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Kissler Cobbs Eagy Ruwe AZ
MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless d CITY OF��� endian� , II 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 T'PM PLANNING & ZONING , 903 (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: 2003 Transmittal Date: July 21, 2003 Hearing Date: September 4, 2003 File No.: AZ 03-018 Request: Annexation and Zoning of 43.86 +/-acres from RT to C -G zones for Kissler / Cobbs /Eagy/Ruwe By: BRS Architects Location of Property or Project: southwest comer & southeast corner of North Eagle Rd & East Ustick Rd David Zaremba, PIZ (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z Mo 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)PPonly) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District , Idaho Power Co. (FP)PP oMy) U.S. West (FPiPPonly) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FPIPP only) 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 BRS 03022.04 • • CITY OF MERIDIAN 1 Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 - 0 (208) 884-5533 Phone / (208) 888-6854 Fax ANNEXATION AND ZONING OR REZONE APPLICATION (RE: Meridian Zoning Ordinance - Section 11-15 and 11-16) PROPOSED NAME OF PROJECT/SUBDIVISION: Kissler/Cobbs/Eagy/Ruwe ADDRESS, GENERAL LOCATION OF SITE: SWC/SEC Ustick Road & Eagle Road TYPE (RESIDENTIAL, INDUSTRCIAL, COMMERCIAL): Commercial ACRES OF LAND IN PROPOSED ANNEXATION/REZONE: 4 3. 8 6 ± PRESENT LAND USE: County Rural Transitional - Vacant PROPOSED LAND USE: Meridian City Mixed -Use Reqional PRESENT ZONING DISTRICT: RT PROPOSED ZONING DISTRICT: CG APPLICANT: BRS Architects ADDRESS: 1010 S. Allante Place, Suite 100 PHONE: 336-8370 FAX: 336-8380 E -SII„ bill@brsarchitects.com ENGINEER, SURVEYOR, PLANNER: BRS Architects ADDRESS: 1010 S. Allante Place, Suite 100 PHONE: 336-8370 FAX: 336-8380 E-MAIL: bill@brsarchitects.com OWNER(S)OFRECORD*: KisslerJCobbs/Eagy/Ruwe ADDRESS: PHONE: see attached documents NOTE: If there is a sale pending on this property, please list buyer name, I have read the information contained herein and certify the & closing date: *Annexation may require entering into a development agreemen as a condition exation. Current owner(s) must 1 Rev. 7124/0:7 I; ;' - 9j 1 0 ARCHITECTS BRS Architects, A.L.A. 1010 S. Allante Place, Suite 100 Boise, Idaho 83709 Telephone 208 336-8370 Fax 208 336-8380 www. brsarchitects. com City 4f Meridian Planning & Zoning 660 . Watertower, Suite 202 Mer' ian, ID 83642 June 12, 2003 Anna Powell, Planning Administrator Anna: Re: Kissler/Cobbs/Eagy/Ruwe Annexation BRS Project No. 03022.04 rPursuant to the required pre -application meeting and the completion of the adjacent Parkstone Subdivision annexation, the applicant, Kissler/Cobbs/Eagy/Ruwe, respectfully requests City of Meridian annexation with a CG zoning designation. The sites, contiguous to the recently annexed Parkstone Subdivision, are located on the southwest and southeast quadrants at the intersection of Ustick Road and Eagle Road. These sites are bounded on two sides by major signalized arterials with traffic capacities of better than 30,000 AWT. Further, both sites are designated mixed- use in the recently adopted Comprehensive Plan and are serviced by city sewer and water. We believe this application is consistent with the land use policy of the Meridian Comprehensive Plan, Chapter VII C-1. The sites are within the Meridian Urban Planning area, they meet the dimensional standards in the requested zone and we believe this request is consistent with the long-range city goals. It is the intent of this group to allow the marketplace to determine the highest and best use within the confines of ordinance and agree that a condition of annexation may include the requirement for Conditional Use. This property will be posted one (1) week before each public hearing. The postings will contain the name of the applicant, description of the subdivision, and time, date and place of the public haring. Postings shall be on the official notice forms provided by the City of Meridian. City of Meridian 0 Kissler/Cobbs/Eagy/Ruwe Annexation June 12, 2003 Page 2 of 2 We trust you and your staff will concur and a positive recommendation will result. Should you have any qup tions and/or clarifications regarding this application, please do not hejMe calling. BRS:cw Encl. Cc: Jim Kis r, Lyles, Greg Eagy, Janet Ruwe ARCHITECTS BRS Architects, A.LA. 1010 S. Allante Place, Suite 100 Boise, Idaho 83709 Telephone 208 336-8370 Fax 208 3368380 www.brsarchitects.com City af Meridian Planning & Zoning 660 1. Watertower, Suite 202 Median, ID 83642 June 18, 2003 Anna Powell, Planning Administrator Anna: Re: Kissler/Cobbs/Eagy/Ruwe Annexation BRS Project No. 03022.04 applicants agree to post the properties 10 days in advance of the prescribed tng date pursua BRS:cw Encl. Cc: Kissler, Cobbs, i 't"IDAM OF LMAL IN ERESj STATE OF IDAHO ) CoVNTY 01F "A j L la R. Cobbs (erne) 326 N. Orchard (address) Boise Idaho beingftrst duly sworn upon (city) (state) oatkdeposeandsay= am the record 1. Thot my p Ikon o owner of the propeRy described on rhe attached, and I grant BRS Architects 1010 S. AL1 ante P1, #100 (name) (address) to submit the accoMWying application pining to that property. 2. h agree to indemnify, defend and hold the City OfHeri�dian and it's employees ltat emer t mm any clahn or liability resulting from any dispute aS to the Statatnertts OoDWtk*d herein or as to the ownership of the Property e U which is the subject oftlteapplieadoa Dated this — day of SLTOSCUDED AND S WORN to before rue the day and year first above written •.•',per of N••W:;Lj'o, NotatY Publio for Idaho U O i AR y•� ;� Residing at tie C,7 ,9 a 3 ®•� a My Commission * ; S Expires: -0' ,��j � n•••nmua••dgd Q' .•' �''•T9 fE OF l�o''� P. 03/04 I' W K-G4'J-GI�b.3 1b � 51 WARRANTY DEED .• ACCOMMODATION Project No. NH -F-3271(037) �•• •�'.1 '.� Key No, 2793 i1 �1 ••� Parcel No. 17 Parcel ID No. 0017234 ,(JU10fl11 DI(lyf rr> -.r, r. '95 D[" 2n Pfi THIS INDENTURE, Made this'd day of1995 between JACK C. KENNEYICK and MARY ANNE KENNEVICK, huu n e,�_kN6 LYLE R. COBBS AND DONNA L. COBBS, husband and wife, AND RICHARD L. JORDAN and KATHLEEN A. JORDAN, husband and Wife, Grantors, and the STATE OF IDAHO, IDAHO TRANSPORTATION DEPARTMENT, by and through the IDAHO TRANSPORTATION BOARD, 3311 West State Street, Boise, Idaho 83703, Grantee. WITNESSETH: That the Grantors, for value received, do by these Presents, grant, bargain, sellandconvey unto the Grantee, the following described real property together with all rights of access between the right of way of State Highway No. 55, (Eagle Road), Project No. NH -F- 3271(037), Highway Survey andtheremaining contiguous real property belonging to the Grantors except for: for two points of access to be located on the Left (West) side between Stations 164+43.45 and 166+25 of, said Highway Survey situated in the County of Ada, StatC of Idaho, described as follows, to -wit: A parcel of land being on the Westerly side of the centerline of State Highway No. 55, (Eagle Road), Project No. NH -F-3271(037), Highway Survey, as shown on the plans thereof now on file in the office of the Idaho Transportation Department, ..,nd being a portion of Government Lot 1 of section 5, Township 3 North, Range 1 East, Boise Meridian, described as follows, to -wit: Beginning at the Northeast corner of Section 5, Township 3 North, Range 1 East, Boise Meridian, that bears North 8e"09'08^ West - 27.57 feet from Station 168+37.16 of said State Highway No. 55, (Eagle Road), Project No. NH -F-3271(037), Highway Survey] THENCE South •0636,13" West, along the East line of said Section 5, a distance of 400.0 feet to the Southeast corner of the parcel Page 1 RECORD AT THE R?QUEST OF THE STATE OF IDAHO FEE EXEMPT - X-C. 67-2301 P.02 MRR-20-2003 10:51 P.03 WARRANTY DEED 1'�`'f'UUIGyy Project No. NH -F-3271(037) Rey No. 2793 Parcel No. 17 Parcel ID No. 0037214 Of land as conveyed by that certain warranty Deed, dated March 23, 1987, recorded ,April 2 1987 records Be Instrument No. 6719320, of Ada county, , Idaho, and bears North 88.09.08• 18.68 feet from Station 164+37.26 of west thence North 63°27.47• Nest (shown of record to be South 83.54'00" East), along the Southerly line of said parcel of land 51.29 feet to a point in a line parallel with and 70.0 feet westerly from the centerline and bears North 88^o9•o8" Nest, from Station 164+41.45 of said Highway Survey; 00 to point onithe'Northlieof said tion 521 east. slSesaid c151 line, 394.54 fest thence SouthEGINN G the PLACE OF BEGINNING East along said North line 42.45 feet to Highway Station Reference; 164+41.45 to 168+37,16 The area above described contains-� acres, road. d. 39(vb aacres of which is acknowledapproximately0 4ged to be a portion of a public road. The bearings as shown in the above land description, unless otherwise noted are from the Idaho Plane coordinate System, based on the transverse mereator projection for the west Zone of Idaho. Any Right of way fencing to be constructed 18 not necessarily intended to designate the property line and any variance between the location of Right of way Fencing and the actual property line as herein described shall not be construed as a modification or alteration of this description. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's assigns forever. And the said Grantors do hereby covenant to and vfth the said Grantee, that Grantors are the owners in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT .those to which this conveyance is expressly made Page 2 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2501 MHH-20-2003 10:51 wAR1.ANTV DEED Project No. NH -F-3271(037) Key No. 2793 - Parcel No. 17 Parcel ID No. 0037214 0 P.04 1��ELG'IiOU subject and those made, suffered or done by the Grantee; and subject to reservations, restrictions, dedications, easements, right of way and agreements, (if any) of record, and general taxes and aseesmmsnts, (includes irrigation and utility asseeements, if any) for the current year, which are not yet due and payable, and that the Grantors will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOP, we have hereunto set our hands and Beale this��J r'� day OfC. Eau WICK L x A2j KEKNEV1Cx C CO S' D�7NA L. COBBS l]/RC�IICCf)1HARp L, i Page 3 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 I'IHK-Gb-G10103 110= 5G P. 05 1936001101 WARRANTY otel) Ke fff.- 79o. NH -F-7271(077) Y 279) Parcel No. 17 Parcel IO No. 0037214 State of County of �~) sa. On this undersigned, a Notaryopu ° nand L )ACA G. KENNEYIC$ and NARY 19�, before me be the Persons whose ANNE �':!B)EVICX, d State, personallythe acknowledged to me thaames are subscribed husband and Wife knowntoto they executed the same foregoing instrument, and IN WITNESS WHEREOF, I have hereunto set ■ al the day and year in this certificate y hang and affixed m ztificate first aboveY official (SW) Written. Notary Public for — Residing at Ny commission expires Ay 'State of e County of ) 1 ss. undersi this, day of _ LYLE p-9ned, a Notary p1b can an�aee9 he COBBS AND DONNA L. COMBS, for said se �' before me, t Persons whose napes are su husband Personally IN kw°Wledged to me that they executed to the the forgoing instrument, weto ITNESS rumens, and seal the dayiEOF, I have hereunto at and year in this MY hand and affixed my official i is certificate first above Wratten (SEAL) Notary Public .for�— Residing at_ 2 my OG�1lnission// —~ Page 4 expireg�_G� RECORD AT THE ;?EQDEST EXFY.PT OF THE STATE OF IDAHO FEE _ I.C.67_2101 MHC-,eb-cbbS 10:52 P.06 WARRANTY DEED I'J J!, G C, 1. 1()'_ Project No. NH -F-32711037) Rey No. 2797 Parcel No. 17 parcel ID No. 0737214 State of MLIdi County On thisou-1—day of 19C , before me, the undersigned, a Notary Pu 1e 1n and for said State, personally appeared RICHARD �. JORDAN and KATHLEEN A. JORDAN, husband and wife, knuwn to me to be the persons whose names are subscribed to the foregoing 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 above written. / "(SEAL) Notary Public Por �• Residing at G1.741i My commission expire JAVE 40 Al 1111: bf irl'I;; r' i! ;Irl. .e11 I 'A:I RPR -11-2903 08:96 •BRS ARCHITECTS . AFFIDAVIT OF LEGAL INTEREST - STATE OF IDAHO ) COUNTY OF ADA ) I, James Kissler LLC 1125 W. Amity (Mme) (address) Boise Idaho being fust duly sworn upon oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I giant my Permission to: BRS Architects 1010 S. Allante Pl. $100 (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 barmless 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 o6 SUBSCRIBED AND SWORN to before me the day and year f my NotarY Public for Idaho Residing at C My Commission Expires - -V!6 36 67 P.02/02 TOTAL P.02 -...I' WARRANTY DEED - Q FOR VALUE RECEIVED, FEARLESS FARRIS WHOLESALE, INC., an Idaho corporation ("Grantor"), does hereby grant, bargain, sell, and convey unto JAMES A. KISSLER �1 LLC, an Idaho limited liability company ("Grantee'-'), having a current address of c/o Norco, 1125 West Amity, Boise, Idaho 83705-5494, the following described premises: Q See Exhibit A attached hereto and incorporated herein by reference; together with all rents, remainders and reversions, and all appurtenances and hereditaments, issues and profits, improvements and fixtures, easements, mineral rights, water rights, and all other permits, licenses and rights thereunto appertaining; TO HAVE AND TO HOLD said premises with their appurtenances unto said Grantee, its successors and assigns forever. And said Grantor does hereby covenant to and with said Grantee that Grantor is the owner in fee simple absolute of said premises; that said premises are free from all encumbrances except current year taxes, levies, and assessments, restrictions, licenses, agreements and easements of record, and easements visible upon the premises; and that Grantor will warrant and defend the premises from all other claims and demands whatsoever. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed, delivered, and made effective as of June 6, 2001. DATE: �2-moo-a/ ADA COL'11TY RECORDER J. DAVID UAVARRO 1091 A -8 PM 4: 57 WARRANTY DEED - 1 FEARLESS FARRIS WHOLESALE, INC. an Idaho corporation RECORDED-REDUESTOF FEE12 DEPUTY 101056225 P10NEER 77TLE BOI_MT1:330477.1 Bys Its l� RECORDED-REDUESTOF FEE12 DEPUTY 101056225 P10NEER 77TLE BOI_MT1:330477.1 f� 11 ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. County of Ada ) On this 1p day ofifib , 2001, before mellaak r �l�,pkCQ personally appeared 1!K'a L -E_ / 1 t„z4 known or identified to me (or proved to me on the oath of ) to be the president, or vice-president, or secretary or assistant secretary, of FEARLESS FARRIS WHOLESALE, INC., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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. •`' W . LA ''•. �OTARr•��' 0TAR PUBI FOF L e L �• 5 Residing at J My Commissi6n Expires • UBLti . ? see OF • .. WARRANTY DEED - 2 BOI MT1:330477.1 SUN -0G-2003 09_44 �BRS ARCHITECTS • t AFFIDAVIT OF LEGAL rN'iuMST STATE OF IDAHO ) ) COUNTY OF ADA } 4 Greg Eagy 13275 W. Engelmann Drive Oki -;ovt5pe ��,�ate r / 8 7G being Just duly sworn upon oath, depose and say: (city) (State) 1. That I am the record owner of the property described on the atmch4 and I grant my permission to: Boise, Ill 83709 to submit the accompanying application pertaining to that property. 2. I agree m indamaify, defend and hold the City of Metidian and it's employers harmless from any claim or liability resulting from any dispute as to the statemem9 contained herain or as to the ownership of the property which is the subject of the application- Dated pplicationDated this day of - 20 0 �. SCIB9CRCBEO AND S WO me they and year first above ea pArre�� 0 'oTAgj. iAs /AI _ * "604M * ' tary Pub Ida piJ$LSG Rosidingalo;� ma4r� ....tp- My Commission Expires:.��5 o NOV- 61-2062 15:31 P-144718 LE I, v WARRANWDEED VM001736 "W1DUAL) FOR VALUE RECEIVED RItRi M MAL OIX DAVIS, JR.. an unmarried person And JULIF ANN DAVIS, an uragarried person Grantor. , do hmbr srma bwgpbh acD and husband and rite L. BAM and DMAHDBA J, EAVY, tb6Oranteea , whosemrantaddreaic: tee roDowia6 douribed reel property to Ada County, Siateorldsho, momparpcaary described as follows, taw k: Sea attached Exhibit W which by this reference becomes a part hereto. Including a pro rata share of the flow of provided by a heed gate and/or lateral _di water to be delivered and Glc r TO HAVE AND To HOLD the said prom4c4 with tha'v appdtl mucus auto the sold Orutea s and Gmatto a heir andaWpasrarat:r.Andthonk0ranturado hacabywve1aa1baadwiththe3aidGraa8P ,UGrau m are Iha owner s in rco simple of said promieck that sold pt amL%u are free from a8 cocumhranax, EXCEWT thorn to which this tamnyum h a rlgo ty made sfto and th000 mala, su¢erad or dome by the Oraatea a and Subject to rescrMiod4 restrictions, dedteatloms, oa aragnu, naris of way ad a8tetmeats (if any) of record, sed Battu tames and uwss--^r n.audea 6riostionand at7'dv aateasmeaU.S1191 fer the amot year, wldebarenotyetdue Sad payable, and flat Oronturs mitt warrant sad dereed the came from all lawful dales whaboetor. :1fobru*N5' 199 g Malcolm t � vis, JL. J lie Ann DAVie w: C; A; TrATEoF CAL!fi n3 ,countrorALAb_,u. On LEA, .y day of.. ., m the you' oE1XTY1_. before ma 1� .I ,ane per- e..' e6e,, aaaagya arlvowledyadlo mafhai�aiaanmd mee.me. r 11KAMiY�0W�Mf�1Ne `Nobaypa " $�LeliYeaMt.Rolidin6Y• ' . ;i; r••• pre.:. ,,;, lowCommie>iotiF]pires " '�W /2002 15.31 er+P14718 M,IA' %9RL AR'jRACT OF SE 'C TQkyf1SHIP.31 a -P. 02/03 � �� •2•ti. 191i�.�r!�•�.71�7 .1' ,YEXHSITA NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF E I EAST, OF THE BOISE MERIDIAN, IN ADA COUNTY, IDAHO. M OF SAID SECTION, . RUNE OF STATE I FE Y OFA PK NAIL BURT Q 3 INCHES N C71ON AND THE THE CENTERLINE -- ura y;'n.;w uovrceeo,5q 'WEST ALOhIG TIE CENTERLINE OF AN IRRIGATION DITCH EASEMA' . GfAzDI^aTANCE OF 26.13 FEET.•TO A POINT AND THE REAL POINT OF BEGINNING, SAID POfJa17�B f aREFEAENCEP f,'AT•BARBET NOF TLj 7:pE( RErAS;54WEST.A DISTAN„c,15,OP 16.00 FEET, OF SAID DITCH EASEMENT, A DISTANCE OF 40,13 I Tbmr WESTA D14TANCE OF 210.00 FEET TO A•POINT, 4.W&Oo FEETITQ;A; POINT, 4 ANCE; OF'I 89.9L PEET•TO'A POINT, iFiEES 54';WEST ALONG THE CENTERLINE OF SAID DITCH EASEMENT, A ET TO A.POI►• r, (� BEES07• WEST ALONG THE CENTERLINE OF SAID DITCH EASEMENT, A ET;,TO A POINT, BEES 06' ALONG THE CENTERLINE OF. ME) DITCH EASEMENT, A DISTANCE OF ALONG THE CENTERLINE OF SAID DITCH EASEMENT, A SAID. POINT BEING MARKED BY A'1' BAR ON THE NORTH i FOUR INCHES. ASOVP.rHF [sons IAIn CENTERLINE OF SAID IRRIGATION RIGHT OF S* EAST ALCNG.THE CENTERLINE OF SAID CANAL RIGHT OF WAY A A POINT, s.o6- EASTALONG THE CENTERLINE OF SAID CANAL RIGHT OF WAY, A QA POINT, SAID POINT BEING.REFERENCED•9Y PK NAZI: SET EAST, A THE'. CENTERLINE OF STATE HIGHWAY NO. 69 AND ON THE EAST Al e :'WE,ST•RIGHT OF•WAY'LINE OF SAID HIGHWAY NO, 69, ADISTANCE OF ACE OF BEGINNING, ;EXCr;FT•THEREFROM.A'TRACT OF LAND LOCATED•N'THE NORTHEAST QUARTER, SECTIONS, TQwFJsH!P:3'Mp.RtH;'RANGE 1 EAST,. BOtSE;ME- IDIAN; ADA COUNTY, IDAHO, MORE PARTICULARLY QESCRIBED"AS' FOLLOWS; `:�9NTIIJI}ED Y% R.r ne uM A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave, / Boise, Idaho 83704 (208)377-2700 WARRANTY DEED For Value Received Howard K. Wilson, Personal Representative for Howard K. Wilson, Trustee, hereinafter referred to as Grantor, does hereby grain, bargain, sell, warrant and convey unto °(moi1 Gregory L. Eagy and Chandra Eagy, husband and wife hereinafter referred to as Grantee, whose current address is 3085 E. Ustick Rd., Meridian, ID 83642 the following described premises, to -wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon tine premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: December 5, 2002 Howard K. Wilson, Personal Representalive STATE OF Idaho. County of Ada, ss. �4)10_4_04w �Z � Howard K. Wilson, Trustee On this 5th day of December, in the year of 2002, before me die un gtsi ted, notary public personally appeared known nlified to me to be One person/persons whose name is/are subscribed to t ne ' . nstnt and neknowledged to me that he/she/they executed the same. �` Robyn Williams Notary Public of Idaho Residing at Boise, Idaho Commission expires: January 22, 2004 0 Colleen Marks, L.S. 7045 •6405 Ustick Road • Boise, Idaho 83704 Phone: (208) 378-7703.• Fax: (208) 378-7759 Email: marksls@velocitus.net ANNEXATION DESCRIPTION " PARCEL ..A„ A parcel of land lying in the NEI/4"NEI/4 of Section 5, T.3N., R.IE.; B.M., Ada County, Idaho, said parcel being more particularly described as follows: Comrnencing ata found Brass Cap marking the NE Comer of said Section 5, T.3N., ME., B.M., Ada County, Idaho, said Brass Cap bears N.89°39'20"E. 2656.46 feet from.a found 5/8"iron pin marking the N114 Corner of said Section 5, said Brass Cap also bears N.00°00'00"W. 2611.41 feet (formerly 2611.50 feet) from a found Brass Cap marlang the El/4 Comer of said Section 5; thence S.89939'20"W. 495:33 feet along the north boundary of the said NEI/4 NE1/4 of Section 5 and along.the centerline of Ustick Road to a point;: thence S.01°05'59"W. 25.00 feet to'a found 5/8" ironpiin, saidpin marking the REAL POINT OF BEGINNING: thence continuing S.01 °05'59"W. 319.26 feet (formerly 316.81 feet) to -a set 5/8" iron pin; thenceN.81°54'00"W. 278.88 feetto a set 5/8" ironpin; thence N.66°12'00"W. 601.04 feet (formerly 600.35 feet) to a set 5/8" iron'pin lying on the easterly boundary of Carol's Subdivision No. 2, as recorded in Book 39 of Plats at Pages 3248 and 3249; records of Ada County, Idaho; thence N.00'15'1 FW 32.36 feet along the said easterly boundary of Carol's Subdivision No. 2 to a found 5/8" iron pin lying on the southerly right of way of said Ustick Road; thence N.89039'20"E. 83231 feet (formerly 832.27 feet) along the said southerly right of way; of Ustick Road to the point of beginning, containing 3.88 acres, more or less." SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of`way of record or in use. Eagy Parcel A.doc -1 -. i LANDS Colleen Marks, L.S. 7045.6405 Ustick Road • Boise; Idaho 83704 ING,\j Phone: (208) 378-7703 Fax: (208) 378-7759 • Email: marksls@velocitus.net. ANNEXATION DESCRIPTION PARCEL «B„ A parcel of land lying in the NEI/4 NE1/4 of Section 5, T.3N., R. 1E., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a found Brass Cap marking the NE Corner of said Section 5, T.3N., RJE., B.M., Ada County, Idaho, said Brass Cap bears N.89039'20"E. 2656.46feet from a found 5/8" iron pin marking the N1/4 Corner of said Section 5, said Brass Cap also.bears N.00°00'00"W. 2611.41' feet (formerly 2611.50 feet) from .a found"Brass Cap marking the E1/4 Corner of said Section 5; thence S.00°00'00"E. 400.00 feet along the east boundary of the said NEI/4 NEl/4 of Section 5 to a point; thence N.84°06'00"W. 51.29 feet to a set 5/8" iron pin lying 'onthe westerly right of, way of Eagle Road, said pin also marking the REAL POINT OF BEGINNING' thence S.01*14'39"W. 276.81' feet along the said westerly right of way of Eagle Road to a set 5/8" iron pin; theneeN.83°54'01"W. 510.21 feet to a"set 5/8" iron pin; thence N:71 °28'' 10"W. 803.97 feet (formerly 792.83 feet) to a set 5/8" iron pin lying on the easterly boundary of Carol's Subdivision No. 2, as recorded in Book 39 of Plats at Pages' 3248 and 3249, records of Ada County, Idaho; thence N.00'15'1 1"W,. 296.41 feet along the said easterly boundary of Carol's. Subdivision No. 2 to a set 5/8" iron pin; thence 5.66°12'00"E. 601.04 feet (formerly 600.35 feet) to a set 5/8" iron pin; thence S. 81°54'00"E. 303:60 feet to-a set 5/8" iron pin; thence S,84°06'00"E. 428.70 feet to the point of beginning, containing 7.87 acres, more or less:. EXHIBIT A Parcel I A parcel of land located in the Northeast quarter of the Northeast quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Northeast corner of Section 5; Thence South 89 degrees 58'00" West 495.33 feet on the section line between Section 5 and 32 to a point; Thence South 1 degree 24'39" West 25.00 feet to an iron pin, being the Real Point of Beginning; Thence continuing South 1 degree 24'39" West 316.81 feel to an iron pin on the centerline of an irrigation ditch easement; Thence North 76 degrees 18'55" West 137.74 feet on the centerline of an irrigation ditch easement to an iron pin; Thence North 88 degrees 05'33" West 139.43 feel on the centerline of an irrigation ditch easement to an iron pin; Thence North 65 degrees 44'44" West 604.66 feet on the centerline of an irrigation ditch easement to an iron pin; " Thence North 0 degree 00'01" East 30.61 feet to an iron pin on the South right of way line of Ustick Road; Thence North 89 degrees 58'00" East 832.27 feet along the South right of way line of Ustick Road, to the Real Point of Beginning. 2702 1531 P.03iO3 PI"71Er COMMENCING AT THE NORTHEAST CORNER OF RAID SECTION 6, S�1I THENCE SOUTH ALONG THE EAST BOUNDARY OF SAID 9ECTION 6, A DISTANCE OF 966,14 FEET, THENCE NORTH 83 DEGREES 64' WEST A DISTANCEOF 25.73 FEET TO THE REAL POINT OF BEGINNING. THENCE NORTH 83 DEGREES 64' WEST A DISTANCE OF 110.87 FEET, � 9 . � 3 THENCE NORTH 64 DEGREES 11' WEST A DINTANCE OF 78.87 FEET, I Z� .l D THENCE SOUTH 89 DEGREES 64' WEST A DISTANCE OF 200.00 FEET, ,j D THENCE'NORTH 79 DEGREES 07' WEST A DISTANCE OF 319,00 FEET, 7 THENCE" SOUTH 77 DEGREES 06' WESTA DISTANCE; OF 267,76 FEET, THENCE SOUTH 67 DEGREES 06' WEST A DISTANCE OF 306.29 FEET, THENCE NORTH 02 DEGREES o9' WEST A DISTANCE OF 55555 FEET, TH6NCE.SOUTH 71 DEGREES 28' 10" EAST A DISTANCE OF 792.83 FEET, THENCE SOUTH 63, DEGREES 54' O0" EAST A DISTANCE OF 642.43. FEET, THENCE • SOUTHA DISTANCE OF 277.67 FEET TO THE REAL POINT OFBEGINNING.' EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF IDAHO BY INSMUMEIti21179. AND EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY FOR EAGLE ROAD END OF LEGAL DESCRIPTION Y ACKNOWLEDGMENT - todirldual STATE OCounty of ee4l/ ss. On this orl+r+ day of in the year of¢� , before me , notary public IA bscribzd k r N1 io tui a the person _ whow nano l� ti�lin irgt�,,nenf, ind acknowledged to me that C— execth same• d• 7"x v .s.� ? ,o �, Notary Public: I 'JS•''U'0•'"1�,``", Residing at; q PA T E� ���,�•` MY COmm{sslon EXPircs: TOTRL P.03 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA (name) (address) p being fust duly sworn upon 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: \�^ /� / /,may, & p ✓ . „ I 1, lG���� / l./''L (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 T day of AND SWORN t4 beS fe me the day and year fust above written. Suitt° ie -6 Notaru� Idaho R - Residing at A&qt c& C h 1 M,9— My Commission Expires:1� Read and approved:- ��. -- h ^ Title File No.: B92-13997 DEED FOR VALUE RECEIVED JOHN D. CAMPBELL and PENNY B. CAMPBELL, husband and wife GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto JANET RBWE, an unmarried person �e AAAa E TITLE & E DA CDWNTY, I D. FOR OAV,iD NAVARRO REWARDER BY 3� 12 91P 1® RPf 17; 46 GRANTEE(S), whose current address is: 2935 North Eagle Road, Meridian, Idaho 83642 the following described real property in Ada County, Stale of Idaho, more particularly described as follows, to wit: A tract of land located in the Northeast quarter Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of said Section 5; thence South along the East boundary of said Section 5, 955.14 feet; thence North 83'54' West 25.13 feet to the REAL POINT OF BEGINNING; thence North 83°54' West 118.87 feet; thence North 64°11' West 79.87 feet; thence South 89°54' West 200.00 feet; thence North 79°07' West 319.00 feete, thence �outh 77°06' West 267.75 feet; thence outh 87°06' West 306.29 feet; thence Orth 02°09' West 555.55 feet; thence South 71°29'20" East 792.83 feet; thence South 83°54'00" East 542.43 feet; thence South 277.57 feet to the REAL POINT OF BEGINNING. EXCEPT ditch and road rights-of-way. THIS DOCUMENT BEING RE-RECORDED TO CORRECT LEGAL DESCRIPTION TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, it any) for the current year, which are not yet due and payable, and that Grantors) will warrant and defend the same from all lawful claims whatsoever. Dated: August 12, 1992 .........:.............I.......... STATE OF ... gAbQ......... County of .... Alk............. ea. On this _4Z ........ day of ... AA9DS.T............................ In the yge qf,,,„,L,� frpre me, the Undersigned, a Notary known of Idahtlllgd to the toea llutperson ......awhose name :...]E.�).....n-UD-`crl-d tot a within Instrument, and ackeowledgetliyri Aon haV: 1'.. executed the same. I Slgne6..,LdeLar6A=S,!L0.t�/ Iveina>,..G.Q:;.�.l3 uR d c s gn............... Residing at: .... IfOisa...Z.daho............... My commission expires: ..03/23/93......... 954597 AOA COUNT DISE TT LE&E80ROA , I D. FOR J. DAVID NA RECORDER ARR© 0 '92 RUG 14 3� M 1147 Boise Title & Escrow, Inc. 08:41 FAQ 12080800 ANDERSON DAVID • f�j01 Dam INC. To:From: �Il w WAM�KgrJu"cl. Fafc CA -0c) $ 8 q� 8 motion For Annexation Purposes Annexation Property - West of Eagle Road A Parcel of land lying in the Northeast Quarter of the Northeast Quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Northeast comer of said Section 5, Township 3 North, Range 1 East of the Boise Meridian; thence South 00000'00" West along the East line of said Section 5 a distance of 955.14 feet; thence North 83054" 00" West - 25.13 feet; thence North 83054'00" West -118.87 feet; thence North 64011'0d" West - 79.87 feet,- thence eet;thence South 89054'00" West - 200.00 feet; thence North 79007'00" West - 319.00 feet; thence South 77006'00" West - 267.75 feet; thence South 87006'00" West, 335.19 feet more or less to a point on .the East line of CAROL'S SUBDIVISION, as recorded in Book 39 of Plats, at Page 3248, Records of Ada County, Idaho; thence North 00015'11" West, 888.93 feet more or less along the East line of said CAROL'S SUBDIVISION and the extension thereof to a point; thence North 00024'50" West 25.00 feet to a point on the North line of said Section 5, Township 3 North, Range 1 East of the Boise Meridian; thence North 89039'20" East, 1328.23 feet more or less.along said North fine of Section 5 to the Point of Beginning_ The above description was prepared from information contained in Deed Instrument No's 102146640, 9263235, 96013666, Records of Ada County, Idaho and the Plat of CAROL'S SUBDIVISION recorded in Book 39 of Plats, at Page 3248, Records of Ada County, Idaho, and is not the result of an actual survey made on the ground. The above described parcel contains 27.27 acres, more or less_ Land Surveying Services 401 Shoreline Drive, 16oise, Idaho 83702 1 208.363.0058 fa--( 208.3630800 -DAVID Assocuns, INC. Description For Annexation Purposes Annexation Property East of the Centerline of Eagle Road A Parcel of land lying in the Northwest Quarter of Section 4, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the a point in the intersection of Eagle Road and Ustick Road, said point marking the Northwest corner of said Section 4; thence along the centerline of said Ustick Road, South 89049'08" East a distance of 664.84 feet; thence South 00035'55" West a distance of 30.00; thence North 89049'08" West a distance of 10.00 feet; thence South 00035'55" West a distance of 25.00 feet; thence South 89049'08" East a distance of 10.00 feet; thence South 00035'55" West a distance of 1235.86 feet; thence South 89051'00" East a distance of 105.08 feet; thence South 00°36'13" West a distance of 93.77 feet; thence North 89051'00" West a distance of 770.02 feet to a point on the West line of said Section 4 in the centerline of said Eagle Road; thence along the said West line of Section 4, North 00036'13" East a distance of 1385 feet to the Point of Beginning. Said parcel contains 21.35 acres, more or less. This description was compiled from information No. 101056225 and Record of Survey No. 5287 survey made on the ground. II Meridian Works D., contained in Deed Instrument and is not the result of an actual Land Surveying Services 1401 Shoreline Drive, Boise, Idaho 83702 9 208.363.0058 fax 208.363.0800 06/16/03 14:12 FAX 12083630800 • ANDERSON DAVID • ly a IR I I I I I I I I I I I I I I I I I EAGLE ROAD m 06/08/2003 11:54 FAX 2088886854 DAVIS TOM E & DAVIS SUE C 2740 E USTICK RD MERIDIAN ID 83642-5534 2742 E USTICK RD MOORE WINSTON H PO BOX 8204 BOISE ID 83707-2204 3160 E USTICK RD NESMITH JOHN H 2820 E USTICK RD MERIDIAN ID 83642-0000 CAVEN INC 6864 FAIRVIEW AVE BOISE ID 83704-0000 3420 N EAGLE RD SMITCHGER LAWRENCE LIFE ESTATE CAVEN INC 6884 FAIRVIEW AVE BOISE ID 83704-0000 3580 E USTICK RD EAGY GREGORY L EAGY CHANDRA 13275 W ENGELMANN DR BOISE ID 83713-0000 E USTICK RD 3085 E USTICK Pb 3055 N EAGLE RD KENNEVICK JACK C KENNEVICK MARY ANNE I MESA VISTA DR BOISE ID 83705-5934 3085 E USTICK RD MERIDIAN P&Z LAW GERGE T 1599 N 5LIE WAY MERIDI N ID 83642-0000 DYERS CEA& DYER 5 ELLA L 1598 LE E WAY MERIDI N ID 83642-5710 BISSELL CLIFFORD E & PHYLLIS 5 TRUST BISSELL CLIFFORD E TRUSTEE 1566 N LESLIE WAY MERIDIAN ID 83642-5710 SEALYTEZ5LIE OYCE LYNN 228 E PA DR # 190 EAGLE 83616-0000 1567 N WAY' RUWE J NET 2935 N fAGLE RD MERIDIAN ID 83642-5721 GRANT TEVEN R & GRANT EBORA G 1534 L LIE WAY MERIDI N ID 83642-5710 ROGER CAROL D 1503 LqSLIE WAY MERIDIIAN iD 83642-5711 TOMCZ K RAYMOND E $ TOMCZ K KATHLEEN B 1502 N I ESLIE WAY MERIDI qN ID 83642-1394 RUWE NET 2935 N PAGLE RD MERID11AN ID 83642-5721 In, 06/08/2003 11:54 FAX 2088886854 • CHAMBERS SAMUEL W & CHAMBERS ADELINE M 1471 LESLIE WAY MERIDIAN ID 83642-5711 THURSTON DAVID N & THURSTON MAUREEN 5 1470 N LESLIE WAY MERIDIAN ID 83642-3710 MERIDIAN P&Z • BENTLEJ CONNEE M 3154 LE LIE DR MERIDIAN ID 83642-5714 KISSLEP JAMES A LLC 1125 W MITY RD BOISE Z 83705-5494 3205E L STICK RD GILBER CARL O' SARAY CO GILBER M PATRICIA 1500 ELDORADO ST STE 4 3475E LISTICK RD BOISE ID 83704-8565 MERIDIAN ID 83642-0000 N EAGLE RD MORISETTE GERRY R & MORISETTE HELEN J 1438 LESLIE WAY MERIDIAN ID 83642-5710 LAU JAMES A & LAU LINDA 1406 LESLIE WAY MERIDIAN ID 83642-5710 GAS COMPANY PO BOX 608 BOISE D 8370771608 3205E i STICK RD DEALY OREN L 3445E YSTrCK RD MERIDI N ID 83642-5651 E USTI K RD BRYSO HARRY L & WILLIAMS WALTER C 6 ROBERTA J BRY5O FRANCES C 3104 LESLIE DR 2600 N AGLE RD MERIDIAN ID 83642-5714 MERIDI AN ID 83642-7302 2700 N f AGLE RD MERIDIIAN ID 83642-0000 10003 . r NEIGHBORS; The applicants, Kisster/Cobbs/Eagy and Ruwe, are requesting Annexation into the City of Meridian (with a rezone designation of Regional Mixed Use) for the attached parcels and ask that any questions and/or clarifications be directed to BRS Architects (Attn: Billy.Ray Strite) 336-8370,FAX 336-8380, or e-mail bill @brsarchitects.com. 0 PROPERTY OWNERS WIHTIN 30Y KISSLER ANNEXATION DAVIS TOM E & DAVIS SUE C 2740 E USTICK RD MERIDIAN ID 83642-5534 MOORE WINSTON H PO BOX 8204 BOISE ID 83707-2204 3160 E USTICK RD NESMITH JOHN H 2820 E USTICK RD MERIDIAN ID 83642-0000 DAVIS TOM E & DAVIS SUE C 2740 E USTICK RD MERIDIAN ID 83642-5534 2742 E USTICK RD CAVEN INC 6884 FAIRVIEW AVE BOISE ID 83704-0000 3420 N EAGLE RD SMITCHGER LAWRENCE LIFE ESTATE CAVEN INC 6884 FAIRVIEW AVE BOISE ID 83704-0000 3580 E USTICK RD EAGY GREGORY L EAGY CHANDRA 13275 W ENGELMANN DR BOISE ID 83713-0000 E USTICK RD 3085 E USTICK RD 3055 N EAGLE RD • KENNEVICK JACK C KENNEVICK MARY ANNE 1 MESA VISTA DR BOISE ID 83705-5934 3085 E USTICK RD LAW GEORGE T 1599 N LESLIE WAY MERIDIAN ID 83642-0000 DYER BRUCE A & DYER STELLA L 1598 LESLIE WAY MERIDIAN ID 83642-5710 BISSELL CLIFFORD E & PHYLLIS 5 TRUST BISSELL CLIFFORD E TRUSTEE 1566 N LESLIE WAY MERIDIAN ID 83642-5710 SEALY CANDYCE LYNN 228 E PLAZA DR # 190 EAGLE ID 83616-0000 1567 N LESLIE WAY RUWE JANET 2935 N EAGLE RD MERIDIAN ID 83642-5721 GRANT STEVEN R & GRANT DEBORA G 1534 LESLIE WAY MERIDIAN ID 83642-5710 ROBERTS CAROL D 1503 LESLIE WAY MERIDIAN ID 83642-5711 TOMCZAK RAYMOND E & TOMCZAK KATHLEEN B 1502 N LESLIE WAY MERIDIAN ID 83642-1394 0 RUWE JANET 2935 N EAGLE RD MERIDIAN ID 83642-5721 CHAMBERS SAMUEL W $ CHAMBERS ADELINE M 1471 LESLIE WAY MERIDIAN ID 83642-5711 THURSTON DAVID N & THURSTON MAUREEN 5 1470 N LESLIE WAY MERIDIAN ID 83642-5710 SARAY CO 1500 ELDORADO ST STE 4 BOISE ID 83704-8565 N EAGLE RD MORISETTE GERRY R & MORISETTE HELEN J 1438 LESLIE WAY MERIDIAN ID 83642-5710 LAU JAMES A & LAU LINDA 1406 LESLIE WAY MERIDIAN ID 83642-5710 WILLIAMS WALTER C & ROBERTA J 3104 LESLIE DR MERIDIAN ID 83642-5714 BENTLEY CONNEE M 3154 LESLIE DR MERIDIAN ID 83642-5714 KISSLER JAMES A LLC 1125 W AMITY RD BOISE ID 83705-5494 3205 E USTICK RD GILBERT CARL 0 GILBERT M PATRICIA 3475 E USTICK RD MERIDIAN ID 83642-0000 INTERMOUNTAIN GAS COMPANY PO BOX 7608 BOISE ID 83707-1608 3205 E USTICK RD DEALY KAREN L 3445 E USTICK RD MERIDIAN ID 83642-5651 BRYSON HARRY L & BRYSON FRANCES C 2600 N EAGLE RD MERIDIAN ID 83642-7302 SLAGEL EDWARD 2700 N EAGLE RD MERIDIAN ID 83642-0000