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Overland Mini Storage AZ
TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 28 1999 TRANSMITTAL DATE: August 25, 1999 HEARING DATE: October 12, , 1999 FILE NUMBER: AZ -99-018 REQUEST: OVERLAND MINISTORAGE SUBDIVISION BY: OVERLAND STORAGE LLC LOCATION OF PROPERTY OR PROJECT: 1230 OVERLAND ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHUUL Uis i rcw i MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: 0 HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 288-2499 - Fax 288-2501 ROBERT D. CORRIE CITY OF MERIDIAN PUBLIC WORKS City Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 - Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 PLANNING AND ZONING (208) 888-4433 •Fax (208) 887-4813 RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Faz 887-1297 KEITH BIRD TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 28 1999 TRANSMITTAL DATE: August 25, 1999 HEARING DATE: October 12, , 1999 FILE NUMBER: AZ -99-018 REQUEST: OVERLAND MINISTORAGE SUBDIVISION BY: OVERLAND STORAGE LLC LOCATION OF PROPERTY OR PROJECT: 1230 OVERLAND ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHUUL Uis i rcw i MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: CITY OF MERIDIAN , [.,1_V (�,�� 33 East Idaho Street, Meridian, ID Phone: (208) 888-4433 U G 1 3 Fax: (208) 887-4813 C C Ity Cac r I office AND ZONING OR PROPOSED NAME OF SUBDIVISION: OVERLAND MINISTORAGE SUBDIVISION GENERAL LOCATION: 1230 OVERLAND ROAD MERIDIAN IDAHO TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): COMMERCIAL ;ACRES OF LAND IN PROPOSED ANNEXATION: 7.25 PRESENT LAND USE:SINGLE FAMILY RESIDENTIAL WITH ACREAGE PROPOSED LAND USE: CONIlVIERCIAL LOTS AND NIINISTORAGE FACII.ITY PRESENT ZONING DISTRICT:ADA COUNTY M-1 PROPOSED ZONING DISTRICT: MEDIAN C -G APPLICANT:OxTERLAND STORAGE L.L.0 PHONE:465-5043 ADDRESS: -1322 TORItEY LANE NAMPA IDAHO 83686 ENGINEER, SURVEYOR, OR PLANNER UN 3R, PINNACLE ENGINEERS INC. PHONE: 887-7760 FAX: 887-7781 ADDRESS: 870 N OWNER(S) OF RECORD: HOYT C. DOBSON PHONE:UNK ADDRESS: 600W. 76 AVE., APT 303 ANCHORAGE AK 99518 S tare of Appli t IL TO Shari Stiles - Planning and Zoning Administrator Z00 E: Carlton, Suite 201 Meridian,: Idaho 83642 DATE', 'July;l,1999 r . RE: Overland Mini-storage Subdivision Ms.-Stiles:,_ application for'Annexation/Zoning to _ On behalf of overland Storage L.L.C., we are submitting`this C-G a Subdivision PreluninarY Plat, and a Conditional Use for commercial use and. mini-storage units on 7.25: acres located west of Locust Grove Road on the north side of Overland Road (Lots S uni Y o osed subdivision consists of 4 & _6," Block 1, Timoth Subdivision), Meridian, Idaho. The .pr p commercial lots. - The property is currently zoned Ml by Ada County. The project is a resubdivision of Lots 5 & 6, 'Block 1,- Timothy Subdivision. The requested zone of C-G is ccompatible o mpaa bile with the policies mem currently ,occurring. within the area. The project and.. zoning is . P . _ goals of the MeridiadCity Comprehensive Plan and the surrounding area. - e facility on proposed lot 2 of We are requesting approval of a Conditional Use for the mini-storage t the. subdivision.. We have provided a copy of the typical unit within the packet for your review. As reflected is the plat, the storage units vary in size and include a caretaker's-unit for security:of the area. - - d water eridipment an) is currently to the property and will be extended into streefs�bs Sewer an (M Highway at the expense of the-developer. All other utilities will be provided . to the site sidewalks- required will be dedicated to the public and built to. Ada County Meridian gutters and and arking will be constru District ` and Meridian standards. The driveway, p = lots. - Cross access agreements will be provided as standards and will exist on the individual _ required., changeh will ot the general use or _ if 11 NNA%./LE WOMMUME000 This project is compatible with the surrounding area and as on the surrounding properties. The character of the property and will not have any adverse effect streets should be minimal as Overland Road is designated as a traffic impact on the surrounding the additional traffic. Major Arterial with capacity to carry _ 70 NORTH LIl� SZJiT.^'. B . MERIDIAN, IDAHO 88642 a (208) 887-7760 � FAX ='_Q) 887-77181 8 N VICINITY MAP -Af, E OVERLAND MINI -STORAGE IT ,. I �l r X T3nlep Subdiv stse� 'C] S3nlel8 ��t �p 7SMAN POINTE sPORrs S NO. 17lCIEO � �a,ourro sus r s --•fin 1 ' NTE sus r0- ,03 MM�TF� "°_°s j Lwo fTI L* --V P�NTE N - -�UMSNSUB i -- _ SUB NO 07 0.5 Mies PINNACLE ENGINEERS, INC. 642 870 N. CINDER RD, STE B, MERIDIAN, I® project# 0956116 PH 208-887-7760 FX 208-887-7781 Date: 6��99 ZONING MAP OVERLAND MINI -STORAGE 0 Zoning Subdiv Stseg S3nl e18 elm.gI of PINNACLE ENGINEERS, INC. 870 N. LINDER RD, STE 6, MERIDIAN, ID PSI 208-887-7760 FX 208-887-7781 1500 Feet 83642 56116 KlY stseg San e1 18 rAmERIAL IVP OVERLAND MINI -STORAGE PINNACLE ENGINEERS, INC. 3642 870 N. LI NDER RD, STE B, NIERI DIAN, I D 8 Prcject #0956116 PH 208-887-7760 FX 208-887-7781 tee. 6�4 59 1 ----- .S=m 9WO I I • j j S I I T T R .,Ica 1 Ca - Zrn N I I 53aa}}1111ff--��� •g e • • f$e®� i a •9I e*00a9®m■pg sda� a ■eO®e®S aaa��QO® o Z N4 1>< RR 71V VERLAND MINISTORAGE � 0 NNAC LE Saasiaears. Inc. A�Vr�1 �u� Wf s i •\ � w� I I • j j S I I T T R .,Ica 1 Ca - Zrn N I I 53aa}}1111ff--��� •g e • • f$e®� i a •9I e*00a9®m■pg sda� a ■eO®e®S aaa��QO® o Z N4 1>< RR 71V VERLAND MINISTORAGE � 0 NNAC LE Saasiaears. Inc. A�Vr�1 �u� Wf JUL- 1-99 THU 11 48 AM HYDE,W THERELL PAX N0. 208 34800 .� Ntj p FF1DAVIT OF LEGAL INTEREST I, Hoyt C. Dobson, 600 W. 7e Avenue, Apt. 303, Anchorage, AK 99518, being first duly sworn upon oath, deposed and say: I. That I am the record owner of the property described on the attached, and I grant my permission to Pinnacle Engineers, Inc., 870 N. Linder Road, Suite B, Meridian, Idaho 83642 to submit the accompanying applications for Annexation, Zoning to, jam, and a Preliminary Plat pertaining to that property. c-tA=, 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 30th day of June,1999. • e Wetherell, Attorney In Fact For toyt C. AV Dodson P. 5 SUBSCRIBED AND SWORN to before me the day and year first above written. 4N c r d Residin My Corumission Expires: JUL- 4-99 THU 1146 Ali HYDE, W THERELL FAX NO. 208 *00 s. j{1'.E"v 'INAVAf'.RC SPECIAL. POWER OF A'TTt)Rk"' S E 10 01 Z; 4wx V OF '98 FEB 10 PSI 1 HDY' DOGS®PI FEE _or _eOUE or a v KNOW ALL MEM BY THESE PRESENTS: That Hoyt Dobson, in his own . Personal Representative of the estate of Mary Alice Edgley Spates name and as the ep Dobson, deceased, of 1230 East Overland Road, Meridian, County of Ada, tatof Idaho, by this Special Power of Attorney hereby makes, constitutes and appoints Mike Wetherell of 1 log Main Street, Suite 500, Boise, County of Ada, State of Idaho, as his true and lawful attorney for and in his name, place and stead, and for his use and benefit to: (l) ask, demand, sue for, recover, collect, and receive all such sums of money, debts, dues, accounts, legacies, bequests, interest, dividends, annuities, and demands, of any kind, whatsoever, as are now or shall hereafter become due, owing, payable, or belonging to Hoyt Dobson, or the estate of Mary Alice Edgley Spates Dobson, and have, use and take all lawful ways and means in his name or otherwise for the recovery thereof, and to compromise the same and grant receipts and releases, or other sufficient discharges for the same, and for him and in his name; and (2) make, seal, and deliver, to contract, bargain and agree for, purchase, receive, and take lands, tenements, inheritances, and accept possession and the right to possession of, all lands, and all deeds and other documents granting an interest in lands, and to lease, bargain, sell, release, convey, mortgage, and pledge lands and tenements under such covenants as he shall think proper; and upon such terms and conditions, and (3) bargain and agree for, buy, sell, mortgage, pledge, and in any and every way and manner deal'in and with personal property, choses in action, and other progeny both tangible and intangible, in possession or in action; and (4) make, do and transact all and every kind of business of whatever kind and nature for Hoyt Dobson, both as an individual and in his capacity as the Personal in his Representative of the estate of Mary Alice Edgley Spates Dobson, deceased, and name and as his act and deed, to sign, executer deliver, and acknowledge such deeds, leases, assignments, covenants, agreements, mortgages, petitions, complaints, notes, receipts, evidences of debt, releases, and satisfaction of mortgages, Ju dgrr►ents and other debts, and such other instruments in writing of whatever kind and nature as may be necessary or proper in the premises. Hoyt Dobson does further give and grant to Mike Wetherell, said attorney full power and authority to do and perform every act necessary or helpful to exercise the power and authority granted in this Special Power of Attorney and to act in all ways on M.ML POWZR OF A'i3d3t NZY — Pale I P. 2 JUL 1-99 TU 11:47 AM HYDE, UMTHERELL PAX N0. 208 34800 his behalf and in his place and stead, as full to all intents and purposes as he might or could do if personally present (with full powerof substitution or revocation), hereby ratifying and confirming all that the said attorney shall lawfully do or cause to be done by virtue of this Special Power of Attorney. This Special power of Attorney is limited to the exercise of the above powers, to do all of the things above stated to the extent that they are necessary in all matters relating to the We of his property located near Meridian, in Ada County, Idaho, commonly known as 1230 E. Overland, Meridian, Idaho $3642, and a portion which is more particularly described as: Lot 4 of Block I of TIMOTHY SUBDIVISION; a portion of the S 1/z of the SE % of Section Is, Township 3 North Range 1 East B.M., Ada County, Idaho, according to the official plat thereof; filed in Book 31 of Plats at page 1923, and AMEMED BY AN AFFIDAVIT recorded January 28, 1977, as Instrument No. 7704105, Official Records and which also consists of Lots 5 and 5 of Block 1 of TIMOTHY SUBDIVISION, and in any and ail matters related to the administration of the estate of his wife, Mary Edgley Spates Dobson, deceased. This power of attorney shall not be affected by the subsequent disability or incapacity of the principal. This power of attorney shall be perpetual unless earlier revoked or terminated in writing pursuant to law. IN WITNESS WH1;RRfiOF, I have hereunto set my hand and seal this 26" day of 1998. Hoyt Dobson ss ,t "s 001"'day of •�,m 1995, before me, a Notary Putlt;'i>t and for said State, personally peered Hoyt Dobson, known or identified to me to be the person whose name is sub=ibed to the within instrument, and who acknowledged to me that he executed the same - IN P. 3 VilMSS WHMOF, I have hereunto set my hand and seat the day and year SF1.a%L Pown of ATTORNEY — Page 2 JUL-,J-99 THU 1148 AM HYDE, WETHERELL FAX N0. 208 34800 P 4 in this certificate first above written. Spj:C . poWFR OV Alio y - PW 3 • 0 LOT 5 AND 6 TIMOTHY SUBDIVISION REZONE LEGAL A Parcel of land for the purpose of a rezone being Lot 5 and Lot 6 of Timothy Subdivision and the existing right-of-way adjoining said Lots as shown on the Plat thereof as recorded in Book 31 at Page 1923 of Ada County Record's, said Lots being situated in a portion of the SEI/4 of Section 18, T.3N., RJE., Ada County, Idaho and being more particularly described as follows: Commencing at the SE corner of said Section,thence along the South line f said SE1/4 S89°44' 18"W a distance of 622.02 feet tothe POINT OF BEGINNING Thence continuing along said South line S89°44' 18"W a distance of 714.94 feet to a point; Thence leaving said South line and along the Lot line common to Lot 4 and said Lot 5 0 said Timothy Subdivision NO°28'51"E a distance of 700.00 feet to a point; Thence along the Lot line common Lot 2 and said Lot 5 of said Timothy Subdivision N51°26'32"E a distance of 21.83 feet to a 5/8 inch rebar; Thence along the exterior boundary of said Timothy Subdivision the following courses: S68°22'27"E a distance of 410.39 feet to a 5/8 inch rebar; Thence S29°02'44"E a distance of 639.50 feet to the POINT OF BEGINNING. Said Parcel contains 7.90 acres more or less and is subject to all existing easements and rights-of-way of record or implied. j� •PIONEER TITLE CUST SERVIC 208 373 3675 P.02/02 -TUN-30-1999 16'52 rTJ 76=16 WARRANTY DEED FOX VALLE MCEAVt") To 0, H&PP&R, dealing With his $010 and Beres k'*y VOL ba"i". W11 4FW V—CY ""I.- C. Dun" iia d an A. DOWN, husband and vlfco wbooc oddmo is Lot i. aacording tO thl- 111 slot* :L of Timom 5MM'Slor ag file Wd of raeord U t1W *of of MU Couaty, %dabcir. at do comtr mcmd" tis tie, clid I rm-ve.-z VCr,4,LS_ With 1,11169 JPPUI t -i To ItAyXiIII. their kdf$ WA 4w9u; le -Ad that jeweelf with the Sa*at (:rant- - as thas her is in f•- icv prem6cs are, rzte, from aai csKianbraicers the ""'lle a"ll wild %ba t lie W iu L.Uld 11001d STATE OF umv sit' ADA an twee, /i July; ik beefeleree, %TT) G. with his sale and so7arate property. Wkq.-jrdcM I- (big meep-mul. ano A -o Ctpicol 'T'it1v Comixilly TrITAL P.02 JUL-02_-1999 08:13 PIONEER TITLE CLiST SERVIC 75251'�� 3- 1381, DEED Ztl Tia G. iL•t'PC�.:t �lsriL� maeg `l�,•�ling With his sale and vatrs 3• Iris srp►cu Atia►lCny', ptQYT C. pp50N t: basDU6 all and aptr sddtass . P. 0. B= iZ�. tba st+ •docs ;► band and utile, vchcuc11ARY A• ' 9010. Idaho. to wit. Anchasaip, At•¢n....- to �� � � fdlaw 'r �tibed � .a �cox'dtn6 lt I c1 TWDM*'� 'U"'-eek4 "M t'lsta ac Lot the a Jac duF Ads �nt7h idgh% PRS n Matta'�a datW (XWber 16, 1474► Su3mcY to tbac cel 4 lns,,,,M=r N asaugm� 'a sel Ocxobet fiict M VSO g�t�s Otticiai Ae�otd►tt3 to us• pfesnize m pay 20s 373 3675 P-02/02 nrm aw '1'Q 3Ls Woo, �b aew 2 4a m aira� doe's }ueem► itsa v�E s1i�'i'03•D 3rar• ehtalsaidD+"�tlrstli�+�s tib= With016 Gas"" m=T�7itS tw 147 tip ,�;� wsesast utd dsieaa the same f" all 1aw'f� �+� � � that b mad: AUPST 2 / �dr—� Ss.►'rt as P ata a;r"ar+r or Aust . �r75 . dsr of A De00 Ari a a ptGe is AM 1w sayt Swq- T�•." ' Ted G. I'Met' krAws A 'ast•wbe 1ht ve s�sxsr�d la OW.,rat b mote-04'q�C alaci - 1. the ► 0- A'18 T-• of v..r d 1 StA'R 4►1DAR0. wAtaft"S� a" for e� pis ::;:- :-: N ZONING MPTP A4- E OVERLAND MINI -STORAGE s L -O R -A O i I V-)ORTSMAN PO)l ES NO -05 j SP RTSMAN POI 0.02 SPORTSMALp N POINTE N�' C l �1 C] Zoning PINNACLE ENGINEERS, INC. 0 Subdiv870 N. LI NDER RD, STE B, MERIDIAN, ID 83642 pm *Stseg c996116 S3nnle18 PH 208-887-7760 FX 208-887-7781 Date: 6/4/99 ar�v< I ' 1 ' I II , � nm 1111 1� III ,r y 11 '400 bU. y. 14.200 So.. 11 , r I 1 ; II• _ — �'- -� ' �� :� I 13.500 S0. FT. ; � f ��\ ZUU OW. ■ SII .� I II •. � 1 :;;; `•,, ,, �' �. I■li SIF. -r ,' / . ( 4 9000 S0. FT.` I ; \\ i III _f — —Y' 1 I ✓-s' ' \, I i-1 N —T—ISI I I I III I 'i' III , I II YS I III 111 1,1 �✓ �� 11 I'I1• PINNACLE Enginearm, Inc. p Y 14P LY 4 W.w,1a. .1Pt (Xy P1-)lW PINN' ACI'E Erigirneers , Inc . Planning and Zoning Administrator 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: January 7, 2000 RE: Overland M nistorage' Subdivision - Development Agreement Ms. Stiles: On behalf of Overland Storage 'L.L.C., we are requesting a modification of the proposed Development Agreement 'Wrrently being reviewed by the City Attorney and our clients. The Development Agreement specifies the number of buildings to be eight (8). I am sure this is based upon the number of buildings shown on the Conditional Use Plan. Although this is accurate, we believe that specifying the number of buildings somewhat limits the developer. We may want to construct smaller buildings than shown on the plan and identified in the Development Agreement due to grades and drainage which would necessitate the need for more than 8 buildings to accomplish the same total square footage of buildings shown on the plan. Or, possibly larger buildings reducing the total number of buildings below the 8 identified in the plan and Development Agreement. We recommend that instead of identifying the number of buildings, a maximum square footage of buildings be identified in the Development Agreement. The total square footage of buildings shown on the plan is 58,110 sq. ft. Please review our recommendation with the City Attorney and let us know the out come. If you have any questions or comments regarding this matter, please call me at (208) 887-7760. Sinc , Robert C. Unger Project Manager cc: File #C996116 Mike Bledsoe 870 NORTH LINDER SUITE B - , MERIDIAN, IDAHO 83642 a (208) 887-7760 FAX (208) 887-7781 I ADA CM.NTY RECD D 11, C.'W'10 14AVALRryR0 r_nf`� Ilea1�J 2000 A' 20 PM 1: 2S CITY OF MERIDIAN ORDINANCE NO. gr'; 7 RECOROED -REQUEST OF FEEJ�LDEPUTY 71t_ $P� 10002976 peurvE MAY 1 8 2000 Cl'r' x Uri MERIDIAN pLANNING & ZONING AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL: DISTRICT (C -G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER,STATEOFOF IDAHO,S�PURS ANT TO DAH0D ASSESSOR, ICODE THE STATE TAX COMMISSION OF THE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: LOT 5 AND 6 TIMOTHY SUBDIVISION A parcel of land for the purpose of annexation being Lot 5 and Lot 6 of Timothy Subdivision and the existing right-of-way adjoining sRedLots cord's, said Lots being situated in a shown on the Plat thereof as recorded in Book 31 at Page 1923 of Ada County portion of the SE 1/4 of Section 18, T.3N., R.1 E., Ada County, Idaho and being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE - 1 uth Commencing at the SE corner of said Section 18 g the So INGne of said SE 1/4 S 89'44'18" W a distance of 622.02 feet to thePOINT OF Thence continuing along said South line S 89'44'18" W a distance of 714.94 feet to a point; Thence leaving said South lineand along the Lot line common to Lot 4 and said Lot 5 of said Timothy Subdivision N 0n 28'5 1 E a distance of 700.00 feet to a point; Thence along the Lot line common Lot 2 and said Lot 5 of said Timothy Subdivision N 51°26'32" E a distance of 21.83 feet to a 5/8 inch rebar; Thence along the exterior boundary of said Timothy Subdivision the following courses; S 68°22'27" E a distance of 410.39 feet to a 5/8 inch rebar; Thence S 29°02'44" E a distance of 639.50 feet to the POINT OF BEGINNING. Said parcel contains 7.90 acres more or less and is subject to all existing easements and rights-of-way of record or implied. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C- G -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of ANNEXATION AND ZONING ORDINANCE - 2 Meridian and the owner of the land described in Section 1 dated the day of SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE - 3 • =�fl HE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Y day of 4}99-000, AP ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of o 179"2-000- eLwlr- - ) / ORA ATTE ' SEAL Zv 9 on CLERK r' STATE OF IDAHO,) ss. County of Ada. ) '' ,,��,, � the undersigned, a On this Ada of , - before me, gn Y Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. *4 OT Tq�� ; P • (S) a 40 NOT UBLIC FOR HO RESIDING AT: (N' il�IDA1 ktl D RE MY COMMISSION EXPIS:-- ey\Z:\Work\M\Meridian 15360M\Overland Ministorage\ALORD ANNEXATION AND ZONING ORDINANCE — 4 0 i CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. g6 passed by the City Council of the City of Meridian, on the day of 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. ``\\��„►,►r►►,,���� G. BERG, STATE OF IDAHO, ss. County of Ada, ) On this � day of , in the year 44P4, before me, i r , a Notary Public, appeared WILLIAM BERG, R., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. 0 -4n TTry • / �S ) M! �w Nota P is for Idaho •Commission Expires: • % s s •, �'t1BL1G,� p® •ee OF o♦o msg\Z:\Work\M\Meridian 15360M\Meridian Forms\CertificationOfClerlcOrd,frm CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the c fro dian of a of its records and min tes and do hereby certify that on the y -}, the following action has been taken and authorized: Zvoo A RESOLUTION OF THE CITY COUNCIL OF THE CITYPURPOSES; OF THORIZIING THE SETTING FORTH CERTAIN FINDINGS AN MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMAED M � W THERELL, MENT", BYAS D BETWEEN THE CITY OF MERIDIAN N ATTORNEY-IN-FACT FOR HOYT C. DODSON. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with MIKE WITHERELL, AS ATTORNEY-IN-FACT FOR HOYT C. DODSON, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I. The Mayor and Cleric are hereby authorized IT enter into and AS behalf of the City of Meridian that certain agreement with M CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - I • 0 ATTORNEY-IN-FACT FOR HOYT C. DODSON, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian andMIK s attached hereto ELL AS ATTORNEY-IN-FACT FOR HOYT C. DODSON, a copy of which marked as Exhibit "A" to this Resolution and to bind this City to its terms and \`tt01%uilli!lryrrrrr conditions. WILLIAM G. BERG, CITY CLERK STATE OF IDAHO, ) G� REAL _ �.0 'JIJ/JJll7Ht1;{tt\\\\ ss: County of Ada, ) p �000On this q'� �? day of , in the year +99-9-, before me, L� �know�nor ��,a Notary Public, appeared WILLIAM G. BERJR., identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. 0•°U00•• e •• A. :x' N (S) •v�� �a® Nota ublic for Idaho Commission Expires: Gl fzb (Tl� F,'oo ••°i�OFI� s 0 msg/Z:\work\M\Meridian 15360M\Overland Ministorage\Certif0erkRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 co V- U W V) 3 MAY 0 2 CITY OF mmijL PLANNUgGl A 7.� ,Q 12-01-99 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) Case No. AZ -99-018 APPLICATION OF OVERLAND ) FINDINGS OF FACT AND STORAGE, LLC, THE ) APPLICATION FOR ) CONCLUSIONS OF LAW, ANNEXATION AND ZONING ) DECISION AND ORDER OF 7.25 ACRES FOR OVERLAND ) GRANTING APPLICATION FOR STORAGE SUBDIVISION, AT ) ANNEXATION AND ZONING 1230 OVERLAND ROAD, ) MERIDIAN, IDAHO ) The above entitled annexation and zoning application having come on for public hearing on November 16, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Bob Unger of Pinnacle Engineers, Inc.., and no one appeared in opposition, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 hearing procedures provided in Section 67-6509, Idaho Code and concurrently or immediately following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [I.C. § 67-65251 [§11-2-417 A Revised and Compiled Ordinances of the City of Meridian.] Zonin 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I.C. § 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [§ 11-2-401 C Revised and Compiled Ordinances of the City of Meridian.] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Title 11 Chapter 2 Section 400 et. seq. of the Revised and Compiled Ordinances of the City of Meridian. 5.1 The "Zoning Ordinance" provides a zoning district (C -G) General FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 hearing procedures provided in Section 67-6509, Idaho Code and concurrently or immediately following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [I.C. § 67-65251 [§11-2-417 A Revised and Compiled Ordinances of the City of Meridian.] Zonin 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I.C. § 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [§ 11-2-401 C Revised and Compiled Ordinances of the City of Meridian.] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Title 11 Chapter 2 Section 400 et. seq. of the Revised and Compiled Ordinances of the City of Meridian. 5.1 The "Zoning Ordinance" provides a zoning district (C -G) General FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 16, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 16, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 Record's, said Lots being situated in a portion of the SE 1/4 of Section 18, T.3N., R.1E., Ada County, Idaho and being more particularly described as follows: Commencing at the SE corner of said Section 18, thence along the South line of said SE 1/4 S 89'44'18" W a distance of 622.02 feet to the POINT O BEGINNING: Thence continuing along said South line S 89044'18" W a distance of 714.94 feet to a point; Thence leaving said South line and along the Lot line common to Lot 4 and said Lot 5 of said Timothy Subdivision N 0°28'51" E a distance of 700.00 feet to a point; Thence along the Lot line common Lot 2 and said Lot 5 of said Timothy Subdivision N 51°26'32" E a distance of 21.83 feet to a 5/8 inch rebar; Thence along the exterior boundary of said Timothy Subdivision the following courses; S 68°22'27" E a distance of 410.39 feet to a 5/8 inch rebar; Thence S 29°02'44" E a distance of 639.50 feet to the POINT OF BEGINNING. Said parcel contains 7.90 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 5. The owner of record of the subject property is Hoyt C. Dobson, of 600 W. 76th Ave., Apt. 303, Anchorage, Alaska. 6. Applicant is Overland Storage LLC, of 1322 Torrey Lane, Nampa, Idaho. 7. The property is presently zoned by Ada County as Limited Industrial FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLA.ND STORAGE, LLC CASE NO. AZ -99-018 (M-1), and consists of a single family residence with acreage. 8. The Applicant requests the property be zoned as Meridian General Retail and Service Commercial (C -G). 9. The proposed site of the subject property is located north of Overland Road west of Locust Grove Road south of I-84 at 1230 Overland Road. 10. The subject property is bordered to the north and east by Ada County Rural Transitional (R -T), to the south by Sportsman's Point subdivision, to the west by the Timothy Subdivision, and city limits of the City of Meridian are adjacent and abut to the northwest corner of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: construction and development of a ministorage facility consisting of eight buildings of various sizes and one caretaker unit. 14. The Applicant requests zoning of the subject real property as General Retail and Service Commercial. 15. The application is consistent with the Meridian Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 Generalized Land Use Map which designates the subject property as Commercial. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are reheated here for the Council and Commission's consideration during the hearing process. Land Use Chapter ...Overland/I-84 Mixed Use Policies These areas are unique in that they are surrounded by arterials, immediately adjacent to the freeway (I-84), are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, combined medium -to -high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 medical, and related land uses. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.7 Detailed market studies should be undertaken to explore and clarify the issues that are related to mixed-use development in these areas. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously -developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84 ... and Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. Natural Resources Chanter Vegetation: Throughout the Meridian area are outstanding natural tree and shrub corridors along the creeks and drains. These vegetation resources are critical to wildlife and aesthetic values. It is essential that community leaders protect and preserve natural vegetation along all creeks and drains within the Meridian area. 1.1 U Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. 2.1U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1U Manage and prevent unsuitable uses along drainageways and protect the flood plains of creeks and drains. Transportation Chanter 1.4U Monitor and coordinate the compatibility of the land use and transportation system. 1.5U Encourage clustering of uses and controlled access points along arterial, collector and section line roads. Community Design Chapter 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 1.8 The appearance of natural creeks (Five Mile, Nine Mile, Ten Mile and South Slough) throughout commercial activity centers, industrial review areas, residential areas and Old Town should be improved and harmonized with adjoining land uses in order to protect water quality of the streams for beneficial uses, as well as to enhance their environmental amenities. 2.1U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. Entryway Corridors—(Overland Road is identified as an entryway corridor.) Entryway corridors are a community's "front door." It is acknowledged that the corridor's trees (or lack. thereof), commercial signage, and site character provide the first, and oftentimes the most lasting, impression of the entire community. Strong messages are delivered to the traveling public and to local citizens alike. The community's economic vitality, its willingness to ensure the safety and well-being of its citizens, its degree of concern for the natural environment, and the respect citizens have for one another are but a few of the messages. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Depending on the configuration of existing streets, land uses and site configuration, more extensive landscaping and more concern for site character may be required in Meridian. Conversely, the design review process will afford the opportunity to address the special features of each property and facility on a case-by- case basis. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 16. There are no significant or scenic features of major importance that affect the consideration of this application. 17. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and which restrict the use and development of the subject real property under the Planned Unit Development procedures and pursuant to the conditional use permit process, and that in that process conditions be provided for that require, but are herein not limited to, specific landscape/common area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions and bike lanes. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 19. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors, and can best be handled by requiring as a condition of development and use on said parcel that all development and use on and of the subject real property will be subject to a conditional use permit process which restrict the use and development of the subject real property under the Planned Unit Development procedures and pursuant to the conditional use permit process, and that in that process conditions be provided for that require, but are herein not limited to, specific landscape/common area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions and bike lanes. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 7.25 acres to General Retail and Service Commercial (C -G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 7.25 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of and for the real property which is the subject of annexation and zoning application for conditions of development which are imposed and which restrict the use and development of the subject real property under the Planned Unit Development procedures and pursuant to the conditional use permit process, and that in that process conditions be provided for that require, but are herein not limited to, specific landscape/common area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 bike lanes. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -G) General Retail and Service Commercial District (§ 11-2-408 B 11 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 7 day of�" , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED_9e� COUNCILMAN KEITH BIRD VOTED_9�G COUNCILMAN CHARLIE ROUNTREE VOTED-� MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 12,— -7— MOTION: APPROVED•' DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By Dated: ity Clerk msg/Z:\Work\M\Meridian 15360M\Overland Ministorage\AMCIs iz-7-�1? FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC CASE NO. AZ -99-018 0jitttiiii f tf//,,,I of: SEAL CO FEBRUARY 10, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15 2000 APPLICANT: OVERLAND MINI STORAGE, LLC AGENDA ITEM NUMBER: F REQUEST: ANNEXATION AND ZONING OF 7.25 ACRES TO C -G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS SEE ATTACHED SIGNED DEVELOPMENT AGREEMENT INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED FEB 1 0 2000 CITY OF MERIDIAN CITY CLERK OFFICE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Overland Storage, L.L.C., Owner/Developer 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 OVERLAND STORAGE, L.L.C., an Idaho Limited Liability Company, hereinafter called "DEVELOPER", whose address is 1322 Torrey Lane, Nampa, Idaho 83686 and the mailing address is 2825 Hillcrest Lane, Caldwell, Idaho 83605. 1. RECITALS: 1.1 WHEREAS, "Developer" 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 Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C -G), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" 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 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 DEVELOPMENT AGREEMENT - 1 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 day of '1999, 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" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" 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 1.10 WHEREAS, "City" requires the "Developer" 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 Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. 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. Development Agreement - Page 2 of 14 AZ -99-018 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": means and refers to Overland Storage, L.L.C. an Idaho Limited Liability Company, whose address is 1322 Torrey Lane, Nampa, Idaho 83686 and the mailing address is 2825 Hillcrest Lane, Caldwell, Idaho 83605, the party developing said "Property" and shall include any subsequent owners)/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 those uses allowed under "City "'s Zoning Ordinance _ codified at Section 11-2-408 B 11 Revised and Complied Ordinances of the City of Meridian and further limited to: The construction, development, use, and maintenance of a ministorage facility consisting of eight buildings of various sizes and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process, in which process conditions shall be provided for but are herein not limited to landscape%ommon area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes. Development Agreement - Page 3 of 14 AZ -99-018 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 The construction, development, use, and maintenance of a ministorage facility consisting of ministorage buildings of various sizes not to exceed 80,430 square feet in total of all such buildings and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process, in which process conditions shall be provided for but are herein not limited to landscape/common area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes. 7. 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" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, 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. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Development Agreement - Page 4 of 14 AZ -99-018 "Developer" 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: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" 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. 10. DEFAULT: 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully 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. 10.2 A waiver by "City" of any default by "Developer" 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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", 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. Development Agreement - Page 5 of 14 AZ -99-018 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", 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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" 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. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the parry 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. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates Development Agreement - Page 6 of 14 AZ -99-018 of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" 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. 17. 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: c/o 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: Overland Storage, L.L.C. 1322 Torrey Lane Nampa, Idaho 83686 mailing address of: 2825 Hillcrest Lane Caldwell, Idaho 83605 17.1 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. 18. 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. 19. 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 Development Agreement - Page 7 of 14 AZ -99-018 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. 20. 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", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" 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" 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". 22.1 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. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be Development Agreement - Page 8 of 14 AZ -99-018 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. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OVERLAND STORAGE, L.L.0 Michael Bledsoe, m aging member BY: -�� M' hael Bledsoe Attest: BY RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/ZAWork\M\Meridian 15360M\Overland Ministorage\DevelopAgr Development Agreement - Page 9 of 14 AZ -99-018 STATE OF IDAHO ) :ss COUNTY OF ADA O this 1 ti day of,t(G� �' , in the year 2000, before me, 'S-h.eib`j 1C. Tarrri a Notary Public, personally appeared Michael Bledsoe, managing member of Overland Storage, L.L.C., known or identified to me to be one of the members of the Limited Liability Company who executed the instrument and the members who subscribed said Limited Liability Company name and acknowledged to me that such Limited Liability Company had executed the same. ■sea ■■r■■ f SEAL •'��.=!G (SEAL) �•. Notary u is for Idaho / "y; ,lOT'`�,�` Commission expires: �/2�( GQ ■ � r ■ � r 46 STATE OF County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie 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: EXHIBIT A Legal Description Of Property LOT 5 AND 6 TIMOTHY SUBDIVISION Development Agreement -Page 10 of 14 AZ -99-018 A parcel of land for the purpose of annexation being Lot 5 and Lot 6 of Timothy Subdivision and the existing right-of-way adjoining said Lots as shown on the Plat thereof as recorded in Book 31 at Page 1923 of Ada County Record's, said Lots being situated in a portion of the SE 1/4 of Section 18, T.3N., RAE., Ada County, Idaho and being more particularly described as follows: Commencing at the SE corner of said Section 18, thence along the South line of said SE 1/4 S 89°44'18" W a distance of 622.02 feet to the POINT OF BEGINNING: Thence continuing along said South line S 89°44'18" W a distance of 714.94 feet to a point; Thence leaving said South line and along the Lot line common to Lot 4 and said Lot 5 of said Timothy Subdivision N 0°28'51" E a distance of 700.00 feet to a point; Thence along the Lot line common Lot 2 and said Lot 5 of said Timothy Subdivision N 51°26'32" E a distance of 21.83 feet to a 5/8 inch rebar; Thence along the exterior boundary of said Timothy Subdivision the following courses; S 68°22'27" E a distance of 410.39 feet to a 5/8 inch rebar; Thence S 29°02'44" E a distance of 639.50 feet to the POINT OF BEGINNING. Said parcel contains 7.90 acres more or less and is subject to all existing easements and rights-of-way of record or implied. EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Development Agreement - Page 11 of 14 AZ -99-018 TO: Shari Stiles Planning and Zoning Administrator _ 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: October 8, 1999 RE: Overland Mini -Storage Ms. Stiles: In accordance withY our staff 'report dated.October 6, 1999 on the above referenced project, we submit the following response:' . GENERAL REQUIREMENTS - 1. We, concur 'with :staff and agree that, any existing irrigation%drainage ditches crossingthe property will be tiled 2.. The only existing wells or septic systems on the•site are associated with the existing residence. Upon application,to modify the use of this residence, connection to City sewer and water will be ;completed. ` 3. Off street p g `is provided for the mini -storage and additional parking for the remaining lots arkin will be provided as each lot is developed. - 4. Paving and striping. will be in accordance with City Code and Americans with Disabilities Act requirements. 5: A drainage- plan will be submitted to the City Engineer for review and approval in accordance with City Code. 6. Outside lighting will be provided as per City Code. 7. All signs will be in accordance with City Code. 8. All sidewalks provided will be five foot in width as per City Code. 9. All construction will be in accordance with the Americans with Disabilities Act. 870 NORTH LINDER SUITE B - MERIDIAN, IDAHO 83642 (208) 887-7760 FAX (208) 887-7781 ANNEXATION AND ZONING COMM ENTS_ 1. The Comprehensive Plan does designate this are for Mixed/Planned Use Development and is being processed as a Planned Unit Development. 2. We, concur with'staff and agree that a development agreement should be entered into as a part of the Annexation and Zoning of this property. 3. We concur with staff and anticipate no problems with the legal description submitted. PRELIIVIINARY PLAT CONMENTS - 1. Approval letters" from the Street Name Committee and County Engineer will be submitted approving thesubdivision name and street t, names. ; 2. Location of fire' hydrant . placement, will be coordinated with the City; Water Works Superintendent and Fire Department. r with staff and.a ee to enter into a Re - 3, We concur ' gr Assessment Agreement with the City to re- evaluate assessments after 12 months �of full occupancy. 4. This letter is our response as required. 5. Revised copies of the preliminary plat map are being submitted for review. 6. Sanitary,sewer services will be provided as required by the City: 7. Water services will be provided as required by -the City. ' -8. Streetlights will be installed as per City requirements. provided to all lots and landscape areas: and by the 9: Underground irrigation will be p P �G development association. 10. Drainage for the site will be retained on site. Plans will be modified to remove any drainage facilities outside the City sewer easement. �p r 11. Although we cannot find specific City Code requirements for a 35' planting stripe along the Overland Road right-of-way, we, have modified our plans to reflect a 30' planting stripe. �Qjy �� (MI, ` IN 12. Fencing of the property will be provided prior to application for building permits. - 13. Permits for floodplain Development will be applied for prior to commencing any work. CONDITIONAL USE COMMENTS 1. A detailed sign plan is being provided with this comment letter. 2. ; The Caretaker's unit will be constructed to comply with'CityCode and ADA for parking and access. 3. Fencing for the facility will be chain link fencing. Site obscuring slats for the fence will not be provided as perimeter landscaping will be provided to meet the needs forsite obscuring. 4., We concur with staff. 5. We concur with staff and do not plan on the use of grassy swales within the 3l�' planting trip adjacent to Overland Road. - 6. - We concur with staff and all parking and drives will be paved. 7. We, have provided a modified site plan reflecting landscaping for the mini -storage lot which irements of the Code. complies with the requ 8: Sante as above. 9. See 0 above. 10. The number of trash receptacles and location will be coordinated with SSC. 11. We have modified the plan to provide for 4 parking spaces located adjacent to the caretaker unit, outside the gated area of the facility. 12. "The -revised siteP lan indicates the location of the gate. Circulation with the, mini -storage lot is not designated as all driveways between the buildings are ; 2S: in width and sufficient ' to accommodate traffic in both directions. COMPREHENSIVE PLAN POLICIES 1. > We concur with staff's review of the City Comprehensive Plana 0 'IONAL -USE FOR a NISTORAGE SUBDIVISION TIMOTHY SUBDIVISION, HOOK 91, PACE 190 OF PLATS � M IF THE SB 1/4 OF TIM BE 1/4 OF SECTION 10 k )RMRANGE 1 BAST, BOISE MERIDIAN ADA COUNTY, IDAHO N 1909 W& 0-4 GENERAL LEGEND ExtrnRc sEWF.R URE (PME SZE) PROPOSED SANITARY' SERER MANHOLE OWNG ORMNAGE WCH ® T7I6 m SNXNTY SEWER MWNOLE EIOSONG MGM DRAW (RPE S) O• STREET LONE TIMOTHY sue NE (� , mum FM HYDRANT ZONE l0 (MERIDIW) offm IIacATm L �';,, DOSTOIB WATER LINE (PIPE 920 PROPOSED FIRE HVORMNT OWNG OAS UNE (PIPE SZE) M DUSTING WATER VALVE NEVI SERER UNE (RPE SIM PROPOSED WATER VALVE I . I NEW slow DRAW (RPE Sao R EASnNO FWCATON CONTROL VALVE �WI�� NEW ABDICATOR UNE (RPE SZE) *CA E>o = SERER LINE CLEAN OUT V NEW WATER UNE (PIPE SIZE) ® awrima WATER WELL I ® E108ON6 SERVICE WATER METER Q W ERDSONG FENCE ERDSIIN6 STORM DRAW MANPNDLE EOSSNG EDGE OF PAEIOENT ® EO IARC AT&T MANHOLE NEW EDGE OF PAIEME f S EROSGNa TELEPNOFE JINCiOM BOX 0 W OWNG EDGE OF ORNEMAW w Exam GAS METER ] O CASTING EDGE OF OWAX OD EWSRO POWER CO. TRTRANSFORMFORL BOUNDARY UNE 'Ya, Emsnmc POWER POLE r, w 'n ROADWAY CENTER LIFE --RA, MOST1NG POWER POLE W/ GUY WIRE — j V� NOAGWIW RIGNf-0F-WAY IN E1 - NO CABLE TELIVISM BOX O EASEMENT BOUNDARY s NEW OIYWI AMIE TE UNE I ® MEN SAND AND GREASE TRAP - TOGO aA z W ID NEW FORMATION DISTR UTION SON — 7 j !XERIC LOT ONE L EKISTW6 CONTOUR ❑1 E>a5I1,16 MOTION DSTRNWTIDN 8011 TIMOTHY SUB NEW E DORUDED CURS EXtsnmG SRR 0 ZONE MI (COUNTY) a Fxls m GE man TREE (uuPER1 A C@6RRUCT S' SDEWALK EaSfNG CONFEROUS TREE (CAUPER) Q CpMI$RRUCT jr VERIMJIL yCURB & CUTTER E & YY SOE ALK AS - IOSTING WILBOOL _ PER S) 701 & 714 ® Cap= SAwARY sEWER STUB NMRKER PEDESTRIAN RAMP O Y m Comm GAS LINE MARKER ORMON OF ORMNAGE FLOW Q NEW PAYED AREA FOUND MUSS CAP 0 FOURO ALUM CAP O L O FOUND � am N o FOUND ,n NEBO 'LLT OR FOUND PX W NAL • SET SO REBAR W/CAP • SET ,/i REBAR W/CAP > CMDALA• S+NE D PONT O OWNER SEWAGE DISPOSALN""`" NR as /uMWnIIN OVERLA H ILLCREST � L.G. O,Y OF MEFIGIAN (2 s1B1 �' WATER SUPPLY DEVELOPER CITY OF MEROAN DATE OVERLAND STORAGE LLC. CITY 10-00-10 S 1/4ORMER ,a,2sTr I Won 677 I5t •mas MEROAK iLAM 2823 MWW LANE DRAno WN 0Y: SCHOOL DISTRICT CNECKED BY: 19 ACREAGE am A WAV Pt CPAP M 97u52B / TOTAL PARCEL - 7.15 ACRES VERQAN �� FPROJECT NOL is - ZONING IRE DISTRICT nIIIfI COUNTY M-, MERSRAN rulOE SETBACK LINES IRRIGATION DISTRICT FRONT 20NAMPA MEOOMN IRRIGATION OMTRICT 9 SET SDE 1�i" PINNACLE i Engineers , In,c TO: Shari Stiles ' Planning and Zoning Administrator 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: July 1, 1999 RE: Overland Mini -Storage Subdivision Ms. Stiles: On behalf of Overland Storage L.L.C.; we are submitting this application for Annexation/Zoning to C -G, a Subdivision Preliminary Plat, and.a Conditional Use for commercial use and mini -storage units on 7.25 acres located west of Locust Grove Road on the north side of Overland Road (Lots 5 & 6, Block 1, Timothy Subdivision), Meridian, Idaho. The proposed subdivision consists of 4 commercial lots. The property is currently zoned MI by Ada County. The project is a resubdivision of Lots 5 & 6, Block 1, Timothy Subdivision. The requested zone of. C -G is compatible with the development currently occurring within the area. The project and zoning is compatible with the policies and goals of the Meridian City Comprehensive Plan and the surrounding area: We are requesting approval of a Conditional Use for the mini -storage facility on proposed lot 2 of the subdivision. We have provided a copy of the typical unit within the packet for your review. As reflected on the plat, the storage units vary in size and include a caretaker's unit for security of the area. Sewer and water (Meridian) is currently to the property and will be extended into the development at the expense of the developer. All other utilities will be provided to the site.. All streets, curbs, gutters and sidewalks required will be dedicated to the public and built to Ada County Highway District and Meridian standards. The driveway and parking will be constructed to Meridian standards and will exist on the individual lots. Cross access agreements will be provided as ` required. . This project is compatible with the surrounding area and as such will not change the general use or character of the property and will not have any adverse effect on the, surrounding properties. The traffic impact on the surrounding streets should be minimal as Overland Road is designated as a Major Arterial with capacity to carry the additional traffic. 870 NORTH LINDER SUITE B MERIDIAN, IDAHO 83642 (208) 887-7760 FAX (208) 887-7781 We will be providing a 20' landscape buffer along Overland Road and planting of trees around the perimeter of the project. In addition, chain link fencing will be installed around the perimeter of the storage facility. This subdivision will adopt restrictive covenants and I have provided a copy of those covenants for your review. Statement of Compliance` 1, All driveways, parking, curbs, gutters and sidewalks will be constructed to Meridian City Ordinance standards. 2 The proposed use is in conformance with the City of Meridian Comprehensive Plan. 3 The development will be connected to City services. 4. This development will be compliance with Meridian City Ordinances. 5, The preliminary plat will include all appropriate easements. 6. There no street names to be compared with the,City grid. Affidavits: 1. This property will be posted 1 week before the public hearing with postings containing the name of the applicant, description of the, zoning amendment, and time and date of the public hearing. 2. The applicant hasread the contents of this application and verifies that the information contained herein is true and correct. We are requesting variance in the width of the landscape buffer along Overland from 35' to 20' in that after dedication of 48' of right of way to ACRD, the remaining set back area to the existing house on, lot 1 does not provide sufficient room for the 35' landscape area as required by staff. a Ifyqu have any questions or comments regarding this matter, please call me at (208)"887-7760. Si y Robert C. Unger Project Manager cc: File #C996116 Mike Bledsoe i REQUEST FOR SUBDIVISION APROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: OVERLAND MINISTORAGE SUB. 2. General Location1230 E. OVERLAND RD, MERIDIAN (LOTS 5 & 6, BLOCK 1 TIMOTHY SUBDIVISION 3. Owners of Record: HOYT C. DOBSON Address:600 W. 76 AVE., APT 303, ANCHORAGE, AK ,Zip99518 Telephone UNK 4. Applicant: OVERLAND STORAGE, L.L.C. Address: 1322 TORREY LANE, NAMPA, ID ,Zip 83686Telephone_465-5043_ 5. Engineer: DAVID BAILEY / BOB UNGER Firm: PINNACLE ENGINEERS, INC. 6. Name and address to receive City billings Name: OVERLAND STORAGE L.L.C. Address 1322 TORREY LANE, NAMPA, ID 83686 Telephone 465-5043_ PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 7.25 2. Number of building lots: 4 3. Number of other lots:_0 4. Gross Density per acre: 1.81 5. Net density per acre: 1.81 6. Zoning Classification(s): PROPOSED C -G 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? NO 9. Have recreational easements been provided for? NO 10. Are there proposed recreational amenities to the City? NO 11. Are there proposed dedications of common areas? NO Explain For future parks? NO Explains 12. What school(s) the ares? MERIDIAN Do you propose any agreements for future school sites? Explain 13. Are there any other proposed amenities to the City? NO_Explain 14. Type of Building (Residential, Commercial, Industrial combination): COMMERCIAL 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): N/A 16. Proposed Development features: a. Minimum square footage of lot(s): 33,075 SQ. FT. b. Minimum square footage of structure(s): 2,550 SQ. FT. C. Are garages provided for? NO Square footage: N/A d. Has landscaping been provided for? YES Describe: A 20' WIDE LANDSCAPE BUFFER IS BEING PROVIDED ALONG OVERLAND ROAD AND TREES ON THE NORTH, EAST, AND WEST BOUNDARIES e. Will trees be provided for? YES Will trees be maintained? YES f. Are sprinkler systems provided for?_YES g. Are there multiple units? NO_Types: h. Are there special set back requirements? NO Explain: Has off street parking been provided for? NO Explain: OFF STREET PARKING FOR LOTS 1, 3, & 4 WILL BE ADDRESSED UNDER SEPERATE CONDITIONAL USES AS THE LOTS ARE DEVELOPED i. Value range of property: UNK j. Type of financing for development: DEVELOPMENT LOAN_ k. Were protective covenants submitted? YES—Date: 17. Does the proposal land lock other property? NO Does it create Enclaves? NO STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein. And to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed. March 31, 2000 AZ 99-018 MERIDIAN CITY COUNCIL MEETING April 4, 2000 APPLICANT OVERLAND MINI STORAGE, LLC ITEM NO. 1 REQUEST ORDINANCE - ANNEXATION AND ZONING OF 7.25 ACRES TO C -G AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE PREVIOUS ITEM PACKET Materials presented at public meetings shall become property of the City of Meridian. MARCH 17, 2000 AZ 99-018 MERIDIAN CITY COUNCIL MEETING: MARCH 21 2000 APPLICANT: OVERLAND MINI STORAGE, LLC AGENDA ITEM NUMBER:- REQUEST: UMBER:_ REQUEST: ORDINANCE ANNEXATION AND ZONING OF 7.25 ACRES TO C -G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE PREVIOUS ITEM PACKET OTHER: Materials presented at public meetings shall become property of the City of Meridian. �o nein 1 nfv • MARCH 3, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 7 2000 APPLICANT: OVERLAND MINI STORAGE, LLC AGENDA ITEM NUMBER: REQUEST: ORDINANCE - ANNEXATION AND ZONING OF 7.25 ACRES TO C -G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE 2/15/2000 ITEM PACKET AZ 99-018 OTHER: Materials presented at public meetings shall become property of the City of Meridian. • FEBRUARY 11, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15 2000 APPLICANT: ORDINANCE - OVERLAND MINI STORAGE. LLC AGENDA ITEM NUMBER: 1 REQUEST: ANNEXATION AND ZONING OF 7.25 ACRES TO C -G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED ORDINANCE OTHER: Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH PHILIP A. PETERSON KATHY J. EDWARDS STEPHEN L. PRUSS JULIE KLEIN FISCHER ERIC S. ROSSMAN WM. R GIGRAY, III TODD A. ROSSMAN D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE" CHRISTOPHER S. NYE *ALSO ADMITTED IN OR • ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680.1150 TEL (208) 288.2499 FAX (208) 288.2501 Email via Internet @ wfg@wppmg.com December 2, 1999 Re: OVERLAND MINISTORAGE, LLC / 7.25 ACRES ANNEXATION AND ZONING ORDINANCE Dear Will: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE REcE�D DEC 0 3 1999 City of Meridian City Clerk Office Please find enclosed the above ordinance for the annexation and zoning for Overland Storage, LLC for 7.25 acres. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by Hoyt C. Dodson's attorney-in-fact, Mike Wetherell. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. Very tru y our , Wm. F. Gigr , II msg\Z:\Worlc\M\Meridian 15360M\Overland Ministorage\Clerk on Ord Ltr ** TX CONFIRION REPORT ** DATE TIME TO/FROM 04/12 09:51 PUBLIC WORKS Fax AS OF APR 12 09:53 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 01'41" 007 149 OK Phone: (208) 888-4433 Fax: (208) 888-4218 Fax: Date•-/Z--dD Phone: Pages: 8 Re: CC: ❑ URGENT ❑ FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY OrdlAav?C& At: 90 Fax To: From: Phone: (208) 888-4433 Fax: (208) 888-4218 Fax: Date: �-12-06 Phone: Pages: 8 Re: CC: ❑ URGENT ❑ FOR REVIEW ❑ FOR COMMENT Ord, /I C,L �f 9 &-/ - � A4U d & a --,o ❑ FOR REPLY FEBRUARY 10, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15, 2000 APPLICANT: OVERLAND MINI STORAGE, LLC AGENDA ITEM NUMBER: F REQUEST: ANNEXATION AND ZONING OF 7.25 ACRES TO C -G AGENCY COMMENTS CITY CLERK: SEE ATTACHED SIGNED DEVELOPMENT AGREEMENT CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. � �d -� ���• YD l.L � S � �� V moi, �J %(, �� � 1� � 1 �'1'� .� `'(j�,'� �(Q . MARCH 3, 2000 AZ 99-018 MERIDIAN CITY COUNCIL MEETING: MARCH 7,200 APPLICANT: OVERLAND MINI STORAGE LLC AGENDA ITEM NUMBER. REQUEST: ANNEXATION AND ZONING OF 7.25 ACRES TO C -G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE 2/15/2000 ITEM PACKET =10 .11' A.." BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. .(� ('411 _IT � Shu ucc� ���(I koxt ��,3� av0 RECORDED -REQUEST O AOA COUNTY N RECO OE� :. CN idAVARE:0 � l,'.; • 19�d H) 7; FEE —DEPUTY _.. 2000 RP 2 0 PM f: 2 5 $P� 10 0029706 FILE COPY CITY OF MERIDIAN ORDINANCE NO. A� 7 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C -G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: LOT 5 AND 6 TIMOTHY SUBDIVISION A parcel of land for the purpose of annexation being Lot 5 and Lot 6 of Timothy Subdivision and the existing right-of-way adjoining said Lots as shown on the Plat thereof as recorded in Book 31 at Page 1923 of Ada County Record's, said Lots being situated in a portion of the SE 1/4 of Section 18, T.3N., R.IE., Ada County, Idaho and being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE - 1 Commencing at the SE corner of said Section 18, thence along the South line of said SE 1/4 S 89'44'18" W a distance of 622.02 feet to the POINT OF BEGINNING: Thence continuing along said South line S 89'44'18" W a distance of 714.94 feet to a point; Thence leaving said South line and along the Lot line common to Lot 4 and said Lot 5 of said Timothy Subdivision N 0°28'51" E a distance of 700.00 feet to a point; Thence along the Lot line common Lot 2 and said Lot 5 of said Timothy Subdivision N 51°26'32" E a distance of 21.83 feet to a 5/8 inch rebar; Thence along the exterior boundary of said Timothy Subdivision the following courses; S 68°22'27" E a distance of 410.39 feet to a 5/8 inch rebar; Thence S 29°02'44" E a distance of 639.50 feet to the POINT OF BEGINNING. Said parcel contains 7.90 acres more or less and is subject to all existing easements and rights-of-way of record or implied. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C- G -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area snaps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of ANNEXATION AND ZONING ORDINANCE - 2 Meridian and the owner of the land described in Section 1 dated the day of SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE - 3 0 • i xyYf= OF THE CITY OF MERIDIAN, IDAHO, this � day of _ AP 3ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of E�Zr�vc? 0 4�e9 l4, n C'C ►► tit ►r,,,, &% cvt4 ATTE BEAL CLERIC :, 9p� CST t5.� • P�,, \.� STATE OF IDAHO,) SS. County of Ada. ) ���yy��,, On this �I''� day of I , +999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 2;'b T (SEAL) •�:� OF TD .• �eeee••• NOT UBLIC FOR IDAHO RESIDING AT: ry"A aA - D MY COMMISSION EXPIRES: ey\Z:\Work\M\Meridian 15360M\Overland Ministorage\AZ.ORD ANNEXATION AND ZONING ORDINANCE - 4 • CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. $� passed by the City Council of the City of Meridian, on the day of 1999, is'a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. G. BERG, J STATE OF IDAHO, ss. County of Ada, ) n.�,�, 2000 On this day of in the year-14�, before me, r , a Notary Public, appeared WILLIAM dl BERG, R., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ;cxi�;� 5: NotaP is for Idaho Commission Expires: a ?s _ d'' :ACIBLIC' 0e •o OF m+ esm�eoa msg\Z:\Wor1c\M\Meridian 15360M\Meridian Form s\CertificationOfClerkOrd,frm CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the c stodian of its records and min tes and do hereby certify that on the f� day of the following action has been taken and authorized: 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND MIKE WITHERELL, AS ATTORNEY-IN-FACT FOR HOYT C. DODSON. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with MIKE WITHERELL, AS ATTORNEY-IN-FACT FOR HOYT C. DODSON, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with MIKE WITHERELL AS CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - I ATTORNEY-IN-FACT FOR HOYT C. DODMeNaeant ai�a "DEVELOPMENT H ALL AS AGREEMENT", by and between the City of ATTORNEY-IN-FACT FOR HOYT C. DODSON, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, CITY CLERK STATE OF IDAHO, ) �A � FO EEL 90 �Tts"�• :zQ��`� tttfill 111111\ ss: County of Ada, ) lo h,, an �? On this A day of , in the year X99.9-, before me, � ,�� , a Notary Public, appeared WILLIAM G. BER , JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. °p%sea** U °O xI ,Ns �(SEAL)'�n; yam Nota aublic for Idaho Commission Expires: q[2 °o OF I s NORes00° msg/Z:\Work\M\Meridian 15360M\Overland Ministorage\CertifClerkRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 C M F4 7 v 1 0 0 4i C PINNAdjE Engineers, Inc . 870 N. LINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 FAX • LETTEF TRANSMITTAL A:FTENTION:SLLL.0 _ u.t i i JUL 0 5 2000 r ri T -v items WE ARE SENDING YOU Attached ❑Under separate cover via (f- vt&I (A ❑ Shop drawings ❑ Blueprints ElSepias/Vellums ❑ Calculations C3SPq rPrC L E } Arpwing(s) C311 x 17 Drawing(s) C33 1/2" disk ElMylar/Ammonia Mylar E3 Field Report l.t ❑ Copy of letter ❑ Change Order ❑ THESE ARE TRANSMITTED as checked below: ❑ For review ❑ For your use As requested ❑ For review and comment ❑ FORBIDS DUE ❑ No exceptions taken ❑ Make corrections noted ❑ Revise and Resubmit ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: SIGNED: Lq it December 23, 1999 John Grunenwald Overland Storage, LLC 2825 Hillcrest Lane Caldwell, ID 83605 Dear John, • (?a �- gn-Ltt Ne i ( C(2 ?2 Please find enclose the original Development Agreement and a copy of the Findings of Facts and Conclusions of Law for your signatures and review. Please return the Development Agreement as soon as possible to place on the January 4, 2000, City Council Agenda. Please feel free to call should you have any questions. Sincerely, Shelby Ugarriza City Clerk's Office Seu Enc. December 9, 1999 Mike Wetherell 1109 Main Street Suite 500 Boise, ID 83702 Re: Development Agreement — Overland Storage, LLC Dear Mr. Wetherell: Enclosed please find the original Development Agreement for Mr Hoyt C. Dodson which requires your signature. Please sign where indicated and return to the City of Meridian City Clerk's Office. Once recorded, we will send you a copy of the Development Agreement. Please call me if you have any questions. Sincerely, Shelby E. Ugarriza City Clerk's Office seu enc. • 0 Hyde, Wetherell, Bray & Haff, P.L.L.0 Attorneys At Law David W. Hyde P. O. Box 139 Mike Wetherell Boise, Idaho 83701 Christopher D. Bray Owyhee Plaza, Suite 500 Telephone 343-1855 1109 Main Street Eric L. Haff Boise, Idaho 83702 Fax 3434800 Katherine A. Gerrity Area Code 208 December 16, 1999 RECE'VED DEC 1 7 1999 City of Meridian CITY OF MERIDIAN City Clerk's Office Attn: Ms. Shelby E. Ugarriza 33 East Idaho Meridian, Idaho 83642 Re: Development Agreement - Overland Storage, LLC Dear Ms. Ugarriza: Thank you for your recent letter and the Development Agreement which you have sent to this office. While I have the authority to sign agreements on behalf of Mr. Dobson, I do not feel it would be appropriate to sign this Agreement at this time. Mr. Dobson sold the property in question on September 30, 1999 to Overland Storage, L.L.C., an Idaho Limited Liability Company. Thus, Mr. Dobson's authority to sign documents with regard to the property ended as of that date. The Agreement should be sent to Overland Storage, L.L.C. as the new owner of the property for execution. MW:kah Enclosure(s) cc: Hoyt Dobson Mr. Richard Allison Very truly yours, A ;r, in l0 O C Vek L V -1A � I 4TU S p �- e A " .4,1V1 "a + V 1 �..Jo� ��„� iy\ r <<� VyJ-q UU (,rw-'tif-. 4 ** TX CONATION REPORT ** AS OF DEC 17 '99 14:20 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 15 12/17 14:20 LEGAL DEPARTMENT EC --S 00'26" 001 008 OK ------------------------------------------------------------------------------ A de 'Wetherell Bra & Haff P .. Y � , Attorneys At Law l nnsropner L. LMYIy Eric L.1H Aff Katherine A. Gerrity Owyhee Plaza, Suite 500 1109 Main Street Boise, Idaho 83702 December 16, 1999 P. n. Bas 139 Boise, Idaho 83701 Telephone $43-18.55 Fax 334800 Area Code 808 R,BCEr%TD DEC 1 7 1999 City of Meridian CITY OF MERIDIAN City Clerk's Office Attn: Ms. Shelby X Ugarriza 33 East Idaho Meridian, Idaho 83642 Re: Development Agreement - Overland Storage, LLC Dear Ms. Ugarriza: Thank you for your recent letter and the Development Agreement which you have sent to this office. While I have the authority to sign agreements on behalf of Mr. Dobson, I do not feel it would be appropriate to sign this Agreement at this time. Mr. Dobson sold the property in question on September 30, 1999 to Overland Storage, L.L.C., an Idaho Limited Liability Company. Thus, Mr. Dobson's authority to sign documents with regard to the property ended as of that date. The Agreement should be sent to Overland Storage, L.L.C. as the new owner of the property for execution. Very truly yours, Mike Wetherell MW:kah Enclosure(s) cc: Hoyt Dobson Mr. Richard Allison IG City of Meridian Fnv ac To: Marlene Fran: %*" Ugamza Fax: Dale: December 21, 1999 Phone: pages: 11 Re: overland Storage DIA OC: ❑ Urgent ❑ For Review ❑please cwn* t ❑ Please Re* ❑ Please Reeyde -Comments: Marlene, the following are documents showing the newly recorded owner of the property pertaining to the Overland Mini -Storage Project. The new owner is Overland, LLC, and the managers' names are on the recorded deed of trust The "send tax notices to" address is the address of John Grunenwald (his home address) and he said to just mail correspondence there. So, unless I'm mistaken, this is ready for a new Development Agreement to be prepared with the connect names. I hope that which I have given you is sufficient. If not, please call and let me know. Thanks so much. Shelby Art h;. 4� vY A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 821 West State Street / Boise, Idaho 83702-5836 / Telephone (208) 336-6700 October 13, 1999 OVERLAND STORAGE, L.L.C., 1322 Torrey Lane Nampa, ID 83686 Attn: Michael D. Bledsoe Re: Escrow No. 184362 Seller: HOYT C. DOBSON Buyer: Overland Storage, L.L. C. Property: 1230 E. OVERLAND ROAD, MERIDIAN, ID 83642 Dear Mr. Bledsoe: . Enclosed for your records are the following documents: Buyers Closing Statement Escrow Instructions Tax Notice Acknowledgment and Approval of Plat Copy of recorded Deed of Trust #99097402 Your original Warranty Deed and Title Insurance Policy were forwarded to you yesterday under separate cover. We appreciate having had this opportunity to be of service to you. If you have questions or if we can help you again, please feel free to contact us. Very Truly Yours, Pioneer Title Company of Ada County (j'' JANET BLOSCH Senior Commercial Officer Enc. ADA COUNTY RECORDER J. DAVID NAVARRO PIONEER TITLE COMk11PAI OF ADA coLM SP 3 0 PM 4: 3 S M?r 821 West State Street / Boise, Idaho 83702 (208) 336-6700 8151 W. Rifleman Street / Boise, Idaho 83704 (208) 377-2700 P-184362 JB/HEH RECORDED -REQUEST OF ev FEE DEPUTY 99997401 PIONEER TITLE SPACE ABOVE FOR RECORDING DATA WARRANTY DEED 4^ , (INDIVIDUAL) �? s FOR VALUE RECEIVED HOYT C. DOBSON, as his separate estate and HOYT DOBSON, as Personal Representative of the Estate of MARY EDGLEY SPATES DOBSON, deceased t, _ GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto s :: .. OVERLAND STORAGE, L.L.C., an Idaho limited liability company GRANTEE(S), whose current address is: 1322 Torrey Lane, Nampa, Idaho 83686 S� the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: 'C LOTS 5 AND 6 IN BLOCK L OF TIMOTHY SUBDIVISION, ACCORDING TO THE PLAT THEREOF _ FILED IN BOOK #! OF PLATS AT PAGES 1923 and 1924, AND AMENDED BY AFFIDAVIT t" RECORDED UNDER INSTRUMENT NO. 7704108, RECORDS OF ADA COUNTY, IDAHO. ACKNOWLEDGMENT - Attorney in Fact STATE OF IDAHO, County of Ada, ss. On this 30th day of September, 1999, before me, Janet L. Blosch, a N5twwpr#V,gblic personally appeared MIKE WETHERELL known or identified to ,�,..5eep$C$be t�° person whose name is subscribed to the within instrument �• Ub P:yey in fact of HOYT C. DOBSON and acknowledged to me that ��scr ed;the name of HOYT C. DOBSON the to as principal and his uj o' nonEUa %tatorney in fact. •, O� i' A� Notary Public %. 'L• 4 .•aho Residing at: i Id �••••.•• STAI.O''*4 My Commission x res: March 17, 2005 ACKNOWLEDGMENT - Attorney in Fact/Personal Representative STATE OF IDAHO, County of Ada, ss. On this 30th day of September, 1999, before me, Janet L. Blosch, a Notary Public, personally appeared MIKE WETHERELL known or identified to me to be the person whose name is subscribed to the within instrument as the attorney in fact of HOYT C. DOBSON, the Personal Representative of the Estate of Mary Alice Edgley Spates Dobson, deceased, and acknowledged to me that he subscribed the name of HOYT DOBSO thereto as the Personal Representative and his own name as attorney -i act; and further acknowl- P,A®ednt#p, me that said personal representativ executed t ie x�ame.12 OSC I �''•., •lop zi O� �G =O v .x Y.1 T �•••••�O� 400 1 '°°sASTAT�,�'p',. Notary Public:Wei Residing at: I aho My commission : March 17, 2005 REdORDATION REQUESTED BY: Washington Mutual Bank doing business as 847 Parkcentre Way, Suite 7 Nampa, ID 83651 1999 SP 30 WHEN RECORDED MAIL TO: Washington Mutual Bank doing business as Western Bank 947 Parkcentre Way, Suite 7 Nampa, ID 93951 SEND TAX NOTICES TO: Overland Storage, LLC 2825 Hillcrest Lane Caldwell, ID 83605 'RECORDED•REQUEST OF • IRU ER �, FEE �r� DEPUTY 4135 99097402 PIONEER TITLE SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST IS DATED SEPTEMBER 23, 1999, among Overland Storage, LLC, whose address Is 2825 Hillcrest lane, Caldwell, ID 83605 (referred to below as "Grantor"); Washington Mutual Bank doing business as Western Bank, whose address Is 847 Parkcentre Way, Suite 7, Nampa, ID 83651 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Pioneer Title Company of Ada County, whose address Is 821 West State Street, Bolse, ID 83702 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby Irrevocably grant, bargain, sell and convey In trust, with Power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantors right, tile, and Interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; efi easements, Alights of way, and appurtenances; all property, tlncludi g withohts and uthintilatiorights n aluding mineratock In utilities with ditch or ls oil, gas, geothermal and slMlar rights); matters, located IngAal de GaOunity,10 d5t8t9 of tildaho (the "Real Property"): Lots 5 and 6 In Block 1 of Timothy Subdivision, according to the Plat thereof filed In Book 31 of Plata at Pages 1923 and 1924, and amended by Affidavit recorded under Instrument No. 7704108, Records of Ada County, Idaho The Real Property or Its address is commonly known as 1230 East Overland, Meridian, ID 83642. Grantor presently assigns to Lender (also known as Beneficiary In this Deed eOrsf Trrust)a all f Grantender or's UNhi, titl� and eslnte e�de aIn and to all Inhere 1 In the resent and future leases of the Property and all Rents from the Property. 9 Rents and the Personal Property defined below. DEFINITIONS. The fonowing words shall have the following meanings when used In this Deed of Trust. Terms not otherwise defined In this Deed of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code. All references to doper amounts shell mean amounts In lawful money of the United States of America. Beneficiary. The word "Beneficiary" means Washington Mutual Bank doing business as Western Bank, is successors and assigns. Washington Mutual Bank doing business as Western Bank also Is referred to w "Lender' In this Dead of Trust. Deed of Trust The words "Dead of Trust' mean this Deed of Trust smog Grantor, Lender, and Trustee, and Includes without limastion all assignment and security Interest provisions relating to the Personal Property and Rents. Grantor. The word "Grantor" means any and all persons and entities executing this Deed of Trust, Indudig without Nntlatlon overland Storage. I.I.C. Guarantor. The word "Guarantor' means and Includes without fimltation any and all guarantors, sureties, and accommodation parties In connection with the Indebtedness. Improvements. The word "Improvements" means and Includes without Ikr don all existing and hrture Improvements, buildings, structures. mobile homes affixed on the Reel Property, facilities, additions, replacements and other construction on he Real Property. Indebtedness. The word "Indebtednese means an principal and Interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses Incurred by Trustee or Lender to enforce obligations of Grantor under this Deed of Trust together anyodInterest est on x00.00 amounts as provided In this Deed of Trust. The Ilan of this Deed of Trust shall not exceed ei neim Lender. The word "Lender" means Washington Mutual Bank doing business as Western Bank, its successors and assigns. mount of -00 from Grantor Note. The word together t with all renewals, ens the te dated xtensions, September ot dineetiu s ern nc Ings original ndgsub tituutions principal to Note. The maturity date of the Note is October 1, 2000. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Properly; together with all accessions, pans, and additions to, an replacements of, and all substitutions for, any of such property; and together with all proceeds oncluding without limitation all Insurance proceeds and refunds of premiums) from any safe or other disposition of the Property. Property. The word "Properly" means collectively the Real Property and the Personal Property. Real Property. The words "Red Popery" mean the property, Interests and rights described above In the "Conveyance and Granr section. Related Documents. The words "Related Documents" mean and Include without limitation all promissory notes, credit agreements, ban agreements, environmental agreements, guerantles, security agreements, mortgages, deeds of trust and all other Instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, Income, Issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means Pioneer Tile Company of Ada County and any substitute or successor trustees. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Grantor shall pay to Lender ail amounts secured a/ this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of he Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (a) remain In possession and control of the Property, (b) use, operate or manage the Property, and (c) collect any Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform an repairs, replacements, and maintenance ,9-23-1999 DEF TRUST Page 2 Loan No 0001 © Hued) necessary to preserve Its value. Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release,' and "threatened falsest," as used In this Deed of Trust, shall have the same meanings as set forth In the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"). the Supedund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARNI, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act 42 U.S.C. S6ctlon 6901, at seq., or other applicable stale or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The terms "hazardous we ate" and "hazardous substance" shall also Include, without Nmltation, petroleum and petroleum by-produc any eahsnbeen not and asbestos. Grantor represents and warrants to Lender that: (a) During the period of Grantors ownership of the Property, use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender In writing, (I) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (Ip any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender In writing, (1) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shag use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Property and (II) any such acUvfty shat be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without Nmltallon those laws, regulations, and ordinances described above. Grantor authorizes Lender and Its agents to enter upon the Property to make such Inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shag not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence In Investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against Lender for Indemnity or contribution In the event Grantor becomes gable for cleanup or other costs under any such laws, and (b) agrees to Indemnity and hold harmless Lender against any and an claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the Deed tedness tof Trust, his Deed of Trust ind shathe ll riot be affected Indemnify,ation to Lendersshag �quisPothe on of art Of the my interest In the Property, whether by foreclosurthe satisfaction and e reconveyance orwise. I the Nen of Nuisance, Waste. Grantor shat not cause, conduct or permit any nuisance nor comarxi, portal, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without Urnlgrg the generality of the foregoing, Grantor will not remove, or grant to any other parry the right to remove, arty Umber, minerals (Including on and gas), son, gravel or rock products without the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to Inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of an governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the Americans With Disabilities Act. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor has notified Lender In writing prior to doing so and so long es, In Lender's sole opinion, Lender's Interests In the Property are not Jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders Interest. Duty to Protect Grantor agrees neither to abandon nor leave unamended the Property. Grantor shall do all other acts, In addition to those acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare Immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, wNhoul the Lender's prior written consent, of an or any part of the Real Property, or arty Interest In the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or Interest therein; whether legal, beneficial or equitable; whether voluntaryor Involuntary; whether by outright sale, deed, Installment safe contract, land contract, contract for deed, leasehold Interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial Interest In or to any land trust holding title to the Real Property, or by any other method of conveyance of Real Property Interest. 11 any Grantor Is a corporation, partnership or United liability company, transfer also Includes any change In ownership of more then twenty -live percent (25%) of the voting stock, partnership Interests or United liability company Interests, as the case may be, of Grantor. However, this option shag not be exercised by Lender If such exercise Is prohibited by federal law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and gens on the Property are a pan of this Deed of Trust. Payment Grantor shag pay when due (and In all events prior to delinquency) an taxes, special taxes, assessments, charges (Including water and sewer), lines and Impositions levied against or on account of the Property, and shall pay when due all cialms for work done on or for services rendered or material furnished to the Property. Grantor shag maintain the Property free of all Hans having priority over or equal to the Interest of Lender under this Deed of Trust, except for the Nen of taxes and assessments not due and except as otherwise provided In this Deed of Trust. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation to pay, so long as Lenders Interest in the Property Is not Jeopardized. If a lien arises or Is filed as a result of nonpayment Grantor shag within fifteen (15) days after the Ilan arlses or, If a lien Is filed, within fifteen (15) days after Grantor has niece of the Irving, secure the discharge of the lien, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest Grantor shag defend Itself and Lender and shaft satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any r materials are supplied to the Property, If any mechanic's Ren, meterialmen's Nen, or other Nen could be asserted on account of the work, services, or materials. Grantor wiN upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property we a part of this Dead of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering an Improvements on the Real Property In an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender. Grantor shag also procure and maintain comprehensive general liability Insurance in such coverage amounts as Lender may request with trustee and Lender being named as additional Insureds In such Rahility Insurance policies. Additionally, Grantor shag maintain such other Insurance, Including but not Wired to hazard, business Interupgon, and boiler Insurance, as Lender may reasonably require. Poncies shag be written In form, amounts, coverages and basis reasonably acceptable to Lender and Issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from Ume to time the policies or certificates of Insurance In form satisfactory to Lender, including stipulations that coverages wig not be cancelled or diminished without at least ten (10) days' prior written notice to Lender. Each Insurance policy else shall Include an endorsement providing that coverage In favor of Lender will not be Impaired In any way by any act, omission or default of Grantor or any other person. Should the Real Property of any time become located In an area designated by the Director of the Federal Emergency Management Agency as a special good hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the lug unpaid principal balance of the ban and any prior Hens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. Application of Proceeds. Grantor shelf promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss If Grantor tells to do so within fifteen (15) days of the casually. Whether or not Lender's security Is Impaired, Lender may, at he election, receive and retain the proceeds of any insurance and appy the proceeds to the reduction of the Indebtedness, payment of any Ilan affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoratlon and repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor Is not In default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shag be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued Interest and the remainder, 11 any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds atter payment In fug of the Indebtedness, such proceeds shag be paid to Grantor as Grantor's Interests may appear. ,b4--23—"'999 QEF TRUST Page 3 Loan No 0001 Inued) unexpired Insurance at Sale. Any unexpired Insurance shag Inure to the benefit lel, and Pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sate or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Property. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shag furnish to Lender a report on each existing policy of Insurance showing: (a) the name of the Insurer, (b) the risks Insured; (c) the amount of the policy; (d) the property Insured, the then current replacement value of such property, and the manner of detemaning that value; and (e) the expiration date of the policy. Grantor shag, upon request of Lender, have an Independent appralser satisfactory to Lender determine the cash value replacement cost of the Property. EXPENDITURES BY LENDER. If Grantor fags to comply with any provision of this Deed of Trust, or g any action or proceeding Is commenced that would materially affect Lender's Interests In the Properly, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender expends In so doing will beer Interest at the rate provided for in the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. Ag such expenses, at Lenders option, will (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either p) the term of any applicable InsuThisrance Dead of lTryustt also will secureipayment of these amountterm of the Note, or s. Thbe eated as a balloon rightsprovided for In this paragnt rch aph aph shall be In addue andfition to any oat ther rights rights orr any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Properly are a pan of this Deed of Trust. Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all liens and encumbrances other than those set forth In the Real Property description or in any title Insurance policy, title report, or final title opinion Issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the fug right power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the into to the Property against the lawful doling of all persons. In the event any action or proceeding Is commenced that questions Grantor's the or the Interest of Trustee or Lender under this Deed of Trust, Grantor shag defend the action at Grantor's expense. Grantor may be the roMnal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of Lenders own choke, and Grantor will deliver, or cause to be delivered, to Lender such InsWmonts as Lender may request from time to time to Perrin such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation proceedings are a pert of this Deed of Trust. Application of Not Proceeds. If all or any pert of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase In lieu of condemnation, Lender may at he election requite that an or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable cools, expenses, and attorneys' lees Incurred by Trustee or Lender In connection with the condemnation. Proceedings. If any proceeding In condemnation Is glad, Grantor shag promptly notify Lender In writing, and Grentor shall promptly take such steps as may be necessary to defend the action and obtain the swerd, Grantor may be the nominal party In such pro, an ding, but Lender shag be entitled to participate In the proceeding and to be represented In the proceeding by counsel of its own choice, and Or lot wig deliver or cause to be delivered to Lender such Instruments as may be requested by it from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions totaling to governmental taxes, lees •arm and charges are a part of this Deed of Trust: _ Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents In addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's gen on the Reel Property. Grantor shag reimburse Lender for all taxes, as described below, together with all expenses Incurred In recording, perfecting or continuing this Deed of Trust, Including without Ornhallon all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (a) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (b) a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (c) a In on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Grantor. Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Deed of Trust, this event shag have the same effect as an Event of Default (as defined below), and Lender may exercise any or all of Its available remedies for an Event of Default as provided , below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provlded above In the Taxes and Liens 1 section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions totaling to this Deed of Trust as a security agreement are a part of this Deed of Trust. Security Agreement. This Instrument shag constitute a security agreement to the exlem'any of the Property constitutes fixtures or other personal property, and Lender shall have all of the rights of a secured parry under the Uniform Commercial Code as amended from time to tints. Security Interest. Upon request by Lender, Grantor shag execute Financing statements and take whatever other action Is requested by Lender to period and continue Lender's security Interest In the Rents and Personal Property. In addition to recording this Deed of Trust In the real property records, Lender may, at any time and wilhout further authorization from Grantor, file executed counterpane, copies or reproductions of this Deed of Trust as a financing statement. Grantor shag reimburse Lender for all expenses Incurred In perfecting or continuing this security Interest. Upon default, Grantor shell assemble the Personal Property In a manner and at a place reasonably convenient to Grantor and Lender and make It available to Lender within three (3) days after receipt of written demand from Lender. Addressee. The malting addresses of Grantor (debtor) and Lender (secured parry), from which Information concerning the security Interest granted by this Deed of Trust may be obtained (each as requited by the Uniform Commerclal Code), are as stated on the first page of this Deed Of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney -In -fad are a part of this Deed t of Trust. Further Assurances. At any time, and from time to Uma, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be Ned, recorded• refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, cortificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, confinus, or preserve (a) the obligations of Grantor under the Nola, this Deed of Trust, and the Related Documents, and (b) the gens and security Interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by low or agreed to the contrary by Lender In writing, Grantor shelf reimburse Lender for all mete and expenses Incurred In connection with the matters referred to In this paragraph. Attorney -In -Fact. 11 Grantor fags to do any of the things referred to In the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably appoints Lender as Grantor's attorney -In -lad lot the purpose of making, executing, delivering, gllng, recording, and doing all other things as may be necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to In the preceding paragraph. FULL PERFORMANCE If Grantor pays all the Indebtedness when due, terminates the One of credit, and otherwise performs all the obligations Imposed upon Grantor under this Deed of Trust, Lender shag execute and deliver to Trustee a request for fug reconveyance and shag execute and deliver to Grantor suitable statements of termination of arty financing statement on file evidencing Lender's security Interest In the Rents and the Personal Property. Any reconveyance lee required by law shag be paid by Grantor, n permitted by applicable law. DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of De(aull") under this Deed of Trust: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or Insurance, or any other payment necessary to prevent living of or to effect discharge of any gen. Default In Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's or any Grantor's ability to repay the Loans or perform their respective obligations under this Deed of Trust or any of the Related Documents. .09 23-1999 DF OF TRUST (,� Page a Leen No 0001 timed) Compliance Default. Failure of Grantor to comply with any other t✓lrm, obligation, covenant or condition contained In this Deed of Trial, the Note or In any of the Related Documents. - False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Deed of Trust, the Note or the Related Documents is false or misleading In any material respect, either now or at the time made or furnished. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be In full force and effect (Including failure of any collateral documents to create a valid and perfected security Interest or Nen) at any Into and lot any reason. Death or Insolvency. The dlssoluson (regardless of whether election to continue is made), any member withdraws from the Nmiled Nabli ty company, or any other terrNnation of Grantor's existence es a going business or the death of any member, the Insolvency of Grantor, the appointment of a receiver for any pert of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor. Foreclosure, Forfeiture, etc. Conxnencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, this subsection shag not apply In the went of a oreclosure or forefellure proceeding, provided that Graood faith ntoren gives Grantor as to �l es Lender written noticeof such validity or �leness of the clalm which Is the basis of the i claimfurnishes and fures reerves or asurety bond for the delm sagsfsclory to Lender. Breach of Other Agreement. Any breech by Grantor under the forms of any other agreement between Grantor and Lender that Is not remedied within any grace period provided therein, Including without Imitation any agreement concerning any Indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with rasped to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or Nablllty under, any Guaranty of the Indebtedness. Lender, at its option, may, but shag not be required to, permit the Guarantor's estate to assume unconditionally the obligations &doing under the guaranty In a manner satisfactory to Lender, and, in doing So, cure the Event of Defouft. Adverse Change. A material adverse change occurs In Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is Impaired. Insecurity. Lender in good faith deems itself Insecure. Right to Cure. If such a failure Is curable and N Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding Waive (12) months, It may be cured (and no Event of Default will have occurred) N Grantor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires =to then fifteen (15) days, inn edietely Initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce complance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at Its option, may exercise any one or more of the following rights and remedies, In addition to any other rights or remedies provided by law: Notice of Default. In the event of default, Lender shelf execute or cause the Trustee to execute a written notice of such default and of Lender's election to cause the Property to be sold to satisfy the Indebtedness, and shag cause such notice to be recorded In the office of the recorder of each county wherein the Real Property, or any part thereof, Is situated. Accelerate Indebtedness. Lender shag have the right at Its option without notice to Grantor to declare the entire Indebtedness Immediately due and payable, Including any prepayment penally which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shell - have the right to foreclose by judicial foreclosure, In either case In accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shag have all the rights and remedies of s secured parry under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of and manage the Property and tolled the Rents, Including amounts pat due and unpaid, and appy the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-In-fad to endorse Instruments received In payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender In response to Lender's demand shelf satisfy the obligations for which the payments are made, whether.or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either In person, by agent or through a receiver. Appoint Receiver. Lender shag have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to tolled the Rents from the Property and apply the proceeds, over and above the cot of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shag exit whether or rat the appered value of the Properly exceeds the Indebtedness by a substantial amount. Employment by Lender shall not dlsqualfy a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains In possession of the Property after the Property Is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall becorne a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shag have any other right or remedy provided In this Deed of Trust or the Note or by law. Notice of Sale. Lender shag give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the Ono ager which any private sale or other Intended disposition of the Personal Property Is to be made. Reasonable notice shag mean notice given at least len (10) days before the Imo of the safe or disposition. Any sale of Personal Property may be made In conjunction with any safe of 1116 Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to havethe Property marshalled. In exercising Its rights and remedies, the Trustee or Lender shelf be free to sell all or any part of the Property together or separately, In one sale or by separate sales. Lender shag be entitled to bld at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed, Trustee, without demand on Grantor, shag seg the property at the time and piece fixed by it In the notice of sale at public auction to the highest bidder for cash In lawful homey of the United Stales, payable at Irre of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or Implied. The recitals In such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costs, lees and expenses of Trustee and of this Trust, including cot of evidence of Igo and reasonable attorneys' fees, Including those In connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, rot then repaid with Interest thereon as provided in this Deed of Trust; (b) all Indebtedness secured hereby; and (c) the remainder, N any, to the person or persons legally enfilled thereto. Waiver; Election of Remedies. A waiver by any parry of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the parry's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy provided In this Deed of Trust, the Note, In any Related Document, or provided by law shag not exclude pursuit of any other remedy, and an election to make expenditures or to take soften to perform an obligation of Grantor under this Deed of Trust ager failure of Grantor to perform Shag not affect Lender's right to declare a default and to exercise any of fie remedies. Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terns of this Deed of Trust, Lender shell be emWed to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action Is Involved, all reasonable expenses Incurred by Lender which In Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of Its rights shag become a part of the Indebtedness payable on demand and shall bear Interest at the Note rale from the date of expenditure until repaid. Expenses covered by this paragraph Include, without Imitation, however subject to any f1mlts under applicable law, Lender's reasonable attorneys' fees whether or not there Is a lawsuit, Including reasonable attorneys' lees for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), appeals and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (Including foreclosure reports), surveyors' reports, appraisal lees, title Insurance, and lees for the Trustee, to the extent permitted by applicable law. Grantor also wig pay any court costs, In addition to all other sums provided by law. Rights of Trustee. Trustee shag have all of the rights and duties of Lender as set forth In this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pert of this Deed of Trust. Powers of Trustee. In addition to an powers of Trustee arising as a matter of law, Trustee shag have the power to take the following actions with �, 0923-1999 Loan No 0001 TRUST U Page 5 0 respect to the Property upon the written request of Lender and Grantor: (a) loin In preparing and filing a map or plat of the Real Property, Including the dedication of sheets or other rights to the public; (b) join In granting any easement or creating any reebktion on the Real Property; and (c) join In any subordination or other agreement affecting this Dead of Trust or the Interest of Lender under this Deed of TruaL Obligations to Notify. Trustee shag not be obligated to no" any other party of a pending sale under any other bust deed or Ilan, or of any action or proceeding In which Grantor. Lender, or Trustee shall be a parry, unless the action or proceeding Is brought by Trustee. Trustee. Trustee shag meet an qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above• with respect to all or any part of the Property, the Trustee shag have the right to foreclose by notice and sale, and Lender shag have the right to foreclose by judicial foreclosure, In either case In accordance with and to the lug extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from lime to time appoint a successor Trustee to any Trustee appointed hereunder by an Instrument executed and acknowledged by Lender and recorded In the office of the recorder of Ada County, Idaho. The Inslrumenl shall contain, In addition to all other matters requited by stale law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust Is recorded, and the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by Lender or He successors In Interest. The successor trustee, without conveyance of the Property, shag succeed to all the this, power, and duties conferred upon the Trustee In this Deed of Trust and by app0cabie law. This procedure lot substitution of trustee shag govern to the exclusion of all other provisions for substitution. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be In writing, may be sent by telelecelmlle (urdess otherwise requited by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, If mailed, shall be deemed effective when deposited In the United States mail lust class, cadged or registered mag, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any parry may change Its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice Is to change the party's address. AN copies of notices of foreclosure from the holder of any gen which has priority over this Deed of Trust shall be sent to Lender's address, as shown new the beginning of this Deed of Trust. For notice purposes, Grantor agrees to keep Lender and Trualee Informed at all times of Grantor's current address. STATUTORY DISCLOSURE. Under Idaho law, a promise or commitment to lend money or to grant or extend credit in an original principal amount of fifty thousand dollars ($50,000.00) or more, made by a person or entity engaged In the business of lending money or extending credit, Is a "covered transaction" and must be In writing and signed by the party charged to be valid. Since this loan Is for an amount of fifty thousand dollars ($50,000.00) or more, It is a "covered transaction" and any agreement concerning this loan must be In writing to be valid. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constllules the entire understanding and agreemant of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shag be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property Is used for purposes other than Grantor's residence, Grantor shag furnish to lender, upon request, a oersted statement of net operating income received from the Property during Grantor's previous fiscal year In such form and detall as Lender shall require. "Net operating Income" shag moan all cash receipts from the Property less all cash expenditures made In connection with the operation of the Property. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of Idaho. This Deed of Trust shall be governed by and construed In accordance with the laws of the State of Idaho. Caption Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provision of this Deed of Trust. Merger. There shag be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate In the Property at any time held by or for the benefit of Lender In any capacity, without the written consent of Lender. Multiple Parties. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shag mean each and every Grantor. This means that each of the persons signing below Is responsible for all obligations In this Dead of Trust. Severablllly. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Invalid or unenforceable as to any person or circumstance, such finding shag not render that provision Invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provtslon shag be deemed to be modified to be within the Omits of enforceability or validity; however, If the offending provision cannot be so modified, it shag be stricken and all other provisions of this Deed of Trust In all other respects shall remain veld and enforceable. Successors and Assigns. Subject to the Ilmhatlons stated In this Deed of Trust on transfer of Grantor's Interest, this Deed of Trust shall be l binding upon and Inure to the bonefg of the parties, their successors and assigns. If ownership of the Property becomes vested In a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time ts of the essence In the performance of this Deed of Trust.' Waivers and Consents. Lender shag not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver Is In writing and signed by Lender. No delay or omission on the pan of Lender In exwcising any right shag operate as a waiver of such right or any other right. A waiver by any party of a provblon of this Deed of Trust shag not constitute a waiver of or prejudice the parry's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shelf constitute a waiver of any of Lender's rights or any of Grantor's ob0gagons as to any future transactions. Whenever consent by Lender Is required In this Deed of Trust, the granting. of such consent by Lender In any Instance shag not constitute continuing consent to subsequent Instances where such consent Is required. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the Stale of Idaho as to as Indebtedness secured by this Deed of Trual. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: Overland Storage, LLC By: Jo % By. � Joe a e Jr., nager J n W. Grunemval , Manager By Mic al Bledsoe, M0YAoso Manager —*et�eL .09-23-7999 Loan No 0001 TRUST ITED LIABILITY COMPANY Page 6 0 STATE OF 0 1 )83 couNTY OF 6OW'10 N ) oft�7'Ni3 E'R- , In the year 199, before me , e notary w puU9c ilr artQ fif 5te19 of Idaho, personally appeared Joseph D. Ballenger, Jr., Member of Overt and S Drage, LLC; ohn W. Grunenwald, �+ Manager Of verlNagai. LLC; and Michael Bledsoe, Member of Overland Storage, LLC, known or Identified to me (or proved to me on the '> oayt of: a % c 1, to be members or designated agents In the fimlted liability company of Overland Storage, an 11 rr�Rbblt(s�ir.deslg led agents who subscribed said finked liability company name to the foregoing Instrument, and acknowledged to me thatlh n a I] d�he R Id fi ted liability company name. A ' Residing at / y/ Q.a•Np. ILLI Nota IdrIld11h My cpm Isslon aapirea REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid In full) To: , Trustee The undersigned Is the legal owner and holder of all Indebtedness secured by this Dead of Trust. All Sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to arty applicable statute, to cancel the Note secured by this Deed of Trust (which Is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Dead of TruK the estate now held by you under this Deed of Trust. Please me# the reconveyance and Related Documents to: Date: Beneficiary: By: Its: LASER PRO. Rea• U.S. P.J. &7.M. Off., Ver. 3.27.1.) 1999 CFI Pro SeMcee, Ino. All d0hu reserved.11D-001 E3.27 F2.2r P0.2r OVERe001.LN Ce.OVLI NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on November 16, 1999, for the purpose of reviewing and considering the application of Overland Mini -Storage, LLC for annexation and zoning of 7.25 acres from single family residential with acreage to commercial lots and mini -storage facility. Furthermore, the application requests a conditional use permit to construct a mini -storage facility on lot 2 of proposed Overland Mini -storage Subdivision and a Preliminary Plat for Overland Mini -Storage Subdivision.. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of October, 1999;ILLkIAMG. RG, JR.(tlW CLERK PUBLISH October 29 and November 12, 1999 • OWNER OWNADD3 TREASURE VALLEY BAPTIST CHUR1300 S TEARS AVE IDAHO KING CORPORATION THE 1109 MAIN ST STE 500 SWINDELL MAX & BLANCHE AND 1109 MAIN ST DOBSON HOYT C & MARY A 600 W 76TH AVE APT 303 TREASURE VALLEY BAPTIST 1300 S TEARE SWINDELL MAX & BLANCHE AND 1109 MAIN ST SPORTSMAN POINTE OWNERS PO BOX 344 GEM PARK II PARTNERSHIP PO BOX 344 BONAR SCOTT D & 1620 S SPORTSMAN WAY PHAKDY SAM & 1362 E SHEPHERD ST MORTENSEN DAVID H 1328 E SHEPHERD ST RADA JOHN D & BEVERLY R 1300 E SHEPHERD ST BARBER CURTIS L & MICHELLE 1272 E SHEPHERD ST OLIVER CHARLES LEE & 1244 E SHEPHERD ST REYNOLDS FAMILY TRUST 2153 S RETI EVER WAY DIXON SCOTT ALLEN & HEATHER 1186 E SHEPHERD ST JACKSON ROCKY L 1158 E SHEPHERD ST WARF LAMOYNE & KAREN K 1120 E SHEPHERD ST BORUP CONSTRUCTION INC 2250 N MERIDIAN RD FLINT BRUCE L & KATHRYN M 1648 S SPORTSMAN WAY SHOEMAKER JAMISON R & TAMI L 1664 S SPORTSMAN WAY WARTMAN KIRK C AND 1379 E SHEPHERD ST KRAUSE JOHN S 1337 E SHEPHERD ST YAMAMOTO JAMES L & CYNTHIA S 1311 E SHEPHERD ST LEHMAN ROBERT J & JANA L 1289 E SHEPHERD ST JONES FRANKLIN H & PAULINE E 1265 E SHEPHERD ST GROVES DARRELL E & NANCY K 1239 E SHEPHERD ST ASHFORD JOHN S & SHARON A 1221 E SHEPHERD ST BROWN JAMES LEE & SHERRY L 1660 S RETRIEVER WAY KING DON M & 1167 E SHEPHERD ST COLEMAN KEVIN L 1139 E SHEPHERD ST JACOBS MARIE R 1661 S LABRADOR PL OWNRCITY OWN OWNERZIP MERIDIAN ID 836426614 BOISE ID 837025641 BOISE ID 837020000 ANCHORAGE AK 995182566 MERIDIAN ID 836420000 BOISE ID 837020000 MERIDIAN ID 836800344 MERIDIAN ID 836800344 MERIDIAN ID 836426684 MERIDIAN ID 836426694 MERIDIAN ID 836426694 MERIDIAN ID 836426694 MERIDIAN ID 836426694 MERIDIAN ID 836426694 MERIDIAN ID 836420000 MERIDIAN ID 836427434 MERIDIAN ID 836420000 MERIDIAN ID 836427434 MERIDIAN ID 836420000 MERIDIAN ID 836426684 MERIDIAN ID 836426684 MERIDIAN ID 836426694 MERIDIAN ID 836426694 MERIDIAN ID 836426694 MERIDIAN ID 836426694 MERIDIAN ID: 836426694 MERIDIAN ID 836426694 MERIDIAN ID 836426694 MERIDIAN ID 836427437 MERIDIAN ID 836427434 MERIDIAN ID 836427434 MERIDIAN ID 836420000 N 40 MCI NITY MAP W_ E OVERLAND MINI -STORAGE ......... Ns Eel 11 c4WE N�. 03 SPOR`7&"/pc SUB NO 07 ANTE SUB NO. 061 'S NO. PLAYGROUND SUB VIEW SUB 0.5 0 0.5 Mies — T3n1ep PINNACLE ENGINEERS, INC. i Subdi Stsevg 870 N. LINDER RD, STE B, MERIDIAN, 'D 83642 -760 FX 208887-7781 pDraote4/99116 S3n1e18 PH 208887 ** TX CONFIRMON REPORT ** DATE TIME TO/FROM 07 09/20 10:36 208 888 1097 AS OF SEP 20 160.36 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD## STATUS EC --S 00,37" 001 232 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridianwill hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on October 12, 1999, for the purpose of reviewing and considering the application of Overland Storage, LLC for annexation and zoning of 7.25 acres from single family residential with acreage to commercial lots and ministorage facility. Furthermore, the application requests a conditional use permit to construct a ministorage facility on lot 2 of proposed Overland Ministorage Subdivision located at 1230 Overland Road. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 161" day of September, 1999. ANG L. MS, DEPUTY CITY CLERK PUBLISH September 22 and October 6, 1999 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the33 East Idaho for the purpose City of Meridian will hold a public hearing at the Meridian City Hall, Street, Meridian, Idaho, at the hour of 7:00 p.m., on October 12, 1999, of reviewing and considering the application of Overland Storage, LLC for annexation and zoning of 7.25 acres from single family residential with acreage to commercial lots and ministorage facility. Furthermore, the application requests a conditional use permit to construct at ministorage facility on lot 2 of proposed Overland Ministorage Subdivision located 1230 Overland Road. is on file in the City A more particular legal description of the above properly Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 16 t day of September, 1999. / i .i'.MS, DEPUTY CITY CLERKL. PUBLISH September 22 and October 6, 1999 or 'r _ AA G sEkL T 1S'1 . NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the Ceof Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the 33 East Idaho City of Meridian will hold a public hearing at the Meridian City Hall, purpose Street, Meridian, Idaho, at the hour of 7:00 p.m., on October 12, 1999, for the of reviewing and considering the application of Overland Storage, LLC for annexation and zoning of 7.25 acres from single family residential with acreage to commercial lots and ministorage facility. Furthermore, the application requests a conditional use permit to construct ministorage facility on lot 2 of proposed Overland Ministorage Subdivision located at 1230 Overland Road. is on file in the City A more particular legal description of the above property available for inspection Clerk's office at Meridian City Hall, 33 East Idaho Street, and is during regular business hours. and all interested A copy of the application is available upon request. Any persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 16th day of September, 1999. PUBLISH September 22 and October 6, 1999 SEAL _ 9G6 ,�C? Q Os S1. N VICINITY MAP w E OVERLAND MINI -STORAGE NO Del SUB H IERIDIAN GREENS : r SPO POITE \\ D GREENS r�u. M �. / SPO �/PQ 0.5 IVIG ���•�� - '�' j iPORTSMAN POINTE SUB NO. .03 i F No. as SPO''POINTE NO. 04 SUB NO 07 9 PLAYGROUND SUB 0.5 Mmes T3nl ep PINNACLE ENGINEERS, INC. Subdiv 870 Nseg. LI NDER RD, STE B, MERIDIAN, ID 83642 Project # C996116 S3nlel8 PH 208-887-7760 FSC 208-887-7781 Date: 6/4/99 • r July 5, 2000 AZ 99-018 MERIDIAN CITY COUNCIL MEETING July 5, 2000 APPLICANT Overland Storage, LLC ITEM NO. S REQUEST Development Agreement - Addendum to Development Agreement for Overland Storage LLC amending Section 4.1 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached signed addendum X330 Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. FIRST ADDENDUM TO "DEVELOPMENT AGREEMENT" FOR OVERLAND STORAGE, L.L.C. AMENDING SECTION 4.1 WHEREAS, an error has been found in that certain "Development Agreement" by and between the City of Meridian and Overland Storage, L.L.C. in Section 4.1 therein and which should read as Section 6.1.1.; and WHEREAS, in order to correct this error it is necessary for the parties to enter into this Addendum. NOW, THEREFORE, it is agreed that: 1. That Section 4.1 of that certain "Development Agreement" by and between the City of Meridian and Overland Storage, L.L.C. dated the �— day of cT , 2000 is hereby amended to read as follows: 4.1 The construction, development, use, and maintenance of a ministorage facility consisting of ministorage buildings of various sizes not to exceed 80,430 square feet in total of all such buildings and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process, in which process conditions shall be provided for but are herein not limited to landscape/common area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes. 2. The originals of this Addendum are to be appended to the originals of the "Development Agreement". IT IS SO AGREED. DATED AND SIGNED this 54% day of c�� , 2000. First Addendum to Development Agreement for Overland Mini Storage, L.L.0 Amending Section 4.1 - (A7--99-018) Page 1 of 2 CITY OF MERIDIAN By: ATTEST: By: City Clerk 22 BY COUNCIL RESOLUTION No. ATTEST: BY RESOLUTION NO. OVERLAND STORAGE, L.L.0 Michael Bledsoe, managing member B �� By: Mic ael Bledsoe Owner/Developer Z:\Work\M\Meridian 15360M\Overland Ministorage\AddendumtoDevAgmt First Addendum to Development Agreement for Overland Mini Storage, L.L.0 Amending Section 4.1 - (AZ -99-018) Page 2 of 2 0 RESOLUTION NO • d �D BY: GGA-ai A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERIC TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, THE FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR OVERLAND STORAGE, L.L.C. AMENDING SECTION 4.1TO THE AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement, with Overland Storage, L.L.C., denoted as "DEVELOPMENT AGREEMENT", which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendums. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement with Overland Storage, L.L.C., entitled "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution for First Addendum to the Development Agreement for Overland Storage, L.L.0 (AZ -99-018) Page 1 of 2 • PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of i j - e"i &oanccz ATTEST: ty Clerk Z:\Work\N4\Meridian 15360M\Overland Resolution for First Addendum to the Development Agreement for Overland Storage, L.L.0 (A7--99-018) Page 2 of 2 CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. . That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 54 day of , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, THE FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR OVERLAND STORAGE, L.L.C. AMENDING SECTION 4.1TO THE AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement, with Overland Storage, L.L.C., denoted as "DEVELOPMENT AGREEMENT", which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendums. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: The Mayor and Clerk are hereby authorized to enter into and on behalf Certificate of Clerk (AZ -99-018) Page 1 of 2 of the City of Meridian that certain First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement with Overland Storage, L.L.C., entitled "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. r rk w SUL ✓,fide • �\```,`�� STATE OF IDAHO, j'"j�r►oa n+++`'` ss. County of Ada, • William G. Berg, Jr. On this �1 day of , in the year 2000, before me, a Notary Public in and for the State of Idaho, appeared WILLIAM G'" ERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. e°atat•• • °,`,�,rE: TIG ••° 1 • It walk •�OF1U�:•• Notabtida lic r Idaho Resi-ti Commission Expires: `7 -d& - O D Z:\Work\M\Meridian 15360M\Overland Ministorage\CertofClerkAddendumtoDevAgmt Certificate of Clerk (AZ -99-018) Page 2 of 2 YT I RECORDED- REQUEST OF An r C0UNTY P, CQRDER�. ''VT � ^ o � ��.la0J) FEEDEPUTY _ 2'U00AF20 ,l I:23- 3WI00029704 DEVELOPMENT AGREEMENT FILE COPY PARTIES: 1. City of Meridian 2. Overland Storage, L.L.C., Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 7th' day of Z;Jen-G1k_, , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and OVERLAND STORAGE, L.L.C., an Idaho Limited Liability Company, hereinafter called "DEVELOPER", whose address is 1322 Torrey Lane, Nampa, Idaho 83686 and the mailing address is 2825 Hillcrest Lane, Caldwell, Idaho 83605. 1. RECITALS: 1.1 WHEREAS, "Developer" 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 Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C -G), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" 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 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 DEVELOPMENT AGREEMENT - 1 • E 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 11 } 1.7 WHEREAS, City Council, the day of J C(4 - XKl 1999, 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" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" 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 1.10 WHEREAS, "City" requires the "Developer" 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 Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. 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. Development Agreement - Page 2 of 14 AZ -99-018 0 0 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": means and refers to Overland Storage, L.L.C. an Idaho Limited Liability Company, whose address is 1322 Torrey Lane, Nampa, Idaho 83686 and the mailing address is 2825 Hillcrest Lane, Caldwell, Idaho 83605, the party developing said "Property" and shall include any 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 those uses allowed under "City "'s Zoning Ordinance —codified at Section 11-2-408 B 11 Revised and Complied Ordinances of the City of Meridian and further limited to: The construction, development, use, and maintenance of a ministorage facility consisting of eight buildings of various sizes and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process, in which process conditions shall be provided for but are herein not limited to landscape%ommon area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes. Development Agreement - Page 3 of 14 AZ -99-018 9 9 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City "'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 The construction, development, use, and maintenance of a ministorage facility consisting of ministorage buildings of various sizes not to exceed 80,430 square feet in total of all such buildings and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process, in which process conditions shall be provided for but are herein not limited to landscape/common area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes. 7. 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" or "Developer "'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, 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. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Development Agreement - Page 4 of 14 AZ -99-018 0 0 "Developer" 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: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" 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. 10. DEFAULT: 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully 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. 10.2 A waiver by "City" of any default by "Developer" 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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer "'s cost, and submit proof of such recording to "Developer", 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. Development Agreement - Page 5 of 14 AZ -99-018 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", 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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" 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. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" 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. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates Development Agreement - Page 6 of 14 AZ -99-018 • 0 of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" 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. 17. 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: c/o 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: Overland Storage, L.L.C. 1322 Torrey Lane Nampa, Idaho 83686 mailing address of: 2825 Hillcrest Lane Caldwell, Idaho 83605 17.1 A parry 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. 18. 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. 19. 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 Development Agreement - Page 7 of 14 AZ -99-018 0 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. 20. 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", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" 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" 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". 22.1 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. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be Development Agreement - Page 8 of 14 AZ -99-018 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. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OVERLAND STORAGE, L.L.0 Michael Bledsoe, inp- member Bledsoe Attest: BY RESOLUTION NO. CITY OF MERIDIAN �. ROBERT •.. Attest: oj4Yt0OF i7iTltl/p��� CITY CLERK UVJ BY RESOLUTION NO. OU'p SEAL ey/ZAWork\M\Meridian 15360M\Overland Ministorage\DevelopA rP' r 11 Development Agreement - Page 9 of 14 �.�, �0,� ' 1k,���� AZ -99-018 0 0 STATE OF IDAHO ) :ss COUNTY OF ADA p_1 �� day of J �,u pit, U,�- , in the year 2000, before me, d'�'l_lb" "'Cu ar?,i Zk_,, a Notary Public, personally appeared Michael Bledsoe, managing member of Overland Storage, L.L.C., known or identified to me to be one of the members of the Limited Liability Company who executed the instrument and the members who subscribed said Limited Liability Company name and acknowledged to me that such Limited Liability Company had executed the same. (SEAL) 00� E= UG•. tib' OT k r � STATE OF County of Ada ) On Notaryu is for Idaho Commission expires: q /-*D0 On this 4-1% day of r(\ &A t%� , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie 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 meA's"t r!; ity executed the same. (SEAL) Notary lic for Idaho Commission expires: EXHIBIT A Legal Description Of Property LOT 5 AND 6 TIMOTHY SUBDIVISION Development Agreement -Page 10 of 14 AZ -99-018 A parcel of land for the purpose of annexation being Lot 5 and Lot 6 of Timothy Subdivision and the existing right-of-way adjoining said Lots as shown on the Plat thereof as recorded in Book 31 at Page 1923 of Ada County Record's, said Lots being situated in a portion of the SE 1/4 of Section 18, T.3N., RJE., Ada County, Idaho and being more particularly described as follows: Commencing at the SE corner of said Section 18, thence along the South line of said SE 1/4 S 89°44'18" W a distance of 622.02 feet to the POINT OF BEGINNING: Thence continuing along said South line S 89°44'18" W a distance of 714.94 feet to a point; Thence leaving said South line and along the Lot line common to Lot 4 and said Lot 5 of said Timothy Subdivision N 0°28'51" E a distance of 700.00 feet to a point; Thence along the Lot line common Lot 2 and said Lot 5 of said Timothy Subdivision N 51°26'32" E a distance of 21.83 feet to a 5/8 inch rebar; Thence along the exterior boundary of said Timothy Subdivision the following courses; S 68°22'27" E a distance of 410.39 feet to a 5/8 inch rebar; Thence S 29102144" E a distance of 639.50 feet to the POINT OF BEGINNING. Said parcel contains 7.90 acres more or less and is subject to all existing easements and rights-of-way of record or implied. EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Development Agreement - Page 11 of 14 AZ -99-018 MERIDIAN PLANNING & ZONING MEETING: OCTOBER 12 1999 APPLICANT: OVERLAND MINI -STORAGE ITEM NUMBER: 10__ REQUEST: AGENCY CITY CLERK CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: d 61 MERIDIAN POST OFFICE: ,"1 ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: �G NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: r� IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. Re: OVERLAND MINI -STORAGE by Overland Storage LLC/Pinnacle Engineers • Request for Annexation and Zoning of 7.25 Acres from M-1 to C -G • Request for a Preliminary Plat to create Four (4) Commercial Lots by Resubdividing Lots 5 and 6, Block 1, Timothy Subdivision. • Request for Conditional Use Permit for a Mini -storage Facility Consisting of Eight (8) Buildings of Various Sizes and One (1) Caretaker's Unit. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic ondomestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. AZ-99-016/CUP-99-031/PP-99-015 Overland Mini Storage.AZ.CUP.doc • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS City Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 •Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 MEMORANDUM: October 6, 1999 To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City EngineerC�c Steve Siddoway, Assistant Planner iL 4 , • moi. �.. _ ., Re: OVERLAND MINI -STORAGE by Overland Storage LLC/Pinnacle Engineers • Request for Annexation and Zoning of 7.25 Acres from M-1 to C -G • Request for a Preliminary Plat to create Four (4) Commercial Lots by Resubdividing Lots 5 and 6, Block 1, Timothy Subdivision. • Request for Conditional Use Permit for a Mini -storage Facility Consisting of Eight (8) Buildings of Various Sizes and One (1) Caretaker's Unit. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic ondomestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. AZ-99-016/CUP-99-031/PP-99-015 Overland Mini Storage.AZ.CUP.doc 0 0 P&Z Commission/Mayor & Council October 6, 1999 Page 2 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public and in accordance with City Ordinance Section 11-2- 414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. ANNEXATION AND ZONING COMMENTS 1. This parcel is shown on the Meridian Comprehensive Pian as being Mixed/Planned Use Development. Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. The property is located along the north side of Overland Road, west of Locust Grove Road, north of Sportsman Pointe Subdivision. 2. Due to the numerous uses that are currently permitted in the C -G zone, a development agreement should be required as a condition of annexation. The development agreement should address, among other things, specific landscape/common area requirements, right-of- way dedication prior to submitting for building permits, signage restrictions, bike lanes, etc. The development agreement may require all future uses to be approved under the conditional use permit process and/or possibly provide for outright restriction of certain uses. 3. The legal descriptions submitted for annexation appear to meet the requirements of the Idaho State Tax Commission and the City of Meridian. Approved copies of the legal descriptions have been sent to the City Attorney's Office for their use in the preparation of an ordinance. PRELIMINARY PLAT COMMENTS 1. Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Overland Mini Stomp AZ.CUP.doc AZ -99-016/C UP -99-031 /PP -99-015 0 0 P&Z Commission/Mayor & Council October 6, 1999 Page 3 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian to re-evaluate assessments after 12 months of full occupancy. 4. Respond in writing to each of the comments contained in this memorandum by noon on October 8, 1999. 5. Please submit revised copies of the preliminary plat map with all buildings, sidewalks, driveways, etc., screened back, so that the proposed lot limes with scaled dimensions for the plat are clearly defined. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office prior to the public hearing by the City Council. 6. Sanitary sewer service to this site will be via extensions from existing mains that were installed adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 7. Water service to this site will be via extensions of existing mains installed adjacent to the proposed development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. 8. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 9. Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area that will be required under the planned development guidelines (minimum of 10% of gross land area), primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 10. Please show all existing easements for sanitary sewer, irrigation/drainage facilities located within the boundaries of this proposed development. The City of Meridian owns and maintains a 12 -inch diameter sanitary sewer main along the northeaseerly boundary of this proposed site. The preliminary plat map shows a drainage detention facility over and within the sewer easement area. No subsurface drainage facilities will be allowed within the easement areas. Overland Mini St=ge.AZ.CUP.dw AZ-9M16/CUP-"-031/PP-99-015 0 P&Z Commission/Mayor & Council October 6, 1999 Page 4 11. As Overland Road is designated an entryway corridor in the Meridian Comprehensive Plan, a minimum 35 -foot -wide planting strip beyond required right-of-way along Overland Road shall be constructed. 12. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 13. All required fencing is to be in place prior to applying for building permits. 14. The majority of this proposed development is FEMA floodplain boundary designation Zone X (Areas of 500 -year flood; areas of 100 year flood with average depths of less than 1 foot or with drainage areas less than I square mile; and areas protected by levees from 100 ;year flood.) The designations are shown on the "Countywide Flood Insurance Rate Maps" with an effective date of September 22, 1999. The City of Meridian requires Developments within flood plains to obtain a permit for Flood Plain Development from the Meridian Building Department prior to the commencement of any work. CONDITIONAL USE COMMENTS 1. Provide detailed signage plans for review and approval. Signage details need to be approved as part of this application. Detailed signage plans are subject to design review and separate permits. Temporary and A -frame signs and banners shall be prohibited and will be removed after 3 days notice to the owner. The sign location shown on the plan is not on the lot used for the mini -storage use and as such, is an off -premise sign. Off -premise signs are prohibited as per Section 11-2415-C-6 of the Zoning & Development Ordinance. Therefore, approval of this sign location will require a Variance application and approval from City Council. 2. Office area of the Caretaker's unit shall meet all current Codes and comply with the Americans with Disabilities Act for parking and access. 3. No fencing details were shown on the plan. Non-combustible fencing will be required for the boundary adjacent to Nine Mile Creek. Please submit details, considering public safety and aesthetics in the design. 4. Assessment fees for water and sewer service to the office/residence shall be determined during the building plan review process. 5. State agencies recommend that grassy swales be used for pretreatment of stormwater. Drainage swales shall not be approved within the 35 -foot -wide planting strip adjacent to Overland Road. overland Mini stor p AZ.CUP.doc AZ-99-016/CUP-99-031/PP-99-015 0 P&Z Commission/Mayor & Council October 6, 1999 Page 5 6. All driveways, parking, and vehicle use areas are to be paved. 7. The site plan does not allow for any landscaping on the mini -storage lot. The site plan must be revised to incorporate landscaping and the required number of trees. One three-inch (3') caliper tree is required per 1,500 st of asphalt on the site. Calculations showing total asphalt area and required number of trees must be provided on face of a landscape plan. A variance application must be filed with the City if the applicant does not wish to comply with this requirement. 8. Provide detailed landscape plan for review and approval, including sizes and species of trees, shrubs, and all proposed ground cover/treatment. Planting areas should not be less than 6' in any dimension. 9. Solid walls of storage buildings are not aesthetically pleasing, will visually impact all surrounding properties, and need to be softened with landscaping. Staff recommends that trees be placed at a minimum of 35 feet on center around the perimeter of the property. 10. Applicant shall coordinate trash receptacle locations and construction requirements with Meridian Sanitary Service Company and provide a letter of approval from their office prior to applying for a Certificate of Zoning Compliance. Dumpsters are not typically provided at storage facilities due to misuse. However, if provided, they must be screened on at least 3 sides per City Ordinance. 11. The three parking spaces proposed will be inadequate to accommodate the demand for parking on site by customers and others who come to help them move in and out of the storage units. The Zoning Ordinance does not specify parking requirements for storage facilities, so the applicant should make a case for the number of spaces they will provide. Handicap parking will also have to be provided. 12. It is unclear how circulation will work on the site. Is access restricted by a gate? If so, where is the gate located? The site plan should be revised to show these details. COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Land Use Chapter Overland/1-84 Mixed Use Policies These areas are unique in that they are surrounded by arterials, immediately adjacent to the freeway overland Mini Stomp.AZ.CUPAOC AZ-99-016/CUP-99-031 /PP -99-015 0 0 P&Z Commission/Mayor & Council October 6, 1999 Page 6 (I-84), are relatively level in topography; have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed. uses. Probable mixed uses for the areas could be commercial, combined medium -to -high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.7 Detailed market studies should be undertaken to explore and clarify the issues that are related to mixed-use development in these areas. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously -developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84 ... and Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. ovaUW Mini storWAZ.CUP.doc AZ-99-016/CUP-99.031/PP-99-015 P&Z Commission/Mayor & Council October 6, 1999 Page 7 Natural Resources Chapter Vegetation: Throughout the Meridian area are outstanding natural tree and shrub corridors along the creeks and drains. These vegetation resources are critical to wildlife and aesthetic values. It is essential that community leaders protect and preserve natural vegetation along all creeks and drains within the Meridian area. l.lU Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. 2.lU Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.lU Manage and prevent unsuitable uses along drainageways and protect the flood plains of creeks and drains. Transportation Chapter 1.4U Monitor and coordinate the compatibility of the land use and transportation system 1.5U Encourage clustering of uses and controlled access points along arterial, collector and section line roads. Community Design Chapter 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 1.8 The appearance of natural creeks (Five Mile, Nine Mile, Ten Mile and South Slough) throughout commercial activity centers, industrial review areas, residential areas and Old Town should be improved and harmonized with adjoining land uses in order to protect water quality of the streams for beneficial uses, as well as to enhance their environmental amenities. 2.1U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. Entryway Corridors—{Overland Road is identified as an entryway corridor.) ovMwW Mini SwrW.AZ.CUP.&c AZ-99-016/CUP-99-031 /PP -99-015 P&Z Commission/Mayor & Council October 6, 1999 Page 8 Entryway corridors are a community's "front door." It is acknowledged that the corridor's trees (or lack thereon, commercial signage, and site character provide the first, and oftentimes the most lasting, impression of the entire community. Strong messages are delivered to the traveling public and to local citizens alike. The community's economic vitality, its willingness to ensure the safety and well-being of its citizens, its degree of concern for the natural environment, and the respect citizens have for one another are but a few of the messages. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Depending on the configuration of existing streets, land uses and site configuration, more extensive landscaping and more concern for site character may be required in Meridian. Conversely, the design review process will afford the opportunity to address the special features of each property and facility on a case-by-case basis. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. Staff recommends that annexation and zoning be approved with a development agreement and that the preliminary plat and conditional use permit hearings be continued until acceptable plans incorporating all comments are received. Overland Mini Storage.AZ.CUP.doc AZ-99-016/CUP-99.031/PP-99-015 Mayor KUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208)887-2 . 211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 - Faz 887-1297 TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 28, 1999 TRANSMITTAL DATE: August 25, 1999 HEARING DATE: October 12-1999 1999 FILE NUMBER: AZ -99-018 REQUEST: OVERLAND MINISTORAGE SUBDIVISION BY: OVERLAND STORAGE LLC LOCATION OF PROPERTY OR PROJECT: 1230 OVERLAND ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER r r r,• srk. )LA MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) C YOUR CONCISE REMARKS: - Q -q 1) C�C 0 KUB OF TREASURE VALLEY 0 Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN City Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 •Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 28, 1999 TRANSMITTAL DATE: August 25, 1999 HEARING DATE: October 12. , 1999 FILE NUMBER: AZ -99-018 REQUEST: OVERLAND MINISTORAGE SUBDIVISION BY: OVERLAND STORAGE LLC LOCATION OF PROPERTY OR PROJECT: 1230 OVERLAND ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT. SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: i.�e a5 I)INNACLt Engineer -s' Inc. TO: Shari Stiles Planning and Zoning Administrator 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: October 8, 1999 RE: Overland Mini -Storage Ms. Stiles: RECEIVE OCT 12 1999 CITY OF MERIDIAN CITY CLERK OFFICE In accordance with your staff report dated October 6, 1999 on the above referenced project, we submit the following response: GENERAL REQUIREMENTS 1. We concur with staff and agree that any existing irrigation/drainage ditches crossing the property will be tiled 2. The only existing wells or septic systems on the site are associated with the existing residence. Upon application to modify the use of this residence, connection to City sewer and water will be completed. 3. Off street parking is provided for the mini -storage and additional parking for the remaining lots will be provided as each lot is developed. 4. Paving and striping will be in accordance with City Code and Americans with Disabilities Act requirements. 5. A drainage plan will be submitted to the City Engineer for review and approval in accordance with City Code. 6. Outside lighting will be provided as per City Code. 7. All signs will be in accordance with City Code. 8. All sidewalks provided will be five foot in width as per City Code. 9. All construction will be in accordance with the Americans with Disabilities Act. 870 NORTH LINDER SUITE B 1 MERIDIAN, IDAHO 83642 1 (208) 887-7760 - FAX (208) 887-7781 CI ANNEXATION AND ZONING COMMENTS 1. The Comprehensive Plan does designate this are for Mixed/Planned Use Development and is being processed as a Planned Unit Development. 2. We, concur with'staff and agree that a development agreement should be entered into as a part of the Annexation and Zoning of this property. 3. We concur with staff and anticipate no problems with the legal description submitted. PRELIMINARY PLAT COMMENTS 1. Approval letters from the Street Name Committee and County Engineer will be submitted approving the subdivision name and street names. 2. Location of fire hydrant placement will be coordinated with the City Water Works Superintendent and Fire Department. 3. We concur with staff and agree to enter into a Re -Assessment Agreement with the City to re- evaluate assessments after 12 months of full occupancy. 4. This letter is our response as required. 5. Revised copies of the preliminary plat map are being submitted for review. 6. Sanitary sewer services will be provided as required by the City. 7. Water services will be provided as required by the City. 8. Streetlights will be installed as per City requirements. 9. Underground irrigation will be provided to all lots and landscape areas and maintained by the development association. 10. Drainage for the site will be retained on site. Plans will be modified to remove any drainage facilities outside the City sewer easement. 11. Although we cannot find specific City Code requirements for a 35' planting stripe along the Overland Road right-of-way, we have modified our plans to reflect a 30' planting stripe. 0 12. Fencing of the property will be provided prior to application for building permits. 13. Permits for floodplain Development will be applied for prior to commencing any work. CONDITIONAL USE COMMENTS 1. A detailed sign plan is being provided with this comment letter. 2. The Caretaker's unit will be constructed to comply with City Code and ADA for parking and access. 3. Fencing for the facility will be chain link fencing. Site obscuring slats for the fence will not be provided as perimeter landscaping will be provided to meet the needs for site obscuring. 4. We concur with staff. 5. We concur with staff and do not plan on the use of grassy swales within the 30' planting,strip adjacent to Overland Road. 6. We concur with staff and all parking and drives will be paved. 7. We have provided a modified site plan reflecting landscaping for the mini -storage lot which complies with the requirements of the City Code. 8. Same as above. 9. See #7 above. 10. The number of trash receptacles and location will be coordinated with SSC. 11. We have modified the plan to provide for 4 parking spaces located adjacent to the caretaker unit, outside the gated area of the facility. 12. The revised site plan indicates the location of the gate. Circulation with the mini -storage lot is not designated as all driveways between the buildings are 25' in width and sufficient to accommodate traffic in both directions. COMPREHENSIVE PLAN POLICIES 1. We concur with staff's review of the City Comprehensive Plan. Any deficiencies noted by staff were not brought to our attention until notified by staff on October 7, 1999, in association with the staff report dated October 6, 1999. We have provided staff with revised site plans, sign drawings, and a revised preliminary plan. We have not problems with staff s recommended conditions of approval and ask the Commission to act on all three of our applications. We have addressed all of the concerns of staff and would like a decision from the Commission on October 12, 1999. If you have any questions or comments regarding this matter, please call me at (208) 887-7760. Since , ��R be C. Unger Project Manager cc: File C996116 PINN6CLE Engineers , Ric. 870 N. LINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 FAX WE ARE SENDING YOU ❑ Shop drawings ❑ 11 x 17 Drawing(s) ❑ Copy of letter LETTER OF TRANSMITTAL DATE: d JOB NO: r?��11y / (o ATTENT N: RE: /�XA Y ❑ Attached ❑ Under separate cover via ❑ Blueprints ❑ Sepias/Vellums ❑ Calculations ❑ Specifications ❑ 3 1/2" disk ❑ Mylar/Ammonia Mylar ❑ Field Report ❑ Change Order ❑ � DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For review ❑ For your use ❑ As requested ❑ For review and comment ❑ No exceptions taken ❑ Make corrections noted ❑ Revise and Resubmit El ❑ Resubmit ❑ Submit _ ❑ Return _ the following items ❑ 8-1/2 x 11 Drawing(s) _ copies for approval copies for distribution corrected prints 0 0 MERIDIAN CITY COUNCIL MEETING: DECEMBER 7 1999 APPLICANT: OVERLAND STORAGE LLC AGENDA ITEM NUMBER: Z REQUEST: ANNEXATION AND ZONING OF 7.25 ACRES FOR OVERLAND STORAGE SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: W� IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 9 0 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH PHILIP A. PETERSON KATHY J. EDWARDS STEPHEN L. PRUSS JULIE KLEIN FISCHER ERIC S. ROSSMAN WM. F. GIGRAY, III TODD A. ROSSMAN D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE •ALSO ADMITTED IN OR •ALSO ADMITTED IN WA William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680.1150 TEL (208) 288.2499 FAX (208) 288-2501 Email via Internet @ wfg@wppm9.c0m December 2, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE REcErvED DEC 0 3 1999 City of Meridian City Clerk Office Re: OVERLAND STORAGE, LLC / ANNEXATION AND ZONING FINDINGS and the DEVELOPMENT AGREEMENT Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of November 16, 1999, and which were on the agenda for December 7, 1999. I have also attached the originals of the Resolution and Certificate of the Clerk for the Development Agreement. I have also attached hereto the Development Agreement for the above matter. After the Council's meeting of December 7, 1999, When the Council has approved the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners for signatures. If you have any questions please advise. Very trul o Wm. F. Gigray, II msg\Z:\WOrk\M\Meridian 15360M\Overland MinistorageTFCL and DevAgt0k.1tr 4. Meridian City Council hong December 7, 1999 Page 3 OVERLAND ROAD,'/4 MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: ITEM R. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL — 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: ITEM S. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO. 3 BY WIRT EDMONDS AND CRAIG GROVES — WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: ITEM T. ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: ITEM U. REQUEST FOR ONE-YEAR EXTENSION OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO. 4 BY BRIGHTON CORPORATION — PORTION OF THE WEST Y2 OF THE WEST Y2 OF SECTION 3, T.3N., R.1 W: ITEM V. ENGINEERING AGREEMENT — "NO NAME SEWER TRUNK": ITEM W. ENGINEERING AGREEMENT — FIVE MILE CREEK RELIEF SEWER PROJECT: ITEM X. ENGINEERING AGREEMENT — 1999 VW TP TRUNK SEWER EXTENSION PROJECT: ITEM Y. ENGINEERING AGREEMENT — 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: ITEM Z. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE- FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI -STORAGE FACILITY BY OVERLAND MINI - STORAGE, LLC: APPROVED Rountree: City Council meeting for the City of Meridian in order at 7:37. City Clerk, would you do roll -call. Welcome this evening. We have quite an agenda before us, but we hope to do away with about a page and a half of it in short order here. Bear with me. I'm substituting for the Mayor who is going to be gone Meridian City Council M&g December 7, 1999 Page 4 for a white this evening, I don't know how long. I'm the City Council President, Charlie Rountree. The first items on the agenda this evening is the Consent Agenda. Any discussion? Bird: I have none. Rountree: Mr. Bentley. Bentley: I have none. Rountree: I'll entertain a motion on the Consent Agenda. Bird: Mr. President. On the Consent Agenda, I move that Item L be tabled until the 21 ", I believe, December 21 st. Rountree: January 4"'. Bird: Okay. To January 0. On the rest of it, I move that we approve the Consent Agenda with the Staffs comments from our Pre -Council meeting recorded, and that we have voice vote because we have some contracts involved here. Rountree: You all done? Do I hear a second? Bentley: Second. Rountree: Its been moved and seconded that we approve the Consent Agenda with tabling of Item L and including the Staff comments on the Items as discussed in the Pre -Council briefing. Voice vote; Councilman Bentley. Bentley: Aye. Rountree: Councilman Bird. Bird: Aye. Rountree: Councilman Rountree; aye. All in favor. The Consent Agenda is passed. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM I. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR . 0 November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16 1999 APPLICANT: OVERLAND MINI STORAGE LLC ITEM #: 20 REQUEST: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI STORAGE FACILITY AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE RECOMMENDATION CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COUNTY HIGHWAY DISTRICT: ADA t ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The Request For ANNEXATION AND ZONING OF 7.25 ACRES For OVERLAND STORAGE SUBDIVISION, at 1230 OVERLAND ROAD By OVERLAND STORAGE, LLC Case No. AZ -99-018 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 7.25 acres in size and is located at 1230 Overland Road. The property is designated as Overland Ministorage Subdivision. 2. The owner of record of the subject property is Hoyt C. Dobson, of 600 W. 76th Ave., Apt. 303, Anchorage, Alaska. Idaho. 3. Applicant is Overland Storage LLC, of 1322 Torrey Lane, Nampa, 4. The property is presently zoned by Ada County as Limited Industrial (M-1), and consists of a single family residence with acreage. 5. The Applicant requests the property be zoned as Meridian General Retail and Service Commercial (C -G). 6. The proposed site of the subject property is located north of Overland Road west of Locust Grove Road south of I-84 at 1230 Overland Road. RECOMMENDATION TO CITY COUNCIL - I ANNEXATION AND ZONING - OVERLAND MINISTORAGE SUBDIVISION - OVERLAND STORAGE, LLC • 7. The subject property is bordered to the north and east by Ada County Rural Transitional (R -T), to the south by Sportsman's Point subdivision, to the west by the Timothy Subdivision, and city limits of the City of Meridian are adjacent and abut to the northwest corner of the subject property. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: construction and development of a ministorage facility consisting of eight buildings of various sizes and one caretaker unit. 11. The Applicant requests zoning of the subject real property as General Retail and Service Commercial. It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - OVERLAND MINISTORAGE SUBDIVISION - OVERLAND STORAGE, LLC n COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Land Use Chapter Overland/I-84 Mixed Use Policies These areas are unique in that they are surrounded by arterials, immediately adjacent to the freeway (I-84), are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, combined medium -to -high density residential, open space uses (as a means to buffer RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - OVERLAND MINISTORAGE SUBDIVISION - OVERLAND STORAGE, LLC highway noise), tourist lodging, industrial, office, medical, and related land uses. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.7 Detailed market studies should be undertaken to explore and clarify the issues that are related to mixed-use development in these areas. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously -developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - OVERLAND MINISTORAGE SUBDIVISION - OVERLAND STORAGE, LLC 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84 ... and Overland Roads, high- quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. Natural Resources Chapter Vegetation: Throughout the Meridian area are outstanding natural tree and shrub corridors along the creeks and drains. These vegetation resources are critical to wildlife and aesthetic values. It is essential that community leaders protect and preserve natural vegetation along all creeks and drains within the Meridian area. 1.1 U Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. 2.1U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U Manage and prevent unsuitable uses along drainageways and protect the flood plains of creeks and drains. Transportation Chapter I AU Monitor and coordinate the compatibility of the land use and transportation system. RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING - OVERLAND MINISTORAGE SUBDIVISION - OVERLAND STORAGE, LLC 1.5U Encourage clustering of uses and controlled access points along arterial, collector and section line roads. Community Design Chapter 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 1.8 The appearance of natural creeks (Five Mile, Nine Mile, Ten Mile and South Slough) throughout commercial activity centers, industrial review areas, residential areas and Old Town should be improved and harmonized with adjoining land uses in order to protect water quality of the streams for beneficial uses, as well as to enhance their environmental amenities. 2.1U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. Entryway Corridors—(Overland Road is identified as an entryway corridor.) Entryway corridors are a community's "front door." It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site character provide the first, and oftentimes the most lasting, impression of the entire community. Strong messages are delivered to the traveling public and to local citizens alike. The community's economic vitality, its willingness to ensure the RECOMMENDATION TO CITY COUNCIL - 6 ANNEXATION AND ZONING - OVERLAND MINISTORAGE SUBDIVISION - OVERLAND STORAGE, LLC safety and well-being of its citizens, its degree of concern for the natural envirorunent, and the respect citizens have for one another are but a few of the messages. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Depending on the configuration of existing streets, land uses and site configuration, more extensive landscaping and more concern for site character may be required in Meridian. Conversely, the design review process will afford the opportunity to address the special features of each property and facility on a case-by-case basis. 4AU Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the recommendations of the Planning and Zoning Department and of the Engineering Department as follows: 1.1 This parcel is shown on the Meridian Comprehensive Plan as being Mixed/Planned Use Development. Development should be RECOMMENDATION TO CITY COUNCIL - 7 ANNEXATION AND ZONING - OVERLAND MINISTORAGE SUBDIVISION - OVERLAND STORAGE, LLC conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 1.2 Due to the numerous uses that are currently permitted in the C- G zone, a development agreement should be required as a condition of annexation. The development agreement should address, among other things, specific landscape/common area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions, bike lanes, etc. The development agreement may require all future uses to be approved under the conditional use permit process and/or possibly provide for outright restriction of certain uses. 1.3 Staff recommends that annexation and zoning be approved with a development agreement and that the preliminary plat and conditional use permit hearings be continued until acceptable plans incorporating all comments are received. Adopt the Meridian Fire Department's Recommendations as follows: 1.1 Applicants shall satisfy all fire code requirements. 1.2 Larger buildings will need fire stops built inside them. ZAWorlc\M\Meridian 15360M\Overland Ministorage\AZPZ.Rec RECOMMENDATION TO CITY COUNCIL - 8 ANNEXATION AND ZONING - OVERLAND MINISTORAGE SUBDIVISION - OVERLAND STORAGE, LLC November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16 1999 APPLICANT: OVERLAND MINI STORAGE LLC ITEM #: 21 REQUEST: PRELIMINARY PLAT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE RECOMMENDATION CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINISTORAGE SUBDIVISION, OVERLAND STORAGE LLC, Applicant Case No. PP -99-015 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 7.25 acres in size. The property is generally located at 1230 E. Overland Road in Meridian, Idaho. 2. The owner of record of the subject property is Hoyt C. Dobson of 600 W. 76th Ave. Apt. 303, Anchorage, Alaska. Idaho. 3. The Applicant is Overland Storage, LLC., of 1322 Torrey Lane, Nampa, 4. The subject property is currently zoned Ada County M-1 Limited Industrial. There is a pending application for annexation and zoning as Meridian C- G General retail and Service Commercial. The zoning of C -G is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B)(11). 5. The proposed site of the subject property is south of I-84, north of Overland Road, west of Locust Grove Road. 6. The subject property is within the city limits of the City of Meridian. RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -OVERLAND MINISTORAGE SUBDIVISION BY OVERLAND MINISTORAGE LLC 7. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 8. The Applicant proposes to develop the subject property in the following manner: construction and development of 81,000 sq.ft. of storage units as well as one caretaker unit for security. 9. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: Adopt the Ada County Highway District recommendations as follows: 1.1 Dedicate 48 -feet of right-of-way from the Centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -OVERLAND MINISTORAGE SUBDIVISION BY OVERLAND MINISTORAGE LLC benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 1.2 Locate any proposed gated entry a minimum of 50 -feet from Overland Road. Coordinate location of any proposed gated entry with District staff. 1.3 District policy requires the applicant to provide $14,000.00 deposit to the Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 700 -feet) prior to District approval of a final plat. 1.4 Construct two 30 -foot driveways with 15 -foot radii pavement tapers on Overland Road. Locate the western driveway 210 -feet east of the west property line and the eastern driveway located to align with Sportsman Way on the south side of Overland Road. 1.5 Provide a recorded cross access easement among the lots proposed in the subdivision for access to Overland Road prior to final plat approval. 1.6 Provide a note on the final plat stating that upon redevelopment of Lot 1, Block 1, the driveway to the single family dwelling will be closed and access to the lot will be provided from the shared driveway located 210 -feet east of the west property line. 1.7 Other than access points specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Central District Health Department's Recommendations as follows: 1.8 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT -OVERLAND MINISTORAGE SUBDIVISION BY OVERLAND MINISTORAGE LLC 1.9 Run-off is not to create a mosquito breeding problem. 1.10 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.11 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the City of Meridian Water Dept. recommendations as follows: 1.12 Interior water mains shall be private and meters shall be located at Overland Road right-of-way. Adopt the recommendations of the Planning and Zoning Department and the City Engineering Department as follows: 1.13 Applicant shall obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. 1.14 Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.1 S Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian to re-evaluate assessments after 12 months of full occupancy. 1.16 Applicant shall submit revised copies of the preliminary plat map with all buildings, sidewalks, driveways, etc., screened back, so that the proposed lot lines with scaled dimensions for the plat are clearly defined. Applicant shall submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office prior to the public hearing by the City Council. 1.17 Sanitary sewer service to this site will be via extensions from existing mains that were installed adjacent to the proposed RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT -OVERLAND MINISTORAGE SUBDIVISION BY OVERLAND MINISTORAGE LLC development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.18 Water service to this site will be via extensions of existing mains installed adjacent to the proposed development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 1.19 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.20 Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area that will be required under the planned development guidelines (minimum of 10% of gross land area), primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.21 Applicant shall show all existing easements for sanitary sewer, irrigation/drainage facilities located within the boundaries of this proposed development. The City of Meridian owns and maintains a 12 -inch diameter sanitary sewer main along the northeasterly boundary of this proposed site. The preliminary plat map shows a drainage detention facility over and within the sewer easement area. No subsurface drainage facilities will be allowed within the easement areas. RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT -OVERLAND MINISTORAGE SUBDIVISION BY OVERLAND MINISTORAGE LLC 0 ft 1.22 As Overland Road is designated an entryway corridor in the Meridian Comprehensive Plan, a minimum 35 -foot -wide planting strip beyond required right-of-way along Overland Road shall be constructed. 1.23 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 1.24 All required fencing is to be in place prior to applying for building permits. 1.25 The majority of this proposed development is FEMA floodplain boundary designation Zone X (Areas of 500 year flood; areas of 100 - year flood with average depths of less than 1 foot or with drainage areas less than I square mile; and areas protected by levees from 100 year flood.) The designations are shown on the "Countywide Flood Insurance Rate Maps" with an effective date of September 22, 1999. The City of Meridian requires Developments within flood plains to obtain a permit for Flood Plain Development from the Meridian Building Department prior to the commencement of any work. Z:\Worlc\M\Meridian 15360M\Overland MinistorageWPZ.Rec RECOMMENDATION TO CITY COUNCIL - 6 PRELIMINARY PLAT -OVERLAND MINISTORAGE SUBDIVISION BY OVERLAND MINISTORAGE LLC Meridian City Council M49 November 16, 1999 Page 45 Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES 0 ITEM 20. PUBLIC HEARING: REQUEST FOR ANENXATION AND ZONING FOR OVERLAND MINI -STORAGE OF 7.25 ACRES FROM SINGLE-FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI -STORAGE FACILITY BY OVERLAND MINI -STORAGE, LLC — 1230 OVERLAND ROAD: Corrie: Item No. 20 is a public hearing: Request for annexation and zoning for Overland Mini -Storage of 7.25 acres from single-family residential from acreage to commercial lots and mini -storage facility by Overland Mini -Storage, LLC, 1230 Overland Road. At this time, I'll open the public hearing on Item 20 and invite Staff to go first. Stiles: Mr. Mayor and Council, this is for the property on Overland Road immediately north of the Sportsman Pointe Subdivision. Nine Mile Creek comes down on the boundary here. This is where the Treasure Valley Baptist Church is. This area here has recently been annexed and is proposed as a roofing contractor's office and storage area. They have also submitted in the next two applications preliminary plat and a request for conditional use permit. The only use they have shown now is for storage units. We have asked for a Development Agreement to be entered into and would recommend approval with Staff and agency comments. Corrie: Okay. Thank you. Staff comments? Okay. Public hearing, (inaudible) from the applicant here tonight? Unger: Good evening, Mr. Mayor, Council members. My name is Bob Unger, I'm with Pinnacle Engineers. Our address is 870 North Linder Road, Suite B, Meridian, Idaho 83642. We represent the Overland Storage, LLC in this project. Shari, do you have the plat itself on here? There you go. Thank you. What we are proposing is a four -lot, or actually, four -lot subdivision. We have one, two, three, four lots in here. There's currently an existing house on this lot right here. We're asking that that house be allowed to continue to be there until such time as some sort of development could occur on it or a conditional use to modify the use of the structure. These two' lots would be used for commercial, some sort of commercial development in the future which would require conditional uses on Meridian City Council M49 November 16, 1999 Page 46 each of those lots. For development, this lot here, we are requesting approval for mini -storage facilities. They would be individual storage, and also they would be some other — recreational vehicle storage which would be covered. We have provided a landscape plan which provides landscaping around the perimeter as required by Staff and by Code. The zoning that we are requesting is a C -G which is compatible with the development which is currently occurring in the area. That zoning is compatible with policies and the goal of the City Comprehensive Plan. Sewer and water are available to the site. In fact, there is a sewer easement that runs along the edge of the property here which we are aware of and during Staffs review of the project, particularly Public Works Department, we were informed that we couldn't have any kind of drainage or anything over that easement, so we have no problems with that. We'll modify our drainage to comply with Staffs requirements. We have reviewed the Findings of Facts and Conclusions of Law and the conditions of approval from Staff and the recommendations from the Planning and Zoning Commission. We really have no problems with those conditions or the Findings of Facts and Conclusions of Law which have been forwarded to the Council. I believe at this point, we'll just stand for any questions that you might have. Corrie: Questions from Council? Bird: I have none. Rountree: I have none. Corrie: Okay. Thank you. I'm sorry. Mr. Bentley. Bentley: Do you want your testimony from this hearing included in the others? Unger: Yes. You could include my testimony on Items 21 and 22. Bentley: Thank you. Unger: Thank you. Corrie: Anyone else that would like to issue testimony on Item 20? Okay. Hearing none, I'll entertain a motion to close the public hearing on Item 20. Bentley: So moved. Anderson: Second. Corrie: Motion made and seconded to close Item No. 20 public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City Council M09 . November 16, 1999 Page 47 Corrie: Discussion? Recommendation? Bentley: I have no discussion. Corrie: Okay. I'll entertain a motion on the annexation and zoning. The proper Development Agreement. Shari? Stiles: Mr. Mayor, I don't have Findings in my — Corrie: We didn't. They're just recommendations. Just a little — (inaudible). Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we instruct the city attorney to prepare Findings of Facts and Conclusions of Law for the request for annexation and zoning of the mini -storage of 7.25 acres from single-family residential with acreage to commercial lots and mini -storage facility by Overland Mini -Storage and adopt the recommendations of Staff and P & Z. Bird: I second that. Corrie: Motion's made and seconded to approve the public request for annexation and zoning, Item No. 20, for the attorney to draw up the Findings of Facts and Conclusions of Law. Any further discussion? Bentley: Mr. Mayor, that needs to include a Development Agreement. Corrie: Okay. All right. Include the Development Agreement, okay with the second? Bird: Yeah. Corrie: Any other discussion? Hearing none, roll -call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Meridian City Council ME09 0 November 16, 1999 Page 48 Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 21. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI -STORAGE SUBDIVISION BY OVERLAND MINI -STORAGE, LLC — 1230 E. OVERLAND ROAD: Corrie: Item 21 is a public hearing: Request for preliminary plat for Overland Mini -Storage Subdivision by Overland Mini -Storage, LLC. At this time, I'll open the public hearing and invite Staff comments. Stiles: Mr. Mayor and Council, I'd ask that you incorporate testimony from the previous hearing and that all Staff and agency conditions be met. Corrie: Okay. Public hearing. We have Mr. Unger's on record for 21. Any other like to issue testimony on Item 21, public hearing? Okay. Hearing none, I'll entertain a motion to close the public hearing on Item 21. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on Item 21. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion on the preliminary plat. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the preliminary plat for the Overland Mini -Storage Subdivision by Overland Mini -Storage, LLC at 1230 E. Overland Road and for the attorney to draw the Findings of Facts and Conclusions of Law and Decision of Order with accordance with recommendations of the City and Planning. Corrie: We just need to order (inaudible). Bird: Yeah. Just an order. WME, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW KATHY J. EDWARDS JuLIEKLaN FIscHER WM. F. GIGRAY, III D. SAMUH. JOHNSON WIZIAM A. MORROW WILLIAM F. NICHOLS CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRuss ERic S. RossMAN TODD A. ROSSMAN R. STEPHEN RuTHHtFORD DAVID M. SWARTLEY TERRENCER. WHITE William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE POST OFFICE Box 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAx (208) 289-2501 E-MAIL: RSR@WPPMG.COM October 25, 1999 NAWA OFFICE 104 NINTH AVFNtIESOUTH POST OFFICEBOX 247 NAMPA, IDAHO 83653-0247 TEL. (208) 466-9272 FAX (208) 4664405 PLEASE REPLY TO MERIDIAN OFFICE R,F°ESD OCT 2 8 1999 CITY OF MERIDIAN Re: ' 'storage Subdivision Applicant: Overland Storage LLC Dear Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on November $, 1999. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, R Stephen Enclosure ey/Z:\Work\NWeridian 15360M\Overland Ministorage\AZCCIkEnc.ltr Meridian Planning an*Poning Commission Meeting October 12, 1999 Page 61 Borup: Item No. 8 – Item No. 9, public hearing: Conditional use permit to construct single -tenant commercial building with a drive-thru window by Hawkins -Smith Management. The same situation. Hatcher: Mr. Chairman, I move that we continue the public hearing for conditional use permit until November 9th. Brown: Second. Borup: Motion is seconded to continue until November 9th. All in favor? MOTION CARRIED: ALL AYES Borup: Thank you. This probably is an appropriate time for a short break. The break starts now. (At which time the meeting was in recess at 10:30 p.m.) Borup: I'd like to reconvene the Planning and Zoning meeting. Is that what this is? Brown: Can we poll the audience to find out which projects they're here for? ITEM 10. PUBLIC HEARING: ANNEXATION AND ZONING FOR OVERLAND MINI -STORAGE OF 7.25 ACRES FROM SINGLE FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI -STORAGE FACILITY BY OVERLAND MINI -STORAGE, LLC -1230 OVERLAND ROAD: Borup: Well, we've only got two left. Have we got anybody here for the mini -storage? Okay. I think that answers that question. Okay. That is the next item on the agenda. Item 10, annexation and zoning for Overland Mini -Storage of 7.25 acres. Staff, I take it is Shari. Stiles: Mr. Chairman, Commissioners, this is for the property on Overland Road just west of Locust Grove Road. This was the very popular 300 -unit apartment complex that was denied here. We have Nine Mile Creek running along here. We also have a sewer easement running along there. Sportsman Pointe right over here. We have the Treasure Valley Baptist Church here, recently a contractor's yard and additional area for the church was approved at this location. De Weerd: What's that K.D. Roofing? Stiles: Yes. We have submitted our comments. They have responded to our comments. They seem pretty much in agreement with everything. We still do need to have easements shown because we need to know where that Nine Mile Creek Meridian Planning an*ning Commission Meeting October 12, 1999 Page 62 easement falls on the land and also where our sewer easement falls. We have let the applicant's representative know they have prepared a landscape plan that shows extensive buffering of the storage area, and we've just made it clear that that same landscaping will need to be provided outside of any existing easements. Also they will need to comply with our 35 -foot planning strip, the 25 -foot driveways between the buildings, and I believe that they can accommodate those comments with not significant changes to the application. They also have presented a proposal for a sign that they have relocated that would be on the new lot that would be for the storage area, and they've proposed a 12 -by -5 foot sign approximately this location where the caretaker's house would be. That's all I have. Borup: Any questions for Shari? Mr. Unger, it's all yours. Unger: Good evening. Commission members, my name's Bob Unger. I'm with Pinnacle Engineers, and we represent the applicant on this project. Our address is 870 North Linder Road, Suite D, Meridian, Idaho. As Shari stated, we have reviewed the comments, we have responded back, and just prior to the hearing, we went over those comments and the reviews. We really had no problems with the staff's conditions. We have modified our plan from that one to this one right here, and the only real change that you're going to see is the relocation of the caretaker's residence here. This unit right here. And the parking and then we've provided a gated area here, and, of course, this would all be fenced all the way around. That's really the only modification that we have made from what you see right there. We certainly don't have any problems with the conditions of approval that staff has prepared, and we will provide the additional revisions that they've asked for showing the easements on the project. I would also like this testimony be included on the next two items also so we don't have to get back up and do this again. I will stand for any questions that you might have. Borup: Any questions for Mr. Unger? None? Thank you. Even though I asked earlier if anyone's — this is a public hearing. Do we have anyone here in the audience testifying on this application? Thank you. Commissioners — Brown: I move we close the public hearing. Hatcher: I second it. Borup: Motion and second to close the public hearing. All in favor? MOTION CARRIED: ALL AYES Brown: I move for the approval of the annexation and rezone for Overland Mini -Storage of 7.25 acres from single-family to — with acreage to commercial lots and a mini -storage facility by Overland Mini -Storage, LLC at 1230 Overland Road subject to staffs recommendations — do we have to do Findings of Facts? Borup: No. Meridian Planning anAning Commission Meeting October 12, 1999 Page 63 Brown: -- subject to staff's recommendations. Borup: We have a motion. Hatcher: I second the motion. Borup: Motion and second. Any discussion? De Weerd: Just a question for staff. Do you want a development agreement on this or you just going to take care of it under the CUP? Any conditions? And annexation and zoning, don't we normally have a development agreement? Stiles: We would request a development agreement. De Weerd: Okay. I didn't see it in your staff comments. Stiles: We would verbally request a development agreement. De Weerd: Thank you. Brown: I would amend my motion to require a development agreement. Hatcher: I concur with that. Second. Borup: Okay. We have a motion and a second. No additional discussion. All in favor? MOTION CARRIED: ALL AYES ITEM 11. PUBLIC HEARING: PRELIMINARY PLAT FOR OVERLAND MINISTORAGE SUBDIVISION BY OVERLAND MINISTORAGE, LLC - 1230 E. OVERLAND ROAD: Borup: Item No. 11, public hearing: Preliminary plat for Overland Ministorage Subdivision. Ms. Stiles, any additional comment? Stiles: No, sir. Borup: Mr. Unger, any additional comment? Unger: No, sir. Borup: Commission. Brown: I move we close the public hearing. i RESOLUTION NO gab FILE COPY RECEIV- 0EC ? a 15-99' CITY OF NIERID �'r BY: /(&, ACJ -cru A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I . The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. i • CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of ,- 1999, the following action has been taken and authorized: 2ooa A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with OVERLAND STORAGE, L.L.C, AN IDAHO LIMITED LIABILITY COMPANY, entitled "DEVELOPMENT CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 1 AGREEMENT", by and between the City of Meridian and OVERLAND STORAGE, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. %ilt,rs�t rrnrrr^r �, of 6 WIC LIA.M G. BERG, JR. CITY CLERK SCR A cc STATE OF IDAHO, ss: County of Ada, ) On this 1 441 day of Y� 6ti , in the year L999, before me, �1 ( .� , a Notary Public, appeared WILLIAM G. BERG, JR., known or icMritified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. *Samoa,* UG! UG •. a (SEAL) Nota ublic for IdahoR Commission Expires: lwori -,AN msg/ZAWork\M\Meridian 15360M\Overland Ministorage\CertiFClerkRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2