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Snake River Marketing
0 0 October 20, 1989 Nampa Meridian Irrigation 1503 First Street South Nampa, Idaho 83651 RE: Snake River Marketing COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER WALT MORROW Chainmen Zoning 3 Planning JIM JOHNSON Snake River Marketing recently applied for a Conditional Use Permit for a Convenience Store on the Northeast corner of the intersection of Highway 69 & Overland Road. Ten Mile Drain traverses along the east boundary of this property and one of the requirements made by Bill Henson of the Nampa Meridian Irrigation was that all trees be re- moved along this drain. The City of Meridian received negative comments from properties in the area about removing the trees. They felt the trees should be left in tact as there is quite a large population of wildlife in that area as well as for the aesthetic value and they believe this should be - considered a wetlands area. Also according to the Assessors maps, Ten Mile drain is not located on the property. At the Meridian City Council meeting held October 17, 1989, the Council approved the application of Snake River Marketing for a Conditional Use Permit on this property and advised the applicant it would not be necessary to meet the requirement of the City of Meridian and would urge that Nampa Meridian Irrigation also waive this requirement and protect this area. Sincerely, For the Mayor & Council, J ty AUreau of Reclamation Joe Fackler HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NICEGA S,TreasurerNN, City Clark JANICE GABS, Treasurer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. WAYNE O. CROOKSTON, JR., Attorney 33 EAST IDAHO EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief MERIDIAN, IDAHO 83642 BILL GORDON, Police chief Phone 888-4433 GARY SMITH, City Engineer GRANT P. KINGSFORD Mayor October 20, 1989 Nampa Meridian Irrigation 1503 First Street South Nampa, Idaho 83651 RE: Snake River Marketing COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER WALT MORROW Chainmen Zoning 3 Planning JIM JOHNSON Snake River Marketing recently applied for a Conditional Use Permit for a Convenience Store on the Northeast corner of the intersection of Highway 69 & Overland Road. Ten Mile Drain traverses along the east boundary of this property and one of the requirements made by Bill Henson of the Nampa Meridian Irrigation was that all trees be re- moved along this drain. The City of Meridian received negative comments from properties in the area about removing the trees. They felt the trees should be left in tact as there is quite a large population of wildlife in that area as well as for the aesthetic value and they believe this should be - considered a wetlands area. Also according to the Assessors maps, Ten Mile drain is not located on the property. At the Meridian City Council meeting held October 17, 1989, the Council approved the application of Snake River Marketing for a Conditional Use Permit on this property and advised the applicant it would not be necessary to meet the requirement of the City of Meridian and would urge that Nampa Meridian Irrigation also waive this requirement and protect this area. Sincerely, For the Mayor & Council, J ty AUreau of Reclamation Joe Fackler .Y t 4, L a x � e t -0 AM8RQSE, ITZGERALD CROOKSTON ,I torneys and counselors 'O. Box 427 A(slialan. Idaho 83642 q4tonadS&4451 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian al -id the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,. Meridian, Idaho, at the hour of 7-.30 o'clock p.m., on October 17, 1989, for the purpose of reviewing and considering the Application of Snake River Marketing, Inc., for a conditional use permit at the Northeast corner of Overland and South Meridian Road, Meridian, Idaho. The Applicant's proposed use is for a convenience store with gasoline sales and a car wash. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. DATED y tnisq,51FA daof 1989. JAQFNIEMAN7,C1'1Y CLERK' OP n'! .7 M." �A An 0, M� !Not T "A t -I f 14 h r r _ w INTERCHANGE Z i � r r 9� »r • 6 J..r' ii t h n S fil -/33 I - 3 ` �� s A ` 12 4 ------------- B } 1 0 3 2 04, a � ru 8 � a 13: t -I f 14 h r r _ w INTERCHANGE Z i � r r 9� »r • 6 J..r' ii t h n �-- -/33 I - 3 ` �� s 3 2 �-- -/33 I - ` �oo� �� s 3 2 12 4 1 0 3 2 04, a 2419 8 � a 13: ©� I -1 4 T T MM h t1 ►. a Z 9 m 3 8 0 6 co r m 8 2 9 -31 "t �� s 3 2 12 4 1 3 2 c' 9q O� g M r d '*Wo S a Mit0. v C 3 r .2s rte: —1 `� 7s`4r L*FcrS � s 2 v 1r 4 alrl. 1 9 �0 0. CHARACTERISTITS MAKING CONDITIONAL USE D• REABLE: Present use is cluttered and unsightly. Only one gasoline station within several miles in any direction. Existing gasoline station on intersection is not adequate to serve public needs -- for example, restrooms are portable chemical toilets. Site is best location in area for the use -- too small for larger commercial development. Investment of $600,000 - $700,000 total in building, equipment, site improvements and signage will promote local economy. Location will offer 15-20 new jobs for Meridian area residents with main traffic coming from other communities such as Nampa, Caldwell, Boise, Kuna, etc. Snake River Marketing builds the finest facilities in the market - compare our store at 6350 Fairview Avenue, Boise which is similar to proposed construction here. Snake River Marketing prefers local tradesmen and employees. We have used Meridian subcontractors for major phases of all our jobs in Southwest Idaho. Flying J, Snake River Marketing's affiliate, began in Idaho and has the economic clout to complete this project in first class condition. 10. M ING ADDRESSES OF ADJOINING PROPERTY OWNERS: Cope, Vance A. and Corinne E. 130 East Overland Road Meridian, ID 83642 Moore, Winston H. and P. 0. Box 8204 Boi e, ID 83707 Thacker, Patrick M. 165 E. Overland Meridian, ID 83642 F fowell, William E. and P.O. Box 6121 Bo' e, ID 83707 all Properties 11th Floor 654 Madison Avenue Ne York, N.Y. 10021 0ueenland Acres, Inc. 485 W. Overland Meridian, ID 83642 Diane L. Mary CATICINAL USE PERMIT CONVENIENCE • SNAKE PdkM MARKETING COMMENTS 1: STATE TRANSPORTATION: SEE ATTACHED COMMENTS: ��� • Idii� • '1117.1431 WIG v V-31 I.'1:310'"'S11;91 4: NAMPA mmmim•N: SEE ATTACHED • I I� 5: CITY ENGINEER: 91 A11 E • M I E • '1 it 1 ;�I' � •iY 1�1 • ' ' � : 'JI 7: SEWER DEPARTMENT: PROJECT WILL REQUIRE LIFT STATION AMID PRESSURE SEWER EAST ON OVERLAND TO MERIDIAN GREENS SUBDIVISION: 8: Public Hearing held September 12, 1989 before the P & Z Commission, they recammended this application be approved: Y" 3 ' t� f. 1; 5� 00! l � 9 TRANSPORTATION DEPARTMENT DISTRICT 3 • P.O BOX 8028 • BOISE, ID • 83707-2028 • 208/334-8300 August 28, 1989 Jack Niemann Zoning.Administrator 33 East Idaho St. Meridian, Id. 83642 Re: ITD Comments for a Convenience Store on the NE Corner of South Meridian and Overland Road Dear Jack: The Idaho Transportation Department has the following comments:� -b C-ti� Y 1. The store will have to adhere to the µ setback requirement to get ITD approval. 1 gla9/� s 2. The gas pumps need to be set back a minimum of aP� X 14 feet from the right-of-way line. e.a� ���,� �`( L & W, 1 4�Y'24C 3. No landscaping will be allowed on the State right-of-way. 4. The new approach located north of the proposed building site will require an encroachment permit. This new approach will be in a partial access control area which requires ITD Transportation Board approval. The highway grade is rising in this area, which causes some doubt as to whether this approach can be built to ITD access policy standards. If I can be of further assistance, please contact me. Sincerely, S OTT URNSEY, P. District 3 Traffic Engineer SG:ps 3 t � R l/ \ 5k F tY" Y a TRANSPORTATION DEPARTMENT DISTRICT 3 • P.O BOX 8028 • BOISE, ID • 83707-2028 • 208/334-8300 August 28, 1989 Jack Niemann Zoning.Administrator 33 East Idaho St. Meridian, Id. 83642 Re: ITD Comments for a Convenience Store on the NE Corner of South Meridian and Overland Road Dear Jack: The Idaho Transportation Department has the following comments:� -b C-ti� Y 1. The store will have to adhere to the µ setback requirement to get ITD approval. 1 gla9/� s 2. The gas pumps need to be set back a minimum of aP� X 14 feet from the right-of-way line. e.a� ���,� �`( L & W, 1 4�Y'24C 3. No landscaping will be allowed on the State right-of-way. 4. The new approach located north of the proposed building site will require an encroachment permit. This new approach will be in a partial access control area which requires ITD Transportation Board approval. The highway grade is rising in this area, which causes some doubt as to whether this approach can be built to ITD access policy standards. If I can be of further assistance, please contact me. Sincerely, S OTT URNSEY, P. District 3 Traffic Engineer SG:ps 3 t � R 5k F tY" Y a �a ��t fd � f z r�. ' a d ADA COUNTY HIGHWAY DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 Inter -Department Correspondence To: Acta County Highway District Commission - Date August 28, 19x9 From: Development Services Subject: - - - MERIDIAN - CONDITIONAL USE = OVERLAND & MERIDIAN ROAD CONVENIENCE STORE z (Snake River Marketing, Inc., 344-8383) FACTS & FINDINGS: - - - 1. Snake River Marketing, Inc. requests a conditional use permit to- con- _ _ struct a convenience store with -gas -pumps and car wash facility on property located on the -northeast corner -of Overland and Meridian Road. -- 2. Overland Road has 50 -80 -feet of right-of-way 180 -feet is_re.quired-).,_ and is improved with -40-60-feet of paving._ There is an asphalt curb along the parcel frontage. 3. Meridian Road is under the jurisdiction of the Idaho Transportation Department; contact the Department for requirements or comments. SITE SPECIFIC REQUIREMENTS: 1. Provide by dedication 4 -0 -feet of right-of-way from the centerline of Overland abutting parcel. 2. Provide curb, gutter, 5 -foot sidewalk, and match paving on Overland abutting parcel. Provide 1/2 of a 65 -foot back-to-back roadway section. STANDARD REQUIREMENTS: 1. Improvements to the-ded-icated right-of-way to be designed and construct-- - ed to ACRD standards and specifications. - - 2. All specifications, land surveys, reports,, plats, drawings, plans, design information and calculations presented to Ada County Highway_ District are to be sealed, signed and dated by a Registered Profession- al Engineer or Professional Land Surveyor, in accordance with Idaho Code 54-1215. 3. Obtain written approval from irrigation/drainage jurisdiction for storm runoff into irrigation/drainage system(s). MERIDIAN.3/ZTR !Y 2 , k 4 y MERIDIAN CONDITIONA10E August 28, 1989 Page 2 OVERLAND & MERIDIAN RD �VENIENCE STORE 4. Relocate all obstructions outside of the proposed street improvements. Prior to relocation, obtain written permission from the applicable jurisdiction. 5. Provide for the continuation of all existing irrigation and drainage systems across parcel. 6. Submit 3 -sets of street improvement plans for review and approval by the District. 7. Submit a site drainage plan showing that site drainage will not flow onto Ada County -Highway District right-of-way, in accordance with Boise City Code 11-3-54 JA), where applicable, and AND policy. •8. -Access to -parcel -to be reviewed and approved by the District. 9. Driveways to be located a minimum of 5 -feet from the property line. 10. Any work within ACHD right-of-way requires a permit. For information_ regarding the requirements to obtain a permit, please contact Quality - Control at 345-7667. CU, DR, or -PDC file number required. -11. Provide for the clear vision sight triangle at -.the corner of Overland _ and Meridian Road, in accordance with Idaho Code 49-593. - - 12. A request for any modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement as to why a requirement would result in substantial hardship or inequity. If you have any questions or comments, please contact the Development Services section at 345-7662. POLICY IMPLICATIONS: - 1. Requirements are made to Meridian Planning & Zoning as condition for compliance. SIGNATURE OF STAFF SUBMITTING: John R. Stolley, P.E._ MERIDIAN.3/ZTR � 1 � "N � Yz s s a Y, , Djb46k "5 ai P Y, r R ai .y'v J kr SNTRAL DISTRICT HEALTH DEPARTMENNT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise Rezone # p ,/ o Eagle '" Conditional Use # ,� I Q, 6 U I aeiiC b n (ate Meridian Preliminary/Final/Short Plat Kuna ACZ 1. — We have no objections to this proposal. 2. _ We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment 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. X We can approve this proposal for: Central sewage Interim sewage _Individual sewage _ Com<m ni.ty sewage system and Central wa r 4Individual water — Comm maty water well: 8. _ Plans for KCentral sewage _Community sewage system _Sewage dry lines, and �p&ntral water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. X 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 restroom 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 1 for any(food establishmenteverage l' 6 establishment)(sw.imming pools or spas roce store . 13. t5 tS J10 -r /� �� G�/'c. haAA�, �1 ani 1 1ILI11 1111pi F 11, P7 y. '/17 f L Reviewed by pt�e i C_ / r r. 1 �k x i� ` '., 1 A August 25, 1989 CONDITIONAL USE PERMIT APPLICATION A RE: SNARE RIVER MARKETING - FLYING "J" - CONVENIENCE STORE - GAS PUMPS - CAR WASH FROM: GARY SMITH, CITY ENGINEER, ¢ 1. Sanitary -Sewer: City sewer is -not available at this -site. Transmission of sewage to City lines will require -a lift station with pressure line. _ The pressure --line should -be installed along the north side of Overland _ Road to the gravity sewer line existing from the Meridian Greens Subd. - The lift station will operate under -the ownership and maintenance of the property owner. -At- a future time when gravity sewer is extended along Ten Mile Creek this business shall connect -thereto and shall pay the required connection fee. The car wash equipment should be of the type able to recycle the wash water to reduce sewage discharge as much as possible. 2. Water: A_10 inch diameter water line exists along the south side of Overland -Road from S.E. 3rd west to -the N.W. corner of Meridian Greens Subd. and along a portion of the Overland Rd. frontage of Country Terrace Subd. The status of the line fronting Country Terrace Subd. is not clear. Some excavation and investigation will be necessary to determine the exact length and whether or not it is connected to the Country Terrace Subd. proper. - Connection to the end of existing pipe and extension to the intersection of S.H. 69 -and Overland -Road is required. - 3. Storm Drainage: - On -Site containment is required. Suggest application be made to Nampa & Meridian for approval of a limited discharge to Ten Mile Creek. _ 4. Parking: Store Area = 3200 S.F. Retail Store requirements = 1 space/200 S.F. 16 spaces provided = 16 spaces required. 5. Curb Cuts: The additional curb cut shown on Alternate I will need State Hwy. Department approval. e�rs�n � 2 gl �. A p yd � e�rs�n I I I I I I I I I I f l I I(( I( I I I I I I I ]8] " v bb bb Nyy ro ro lH� i �(-A H �• a � o � ro d �Pr� v fl1 � M � � t" N o ro -, v - tD tA• � K N �°' � G� - N � •• - N Fd ° 1-4- ff zo^ . rr _ tbn y ro r ..1-3 En En H G F-� N h' 00 H 01 r ko 00 �o o _ � ftj -.. o o ` � oN � ro 01 L I e N rn � r H 1-+ N c �E' b rk �` 1-3 L N m w .. e � r �E' b rk �` L GRANT P. KINGSFORD Mayor August 21, 1989 -Mr. Scott Gurney - Idaho Department of Transportation P.O. Box 8028 Boise, Idaho 83707 _ Dear Scott, Attached is -an application - fora Conditional Use Petit by Snake - River Marketing; for a convenience store on the -Northeast Corner of South Meridian Road and Overland Road. _ - If the Transportation Department has any recamvnda.tions Or _oamients this application, please advise -prior to the Public Hearing scheduled for September 12, 1989: l & trator 5ttyy_aj'1 Meridian, ID . 83642 attacimuP.nt y2x` 3'r� f 33 y F z ..; r , �, 2°;jo •� it �f rata d. 1 9NW '' �'' yst -240 t p. C t- aR a 0- x; r 6 _ HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN JACK rk JANICEBRUCE CITY OF MERIDIAN No RROSERTG BRUCE D. STUART, Water Works Supt. 0. STUART, ES ERA EAWRDteerspttorney R WasWe u 33 EAST IDAHOKENNY WALT MORROW BOWERS, Fire ROY PORTER, Police Chief Chief MERIDIAN. IDAHO 83642 Chairman toning a Planning GARY SMITH, City Engineer Phone US -4433 JIM JOHNSON GRANT P. KINGSFORD Mayor August 21, 1989 -Mr. Scott Gurney - Idaho Department of Transportation P.O. Box 8028 Boise, Idaho 83707 _ Dear Scott, Attached is -an application - fora Conditional Use Petit by Snake - River Marketing; for a convenience store on the -Northeast Corner of South Meridian Road and Overland Road. _ - If the Transportation Department has any recamvnda.tions Or _oamients this application, please advise -prior to the Public Hearing scheduled for September 12, 1989: l & trator 5ttyy_aj'1 Meridian, ID . 83642 attacimuP.nt y2x` 3'r� f 33 y F z ..; r , �, 2°;jo •� it �f rata d. 1 9NW '' �'' yst -240 t p. C t- aR a 0- x; r yy �zx2, w i fa s } s z�v 4 0 MERIDIAN CITY COUNCIL 0 OCTOBER 17. 1989 Regular Meeting of the Meridian City Council called to order at 7:30 p.m. by Mayor Grant Kingsford: Members Present: Ron Tolsma, Bob Giesler, Walt Morrow: Members Absent: Bert Myers; Others Present: Betty Holton, Craig Call, Bill Cope, K, Bermeler, Wayne Piersall, Les Folwell, Linda Cope, Corinne Cope, Jan Shawver, Tim Shawver, Dennis Marshall, Greg Johnson, Gary Lee, Gary Smith, Bill Gordon, Coleen LeMay, Jim Johnson, Wayne Skiver, Wayne Crookston, Dave Roylance,Ed Harper, Rod Higgins, The Motion was made by Tolsma and seconded by Morrow to approve the Minutes of the previous Meeting held October 3, 1989 as written: Motion Carried: All Yea: Mayor Kingsford: We will vary slightly from the agenda, we have a presentation to be made, Councilman Morrow will you take care of that? Morrow: Tonite I have the pleasure to announcea substancial donation to our Fire Prevention Program for our City/Rural Fire Departiment-on the part of Higgins Rutledge Insurance Company, this donation represents in excess of $1,000.00 direct cost to than, tonite we have Rod Higgins of Higgins Rutledge to present to Fd Harper who does a fine job heading up our Fire Prevention Program, those pamplets that will aid their program. Mr. Higgins presented the pamplets to Mr. Harr. Item #1: Public Hearing: Request for Conditional Use Permit by Snake River Marketing for Convenience Store: Mayor Kingsford: At this time I will open the Public Hearing, is there anyone in the audience who wishes to offer testimony on this request? Linda Cope, 132 East Overland, Cope was sworn by the City Attorney: Cope: I do not know that this is about the development, which I an not opposed to, but I am opposed to what is happening as a result of the development and that is that the irrigation company is planning to come in and entirely demolish the habitat along the Ten Mile Creek that separates our property from the property that is being developed. I have talked to various agencies and they seen to think this area is so busy that there can not possibly be any habitat or wildlife there worth preserving but if you have not been there it is a nice habitat and I would like to see the City try to work out some- thing so not only can the development happen but the irrigation ompany can be talked into preserving that. I just want to quote you on President Bush's stand that he came out with recently, he says my position on wetlands is straight forward, wetlands no. matter haw small should be preserved. He is in the process of working on an executive order to that effect now.It seen to me that if it is important enough nationally tb think that maybe Meridian ought to think that to. Craig Call, VP of Snake River Marketing, Call was sworn by the City Attorney: Call: We have four stores here in the Boise area,one in Lewiston and my brother & I are the owners, I agree with Lunda Cope, I wish the Council Would allow us a little zhore flexibility in the condition that is attached.as far as the habitat: -.is concerned, if it MERIDIAN CITY COUNCIL • . JC.'I'OBER 17, 1989 PAGE # 2 could be written so that we do not necessarily have to cave into the Bureau of Reclamation insistance that we remove the trees, we would prefer it that way, on the other hand, I do not want to be delayed over the matter if it were possible so if we could have things worded so the habitat could be preserved unless the government insists that we do it, we are fully in agreement and we would only be involved in any kind of destruction there if they insisted that we do. The building will be designed very simi.liar to our building on Fairview Ave. Mayor Kingsford: The water part that is there now, how does that fit into the description of your property? I guess what I am asking the report I saw required that the trees be taken out, that was a condition frau Nampa Meridian Irrigation, do you actually own the ditch? Call: No, the canal itself is on land that was created by Federal Statute, the only thing that effects our property is there is a right -a -way that cuts fifty feet into the property. The only purpose for the right away is an occasional cleaning of the canal. Mayor Kingsford: Does your property have trees? Call: No: Mayor Kingsford: Well they can not ask you to take out trees an that which is not yours. Call: It is not an uncm mn thing for a government entitey to try to get a developer to extend beyond his property or to take care of problems that could occur there, we would resist this if we could. Morrow: A question concerning the sewex system, you have been doing sane testing, whether it can be on site or it needs to be connected to the City sewer, the information we have does not indicate any results in terns of those tests, it has been approved for central sewer, there has been no indication that on site was approved. Call: We probably could do on site if we needed to but we would much rather use an off site. It is our preference if we can to tie into the City sewer system. Mayor Kingsford: You addressed sewer, is it the same with the water? Call:Water again is the same, what we know about the well there it is not adequate. The water is an easier problem than the sewer. The water is not near the cost of the sewer as we will have to put in a lift station for the sewer. Tolsma: You did not have any problem with the State Highways or AC D? Call: No: Mayor Kingsford: Anyone elese from the Public who wishes to offer testimony on this request? There was no response, the Public Hearing was closed: The Notion was made by Morrow and ,seconded by Tolsna to adopt the Findings of Fact and Conclusions of Law as prepared for the Planning & Zoning Catmi.ssion: Notion Carried: Roll Call Vote: Morrow, Yea: Giesler, Yea: Tolsna, Yea: The Notion was made by Morrow and seconded by Giesler to approve the Conditional Use Permit for Snake River Marketing with the conditions being met in terns of water and sewer and the recamtiendations by ACHD and the Idaho Department of Transportation: Motion Carried: All Yea: L MERIDIAN CITY COi7NCIL • • OCTOBER 17, 1989 PAGE # 3 The Motion was made by Morrow and seconded by Tolsma to have the City Clerk draft a letter to Nampa Meridian Irrigation and the Bureau of Reclamation that the Meridian City Council that this project was approved without the removal of any of the trees along Ten Mile Creek as this is not part of their property and should not be their responsibility: Motion Carried: All Yea: Item #2: Public Hearing: Preliminary & Final Plat on Gen Park Subdivision: Mayor Kingsford: I will now open the Public Hearing, is there anyone in the audience who wishes to offer testimony on this request? There was no response, the Public Hearing was closed. Any questions of the Council Members? Morrow: I have a question in regards to the City Engineers letter to the developers on Friday, are these items resolved? City Engineer: There is one that there is some question on, it has been the policy of the City for the developer to extend the lines through his property, we have a different situation in this case as his property is bordered by public right -away on two sides, the sewer & water that this developer would use -is in Chateau, since this property also abutts Locust Grove it is my interruptation that it would be the developers responsibility to also extend the sewer and water on locust Grove even though he would get no use out of this extension or any benefit, I do not know what the decision should be. There was discussion on this subject by the Mayor & Council and the people involved. (Tape on File) The Motion was made by Morrow and seconded by Tolsma to deadend the sewer line at the_. corner of Chateau and locust Grove Road: Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Giesler to approve the Preliminary & Final Plat of Gen Park Subdivision with the recommendations of ACRID and other agencies: Motion Carried: All Yea: Item #3: Public Hearing: Request for Annexation & Zoning w/Conditional Use Permit & Preliminary Plat on Pine Bluff Estates: Mayor Kingsford: At this time I will open the Public Hearing, is there anyone in the audience who wishes to testify on this request? Gary Lee, 1990 Turnberry Way, Lee was sworn by the City Attorney: Lee: I am the Engineer from JUB representing the developer on this project, I am in attendance tonite to answer any questions the Mayor & Council might have on this project. Mayor Kingsford: Anyone else from the Public who wishes to offer testimony, there was no response, the Public Hearing was closed. Any questions or cannents from the Council? Giesler:I have visited with Mr. Marshall regarding the apartment part of the project and I would for the record like him to tell us a few things about that, their plans for it, the quality and things of that nature. Marshall: We are working with Architects right now getting basic ideas for the project AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4461 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on October 17, 1989, for the purpose of reviewing and considering the Application of Snake River Marketing, Inc., for a conditional use permit at the Northeast corner of Overland and South Meridian Road, Meridian, Idaho. The Applicant's proposed use is for a convenience store with gasoline sales and a car wash. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. DATED this a.VIh day 1989. IEMA^ CITY CLERK W32 f r. i es; f M°, W �y. 0 F'D�j• q .{ .4 F �1� 7tis{€ F Y b i h k, kr • MERIDIAN PLANNING & ZONING 0 SEPT. 12, 1989 The Regular Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: _ Members Present: Jim JOhnson, Jim Shearer, Charles Rountree, Moe Alid-jani, Tim-Hepper; Others Present: Dennis V. Marshall, Roger Jeppsen, Ricky & Ronda Parker, Terry Botkin,_ Steve Kath, Craig Call, Marcia Burton, Bill -Howell, Craig Johnson, Linda Cope, -Corinne Cope, Gary Lee, Bob Bodine, Wayne -Crookston, Dave Roylance, John Navarro, Gloria Navarro, The Motion was made by Rountree and seconded by Alidjani to approve the Minutes of the previous meeting held August 08, 1989 as written: Motion Carried: All -Yea: _ -The Motion was made by Hepper and seconded by SHearer to approve the Minutes of the - Special Meeting Held August 22,- 1989 as written: Motion Carried: All Yea: - ITEM #1: PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT FOR CONVENIENCE STORE _ BY SNAKE RIVER MARKETING: - - - _ - _ - Johnson: -Is there a representative -from Snake River Marketing here to represent — this request. Please come forward and state your name and be sworn -in. Craig Call, 8455 Valleyview Drive, Boise, was sworn by Attorney: Call: Snake River Marketing is a fairly new organization owned by my brother and I. We are involved in affiliation with the FLying J Company which was founded about 20 years ago. The building would be as attractive as possible. We like the Meridian location because we feel we will being business into the area that wouldn't normally stop here. - This is not a truck stop, even though Flying J's first investment in the Valley was in a truck stop. We will sell Diesel but mainly for small farm traffic, We will not have room on this property to accomodate 18 wheel trucks. This could easily approach $700,000 investment, I do have some photo's of the facility that I would like -to pass around to the commission and the members of the audience. I will be happy to -respond to any questions that you or the audience might have. Alidjani: Did you get a chance to look at the requirements that were listed, do you Have any problems -with any of these things? Call: I did talk to Gary Smith -yesterday.- There is some inconsistency, for example _the Health Department states -under what -condition -on site sewage can be contained and the City suggests -conditions under which we could provide a connection to the City - sewer. It appears to me that as long as the individual entity who proposed the restriction or the recommendation that was included in the packet there was some flexibility but we certainly agree with the spirit of the things that have been suggested. Alidjani: Approximately how many square footage of the.ground are you requiring? Call: There is about an acre and 1/3 there, the Ada County Highway District would like to take away another 15 feet that we wanted to landscape, the canal people said that it would be against there policies to landscape by the canal. �r e C 'xzri U i jroxU • MERIDIAN PLANNING & ZONING 0 SEPT. 12, 1989 The Regular Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: _ Members Present: Jim JOhnson, Jim Shearer, Charles Rountree, Moe Alid-jani, Tim-Hepper; Others Present: Dennis V. Marshall, Roger Jeppsen, Ricky & Ronda Parker, Terry Botkin,_ Steve Kath, Craig Call, Marcia Burton, Bill -Howell, Craig Johnson, Linda Cope, -Corinne Cope, Gary Lee, Bob Bodine, Wayne -Crookston, Dave Roylance, John Navarro, Gloria Navarro, The Motion was made by Rountree and seconded by Alidjani to approve the Minutes of the previous meeting held August 08, 1989 as written: Motion Carried: All -Yea: _ -The Motion was made by Hepper and seconded by SHearer to approve the Minutes of the - Special Meeting Held August 22,- 1989 as written: Motion Carried: All Yea: - ITEM #1: PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT FOR CONVENIENCE STORE _ BY SNAKE RIVER MARKETING: - - - _ - _ - Johnson: -Is there a representative -from Snake River Marketing here to represent — this request. Please come forward and state your name and be sworn -in. Craig Call, 8455 Valleyview Drive, Boise, was sworn by Attorney: Call: Snake River Marketing is a fairly new organization owned by my brother and I. We are involved in affiliation with the FLying J Company which was founded about 20 years ago. The building would be as attractive as possible. We like the Meridian location because we feel we will being business into the area that wouldn't normally stop here. - This is not a truck stop, even though Flying J's first investment in the Valley was in a truck stop. We will sell Diesel but mainly for small farm traffic, We will not have room on this property to accomodate 18 wheel trucks. This could easily approach $700,000 investment, I do have some photo's of the facility that I would like -to pass around to the commission and the members of the audience. I will be happy to -respond to any questions that you or the audience might have. Alidjani: Did you get a chance to look at the requirements that were listed, do you Have any problems -with any of these things? Call: I did talk to Gary Smith -yesterday.- There is some inconsistency, for example _the Health Department states -under what -condition -on site sewage can be contained and the City suggests -conditions under which we could provide a connection to the City - sewer. It appears to me that as long as the individual entity who proposed the restriction or the recommendation that was included in the packet there was some flexibility but we certainly agree with the spirit of the things that have been suggested. Alidjani: Approximately how many square footage of the.ground are you requiring? Call: There is about an acre and 1/3 there, the Ada County Highway District would like to take away another 15 feet that we wanted to landscape, the canal people said that it would be against there policies to landscape by the canal. �r e MERIDIAN PLANNING & ZONING SEPTEMBER 12, 1989 PAGE #2 Alidjani: So as far as you are concerned, you still have adequate ground? Call: Yes. Attorney: Is there going to be on site sewer & water or whether you are going to go with a lift station and connecting to water.- _ Call: We are doing perculation test right now, we started, it since there is yet a little time left in the high water season just to see what our options are. Johnson: We will now open the Public Hearing, is there -anyone from the public who would like to address this issue? - Linda Cope, 132 E. Overland, was sworn by the Attorney. _. Cope: We are the neighbors directly to the east, and I am concerned about what is going to happen to the -ditch. There is wildlife, I would hate to see it tiled over. Alidjani: What do you think would happentothem. Cope: -As a wet land area it would just dissappear if it were tiled- over. There is alot-of wildlife -on that canal. William Howell, 497 Whitecloud, Boise, was sworn by the Attorney. Howell: I'm from the Country Corner which is kitty corner from this request and if sewer is made available there for everybody in the neighborhood, will there be a lift station put in will we be able to hook up to it? That was our question is if we could get the service also. Shearer: They should get together after this meeting and see what they could put - together that way. Johnson: Anyone else to offer testimony,on this issue? If not, I will close the Public Hearing. - The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning & Zoning Mamission does hereby adopt and approve these Findings of Fact and Conclusions of Law that has been drawn up by the City Attorney. Roll Call Vote: -Hepper - Yea; Alidjani - Yea; Rountree - Yea; Shearer - Yea; Motion Carried: All Yea.- Rountree: ea:Rountree: The proposal we have right now doesn't involve the drainage _ system at this point and -I believe that if it does I may be wrong but I think it would be subject to review by the Core of Engineers. The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning & Zoning Commission recommends to the Meridian City Council of the City of Meridian that they approve the Conditional Use Permit requested by the applicant. Motion Carried: All Yea: Call: The Bureau of Reclamation insisted that all the tree's be taken out of the canal and all the willows by cut down. Tiling does not mean covering it just means lining the bed. fs k r=x r� e fie R " �'�'�dss.t... r ,,.;fir*• ,?��: WWWSE, v ITZGERALD -HOOKSTON .Wm"Sawrtd ComMors BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION SNAKE RIVER MARKETING, INC. CONDITIONAL USE PERMIT CORNER OF OVERLAND AND MERIDIAN ROAD MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having COME 0" f o r public hearing September 12, 1989, at the hour of 7:j0 o'clock p.m., the petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly consijared the evidence and the matter, makes the following preli,iiindry Findings of Fact and Conclusions .& Law: FINDINGS OF FACT That a notice of public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 12, 1989, the first publication Of which was. fifteen (15) days prior to said hearing; that the matter was duly considered at the September 12, 1989 nearing; that the public was given full opportunity to express comments and submit evidence; and that coPiqs Of all notices were made available to newspaper, radio and television stations; "illp 4 6 OWN -011 6i A 0", ,wz" 4 r,%= swim a �w mj t Am Iowa 01111 W Im.. 01 NE u's 14 W at V- "14 rjif.'14Umm 'K 4 1:4 4 - too Wang n f Molt a N N� A v Mao" 4 A," 00 10 By", wow TVs' 1 MISR yy `X k, T IV 11 '4 �!- look . . . . . . . . . . . . . . . -0 6 SIMON losing AMu^usc .^,zGeo^Lo ^.w*"younw i�uuwalor* P.ucox�o ,ai Wian. Idaho k10410 880401 s 2. That this property is located within the City Of Meridian and is owned by the Appl1cmn1° and is uescr\bed in the applicution " which d�--scripti0n is incorporated herein as if set fV7th in ful|; the property is geAerally described as at the northeast corner Of Overland Road and the Meridiun-KuUu Highway; the proposed use of the property is to operate 4 CunVen1ence store with gasoline sales and a Car Wash. 3. That the property is located in the C-6 General Retail and Service Commercial District, which requires a conditional use permit for the operation of the use the mpp\icati0n requests; that the previous use was for a tnechuoiC shop, mobile home, parts yard and storage building. 4. That the C-6 District is described in the Zoning Ordinance* 11-2-408 D. 9 as follows: (C -G) GENERAL RETAIL AND SERVICE CQMkEKClAL�_ The purpose of the (C -G) D1�t�1C1 i� to provide for Commercial uses whlcn ure customarily Operated eoiirel'y- Or almost entirely within a building; to provide for a review of the impact' of proposed Commercial uses which are auto and service oriexLed and are located in close proximity to major highway or arterial streets; to fulfil) the need of travel -related services as well as retail sales fur the transient and permanent motoring public. All such districts shall be connected to the Municipal Wacer and Sewer systems of the City of Meridiao° and shall nut Constitute strip commer.cial development and encourage Clustering of COmmerciul development. rj -W I " UkOSE, I 1.ZUHALD CHOOKSTON , imoys and Gwllaolora P U. box 427 40"awn, Idaho aphaftabbb-44fil 0 0 5. That the use proposed by the Applicdiit is art enumerated allowed conditional use in the C -G Districc. 6. That the property to the crest is v accAii i. round used as a pasture; tne property to the oast is in a q I- I cu i curd I use and iiidustrial; the property to the south is vacant ground; the property to the north is Interstate freeway; the property kitty cot -tier is a sery 'i c(: s td t i or, v4 i th convenience score. 7. That the existing use is cluttered and unsightly with old vehicles and farm equipment parts strewn about the property. 8. That proper notice has been given as *required by law and all procedures before the Planning and ZLAI)il-lg CUI11IQiSSi0n have been given and followed. 9. That the Appl icdnt has submitted the names of the people owing property within 300 feet of the property but their approval of the use of the property is not required because the property is not a residential district. CONCLUSIONS 1� That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; 'including the mailing of notice to ow�iers of property within 300 feet of the external boundaries of the Applicant's property. 2 � Treat the City of Meridian has authority to grant 111dA NO 00� iJ� AV e ',z,6 6, f 1Q, ARe V� '4 q= t r 4" 4 MIT P, W., r J, n Jt 6 RPM.5_ 10-1 r I'M "u; �71 AM6HOSE, i ITZGERALD CROOKSTON '11orneysend "Unuelom V.U. Box 427 —riaian, k)"o W642 ,prione8664461 conditional uses pursuant to b7-6511, Idaho Code, and, pursuant to 11-2-418 of the Revised sed and Comp] i ed Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the pruperLy pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418( D) of the Revised and Compiled Ordinances Of Lhi= Ci -Cy of Meridian, Idaho; 4. That 11-2-418(C) o f the Revised acid CompiIed 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 . Permi ts; that upon a review of those requirements and ii review of the fdcc,, presented and tliv conditions of the area, the Planning and Zoning Commission preliminarily concludes as follows: a. The use, would in fact, constitute a conditional use arid a condi Liondl use permit is g-t-quired. by ordinance. b. T he use w o u I o be harmonious w i L h and in dccordcinca with the Comprehensive Plan but the Zoning Ordindrice requires a conditional use perwiL to allow the use. C. The use apparently would be designed and constructed, to be hdraiunious in appearance with the intended character of the general vicinity, such being designated as set forth in the definition of C -G as contained in Section 11-2-408 8 9. d® That from a zoning standpoint, the use should not be hazardous not- should it be disturbing co existilly or future iieighboring uses. e. The sewer and water service availaDi I ity is in du u bt a n d something vj i I I have to be dome to provide sewer and water. f. The use would not create eXCO-SSive additional requirements dt Public cost for public faci I i ties and services drid the use would not. be dety-init!nLal to t h E economic welfare of the Community. Thega use would not involve a use, ac t 1 v i y . y process, material, equipment or conditions of operation that w u u I d be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. Suff-ici ent parking for the property and the proposed use must be pruvided. i o The d,ve I UP"Iefit alld uses wj I I not result in the destruction, * loss or damage of a natural or scenic feature of major importance. 6® That comments may be submitted by the Ada County Highway District, the Idaho Transportation Department, t ji e Central District H e a I 'L 11 U e p a r tine n t , t h e N ,mp ri & Meridian Irrigation District, and the City Engineer; that those corrill-lents are incorporated here -in and shall be a requir�,.,k-iit for issuance of the conditional use permit at this time. 6. That all applicable fire, life safety, building codes and sewer and water requirements must be met prior to uccup.ancy. ITZURAILD GHGOKSTON Altorneysand Counselors 11.0. Box 427 !O(Idian, Idsho 83642 ,pnofm8884461 �0 OJ -CM -4- W 0, A, a tq Al" AMIMOSE, iiZGERALD CROOKSTON ,tturrwya and Cuunselore N.U. Box 427 ,tinalan. Idaho &3642 4puonee86-4451 LI 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Plaiming and Zoning Commission hereby adopts and approves these Findii,igs of Fact and Conclusions. ROLL CALL: Commissioner Hepper Cummissioner Alidjani Cuminissi oner Rountree Commissioner Shearer Ch a i rlitan Johnson (Tie Breaker ) DECISION AND RECOMMENDATION Voted !q - Voted 4!�X Voted V o t e dye..q- Voted The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application, subjecE to the conditions stated herein. MOTION: AP PROVED h.jj_A e -q. DISAPPROVED: AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 888.4481 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hi,ld a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on September 12, 1989, for the purpose of reviewing and considering the Application of Snake River Marketing, Inc., for a conditional use permit at the Northeast corner of Overland and South Meridian Road, Meridian, Idaho. The Applicant's proposed use is for a convenience store with gasoline sales and a car wash. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. DATED this/-7day of443FMVP , 1989. 7 tE r g ,o gwe,J4`a:.1 i r t ¢ t> 4. r. ,18W r,E, ZGE,,ALD +GG, STON wit , , and .,n, .ora 6. 427 Jt daho d4461 0 . 0 NOTICE OF HEADING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on September 12, 1989, for the purpose of reviewing and considering the Application of Snake River Marketing, Inc., for a conditional use permit at the Northeast corner of Overland and South Meridian Road, Meridian, Idaho. The Applicant's proposed use is for a convenience store with gasoline sales and a car wash. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. DATED this /774 day of , 1989. IEMANN/ CITY CLERK i r" x?° ..«. x r 41 � gg A}# y r: f., e Sfi t p�r� i 4 4 N " N C�C d0 O 3 tOh H 3 K N ti H H Gs d cn H O ' �Z z K Id y Z O N o Gi Gn ° z J 3 # 5 "6MhL � T S>11Y, t x o ° ps F E" A f.' zya t i {ts Vl-tl . .. ps APPLICATION FOR COTIONAL USE PERMIT CITY OF MERIDIAN, IDAHO 1. APPLICANT: Q Snake River Marketing, Inc., an Idaho Corporation P. 0. Box 7486 3353 Federal Way Boise, Idaho 83707 Tel 344-8383. 2. OWNER: Same 3. LEGAL DESCRIPTION: See Attached Exhibit "A" 4. PROOF OF OWNERSHIP: See Attached Earnest Money Agreement. This purchase was closed on 8-10-89 as provided in the agreement and applicant is now the owner. Since this application is dated the following business day, actual documents are still in transit from title company. Copies will be provided prior to the hearing in this matter if needed. 5. DESCRIPTION OF EXISTING USE: Mechanic shop, mobile home, parts yard and vacant building used for storage. 6. PRESENT USE: Mechanic shop, mobile home, parts yard and vacant building used for storage. 7. PROPOSED USE: Convenience Store with gasoline sales and car wash. 8. VICINITY MAP: See attached. 911� �q t *i QIot t •i'' Y j' � } � ✓3n'^F f kl v # a RM —10 z M g#xC'4 x` axa Saw ` t 1 t '� x'y 4 a,ci x� r'F n 3 'E¢' '` "a b a` 44-1 wal , .t Vrs - (s' �� � �t�q� s kq IMM 3 { Rk r.Fstn imp .,f ;;01 ; �',�� '.� ..i -.r, #,.. • MAILING LIST OF ALL OWNERS WITHIN AREA: Snake River Marketing is the only owner affected. 11. PETITION BY ADJOINING OWNERS: Does not apply. 12. FEE. Attached. 13. STATEMENT OF OWNER GRANTING LIEN. Attached. 14. STATEMENT OF SUBDIVISION COVENANTS AND RESTRICTIONS OR DEED RESTRICTIONS. Not in a subdivision. No restrictions in deed or by covenants. 15. POSTING OF PROPERTY Will be completed once posting is accomplished. I certify the above to be true and correct to the best of my knowledge. Dated this 11 day of August, 1989. ver , Inc. by Crai M. all Vice Pres' and General nager 'X his f ^x .� A ;n 3n r� w y1 W �a a x�w a-� s pp � 3.� i STATEMENT GRANTINA EN: O As owner of property located on the Northeast corner of Meridian Road and Overland Road, City of Meridian, Idaho, the undersigned r �a'p�wrc�ki+ ii does h+sraby grant to the City of Meridian the right w� #� 1. oa wi -,ho prcporty described in the attached exhibit "A" if all costs incurred by the City in the processing of an application for conditional use dated August 11, 1989 are not otherwise paid by the under igned. The a coss are.to include engineering, publication an attorneys eei s irequired. Dated this 11 day of August, 1959. SN VER MARKETING, INC. by Craig. Cal Vice Preside and General Manager THI OREEMENT SOPERCEDES AND REP16ACEB.PROS OFFER AND CO[TNTER_IFFER DATED dO11E 28, 1989 ACID BOLT 6, 19 ESPECTIVELY. G REAL ES1'A?E PURCHASE AND SALH AOREEMENTRECEIPT FOR EARNEST MONEY (TM6tbMtbMtrMG�YbyalartbMaettlNNaBatNbteebdme11EA1.T� TMeaontraot s(IpdYtp9NtalmeNse(eblMepay�rlp. Rbed osralnrybNereetpaYq(Ynolodln0l�damedon on reveres ghee). Thlebebeely bbdlnp eonlred.�YOUFUIVE � ANY OUESTIONS, COMBULT YOIIA ATTORNEY SXfNNG. , SNARE arm NARRRTINO, INC. BOISE ldua tJOLY 6 ,a 89 a therehrafter caned ^Bofr�) sle�slgJhlmde[slllhd �p�}pr}� jQ�gq J(y (oJlo�rhgollEed reef estate hereinafter referred to as "pramieee" e am Cly o1 1�� �•,� lT1'1�; :�VY�EvR„L111Ii7 Alfl7 lJ6RIDIAW R`De rg a ' e (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE NSERTED• MACIED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer 9 hereby authorlm broker b Need ever hb atPmtoe Bra served MW desorption of Bra orenlhas d muvallable at Gro thea of elgah er to correct the legal description a previously entered If armoseos or lecenpmeJ I EARNESTUP (a)Buyerhereby deposits as eillabrl ablMy W d f6ospl b tMrotiy acknowledged lot RIrR TpOU3AND r ��� dollars 13is 6.000.00 )avldarteedby:OCashCIParsoal(7ach(7Caehters%dldtMolelkte)for COWART CRECK ,. ro) Eames' Money is tie deposited in dant acaoatt ipbi lidespho ca by all par lad shell be held bllbusting Broker OSeWng Broker OOlher Is Itilhebeitadletdmpetgashsreto.tud (Broker) to stag hold the completely ex 11 bro(ee'e copy of fhb agrsemard Sadie responsible for 9a closing. - n (a) gall conditions hbasometbySuMBoyer and Seger agree thm do asreasl tearay Ogee credit report fees. andarryother 6uyar's costs) Shag berehmded to Buyer in to the event the Iinanci p eadarrplebd heron by Bayer Is not ebtaNsble. to (d) The We" bum dull I , 11111011m . • _d W z TO Cou*mW Hied provide Bald We poky and pralbY my report 61 comndtmerd and the"closing so agent" for 04 balahkbdon alio bb d S W*tarm sarrowhmvaction b Involved, den the asemw holder shed be ,t 22 L TOTAL PUNCHAli! PNLE_DOLLARS(s _DOLLARS(23 trDi8Y1 tD31 a. d�.�,�bN�gebae Pmt ( ctoct�m-�e a dj n � ^ YS s. VINARCHIM is tt6mbtgard w,dybo nor o1de5�aal.i bvtlGli n�e�nd �� I OFNA CIVA 0061MidlOW bl& Pwnhaaa bed bauttea Sweated above for a Plow of years et %per emwm.� VA ban b y t. < toad ON Wile bb preMalik id VdIbAW lildd handd) Staniar "pay td robs Until pobtapkrn ori♦pnhBon fee B any. Sellar to pay only the dl�t pointe necessary In arder to 01141101 Ibove desabed likulumb but not to snosed _%. so -OBoyerto ASST MEsedOw0DtW1Ino(_bafaqubad totpagy bfeaOXTINO LOANS) of apprashuate" at no more than _%vvdh monthly ar porn" 61 bppraaiMNlby 1 e' k i. Tldb Spreeawn(Ofs Ob not eont nwa spm Larder mteaebg WWW OabMty. 32 E TWAMUM136 16ftIdOW?1WW0N6i11IddtiW%c1 on or bettfro 39 - - listadwdh - .o - (daemtinawmy is eated�rgdappdeabb 6endiftiem In Paragraph*0 an reverse side. NOTE., Any walver by the Buyerader this section ivID be a waterer of ALL .r .bv6iutklrp ) ya.• _ a. nS6GPEcf1LLYl1116L 1A��1lt__w_96AVlPNAYVAikar - life amghtesadernIT14an me)- • Ni� PERSONAL PROPERTY. REAL PROPUT& II11L2'e . - ' _ - .y r p .. a. Irl (seP icALwe)i((xifI1E11(N1HgsJl W& IER MI& PROPSM THMDINB "0 METAL SHOP HLDOS.a- Cost of WWGibr eb6 AAH bid 116a,i8bekf 6Wa to he paid as agreed on Ona gg and 30. SELLER UMMRSTAAW e. COST9PAIDBY: Castlb6dditbltoUMSOdedbefmmgbekrherredby&WMWSeNWUnto= otherwise Wood .e Boyer Shelf Purchase SeWs mean aaeae d ben assmpibn. - , . - .- - ay []Y No. Pmehseet'a Edetdbd Coverage THIS Polley Addilkl u( per duri paid by . On dam d 17 on Ismail side. W- drpueebdbyWader oredmim-hell ttWbiHubbWtieWswill bepaidmhtnteebd. either roaarded oraaeaplaibpY)sabari6WAMdddb-- 1- amavallabletoSa0er. Tmissand wamressaseeads(oskVthe last available assesemeo sea CRY ' beale). rerda. Intl rtme6 pm6YalsarONO khd lleslvee Wl Meru. faaYabrernaas er tfblWaUene adurned sad UMW tdud be pro-mted as o DaweQrvea-of! -h IAderlidsl I I _«heoeW'm�ttt�7.+ r � I I F +• ..�.' s r . 0of a stab pay for feel in tel& amosrd to be detarmbad by the Supplier at Saver's hxPense. PoH MLO l tt P. Fm Reoabe 6. CL G. orbelme dm tdeabtg dab. Boyer and Sever shall deposit with the closing agent an fonds and Insbumants necessary to complete the sale. The Y p^3Y s; " �, L +tF aK t t, „ff 4$. ��' pf � a r rt WON*x IN A RvA - d rs� * r2 OR `H4 s'w � 4 n a q- ray ;+ h e >,•v, ` ! t '` ear '� ."f.'y�,2 °.". rH�.._ �`�a*yi�?.���."`.,., .4 w�»w ,"'x >'.: �, �..e•£,��. .us..� ..�.h�„u-., y. .. �,_, - ,._, - GarelI. V. V n WA A a IL so 66LfA tauuamttuLrta A .• . • ar ss Cost of WWGibr eb6 AAH bid 116a,i8bekf 6Wa to he paid as agreed on Ona gg and 30. SELLER UMMRSTAAW ss tatesarssMtefSoY6dysraoMe'lapsaUsval MAYABREOdAf(EDfOMAI�R' Gpmparryharderfoearn* wgA BaAouMepcode 0WIFERORNOTA u T. P088[GSIOt(. boyerboyar Hud be en*W to poasaikia+m O otha DATE AFTER: C 4W sra the dela on aW h a doemneme are as either roaarded oraaeaplaibpY)sabari6WAMdddb-- 1- amavallabletoSa0er. Tmissand wamressaseeads(oskVthe last available assesemeo sea n beale). rerda. Intl rtme6 pm6YalsarONO khd lleslvee Wl Meru. faaYabrernaas er tfblWaUene adurned sad UMW tdud be pro-mted as o DaweQrvea-of! 6o F +• ..�.' s r . 0of a stab pay for feel in tel& amosrd to be detarmbad by the Supplier at Saver's hxPense. 59 6. CL G. orbelme dm tdeabtg dab. Boyer and Sever shall deposit with the closing agent an fonds and Insbumants necessary to complete the sale. The so ftWd&Wibi&1WVIMifi .NOW -10 11182 • .at S. ACCEPTANCE,Byw silbte e_itieaubleattodibat-------- WSagm a Seiler �ku1r- 7_ 11180 •dSegerdose e, eataeaepl0dsapMtaM6w1111M(Fli[r66pMM1edrtlM aanreENhbgMmsytlmdhafe(arladWBkryermdentend Behr' eroder(if Say) Is made sub" to the as acceptance ofdayer611&bf(WiliG6'6bt9llfit%Mat, .,.. ez.,•! o TW16OFTHE ESSENCE OFTHSAO.RIW&WM er ro.16mtlAtAFI`t�$ ACtRf.'t bl;:Ai AIAt i� this aprbsiAtkflhr111d1d i�ikil� Jt'dlb �tltef ibprl38itiig - ljRt t.RR ,� -. aro dm atM6I ttaHtbtpv�BOsli! Nrper f6pt�8nted .-- • B SS .. •. ` k`atih party It ft vele doculm t confirm that Prior written disclosure ee ofagneywMprov Wt*hb6fhotlm b9ftedon.11achparlytoliftl IaolionhnreadwWmufweWdagwwoe tsofBmegermydMdowmbroehmatxevbuoy er seat 1BRa�dbtd�Aaga4rar. U91MOAageenccy. Be ,Phadb vada q ,��� a��/�� or -mmix cm u —228"-9804 m � Gaye227► klm"!—om IhWirAmraae: 16, Soirma Unhick 83,707 - Buyer'6146W Ae91thum Busher lww�te9 n On ods date. I and faith in The and aurae to carry out ad one hours thereof on the part of dm Sever and tier 73 W—md harthow kPiam 16 0* it t" hr No 61 -totheebaanemed&oker(s)toreervkee. 74 ITWahMh tdaasded •fin )Ip16tk1MMt3fl)iy6tdde Npudbyboth parties. re Sellars Address! n as cote Bader f Phare:AsUdeeae Business re A has t taagomg -=m.W by the and the id sad aedtptate least description of the promisee, Is hereby received on this ro days , .to ve Boyer: - Buyer: - - - et A OIIINS RBVVMTHE PAGE ALSO CONSTRUTB PART OF THE AGREEMENT OF THE PARTIES. EACH OF THE PARTIES NINA AtddJOYYL S N FULL. 62 eder' Bwere ihflbl r . , Ba Whri.� Wym COPY WITH 6ELLER'8 ACCEPTANCE Rem REv. tvee e. Y p^3Y s; " �, L +tF aK t t, „ff 4$. ��' pf � a r rt WON*x IN A RvA - d rs� * r2 OR `H4 s'w � 4 n a q- ray ;+ h e >,•v, ` ! t '` ear '� ."f.'y�,2 °.". rH�.._ �`�a*yi�?.���."`.,., .4 w�»w ,"'x >'.: �, �..e•£,��. .us..� ..�.h�„u-., y. .. �,_, - ,._, - THIS AGREEMENT SUPERCIREIRREPLACS8,•PRTVI0US OFFE> ND COUNTER�BFFER DATED JIM 28, 198L 'JULY 3, 1999 RESPSCTI4 t. _ REAL ESW PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY (Tltlii fbhti to bd used ONLY BY Members of thA Naftonal Association of REALTORS) °'•"°°°° This contract ellpuiet.8 the tetras of seta of the propbrty f� ad carefully before signing (Inctodfng information on reverse side). This is a legally binding contract. IF YOU HAVE 1 ANY OUESTIONS, CONSULT YOUR ATTORNEY BEFbitt: SIGNING. 2 BOISE Idaho JMT 6 19 89 3 SNALRB RrVIRR 1KARlfaTtim, INC. Q 4 (hereinafter celled "Buym:) 8e,61 JN1WhgVon6JW,1tk d S�ggLagr�e jQ�eLII gIoIIoRVADsbed real estate hereinafter referred to as "premises" 6 commonly kgq t�ILr 1:UKl�! Er" v RL ]�j�U jl; D ABY !'li6lR � � • e Cit o1 described +1di 7 8 (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACKED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer 9 hereby authorizes broker to Insert over his signstuto the correct legal description of the prerrilses If unavailable at the time of signing, or to correct the legal description to previously entered If erroneous or incomplete.) 11 EARNEST MONEY. 12 (a) Buyer hereby deposits as e0le611n'bAli lurid 4 receipt ib hdreby aclin6wfedood bf FIOB THOUSAND dollars 13 (8 5#000#00 ) evidenced by: O Cash (J Personal Check C) Cashli4 shock O Note Due.) or - CONPAlfTY CHECK 14 (b) Earnest Money to be d"Ited in bust account upbh t ceptance by ell parties and shall be held WWOListing Broker O Selling Broker OOther 1s tot the befialit of the parties hereto, and (Broker) is shall hold the completely executed broker's copy of this agreement and Is responsible for the closing. 17 (c) It all conditions have been met by Buyer, Buyer and Seger agree that the earnest money (lase credit report fees, and any other Buyer's costs) shall be refunded to Buyer In 16 the event the financing contemplated herein by Buyer Is not obtainable. 19 (d) The partl6b dgtbe that ' FTAnRIIj -..;—Title Coriipsrl i shag provide deid tinct policy and preliminary report of commitment and the "closing 20 agent" for thiel franslrotion ilfialf bre ' VIC11111 fle'JP If a longterm escrow/collection is Involved, then the escrow holder shall be 21 x.. 22 1. TOTAL PUNCHASO PRICEt DOLLARS (t6 ) 23 Pa 24 ding tamest oneK (Ctlosin coats are a ilio qy ��afadce�oTtFe port se�c�ill.P�oiln�lOQe� � 2. 4111!AIIItqll Me agreement N 0611 tlgent a on B 't qualifying for. ` r' (tyt �� I►r26` r O FHA OVA O CtliiV6il116Ml bNA: 006 188 (66ti bdlimba to noted above for a period of years a1 % per annum. (II A or VA loan Is soug� � e off _ , � toad the 6ppgcabla provisloAs h thii i,64t9i ales 6660 Buyer Ahdll pay no more than points plus origination fee if any. Seger to pay only the discount L/ pointe necessary In order to obttilir ®bove deacribed financing but not to exceed %. 30 O Buyer to ASSUME and O win O wig not be required to qualify for an EXISTING LOAN(S) of approximately $ at no more than % with monthly 31 paymsnt6 at Ypprorilnhately E — - _ Prti. *A agreement O is O It not contingent upon LenderreleasingSeller's liability. 32 Type of lose r ,E1S 'suWani�igyRl iNC3o t�'0�3Lbt�1ki (1 a PERMITS i p CQNDIT�ONAL 34 -DREUSER�tE 1,1`nN1 rT TALT, SIGN AND HESSNE i.KIN 4101 XMNSS TO OVERLAND AND *40 FT ACCESS38TO I.IMPROVEMENTS REQUIRED BY SITS PLAN 37 ACCEPTARL5,T0 BUYER MYTHYN CANAL BIG= OF WAY. , 38 S. TM8 AER1IlMIN1 O b & hot COW NOIN't Updd Uitl1 Arid clatilho of on or before 3a noted with 40 (If a contingency Is noted plaids rdsd applicable dondt lone In Paragraph # 16 on reverse side. NOTE: Any waiver by the Buyer under this section will be a waiver of ALL 41 contingencies,1n6ludingffiisnoingJ { 42 4. ITE}M�S�tS�PEECIFIOALLY flvi Wb*,IN THIS §Ad (if FHAYVA financing IS sought dee Item f! 14 on reverse aide): • N6 PIR801tAt P90P91tTY . 43 44 s. frEMs spftktALLY OeLif M tNfine sALe- ALTs PnsowAl i PROPSRTT INCLUDING TWO METAL SHOP B-14DOS46 S. COSTS PAID BY: Coats} In addition to those noted below may be incurred by buyer and Seiler. Unless otherwise agreed hereln,or provided by law or required by lender, 4e Buyer shall purchase Seller's too" account 0loan assumption. ; . 47 i;3Ye No. Purchaser's Extondad Covera Title Poli6y regse6ted. Additional premium paid by . See item R 17 on reverse side. 48 It requested by Idnder or oth6twi86 6tat6d hdrAlri, thr billow coots will be paid ss Indicated. City/County Contract and/or Closing Long Term Lender dr costs ` Lean INetl Pumpp/In spact ode Inspect. Documeht Agent's Escrow Code Paid BY ,Opribal AsBumpt T Si" required Prep. Fee Fees Repairs BUYER WA , SELLER BRAREEOUALtY .•, Ny.�. <, Chet of lender Ai 666 t8AMM ids 16 brid1iid 0 Im fn Into to be paid as agreed bn line 29 and 30. SELLER UNDERSTANDS that as a mau)tofdnyctfyorcvnWiWspectlootHEMAYBBREOUhgEDTOMAKER to epropertyinorder tocomply wlththe housingcodeWHETtERORNOTA SALE IS COMPLETED UNDER IMS A&9EEMENT. Q,Q 7. POSSESSION. buyer"ahfin ba entitled to posseiblon on O cloothe:�� DAYS AFTE11 CWU"sans the date on which all documents are either recorded orsoeepted* do esetow Q*N'Afld ift�Nals sin s are avellable to Belief. Thee and water assedements (using the last available assessment as a basis), rents,1664ance ptbnrlutifli, fags flit ilhd 14861' es do jan'b, dhedmbraticed or 6bll06116hd assumed and utilities shall be prorated es of 0"s BuAr shah pay for fuel in tank, amount to be determined b the e p g_� ' p y supplier al Seller's bx ansa. S. CL69-1 Q6n or before the olobMp date, Buydr and Seller shall deposit with the closing agent all funds and Instruments necessary to complete the sale. The 61661rid doff Chid bo 4 tbtf f:.,. 0. ACCEPTANce. buyer's oflar is th ikle Alibied to 114 acceptance b1 Seiler on or before 12:00 o'clock midnight of e , "1* 7. _3 9.89 It Seger does not accept this agreement within itis Whit 60e61111edithe entire Edrndst Money shag be refunded to Buyer on demand. $emir's bunter offer (it any) is made subject to the acoepl6ncs of SUyer lint iii bii1T6t1k11ff:i10 d'eltrtftc 11i;sTd b) `' ' , ° r;, P 1 , ,•, TIME IS OF THE ESSENCE OF THIS AGnt1:MF_NT to. imPoAtANT •"A61101 bilk : &W-Af W6 (iM 6110% this sorbeiwaiiilhil 46M 4611dili 4NA6 bWii i6brb3hAN KILLIM and the 6664 *Ali* w" bblier fepreebntetl ffii�i.L Each party signing* this document confirms that prior written disclosure of agency web provided to Minh /hot In this IrdifMcdon. Each party to this frandaotlon has read end understands the contents of the agency disclosure b rochuie previously received. Udting Agency, $ellind Agency: mm MmItIlson By; Phofitt'1 By: • 1K=X count Phon Buye Buyer's Addrsba: Buys Buyer's Phone: Residbnce R2 Business 3A 4-11392 On fhIa dstb, I/We 4 by 6 rovtl anti ecce 9 et forth In the abs a ear ams and agree to carry out all the terms thereof on the part of the Seller and the undereignetf IuHhsr bgreas tri sty b 16141 thbWA06 166 6f ,�1 � ;a to the above named Brok r(s) for services. Brokerage fee will bb paid In 666othaf h 6111689 wis6 M Writi borsed I/We Furth el hoikled a filllipt of S tfUA;A600,6f thle 6dro' giden signed by both p6riles. Seger. b4te: Senses Address: Seg bete: ` Selleed Phone: Residbnce Business t t,. ' A true co f t e foregoing agreltftw si ed by the 8911 end Zhiffinintthe full bbd doihplete legal description of the premised, Is hereby received on this day of Buyer:Buyer . . THE PROVISIONTAINEO ON THE REVERSE SIDE OR THIS PAGE SHALL ALSO CONSTITUTE PART OF THE AGREEMENT OF THE PARTIES. EACH OF THE PARTIES ACKNOWLE 3 S THE IN FULL.1! r3uyar's initial ` ' ? ` : ' senet's Ingiel � 1 BUYER'S COPY WITH SELLER'S ACCEPTANCEE 21 REV. 11 / es 49 60 61 62 63 64 66 68 67 as 88 so 61 92 63 84 ad se 67 •68 e9 70 133,707 72 73 74 78 78 77 76 79 80 81 82 83 . EXHIBIT A U PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF S 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, IN ADA COU.`iTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 25 FEET EAST AND 97.8 FEET NORTH OF THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EA BOISE MERIDIAN, THENCE NORTH PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 18, 360. FEET TO A POINT; THENCE SOUTH 53. 07' EAST, 85.7 FEET TO A POINT; THENCE SOUTH 26' 45' EAST, 60 FEET.TO A POINT; THENCE SOUTH 10' 04' EAST, 329 FEET TO A POINT ON THE NORTH SIDELIN THE WHITNEY ROAD; THENCE SOUTH 88° 33' WEST, ALONG THE NORTH SIDELINE OF THE WHITNEY 80.2 FEET TO A POINT; THENCE WITH A CIRCULAR CURVE TO T RIGHT, HAVING A RADIUS OF 72.8 FEET AND I`CLUSIVE ANGLE 88° 33' TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE DESCRIBED IN THE DEED TO THE STATE OF ID -HO, RECORDED M 23, 1963, UNDER INSTRUMENT NO. 556656, RECORDS OF ADA COUNTY, IDAHO. 'ION . OF AD, F ALSO EXCEPT THEREFROM THAT PORTION OF SAID PREMISES DESCRIBED It: CONDEMUNATION DECREE RECORDED MAY 3, 1984 AS I?:STRIT•SE`'T NO. 8421888 RECORDS OF ADA COUNTY, IDAHO. n 'J 4 k• u '£ Y F r. I I I 4 4 w � � � F+• ',b ro v a' C� O V1 M ��',� (A V 4 - cu f'•a'j y O zHZ V ro - Rig H g - ro�• fA O n H - - - NO •. rt W �n E2 _N hod N N�y F tN,' H ror L �1 a IN s w r a d �14E"fi�4, :„�"` b h a a a� a���� e .K• ,� �.# �,� ��:��'sN >vz � # i�*dr'�,� � z��� ��a. ��3° 4 f k i .rex# .p'•n,._ e a�.m� X s} 1 �. '+�. q �>� � a r r* ✓ e c¢ � * � r �'-e�,n t 4, t s2 e f 4. 5 •�' `,: § S "R'o'c e e z� x e -a, d'an'� m x x { gga g, 4,q yl E4� H �r r OD r �a G1 z.v . f N.K. 9. CHARACTERISTICS MAKING CONDITIONAL USE DESIREABLE: Present use is cluttered and unsightly. Only one gasoline station within several miles in any direction. i` Existing gasoline station on intersection is not adequate to serve public needs -- for example, restrooms are portable chemical toilets. Site is best location in area for the use -- too small for larger commercial development. _ Investment of $600,000 - $700,000 total in building, equipment, site improvements and signage will promote local economy. Location will offer 15-20 new jobs for Meridian area residents with main traffic coming from other communities such.as Nampa, Caldwell, Boise, Kuna, etc. Snake River Marketing builds the finest facilities in the market s - compare our store at 6350 Fairview Avenue, Boise which is similar to proposed construction here. Snake River Marketing prefers local tradesmen and employees. We have used Meridian subcontractors for major phases -of all our jobs in Southwest Idaho. Flying J, Snake River Marketing'saffiliate, began in Idaho and has the economic clout to complete this project in first class condition. 10. MAILING ADDRESSES OF ADJOINING PROPERTY OWNERS: Cope, Vance A. and Corinne E- 130 —130 East _Overland Road - - - Meridian, ID 83642- k Moore, Winston H. and Diane L. P. 0. Box 8204 Boise, ID 83707 Thacker, Patrick M. 165 E. Overland Meridian, ID 83642 _ Howell, William E. and Mary P.O. Box 6121 Boise, ID 83707 Mall Properties " 11th Floor 654 Madison Avenue - New York, N.Y. 10021 - Queenland Acres , - Inc . 485 W. Overland Meridian, ID 83642 4 ra+� 4444Z a� ' r `ia y"5 ¢ sz, 01, }'S '„ 3 •' s i x rm.ry. 4400 4,4 ;a. i x ' U %t zi f x inkx g¢ S toll vg 1, rs' p 4 � h is t A u v ld 3 J A t 40` 00- 400 v J r} 3 s " - i 44 a ap a u' �a� u :� k5 �^ + a r w a i S s Y*� scka�� k'S » s �"'' r d'n ,. �:�>x7�e � ski-w'�� s�#i..S'�:�� ✓'�lt '. ��� �'�s r" T., �: xi .� �`'�- *�i .�z«$';��''�, d5�+tyc� "' � r ' ip t41,1" v st's'aa'"'fii n ti w 6°§'. 0 0 MAILING LIST OF ALL OWNERS WITHIN AREA: Snake River Marketing is the only owner affected. 11. PETITION BY ADJOINING OWNERS: Does not apply. 12. FEE. Attached. 13. STATEMENT OF OWNER GRANTING LIEN. Attached. 14. STATEMENT OF SUBDIVISION COVENANTS AND RESTRICTIONS OR DEED RESTRICTIONS. Not in a subdivision. No restrictions in deed or by covenants. 15. POSTING OF PROPERTY Will be completed once posting is accomplished. I- certify_ the above to be true -and correct to the best of my knowledge.- - - - Dated this -11 day of August, -1989. ver Maiming, Inc. by CraikiAentll Vice Pres A�at and General Hager y� lau Jk 10 wk Y ,,MAWOW tt e a T t v £ l ftip P A # i� i � 4✓ .2 41 O 'irxR C's> 4i.,.s"�+t'i Y S x4 ,,,,q fgl,1 ?f - / � 'VFFER2110 it" AM ."LT st AW RESPECTIVELY- owsm ___ - MD RECEIPT FOR EARNEST MONEY AtSE AND IRAIX01- —Absocksmair"TormAwatlE eqP-100* ormomme.)ulmamomy. 2;w sum losby depose saw*" Cm~b." Mole emmany CHECKbyslg10arVAID2. ld %pwwmxwL4q1.� =18 EXHIBIT A PART OF THE SOUTHZrEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWtiSHIP 3 NCRTH, RANGE 1 EAST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 25 FEET EAST AND 97.8 FEET NORTH OF THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THENCE NORTH PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 18, 360.5 FEET TO A POI::T; THENCE SOUTH 53° 07' EAST, 85.7 FEET TO A POINT; THENCE SOUTH 26' 45' EAST, 60 FEET.TO A POINT-; THENCE SOUTH 10' 04' EAST, 329 FEET TO A POINT ON THE NORTH SIDELI..:, OF THE WHITNEY ROAD; THENCE SOUTH 88' 33-' WEST, ALONG THE NORTH SIDELINE OF THE liTHIT.NEY ROAD, 80.2 FEET TO A POINT; THENCE WITH A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 72.8 FEET AND INCLUSIVE ANGLE OF 8$0 33' TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE LA:,_D DESCRIBED IN THE DEED TO THE STATE OF . IDAH0, RECORDED MAY 23, 1963, UNDER INSTRUMENT NO. 556656, RECORDS OF ADA COUNTY, IDAHO. ALSO EXCEPT THEREFRCM THAT PORTION OF SAID PREMISES DESCRIBED IN CONDEMINATIO`' DECREE RECORDED MAY 3, 1984 -AS INSTRUMEti'T NO. 8421888 RECORDS OF ADA COUNTY-, IDAHO. i '0