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HomeMy WebLinkAboutKelly Creek Sub PP 03-014MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless CITY OF liylf tl IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird PLANNING v'"" TYsixce PLANNING&ZONING i'i9o3 (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 Transmittal Date: Mav 27. 2003 File No.: PP 03-014 2003 Hearing Date: Request: Preliminary Plat approval of 216 building lots and 14 other lots on 79.77 acres By: in proposed R-8, L -O, and C -G zones for proposed Kelly Creek Subdivision Kevin Howell Construction Location of Property or Project: NW comer of Linder and McMillan Roads David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No vAR, vAc, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert 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 Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPRP onry) U.S. West (FP/PPonly) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP oMy) Idaho Transportation Department (No FP) Ada County (Annexation onry) Ada County Land Records (FP/PPonly) Meridian Development Corporation Historical Preservation Commission 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 0 • PPo3_014 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT (RE: Meridian Subdivision Ordinance— 12-3-1 thru 12-3-6) GENERAL INFORMATION 1. Name of annexation and subdivision: Kelly Creek Subdivision 2. Address, general location of site: Northwest corner of Linder Rd to McMillan Rd 3. Owner(s) of record: Kevin Howell and Kell Fulfer AAA-- 4822 N. oseooint, Suite C, Boise, ID 83713 Telephone: 890-0850 Fax: 938-0069 E-mail: 4. Applicant: Kevin Howell Construction Aridresa- 4822 N. Roseooint, Suite C, Boise, ID 82 Telephone: 890-0850 Fax: 9Jd-UW) E-mail: 5. Engineer: Gary A. Lee, P.E./L.S. _Firm: J -U -B ENGINEERS77E. Address: 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 Telephone: 376-7330 Fax: 323-9336 E-mail: 6. Name and address to receive City billings- Name: evl n owe l l Cons ruc ion Address 4822 N. Rosepoint, Suite C, Boise, Telephone: - 6371r— PRELIMINARY PLAT FEATURES 1. Acres: 79.77 2. Number of building lots: 216 - SFR/141comm 3. Number of other lots: 14 4. Gross density per acre: 3.08 (Number ofdwelling units per acre of total land to be developed) 5. Net density per acre: 4.96 (Number of dwelling units per acre of land excluding roads) 6. Zoning District(s): Existing: RUT Proposed: R-8, L-0, C -G 7. Does the plat border a potential green belt or pathway? No 8. Have recreational easements been provided for? Yes 9. Are there proposed recreational amenities to the City? Yes Explain A path system 10. Are there proposed dedications of common areas? Explain Common areas will be owned and maintained by the HOA For future parks? No Explain 11. What school(s) service the area? Do you propose any agreements for future school sites? No Explain 12. Are there any other proposed amenities to the City? No Explain 13. Type of building (residential, commercial, industrial, office or combination): Combo 14. Type of dwelling(s) (single family, duplexes, multiplexes, other): Sing 1 e- ami i'Ty— 1 Rev. N25103 15. Proposed development features: a. Minimum square footage of lot(s): 6,000 b. Minimum square footage of structure(s): 1,301 C. Are garages provided for? Yes Yes Square footage: attached d. Has landscaping been provided for. Describe: See landscape plan e. Who will own and maintain the pressurized irrigation system in this development? Settlers Irrigation District Irrigation District: f. Are any lots intended for multi -family dwellings? No Type: g. Are there special set back requirements? No Explain: h. Were protective covenants submitted? Yes Date: 16. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat includes all appropriate easements. 6. Street names do not conflict with City grid system. 7. All items noted on the preliminary plat checklist have been completed. I have read the information contained herein and certify the information is true and correct and that this plat is in compliance with the above statements. —o Signature o Applicant Reis. 3123103 l J-U-B ENGINEERS, Inc. ��.��� ENGINEERS • SURVEYORS • PLANNERS Regional Office - 250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208-376-7330 Fax: 208-323-9336 May 12, 2003 www.jub.com City of Meridian Planning and Zoning Commission 660 Watertower Lane, Suite 201 Meridian, ID 83642 RE: Kelly Creek - Planned Unit Development Members of the Commission: On behalf of our client; Kevin Howell Construction, we are pleased to submit an application for approval of annexation Et zoning, preliminary plat, and planned unit development. The project is generally located at the northwest corner of Linder Road and McMillan Road in Section 26, Township 4 North, Range 1 West. A pre -application conference was held with Steve Siddoway and Bruce Freckleton on March 20, 2003. The subject property is comprised of seven tax parcels containing 79.77 acres of land. The site lies contiguous to the recently approved Lochsa Falts Subdivison on the north and west and is currently zoned RUT in,Ada County. Site Overview The site contains four single family dwellings and is currently utilized for agricultural purposes. Two of the existing dwellings will remain on platted lots and two will eventually be removed as the property develops. The property is bisected from east to west by a private waste water ditch and north south by a private live water ditch. Both will be abandoned with the live water delivery relocated to a future pump station near the southwest corner of the property. Project Overview Annexation / Zoninq The applicant is requesting annexation and a rezone from the existing RUT (Rural Urban Transition) to R-8 (Medium Density Residential), C -G (General Retail and Service. Commercial), and L-0 (Limited Office). All the land is designated as Medium Density Residential on the Meridian City Comprehensive Plan Land Use Map, intending three to eight dwelling units per acre. The commercial zoning is allowed by the use exception provided for in Chapter 12-6 (Planned Unit Development) of the Meridian City Code. The zoning amendment is desirable in that it conforms to the Future Land Use Map and expands the tax base of the City. The amendment is supported by numerous policies in the Comprehensive Plan, particularly those in the Land Use Section. Specifically, Goal I, Objectives C, D; Goal II; Goal III, Objective A; Goal IV, Objectives A, B, C, D; Goal V, Objectives A, B, C, D. rJ-U Engineers Surveyors Planners - DevelopmentCreekubdivision - Kelly Creek Subdivision May 12, 2003 Page 2 Preliminary Plat / PUD / Overall Proiect Design The preliminary plat contains a total of 244 lots and includes a mix of commercial, office and residential land uses in three distinct development areas. The McMillan Road frontagein the southwest corner of the site is intended to accommodate an office park containing approximately 5.19 acres. The southeast corner, adjacent to Linder and McMillan Roads, is intended to accommodate general commercial land uses and contains approximately4.49 acres. The land in between and adjoining the commercial parcels (generally the south half of the property) is designed with lots of approximately 6,0007,000 square feet in size. The north half of the property typically contains lots of 8,000.10,000 square feet. The project also contains extensive open space including a centrally located park containing 4.4 acres. The applicant is seeking conceptual approval for up to 34,200 square feet of floor area for office uses in the L-0 portion of .the project and up to 35,790 square feet of floor area for commercial uses in the C -G portion of the project. The conceptual plans comply with city standards for parking, landscaping and design. Detailed approval will come at a later date through a new application. The project as designed achieves an overall gross residential density of 3.08 dwelling units per acre. This is at the lower end of the three to eight units contemplated by the Meridian Comprehensive Plan for this area. The residential portion of the project contains 216 lots that range from 6,000 to 12,000 square feet in size. The applicant is seeking a waiver on the limitation on block length for four blocks and for 15 lots that contain less than the 6,500 square feet required by the. R-8 zone. Said waivers are allowed through the authority of Chapter 12-6 providing for Planned Unit Developments. As designed, the plat contains a total landscaped open space of 9.7 acres, including a 3.4 acre park. 7.59 acres or 9.51% of the plat area is useable open space as defined by the Landscape Ordinance. Other amenities include a network of pedestrian paths and a tot lot, gazebo/picnic area, basketball court, and soccer field/open play area within the park. Street buffers are included along McMillan Road and along Linder Road as required and comprise approximately 2.11 acres. Irrigation The site falls within the Settlers Irrigation District and is currently served by the same. The properties current allotment of irrigation water will be pressurized and provided to each lot within the development. The pump station is located near the southwest corner of the project within the office park and will be shared with the Lochsa Falls development. The irrigation system wilt be owned and maintained by the. Settlers Irrigation District. Transportation Primary access to the property is provided by McMillan Roadon the south and Linder Road on the east. In addition, the project will connect tofour stub streets, two to the north and two to the west in Lochsa Falls Subdivision. A traffic study determining the impacts of the project and required transportation improvements was conducted by Washington Infrastructure F:\ProjectManagers\GAL\11913\Admin\app letter.doc l rim Engineers Surveyors Planners - _ Development Narrative: Kelly Creek Subdivision - May 12, 2003 Page 3 Services and has been submitted directly to the Ada County Highway District. Schools Prior to designing the project the Joint School District ##2 was consulted to determine the need for a school site within the project. Mr. Wendel Bigham, Supervisor of Facilities and Construction for the District, indicated that the District had adequate land in this area to accommodate future needs. Water it Sewer Water and sewer service will be available from the Lochsa Falls subdivision at each one of the stub streets. In addition, water will come from a main in Linder Road and the applicant will install a new main in McMillan Road along the half -mile -long southern property line. Fire Service The project is located in the Meridian Fire District. Augmented fire protection will be provided for the project as required by Meridian Fire with installation of public water and fire hydrants. Other Utilities Public utilities, such as power and communications, will be extended underground into the project. Summary We believe that we have designed a viable, attractive project that complies with the spirit and intent of the Meridian Comprehensive Plan and Zoning Ordinance. We look forward to working with the city on this project. Please do not hesitate to call if there are questions regarding any portion of the application. Sincerely, J -U -B ENGINEERS, INC. Daren Fluke, AICP Planning Associate F:\ProjectManagers\GAL\11913\Admin\app letter.doc City of Meridian Planning and Zoning Department 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 To Whom It May Concern: I, Daren Fluke, representing Kevin Howell Construction, do hereby certify that the property subject to the attached annexation, preliminary plat, and planned unit development applications, will be posted at least ten (10) days prior to the public hearing for the requested applications. Dated this J�P day of &15� 2003. Signed: Daren Fluke, AICP Planning Associate FAProj=tManagas\GAL\11913\Adndn\prop posLdoc of 44021 2134Nll 'N S M r S � 5 e 'a e u C 0 Q 0 Z J J U I 0 0 FILE No.467 05/07 '03 13:26 ID:TITLE BE / TITLE DEPT li I'I OI H 0 FAX:12082875322 PAGE 2/ 17 I. =1 t ��ry Publi�Publi Residing in pL , IdahoJ_,L My Commission Expires: FILE No.467 05/07 '03 13:26 !ruu ID:TITLE ONE / TITLE DEPT • .n n Piomn [enpUy PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rin"an Ave 1 Boise, (dalm 83704 / (206) 777.2700 WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED SACT( s. FULFBR, An Unmarried Per*nn FAX:12082875322 • Gram , does hemby Sm. bwgnD. ¢ell and convoy unto XgLLY C. FULFER and BRENDA M. FULFER, Husband and Wife Ute Grmace A ,whCH&CIR otaddonjis: 2750 N. MCMILIAN ROAD, MERIDIAN, IO 69642 EM mil" g described reel propelry th ADA County, SUReof Idaho, morcpARICUI ry dearibod u EM following go-wit: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO EXCEPT RIGHT OF WAY FOR MCNILIAN ROAD ADA L0py7Y 6EC0FU(i; J. AVID NAVARR- DISE. IDANO 1998 SIB PM 2129 RECORDED -REQUEST OF FEE::2wp 98 f65 PIONEER TITLE TO HAVE AND TO HOLD the said prrmiaeL with their appm name mm rhe raid atmos{ *and Gm= hors and asaigm torever.AM Ae ui4 Gtmlor dms berebywvntswmndwiththeadd Grinue s,dmGrmMr la the owneca"a ie fee rimple of caul pmrmaea; thu and prmmsea are lase from atl axvmbnucee, EXCEPT Ihaae to which this conveyarae a eepten ly made wife" asd thine made. wMared or dune by Ibe Grates sand subjem to Kaenatimu, malricl OUJI. 40dicatiods, eareelmn'rights of way and yfee111CCY, (if my) of record, ad general waa ad anmlano., (Include, irrigation andulility aramarnnru, (If airy] for the mrtml year, which are =I yat due ad payable, and thatGraamr will -arm and defend the same hors all IMNI claims wDymevm, Dated: August 27, 1 B STATE OF n eonaliy app*md _ JAG known or kwarvai to ma in the year ef_2291, before me —..__ , a ming public,par- -wh0" mate — 4 . subreribed Ia du widsin instrumms, end' be same. //q - {,_ Ninny Public:W eI4&_ eI,r�� ze. Roddingat: MTsv Ineun --�� My Commheiw ENOMI:.07/_02J20D?___ PAGE 3/ 17 4 t FILE No.467 05/07 '03 1327 ID:TITLE ONE i TITLE DEPT. FAX:12082875322 PAGE 41 17 B 97078210 CG. RECORDER AroswrCa�a J. DA' -'IU (:AVII:RO PIONM Tr= COMPANY BOISE ID �/y�.� OPACACMRM qp y7�y� p'–��ce w f 4151 W. RiDm,m Avei Rolm, ]Milo 83701 1 (2 .Y! OLt' C3 Pm 4 16 FEE KP 111fff RECORDED AT THC REO ST OF I1Qn-T� rhe L II � wnnaAM nUn, "ItPoun male JONES & JONES, INC. dbe JONES MEAT PEAS ,emryoratiw oapmlyd and miimE:mdar & laws of ft SWo of ldaW, vrob iu pdwipd offka as 7880 APACHE WAY WISE, ID 87703 - ofCsunry of ADA ,Streofldabo, _ Faest, Beeby CONVEYS of GRANTS and WARRANTS TO KELLY FOLFER and BRENDA FOLFPA, Husband and Wife FWM of E350 W. MCMILLAN RD.. MPSIDIAN, ID 83642 fartbeaumof TEN DOLLARS AND NO/100 DOLLARS. dbe folluwis8 dawibod kaet(A) of 1md m ADA Comry, Sala: of MAD! SEE ATTACHED •EXHIBIT A", WHICH BY THIS REFERENCE &SCONES A PART HEREOF, AND WHICH IS COMPRISED OF ONE (1) PACE Lowdim ofabora dommkil Properly S..F 116r–q u_3Je t 1/4 ser, 26 raw Rlu Haw No. Saeed nwoffkm whoaiBo Nisdwd bemby amifyrbW tLir drdmdMC IFMfe repdmmM d thcmby waadWy xnboeaM under a resolution duly adopted by the board of dimmo of The praetor m a Iawfut motion duly hdd and once" by a quorum. In wimacs wbaoof, dile prmtorhas wood in mrporam scat seat to Whermmto affixd by its duly a wwriud ofdaetc two 19 day of September . A.D. 1997 L7`f il/lhlFl �1.'1lRCH�17IIFI::X�f�:+!i ia'�:F. a..e a 1'i ACKNOWLEDGMENT - Corporate STATE OF IDARD , County of ADA , ss On said to me that wtheyeard 1997 bdmm . a notary pabha, Notary public: uyt EM&C" Lde"_ /� qLi nn —7r &wwty AS mondial. IO Retains ar'� ERIDIAN, IDANO Coo 400 11006/1001 My Commission Expires: 11103/01 41 FILE No.467 05/07 '03 13:27 ID:TITLE ONE / TITLE DEPT. FAX:12082875322 PAGE 5/ 17 UNITY A THE SOUTHEAST 1/4 BOUrOEST 1/4 SOUTHEAST 1/4, SECTION 28, TOWNSHIP 4 NORTH, RANCE 1 WEST, 5018E MERTOIAN, ADA COUNTY, IDAHO EXCEPTING THEREFROM THE RIGHT OF WAY FOR SCUILLAN ROAD. ENO OF LEGAL OBSCNIPTION FILE No.467 05/07 '03 13:27 9 -! ID:TITLE ONE / TITLE DEPT. FAX:12082875322 9 0 WARRANTY DEED This document hair¢ reeordod m e_wrea W QaitCm Dead reseeded a lvrtrm a n N"181127347. Order No.:500011 OVE FOR VALUE RECKMED Xd1y Feller and Brenda Fulfer. Husband and Wit, the grantmis), daHQ hereby ynm, bargain, sell and convey umo Randall Gene Calkins and Tanya l.. Calkbn, Husband and Wife whose current address is 1942 W. McMillan Road, Meridian, Idaho SM2, the gmntea(s), the following described parmscs, in Ada County, Jdaho, TO WIT - A parcel of land located III the Southeast''/. Southwest % Soutbeast'/. of Section 26, Towashlp 4 North, Range I West, Robe Merldian, Ada County, Idaho. Moro particularly described as follows: Commencing at the Wes"ast 1164 corner common to Sections 26 and 35, Townshlp 4 North, Range l West, Boise Meridian, said point being the Real Foial of Beginning; theaee North 00°01114" East, 208.71 foes on the Waist boundary of Cho Southeast % Southwest %Southuast 2 of Haid Section 26 to a point; thence North 00°58'20" Esat, and parallel to the line Common to said Section 26 and 35, 206.71 feet to a point; thence South 00001'141] West and parallel to the said Wert boundary of the Southeast %Southwest % Southeast %, 208.71 tout to the said line common to Sections 26 and 35; thence South 00058.20" Weat, 208.71 feet an said line common to Sections 26 and 35 to the Real paint of Beginning. TO HAVE AND TO HOLD the aid pcamises, with their oppatenaoces unto dee said Grantee, heirs and assigns forever. AM the said Grantor does hereby covenant to std with tae said Gtatell(l). that ll)he We= the ownertt) in fee Simple Of said pmmuer, that they am free from all erteumbranaea Eecapt, Cunmt Year Taxes, conditions, covenmn, rnuichom, mservations, earemcna, rights and rights of way, apparent or of tecord. And that bpm will warrant and defend the same from all lawful claim. wh4w"'T. Doled: January1, 2002 dry er rends Fuller Sure of Idaho I �.r" c 1, as i t. County of 1"kns_S I `: ,.....11 I :• 9 a On the I our--- day of ary 2002, h flew - o l�ru�i�P�i appearoE " 11 r,.S s. known or idonti8e t b be sons wh a are aeknowicdged to me ay eaouued same. IN my official seal the day and vert is Ous eera0cad ALuA&CE rang AO.l COUNTY RECDRDER I DAYU MWARRO 2002 JA 14 I'll 2: 36 {LlbHf SEAQ A C Of oldado, personally to thea tmmenl and ,1 hive ber set My hand sat affwed I lie fort a dtee be at: R MUR 1JI!V4 yM TT FEE-2;� 1�Or� 102004758 PAGE 6/ 17 • 0 ,,z -J I & K A PORTION OF THE SOUTH % OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 25, 35, 36 AND THE SAID SECTION 25, FROM WHICH THE QUARTER CORNER COMMON TO SAID SECTIONS 26 AND 35 BEARS SOUTH 89 DEGREES 58'20'. WEST, 2625.67 FEET; THENCE SOUTH 89 DEGREES 58'20" WEST, 653.77 FEET TO THE REAL POINT OF BEGINNING, THENCE CONTINUING SOUTH 89 DEGREES, 58'20" WEST, 659.09 FEET TO THE EAST 1/16 CORNER; THENCE ALONG THE WEST BOUNDARY OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 NORTH 00 DEGREES 01'49" WEST, 662.23 FEET TO THE NORTHWEST CORNER OF THE SOUTH '/2 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114; THENCE ALONG THE NORTH BOUNDARY OF THE SOUTH h OF THE SOUTHEAST 114 OF THE SOUTHEAST 1 i4 SOUTH 89 DEGREES 54'11 EAST, 657.90 FEET TO A POINT; THENCE SOUTH 00 DEGREE 08'00' EAST, 650.80 FEET TO THE POINT OF BEGINNING. EXCEPT RIGHT OF WAY FOR MCMILLAN ROAD ALONG THE SOUTH BOUNDARY. FILE No.467 05/07 '03 13:29 97054045 + A^4 Ayt.CompAy sols[ ID Pr ofl` t" PIONEER TMECOMPANY �wl 6 oP ADA AD&COCovNTY vu 9151 W. Riflcmma Ave I Bowe, Idaho 83704 r (21Ri1 L2706 ��1fl �rRECCRpi":.. ii_.ri of ID:TITLE ONE / TITLE DEPT • FAX:12082875322 • WARRANTY DEED (INDIVIDUAL -1 FOR VALUE RECEIVED LARRY D. JAMES, A Married Man, as his sole and separate property Glamor , deals hereby great, bargain, Sell and ronvey unm KELLY G FULPER and BRENDA M. FULFER. Husband and Wife the Gramoc 's , whesccurstemaddrraa D: 2350 W. HCHILLAN RD, MERIDIAN, ID 93642 lee following described real property to ADA County, Sure of Idaho, mnwpanieulary described as follows, m-ww SEE ATTACHED "EXHIBIT A", WHICH BY THIS REFERENCE BECOMES A PART HEREOF, AND WHICH IS COMPRISED OF ONE (1) PACE TO HAVE AND TO HOLDfhe UW premlaee, coIl&&ieappurte AAA =&the raid Oranue send Grmme hei" and atsiga forearm. Aad the Said Glamor dine hereby rovrnam m W with the said Orwee o. Tie Gramm is the owls, in fee simple of Said prmabra; that said promises aro her from all mw=branas, EXCEPT $sets m which this conveyww u saprarly made.abject sad than made, suffemd or done by the Grannie a Slid wbjen as reservations, msmiwions, dedications, asm reins. rights of way Slid agwrmenD. (if any) of record, sad SetHW lam and mwumems, (iodudcs irt{gafloe Ind wilily aDmsaacnts, (if my) for the enrnrsat you, which as rot ya4 due cod payable, end thatGumor will walrof and defend tie ams, from all lawful claim wDauaevm. David: JULY 8, 1997I LAHR i. STATE OF �t'inftyWaf—IMZ—,bc(MM f. ADA .. U. On this -�_ dNTf.Nel lP. n_�gggCy . _.. a Balmy Public, pm- smully hipeazed ... —. known m idmdB lolMdll� lite luuro _ 4, subscribed m Vila within imummm, Ball wbnowledgedmL ee rode. ,' m .n �a ( 1 r*7re OP I'D Notary I+uDlic:1 _ "'OSxM. RmMfi u: MIRLAb IDAHOor RcOmm N 11813010 W - Cotl BSP I Ip51g001 MY CbmauaHon Erpifes: ]1{A.I/01 L� WILE No.467 05/07 '03 13:29 ID:TITLE ONE / TITLE DEPT. FAX:12082875322 • 0 Fil! Number: PISS848 EXNISIT A A PORTION OF THE SOUTH 112 OF THE 80MEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, AOA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TD SECTIONS 25, 35, 36 AND THE SAID SECTION 28, FROM WHICH THE QUARTER CORNER COMMON TO SAID SECTIONS 26 AND 36 BEARS SOUTH 89 DEGREES 58'20' WEST, 2625.07 FEET; THENCE SOUTH 89 DEGREES 58'20' WEST, 151.00 FEET TO THE REAL POINT OF BEGINNING THENCE CONTINUING SOUTH BB DEGREES 58"20' WEST, 502.77 FEET TO A POINT; THENCE NORTH OD DEGREE 08'00' WEST, 660.80 FEET TO A POINT ON THE NORTH BOUNDARY OF THE SOUTH 112 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4; THENCE ALONG SAID NORTH BOUNDARY SOUTH BB DEGREES 54'11' EAST, 653.77 FEET TO A POINT ON THE EAST BOUNDARY OF SAID SECTION 26; THENCE ALONG SAID EAST BOUNDARY SOUTH 00 DEGREE Oe'00' EAST, 237.37 FEET.TO A POINT; THENCE SOUTH 69 DEGREES 58'20' WEST, 151.00 FEET TO A POINT; THENCE SOUTH 00 DEGREE 06'00' EAST, 422.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: RIGHTS OF WAY FOR MCNILLAN ROAD ALONG THE SOUTH BOUNDARY AND LINDER ROAD ALONG THE EAST BOUNDARY. END Of LEGAL DESCRIPTION PAGE 16/ 17 FILE No.467 05/07 '03 1330 ID:TITLE ONE i TITLE DEPT. FAX:12082 J322 PAGE 17/ 17 E • RECORDED -REOUEST OF ADA .N ON pR R FEE31D—OEPUTY Z111FE27 PH 4125 101017423 A Foam, Langley `� PIONEER TME COMPANY ppNEtSR7T11fi OF ACA DACO r:OCMY list W. Rifleman Ave. / Boise, Idaho 97704 (209)777.2700 -i 200146 DA / 1L bK4D ANO APPRIygp By �`'� WARRANTY DEED For Value Received Haul M. Dudgeon, an Unmarried Person hereinafter roRmrd to me Grantor, does hweby grant, bwpin, axil, warrant and convey unto Kelly FVlfer and Brands Pulfer, Husband and Wife hereinafter referred le as Grantee. whose current address is 2750 West McMillin Road, Meridian, ID $3642 the following described premises, tis w*w COmmeneing at the Soulheaw comer of Section 26, Township 4 North, Range I Wast, Boise Meridian; thence Noah along she Eass 5ce1100 line of said Section 26, 422 feel I4 o point; thence West parallel with the South boundary line of said Section 26, IS I feet to a paint: thence South parallel with the East Section time of said Section 26, 422 fact to a point, the South boundary line of said Section 26; thence East along the South boundary line of said Section 26, ISI few m the Point of Beginning. Subject to existing rights of way and easements for rondo and highways; and together with anyandall ditches and ditch rights, water and water rights belonging or apperea Laing thereto. To HAVE AND TO HOLD the said premises, with their appuaanancea unto thc said Grantee, his helm and assigns forever. And the said Greater does hereby eovrnant to and with the said Grantee, that Orlando is the owner m fee atmple of said promises; that aid proteins an free from all encumbrances except current years taxes, levies, and assessmems, and except U.S. Patent rossmations, restrictions, casements of mooed, and easements visible upon the pmmiref, and that Grolier will wanansand defend the area from all claims whalsocver. Damp. February 26, 2001 ff in U . .Oi STATE OF IDAHO ) w. COUNTY OF ADA ) STATE OV Idaho. County of Ads, u. On this 2616 dray of February, in the yew of 2001, before au, Trials Kellogg, nowre public pessosully, appeared Hara1 M. Dudgeon lino fgjQVIf ed to me to be the person whose nems is sobseribed to the -,this instruments, and KIxi t�g j0W_%111 she eacrosmd the ease. IL) Duro Kellogg NomY Public of Idaho Residing of Meridian, Idaho Cobomiisimaxpibn: Match25,2003 FILE No.468 05/07 '03 13:31 m ID:TITLE ONE / TITLE DEPT FAX:12082875322 PAGE 3/ 18 IRY AE00ADIA 0, DAVID NAVA"D f MatiITO 01:21 PM knob 00rr01100 D—AiOF BIIIIINIIIINIItIIIIIHIIIIulllfll 300 105064681 fla317'la1 �c�flG WARRANTY DEED GRANTOR: Kelly and Brenda Fulfer, husband and wife, whose address is 2350 W. McMillan Road, Meridian, Idaho 83642. married GRANTEE: Kevin A. Howell, a aftkkman dealing with his sole and separate property, whose address is 4822 North Rosepoint Way, Suite C, Boise, Idaho 83713. For good and valuable consideration the receipt of which is hereby acknowledged Grantor hereby CONVEYS, GRANTS and WARRANTS unto the Grantee that real property located in Ada County, State of Idaho, legally described as follows: The North Half of the South Half of the Southeast Quarter of Section 26. T4N, R1W. Boise MeridiantADA COUNTY, IDAHO, To have and to hold the said premises, together with all water rights, ditch and ditch rights and other appurtenances thereto, unto the Grantee, and Grantees heirs and assigns forever. Grantor does hereby covenant to and with said Grantee that Grantor is the owner in fee simple of said premises and that said premises are free from all encumbrances except 2003 real property taxes, any restrictions or reservations, contained in the patents and easements appearing of record. Dated this 17'" day of April, 2003. _ a9-rulfar r Brenda Fulfer STATE OF IDAHO, I (ss. COUNTY OF ADA, > IAN , before me, the undersigned a Notary On thisl/%`r day of &41c- Public R!LPublic in and for said State, personally appeared Kelly Fulfer and Brenda Fulfer, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto setQ,,yhanand affixed my official seal the day and year in thi g#rtificate first ab v tt FR4,y %Ply Notary Public for Idaho * WQ7aq Residing in Aopr, Idaho,/_ �•+ L My Commission Expires:/y3�'�K ..K �VL'r7G er O�•1Dp� DURABLE SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Randall G. Calkins and Tanya L. Calkins, husband and wife, have made, constituted, and appointed, and by these presents does hereby make, constitute and appoint Kelly Fulfer of Meridian, Idaho their true and lawful attorney for and in their name, place and stead, and for their use and benefit as follows: To subdivide, plat and otherwise provide for the development of the property legally described in Exhibit A attached hereto including, but not limited to the power to sign, execute and deliver applications to governmental agencies, requests for annexation, grants of easements or rights -of way, requests for or agreements for governmental approvals, development agreements, plats, preliminary plats, applications to utilities, and any other documents of any kind relating to the development of the property described herein. This power of attorney includes, without limitation, the power to sign, seal, execute, deliver and acknowledge such instruments in writing of whatever kind and nature as may be necessary or proper in the premises. Giving and granting unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the above stated premises, as fully to all intents and purposes as the signer might or could do if personally present, whether individually or as husband and wife, and hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done in the above stated premises by virtue of these presents. This special power of attorney shall not be affected by the disability of either the principal. IN WITNESS S WHEREOF, We have hereunt s�t our hands and seals the � day of —.1<y 2003. /J all G. Calkins :r G Z Tanya L'JCalkins �/ STATE OF IDAHO, ( ss. COUNTY OF ADA, On this 2O day of ,2003, before me, a notary public in and for said State, personally Appeared Randall G. Calkins and Tanya L. Calkins, husband and wife, known or identified to me to be the persons who executed this instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this,c i is first above written. t %--S w. `0TAgP a� pUBLtG O , N ary Public for'ldaho esiding in Boise, Idaho My Commission Expires -FILE No.467 05/07 '03 1327 TITLE ONE / TITLE DEPT FAX:1201322 WARRANTY DEED This document beim recorded to Ordar No:500011m3 Scorrect uitpel am Dead rorded as lonrurnt No. 101127347 .IG FOR VALUE RECEIVED Kelly Futter and Brenda Fuller, Husband and Wile the jranmds), doles) hereby joint. botgaie, sell and ewvry unto Randall Gone Calkins and Tanya L Calkins. Husband and Wife whose eunent address se y 1942 W. McMlllw Road, Meridian, Idaho 83642, the grantm(A the following described premises, in Ada County, Idaho, TO WITS A parcel of land looted in the Soueheait'/. Southwest'/. Southeast'/. of Session 26, Township 4 North, Range 1 West, Bolsa Merf Ilan, Ada County, 149bo, mora particularly described b follows: Commencing 21 she West -Fair 1164 corner cerumen to Sections 26 and 35, Taawnshlis 4 North, Range 1 West, Boise Meridian, said point being the Real Postal of Beginning; thence North 00001'14" East, 208.71 fees on she West boundary of the Soushoast '/. Southwest %Southeast %of said Section 26 to a point; thence North 90.59'20" East, and parallel so rho line wmmon to sold Section 26 add 35, 209.71 feet to a point; thence South 00901'14" Wect and parallel to theaald Want boundary of the Southeast''/. Southwest V. Southeast '/., 20&71 feet to the said has commoa to Sections 26 and 35; thence South 89°58.20" Weae, 208.71 feet on said line common to Sedions 26 and 35 to the Real point of Begfdning. TO HAVE AND TO HOLD the said pramws, wuh their appurtenances unto rbc gid Grantee, harm and assigns forever. AM The said Oran, does hereby overeat to asW wah the laid Gramm(sl, that fsihc is/am the Owncr(s) in fee simple of said premises; that they are hu ham all eneumbranans Eecapu Current Year Taae,. conditions, covenunn, oeadictsons, mscmanons, easements, rights slid rights of way, apparent or of record And us Whe will warrant and defend the same from all lawful clamp whaemever. Dared: January1, 2002 eRy. fau1 er _ icon° Fuller State of Idaho I +• tri/' at j. ,sa .'.1 , �••.4%�'.O ... , 44. seat. County of Y�'-'ate I i 11 I u .•p i e ., p On this appeu,ed�I day ofylwary 2002, Ir a ?Vn te�o�P�ipli or mid state, potentiallyknown O c.l or to= Re t abs otos wb s me m Na tit and scknowicdged to me s ay eamuted same. IN ER , I have no set my hand and affeaed my Official seal the day and yea in this eemlieaes RLL1M^.F TITLE sesrdtdj at: ,Da CUUH1T RECORDER RRYSi Or I DAVI)H:VARRO 300 FEE— -OEpUf I' 2412 JA 14 tall 2: 3u 102004758 PAGE 6/ 17 DURABLE SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Jack G. Fulfer, a single man, has made, constituted, and appointed, and by these presents does hereby make, constitute and appoint Kelly Fulfer of Meridian, Idaho his true and lawful attorney for and in his name, place and stead, and for his use and benefit as follows: To subdivide, plat and otherwise provide for the development of the property legally described in Exhibit A attached hereto including, but not limited to the power to sign, execute and deliver applications to governmental agencies, requests for annexation, grants of easements or rights -of way, requests for or agreements for governmental approvals, development agreements, plats, preliminary plats, applications to utilities, and any other documents of any kind relating to the development of the property described herein. This power of attorney includes, without limitation, the power to sign, seal, execute, deliver and acknowledge such instruments in writing of whatever kind and nature as may be necessary or proper in the premises. Giving and granting unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the above stated premises, as fully to all intents and purposes as the signer might or could do if personally present, and hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done in the above stated premises by virtue of these presents. This special power of attorney shall not be affected by the disability of the principal. IN WITNESS WHEREOF, I have hereunto set my hand and seal the LC""' day of _, 2003. )Ick G. Fulfer 0 STATE OF IDAHO, ) { ss. COUNTY OF ADA, ) On this qday of , 2003, before me, a notary public in and for said State, personally ap eared Jack G. Fulfer, known or identified to me to be the person who executed this instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ,'•°•,V. W i� •pig !V p 0OTq,,t S CDU G t N � BLt �'•,,F OF ID ...•' Notary ublic for Idaho Resi ng in Boise, Idaho Commission Expires: \-j kG K FtlFf:,h A PORTION OF THE SOUTH % OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, B01SE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 25, 35, 36 AND THE SAID SECTION 25, FROM WHICH THE QUARTER CORNER COMMON TO SAID SECTIONS 26 AND 35 BEARS SOUTH 89 DEGREES 58'20", WEST, 2625.67 FEET; THENCE SOUTH 89 DEGREES 58'20" WEST, 553.77 FEET TO THE REAL POINT OF BEGINNING, THENCE CONTINUING SOUTH 89 DEGREES, 58'20" WEST, 659.09 FEET TO THE EAST 1/16 CORNER; THENCE ALONG THE WEST BOUNDARY OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 NORTH 00 DEGREES 01'49" WEST, 662.23 FEET TO THE NORTHWEST CORNER OF THE SOUTH 54 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE ALONG THE NORTH BOUNDARY OF THE SOUTH 'h OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1!4 SOUTH 89 DEGREES 54'11 EAST, 657.90 FEET TO A POINT; THENCE SOUTH 00 DEGREE 08'00" EAST, 660.80 FEET TO THE POINT OF BEGINNING. EXCEPT RIGHT OF WAY FOR MCMILLAN ROAD ALONG THE SOUTH BOUNDARY. -1- AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA 0 I, Kevin Howell 4822 N. Rosepoint, Suite C, (name) (address) being fust duly swom upon Boise Idaho oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: J -U -B ENGINEERS, Inc. 250 S. Beechwood Avenue, Suite 201 (name) (address) Boise, ID 83709 to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. Dated this 11 day of 200 (Signature) AND AND SWORN to before me the day and year first above written. Baa°c a�oo«o yp't'> �o qV4 a, /�?Z?t� NotarygubliKAr Idaho O TA R `Jesiding at Ya y Commission Expires: jf�-�a 3 -° U E Lx� o Rev. 03125103 0 0 STATE OF IDAHO ) COUNTY OF ADA ) 1 Kelly Fulfer AFFIDAVIT OF LEGAL INTEREST 2350 W. McMillan Road (name) (address) Meridian Idaho being first duly sworn upon oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: J -U -B ENGINEERS, Inc. 250 S. Beechwood Avenue, Suite 201 (name) (address) Boise, ID 83709 to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this �_ day of 2003 . ignature) AND SWORN to before me the day and year fust above written. A �. OOTAh'Y °® ° 7'U13 tc 8® 0 r4 My Commission Expires: --/Fr- o�A -- Rei. 3125103 rJ• Engineers Surveyors Planners Project: 11913 Date: May 12, 2003 FULFER DEVELOPMENT- R8 ZONING PARCEL DESCRIPTION That portion of the South %2 of the Southeast Y4 of Section 26, Township 4 North, Range 1 West, Boise Meridian; Ada County, Idaho, more particularly described as follows: COMMENCING at a found 5/8"iron, pin marking the Southeast corner of Section 26, from which a found, 5/8" iron pin marking the South V4 corner of said Section bears North 89°28'38" West, 2,625.53 feet; thence along the Southerly boundary of Section 26, North 89°28'38" West,,600.70 feet to the POINT OF BEGINNING; thence continuing along said boundary, North 89°28'38" West, 1,324.45 feet; thence leaving said boundary North 00`34'05" East, 424.65 feet; thence South 80°37'07" West, 436.64 feet; thence North 89°22'53" West, 270.00 feet to the Westerly boundary of the South 1/2 of the Southeast''/4 of Section 26; thence along said boundary, North 00"37'07" East, 980.30 feet to the Northwest corner thereof; thence South 89° 13'39" East, 2,620.84 feet to the Northeast corner of the South h of the Southeast Y4 of Section 26; thence along the Easterly boundary of said Section, South 00°24'54" West, 897.75 feet; thence leaving said boundary, North 89°35'06" West, 600.70 feet; thence South 00'24'54" West, 420.00 feet to the POINT OF BEGINNING. 'Said parcel contains 67.976 acres (2,961,013 square feet), more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 S•f2-o;o 'rF or RLD M: hO� RMH/taj:dhc -R:project managers\GAL\11913\11913Survey\descriptions\11913RBzoneDesc.doc - ® - X11 ,1 T �w�j "`"`... am io°%Ipl'u xkw-wks unw'motl M a i ' 00OWO'° 1W0f °06 roul 'Sx33Nl'JN3 9-N•f l.rM3 Aarx6Yn M3382 5P - g° 9 OHY01 'Ivoy ii a1H3W ^ is 'R a»"" LMM012M sa nj �� SERpvarJTltlOP a a CC 66 i �� f -gym 9 a A i a y$ P wh—/I/tl x/tl�Ml tl .lIr I M/tl w/tl °{pSIB�y� I I g ` � S g31J �ir I 9 =!$y F4$, y $$[ pN�_,1pQ p 7 .6 a'Jf E _ tl S� 6tliS'g t� Y i I a IF= UI 33 IB " lF; ;I, ssgggg'99:JFp�:€gg�€��$11""�iifi`I;3�tly 3 6a�ajpp— \� P , R .- 9'Ik'il I� __ .fj i$54 ii 1 iAm a'Mgt ! ..7g a Y IS aj �y �� y a I ,� / �• p .1 �tl pp � ♦ awv � � _ ly E ° u aE.p x 6 oIN d I `I gg 8 qy y MM 'N Q Y y \i\ \\� ' ° R R �R ggg S S\ y ����a�����r5l�gl�� y � a � 1 a« A a• AR.+ i M I P , L 1 J — lJ. vc 9 I � 8 dq ii a Av:,: TP.oral E Is pp ap p I + x ;IV� I7 fill 4 AI} °cac 'Oul 'SH33NIOND a -n -r AVId AUVNMIIIP OHYGI 'AINnoo vay 'Nv10183w INNUO13A30 suini R 3j Nt a TILLI—P p �xj �o A rI OVOa 83GNn M/a M/a M/a -M/d I? le zp ray qui mmo S 0 d 3 V S U I 3 tl S 0 z ar 3tlS9 A I SO d a < UI w J m 3 tl S L a3 N F r U LL a d vI 0 ur 0 o o m w a ¢ 3 tl S L K 4 3 tl S C m eso Td79 w Q N N U N U U O J °J 3 V S 9 0 N 3 V S 9 S 0 S 9 4 p � N " S � 9 n 0 3 tl 5 9 w O a o o Z ¢r a ¢ 3 N a M3V a 3 d d3dd08 3dVOSONV-I ,OZ a F � w w d a O 0 O U 3 N 0111 f3�+j I a l W3 i 1 F L S O d L O U 1 �^ la d N W U IA a o m M 3 04/25/2003 13:20 FAX 2088888854 MERIDIAN P&Z DEPT . JOB PROPERTY OWNERS WITHIN 300' KELLY CREEK SUBDIVISION SISSON DANIEL 6 JR MERIDIAN JOINT SCHOOL DIST NO 2 GIBSON CAROLYN A 911 N MERIDIAN RD 19500 HIGHWAY 2026 MERIDIAN ID 83642-2241 CALDWELL ID 836054770 N LINDER RD W MCMILLAN RD STRUCKMAN DONN AND LOCHSA FALLS LLC RICHARDS MOLLYANNE 4487 N DRESDEN PL STE 102 5220 N LINDER RD BOISE ID 837140000 MERIDIAN ID 63642-5108 N LINDER RD HANKS RONALD 6 6 MOSS TONY HANKS REBECCA A MOSS VICTORIA L 5120 N LINDER RD 2400 W MCMILLAN RD MERIDIAN ID 83642-5100 MERIDIAN ID 83642-0000 PARAMOUNT LLC GIBSON DANIEL 6 JR 12426 W EMORER DR STE 220 GIBSON CAROLYN A BOISE ID 83713-0000 19500 HIGHWAY 2026 N LINDER RD CALDWELL ID 83605-8770 2780 W MCMILLAN RD BEWS E L SEWS SHIRLEY 6 FULFER KELLY 5204 N SORRENTO CIR FULFER BRENDA BOISE ID 63704-0000 2350 W MCMILLAN RD W MCMILLAN RD MERIDIAN ID 83642-5148 N LINDER RD N LINDER RD 4755 N LINDER RD 2350 W MCMILLAN RD W MCMILLAN RD EBBINGHAUS JOHN R JR 4895 N LINDER RD 22162 DUENDE MISSION VIEJO CA 92691-0000 FULFER JACK 6 1437 W MCMILLAN RD 1942 W MCMILLAN RD MERIDIAN ID 63642-0000 CALKINS RANDALL GENE CALKINS TANYA L 2186 W MCMILLAN RD MERIDIAN ID 83642.0000 @002/003 0 0 Z � � Q A � _ A � I A ,i � C C � I z z � c a D R ROAD _ M _ Z