Loading...
HomeMy WebLinkAboutSchroeder Apartments CUP03-026MAYOR Robert D, Conde CITY COGNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless ~' ;=~ ~ ~-- ,~~y~ SP' CITY OF ~^' ~f `/ C~ri~icn~~ - ,~:. Il IDAHO ,Ij LECAL DEPARTMENT (208) 466-9272 • PAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PCJBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird ~"°~'THESSUive V/~' since PLANNING&ZONING isaa (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: June 26, 2003 Transmittal Date: May 21, 2003 Hearing Date: July 3, 2003 File No.: CUP 03-026 Request: Conditional Use Permit to remove existing house and construct four apartments, 2 story with bedrooms on upper level, and four single garages attached in a R~ zone for Schroeder Apartments By: H. John Location of Property or Project: 921 West 2nd Street David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FPJ Leslie Mathes, P!Z (No vAR, VAC, FP) Michael Rohm, P!Z (No VAR, VAC, FP) Keith Borvp, P!Z (No VAR, VAC, FPJ Robert Corrie, Mayor Bill Nary, C!C Tammy deWeerd, C/C Keith Bird, C!C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vac, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FPiPP Dory) U.S. West (FP/PP only) Intermountain Gas (FP/PP ~~ty) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FPiPP Dory) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clark Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 ITY OF MERIDIAN Planning & Zoning Department - 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 ~~ (208) 884-5533 Phone / (208) 888-6854 Fax 4~ CONDITIONAL USE PERMIT APPLICATION ^ Check here if Planned Development Application (RE: Meridian Zoning Ordinance -Section 11-17) APPLICANT: N . ,~o1nv~ ~C~OK o~vcLit~ecrt ADDRESS: l1 \ 1 S . C~y~ro.~rcl ~e.'~- ZZo ~'tSe ~ Z~c.L-c~ PHONE: '~~ ~ - ~t1 no FAX: 77gCo -~l-l o'"I E-MAIL: C~ILd+Sc~y~ ~ Wu NCl4~Viltiq. CU VN OWNER(S)OFRECORD: ,,o4~v~T. Sc~n~ro~l.ev ~ IMC~vgc~ye~' Nil Le~auni~ ADDRESS:_7i~$V S. Stw~~tVea $o~se~ S-c!l g'S~o4 PHONE: '~~~(- l Co Z7 FAX: ENGINEER, SURVEYOR, PLANNER: L • ~0.ST~NGS ADDRESS:~c~~o ~ Ala-t~~~ Ct~I • SFe~'zza ~~~„~~ ~ S~~g~ PHONE: 4td5 -D'S OS FAX: tKo3 '~°< < E-MAIL: www. -(V'CuSUVC atl~oat£,NOIiN•2evs. Wm ADDRESS, GENERAL LOCATION OF SITE: G 21 ~.~ St're~" ~ Nov~t St17~ o~' W ~ i~1E $'~,) DESCRIPTION OF PRESENT USE: S~y~c4,~ `~t~..~lt.~ V'e~~~+e.~.~Qe. DESCRIPTION OF PROPOSED CONDITIONAL USE: ~Fiwa_®.IP c~y~~; N.o~ (dpvsg Cau,;~vu~ ~vx O~QartlMe.~.~s LZs6~vy w~BadVOO~ c:~-t7~pev le~el~ a~S1 ~~ siw~l•e~av~es a-~aekes~.-rci Opwri'w.e~ s-lvudutne NUMBER OF ACRES: • ~~~ NUMBER OF RESIDENTIAL UNITS: ~- SQUARE FOOTAGE OF NON-RESIDENTIAL BUILDINGS:~~S(~) PRESENT ZONE CLASSIFICATION: [Z' ~- I have read the information contained herein and certify the information is true and APPLICANT'S SIGNATURE: SOCIAL SECURITY NUMBER: S l g - SO '(nlOdr `~ E-MAIL: Rev. 2/!/01 0 0 0 a H. John Cook I 1 11 S. Orchard, Suite #220 Boise, ID 83705 (208) 386-9700 Fax: (208) 386-9707 Apri110, 2003 Steve Siddoway, Planner Meridian Planning & Zoning 660 E. Watertower Ln. Ste. 202 Meridian, Idaho 83642 ARCHITECT • PLANNING Re: Schroeder Apartment 4-Plex 921 2nd Street & W. Pine St Conditional Use Application Architects letter: Project Scope This letter is to describe the proposed new four plex Apartment project to be constructed on the existing residential lot. The existing occupied older house in dis-repair will be removed. Access will continue from W. Pine Street with frontage on 2nd Street. The property also has access from a dedicated alley that serves other property owners on the west side of the proposed site. John and Mazgazet Schroeder are the Owners of the existing 4 unit apartment located adjacent and south ofthe proposed 4-plex apartments. The two sites will share a common landscaped area between the apartment buildings, common storage shed and two adjacent trash enclosures. The Owners therefore, will be applying for a rezone of the property to become a part of the Old Town District that is currently being review by Meridian P & Z.. This Conditional Use Application for the Schroeder 4 -Plex Apartments will be a second part for the P & Z drawing submittals and applications at this time. Present R-4 zoning does not allow four plex apartments to be developed on this site. The proposed four plex has been designed with two parking spaces for each apartment, one space will be inside an enclosed garage structure that fronts either 2nd street or on the alley. The Owners intend to provide and install asphalt paving in the alley starting from the existing Pine St. access curb cut. The two garages that face 2nd street would have new asphalt paving from the edge of the existing street paving to the concrete edge of the gazages. The attached land survey document, prepared by Treasure Valley Engineers, shows the existing platted realty properties. The property has use of the existing 4' property that was created when Meridian Elementary School installed their 6' chain link fencing along the northern property boundary. The boundary survey shows all buried utility services that will service water, waste and power service to the proposed Apartments. .' ALTA OWNER'S F ry IIII~I POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINEI IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damag not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmazketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attomeys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in Ute Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guazanry Company has caused this policy to be signed and sealed by its. duly authorized officers as of the Daze of Policy shown in Schedule A. STEWART TITLE GUARANTY COMPANY W 1[SlE sd+ Choi rman of the Boa d Wg~r~°s*A+ro` President +~ 1906 as Countersigned: ~ •'k. ~ ~;* Authoriied Countersignature STEWART TITLE Agen[ID 6120023 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will no[ pay loss or damage, costs, attomeys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited m building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; ~ (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or aoy parcel of which the ]and is or was a pan; or (ivj environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except m the extern that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records a[ Dale of Policy. (b) Any govermnenral police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser forva]ue without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting m loss or damage which would no[ have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate ar interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws; thaz is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, ar (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer insults from the failure: (i) to timely record the instrumem of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a iud¢menr nr lien crud knr ' CONDITIONS AND STIPULATIONS, , 1. DEFINITION OF TERMS. ~ • The following terms when used in this policy mean: (a) "insured": the insured named N Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed m the interest of the named insured by operation of law as distinguished from purchase including, but not limited [o, heirs, distributees, devisees, survivors, persona( representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known': actual knowledge, no[ constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart conswctive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, tide, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the exent to which a right of access [o and from the land is insured by this policy. (e) ~ "mortgage": mortgage, deed of trust, [rust deed, or other security instrument. (t) "public records": records established under state statutes at Date of Policy for the purpose ofunparting constructive notice of matters relating to real property m purchasers for value and without knowledge. With respect m Section 1(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the disrict in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title [o the land, not excluded or excepted from coverage, which would entitle a purchaser of Ne estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by 'reason of covenants of warranty made by the insured in any transferor conveyance of the estate or interest. This policy shall not continue N force in favor of any purchaser from dre insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing O in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come m an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title m the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given m the Company, then as m the insured all liability of the Company shall terminate with regard m the matter or matters for which prompt notice is required; provided, however, that fa8ure m notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only m the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANP TO COOPERATE. (a) Upon written request by [he insured and subject m the options contained in Section 6 of these Conditions and Stipulations, the Company,: at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse m the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select couosel of its choice (subject m the right of the insured to object for reasonable cause) m represent the insured as m those stated causes of action and shall no[ be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall Gave the right, at its own cost, m institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage m the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation m final determination by a court of competent jurisdiction and expressly reserves the right, N its sole discretion, to appeal from any adverse judgment or order. (d) Tn all cases where this policy permits or requues the Company to prosecute or provide for the defense of any action or proceed- ing, the insured shall secure m the Company the right m so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful ac[ which in the opinion of the Company may be necessary or desirable m establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the requved cooperation, the Company's obligations [o the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. ALTA OWNER'S POLICY • SCHEDULE A Order Number: ozozo313 Date of Policy: December o3, zaoa @ 4:02 P.M Amount of Insurance: $ 5a, loo. 00 1. Name of Insured: JOHN T. SCHROHDHR AND MARGARET M. LSZAMIZ Policy NO.: 0-97 01-13 2 43 1 Premium: $ 441.110 2. The estate or interest in the Iand which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: JOHN T. SCHROHDHR AND MARGARHT M. LHZAMIZ, HIISBAND AND WIFE 4. The land referred to in this policy is described as follows: LOTS 5 AND 6 IN BLOCK 3 OF NIDAY'S ADDITION TO MERIDIAN, ACCORDING TO THH OFFICIAL PLAT THHREOF, FILHD IN BOOR Z OF PLATS AT PAGE 75, RHCORDS OF ADA CO[INTY, IDAHO. ALTA OWNER'S POLICY SCHEDULE B Order Number: oaoao313 • Policy NO.: O-9701-132431 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which aze not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which aze not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafrer furnished, imposed by law and not shown by the public records. 7. Any service, installation, connection, maintenance or construction chazges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing. lien by the public records. 8. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appeazing in the public records or attached subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this policy. 9. GENERAL TAXES FOR THE YEAR 2003, ALIEN NOT YET DIIE AND PAYABLE. 10. GENERAL TARES WHICH NAY 88 ASSESSED AND EXT8ND8D ON ANY "SIIBSBQLfENT" OR "OCCIIPANCY" TAX ROLL FOR THS CURRENT TAX YEAR AND PRBVIOIIS TAX YEARS WITH RESPECT TO IMPROVEM8NT3 COMPLETED DIIRING CliRRBNT AND PREVIOIIS YEARS WHICH MAY ESCAPE ASSESSMENT OF TH8 RSGIILAR TAX ROLL; WHICH ARE A LIEN NOT YST DII8 OR PAYAHLB. 11. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 12. IINPATHNTBD MINING CLAIMS; RHSHRVA ADTHORIZING TH8 ISSIIANCB THEREOF. 13. SEWER CHARGES AND SPECIAL ARE PAID CURRENT. OR BXCSPTION3 IN PAT8NT5 OR IN ACTS POWERS OF THE CITY OF MERIDIAN. WHICH 14. LZENS. AND ASS83SM8NTS OF TH8 NAMPA-MSRIDIAN IRRIGATION DISTRICT, AND THH RIGHTS, POWBRS AND EASHM8NT3 OF SAID DISTRICT AS BY LAW PROVIDED. WHICH ARH Contiaued on next page Continuation of Schedule B~ALTA Owner's Policy Policy Number: 0-9701-132431 PAID CIIRRENT. 15. EASEMENTS, RHSHRVATIONS, RESTRICTIONS AND DEDICATIONS, IF ANY, AS SHOWN ON TH8 OFFICIAL PLAT OF SAID SUBDIVISION. 16. AN BASEMENT AND THH TERMS AND CONDITIONS THEREOF; IN FAVOR OF IDAHO POWER COMPANY, A CORPORATION PURPOSE POWER LINE EASHMENT RECORDED SEPTEMBER 1, 1959 AS INSTRUMENT NO. 462236 RHCORDS OF ADA COUNTY, IDAHO 17. AN EP.SHMENT AND TH8 TERMS AND CONDITIONS THEAHOF; IN FAVOR OF THE MOUNTAIN STATES TEL88HONH AND TELHGRAPH COMPANY PURPOSH RIGHT OF WAY RECORDED FSBRIIARY 5, 1960 AS INSTRUMENT NO. 472976 RECORDS OF ADA COUN'PY, IDAHO 18. A DEED OF TRIIST AMOIINT $37,100.00 DATED DECEMBER 3, 2002 TRIISTOR JOHN T. SCHROHDHR AND MARGARET M. LEZAMIZ, BIISBAND AND WIFE TRVSTHH STEWART TITLE BENEFICIARY DALICB CHESTER AND EARLA RAH CHESTER, HUSBAND AND WIFE RECORDED DHCEMBHR 3, 2002 AS INSTRIIMEN'P N0. 102144385, RECORDS OF ADA COiJNTY, IDAHO m m o 0 °' ~ o 0 °o o °o 0 0 0 ~ e e co '~ ~u o ~ o x cV ~ rc 0 e m` ~ M V m ~ ~ P P 0 °o m is a r '.. O _O ry N a o 0 0 0 0 ~o m ~ e 0 0 m m ¢ ¢ O N b < N N O O O O 0 0 o n C m ~ b N ~ O 00 ~O ~ :~ OO O ~ ~ p ,p p O O b ip O a g ~ ~yro'.Qpo99o9a o ~ o ~ I ~ ~ ~ ~N i°a ~~0~09909a~ ~ ~ ~J ~ N C -O E.i...~.__....__,_.. os9ooos9o9a o~, ~° 0 I ~ ~g'°= g.mDv m ~ga~~s m ~~c`3°~ p g ~g a9sooosso9a l- '1 >'". ~7NDT170NS AND STIPULATIONS Continued 5. PROOF OF LOSS OR DAMAGE. N addition to and after the notices required tinder Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be famished m me Company within 90 days aker me insured claimant shall azcertain me facts giving rise m me loss or damage. The proof of loss or damage shall describe me defect in, or lien or encumbrance on me tide, or other matter insured against by this policy which constimres the basis of loss or damage and shall stain, m the ezren[ possible, the basis of calculating me amount of the loss or damage. tf the Campany is prejudiced by me failure of the insured claimant m provide me required proof of loss or damage, the Company's obligations m me insured under the policy shall rerminare, including any liability or obligation ro defend, prosecute, or continue any litigation, with regard [o the matter or matters requiring such proof of loss or damage. ]n addition, me insured claimant may reasonably be required to submit [o examination under oam by any authorized representative of the Company and shall produce for exaruinadoq inspection and copying, a[ such reaonable times and places as may be designated by any authorized representative of tlae Company, all rcwrds, books, ledgers, checks, correspondence and memoranda, whether bearing a dale before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company ro examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the cusmdy or comrol of a third party, which reasonably pertain m me loss or damage. All information designated az conkdential by the insured clavnant provided m the Company pursuant m this Secdoa shall oot be disclosed m otbers unless, N the reasonable judgment of me Company, it is necessary in the administration of me claim. Failure of me insured claimant m submit for examination under oath, produce other reasonably requested information or gran[ permission to secure reasonably necessary information from third parties as required m tins paragraph shall remuna[e any liability of the Company under this policy az [o mat claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLADNS; TERMINATION OF LLIEII.ITY. In case of a claim under mis policy, me Company shall have me following additional options: (a) To Pay or Tender Payment of the Amount of Insuuaance. Te pay or tender payment of me amount of insurance under this policy mgemer wim any costs, attdmeys' fees and expenses incurred by the insured claimant, which were auhorized by me Company, up to me time of payment or [ender of payment and which me company is obligaed m pay. Upon the exercise by me Company of mis option, all liab0iry and obligations to me insured under this policy, omen than to make me payment required, shall [emanate, including any liability or o6ligatieo m defend, prosecure, or wntinue any litigation, and me policy shall be surrendered m me Compaoy for cancellation. (h) To Pay or Otherwise Settle Wfth Parties Other than the Insured or WiW the Insured Claimant. (i) to pay or otherwise retie wim Omer parties for or in the name of an insured claimam any claim insured against under this policy, mgemer wim any cosy, anomeys' fees and expenses incurred by me insured claimant which were auhorized by me Company up to me time of payment and which me Company is obligated m pay; or (ii) to pay or oherwise settle wim me insured claimant me loss or damage provided for uMer this policy, mgemer wim nay costs, attorneys' fees and expenses incurred by me insured claimant which were auhorized 6y me Company up m me time of payment and which me Company is obligated m pay. Upon me exercise by me Company of eimer of me options provided for in paragraphs (b)(i) or (ii), me Company's obligations m me insured under this policy for me claimed less or damage, omer than me payments required m be made, shall rerminare, including any liability or obligation to defend, prosecute or continue any litigation. 1. DETERMINATION, EXTENT OF LIABII,ITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by me insured claimant who has suffered loss or damage by reason of matters insured against by this policy and ody m me exreot herein described. (a) The liability of me Company under this policy shall not exceed me least of: (i) me Amount of Insurance stated in Schedule A; or, (ii) me difference between the value of me insured estate or merest as insured and me value of me insured estate or interest subject m me defect, lien or encum- brance insured against by this policy. (b) In the event me Amount of Lrsutance stared is Schedule A at me Dau of Policy is less man 80 percent of the value of me insured estate or interest or rlie full consideration paid forme land, whichever is less, or if subsequem m me Dam of Policy an improvement is erected on me land which increazes me value of me insured estate or interest by a[ leas[ 20 percent over me Amount of Insurance stated in Schedule A, men this Policy is subject m me following: (i) where no subsequent improvement has been made, az m any partial loss, me Company shall only pay me loss pro tare in me proportion mat me amount of insurance at Dale of Policy bears m me total value of me insured estate or interest a[ Dam of Policy; or (ii) where a subsequent improvement has been made, az m any partial Ions, me Company shall only pay me loss pro rata m me proportion that 120 percent of me Amount of Insurance stated N Schedule A bears to me sum of me Amotuu of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of mis paragraph shall not apply m costs, anomeys' fees and expenses for which me Company is liable under this policy, and shall only apply ro ma[ portion of any loss which exceeds, in me aggregate, 10 percent of me Amount of Insurance scored in Schedule A. (c) The Company will pay only mose costs, aanmeys' fees and expenses incurred in accordance wim Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If me land described in Schedule A wnsists of two ar more parcels which are not used az a single sire, and a loss is established affecting one or more of me parcels but trot all, me loss shall be computed and seined on a pro rap basis xs if me amount of ;"°,rance under this policy was divided pro rata az m me value on Date of Policy of each separate parcel to me whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has oherwise been agreed upon as m each parcel by me Company and me insured a[ me time of me issuance of mis policy and shown by an express staremem ar by an endorsement attached m this policy. (commtted and concluded on last page of this policy) (ALTA Owner's Policy) . LHWTATION OF LL46II,11'Y. (a) [f the Company establishes the tide, or rem... es m~eged defect, lien or encumbCance, or cures the r; o~gh[ of access m or from the land, or cures the laim of urtmarkeab0ity of title, all as insured, ¢r a reasonably diligem rnanner by any method, including litigation and the completion of any appeals therefrom, it shall ave fully performed its obligations with respect m that matter and shall not be liable for any loss or rYatnage cauud thereby. (bf In the event of any litigation, including litigation by the Company or with [he Company's consent, the Company shall have no liability for Toss or damage until sere has been a fatal determination by a court of compecent jurisdiction, -and disposition of all appeals therefrom, adverse m rite title as insured. (y The Company shall not be liable far loss or damage m any insured for liability voluntarily assumed by the insured in seNing any claim or suit without the prior vrittea consent of the Company. .0. REDUCTION OF INSURANCE; REDUCTION OR TERMHVATiON OF LL4BILFFY. All payments under this policy, except payments made for costs, atmrneys' fees and expenses, shall reduce the amount of the insurance pro room. tl. LIABDLITY NONCUMULATIVE. It is expressly undersmod that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage o which exception is taken N Schedule B or to which the insured has agreed, assumed, or taken subject. or which is hereafter executed by ao insured and which is a :barge ar lien on the estate or interest described or referred tom Schedule A, and the amount so paid shall be deemed a payment uMer this policy to the insured owner. l2. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of lass tr destroction shall be famished m the satisfaction of the Company. (b) Whea liability and the extent of loss or damage has been definitely feed N accordance with these Conditions and Stipulations, the loss or damage shall be payable vithia 30 days thereafter. l3. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all tight of subrogadoa shall vest in the Company unaffected by nay ac[ of the insured :laimaht. The Company s6911 be subrogated ro and be entitled to all tights and remedies which the insured claimant would have had against any person ar property in respect m the claim had this policy not been issued. ff requested by the Cotnparry, the insured claimant shall teaasfer m the Company all rights and remedies against any person or property necessary in order m perfect this right of subrogadoa. The insured claimant shaLL permit the Company m sue, compromise or settle in the name of the insured claimant and m uu the name of rite insured claimant in any transaction or litigation involving these rights or remedies. ff a payment on account of a claim does not fully cover the loss of the insured claimant. the Company shall be subrogated to these rights and remedies in me proportion which the Company's paymem bears m the whole amount of the loss. [f loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that patt of nay losses insured against by this policy which shall exceed the amount, if nay, last m the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Noa-insured Obligors. The Company's right of subrogadoa against non-insured obligors shall exist and shall 'include, without limiatloa, the rights of the insured m indemnities, guaranties, other policies of insurance or bonds, notwithsaading any terms or conditions contained in those iastmmems which provide for subrogation rights by reason of this policy. 14. ARBITRATION UWess prohibited by applicable law, either the Company or the insured may demand arbinadan pursuant m the Tide Insurance Arbinadoa Rules of the American Arbitration Association. Arbitrable matters may include, but are nm limited m, any controversy or claim 6etwcen the Company and the insured arising out of or relating m this policy, any service of the Company N connection with its issuance or the breach of a policy provision ar other obligadoa. All arbitrable matters when the Amount of Lrsurance is 51,000,000 or less shat] be arbiaaed at the option of either the Company or the insured. All arbitrable matters when the Amoua[ of Insurance is in excess of 51,000,000 shall be arbitrated oNy when agreed m by boN the Company and the insured. Arbitration pursuant m this policy and under the Rules in effect on the date the demand for arbinadon a ntade or, az the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parries. The award may include ermmeys' fees oWy if the laws of the sate in which the land is located permit a court m award atrorneys' fees m a prevailing party. ludgmept upon the award reMered by the Arbitramr(s) may be entered N any watt having jurisdiction thereof. The law of the sites of the broil shell apply m ao arbitration uMer the Title Insurance Arbitration Rules. A copy of the Rules tnay be obained from rite Company upon request. 15. LIABILITY LHM1'ED TO TFIIS POLICY; POLICY HNTDtE CONTRACT. (a) This policy ingather with all endorsements, if arty, attached harem by the Company is the entire policy and contract between the insured and me Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, avd which arises out of tiro sates of the ride m the esate or interest covered hereby or by any action asserting such claim, shall be restricted m this policy. (c) No amendment of or endorsetnem m this policy can be made except by a writing endorsed hereon or attached harem signed by eimer me President, a Vice President, me Secreary, an Assistant Secreary, or validating officer or authorized signamry of the Comparry. 16. SEVERABD,ITY. Tn [he evem any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed no[ m include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WE{ERE SENT, All notices required m be given the Company and any saament in writing required to be famished the Company shall include the number of this policy and shall be addressed m the Company at P.O. Hox 2029, Housmn, Texas 77252-2029. STEWART TITLE GUARANTY COMPANY ~~ ADA COUNfY RECORDER J. DAVID N• AO OOISE IDAHO 12/03102 04:02 PM DEPUTY Kris Uaughn ,y~J~ 1 RECORDED-AEDUESTOF 1111111'lllllllllllll~l'~IIIIIIIIIIIII Slewarl Tllle Company AMOUNT Ann itl~1443~4 For Value Received DALICE CHESTER AND RARLA RAE CHESTER, husband and wife the Grantor hereby grants, bargains, sells, conveys and warrants unto JOHN T. SCHROEDER AND MARGARET M. LEZAMIZ, husband and wife the Gran[ee whose current address is: 3786 S. SUNPREE, BOISE ID 83706 [he following described premises, to-wit: LOTS 5 AND 6 IN BLOCK 3 OF NIDAY'S ADDITION TO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOR 2 OF PLATS AT PAGE 75, RECORDS OF ADA COUNTY, IDAHO. Parcel Nutnber: 86066000180 SUBJECT TO: Current General Taxes, alien in the process of assessment, not yet due or payable. Easements, restrictions, reservations, provisions of record, and assessments, if any. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises; that said premises are free from all encumbrances and that he will warrant and defend the same from all lawful claims whatsoever. Dated: amb/~er 03, 2002 y~ WARRANTY DEED i ~ ' ADA COUNiY RECORDER d. OAVIO NAVAAflO -1J~ BOISE IOAH017/03/p2 OE:02 PM OEPViY Bris Vaughn flECDAOEO-AEDOE6i OF SNwatl Tllle CSmPeny ~II ~~II~~~II~I~I~IIIII'l~~l~I II~II~~ AMOUNT 3Pn 1O21443g4 POI VRIUe Received DALICS CH89TSR AND IrARLt. RAE CA83TER, husband and wife the Grantor hereby grams, bargains, sells, conveys and warmnls unto SOHIa T. 9CEH3OEDER AND MARGARET M. LEZAMIZ, husband and wife the Grantee whose current address is: 3986 8. SUNTRB@, BOLSE ID 83906 the following described premises, lo-wiL LOTS 5 AND 6 IM BLOCK 3 OF NIDAY•9 ADDITION TO MERIDIAN, ACCORDING TO THE OPFICIAL PLAT THEREOF, FILED IN 8008 2 OP PLAT9 AT PAGE 96, ABCORD6 OF ADA CODNTZ, 2DAH0. Parcel Number: 86066000180 SUBJECT TO: Current General Taxes, alien in the process of assessment, not yet due or payable. Easements, restrictions, reservations, provisions of tewrJ, and assessments, if any. TO HAVE AND TO HOLD the said premises, witfi (heir appurtenances unto the said Grantee, their heirs mad assigns forever. And the said Granror does hereby covenant m and wish the said Grantee, that it is [he owner in fee simple of said premises; that said premises are free from all enwmbmnrss and Iha[ he will warrant and defend Ne same From all lawful claims whatsoever. Dated: gapt~uber 03, 20D2 r/ lJ n n _ DALICB GH89T8R l/ - KAALA RAA CAESTBR State of IDAHO sa. County of ADA On this 3rd tlay of December 2002 ,before me, the undersigned, a Notary Public, in and For said State, personally appeared -ALICE CAESTSR APID RARLA RA@ CA@9TER known to me, and/or identified to me on the bests of satisfactory evidence, to be the person(s) whose name is/are subscribed to the within inatmment and acknowletlged to me that they executed the same. WITNESS MY HAND AND OPP[CIAL SEAL. ^^--qq 1I~ (7 / LINE)P MrR ^T}f (SEAf(.) sJLJ~-~.~4KQ~~,(1LCl.tiJ U,i ~L NOTA RH PURLIG &K&K li Notary abl¢ LINDA MCGRATH STfT' (.g ICI_„_ : ,-ti kcsidimg aL MERLDIAH, IDAHO,. Commission Expires: May 213, 2005 R11e NO. WOLI3N M.VLM 6lexyn The WARMNTY n8E0 noElvlJOOp aev. alnaal pDW0.Sl WARRANTY DEED Schroeder Apartments: 4-plex Conditional Use Application page 2 of 2 The attached Site Development Plan shows building location, garage configuration and additional 4 parking spaces. The Meridian P & Z ordinance defines the required parking ratio as (2) spaces per apartment. Our Civil Engineer will design adequate on-site drainage for the roof azea and proposed asphalt parking areas. This C.U. Application includes Site dimension plan ,Landscaping plan, Building Elevations, and the Apartment Floor plan drawings. These submittals are for the required heazings and approvals. (Cut-off 4-15-03) The legal descriptions for the property is attached and also noted on the Civil Survey drawing as prepazed by Treasure Valley Engineering. The Owner, John T. Schroeder, may be contacted at 386-9700 Your review and approval of this application and submittal drawings will be much appreciated. Please contact me should you have any questions. Office: 208/ 386-9700 FAX 208/ 386-9707 Sincerely, H. John Cook, Architect COOK DESIGN STUDIO Attachrnents: Vicinity Map Legal Description Site /Landscape Drawings Warranty Deed (copy) Owner's Affidavit legal interest Avr•15. 2G03 10:15Ah9 hJo•05G1 P• c SF,CTION: 12 April 15, 2003 T3N, RI W, B.M. Job # 1484-02 BESCRTPT'ION OF A TRACT OF LAND - In the Southeast 1 /4 of the Northeast 1 /4 of Section 12, Township 3 North, Mange 1 West of the Boise Meridian, in Meridian, Ada County, Idaho. FOR; Lots 5 and 6, Block 3 of Niday's Addition to Meridian, Idaho, Plat Book 2, Page 75, Ada County Retards. A portion of the Southeast 114 ofthe Northeast 1/4 of Section 12, Township 3 North, Range 1 West of the Baise Meridian in Ada County, Idaho, more particularly described to wit: Commencing at a found brass monument marking the Southeast comer of the Southeast I/4 of the Northeast 1/4 of Section 12, Township 3 North, Range 1 West of the Boise Meridian, thence North 89°25'48" West 673.21 feet to a point on the center line of West Pine Avenue; thence North 00°28'34" East 168.04 feet to the Southeast corner of tot 5 ofNiday's Addition to a set 518" iron pin with a plastic cap on the Westerly right of way of W- 2"d Street, said point also being the .INITIAL POINT of this desaiptian. thence North 84°25'SS" West 119.89 feet (formerly stated as 120.00 feet) to a set 5/8" iron pin with a plastic cap marking the Southwest comer of Lot 5, Block 3 of Niday's Addition; thence North 00°30'07" Fast 60.01 feet (formerly stated as 60,00 feet) to a set 5/8" iron pin with a plastic cap mazking the Northwest comer of Lot 6, Block 3 ofNiday's Addition; thence South 89°26'03" East 119.86 feet (formerly stated as 120.00 feet) to a set 5/8" iron pin with a plastic oap marking the Northeast comer of Lot 6, Block 3 of Niday's Addition; thence South 00°28'34" Wcst 60.02 feet (formerly stated as 60.00 feet) to the initial Point of this description, This tract conffiins a total area of 0.165 acre, more or less, and is subject to all other existing rights of way and easements. ~w uxo~G T 4`, - ~ ~~ ~~~ t 5 1~~~ 'yti3s^~,s ' W~or~Dept. d c:~nNSCKivt,iasn-ozoaasc.noc ~°rexhure S's~le;~~ 8ia~+iasers^~, trsc. (iiYice: (~Uli ~ ~d5:f-fi3Q i6L0 F. Frna?~.3in Fd@, Spite 2?m4Y Fax: 12Gi?;t ~11i3-M1391 .'^~a:u;~a, F.iaho B..£:t? rxt,-a 'i:'rt:ss^; f•z~';~'e~:l's~?ineer.com Z lpJ KC V+ V q I~ fil 1 y " m I U ' < A ~ ~ n ~ O ~n r A u l'~ z ~ ~~ u~olD in ~I~ n y ~' ---- i --- _. _._- ... - k _.~. I ; W 4TH ST. ----._- _---~ , I I ---- ---- '~ - I I ~~-------- ;---~-----~, ~~ ~ ~ ~ ~ ;' j j' I I i r---------~ i i I, ~~ 'E'li' ~ ~~I~ I -----------~ . I ~_ ------~_ -_---L------I_~i I x_ I I ~ 111^^^ y ~ i ~ i ~ O ~ i I ~ n ~ ~ I I~ ~ ~ CIA ~~~ I I ~ i 1 y~l ----_3RD ST. - -_ __ - - _ - ~ ~, ~: ~ _T ~ ~ ~ ~ o J~ii ~ CA Cml 1 ~~~ j ~ ~! I; ~ ~ Q '~I ~ e~ -- , ~_ _._l~ Iii L-L° ------~ ~ ;'`, ~~ ~ o _, _.__ ..,..... ~ ~ _,_... - 1 Y p ~ IIi ~~u' Z -r-I i m I` i ~ -~--o - ~ o~\~ a ,r o n I o i" 0~ ~ ~ ~„ n $ ~. --_ _- ---~ , f C, L---l--. _. ~~~~1~ - { r . __.-_.______~ I I 1 '~__. -- 2ND ST. ---~ ~`~~ __ -------~!' ~m _ _ I ~ ~ l~r ~f ~ ~° ~o ~ ~ ~ ~_ I i ~ o o ~ a ~~I i~ l I i c°~ ! o! g ~~;r ~_ ___- ----1-----~ ; I ~ --~------~-- ~~ ,- - --~1.~, _ ~--~-- ~F----i- y i 'i I 1 -'-1__ ~~ ~~ ~~~ I ~ K ~ i i i j i~ --. ~ A ~ _I I ~ ,. _ __ _~ --1ST ST ---. ,1-_.. __. --- _._- _ -- -~. I I ~~ ~~ i, „~ m z i y z • H. John Cook 1111 S. Orchard, Suice #220 Boise, ID 83705 (208) 386-9700 Fax: (208) 386-9707 Apri110, 2003 Steve Siddoway, Planner Meridian Planning & Zoning 660 E. Watertower Ln. Ste. 202 Meridian, Idaho 83642 To Whom it may Concern: O O O • ARCHITECT • PLANNING Re: Schroeder Apartment 4-Plex 921 2nd Street & W. Pine St Conditional Use Application Architects letter: Project Scope H. John Cook ,architect, is representing John T. Schroeder and Margaret M. Lezamiz the property Owners for the four plex apartment project proposed for 921 2nd Street, Meridian. Mr. Cook is the project architect for this project. The Owner, John T. Schroeder, may be contacted at 386-9700 Please contact me should you have any questions. Office: 208/ 386-9700 FAX 208/ 386-9707 Sincerely, P~~2;~E~~I ~~I~~'~~LL~(/ ~ ohn T. Schroeder Date: l ©~ Notarized: ` ~~ ,~ ~,~; •,,'~tiP~g'[ M. lip •i,•~~• ~ `ypTAli!~,~N' ~ : ~.~ * UBL~~ Jl, O H. John Cook AF2CHITECI' • PLANNING 1111 S. Orchard, $uice #220 Boise, ID 83705 (208) 386-9700 Fax: (208) 386-9707 May 2, 2003 Re: Schroeder Apartments- 4 plex 921 2nd street, Meridian, Id Meridian Plazming & Zoning Conditional Use Permit Application Attn: Steve Siddoway, planner 660 E. Watertower Ln. Ste. 202 Meridian, Idaho 83642 Deaz Steve, The Property Owners, John T. Schroeder and Margaret M. Lezamiz, agree to pay any additional sewer, water or trash fees or chazges, if any, associated with the present and future use directly related to the proposed four plea apartment development. 10 days prior to the Heazing Date. The Owners, John & Margazet Schroeder will post the Heazing Notice on said property stating that an application for a Conditional Use Permit has been filed with the City of Meridian, Idaho. O No " proiect signs e " is proposed for the four plea apartments We respectfully submit this Conditional Use Permit Application and attached azchiteitural drawings for your review and approvals. ~ ~J ~J ~ SUBSCRIBED AND SWORN to before me on: l ~ I day of _. 2_~~_ QhAn..a (~LA,Qanil~ Notary Public for Idaho, Residing at ~6i t ° , My Commission Expires: /a/ a(n /a 04'5 ,.•~VA ......••q~.~ p•S ~• ~~ • O 0 ~•S• GeLIC l* p•~ pA ID A~~ J•~~ j----- - ----- ~ris--,;,,z--~,r- ---------- -- 1 i ~ ~ . ~ 43/~Yd 9NI151X3 _ ~ ~u~ Tr-----------=-----~ `. _ ~---$ S kQ~ FO wa o~ ~~ .9-.9 .9 ~ i ~ 1 b 0 I ~ m v m ~~ I m _ 'p I ~~ I o I ~~~ I { I aC' ' l . I __-~ <e9 Fm~ u ~ Z ~ gg ~~5 J v a ~ ¢ -. LLl ~ ~ ~g d ~ x ~ ' _ ~ ~ ~ ~~~ ~' W ---~ ~ a~ O ~~ ~ r u d a 0[ W ~ u S~ n ~~ ~ ~ ' ~~ _. _- -__ ~___..._ ~___._ r __ .. _______ _..____ ...._ - _.. ._ _. _.. - - __ - _ - _, _ - _.._.. ' ~3~dd 9~IIlSIX3 f ~_-- --~-- -- - f - ~- ~~ i I __ __ ._. r. ~ - . _ ~ .~ , m ~ ~~ - ~ ; ;~ - 1-..---------. ~. ~ ~~~ ` ~~°'- ~ ~ . ;,: ~ ~ i ~¢ ~~ ~ ::, ~~ ,>. , ~ ~ z fi ~ ~ I ~'' ~ ~ ~ ~~ ~~ o ~~ ~ ~ .~ a ~~ ~~ ~ w o ~_ ~ a _~ ~ .~ ~ ~ ~o ~ ~ ~~ ~ Q ~ ~ ~ ~~ ~ ~ i ` ~~ ~ ~ o e~ ~o ~ x e -~ ~ o ' _ ~ .~ ~ z ~ - ,,^._ J~ z ~ ,wov ,. ' ®nva ~ of S _ ._ s~--- a - ,~~ ~~ ~~ 2F _I L ~~rL~i ' ~ t Gu ~ t .:-,. ~: `~ _ "" f°~ x S~.Y" ~~ I ,~ V •` 4. W ~ iJ -1 " 9¢: R^ )r~:. ^.`r"? e a. '' i~ .t; a .; ? 4 k qG- ~r S+ nv b 1 xi ro 1 4.i ~~ 4 ~ ~r~ t Ti ~, ~, ~. . V' {iA1 ^V TL_ i ~r -~I~- i~_~ i= ~1_ i iL !~ ~~ ~i~ 0 m D n 0 x Z a Z v D nn OC °n • ~~ -~ m pN h \~ r--~--, .( { ~~ a a ~~ w~ ib ~- ai ~u w~ r- ed aQQ ~ ~ z ;° ~ z ~p ~ ~ O E ~ v o a a ~~ °w o a ~ ~~ z ~ ~ ~z ~~ d a ~ o N ZyQ~ tt~ ~ K J 3~ 7~ ffi a, ~~ u: ~i ~a! s ~ ~ ~ £ ~~ ~ ° ~ ua ~s ° i ° i a ~ ~ ~a a~ a ' e L ~ a € ~ a $$ ~ ~o ~ ~ 3 W~ ~f g o ~~ ~a w a a ~~ s rcw rc w~ ~~ ~_ ~w v ~ ° o° ~ ~ a