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• ~ MayorTammy de Weerd City Council Members: E IDIAN~-- Keith Bird ~ Brad Hoaglun Charles Rountree IDAHO David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: 30-Sep-12 Transmittal Date: July 31, 2012 File No.: MCU 12-003 .Hearing Date: September 6, 2012 Request: Public Hearing -Modify the time period for the gravel mining operation at Southridge Subdivision to allow the use to be extended an additional 18 months for Southridge Subdivision Gravel Mining By: Idaho Sand & Gravel Location of Property or Project: South of W. Overland Road 8~ the Ridenbaugh Canal & east of S. Ten Mile Rd within future development areas of Southridge Subdivison Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (No VAR, vac, FP) Building Department /Rick Jackson Fire Department Police Department City Attorney City Public Works/Scott Steckline City Planner Parks Department Economic Dev. City Engineer Meridian School District (IVo FP) Meridian Post Office (FP/PP/sHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cuP/SHP only) QW@St (FP/PP/SHP only) Intermountain Gas (FP/PP/sHP only> Idaho Transportation Dept. (No FP> Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control /Tim Page Your Concise Remarks: City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 •Fax 208-888-4218 • www.meridiancity.org • E IDIAN~-- Planning Department 1 D,a H a COMMISSION & COUNCIL REVIEW APPLICATION ._~ --~. . ;~ , fix. '~~~ ~-. . , x: ~~ Type of Review Requested (check all that apply) ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment ^ Conditional Use Permit STAFF USE ONLY: B Conditional Use Permit Modification () ~~ ~,~~ ~~~~ ^ Design Review File numbers ^ Development Agreement Modification ^ Final Plat ' ^ Final Plat Modification Project name: ~'C~'t/'/G ~S~C~i vi'Si ^ Planned Unit Development Date filed:"Z3~ i2_ Date co~e: -1-2-3' ~L ^ Preliminary Plat ^ Private Street Assigned Planner: ~nv~ «)2+i~rS ^ Rezone Related files: CUP- ~o' O IS ^ Short plat ^ Time Extension (Commission or Council) ^ UDC Text Amendment Hearing date: ~' ~' 12- I~ Commission ^ ^ Vacation (Council) ^ Variance Council ^ Other Applicant Information Applicant name: Idaho Sand & Gravel Phone: 941-1831 Fax: Applicant address: c/o Ryan Russell 924 W. Sugar, Nampa zip: ID 83687 E-mail: Applicant's interest in property: ^ Own ^ Rent ^ Optioned B Other Lease Owner name: Corey Barton Homes, Inc. Owner address: PO Box 369, Meridian, ID Agent name (e.g., architect, engineer, developer, representative): Firm name: Borton-Lakey Law Offices Address: 141 E. Carlton Ave., Meridian, ID _ Phone: zip: 83642 E-mail: Fax: Todd Lakey _ Phone: 908-4415 Fax: 493-4610 _ zip: 83642 E-mail: todd@borton-lakey.com Primary contact is: ^ Applicant ^ Owner B Agent ^ Other Contact name: Contact address: Subject Property Information Phone: Fax: Zip: E-mail: C~~l /vlini~q Location street address: W• Overland Road, SW of Ridenbaugh Canal -East of S. Ten Mile Assessor's parcel number(s): S1223244502 and S1223131350 Township, range, section: Sec. 23, 3N, 1 W Total acreage: 76+ Acres Current land use: Proposed Residential Current zoning district: R-4 and R-8 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29/11) Project Description • Project/subdivision name: Southridge Subdivision General description of proposed project/request: Request for additional 18 months under existing CUP 10-10-015. See attached Letter of Intent. Proposed zoning district(s): N/A Acres of each zone proposed: N/A Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial B Other Amend existing CUP to extend time 18 months. Amenities provided with this development (if applicable): N/A as t0 CUP Who will own & maintain the pressurized irrigation system in this development? N/A aS to CUP Which irrigation district does this property lie within? NMI D Primary irrigation source: Ridenbaugh Canal Secondary: City Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): N/A Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Proposed ding height: _ Aver e property size (s.f.): Net density (D cre-excluding roads & alleys): Percentage of open space provided: Acreag ~ open space: Percentage of useable open space: e Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, lic, common, etc): Type of dwelling(s) proposed: ^SingIe-family Townhomes ^ Duplexes ^MuIti-family Non-residential Project Number of building lots:_ Gross floor area proposed: Hours of operation (days a Percentage of site/project Total number Number ancY to the following: Building: Paving: inployees: Maximum number of employees at any one time: of students/children (if applicable): Seating capacity: Totalytdmber of parking spaces provided: Authorization Number of compact spaces provided: Print applicant name: ~~-~'-~. (''~ Applicant signature: ~ l~iV ble) Date: Other lots: Existing (if applicable): Building height: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 11/29/11) • • BORTON & LAKEY ~ LAWAND POLICY ~ 141 E Carlton Ave, Meridian, Idaho 83642 908-4415 (office) 493-4610 (fax) July 20, 2012 City of Meridian Development Services Department 33 East Broadway Avenue Meridian, ID 8364z Re: Idaho Sand and Gravel Application for Amendment CUP-10-015 Dear Development Services Department, On behalf of my client Idaho Sand and Gravel, I would like to submit this application to amend the previously approved Conditional Use Permit (CUP10-015) to enable Idaho Sand and Gravel to complete the remaining 18 months that were part of their original application. Our original application was for a time period of three years. That time period was Idaho Sand's best estimate of the time required, considering the market and site characteristics, to complete the grading and removal of material necessary to prepare the site for the approved development and comply with the approved reclamation plan. The Planning and Zoning Commission approved our previous application for a period of 18 months noting that we would need to come back for another hearing if we needed the remaining 18 months. Since our approval, we have considered the initial 18 months as an opportunity for us to demonstrate the we are a responsible company, that we go the extra mile in complying with the conditions imposed and are concerned about and responsive to our neighbors. Initially there is always a question of whether any project like this will be successful and compatible. That success and compatibility is dependent on the conditions required of the applicant and the responsibility of the company involved. We have demonstrated that the approval of this project has been a wise decision, beneficial to the community and that we are good and compatible neighbors. The past 18 months have passed fairly quickly. We have been a responsible operator and complied with the conditions of our approval. We have been very responsive to any communications received from our neighbors. We have received requests from two neighbors in the past 18 months and we responded promptly and satisfied their requests. Those neighbors are supportive of this application. We have the support of a number of our neighbors closest to our operation regarding this application for approval of the remaining 18 months. To our knowledge the City received one call in 18 months regarding some dust and we quickly addressed that issue as well. During the past 18 months we constructed berming along portions of the southern boundary. The berms are now vegetated. These berms have helped reduce noise and dust impacts. The placement of the stockpiles and location of the crushing equipment on site to the bottom of the Meridian Development Corpol~lfion • July 20, 2012 Page 2 excavated area has also reduced the noise impacts. The crushing only occurs during a very limited portion of the year. We have received no complaints at all about the noise from any operations on the sight. As we have talked with neighbors they have confirmed that the noise from the traffic on Overland Road is more noticeable than the noise from our operations. Although not required to do so, we also paved 800' of the entry road into the site to mitigate dust. Our plan has always been to complete the operations on the site in phases. The remaining phases are those involving the excavation and grading of the Southwest portion of the property. Idaho Sand needs the remaining 18 months to excavate and grade site in accordance with the approved reclamation plan. Completion of our operations on the site in compliance with the reclamation plan will put the property in the condition necessary for the approved development of the Southridge Subdivision. Our operations have been a benefit to the landowner as the property is being prepared for the approved development. The project has been a benefit to the surrounding area. This is a temporary use and the site work is being conducted over a shorter period of time overall and under specific conditions that would not otherwise exist if this property was excavated and developed over the years as part of the normal development of the property. The population density currently is still relatively low. As time passes and the area develops around the Ten Mile Interchange the potential for conflicting uses increases. This has been a successful operation for Idaho Sand in providing needed material for projects in the area. Providing material from this site for projects in the area benefits the taxpayer and the private developer in reducing costs. Over the past 18 months material from this site has been used in the following projects in Meridian: Public Work in Meridian • ITD- SH55 Eagle Rd, Fairview Ave to SH-44 • ACHD Ustick Road and Ten Mile Road Intersection • ACHD- Main Street- Franklin Road to Cherry Lane • ITD/ACHD Franklin Cloverdale Intersection • ITD/ACHD Franklin Road Touchmark to Five Mile • Victory Road Sewer Connector Trunk Line • ACHD 2012 Interim Traffic Signals • ACHD Victory & Locust Grove • Meridian WWTP • Ada County Weed & Pest Control Private Work in Meridian • Meridian Town Center Site Work • Meridian Town Center Village Phase • Eagle and Fairview Off-Site Improvements PH-1 (STARS Program ACHD and ITD involvement) • Kingsbridge Subdivision • Solitude Subdivision • Peterson Dealership- Remodel • Larkspur Subdivision • Bridge Tower Subdivision • Subway Restaurant • Jimmy Johns • CBH Homes (Multiple Locations) • Easy Jet Park • Tallamor Dr. • Landford Street Meridian Development Corp~ion • July 20, 2012 Page 3 Other projects in Meridian and the surrounding area will be coming forward in the next 18 months that will benefit from use of material from this site. These past projects have and future projects will continue to provide a benefit to the Meridian economy. Our desire is to continue what has been a net positive benefit to the City of Meridian and the surrounding area. Idaho Sand has proven itself as a good neighbor and that this short term use can be reasonably compatible with the existing uses under the conditions imposed while preparing the property for it future approved uses. This is simply a request that the previously approved CUP be amended to allow the remaining 18 months of our operation as requested in our original application. We are not proposing that any of the other previously approved conditions be revised or deleted. Our previous application was found by the Commission to be in compliance with the City code and Comprehensive Plan. The facts and circumstances have not changed in this matter. The Commission found that our proposal complied with the requirements to obtain a Conditional Use Permit as follows: 1. The site is large enough to accommodate the proposed use and dimensional development regulations of the R-2, R-4 and R-8 zoning districts. 2. The proposed use will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Title. The proposed use will ultimately prepare the site for future residential development, which is harmonious with the comprehensive plan. 3. The design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing character of the general vicinity and that such use will not change the essential character of the same area. Mass grading has previously been conducted on the property to the north of the site across Overland Road; excess material from that site was used in the construction of the Ten Mile Overpass. Because of the site's proximity to regional transportation infrastructure, the Commission finds the proposed use is compatible with neighboring uses. 4. If the applicant complies with the conditions outlined in this report, the proposed use should not adversely affect other properties in the area. 5. The proposed use will be adequately served by essential public facilities. The mass grading and material export aspects of the project have limited public facility needs, mainly consisting of access to public streets; the site has direct access to Overland Road. 6. The applicant will be financing any costs associated with the proposed use. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. Meridian Development Corpol~fion • July 20, 2012 Page 4 7. The construction traffic will increase with the approval of the proposed use in this location; however, the Commission does not believe that the amount of traffic generated will be detrimental to the general welfare of the public since the Comprehensive Plan and UDC anticipated the site to be developed with residential uses. If the applicant complies with the conditions of approval in the staff report, the Commission does not anticipate the proposed use will create excessive noise, dust, smoke, fumes, glare or odors. The Commission finds that the proposed use will not be detrimental to people, property or the general welfare of the area. 8. There should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 9. The duration and intensity of the proposed use are appropriately addressed in the conditions of approval. 10. The environmental impacts of the proposed mining activities are appropriately addressed in the conditions of approval including but not limited to dust, groundwater safety, storm water runoff, slope stability and preservation of natural resources. The Applicant is not requesting a change in any of the conditions other than the ability to operate for the additional 18 months. The facts have not otherwise changed and the Comprehensive Plan and UDC continue to support this application for the additional 18 months contained in our original application. This current application merits even stronger support because we now have a proven track record that the conditions imposed combined with Idaho Sand's responsible and respectful operations as a company on this site show that the operation is compatible with the surrounding uses and does not cause any significant harm to the public or the area. The applicant's use of the property has provided a benefit to the site in preparing it for future development under conditions imposed by the Commission and benefits to the community in providing material at a lower cost for public and private construction projects in the City of Meridian and the surrounding area. Based on our compliance with City Code and the Comprehensive Plan we respectfully request approval of this application. Please do not hesitate to contact me if you have any questions. Sincerely, -.~,/~( Todd M. Lakey CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES I : 15 ProjectlSubdivision Name: ~°`'+h n ~ ~ra~l '~ ~ ~-~-q __ Date: to - ~ a - i z- Applicant(s)/Contact(s): Tb~ d ~ax-eu ~ 2~ s~ ~ i ~ City Staff: Sor a Location: s. ~ Qrerrar~ e .~ i er N-~ ~e., Comprehensive Plan Future Land Use Map Designation: ~-o ~ r M~ R. Size of Property: 1~ Design Guidelines Development Context: ran Proposed Use: I ~e ac-h6v~, Proposed Zoning: - Existing Use: ~ ~ Existing Zoning: ~- 2 , rz-~f , ~ R' Surrounding Uses: res~den+~~wl ~- vaCa~+ Ian Street Buffer(s) and/or Land Use Buffer(s): - Open Space/Ameni6es/Pathways: Access/Stub Streets/Street System: - Sewer & Water Service: TopographyMydrologylFloodplain Issues: Canals/Ditches/IrrigationMazards: History: (~UP-10 -cD5 Additional Meeting Notes: -~ Mod -i-h~. 2Ki51'i'n G/P -fv e ~fn -Nti~. -I'+r+1e, nbd a.. e -IvaC-4- -'2~e1 Sim,. I OtherAgencies/Departments to Contact: ^ Ada County Highway District ^ Nampa Meridian Irrigation District ^ Public Works Department ^ Idaho Transportation Department ^ Settler's Irrigation District ^ Building Department ^ Sanitary Services Company ^ Police Department ^ Parks Department ^ Central District Health Department ^ Fire Department ^ Other. Application(s) Required: ^ Administrative Design Review Conditional Use Perm' ifica ransfer ^ Rezone ^ Alternative Compliance ~ Development Agreement Modification ^ Short Plat ^ Annexation ^ Final Plat ^ Time Extension -Council ^ City Council Review ^ Final Plat Modification ^ UDC Text Amendment ^ Comprehensive Plan Amendment -Map ^ Planned Unit Development ^ Vacation ^ Comprehensive Plan Amendment -Text ^ Preliminary Plat ^ Variance ^ Conditional Use Permit ^ Private Street ^ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord witit UDC 11-5A-5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3 (except for UDC text amendments, Comp Plan text amendmer~s, and vacations). The informafron provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to fhe UDCand/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four (4) months. • ~~ ~, ~ ~ ~- • ~~~~~~~ -G~~~~ _~~~~~~ °~Cs~~~zPz a ~ S ~ ~ IQ..o_.Q ~ ~. ~3 (~ ~ ~~ ~~?1'/' 1'J /./~CKSr7 d c'~ ~C ~~~ r.C/- ~`lz ?~ ~f .~rr;~„c~,~ ad-~~/ ~ ~ /J / " `~ L~ lL.~~. f ~.~i~(~ ~ 3O ~y D~ 5 (7wL ~ V 2 ~~ d' . g ~6 ~ Z D • -~ d ~ ~ ~ ~ ~ ~ n ~ ~ ~ ~ r ~ ~ ~ ~ ~ m nomx'~x z~~~~m to~~~~r~rr- ~~~~rmrr ~m~ma'-' xr c~~ x ~ z-~ ~ ~~m o~ o ~~, rd m xr~ ~~ ~ ~~ ~x z "~~ a ~Z~o r x~ ~~ ~ rim O n m ~ ~ ~ ~ O tr"' ~ -~ m ~ ~~ a ~ z N N N N N N N ~D W O N A O ~O O J V W A ~O U \O V \D W rgv,~nva~~m~~ ~m~mo`~~'~c~~n ~~ ~~ ~ ~ ~o ~o Ww~ O aJ O T ~J A U K ~ m <J ~~ct°n J 'JO ~ Ow m Cr] ~ t7"Cy ~ z z ~ .~ r .~ o o $ ~ z ~ ~~~' ~~~ ~~~~'~x~~~ ~~ ~ ~~ ~~~ m m m~ O m O m m 0 m m m m~ d d~ m d~ d d~ d ~~ d d ~: ~~~~o~~~~ ~~ ~ ~~ ~~~ dddd~odod dJ d d~ 75'~ 00 00 00 00 ~ N 00 N 00 00 ~O 00 00 pWp~~ W W W W W ppW~~ pW~ pWp~ ~ W W A A A A A' O A O A A O ? A N A A N N N N ~ ~ N O N N~ N N r N N O~ U O O W O~ O O U U O O O O O O O O V O~ O O O ~O O~ O O ~ ~D O O ~O 00 O O O COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-SA-SD, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-SA-5. ~~ Applicant/agent signature Date i • ~ a txt ~+ is ,,, !erbt~'+e Get W Vtrh+lt:'tA i~ z "'~.i %~'rir"`; THE ~ NOD ~GRQUP 4 . 3 ~ ~r r ,~:. _~ t~ .~:;n +~~~ 6Ji S $',~.5iia Ph~~e ! f?~ aC4 < r.ttx h'~ y3"s,»<d ~~ ~.~ .., Gm,~~ >>~.M fi~. Sri .~:h. ~h~ ~,>.>,~>-.~:p,.. Southridge Gravel Mining Conditional Use Permit Vicinity Map Meridian Idaho ~~,cy ~: v~~ 1 tT3 .~ .~ U} ,-. ~E m a m u~ 0 O U iu ~ ;iw~a uo!~!Puo ~Id el!S'8 I ;,~~ ~- 1 ~ ~ O iG ~! B !ene~~ n~etnJenp ~e(ad • ;~ $ a v~ 1 I i a $~a~~ ~If4d w xlo~~~ g ~~---~ , uedsuN ~~ z ~ ~ ~~ ~~ i-~~ ~ ~-- - - f ~~ ~,, /; `~. 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ACCOMM.(,~p,,~nn- RECORDING WARRAN7"Y DEED For Value Received, Dyver .Development, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Corey Barton Homes, Inc, an Idaho corporation dba CBH Homes, whose current address is 1977 E Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit; See the attached Ezhibit A -Parcels (Southridge Parcel 7B) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns foxever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December, 2010 t---. Corey Barton Hoes, /pc., an Idaho corporation dba CBH Homes BY~` .....~.~ ''~ Corey D. Barton, President Warranty Deed Page 1 of 5 • E~E~T~OtUtC~1LLX f~~0°'~or.., ~+ .. ~_f: a"tAA??i's1J i:~l~$~~ P~~ltatr FJt~r,/ Tit 1 e 0 n Ct„ro;~,t-~r~~~~r~c~ ns a.~~f r- o.= a N~lc & escrow coTt~~ O~tCdfJAL UC)CUN'ri:VT AC O M.~~,T~nni RECORDING WARRANTY DEED For Value Received, Dyver Development, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Corey Barton Homes, Inc, an Idaho corporation dba CBH Homes, whose current address is 1977 E Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached Exhibit A - Pazce15 (Southridge Parcel 7B) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December, 2010 Corey Barton Ho~es~p'c., an Idaho corporation dba CBH Homes Corey D. Barton, President Warranty Deed Page 1 of 5 • ~ State of Idaho, County of Ada, ss. On this o~'~' day of December in the year of 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton known or identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. n ,~,, Bpi.00• Notary Public ;Y; pT.A~~?',~p`•~ Residing at: ~ ~ ~' 'ti' .v' . My Commission Expires: -(~ o ~ i o n~~,va VNarranty Deed Pagc 2 of 5 • 1 EXHIBIT A Parcels (Southridge Parcel 7B): A tract of land situated in the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at a found 5/8-inch steel pin monumenting the Center One Quarter of said Section 23, from which a found brass cap monumenting the West One Quarter of said Section 23 bears North 89°04'17" West a distance of 2,666.56 feet; Thence following the southerly line of the Northwest One Quarter of Section 23, North 89°04'17" West a distance of 1,832.01 feet to a found 1/2-inch steel pin; Thence leaving said southerly line, North 22°09'32" West a distance of 520.19 feet to a 5/8-inch steel pin; Thence North 25°08'21" East a distance of 30.00 feet to a 5/8-inch steel pin; Thence 111.19 feet along the arc of a non tangent curve to the right, said curve having a radius of 50.00 feet, a central angle of 127°24'36", a chord bearing of South 82°26'42" East and a chord distance of 89.65 feet to a 5/8-inch steel pin; Thence 30.77 feet along the arc of a reverse curve to the left, said curve having a radius of 25:00 feet, a central angle of 70°31'44", a chord bearing of South 54°00' 16" East and a chord distance of 28.87 feet to a 5/8-inch steel pin; Thence South 89° 16'08" East a distance of 58.64 feet to a 5/8-inch steel pin; Thence 25.41 feet along the arc of a circular curve to the left, said curve having a radius of 20.43 feet, a central angle of 71 ° 15'53", a chord bearing of North 54° 13'05" East and a chord distance of 23.80 feet to a 5/8-inch steel pin; Thence 184.71 feet along the arc of a reverse curve to the right, said curve having a radius of 233.34 feet, a central angle of 45°21'22", a chord bearing of North 41 ° 15'50" East and a chord distance of 179.93 feet to a 5/8-inch steel pin; Thence North 47°39'35" West a distance of 157.73 feet to a 5/8-inch steel pin on the southerly right-of--way line of said West Overland Road; Thence following said southerly right-of-way line the following six (6) courses: l .420.42 feet along the arc of a non tangent curve to the left, said curve having a radius of 1,050.50 feet, a central angle of 22°55'49", a chord bearing of North 58°57'49" East and a chord distance of 417..62 feet to a 5/8-inch steel pin; 2.288.12 feet along the arc of a non tangent curve to the left, said curve having a radius of 1,047.00 feet, a central angle of 15°46'02", a chord bearing of North 38°26'04" East and a chord distance of 287.21 feet to a 518-inch steel pin; 3. 393.88 feet along the arc of a non tangent curve to the left, said curve having a radius of 1,044.50 feet, a central angle of 21 °36'21 ", a chord bearing of North 20°56'21" East and a chord distance of 391.55 feet to a 5/8-inch. steel pin; 4. North 10°08'10" East a distance of 231.17 feet to a S/8-inch steel pin; 5. South 75°06'37" East a distance of 6.36 feet to a 5/8-inch steel pin; 6. North 14°53'23" East a distance of 79.42 feet to a 5/8-inch steel pin on the centerline of the Ridenbaugh Canal; Warranty Deed Page 3 of 5 • ~ Thence leaving said southerly right-of--way line and following the centerline of said Ridenbaugh Canal following three (3) courses: 1. North 69°37'00" East a distance of 34.90 feet to a point; 2.320.04 feet along the azc of a circular curve to the right, said curve having a radius of 375.00 feet, a central angle of 48°53'57", a chord bearing of South 85°56'02" East and a chord distance of 310.42 feet to a point; 3. South 61°29'03" East a distance of 150.70 feet to a point; Thence leaving the centerline of said Ridenbaugh Canal, North 0°48'16" East a distance of 90.37 feet to a 5/8-inch steel pin on the northerly easement line of the Ridenbaugh Canal; Thence following the northerly easement line of said Ridenbaugh Canal following eight (8) courses: 1. South 61°29'03" East a distance of 118.75 feet to a 5/8-inch steel pin; 2. 14.24 feet along the arc of a circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 2°32'56", a chord bearing of South 62°45'31" East and a chord distance of 14.23 feet to a 5/8-inch steel pin; 3. South 64°01'59" East a distance of 330.62 feet to a 5/8-inch steel pin; 4.46.42 feet along the arc of the circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 08°18'42", a chord bearing of South 68° 11'20" East, and a chord distance of 46.38 feet to a 518-inch steel pin; 5. South 72°20'41" East a distance of 150.79 feet to a 5/8-inch steel pin; 6.276.48 feet along the arc of a circular curve to the right, said curve having a radius of 230.00 feet, a central angle of 68°52'25", a chord bearing of South 37°54'30" East and a chord distance of 260.13 feet to a 5/8-inch steel pin; 7. South 86°31'43" West a distance of 10.00 feet to a 5/8-inch steel pin; 8. South 03°28'17" East a distance of 411.33 feet to a 5/8-inch steel pin; Thence leaving said northerly easement line, South 86°31'43" West a distance of 260.50 feet to a 5/8-inch steel pin; Thence North 15°07'20" West a distance of 122.50 feet to a 5/8-inch steel pin; Thence 77.62 feet along the arc of a non tangent curve to the right, said curve having a radius of 80.00 feet, a central angle of 55°35'25", a chord bearing of South 79°54'50" West and a chord distance of 74.61 feet to a 5/8-inch steel pin; Thence North 72°17'28" West a distance of 172.84 feet to a 5/8-inch steel pin; Thence South 20°11'27" West a distance of 103.24 feet to a 5/8-inch steel pin; Thence South 56°38'44" West a distance of 124.08 feet to a 5/8-inch steel pin; Thence South 52°09'30" West a distance of 119.99 feet to a 5/8-inch steel pin; Thence 41.31 feet along the arc of a circular curve to the left, said curve having a radius of 875.00 feet, a central angle of 02°42'17", a chord bearing of North 39°10'38" West, and a chord distance of 41.30 feet to a 5/8-inch steel pin; Thence South 49°27'42" West a distance of 50.00 feet to a 5/8-inch steel pin; Thence 31.97 feet along the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 91°34'54", a chord bearing of South OS°15'42" West and a chord distance of 28.67 feet to a 5/8-inch steel pin; Thence South 36°01'32" East a distance of 50.07 feet to a 5/8-inch steel pin; Warranty Deed Page 4 of 5 • ~ Thence 33.10 feet along the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 94°49'57", a chord bearing of South 81°31'52" East and a chord distance of 29.45 feet to a 5/8-inch steel pin; Thence 279.37 feet following the arc of a compound curve to the right, said curve having a radius of 825.00 feet, a central angle of 19°24'07", a chord bearing of South 24°24'59" East and a chord distance of 278.04 feet to a 5/8-inch steel pin; Thence 234.43 feet along the arc of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of South 37°06'07" East and a chord distance of 228.51 feet to a 5/8-inch steel pin; Thence South 27°03'51" West a distance of 100.18 feet to a 5/8-inch steel pin; Thence South 08°17'51" West a distance of 108.82 feet to a 5/8-inch steel pin; Thence South 89°03'34" East a distance of 204.56 feet to a 5/8-inch steel pin; Thence 47.74 feet along the arc of a circular curve to the left, said curve having a radius of 30.00 feet, a central angle of 91 ° 10'32", a chord bearing of North 45°21' 10" East and a chord distance of 42.86 feet to a 5/8-inch steel pin; Thence North 00°14'06" West a distance of 93.31 feet to a 5/8-inch steel pin; Thence 27.66 feet along the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 79°13'53", a chord bearing of North 39°51'03" West and a chord distance of 25.51 feet to a 5/8-inch steel pin; Thence 172.88 feet along the arc of a non tangent curve to the left, said curve having a radius of 508.91 feet, a central angle of 19°27'50", a chord bearing of South 89°11'55" East and a chord distance of 172.05 feet to a 518-inch steel pin; Thence 21.93 feet along the arc of a reverse curve to the right, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of North 82°38'49" East and a chord distance of 21.93 feet to a 5/8-inch steel pin on the easterly line of the Northwest One Quarter of said Section 23; Thence following the easterly line of said Northwest One Quarter, South 00°37'47" West a distance of 331.56 feet to the POINT OF BEGINNING. Warranty Deed Page 5 of 5 ... TitleOne a title 3c escrow co. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 22.00 5 BOISE IDAHO 12/02110 03:09PM DEPUTYVickiAAllen III~I~~~~Ip~g®Iltl~n~It~~~In`Iq~ RECORDED-REQUEST OF IY~11! 11 NYI VIII' 71TLEONE 6015E 110113581 f RECORDING :. 1~ARRA.NTY DEED P'or Value Received, Dyver Development, LLC, an Idaho limited liability company, the Gxantor, does hereby grant, bargain sell anal convey unto, Corey Barton domes, Inc., an Idaho . corporation db~,CBH Homes, whose current address is 1977 E Overland Rd ~. Meridian, ID 83642, the Grantee, the following described prerises, in Ada County, Idaho, To Wit; See the attached Exhibit A -Parcel 1 (Southridge Estate Lots) . TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever, And the said Grantor does hereby covenant to and with the said Grantee, that .,Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation~and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December ~ 2010 . Corey Barton Hom s In , an Idaho corporation dba CBH Homes BY: ~w~ ~'~ Corey D. Barton, dent Warranty Deed Page 7 of 5 r .. . t ~ f-.'°-_ -`:is'-1flNlfaAILY E'j~>c;'r±M,r f AMF~U F{R.~ C r::;.s~ ORIGINAL C€ii ".':' `~ TitleOne a title & escrow co. ~=~~COF~©ING WARRANTY DEED For Value Received, Dyvcr Development, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Corey Barton Homes, Inc., an Idaho corporation dba CBH Homes, whose current address is 1977 E Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached Exhibit A -Parcel 1 (Southridge Estate Lots) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December ~ 2010 Corey Barton Homes, Inc an Idaho corporation dba CBH Homes Corey D. Barton, 'dent Warranty Deed Page 1 of 5 ~ ~ State of Idaho, County of Ada, ss. On this day of December in the year of 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton known or identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. ~Y~ Notary Public Residing at: Q ~/r , My Commission Expires - ~Q-~5' (~~ tlpe~ ®o ,~ Nw M ~ ~ p a i ~ ~ ~ o n + f ~ s e4~~~~ r~ e~ewwrw• Warranty Deed Page 2 of 5 _ ~ Exhibit A Parcel 1 (Southridge Estate Lots): A tract of land situated in the South One Half of the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at a 5/8-inch steel pin monumenting the Center One Quarter Corner of said Section 23, from which a 5/8-inch steel pin monumenting the East One Quarter of said Section 23 bears South 89°02'56" East a distance of 2,658.97 feet; Thence following the westerly line of the Northeast One Quarter of said Section 23, North 00°37'47" East a distance of 331.56 feet to a point; Thence leaving the westerly line of said Northeast One Quarter, 21.93 feet following the arc of a non tangent curve to the left, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of South 82°38'49" West and a chord distance of 21.93 feet to a point; Thence 172.88 feet following the arc of a reverse curve to the right, said curve having a radius of 508.91 feet, a central angle of 19°27'50", a chord bearing of North 89°11'55" West and a chord distance of 172.05 feet to a point; Thence 27.66 feet following the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 79°13'53", a chord bearing of South 39°51'03" East and a chord distance of 25.51 feet to a point; Thence South 00° 14'06" East a distance of 93.31 feet to a point; Thence southwesterly 47.74 feet following the arc of a circular curve to the right, said curve having a radius of 30.00 feet, a central angle of 91 °10'32", a chord bearing of South 45°21'10" West and a chord distance of 42.86 feet to a point: Thence North 89°03'34" West a distance of 204.56 feet to a point; Thence North 08° 17'51" East a distance of 108.82 feet to a point; Thence North 27°03'51" East a distance of 100.18 feet to a point; Thence 234.43 feet following the arc of a non tangent curve to the right, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of North 37°06'08" West and a chord distance of 228.51 feet to a point; Thence 279.37 feet following the arc of a reverse curve to the left, said curve having a radius of 825.00 feet, a central angle of 19°24'07", a chord beazing of North 24°24'59" West and a chord distance of 278.04 feet to a point; Thence 33.10 feet following the arc of a compound curve to the left, said curve having a radius of 20.00 feet, a central angle of 94°49'57", a chord bearing of North 81°31'53" West and a chord distance of 29.45 feet to a point; Thence North 36°01'32" West a distance of 50.07 feet to a point; Thence 31.97 feet following the arc of ~ non tangent curve to the left, said curve having a radius of 20.00 feet, a central angle of 91 °34'54", a chord gearing of North OS° 15'43" East and a chord distance of 28.67 feet to a point; Thence North 49°27'42" East a distance of 50.00 feet to a point; Wazranty Deed Page 3 of 5 Z Thence southeasterly 41.31 feet following the arc of a curve to the left, said curve having a radius of 875.00 feet, a central angle of 2°42'I7", a chord bearing of South 39°10'38" East, and a chord distance of 41.30 feet to a point; Thence North 52°09'30" East a distance of 119.99 feet to a point; Thence North 56°38'44" East a distance of 124.08 feet to a point; Thence North 20°11'27" East a distance of 103.24 feet to a point; Thence South 72° 17'28" East a distance of 172.84 feet to a point; Thence easterly 77.62 feet following the arc of a circular curve to the left, said curve .having a radius of 80.00 feet, a central angle of 55°35'25", a chord bearing of North 79°54'50" East and a chord distance of 74.61 feet to a point: Thence South 15°07'20" East a distance of 122.50 feet to a point; Thence North 86°31'43" East a distance of 260.50 feet to a point on the easterly easement line of the Ridenbaugh Canal; Thence following the easterly easement line of said Ridenbaugh Canal, North 03°28'17" West a distance of 222.79 feet to a point; Thence leaving said easement line, South 56°31'59" East a distance of 159.58 feet to a point on the easterly easement line of said Ridenbaugh Canal; Thence following the easterly easement line of said Ridenbaugh Canal the following five courses and distances: 1.316.45 feet following the arc of a non tangent curve to the right, said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of South 83°12'27" East and a chord distance of 284.46 feet to a point; 2. South 37°52'47" East a distance of 369.30 feet to a point; 3. Southerly 480.10 feet following the arc of a circular curve to the right, said curve having a radius of 370.00 feet, a central angle of 74°20'42", a chord bearing of South 00°42'26" East and a chord distance of 447.12 feet to a point: 4. South 36°27'55" West a distance of 34.82 feet to a point; 5. Thence southerly 44.56 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 31 °54'43 ", a chord bearing of South 20°30'33" West and. a chord distance of 43.98 feet to a point: Thence leaving said easterly easement line, North 89°02'52" West a distance of 70.07 feet to a point on the centerline of said ltidenbaugh Canal; Thence following the centerline of said Ridenbaugh Canal the following courses and distances: 1. 52.81 feet following the arc of a non tangent curve to the left, said curve having a radius of 150.00 feet, a central angle of 20°10'12", a chord bearing of South 07°12'47" East and a chord distance of 52.53 feet to a point; 2. South 17°17'53" East a distance of 110.54 feet to a point; 3. Southerly 129.34 feet following the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 49°24'12", a chord bearing of South 07°24'13" West and a chord distance of 125.37 feet to a point: 4. South 32°06'19" West a distance of 21.67 feet to a point on the southerly line of the North One Half of said Section 23; Thence leaving said centerline and following the southerly line of the Nor One Half of said Section 23, North 89°02'56" West a distance of 712.43 feet to the POINT OF BEGINNING. Warranty Deed Page 4 of S ! ~ EXCEPTING THEREFROM: A tract of land situated in the Southwest One Quarter of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the North One Quarter of said Section 23, from which a found 5/8-inch steel pin monumenting the Center One Quarter Corner of said Section 23 bears South 00°37'47" West a distance of 2,637.73 feet; Thence following the westerly line of the Northeast One Quarter of said Section 23, South 00°37'47" West a distance of 1,937.38 feet to a point; Thence leaving said westerly line, South 89°22'13" East a distance of 515.14 feet to a found 1/2-inch steel pin being the POINT OF BEGINNING. Thence North 63°36'24" East a distance of 159.86 feet to a found 1/2-inch steel pin on the southwesterly right-of-way line of the Ridenbaugh Canal; Thence following said southwesterlyright-of--way line, South 37°52'47" East a distance of 53.06 feet to a point; Thence following said southwesterlyright-of--way line, southeasterly 123.81 feet following the arc of a circular curve to the right, said curve having a radius of 240.00 feet, a central angle of 29°33'24", a chord bearing of South 23°06'05" East and a chord distance of 122.44 feet to a found 1/2-inch steel pin; Thence leaving said southwesterlyright-of--way line, South 67°11'20" West a distance of 158.98 feet to a found 1/2-inch steel pin; Thence North 27°47'39" West a distance of 147.67 feet to a point; Thence northwesterly 16.72 feet following the arc of a circular curve to the left, said curve having a radius of 197.50 feet, a central angle of 04°51'03", a chord bearing of North 30°13'10" West and a chord distance of 16.72 feet to the POINT OF BEGINNING. Warranty Deed Page 5 of 5 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, C o0.~2y ~A1~T~r1 (name) c`~•O. FiaX, 309 (address) ~"~E.4-l O ! A 1a ~A ,R It O (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: _,>,~-o Sw•R ~ Gf~r:.t ~ 92'4 Sugar ~ r\(o.Mpo.. , TD (3e~-Fev.-1-.0~1~.~ L...~.s 1 ~ 1 ~ . CaY l far. A~~ .i Mc.r: a.i o.ot . _-~ (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its 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. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this ~~day of , 20~ tgnature) SUBSCRIBED AND SWORN to before me the day and year first above written. ~NN~~ (~ ' nom, n ~OTAR ~•~ (Notary Public for Idaho) r 1 I ~''• Residing at: 1~~ ~ l~ ~'•~r~ ~ My Commission Expires: _ OR t9 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org ~ A Hearing Date: September 6, 2012 File No.: MCU-12-003 Project Name: Southridge Subdivision Gravel Mining Request: Request to modify the time period allowed for the gravel mining operation at Southridge Subdivision to allow the use to be extended an additional 18 months, by Idaho Sand & Gravel. Location: The site is located south of W. Overland Road and the Ridenbaugh Canal, and east of S. Ten Mile Road within future development areas of Southridge Subdivision, in the north '/2 of Section 23, Township 3 N., Range l.W. ~u~ S:URfTY t3QND N0. Q9t)3683t3 LeaselPFanlPerrrtit.l~v(s}, RR saozt3oa KNOW aLC_ .MEN BY THESE RRESENTS, Thak we STAIS$R a PARSON CDfaPANitiis DBA iDANO SAl!ID 6 ORAYEL CO.aS pritlcip~ and FlDtlrrnr arrD ssPOSfT coMPtut~Y of MAitYLAND , a corporation organized under the laws of the Sli,3t+e of taA~rLAND ,and: hiavfng ks printapal place of business in the State of ILLINOtti ,1n the City Of tcHAUntsuac as surety are. held and firmly bound unto the. State cf Idaho, in the.. sure of FIPTEeN THOUSAND AND OQf1~ dofisrs ~ ~~~ 1 lawful money of the Uhlied States, conditlgned txithe payment of all damages to the. surtace and tmprovements thereon o1 lands described in the above Iease/ptan/pertxtU spediled and any outstanding.balances as set Forth in the leaselplaNpermit. For such payment,; well and truly to he made, we bind twrselves, our and each of our heirs, executors; administrators, su~essors and assignees, as the case maybe, Jointly and severaU.p, firmly 4y these presentb. THE COtVDITiON of the tore9oing abllgatlon is such that, WHEREAS, by leastrfplanfptume' beariteg the above. Bartel numtter,lha ltlasarefpian hokfedpsnnttteewasgratrted speCNlc tlgtrls>undeC and puratzrnri its tdano Code I81e 56, ehapltus t,3 and ti or idatro Code ItUe d7,_tiraptars 7, 8, 73, t:5 or 16, and theperUntlnl rules and regrtlaUons tN the Ittano Slate Board of Land. Commiaaioners; and WHEREAS, said fessae/plan ticlder/permiitee-tree, by wlrtae of the base!plan/permit above retarred bo; srdored tnto cerlaln covatunts end agreements sdt fotttr in such tease/planfpermU, under wbich operations era to be cotrdutded,• and. WkERBAS, the said principal, in consideretlon of being permitted. in I~rt of the lesase/plen ir0ltler/permitlae. to tiuntstl lhts bond agrees and by grtese presents does fitx'eby tSOrtd: himself tolulfill e^t harlot! of the lesseeJpien holdartyemtittee all of. the obtlgaUons of the said ieaselplaNpe-trdt tnUresarrte tnannerand totMe sametaNantas lhoughne were the lessas/plan hottler/permtltee. It is unden~i~ood end agnaedby the surety and the prlnclpai that if Intl re is outstanding taatoration cbUgations on ltre promises; orboutstanding payments are due, tlris bmtd ehalfextetW to cover all acts (.oc wldch tetatoratlott.. itt re?Quirrtd tx payment of such oblstanding 2nrptlnq r1ue, lieBr prior bD and subssttusrtt:lo the date of this bond, . urtW ntst(tled to wdtirtg by the Idaho Department of Cantle teal seen ret;uttemeMS nave bean: mat or the bond has been: replaced. The idsho Department ofLands rnayrequire:payment ofthe entire srsn of>hisbond; or portion's ttroreai, uponwrttterrnotlcs tc the suxat)!;.by Uredep~nrtment, oftha baseefpbn taitiarfpetmnlee's !adore ~ perform anyobflgaUontzardi/orpay arty amotmts due under the abts~ teterenced staluleSand pertitttxtt'rules, 5gned on Itdt ~H day o[ MARGW ~ i1 tITAKEti a PARSON COMPANIES C8A IDAHO SAND d O1tAVEL d:A, The surely SheN pay to trta Oeparlmant or Lands ~9wn OFttUS+: bond, or portions tlie[eoL as requested by Ute deperlmentwiifiin 3i0 daysof receipt of sueh.wriuen tatlce. R1 the evar>t ~' a partfat t&akibtNion, ha rem~ning funds and tlabUltlea shall not be robased untll the depmtmaM raflRea ~ surety, in wnTlt~: of release d remaMtng Itatiitlty ~ rtsr#dres payment of the remaining bond I~bi~es. Payment of the tuft start of the bond to ttre deperirnerrt shell. release ilia .surety of 0u riabNltisa,and obUpattoras. htOW THEREFURE, iF'the above prlnclpal sfrell In good faUh observe. std end campy with ap the lava rww ezistlng or hxsafier enapted„ dt;slgrrpd or Intended for th0 ptotealiori of Ura suttatsa owlter of said lands against damage-and resulting toss caused by arty operetbtts txtdedan understatd lease/pfsmtpemm'l,oraanysuch damagsandreatltlYrg Irtas shall ac otxticnevertlieless,farwhi¢hdaerrageandbssreimbu[sanaM fsrequfred and made, thenUUsotiUgaUorrshall becotrre vold,.oiherwtselo remain in futldorce>tsrrd aired; and the fiabtlUyct Ureataetyurtderthls.bond for anyone or more defardts of the prMclpal rexier;aM teo~plaNpannH shall.t>atexceed b-the aggregalathesum orated heialn ataw; tt is tutther proviAed, However. IHaI the bond may be tstrrcetled by the surety by tlrs servlt:eoC wriUannoiic6vtsanceHaUon upon the iNrectarollhs:Deperlntent of Lands: ai Ure State of Idaho, -such canceUadon tQ be eftattive' at the expireUon aCrikrety (rio)days.altsriheservtosofisuchcarrtxtlatkal nclieeby the suety. on' the Oireetor by teyiislenad mail, Such canoa1111Ua1 tape, tawrvar, shad not aflttct argr ltabfltlytll8t shall haveatrcmted utrderthts bond prior'lo the etiectlve dale.of wncatlatton. FiDELrt"tr AND DRPO6IT'COMPANY OFMARYLAND t3ignature ofRrkrcipel) (Signature of 5urety)T11iA DAVt$,: ATTORNEY=IN.PACT P.O.80% 1310, NAMFA,. ID 83653•'131 R 1818. SOUTH TEMPLE. $T6 T00, 3AI.T LAKE.CrTTs lr'r 84'1 W (Business Address) ($uvilness Addrwc) AdCNO1MLEDOEMENT OF 3URE7Y Slaffi of UTAH ) GeWnyof S/MLT WtE 1 i~ On UNs 28TNdaY Or MAt3tH , G[ the year 24?~ , bsl personally appeared TINA DAV[8 knows u peraaa wIw axawted the inetrrsrrerrt on behal(pf sa(d t;orpprappn, and acrm In Wprrest WhsreoG I hews hsrvuntp selmy hand and stlDtad tnY br the 9e6eoF ~~, PrIb110 ~ STATE OF UTAH Reaklina ~'AL . ,. . My CorrrmireTSnexplras OCTOBiR t5 2ti_~3~ lOL 180'f«29tZ6) 9~Tr2ltW SOUTHWEST $iJPERVISORY AREA 8355: West State stfaet Eoise !U 837i46OTi Phone {208f 334-3488 Fax (2O8j 853-63T2 March 28, 2011 Staker & Parson Companies ldaho Sand & Gravel Company f ost Office Box 1324 Nampa, Idaho 83553. STATE BOAf~D O~ LAND COr+!ll~1SS10NEA5 C. L 'dutch" Otter,: Governor Ben ~'sursa, Secretary of State Lawrence G. 1Kasden, AttameyEaenera! Donna M. Jones, State Ganfroller. Tom Luna, Superln't of Publicl~ntctfon This correspondence is notification the following. rectamaiivn plan was approved on March 28, 2011: .PLAN NO, ACRES COUNTY LEGAL f]ESC[~lRTIdN S6O29O4 ?0 Ada T3N, R11N., Pt. NW34,: SW'~&NE% Sec. 23 The plan. was granted :approval subject. to the folfaWfng terms and_concittions: i. Alt refuse, chemical and petroleum productsand equipment shall be stored and maintained in a designated location, i O© feet away from any surface water and disposed of fn such a manner as to prevent their entry into a waterway: 2;. State water quallty standards will be maintained: at all times during- the I'rfe of the operation. Should a violation of water quality standards occur, mining operations wlll cease fmmedlateiy, corrective action witf be taken, and file Department of Envfronmentai. Qtaatity will be notified. 3: Erosion and non-paint source pollution shall be minimized by careful design of the. site access and implementing Best Management Practices, which: may Inc)wde; but.ara not limited to: a. Diverting all surface water flows around the mining operation. b. Removing anet stockpiling vegetation and slash for use in. erosion contro[..and reclamation. c, Removing and stockpiling alf topsoil or suitable plalht growth material for uses in reclamation. ~. An initial reciarnation bond in the amount of $1.5,aOa.OO vuiil be submitted to and maintained with. the. Idaho Department of Lands prior to eondwcting any surface mining operations.. GEORGE B. BACON, OIAECTOR EOIDU..Of~PaFtttlW{tt ErAPLat ep. 5. ff'the reclamation plan is not bonded within 1,8 months of approval,. or if no operations: are conducted within three years., the department may withdraw this plan. This shelf not prevent the operatorfrom re-applying for reclamation plan approval. 6. Acceptance of this permit does net preclude the operator from obtaining other necessary permits and approvals from state and federal authorities, ie. Storm 11Vater Pollution Prevention Plan (SW PPP), waste water generation and/or air quality permits, consut#ation with the National oceanic and Atmosphertc Administration Ftsherles, U.S. Army Corps of Engineers 404 Permit and Stream Chann€I Alteration Permits for each production process. 7. At the beginning of each calendaryear the operator or plan holder shall notify the director of any increase in the acreage. of affected fends which will result from the planned surface mining activity within the. next twelve. (12) months, A correlative increase in the bond. wfli be required for an increase in affected acreage. For your convenience I have enclosed bond farms and instructions. Please note -- pursuant to Idaho Code section 47-1512(a}; operations cannot commence unless the bond. established in. Stipulation Na. 4 is submitted to this- department. Failure to submit the bond before. mining commences may subject you fo I.egai action by the state pursuant to Idefio Cade section 47- 1513(d}, which may include.lssuance of an order bythe districtcoucCto: temporarily restrain your mining operations without prior notice to you. This reclamation: Dian wits 6e considered in good standing upon receipt of reclamation bonding. ff the department does note receive a written nonce of abjection from you regarding these stipulations by April 11, 2011 the stipulations will be considered as accepted. If you have any questions, you. may contact me via email at nwelbaum~idLidaho.aov, of the above dress orb hone at (208) 334.-3488. ,. t~~~ .. Nancy J.1lUelb um Senior Fiesource Specialist Enclosure(s) CC: Bureau LICENSE & PERMIT BI~Na bond Number: 09.x)36 KiJQW AI.L MHW BY THESE PRESENTS, drat v+re STAICER 8~ PARSOtV COIVIPHNiES DBA IDAHO SAND 8i GRAVEL G0, as Princijal; the "Principal"y, and FEDEtITY AND DEPQSIT C:OiNPANY OF MAR'ft:AND, a corporalian duly organized under the laws of the State of Maryland, as Surety, (the "Surely");. are held anti firrrtiy bound unto .CITY OF MERIDIAN as abrrgee, (the "tJbligee'~, in the, penal earn of SEVE>~ITEEN THO[7SAND TtAiO I-E.UiUDRED TWENTY ON1r AND 88/100 Dollars. ($17,221..8.$x, fox the payment of wt-tch earn vireil and truly to be made, the said: Principal and the- said Surety, bind ourselves;. our hail's; executors, administrators, sucaesaore and assigns, Jointly and severally, firmly by these presents.. WHEREAS, the Principal has been granted a SOUTHRIDGE CONDITIONAL USE PERMIT' {description. of Rcense or permit). NOW; 1'HEREFOFtE; THE CONDITION OF TH13.OBLIG,AFfON 15 SUCH, that 'rf th+;t Principal shat) indemnity and save harmies5 ftre Otrligee against loss to which the Obligee may be subject by reason of the Principal's breach. of any: ordinance, rule or regulation r®tating to the above descrit3ed license or parm~ then this obl'igatian shat be Hutt and void; otttenvise to remain in ftidl farce and effect. AROVIDED AND u~lJ6JECTTO THE: CONDITIONS PREGEDEM': 1, The (lability of the Surety hereunder shall in no event exceed the pane! sum of ttris bond as stated above, regardless of the numtmr of years this barrel shall continue to force: 2, This ot>~gation.may be canceled by the Surety by ghring thirty (3t)) days notice in:wrlting. of its intention to do so to the Obftgee; acrd the Surety .shall tre rolkved of arty farther lief„lily under this txxrd thirty {3U~ days after receipt of said notice by the Obligee, Axcsptfor. defaults oCC~ming prior thereto. DATED as of tt-is 29TH. day at MARGH,. 24'11, STAKER &. PARSaN COMPANIES DBA fDAHQ SAND- GRAVEL CO. (Sean WITNESSIATTEST:. Principal ey: Name: Tide: FIDEt.i7'Y AND DEPt7SlT COMPANY OF MARYt.ANA (Seal) surety By; TINA DAVIS, Atoorney-in-Foci