Loading...
HomeMy WebLinkAboutJohn Deere Landscapes CZC 04-001 MAYOR Tammy deWeerd CITY COUNCIL MEMBERS HUB OFTREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Keith Bird 33 EAST IDAHO Shaun Wardle. MERIDIAN, IDAHO 83642 Charles Roundree (208) 888-4433 • FAX (208) 887-4813 William L.M. Nary City Clerk Office Fax (208) 888-4218 CERTIFICATE OF ZONING COMPLIANCE* Date: Project Name: Project Address: I~ot 9, Block 1, Olsen & Bush Subdivisi Proposed Use: ole Owner: R2 D elo mi Applicant: Ro d Var Zoning: I-L Conditions of Approval: LEGAL DEPARTMENT (208) 466-9272 • Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 Project is subject to all current Meridian City Code (MCC) and conditions of approval for the Annexation/Zoning/Preliminary Plat/Final Plat/Variance and Time Extension for the Olson & Bush #2 Development. The issuance of this permit does not release the Applicant from any requirements of the previous approvals issued for this site. As a condition of the Annexation/Zoning of this site, a development agreement between the City and the developer was required. As of the date of this CZC approval, the required development agreement has not been signed by the developer. Therefore, prior o issuance of a building permit for the subject site,. a development agreement shall be signed by the developer of Olson & Bush Subdivision #2 and the City. Further, with the approval of Olson & Bush Subdivision #2, ofwhich this site is a part, conditions for improvements/infrastructure were required. Therefore, prior to occupancy of the proposed building on the subject site, the subdivision improvements required with Olson & Bush Subdivision #2 shall be completed or bonded for where appropriate. Landscaping: The landscape plan is approved per the plan prepared by GJJ, labeled L-1, dated 12-TO- 03 and stamped "approved" on 1-9-04 by the Meridian Planning & Zoning Department. No field changes to site plan permitted; prior written approval of all material changes is required. Site Plan: The site plan is approved per the plan stamped by Brian Hull, labeled SP-1, dated 12-10-03 and stamped "approved" on 1-9-04 by the Meridian Planning & Zoning Department, with the following changes (see Red Lines): 1) In accordance with MCC 11-13-6.C, improve the proposed loading zones within the storage yard area with a dustless material (currently proposed to be graveled). Staff recommends that recycled asphalt be used, as it does not create drainage problems but does an excellent job of keeping dust down; 2) Amend the site plan to reflect the correct number of parking stalls. The submitted site plan states that there are 11 parking spaces. This notation should be changed to read: 10 spaces @ 9'-0", as shown on the plan. NOTE: The site plan shows a 20-foot ~ ~ driveway on the west side of the development. Driveway widths fall under the jurisdiction of the ACHD. However, staff anticipates that there will be large trucks and trailers utilizing this driveway. Therefore, staffrecommends that the proposed 20-foot wide driveway on Lanark Street be widened in accordance with the ACHD standards for commercial driveway widths, which is typically 24-feet wide (minimum). The approved site plan is not to be altered without prior written approval of the Planning & Zoning Department. Im ag tion: An underground, pressurized imgation system must be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. Curbins: Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Protection of Existing Trees: Any existing trees on site must be protected in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per MCC 12-13-13-4, coordinate with the Parks Department Arborist (Elroy Huff for approval of protection measures prior to construction. Any severely damaged tree must be replaced in compliance with MCC 12-13-13-6. Parkin: O~ street parking is approved as shown on the approved site plan (9 standard- stalls, 1 handicap-accessible stall). In accordance with MCC 11-13-5, all standard parking stalls must be constructed 9-feet x 19-feet minimum and drive aisles must be at least 25-feet wide. The project engineer/architect shall certify that the number, location and size of handicap-accessible space(s) conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. The Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this development. Sidewalks: All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with the MCC. Li tin :Lighting shall not cause glare or impact the traveling public or neighboring development. Si na e: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. Trash Enclosure: Any dumpster(s) must be screened in accordance with MCC 11-12-1.C. Trash enclosures must be built in the location and to the size approved by SSC. Handicap-Accessibility: The structure, site improvements and parking must be in compliance with all federal handicap-accessibility requirements. NOTE: Staffdoes not believe that the proposed location of the handicap stall conforms to the ADA requirements for location, as it is the furthest stall from the accessible door (see ADA Accessibility Guidelines, 4.6.2). ACRD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning stafffor approval prior to the issuance of a building permit. .Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. No occupancy will be granted until the final plat for the property is recorded. Plan Modifications: The approved Site Plan and Landscape Plan, stamped "approved" on 1-9-04 are not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the, site or Landscape plans are permitted; prior written approval of all changes is required. Craig Hood Associate City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. • Plan Size ~ Scale: The landscape plan must have a scale no smaller than 1"=50' (1"=20' is preferred) and be on a standard drawing sheet, not to exceed 3b"x48" (24"x36" is preferred). A plan which cannot be drawn in its entirety on a dingle sheet must be drawn with appropriate match lines on two or more sheets. Number of Copies: 3 Landscape Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves mare than a simple arrar-gement of plants with irrigation; plants are not haphazardly placed in a way that fills up leftover spaFe. Landscape plans should be artfully and technically organized in a way that conveys coherence, design, and organization. The landscaping should enhance the physical environment as well as the project's aesthetic character. Also, requiring plans prepared by a landscape professional minimizes the likelihood of trees dying or interfering with other adjacent site features. Therefore, all landscape plans shall be prepared by a landscape designer, or qualified nurseryman. I~e~t: _..... .. r~-~n~e»t5 scale north arrow nd 'tle of the ro'ect. Names, addresses and telephone numbers of the developer and the person/firm preparing the (~ 2. lan. xistin lines and imensions of 1 t V 4. lations ' to 'a t e s ets a d rivate lane . i. is a ri t f-wa 1' son or ad~acent to the lot. ~ 6. E ' d of tbe lot and th onin nd use of a 1 ad'acent rties. ~-- Existing natural features such as canals, creeks, drains, ponds, Wvetlands, floodplains, high ~ dun ater areas and rock o in ~ Location, size, and species of all existing trees on site with trunks 4 inches ar greater in 8. diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or ~ removed. A statement of how existing healthy trees proposed to be retained will be protected from V ~ dams d co c 'on Existing bur7dings, structures, planting areas, light poles, power poles, walls, fences, berms, 10. parking and loading areas, vehiqular drives, trash areas, sidewalks, pathways, stonnwater t~ t 'on s si t f ip a and other n- de elem ' ts. Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown V' 11. w'th -foot co 0 1Z. t Trian as a din cti 6 f this finance I~i0 Location and labels for all proposed plants, including trees, shrubs, and groundcovers. Seale ~~ 13. own for la materia sal reflect a i mat size A Plant List that shows the plant symbol, quantity, botanical name, common name, minimum 14. planting size and container, and comments (for spacing, staking, and installation as 1/' 'ate 15. Pl a installa 'on details s ne to ensure con a 'th 11 re wired sta dard . 'v 16. si s fall d struct s f sere ses. Calculations of project cornponenis to demonstrate compliance with the requirements of this V, 17 'Hance includ' a. N of t trees line 1 feet of street fr b. Wi of street bu c W' h of kin to la sca t ffer width een di t land uses Number of parking stalls and percent of parking area with internal e' 1 a i ~' f. To 1 n ber of trees d eies mix / ' t'on f v 1 o exi es S CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECKLIST 6 Rev. 11/03/(13 RON~LD W. VAN AUIC~R, INC. PHONE (208) 887-7994 /WATTS 1-800-967-3905 3084 EAST LANARK MERIDIAN, IDAHO 83642 December 22, 2003 City of Meridian Planning and Zoning Department 660 E. Watertower Ln., Ste. 202 Meridian,ld 83642 Re. John Deere Landscapes To Whom It May Concern: Please find attached a Certificate of Zoning Compliance Application for the above mentioned project. This new building is located on East Lanark Street in the new Olson And Bush Subdivision #2. The owner is proposing to constnact an industrial building in an IL zone. The building will be 16'-0" above finish grade. There will be 10 parking stalls as shown on the site plan. The building is 5000 sq. ft. and is on 45,956 sq. ft. (1.06 ac.) of land. We have proposed 3548 sq. ft, of landscaping along the street, in front of the building, and along each side of the lot. The landscaping selected will provide variety and these plant materials will survive well in this climate and match the existing landscaping in the area. The back of the lot will be fenced and utilized for storage. John Deere Landscapes is a r1etail, wholesale sales, and storage facility of landscaping and irrigation tools and supplies. We hope this project will meet with your approval. Please call if you have any additional questions or concems.Thank you for your time and consideration. Sincerely, -~%~z~ Gayle Jensen N 0 ~~- _ - '~~ ~ ~~ 1 •~ I ~ r p ~ r ~ U ~~ I w ~~ ~ I ~ ~~ i o I A ~~ C z d1 Z ~ S • r D s ortsroo >f -+ 'I m o ~ $ ~~ ~ o I ,I s.T~ 8 N ~ c 1 W, I ;~~ ~ 1 ~Z~ m °cj~ r ~g~ Z ~{ ~~ ~ ~ ~ /.SS V~~. ~ ~~ Ai~OC I~t:tJLAO N -°s ~,IW NOS'10 'N w m~0[~~ ~t t'009~ ~ I i~ O~~ e C N I; ~~ ~ ` {f ,~ ~ I ~ I Ip~~ pyy ~ ~ I P V ~~ ~ ', 1 P ~ ~~ ~ ~ ~ ~o I ~ + ~ I ~ Ld I ; g I ~~ o ~_~ ' I sot Y 1 -~__~.~......r T~- ~~ . ~ I !~~ ~ I "' 1 ~ ~ !~ o o i ~ls Q~ I I~ r., a I u~ 3 Ot'15'001r ~.,z• I N 1 I~ ,,,, o .~ ~ ~ I m 9 I I ~ - V I t so• I s ortsoo~ I ~ ~.ttr ~ I to I'~ I ~ 8 ~ ~ g' N I ~ 1 s ot•~s'oo~r I :>bo~ I ~ ~ ~ ~I ~ `I I ~~ 1 3 .£ ~,BZ~O S ~, > I z SO' v ~ I Z z y~~ OLSON ANO BUSH ~> I~ INDUSTRIAL PARK i ~o ~ ~ ~m >~ ~at<.oo_" __ _ :tszts Y ao N G?SCttl' E 2650.IS' ~ ~' N. EAQI; ROAD v F ~ cp z m Q c Z Z !7 b r 0 0 J J 0 r r i r r ~ONTENTS OF CZC APPLIC~ION (Incomplete applications will not be processed) An application for a Certificate of Zoning Compliance shall be filed with the Planning and Zoning staff by the owner of the property or the applicant of the proposed use. The application shall contain the following information: ~. Completed and signed CZC application form. The last deed of record for the subject property. ~-. Notarized Affidavit of Legal Interest (attached). Four (4) copies of a detailed site plan, drawn to a scale of not less than 1"=50'. Also include Four (41-copies of an 8'/z" x 11" reduction of the site plan. .h. Submit a scalable Vicinity Map of the subject property and surrounding properties (a map maybe obtained from the Meridian Planning & Zoning Department). ~! Three (3) copies of the landscape design in compliance with the Landscape Ordinance, drawn to a scale of not less than 1"=50'. Also, include three (~ copies of an 8 '/2" x 11" reduction. See attached landscape submittal requirements. ~: Three (3) copies of irrigation performance specifications in compliance with the Landscape Ordinance. (Form attached) Written approval or a stamped site plan from Sanitary Service Company (SSC) indicating that the designs of the trash enclosure and access drive are acceptable. SY. A calculations table that shall list the number of parking stalls, building size, lot size, landscaping, open space, setbacks, fencing, screening and coverage. A written statement from the applicant detailing the proposed use(s) of the property. Please list as many details as possible. ~ A fee of $60.00. AC:FiD Acce to Anc~ Applicant shall be responsible for meeting the requirements of ACRD as they pertain to this application. All impact fees, if any, shall 6e paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Rev. 11 /03/03 AFFIDAVIT OF LEGAL 17VT STATE OF IDAHO COUNTY OF ADA ~-K-37T ~T (name) (address) being first duly sworn upon ~ ~ P r h iA~ '~-`"oa N~ oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: ~~`~=T s~- • .3~~ E L~NA~Ks~r--s-r- (name) (address) 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 ~~Th day of ~~~ SUBSCRIBED AND SWO)j~'to before me the day and year first above written. . a 4~ ~m©®®~ .~ ~a ~ ~ ~' ~' 6)T ~"~ ~ ~ otary blic for Idaho ~ ~®~ ~ ~~' ~ R .gat NQ.hrI.U~ ~~ ~ ° ~,U B~~ Q ~~,~ ~ ~` ~~ My Commission Expires: ~ a (`D Rev. 11/03/03 • IRRIGATION PERFORMANCE SPECIFICATIONS PER ORDINANCE 12-13-8 NOTE: suBmit 3 copiers of this completed form with any applicationfor Certificate of Zoning Compliance (CZC). Project Name: T N M D CE >Z.E-- L-A I~t D EGA PE S Specifications: Available Gallons per Minute: LlN K n1oc~N NEG.J Scrt3~-uisl o N wa'Y'~2 s~-,e~~rc ~. r s 8ecruc INSrau.bp Now. Aff~GJ lZ" 4/~TEri C(Nr Available Water Pressure: ~ 'baya . Paint of Connection (describe and/or submit a site plan): • Primanr C;nnnectinn~ GLT7' H/,yT • S.~ClZ11dSr~ C".nnnection~ h(,/~} Landscape Area: If the Irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscape areas to be irrigated.• 35y-8 ~,f. Ba ,f]o~v Prevention A backflorv prevention device must be installed as required by City Ordinance ~-3. The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Preriz itatinn Ra Pc Sprinkler heads must have matched precipitation rates within each control valve circuit. ~~ ' n 7.on~ Sprinkler heads irrigating lawn or other high-water-demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced- water-demand areas. ~~ rav Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. 4 Rev. 11/03/03 Additional Irrigation ~es: Trrigati~n Re rnirc~ All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Trri ga i nn W .r go rr .~ P Use of non-potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than '/2 acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: I, ~-, e~-rt..G T~~(,~~r , do hereby affirm that any irrigation system installed for the project mentioned above will be designed and installed in compliance with the specifications and notes stated in this form. ~~ /~^o ~. Appli ant' afore Date Rev. 11/03/03 12/22/2003 03:54 8882 SANITARY SE~CES PAGE 03 f. a '~ i ~ ' ~~~~ ~ ~. ~: ~` ,F. ~ . ~ '~ . ~ *;. ~~~, ~~ ~~ ' , !~~~ ~ , ~.. . ~ .~ ~ :.~ ~ i ~~~ .~ . i -~ ~ ~ ~ ~ ~~~~~~ u ,~~ ~~ ~ ~ ~~ a ' ~ ~ t ~ • N i p' p ~ 1~'7 t ~ ~ ~, ~~~ ~ ! W !~ W W I M M n~ O ~P ! 9 W' -'M M N ~ ~m ~~~ ~!~ ~~~~~~~~~ ~~~ ~~w ~ ~ ~ ~~ '~ ~ ~, ~R ~ w e a ,.. ~ ~ ~ ~ f ~ ~ ,~ r ~ $ ~ ~ ~ i ^ 1 ~ ~ ~~ eN~sli ~~ ~~~~ e•r r~ ~ ' alit ;te pP i,n ste ~ ~ "sw~ UlN ~ ' ,~ .~'B ,a l z~ ~d aNi a Ndn 866tcBeeea bL~5Z eeezlST/Lt Map(luest: Maps: punt rttyC ~ ui ~ .r. . ~ - °~"'~~ ~ J ~~~ tY>~~ _` '' ~~rLER'~ ~. ~ _ ~' 8 Send To_ Printer Back to_Ma_p MotfQage~~ateS ~t ~0 Year LQ1Al5 ~ . [2900-2995] E Lanark St ,~e(eGtYotir-C.~art~ht Rate ;&~S~I'~e ~~,i~00s Meridian ID ~ , ~~ d 996 83642 US `; f 5%%5:99°~i . ~" E9G ~ 6.99° Notes: ............................................................... ~' '~°t`o ~ ~;~9996 r ,. -:~t f '896 - $,9996 -, t,;; .............................................................................................. i; ~ ~ _ ~y ................................................................................................ r ~'• t z ~ __ _ E~Fbr~anae~Dr f I I ~ w . ~Juld+pial4~ t~;.+` '.a} ...- ~a_z E Pine Ava z , -~..~1 ~ ~ n,. -~; D z Z d °D ~ E Com'merclal5t E Commercial Ct ~- a lJ n'on Pac' is Union Pacific iC ----- '- --- i~._. 1a v `y E Franklin Rd E Franklin Rd o - E 5pringwaad_Dr ~~ __i_~ ~~~~' ~ ~ `" ~~ ~ _ E Autumn Way ,~ ~~ , ~ m ~ ~. m m -'` o M ,~Idlan _ ~.. _E Ma9~ View p r __ nne~ical - w txe~te`i~. ; f ~~ j ~ w Y ~ 1 ~ - ~ .~ ~- E C ad ills c Pf:------ti y f ®2093 AAapQuest.com. Inc.: ©2003 Navigation Teobnobges~~' '~ All rights rese_rved_Use Supj_e_ct tg_LicenseiCopyrig_ht I Map_Legend +r.~-w+'~';=CH Thls map is informatbnal only. No represer-tation Is made or warranty given as to Ks content. User assumes all risk of use. MapQuest and Its suppliers assume no responsibility for any loss or delay resuRing from such use Privacy Policy & Legal Notices ©2003 MapQuest.com, Inc. All rights reserved. http: //www. mapquest.com/maps/print.adp?mapdata=0E4WNszgW 9ywFxQGxKgBDRY... 12/19/2003 ~40;'~3~~5 . ,~ ._ _~`_,,..~tZ ,~ i ~ _; BUISE ~"~ WARRANTY DEED P10(~lEFR TITL1r t aO This indenture made this ~ rciak..~ August, -1-934, RECGr,~~ . ,.. .,._<LST OF between CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, and DAVID C. BUSH and NORMA T. BUSH, husband and wife, the "Grantors" and R-2 DEVELOPMENT, INC., an Idaho corporation, the "Grantee" whose mailing address is 4414 S. Gekeler Lane, Boise, Idaho 83705. WITNESSETH: For valuable consideration the Grantors do hereby grant and convey to the Grantee the following described real property situate in the County of Ada, State of Idaho, to wit: "DESCRIBED ON ATTACHED EXHIBIT A." TOGETHER WITH the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining (collectively the "Premises"); SUBJECT TO: 1. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the Premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in state deeds or in Acts authorizing the issuance thereof; (c) water rights, WARRANTY DEED - 1 ',J ,, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4. General taxes for the year 1994. 5. Liens and assessments of the Nampa Meridian Irrigation District and the rights and powers thereof as provided by law. 6. An easement containing certain terms, conditions and provisions affecting a portion of said Premises and for the purposes stated therein. For: construction operation, maintenance and repair of drain ditch. In favor of: Nampa Meridian Irrigation District (343-1884). Recorded: March 28, 1947. Filed in: Book 20 of Miscellaneous Records at page 192, Records of Ada County, Idaho. 7. An easement containing certain terms, conditions and provisions affecting a portion of said Premises and for the purposes stated therein. For: power line easement. Granted by: S.L. Hughell and Mary. In favor of: Idaho Power Company. Recorded: May 26, 1950. Instrument No.: 302098. 8. Right-of-way, interest and easement which may exist for the Snyder Lateral. 9. That certain Deed of Trust dated August ~,~, 1994 executed by R-2 Development, Inc., an Idaho corporation, as Grantor, to Pioneer Title Company of Ada County, as Trustee, for the benefit of Cecil E. Olson and Kjerstie A. Olson, husband and wife, and David C. Bush and Norma T. Bush, husband and wife, which was recorded in Ada County, Idaho on August ~, 1994 . TO HAVE AND TO HOLD the said Premises unto the Grantee and its successors and assigns forever. WARRANTY DEED - 2 • • The Grantors covenant with the Grantee, its successors and assigns, that Grantee shall enjoy the quiet and peaceful possession of said Premises; that the Grantors are lawfully seized of said Premises in fee simple; and the Grantors warrant that the title to said Premises is merchantable and is free from all liens and encumbrances, excepting those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee. IN WITNESS WHEREOF, this Warranty Deed has been duly executed by the Grantors as of the day and year herein first above written. ~.--~~ CECIL E. OLSON ERSTIE A. OLSON By - - ~/~~--~, David C. Bush Their Attorney in Fact _ _ ~~~ DAVID C. BUSH NO T. USH WARRANTY DEED - 3 ~~ ! ~ f • • f • STATE OF IDAHO ~ ss. County of Ada ) On this ~ day of August, 1994, before me, the undersigned, a notary pu lic in and for said state, personally appeared DAVID C. BUSH, known or identified to me to be the person whose name is subscribed to the foregoing instrument as the attorney in fact of CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, and acknowledged to me that he subscribed the names of CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, thereto as principal, and his own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. ,.,~.i.,r~,..,,,. - .. {, ~~"•a~'• . ~ fti ~• k Not Public or Idaho .. ~ ,, _ Res ing at ~' ,•-• '~: ~., . • .: - My commission expires : -/ 7- 9 ~• .,. -~ STATE-~OF~'IDAHO ) ss. County of Ada ) SnefO ~ thj.~/Q~ day of August, 1994, before me, ~j a Notary Public in and for said State, personally appeared DAVID C. BUSH and NORMA T. BUSH, 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 set my hand and affixed•my official seal the day and year in this certificate first::aboye written. J : -- ' ~- • ~° Not Public or daho ~~' ~ _ :'~ Re ing at os2~ Idaho • ~ My commission expires ~ -/7 , 199( PTARRANTY DEED - 4 EXHIBIT "A" THE NORTH 600 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS, 8, 9, 16 AND 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 32' WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 8, A DISTANCE OF 871.18 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 32' WEST 300.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 28' WEST 290.40 FEET TO A POINT; THENCE SOUTH 89 DEGREES 32' WEST 299.65 FEET TO A POINT; THENCE SOUTH 0 DEGREES 23'53' EAST 12.80 FEET TO A POINT; THENCE NORTH 72 DEGREES 37' WEST 25250 FEET TO A POINT; THENCE NORTH 89 DEGREES 14' WEST 110.30 FEET TO A POINT; THENCE NORTH 74 DEGREES 50' WEST 33.54 FEET TO A POINT; THENCE NORTH 30 DEGREES 02' WEST 35.29 FEET TO A POINT; THENCE NORTH 6 DEGREES 08'31 WEST 753.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-0F-WAY LINE OF THE OREGON SHORT LINE BRANCH OF THE UNION PACIFIC RAILROAD; THENCE SOUTH 89 DEGREES 02' EAST ALONG THE SAID RIGHT-0F-WAY LINE 1074.86 FEET TO A POINT; THENCE SOUTH 0 DEGREE 28' EAST 1120.14 FEET TO THE REAL POINT OF BEGINNING. CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax [''FRTiFi('A nF 7nNiNG C'nMPi.iANCF. (C7.C) APPi.iCATinN gee,.,;,,., t t_to_t 2..n;nv and l~evelnnment Ordinance) PROJECT NAME: APPLICANT: ~o ~+ ~ c o Jd~ ~,/ ~f~-v/~s~ ~ ~'~ ADDRESS: 30~~f E~~c-r- ~~9.N/12k .S-r2r~r Ll~fDJAf.I~ !1~ F~3G~~ PHONE: 8f~7--~99~- FAX: SE?- 7~Y E-MAIL: OWNER(S) OF RECORD: ~Z ~ '~~ ~p*'r~~" ADDRESS: 3C~£~rf E~S~- L~4ty~~..5•r-tz ~'!c-¢,IDif--~, PHONE: 7-- 79'9 ~ FAX: ~~~- 7 9~ieP' E-MAIL: ARCHITECT (IF DIFFERENT THAN APPLICANT): ~ (= NL~c. ADDRESS: Z~-~t°1~1 L.anr~rN~ ~f~ rDt)1~~c~bf (/J f3~G4~4 PHONE: ?~~/- 2~0 `~ FAX: ~~/ --¢~(? E-MAIL ADDRESS, GENERAL LOCATION OF SITE: L oT ~' ~c~c_~ 2 ~LScJn~ q~ N ~~~'~~ Z TOWNSHIP, RANGE, AND SECTION: S~c..r~2.r=~'' ~. T 3~.t 17 ~ ~ DESCRIPTION OF USE: ~ET"141(. ~4nf 0 ~-~l Nc~~S~ I- S~4LES ,~- 'ir~f~,~~ PRESENT ZONE CLASSIFICATION: ~ L. I, ~=Z~~'i~Y.~'T' , do hereby affirm that I will agree to pay airy additional sewer, water or trash fees or charges, if airy, associated with the use that Uwe have applied for, whether the use be residential, commercial or industrial in nature. Furthermore, I have read the information contained herein and certify that the information is true and correct. ~!~ (A 1' ant's Signature) (Date) ~ Rev. I 1 /03/03 rn ~~q Q1/02! 31~V3 'N _~ ,Sl'OS9i 3 ,B/,fSDO N ~ StZStl = Y ,00~1~ 00 N ~~ ma a za ~ ~ yiZldd -1`dlZilSfIONI ~I Q ~ HSfle ONt/ NOS°IO z `~' o voi O Q o! Q o_ Z Z a w ~- ~- J o_ I z 0 z IN W S 00'2813• E I I P6 ~ ~ ~~ Y I^ I r I WI 6 ~O 2 ~ K 0 N ~,~ ,09 ~ 8 I ~ ~ I ~I I o I ~I I asl.to s ~~ S ~ ~~~ l 69Z I A ~ ~ ~~~ ~ N ~I ~ o? ~ I t ~~ 600.11 ~ ~_ ~ _ ts,.ot ~ooaa 4 N. Ol.90N AVE. m_ a N ovx~tri ~oo2a~' Y' .' s 4 ~ ~ d- ~~ n o $~ rz~ 8 c~ ~~Z ~ r 2 ~ o ~ ~ m ~~~ I ~~~ k'~i`., I I ,sluz ALOO,St.tO S fl 8 I I r~ I~ 8 '~~ N n° g) 's. I I ,~oost.to s W I r o, l I ~b ~ I 'A ~ o W v, ~ I ~~ ~ ~ I ~ z r 1~ I N~ .L.is ssss~ssa yl ~I ~ 1 ~ ,u cac ~w,cv.~v S 1 I ~~~ O :s W I ~ ~` I `_ I I ~ I ~ OJ ~ ~ R o ~ i ~ °° I~W ' I I ~ ~•+1 -____= I I aim 8 r . - -'I ~ - 267J4~~~r~• W ~ . ~ ~ . ~ r ~ . ~ v.~ ~~ rtoost.to s ~~ ~ ~ 0 s i~ b. Z ~I I w b ml o_ i ~ ~~ ~ ' ~c~ ~ ~ I W r ~ ~ ~ r- j b N w ~2 ~ J lid ~ (fl ^' ~ V} J W KK I Y ~ I ~~ --- ~ T N ~ ~ ~~ ~ ~ !!s ~~ ~ ~~~f ~ ig~ a E~ A~ ~ E !~E ~ ~ ~ ~~.~ E~~4 ~~ ~ ~ E R ~ ~~~ ~~f.~~~g~~ ~~~~~ : ~ ~e ~dE~s,~~ ~ R~~as$. , ~~ ~~ ~i ~~$D ~ ~ ~ ~ ~ [ ~ ~ ~Y~~ ~~! '~ ~~~~ ~' ~~6 ~~ ~~ ~ ~~ ~ ~ ~ ~ ~ ~~~~ ~~ ~~ ~~~~ ~~ ~~~ ~~ ~~ ~ ~~ ~ ~ ~ ~ ~~ ~s~~ 1 ~ ~ ~ 1 ~ ~ ~ ~ ~ 4 3 1 ~~~~ i~~~= ~~` ~i ~ ~i ~ ~~ ~ ~~ ~ ~i ~ ~ ~~ia~ ~~~~ 4~~a3i~~ ~w~~~~ ~~~~~~~~ t s e s ~ s i k c i. i ~~~ !~ 1 ~~a ~~ ~ E J e ~ fi a~ ~ ~ .~ a ! N ~ ~ - ~~~^ ~ ~; ~ ~ ~ ~~ ~ ~ ~ i ~ ~ ~!! ~ ~ T ~ ~ J ~ ~ ~ ~ ~ ~aa ~ f ~ ~ ~ ~b ~ t~ ~ r. ~J B ' ~ ~~ e ~ ~ °; ~ ` #~ ~~# ~ ~~ g @ c E~ @~g~~ ~= ~ ~~ a~ ~~ ~~ ; p ~~Z ~@ ~ ~~ ~~ G R3 F ~~ ~i9 p ~~ 3Y ~~ w w r r r ~ r r R -r ~ # '< E e ~ $~ `~ ~ ~ ~ ~~ b ~~~~: ~ s ~~ ~~~ . w w. r r r r L ~ 1. ~i t ~~ ~~ ~~ ~ ,4 ~~ t~ ~~~ 955 ~!' # 1~ 3~s X33, ,f I# ~,' ~ ~ a# ~,z ,~~, fit: ~}~ ~t, i ~ { 8#,.a ~~~~ , i ~ 111 ~ ~I~ !~ !.! eau '. ~! l~1~ ~ ~ti; 5 ! ~~~e ~ t ~ 1 # #dll ~ai t~ ~ tai ____ ~ #lftai~ ~ ~ ~ii~ ~~ {-,{ ~~ tIf I i ®_~ ° r n ^ ~ ! i ~~ r I ~j€ ~~~, ~~~~ $ ~~ h ~sI =--_=---- ~ a ~ ~i _____________ ~~» ~, ~~~~ l~~E Marlene, • I have attached the draft D.A., FFCL, and an e-mail from Brad Miller regarding the Olson & Bush Subdivision #2 property (near Eagle Road & Franklin). As you know a condition of the annexation and zoning of this property in 1996 was for the applicant to enter into a DA with the City.. This has still not been done. Could you please make the necessary updates/changes to the DA listed on the e-mail from the applicant (Please see my hand-written comments on this e -mail) so I can assist the applicant is development of this property? If you need anything else of me, please don't hesitate to ask. Thanks for your help, Craig Hood Associate City Planner City of Meridian Planning & Zoning Department 208.884.5533 Page 1 of 1 Craig Hood From: Bradley E. Miller [bmiller@vanauker.com] a Sent: Monday, January 05, 2004 9:52 AM \~f,~Q~ ~ v~ To: hoodc@meridiancity.org ~~ Subject: Olsen Bush No. 2 ~ C~~U; ~J~,(~ P J Craig... In regard to the development agreement I only have a few comments. ~~ ~~ . J ,~l ~,z ~~~ 1. The owner of the parcel is `R2 Development, Inc.". Please remove the dash between the R and the 2 and add °Inc.". 2. The date of the agreement will need to be revised. 3. Section 4. The LO references should be changed to IL. 4. Section 5. Paragraph 5.1 .A. LO should be changed to IL. 5. Section 14. Line 4 refers to a conditional use permit. There is no conditional use permit required for any of the permitted uses within the IL zoning designation. Of course any proposes use which is not a permitted use would be subject to a conditional use permit. Please delete this reference. 6. Section 16. Please revise the address of owner to "3084 East Lanark, Meridian, ID 83642". 7. Notary Blocks. The dates need to be changed. Once the agreement is revised, we will be ready to execute it. I will bring the information on the parcel configuration over to you shortly. I will just drop it off at the front desk. Unfortunately, John Deere is pushing us very hard on this deal and anything we can do to push this deal would be appreciated. They are hot to get into their new location. Having said that I want you to know that we make every effort to have a good, mutually respectful relationship with the City of Meridian. You can rely on the representations that I make to you. I will never lie to you and I will never hang you out to dry. Thanks for your help. Brad Ronald W. -Van Auker, Inc. 3084 East Lanark Meridian, ID 83642 208-887-7994 -Office 208-887-7998 -Fax 208-371-3751 -Mobile . ~ .r _.' p n ~ ea5 e a INS ~ G~` S e c ~ ,~,~~n -l, l o ~. .per . (~ --~'U~ ~ ~ ~b /~ `~~ ®~ ~'2 ~ 0 ~ i~.r~, ~ 0~ ~ SAS ~ ~ to ~->o.`;~ ; ~, -~ ~ ~ z~ ~- ~~ ~ c7 ~e ~ S..Q ~ v~~ ~- SL c~- ~ wt V 2cL (~ -~ rld. ~ p l~ ~ Co 1 ~ c ~ ~0 nS ~~ ~~ ~ ~ ~ ~ ~ ~ ~{ ~~ o U' ~- ~"~ ~ ~ L ~~ l ~ C 1 ~~ 1/5/2004 • PARTIES: 1 2 "~ t ~~ ~~~ ~- ~~ o ~ ~,~ . f `. ~.. ~ ~i.. -~a~~~ ,! , ., f, f~ `~ ~ ~,~~ DEVELOPMENT AGREEMENT City of Meridian R-2 Development, Developer/Owner ~:~,~`~ ;~ ~. ~~_ ~ THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and R-2 DEVELOPMENT, hereinafter called "DEVELOPER"/"OWNER", whose address is 3084 East Lanark, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Developer"/"Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code § § 11-15-12 and 11- 16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - I • Light Industrial District (I-L), Meridian City Code § 11-7- 2 N; and 1.5 WHEREAS, "Developer"/"Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed according to the Concept Plan and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 18th day of June, 1996, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer"/"Owner" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 -2 ~\ • 1.10 WHEREAS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the. "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Meridian City Code Titles 11 and 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to R-2 Development, whose address is 3084 East Lanark, Meridian, Idaho 83642, the party who owns and is DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH Il~TDUSTRIAL PARK N0.2 - 3 ~' • l developing said "Property" and shall include anv subsequent owner(s)/developer(s) of the "Property" 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code § 11-7-2 N which are herein specified as follows: Development of Limited Office. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: S.1 "Developer"/"Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.A The property should be zoned L-O, Limited Office District, and the Applicant shall use the subject property to develop limited office uses with any other uses permitted in the subject zone only as a conditional use. 5.1.1 That the Applicant shall be required to comply with all of the conditions pertaining to the variance, preliminary plat and Final plat; and DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 4 ~ i 5.1.2 That the Applicant shall be required to comply with all of the conditions stated within the Annexation and Zoning Findings of Fact and Conclusions of La~v for R-2 Development approved by the Meridian City Council on June 18, 1996, of which said Findings are attached hereto as Exhibit "B" and incorporated herein as if set forth in full hereat. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement ,and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 ,That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 5 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully t comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, which will include, at a minimum, notice of the noncompliance, and an opportunity to be heard by the City Council before modification or termination. 9.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 6 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer"/"Owner" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 7 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all infrastructure and other improvements which are imposed by the terms of this agreement, the annexation ordinance, and the conditional use permit are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City" 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3} days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: coo City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER/OWNER: R-2 Development 4414 S. Gekler Lane Boise, Idaho 83716 DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 8 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation'of the "Property", or portions thereof, except that any sale ;or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer"/"Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 9 r~ deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. .FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"/"Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer"/"Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 10 • •._ - ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER/OWNER: R-2 DEVELOPMENT, INC., AN IDAHO CORPORATION BY: Ronald W. Van Auker, President BY: Richard D. Heaton, Secretary RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK DEVELOPMENT AGREEMENT / R 2 DEVELOPMENT/OLSON AND BUSH IlVDUSTRIAL PARK N0.2 - 11 • BY RESOLUTION NO. Z:\Work\M\Meridian I53601~iVL Development Dev Agmt\DevelopAgr STATE OF IDAHO ) as COUNTY OF ADA ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Ronald W. Van Auker and Richard D. Heaton, known or identified to me to be the President and Secretary of R-2 Development, Inc., the persons who executed the instrument on behalf of said corporation, and acknowledged to me having executed the same. (SEAL) Notary Public for Idaho Commission expires: STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Come and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) __ Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 12 °~10`t7~1 AMENDED ORDINANCE NO. 731 ~' `~''v- "' J U ~ r i AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING Afi~ ~Q~ ~~~~~ REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANEE 1 EA_STF BODE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DAT WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by-the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A tract of land situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southeast Corner of said Section 8, thence along the southerly line of said Section 8 South 89°32'00" West a distance of 871.18 feet to a point, thence leaving said southerly line North 00°28'00" West a distance of 520.14 feet, to the Southwesterly Corner of Olson and Bush Industrial Park, said corner being the POINT OF BEGINNING. Thence North 89°02'00" West a distance of 1015.07 feet to a point; Thence North 06°08'31" West a distance of 806.01 feet to a point on the northerly right-•of-way of the Union Pacific .Railroad; Thence along said northerly right-of-way South 89°02'00" East a distance of 1094.80 feet to a point; Thence leaving said northerly right-of-way and along the westerly boundary of said Olson and Bush Industrial Park and the northerly extension thereof South 00°28'00" East a distance of 800.06 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned I-L Light Industrial; that the annexation and zoning is subject to the ANNESATION ORDINANCE - I-L R-2 DEVELOPMENT~OLSON AND BUSH INDUSTRIAL PARR NO. 2 Page 1 conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian .Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the project of the requirements of 11-9-605 C, G 1, H, R, L and M of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to . development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. That the Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. ANNEBATION ORDINANCE - I-L R-2 DEVELOPMENT\OLSON AND BUSH INDUSTRIAL PARK NO. 2 Page 2 Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 17th day of December, 1996. ATTEST: WILLIAM G. BERG, STATE OF IDAHO,) County of Ada, ) -- RUHERT D. CORRIE \'`,,~4t 4444 {~~~,1 ~~~r°~~ ~ ~ ~r ~ ~! ~~ ~ ea ~° ' ,f x/11 i.!:Ev l !i 1 e:~~4 ~!` I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Amended Ordinance No. 731, by the City Council and Mayor of the City of Meridian, on the 17th day of December, 1996, as the same appears in my office. DATED this 17th day of December, 1996. ``,,t`,tti~,,,rrur,~~}~~/'A ., ..~ ///J/J ~ Vl.~~•~! City Clerk, City ~f eridia - Ada County, Idaho `~ ~~:,~~ ~' ~~~lPl:. r.~ .4.;,44),41 ANNEJCATION ORDINANCE - I-L R-2 DEVELOPMENT~OL30N AND HUSH INDUSTRIAL PARR NO. 2 page 3 STATE OF IDAHO,) ss. County of Ada, ) On this 17th day of December, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged 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. SEAL ^~~~^~~~ s~~ree~eRr.•~ ~~ a -- .~;, ~,;_ n "~ ;:: ~~, ~Y. O ~ .. ,, ~ ; `, .T ~ .. ~ a `tea C + -A. ~_'?irsa;3'B8f1~~ ' ~~ ie *.. $ oa ~r~~0iiila'~~e ~y Public for Idaho ding at Meridian, Ida_h ommission Expires _ ANNEBATION ORDINANCE - I-L R-2 DEVELOPMENT~OLSON AND BUSH INDUST~IAL PARR NO. 2 Page 4 RZ DEVELOPMENT, INC. 3084 East Lanark Meridian, ID 83642 208-887-7994 208-887-7998 Fax bmiller c~vanauker.com To: Craig Hood From: Brad Miller Date: January 5, 2004 Re: Olsen Bush No. 2 Lot Information Enclosed is the information I received from the title company in regard to the Olsen Bush land. It appears at a minimum the lot has been in the current configuration since April 26, 1974. Please call with any questions. ' JAN-05-2004 07 39 • P.01i11 • ~. ~ w ,, ' w A Planocr Company P];ONE,~ TITLE COMPANY o~,~,m~. corner 81 S 1 W. Riflemen Ave. / Boisa, Idaho 83704 /(208) 377-2700 p',A~ COVI~II~ Sl ~'L~T DATA: _ January 5, 2004 'TIME: _„ _ TO. Brad Mi11er ,~ 1''FT(3N.~: 1~,~; 887-7998 l?A.OM: ~ Harold Huston (208-373-3679) FAX: 20B-373-3792 [] Glen J.orenaen (208-373-3681) ^ Chris Maraaveri (208-373-3d28) - ,Cl Lindsay Anderson (208~3~3~3687) Number of pages inchiding cover sheet: 11 ,-,_ AE: R2 ~Devel.opment ' MSaSAGE: I believe the follow~i~ deeds show that the M~ r[tia~ry bas been ~n the same con€~~uratiol°1 si,ac~Apri> -2 6 , .L7 ~ , --- Should you h$r-e any questions Concerning ibis transmission please contact: ^ I~rold ~Iuaton . ^ Glen Loreuaen ~1 Chris Marosrieri - 208-373-3679 20B-3733681 208-373-3628 (haroldl~pioneertitteco.com) (i;lenl(c~pioueertitleco.com) (chrism(c~pioneertitleca.cora) Lindsay Anderson 20R-373-3687 (lindssya(~}pioneertitleco.com) P.02i11 - ' JAN-05-2004 07 39 • 1 i ~ ~._ p i ~ I Y ~ It i °~ ..d i p r . iul'~ tla r 1 Y i G r i ; ~i,Yl ,rl Nr i e d' a J o i . 1. . • „ - ' rl li 0 7J' „Yn' I, 1 n Wx'r'~re, YI• I rl s I I ~' ~ r Suuwatl~eo { i a ~9 .e .'rl, it llr~ ilh Y~'r ~ ' I 1I ' .W.P ,.yd: Wi Wry 7~ ' ' '~ r ~~ i~ a I i ~ 1 eN ~',i~,~,n~, ~n 45'fi 1 rr dry ~ 1 A7.70 M ~ ~ _ Nm.1tlmW 97' tl Q t M~ 1 j ~ ~ ~ i sllDeaaa~7o ,~ ~ I I ~'~' ~ 1 I aoaa~ans ~ I m r 0 j E +oo I~ ~ ! II ' ' E sl lotl~aa ~ „ " ~ II , ~ 1 ~ ~ 611 DBaalB IO 6 C II y ° j II ~~ ~! allotl+~eoao 1,i ~11 ,I ~+ ' M i it ~ "~ ' I „~, k,P.or n ~" n ~ „ ,. . f ~'' " 11 i i tliioe~i ~ ~ ~; 4 W ~ .t d a I 1 f , h z ~ I M ~ I Q° , ~ ~ r 41100aa0oD sp - ~ jj 6 .1 ; 5 ' ' ~ .~ ,I ~, :I fD7~ib00L ~.~ .I. I I I ph 1• ® i ' CI' d i5 I I I ~ p. @ '. I i ~ ~ „ iru II i 1 ~' ' I I I u In ,~ i i II 1 ¢ ~ fi d. :r w01 y uio.u ~~,1~,4, w~~~~~~w~ 1.., I 1' a' ~~~~rrr~~ w j ~A ' Y .~ Adl I i I 1 1 ~ ; ~: .; + it ~,~ o ~ ~ aeo l9D i ROS I o pel leetlODeo II p i,~ ~ ~ 1 EI ~ ~ Fy ~ ' ~ 1 j ~ II 1 ~ ~' ~ '~ ~ ~1'li ! ~ y ~ ~ p I ~ Wtl50011Q N I ~ I ~ +~ ;~I II r N , ,~ , ; ROiloao I l 1 ~ ~ ~ l ° ~ I r ~ i + N }~ ~ I ~ ~~~ t ~% .i sW ~ M : ~D ~ I' „ ~ !r~ R6DPUSB01D0 r i i II I ~ F~ R061o~yD~x I E« ~ ~ ~ I I I 1 f o ~ ~ ~ ' '~ ~ i '~ r' ~ ~1 ~ I' ~ ~ I e~ 1 a Wes~oeaoo>,D 1 NmmatlooyD I1 i 4 ~ j ; ~ r "~' ~ 1 ~ ~ ~ ~ ~ I ' ; I I ' ~~ I , I • ~ 1 R051wtlooeo ( Wa51000D02o I j Y a11uMMW3J0 ~ "~ tf7~o 1 ~ . I ~ I ~ ~ ' .r I II ~~ r up r ~ WS0105~0079 _ 1 j! I j 1 ' ~u" ~ _ -..,1 -. J i R6510900012 If I 517D1~19as9 , ~ , M N ~~ ~ ' 7uW r , ~ 1 ~ I , \ ~ ~~, . i ... d, 'au,wln ~ y P I Iwi, ,w,da i~ r' ;a II N~~Mi e~ - `JAN-05-2004 07 40 . 'r' ~~ p y~J',^• ,'~' ' :771 ,'~': i~ 1 1 I'J , ,~', ~ °. ~ ~ Foe Ys ~. -.r ~~ ~.IIL ,'~ P.03/11 7 "n r ~~~ti:~,~li I _ r Bet~vid Tgb G. HYPER aetd , iA1NQi1; L"., HEPPSR, (, I ter, .ti ";.r:~~l~~!~ •-- ,: ~+r,~~p``S_ jP~r.~ ~„ +wy a. . ~•,•q'~7,C,W ..,: •, ,. ~,y .,'~i,- - ~rAp I •!. 1O. 1'r, ~lV~~;, ~11~~~OQ~'1•~+l. ~Y'Q!f ~b~q ~'~Nl~',~''!~•.~ ~~I ~.i~", M.i tikY' 'JN~jy ;~ q ~ ~ dn~~ti~:;e':~~,09~9Z~':'pi:;'~300:,O~f Ee~ti•¢,tac~'~a;poiati'.-~;~a'; 1~,~ ° , . .--.``--~P „, ~a~!rn ~2g~~,~ ''~29/ 40 l6et''to"el' point ';'. ' .'':;,;~~c„'~ °''~ ~~,;,,~'°,s;~,:~, ~ ~ ,,." y;S:'r,e9°32'•~1i.,;',299.65.'leat ta•,a~•;po~rntt~'• ~ , ~,,,`":~~ ~ • ..'~~,~y-";:';°;~«+~, •tboifce:rS:'=+'0•23'S3". 8., 12.80 feet to :'a point; ,` ~~' 1'~ "~'~' '~i'; ~ r,~?~"~~;': ~tl~iie's~•N.'•~72.37~ i1. ;• 252.50 lest to a~poAt; •' ~ ,~~ ,',~~, ``;%: ; '' "'` ~ ' ' 'ebe;~Ce,1V. • 89~a.0 ~ ~ iP..';110.30 legit to . e paint; ~ '„~',,~ .y' .;;;~''~ ; ~. ' '~•`~;?,''~~es;'R.'`~7~°5~' ~P., , 33.54 feet to a pa3ner'• - ' ~ ; , • ;' ' ', -.,,a~~~~~~.;thcncs'.H.`~,30.02' ~.~, 35.29 feet tp •e poi:<tl ' ~ 'r;y';;.vr ;~a,"~.1i.;:,C1tbR1SCe 10., 6°08'31• W., 753.6a feat°~to ra point an the ~'':~:;~;• ~•,, . „; ~; ~;~•soathe~ly rie~htrof-why line of the Oregon Short Litre Brunch ' , ;;;~~~;o=, the valo>i Patoific Rai],xoiad; ti:~ce 6. 83°02' E.r nloaq ' . ,'"• ''~~~ ~'',•~~said right-ol-way line, 1074,86 feet to a points thence S. . • ~ 0`Z6' E., 1120.14 feet 'k0 the res.. goint of beginslinq. ' ', 'Bubjecti to easements pf record or ill Hera. ~ ~• ~` ~~~~ ;,. 70 HAUL AND TO FIpLD the said prrmisesz, with their agppttennatces u~lto the said Cranta8, ,"""~ ~. their beirll a'nd ausiglts forever. ?,1;d :he sltid Crautgr~ do hereby ourenRnt to atfd .~:.+> with the sAid Crante° $ that t he X a;e the owher s in fee elmpk of asld prcmieea; that ~wld '' premise:f rire free from 1eq irtculn'tu'ancee ',' :'''~ and that he-y~~ill w•arra~tt sand de[nnd the R~mc from nu IAw[u1 ctauns unauasoevea .. bated: -~ ~ ~.. yE•`~ / i ~'~ . , ~ ~ ~/ ~ .. _ --, .:~._._.___ .- --.. .-----~ '4°pn~:; OF [t/,1NOr COI;ti[Y nF .1.ai STATF: OF IUaNO. CUU~TY OF ADA Oh this ~L+'« daY ^~ ~•1~•a`1 19 ~,i . f h.-hyy e.~~str eh^t t~la !nx!rvrt~~nt „aa f!I.d fur ~~entA nt b+:~Or! Me. A elOtSry pU1rI1C in Fnrl f,•r ez:J y".'~:~. v'r~rinn~fls :hr• rr•qu-wt nt -. °pp.Ard ~ ~ s; C'O mrnvlr. t+lrst ~ n ~In:k ~ m., TED G. Fi~PP•F.R sad (SA':DA L.iiFPPrf2, 1~~• a d~ry..r !:'s; , huS~a,~1d'; and ari~et 1:- j(A ..A: my nikr,.nd du:y re•'~td-•1 ~n 11~Tk •..._. ,,: rr,•,.1.:.t pee. r.,.• .. ~ n n.m°S r1rr; i knoµr i•rn~~ re.bd lh~.Os~r+n S whu 9 ~ ., -•ilntr,beal t$ the K•ri[1i11'lnretUnpl:, wnd m''<n..u :-dr.'r~ ~" ~ ' C ~~ 'JAN-05-2004 07 40 _r D~ 4~t: r s~ ppR.'1>srP~ ss0 ssA eeseq tgds J~o e. s 'lss'~ ~ ~~. addlesse~ ~, ~„ ,- :i~"thy ~~ irot~"'S titdsdeas, tsmll:. ~~''.'",. ~' Tined proPest]-: 600 test ei the !ollarin9 ds~ `~of lead is the 8 x/a of the S8 1/4 of 6ecCildnho. .yyeMp~p 3 Dlorth. xangs 1 East, 8.14.. Ada County. mox~ pssticulerly descri'beQ ae !oi].ows Ce:meanoing st the section ecraer oolmuo~p to Sections 9. 9, 16 T. 3N. ~ g, lg• , 8.pi. , Ada Couslty. Idaho; thence lO1d 1:e ~ aloo4 'fie southerly lice o! said Seatiot 8. ~. 99 3~ W•. t o! beginnin8; 871.19 feet to the teal Pow theme ccntiaue 3. 89°~' 9i•. 300.00 feet to a point; thence le. 0'1~' W-~ 290.40 lest to a point; t~heaC~ g, 80•23'53•'E299i2580efee~to appoints tllepce 14. 72.37' 91•. 252.50 feet to a point; thence N. 99.18' W.. 110.30 feet to a point: thence W. 74°50' W., 33.54 feet to :- point; thence N. 30°02' N.. 35.29 feet to a point; theazce p, 6°08'31" ~•. 753.62 feet to a point on the southerly right-of-'way line of the bregon Short Line Braztich o! the Dnipln PsCific Railroad; thence S. 99°02' E., along said right-of-~Y liY-e. 1074.86 Leet to a poin=:~ thence 5. p•28' 8.` 1120.14 t~oft=ec sdrorlinouse.cf beginning. Subject O easa+~n ~etper with all tenant thereto orscannectec thereafth. rights o! way pPn :, ~ 'gyp HAVB AND TO AVLD tha said v~~ with their appuetenenees unm the aa~d Grantee $ their hd*a and atsip" t°1'e'ar' Aa~d the said Grantor s do LercbY ~+'~~~tt° ~d vWth ~ aaid Gr~~ , thatt he Y are tLe o~ 6 in fag aia-ple of said premiaea~ p~~oises ate f~ D'O'm all i~ssbranaea ._~a~L and defend the eama Tema all lawFal elaime whataGever- asd~thst the Yi/~ R~.tx, 1 4. ~ gT S. T834Ck1oUT. ~.. and GL~DR~ T ~,. ~~gb~ , husband ana wife. ~'""•"•"••+. tiyerat6' es"si~s11' s .LD se ^.me s aI .den a Wr.aioe~~+~6. •~. , eaeeYted Hu u"~e. . 1 ~ - ~SQOlaiy • r .,Djae.~ ~Eiois~, : ,tabD ~Gmei„P~~4i+'•. r giJ-1'6 OY inA1;0. OF ADA Oa tau r ~ dy o< April .3974 ~ e~ ew, ^ aodr! v°eue to ^ad tDZ wW staa, ~e.~aelir grArs OF lowso. av-IV'nr or nC No fled lDC ncO.d °L I lerebY FL^t stile s>+. gee ~ ~- ~ V miDY1A L ~o'eleik~ s j~y . lm a.9 °~~ dYiy reee>t>tl in / ) ~~ ~' ~ °! Deeds ~L P~ `,/ `~.idHN B/4ST~ ;~ $s.O~eJO Rxo' '.~D. _--- B7 pey"ty~ Feu i mYil e°: pn.ua .ee rw e.i. e. er..s•A cow.••., e•i.. C x P.04i11 ,;~ ,h..oy peel eea•n 'JAN-05-2004 07 41 '4i ;5 r~L~~7i1~S'/i5 „i 41. " , n /i r Jr, ` 1 ~~r loi.-waRBeNZY~~S6D~GpNC'Y0~{N lilll ~ ~ rsswwnrnwra..•..la...,x•w. ,I;T~ ' ; '; . y, ' . ' ' ~ 6Q03910 ' T~aas z~va,~, ba. ~. ~` '~ ~ tlw dear o~ •ar Lord aea tboaoaed phi• L~arsa.ud 6ev®aty-OighL, ; 6etw~1 •?Al188.8:,';~pRBAN aid 11ILD~ P. 8, hn•band a~ad wile, ;' ~Mlf'w•'a 1, ~.. ,~s(.r~xj~fY~`!r:'h ~.fr h,wl ,~ i ~~ .~.i °':,• ~ F ~; 4~YP 14'. l `, > P ~ ~{~y, W'}P' S~~ 5'^4,;541;•' ~.' q ~ ~ ,; ~•. ~ ~ . Yv ~'~c r,~, ~;.~w~le"`~ 'a»d AA1TID' ' CI~~~'' N/~ e i~idyetLisye{~``of~yr ~,tyyy;',ifeMYlwdieio'1~•e~mo~rll~d.la~ pewd-brpieii :;:, ,(~91'`Yl~~ e1', ~' ~Yrl; ~'tiJ.v 4~.C.~•~J yNr`tl~,y"`~.y. ,~ .Y .~;~ ~ ~' .~ ~ ~' "~H+ ' ed ~i ot,~ ~; 5/NyNq^,pf~ ~. Ma CQ•Mgi ~ ~ e11m {~ eNi pafltlf , .'~~ ' ' , ' • ~ , •,w :~ r `. ~ ItoaCta 600 !N! 'e! tbo fab114~L1a9- ' ;''n, , ,' A tti0! O! aaed sA LIM SogLA peli o! .'ebo toeLAeea flaaeeos o! eeatloA 0, ' p 3 tiotCb, ~9e 1 Eq:, 103p ' MOrlShcr011 • llda Co~mey, idllo, ^eso ps:tl,eolsrl~ do~sbfd q ~e13pIMo ' C~e^espel~ •! the isetioe ooaASr ' , , eefpp ti0 teCl10A/ t. 9. li Olld 17, -Talm^hip 3 tbrlA, ~ 1 Zaol. Oal~s• Itoridlan. ~ COOII . idabo: Lded rr `~~'''ti;ioali q•72' IMs! ~3aaq !M /afehorly " ' 3iAS OE iaia /oeef~pa ~, •71.10 2qe trp tA0 swsl poiAt of bo9leelAO• LAoad aop0~pe~at ~tb 0!•32• Moat 300.00 !NL t+e A pWatt l~Aa~ef 1iorCh 0'7t' MN! ~O.i !Ne to a pafASl ~e~ loutll 0!•32• INO! 2!l.i3 !oe! LA • pp0p~~1~t1 Lhoeeo ppelA 0.23'S3• Tit 12.00 t••L !w a peisll ehosae 72.37• Noee 25Z.SO t•ee eo • potet~ eJMaei. NoQ'y~ q•11 • oast 110.1• !Ns i0 • fIOYA! i ~~ ~'~ Ti• SO' U•• C 7I.9f tNt tY • paiati te~eeM harsh• 3!•0=• Most 36.=! tote La ^ voioe: tiaae+ ~ i•ot•31• IINe 7li.t= loot ee • post as tL'M !as-.lK::x r~~Ne:~ 13M of CAO1 0=~•ts lta= Twle• Ils•AOf o! eu. mot r.ce:r~r fell;peso LIMA!'! tOY4A f!•0:• fCaat •lenq oa-e riyae+o!-.~•~ 2ifN 1ait.fs ~•K L4 • p051ALL '.1l~ ~S~ C~~'~' Cite Y320.=4 RNL Le t!-. t~~Z po~tsrs el b•O~noJ„fOr TageLM~' reLCl~ a1ZB •riRi:. •ra:e: r:ar+:s. ftileiMa o•+d' d: ::14 : ilASS+o:~tey a~o~r- L,ly~i,p: ;Iw1!•:• •f eeririe~ae snorw:c.. ,~) ., 1', ;, ', ., ;. ',,;. ~~rx,.. P.05i11 'JAN-05-2004 07 41 ~ ~ P.06i11 .~ . Together with all and eingalar the tesle- ta011ta, heuredital-tent:a aqd appartaaaneea theregrl'EO bYlangipg or in anywise apper- taiaingr Sf~ ject t4 ali eaapeenta aria rightrs- of-aay o! secorQ or appearing awl the • land= <<, •: ,.r„ ;'~;~ ; ;.,..~• sybiKt, Mlgo~ to tares and aeaeaataents 'ht' "r'..':;'' "',fir ~~, ~`~".'~, !~'~~ leVie4 and aeaesaed =os !:tae ~~~',~ ~,r; ,?' •,~,,, ,;,~, , ~:,;, ° z•;•.:' ; ~~ year i9~s ',~ ';;;;. ,„ «~ ~y~,, : ,.' ,'}.'' . arse wow lien. but: not yet dew nor pt;~r~ ~ ;.~~,. • a, a' ~,i'r:;y'epp,~"~.'spepdsa,aod ewarato~ i~'iHadee wed t~a~illdae. a~ .l . a ~ ~: ..1~ ' ~•, ?~~ ~ '~ti~~. wed !ate 1. ae~i•to tip edd 1~'Rf. o a~ett . w~ ~.~"~:,~9~~,~$''.',AYas`lA1l "Ir'Sl •„Iti~~• ~~ySjN"':S'~~74 '. ., , : •,.~~~.~p•!I~-v8'It~'`SV,:S~`ru w1i ~ a1. r~ba~n mea~q~etltd ad dl~•e~bea pre®+.e~ • ~~,lr'/lm`~tlr ®te tai penes at the aren4d pet, ae>i to their brile wad ' •, ae~lrr~ ~ abil Wa add p~tl,es eL ~ ttrat D1at. wed theis >~ the.eid p~iw .;, . . le tii, ~ ord pa~hie poennlro aL !M old pet ies of the eo~d pil. their te>le# wed Mt1Olb •pi~t w old pet j,eAe! 1114 ~ prt and ..their Beira. wad ap(ora! ~ wed neat' paaoe sad paapa~ w>leeeoNe. iwialt~ fdaemles ar io aWap 16e aeon rhi.A wad DIY WJ18>fAN! wed ~ fhge t>t~d !Dole ~QA ~ N'!1'ltlt•$s 1Y»~OF. 71,e od0 W*tiee ~ tMAestpetlaw tlartaire~eet !heir filed s and Nats the dEo- wed 7~' Ant aMKe>ntrt.a ~oattsa ~t~ ~1t411 nt -~tls of ...~~- ^ ~ __. teeio .~.._.~._._ ..,. i~••n -- lend P. tar STA'1'B Olt IDAHO. Cq~ e( Adi oe 1Uir~--.`;~ ~,- e/ ~ ~' fi w nl-r ~! ~ e .1+.:d.re e,. ~ ~ j .f`~\ E ~~; she ntld~rslgned, a ~ielrry °ti4ae 101 i! s e ~ ~i111aat 9 titaer:~ ~ R~-R GiM t . ~wn ~ w~wd ,;~a1_ fa`~iEd fw . . . 1 atw a tk kea+to Yi ati M ti ~ p.e~ew ^ ~lys.r MEnw C a: C 1~ItMN'~ff~ d~ Ihr w{611~n IAr-,Iy1M116, •rot askaw.l+d~.d Es ar wt f: w... .were. Ih+ ~~ tx ~T-+n'~a ~ Irr.~rns a a... IMY.cLn6p .yc n, t• If,.nd .m! .AR71+~1 mY ~AIv4.. ,r~~, 'hM ~IMr altd 7++-l ~~ !l1r. Iwc'tl~-r1e A'K' aM.. Nf6E.e. . w.r~. !~r~ KLLL ~/~t.~ ~ y ./ ~ , t ..i~.e_ ~ I^ ~~~\ ~iY.~ ' a~.w. TH to the belaoem of ittte C~~ 11~18g of 192 date at WX ..~~~ 1: aaJd peep and eoW awe lita~d ~~ JAN-05-2004 07 42 ~_, ry..~.v y.ri ~. ~r..~ -~.~ , BOISE ~:~ WARRANTY DEED PIONEER TRL~ ' ~ , This indenture mado this _~_ rdiy~.o~t~AUgust, a.~4,~~ `r RE60..~.. ;.~_Sf of ",~+',;,- bsCMeen CSCYL 8. OLSON and lI+7lrRST2B A. OLSON, husband and wife, ~~, ' and. DAVID C. BUSH and NoAMA T. Bush, husband and wile, the 1 ~ , ,~KIItOli• and R~2 D8Y8IAF1fENT, I17C. , ar 2daho Corpvratlon, the r.; ~ Y • ~aptee" tllwaa sailing addrssa is 4414 S. 6ekpler Lane, Boise, , •"'' ,' "~' ,~ ' , Idaho A~90s. ~'~ ' • ,i,: • "• ~ +' 4~~~,~~"~"~;,~, ', Por valuable consideration the Grantors ; do hereby gran~~,,a ,~~ ~,,,,• •;~1utd°~o~m!h/ to the.Grantee the loilowinq described.real property;:~'~,`;s;y:;•~ .:',~' •r• sitlt~lte 'in the County a! Ada, state of Idaho, !.o wit: ~ ~';~~ ;~ t";'~ ' a ', 'w,~.,,~; 7~ ~~~;N~,~;"',i,~ rDBgCRIBP.p ON l1TTACH$17 EXHIBIT A." ~ ~r+'a ..1 ' ''~ ~'~ .`,Ira; ~',~;{;~~'~ ~'T068TH8R WIl'fi,the tenements, hereditamenra'and •'~ t(:•~J • •;~•~;,~appiirtenanrse thereunto belonging' or in anywise apparteining ' z . ~~'• • "'••~~M0.ii:6.(colliatiVely,~the °premXseS") i'i„, ~ ~~yj; ',1 ,; . ~;~}!S p. ,~ . )fir ~,vr'~~,' :,,~ .•a i. Encroachments averla I boundary line ~ °- ~~,., t~` ' disputes, and any ether matters which ' ~ would ba disclosed by an accurate survey ,';Y`.~ ~ ~ '~ ' or insgeetian oP the Premises including, '. • but not limited to, insuPffCient or '' ' ippair'~d aoosee ar matters contradictory ` to any survey plat shown by the gubaic ' ' records. 2. Easeaenta, or claims of easements, not ';9~~~; show by the public rscorfls. •+:'K .,r 3. (a; Vnpatanted mining olaics; (b) ~° reservations or exceptions fn patents or i.^, state deeds or fn Acts authorfrinq the issuance thereof; (c) Water rights, P.07i11 wARw~NTY DEFD ` JAN-05-2004 07 42 ~ P.O8i11 clasp os line to eater, vneltwr ax not the s~tloss oxc~rptaa under fa). (bf ~ (c~ sro slaw b71 !d+ public rraards- ~. aGNri1 ta:M for td~ yesr 1994. . . ' ~ s. L1~ and amsnwa~b O! tM Its~lps ;~~''.;. . : 1rsialst~ =rrt~yaeiat p~stsice and tn. ,, . ~ . . / rib pd yewts fbN'rst M pse~ided by ~, ~ , , . 'p, i' • ~ ~• ~ ~ i L --__++__ll__ -may . r • ' ~,~ Iv,'~;~~;, "' ~ oaditf~oas t~o~ prapiBieaB allBatinq a r tde m f , ,~ ° :: • ~ - ~ ' ~ o oortian of •.se peratnN a , ., , , . , ~, , , , ,; ,,. ~ ` ~ .teas th.~r.iw e •• ' , ~ 11 •~ s` ;.'~ . , 'i wr-' ' ~•~l` ~ M ~~ °Oi°'t ~a~ ie dit~e. Nielel'1~110e Bgii i4~r v~ ' a '~° ' , ~.~~ ' :~~'~ ~~ • ' Yn [r+rox ee: Ileepe IlsltAiae srriyattan ' ' ~ ~ ~ ~ ' • ° ~; ~:~; ,~, '' ', ~ ~ `' ` ' ~ tileO !n~ Ooox 20 et Niecelieeea4s . , ,. ~; ;' , 1aooL'd/ dt pBge 19s, 1~loot'dB Ot' 1~ ~ ~ ' ~s"~,' eatAly~ Y , ~ ' c .; , eenteinin~ r~9stain tosp. a tl ' ,~ ' . ny ce~itleN ena ps~anrisiane ettoc ; , ~: ~. ~ pOitiOn Ot Nid PlCS~iNS end tOS lb~ . ' , ~ ON^ eteted theeeLl. ' ,. , ;~ ' ~ ~ ~ ~ °~"~= e~'L ~ d . ~ ~a luny' • 6 711ta , ' ' •, ~;~;':;;% ,~ ~;;, ,. iMo lows ~AY• Ide t xn favor of ' „ , ,. r : ;4~' • l ~ /~ YnBtrvlMnt 1te.: 90Z09d.: , '~ , • , ,,, 6. ltighC-ms-wmy, interees ind eam.Nnt ahiah sex exist !or the Bnydar Lsterdl. ~, :~ ~~~;~ 9. shat Cortmin Deed of Tavat dated August ;;~~: ~, 3491 exaeutad ~ a-Z Dwolap~aent. •;; ~~„ ~ Inc., sn Idaho corporation, ss Grantor, to Pioneer Tit1a Conpsny of Ada County, •. es Tsustaa, for the benefit of Cecil E. Olson snd Xierstie A. Olsen, husband and vile, snd David C. Bush and Nor:~a T. 6ueh, husband and vile, which was Ada County, Idaho on August r ~~1994n ' TO HAVE ANp TO HQLD the said Premises unto the Grantee and ite succesaara and assigns forever. WARRANTY DEED - Z ' 'JAN-05-2004 07 42 ~ P.09i11 • Tha orantora aovanaAt vith the Grantaa, its s~ocsaaors grid asalgna, that GranCaa absli a~rjoy the quiet end paacatui poaaeasion of said pramisasl that the 6raotors ere lavlally aaiaed of said PsasisaR in iaa siaplar and tb~a Grantors esrrsnt that tb. title to mid ~~~ 1a ptabia and Ss has lsoa all liars and anCgsblanCas, +~t~9 tAoN tO Vhieb Ibis apnvayanea ie ax~+nsaly asdo ~~ and thou peda, su!lasad or done by the drantaa. IlT X68 1i6~8CP, this tiarranty load bees b~aan duly ;' executed by the ~entera as o! the day and yaax 5araia lust ,~ above ~rrittan.. ~~ `L dT.SOtt , L/~'~- ' ~vsas~rna A. b ~; ~ , , . Tbei1C AttorAOy Sn Faot ' ',; ~~ ~J ~h DAVID C. BUSK ~"'~~ . ~y. NO~IA--~ BUSH WARRANTY DEEC1 'JAN-05-2004 07 42 ~ ~ P.10i11 STATB OP IDAl9' ) ) ss. County of Ada ) ~ day of Agguat, 1994. helots IDs, tre on this ~ is in and Lor said state, personally i tar y undersigned, a no or identified to Ne ~ ~ the ~a'wwn pIJSB C , . appeared DAVxO ins, rument as p~,~n whose Wane is 9ubseribad tv t~ G~rs9vin9 oISOA And p,TCRBTIS A• OL40N, ~'~; ; ,; Che attotesy in Tact Ot CBCIA 8. d aclatovledgad to *a tnat he subscribed the • ,+ ; , husband and wile, an n~nas of CgCIL 8. CY$ODT and if~7$RSTiB A. OLSON, lsusband and Nita. n~ as a!lorneY in tact. ,%~ ~;,~' thereto ae principal, and his ovn '~ P i have hsrsnnto set oY nand • IN WZTp1DlSn ii!l8RE0 • ear last shave written. , and Y ~ '~ ','~~ ~ and atiixad my olLiciai sea], the da ,.~..~i~ ., ;, • r='_~~M'•.-• dot 1 o r Ids ~~4 ~' • commission axp ras: ~~ ,~ ~~ •,~t ••~... ~ ST]-T8^OF• YpAlIO 1 ~~~ ~y ' ) as. • ; County o! Ada ) L ~ ; ~ s+~ 1994. helots me. ' ~ On th ~ day o! ]WgusC, , f ~ a Notary Public in and for aaid~, .` " ~- r, ;' ' E , , A state, personally appeared DAVID C: ~ 8alSR and pOpM1- T. persons identified to ~ to be the p bazs~nd and oils, 1tr-own or ubscribed to the within inetisvmen:, and ~ ;A„ ~r Cosa names are s aeknovle~J~ ~ me tAat they execated the ease. '•-,,, ~ hand and I have hereunto set ~- oF ,~. ~°~~ •,~;,,: , ILA wIR`Z1ESS a1H8g8 fliciai seal the day and )'ear in this certificate , aPlixed my o rirst~~abOVe written. i~ ~ ~ , ;, : ~~ •' - . r; • Not ublic r dano o Ydan •' , ~ ~ r • ~ - Re ing at o •' ~ Hy commission exp res , 199 WARRAN'Plf DEED - 4 "'JAN-05-2004 07 43 ~ ~ P.11/11 ;:n ;, ;, .~ :d '~M ~• TOTAL P.11 - ~ Page 1 of 3 Craig Hood From: Bradley E. Miller [bmiller@vanauker.com] Sent: Wednesday, January 07, 2004 10:39 AM To: 'Craig Hood' Cc: 'Anna Powell ; 'Gayle Jensen' Subject: RE: Olsen Bush No. 2 Craig... I understand the tracking issue. I also understand that there are plenty of people who do business with the city who would try to pull one over on you, so it is important that you protect the city. Fortunately, we would not intentionally try to pull anything over on the city. I would be willing to represent to you or send you a letter stating that we agree not to pull the building permit prior to the execution of the DA. Whatever makes you comfortable we will do. My-only heartburn is over waiting for the DA to be revised and executed before being able to submit for a building permit which will take 6 weeks to be issued. It is just a process issue which maybe should be reviewed. I appreciate your help and consideration. Brad -----Original Message----- From: Craig Hood [mailto:hoodc@meridiancity.org] Sent: Wednesday, January 07, 2004 9:06 AM To: 'Bradley E. Miller' Cc: 'Anna Powell'; 'Gayle Jensen' Subject: RE: Olsen Bush No. 2 Brad, I'll talk with Anna. The problem that I see is that a CZC is the P & Z Department's approval/release of building permits. We are "out of the loop° after that CZC leaves our office, and in this case we are leaving the resolution of a planning issue up to the Building Department. And they have enough things to try and track as it is. But, I will speak with Anna. Craig -----Original Message----- From: Bradley E. Miller [mailto:bmiller@vanauker.com] Sent: Wednesday, January 07, 2004 8:54 AM To: 'Craig Hood' Cc: 'Anna Powell'; Gayle Jensen Subject: RE: Olsen Bush No. 2 Craig... Thanks for the update. I am O.K. with everything except for waiting for the DA to be executed prior to the CZC being issued. If making the completion of the subdivision improvements a condition to occupancy, it would seem that you could also make issuance of the building permit contingent on execution of the DA. This would allow the process to move along and still give the City control. The building department is estimating 6 weeks for issuance of the building permit so it seems that both items could run simultaneously. 1 /8/2004 ~~ Page 2 of 3 I do also understand that this issue should have not waited to be resolved for this long which is my fault, but sometimes it is easy to forget certain detail about these projects which go on forever. I appreciate your help. Brad -----Original Message----- From: Craig Hood [mailto:hoodc@meridiancity.org] Sent: Wednesday, January 07, 2004 8:32 AM To: 'Bradley E. Miller' Cc: Anna Powell Subject: RE: Olsen Bush No. 2 Brad, The lot configuration looks good. I sent comments to revise the DA to White-Peterson Monday and asked them to make the changes you asked for in the previous a-mail. I also had a few other modifications for them. I will be working on the CZC for the John Deere building today. However, I can't issue it until I have a signed DA. I will call Marlene at White-Peterson today or tomorrow to see when she expects to have the revisions for the DA complete.-When the agreement is done, you can come in and sign the DA and I'll trade you for the CZC. FYI -Prior to occupancy of the John Deere building the Olson-Bush Subdivision #2 improvements will need to be complete as well. This will be a condition of the CZC. I will update you on the DA just as soon as I know anything. Let me know if you need anything else. Craig Hood Associate City Planner City of Meridian Planning & Zoning Department 208.884.5533 -----Original Message----- From: Bradley E. Miller [mailto:bmiller@vanauker.com] Sent: Wednesday, January 07, 2004 8:14 AM To: Craig Hood Cc: Gayle Jensen Subject: Olsen Bush No. 2 Craig... Did the information on the lot configuration look O.K. to you? What is the status of the revisions to the Development Agreement? Can the Zoning Certificate be issued stating that the issuance of the building permit is subject to execution of the Development Agreement? We will be ready to submit for the building permit on Monday. Thanks for yourhelp. Brad 1 /8/2004