REQUIREMENTS: -
1. Petitioner must supply a comprehensive list of ALL residences within 300 feet
from the proposed Conditional Use property line to include Name, Address, -
Telephone and Date.
2. Supply 20 copies of all required material.
3. Three-fourths (75%) of those persons - -owning property within 300 feet
must agree to this Conditional Use before the proposed use will be considered.
i
WE THE UNDERSIGNED DO NOT OBJECT TO USING THE PROPERTY
LOCAg'ED AT , MERIDIAN, FOR THE PURPOSE OF
NAME ADDRESS PHONE DATE
' - ' e .~ ~ ~ ~~~- ~ 16 ~
C --
~
~ 2-
(D R
- ~~.~,~~. ~ZS 7~i Soy 0- -
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-.a ^ -_ !{ i ~ /sir ~ ~ r- k' ~ -~ a~ ~ C~/ !' i'~
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i
[ / ~Q ~ ~G
v
~~.~ ~~7 3
a=~:: _
NAA~ ~ ADDRESS ~ PHONE DATE
~ -~>
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~
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~~ ~ ~~ r" i~ ~ ~ ~ d-. ~ L ~j
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.~ ® - ~ - 3
- Page ~ Policy No. 1 6 621
- ~ Order No. 1-65272
SCHEDULE B (Standard)
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of persons in possession or claiming to be in possession, easements, liens or encumbrances including
material or labor liens, which are not shown by the public records; reservations in patents or state grants; or in acts author-
izing the issuance thereof; mineral rights, water rights, claims or title to minerals or water.
2. Questions of location, boundary and areas; overlaps and encroachments by improvements belonging to these or-
adjoining premises; all dependent upon actual survey for determination. -'
3. Assessments which are not shown as existing liens by the public records; taxes not yet payable; pending proceedings
for vacating, opening or changing streets or highways preceding entry of the final ordinance or order therefor.
~.
General taxes for the year 1972, which area lien, but are not
yet due or payable.
5•
Special assessments and sewerage charges, if any, for the City of
Meridian, for which tae make no certification.
6.
Liens and assESSments of Nampa Meridian Irrigation Di9trict,
and the rights, powers and easements ~f said district as by
law".provided. No delinquencies appear in the County Recorder's
office.
7•
Lien Agreement executed by 0. A. BEAVER and LFTHA BEAVER and
the STATE OF IDAHO, recorded June 21, 1951, as Instrument No.
319358, records of Ada County, Idaho. Applies to Lot 5.
RLR/e s
Copyright 1970 American Land Title Association
ALTA Single Form Policy-1970 with
ALTA Endorsement-Form 1 coverage
FORM 904
v ..
Pages .~ Policy No. 1- 6 3 6 21
Order No. 1-65272
SCHEDULE A (Owners-Purchasers-Lessee)
Date of Policy: JL1nE 1,, 1972, e t 8 :00 A . M. Amount of Insurance: $'4,600.00
I. Iv'ame of Insured: CLINTON W. GINGRICH and LEORA F. GINGRICH, and
LEON W. GINGRICH AND I. LOUISE GINGRICH
2. The estate or interest in the land described herein and which is covered by this polic}• is
Fee simplE .
3. The estate or interest referred to herein is at Date of Policy vested in:
CLINTON W. GINGRICH and LEORA F. GINGRICH, husband and z.-ife,
presumptively a s community property, and LEON W. GINGRICH and
I. LOUISF GINGRICH, husband and wife, presumptively as
community property.
4. Thr land referred to in this polict• is described as follows:
Lots 5, 6, and 7, of Block 6 of BOWERS ADDITION to Meridian,
according to the official plat the reef, filed in Book 2 ~f Plats
at Page 62, rECOrds of Ada County, Idaho.
Copyright 1970 American Land Tide Association
ALTA Single Form Policy-1970 with
ALTA Endorsement-Form 1 coverage
FOpM ,02
® ® Page 2
EXCLUSIONS, FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy
1. Any Law, ordinance ar governmental ttgulation (including but not limited to building
and zoning ordinances] restricting or regulating or prohibiting the occupancy, use or
enjoyment of the land, or regulating the character, dimensions or location of any im-
provement now or hereafter erected on the land, or prohibiting a separation in ownership
or a reduction in the dimensions or area of the land, or the effect of any violation of any _
such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the
exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, as-
sumed or agreed to by the insured claimants; (b) not known to the Company and not
shown by the public r~ords but known to the insured claimant either at Date of Policy
or at the date such clamant acquired an estate or interest insured by this policy or ac-
quired the insured mortgage and not disclosed in writing by the insured claimant to the
Company prior to the date such insured claimant became an insured hereunder; (c) re-
sulting in no loss or damage to the insured claimant; (d) attaching or created subsequent
to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or maters] or to the extent insurance is afforded herein as to assessments
for street improvements under construction or completed at 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. The provisions of this
sub-paragraph (e) shall not apply if this policy is issued to the owner of the indebtedness
". secured by the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at
Date of Policy or of anf subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated.
Copyright 1970 American Land Titlc Association
ALTA Single Form Policy-1970 with
ALTA Endorsement-Form 1 coverage
FORM 901
ire
~~ti:'
' ® ® ,
P
li
T
gib, rt1e Insurance
o
cy of
- Issued By
:. r
F~
r1 ' ~ V 1.1ti, 1
~ K
'7-
`.
'
"
'
`
t~_c,
~ .. ~ ~.
'
~
~
~
~T
LE 1 NSURANCE B U 1 LDiNG • B015E. IDAHO
:
~
\ , t .
,
~
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B
AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, THE TITLE INSURANCE _
CQA~IPANY, a corporation (incorporated ender the laws of the State of Idaho), herein called the Company, insures, as of
Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,
s and costs, attorneys' fees and expenses wbieh the Company may become obligated to pay hereunder, sustained or incurred
by the insured by reason of:
~'
1. Title to the estate or merest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of acoas to and from the land; or,
4. Unmarketability of such title;
~.
and in addition, if a mortgage is referred to in Schedule A as the insured mortgage, by reason of:
S. The invalidity or unenforceability of the lien of the insured mortgage upon said estate
' ~' ~ or interest except to the extent that such invalidity or unenforceability, or claim thereof,
~ ~ ~ arises out of the transaction evidenced by the insured mortgage and is based upon
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a. usury, or
b. any consumer credit protection or truth in lending law;
6. The priority of any lip or encumbrance over the lien of the insured mortgage;
7. Any statutory lien fa labor or material which now has gained or hereafter may gain -
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aF~-: priority over the lien ®f the insured mortgage, except any such lien arising from an im-
`-:r~' provement on the land contracted for and commenced subsequent to Date of Policy not
5nanced in whole or inpart by proceeds of the indebtedness secured by the insured mort-
~ >~~~ gage which at Date of Policy the insured has advanced or is obligated to advance; or
8. Any assessments for sweet improvements under construction or completed at Date of
Policy which now have gained or hereafter may gain priority over the insured mortgage.
9. The invalidity of unenforceability of any assignment, shown in Schedule A, of the in-
sured mortgage or thefailure of said assignment to vest title to the insured mortgage in
i - the named insured ass~nee free and clear of all liens.
IN WITNESS WHEREOF, THE TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by
- its duly authorized officers as of Date ofP'olicy shown in Schedule A.
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This policy not valid unless countersigned by
Idaho Title Company THE TITLE INSURANCE COMPANY
By ROBERT L. .RING
B
Y
IDAHO TITLE COMPANY President
1 '~ I) 1 . Attest
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,, ' Copyright 1970 Amcrican Isnd Title Associpylon
ALTA Single Form Policy-1970 with
ALTA Endorsemcnt-Form 1 rnverage
~~~~ FORM 900
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