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2002 Short Form Appraisal Report Albert W. Hill, MAISHORT FORM APPRAISAL REPORT OF THE CITY OF MERIDIAN OWNERSHIP PROJECT #501019.0 (FRANKLIN ROAD) - PARCEL 3 (CITY OF MERIDIAN) For Ms. Kathy Smith Right-of--Way Agent Ada County Highway District 318 East 37"' Street Boise, Idaho 83714 By Albert W. Hill, MAI 1815 Suncrest Drive Boise, Idaho 83705 Date of Inspection: Date of Value: Date of Report: December 24, 2002 December 24, 2002 January 13, 2003 PROJECT MAP Parcel 3 (City of Meridian) Franklin Road (East 1g` St. to Nola Rd.) f I { ~ 4 •_ .~ 1 ~ : 4 `y3 .: ~i ¢~g~t. ~. ,. ~ ~ .... , r ~4~-.4 ~ _- ~'~ " ~, t i ~ i ~ ? i ; ~ 4 ~~ ~~~~~f ~~~-L. l ~~ ; ~ ~ `J =:. r 1 ~ ~r _ ,... ' ' ~ t . ~ ~ ~~~~~, I .~ ~~: ~~, . _ ~ ~L ;' 6ggC ~i~ , x a 5 `~% gt l ' . ~p [ .. n .X' ~- _. fY r«. ~ i Q , w .~' ~ I _ ,,: ,~ r ~'.a~: ;F~ ~'' _ 7 ~r~. ~~, tai Y -' .k_ Y ~~' fZ _ ' v cc,7.5 ~ a _ ' ~ ~_ t'. . ~ ~: _ ~l]~N sir ril 1,. 3Y15 t i .. +~s3 ~- -~k 'x ~ ,; ,~£~ u.ro Proposed Acquisition (in blue): 17,311 Sq.Ft. (per Sheet 1 of plans) Permanent Easement (in green): 1,300 Sq.Ft. (per Sheet 1 of plans) Temporary Easement (in yellow): 225 Sq.ft. (per Sheet 1 of plans) ITD 2288 (Rev. 5-02) ALBERT W. HILL, MAI aPP1~sAr. sERVZC~s 1815 ~uncrest Drive Boise, Idaho 83705 Telep~one (208) 336-4138 Date: January 13, 2003 To: Ms. Kathy Smith Right-of--Way Agent Ada County Highway District 318 East 37t" Street Boise, Idaho 83714 _ RE: Short form appraisal of a proposed partial acquisition of Parcel (3) of the Franklin Road (East 15`to Nola) Project located atthe southeast corner ofFranklin Road and Main Street, Meridian, Ada County, Idaho. _ PROJECT NO.: 501019.0 (Franklin Road) PARCEL NO.: 3 (Three) KEY NO.: NA PLANS SHEET NO.: 3 & 4 of 25 pages DATE: Nov. 25, 2002 PROPERTY ADDRESS: Southeast corner of Franklin Road and Main Street - Meridian, Idaho 83642 OWNER'S NAME: City of Meridian ADDRESS OF OWNER: 33 East Idaho Avenue - Meridian, Idaho 83642 R/W REQUIREMENT: 17,311 sq.ft. (per legal description provided by ACHD) _ PERMANENT EASEMENT: 1,300 sq.ft. (per legal description provided by ACHD) TEMPORARY EASEMENT: 225 sq.ft. (per plans provided) In accordance with our agreement, I hereby transmit my appraisal report on the above referenced parcel. This report represents my estimate of the present market value of the rights being acquired, subj ect to any extraordinary assumptions, limiting conditions or legal instructions as attached. BY REASON OF INVESTIGATION, STUDY AND ANALYSIS, MY ESTIMATE OF MARKET VALUE AS OF: December 24, 2002 IS $176,620 APPRAISER: Albert W. Hill, MAI Idaho State Certification CGA 12 SUBJECT PHOTOGRAPHS (Photos taken December 24, 2002 by Albert W. Hill, MAI) Parcel 3 (City of Meridian) Franklin Road (East 15` to Nola Rd.) rnoto 1 -View west along Franklin Road frontage showing partial acquisition (in red) and proximity to City of Meridian Chamber of Commerce building. Photo Z -View east along Franklin Road frontage showing partial acquisition (in red) and proximity to City of Meridian Chamber of Commerce building. ITD 2288 (Rev. 5-02) Appraisal Report This appraisal is prepared under the option of a limited appraisal in a summary format as defined under USPAP Standards 2-2B. Project No.: Key No.: Parcel No.: Parcel ID No.: 501019.0 NA 3 S1118212610 Name: ®Recorded Owner City of Meridian ^ Contract Purchaser Address: 33 East Idaho Avenue City, State, Zip: County: Meridian, Idaho 83642 Ada Client's Name and Intended User's Name or Type (Use of This Report by Others is Not Intended by the Appraiser): The client for this report is Ada County Highway District (ACRD). The property owner will receive a copy of the appraisal report. Possession of a copy of the report does not by itself imply ownership. Purpose and Intended Use of Appraisal: The purpose of the appraisal is to provide an estimate of the Just Compensation for a partial acquisition of the subject property by ACRD for a road widening project. Real Property Interest Being Appraised: Fee Simple Estate Purpose of Requirement Requirement ^ Quarry or Gravel Site Total Ownership: (Larger parcel) 4.6± ac. ^ Maintenance Site Area Required: 17,311± sq.ft. ^ Surplus Property Permanent Easement Required: 1,300± sq.ft. ® Highway Right-of-Way Temporary Easement Required: 225± sq.ft. ^ Stockpile Site Type of Access Control: None Noted ^ Park or Roadside Area R/W Plans Date: Plan Sheet No.: ^ Other (Explain) November 25, 2002 3 & 4 of 25 Property Address: Southeast corner of Franklin Road and Main Street, Meridian, Ada County, Idaho History of Ownership: ® Five-Year History of Title Same ownership in excess of five years. ^ No Title History Date of Inspection and Invitation: I offered Elroy Huff, who is the Interim Director of the City of Meridian's Parks & Recreation Department, an opportunity to accompany me on my inspection of this property by telephone on January 2, 2003. This invitation was accepted. Telephone number of owner or representative contacted (208) 888-3579. I personally inspected _ the subject property on December 24, 2002 and subsequently on January 3, 2003 accompanied by Elroy Huff. 1 SUBJECT PHOTOGRAPHS (Photos taken December 24, 2002 by Albert W. Hill, MAI) Parcel 3 (City of Meridian) Franklin Road (East 13` St. to Nola Rd.) rnoto s -View west along Franklin Road frontage showing partial acquisition (in red) and permanent easement (in blue). ~ ~~ S€}.z ITD 2288 (Rev.5-02) Appraisal Report Project No. Key No. Parcel No. Parcel ID No. 501019.0 NA 3 S 1118212610 _ Value to be Estimated (Market Value as defined under the Uniform Appraisal Standards for Federal Land Acquisitions, Adopted 12-20-2000). See ITD Appraisal Guide. Reasonable Exposure Time of Comparables and Conclusion of Reasonable Exposure Time of the Subject - With Discussion of Required Marketing Time of the Subject (This is not required under properties acquired under UASFLA. Unless specifically requested, Jurisdictional Exception is invoked. See Appraisal Guide for further ex lanation. - Not Applicable (per ITD Appraisal Guide Le al Description (Attach separate sheet if space is insufficient.) - See "Attachment A" for legal description of the subject property (before acquisition). See "Attachment B" for legal description of the partial acquisition (if applicable). See "Attachment C" for legal description of the temporary and/or permanent easement(s) (if applicable). Description of Subject Property (Identify and provide a summary description of the property appraised, such as location, physical features, area, city and neighborhood data, economic property characteristics, and flood - hazard statement, if applicable.) Area Data: The subject property is located within the city limits of Meridian, in Ada County, Idaho. Major Political Unit: City of Meridian Population: 34,919 (June 2000) MSA: 403,897 (Boise MSA) "' Elevation: 2,650 feet above sea level Land Area: 1,645 square miles (Boise MSA) Annual Precipitation: 12.11 inches Sunshine Days: 234 days Average Temperature: January: 22 - 36 degrees F average temperature April: 37 - 61 degrees F average temperature - October: 58 - 90 degrees F average temperature December: 29 - 65 degrees F average temperature Education: School District #2 (Meridian) - Employers: School District #2, Jabil Circuit, Blue Cross of Idaho, Micron Customer Service Center, Albertsons, Hoff Forest Products, Idaho Department of Law Enforcement, Food Services of America, Fred Meyer, Western States Equipment. - Employment: Boise MSA, 2000 seasonally adjusted annual averages Civilian Labor Force - 179,914 Unemployment Rate - 3.0% - Income per Capita: 1999 Per Capita Income (County) Ada County - $31,420 National - $25,288 Neighborhood Data: Name: Boundaries: North: East: South: West: Central Meridian Fairview/Cherry Lane Eagle Road Interstate 84 Linder Road 2 SUBJECT PHOTOGRAPHS (Photos taken December 24, 2002 by Albert W. Hill, MAI) Parcel 3 (City of Meridian) Franklin Road (East ls' St. to Nola Rd.) Photo 5 -View of partial acquisition at northwest property corner. ITD 2288 (Rev. 5-02) Appraisal Report Project No. Key No. Parcel No. Parcel ID No. 501019.0 NA 3 S1118212610 Major Thoroughfares: East/West: North/South: Major Users: Land Uses: Predominant Occupancy Employment: Shopping: Schools: Public Transportation Utilities: - Power: Gas: Telephone: Water: Sanitation: Appeal to Market: Transportation Linkage: Summary: -_ Site Summary (Before Project): Location: Shape: Size: Frontage: Exposure: Access: Off-Sites: Topography: Utilities: Easements: Remarks: Fairview/Cherry Lane, Franklin, and Interstate 84 Eagle Road, Locust Grove, East 1S`/Main/Meridian Road, Linder Commercial along East 15t/Main St. and Fairview Ave./Cherry Lane, a mix of commercial/office/light industrial/residential along mostotherthoroughfares,and residential on most side streets. Mix of commercial, light industrial/service commercial, and residential Owner Historically, Meridian has been a bedroom community for Boise and parts of Canyon County. In recent years, commercial and industrial development has been locating in the Meridian vicinity, bringing opportunities for local employment. Majority of services and goods are available locally, with major shopping available in Boise. Meridian Joint District #2 has 23,000 plus students with 20 grade schools, 4 middle schools, 3 high schools and 2 alternative high schools. None Idaho Power Company Intermountain Gas Company Owest City of Meridian City of Meridian The demand for land in the neighborhood appears to be dominated by commercial along Main Street and Fairview/Cherry Lane, light industrial along the major thoroughfares, and residential on the side streets. Interstate 84 forms the south boundary of the subject neighborhood with on/off ramps at both Eagle Road and Meridian Road (Main Street). The subject property is located in the central part of Meridian. This neighborhood is located to the north ofthe Interstate, and between Boise on the east and Nampa on the west. Southeast corner of Franklin Road and Main Street (see Location Map) L-shaped (see Plat Map) 19.940± ac. (per Assessor's data) 570± feet on Franklin Road and 350± feet on Main Street (see Site Plan) Excellent to Franklin Road and Main Street One curb cut on Franklin Road and one curb cut on Main Street Off-sites have been installed (curbs, gutters, sidewalks, street lights, etc.) on Main Street, but not on Franklin Road. Level (see photographs) Utilities typical of the neighborhood are on-site or readily available. Typical utility easements (typical of neighborhood and market). The subject property is a 19.94± acre, L-shaped city park located on the south side of Franklin Road and the east side of Main Street, in Meridian, Idaho. The city ownership is known as Storey Park and includes park area, swimming pool, baseball fields and the Meridian Chamber of Commerce building. Because of the configuration of the subject property (see Plat Map), it is the appraiser's conclusion that the proposed right-of-way acquisition affects only the 4.6± acre, rectangular-shaped portion of the ownership located at the southeast corner of Franklin Road and Main Street. The rest of the ownership has a separate highest and best use. Therefore, the larger parcel in this appraisal report will be a 4.6± acre (200,376 sq.ft.) site at the southeast corner of Franklin Road and Main Street. LOCATION MAP Parcel 3 (City of Meridian) Franklin Road (East 1St St. to Nola Rd.) a "~ r. "_ Frta Mttt:r ~ ..eT `.•:.. r Chtrry ~ ~; n. C4:.;i : ~.® ~ $Caite F 'v' :)fAerMt7'r• ' Piara ~ FA1NVlEW ~ r lH AVE ^_ "." Abr~rtriView o r 16 0 ... f__.. Cnttlr z _, ~ F en Iraq n~''. `~.a .ti P{sa r- E„.err, x 0! JA ...,. .. ~NyN n .,f,. -' .. r ~ E w i,_KfR S' M':',. ~ f x ..,~J .w _ r 3 1 _. R .n ~~ t ' ;F ~ ..~. '3 •qf.,l„r Vlfi c~l3 ASE ASgr ~ a+~Flt~~G ,F Y ~^EE.RTytl land,ar Flern 3 ~ -. £ Wtlaq '. p VaAY rA F SeRjal UitiYfi:t ~ z a a - V .` '' jNhCt {d ~, ~ x 9~.tiT - f10 i/0 ~ ti ~ _ ~ _. __ ... t Cat Hall ` i t _ * ~CroS At 49d ` l4 StiY, .. ~. ;~JF ' ^tatodte E,MAAE ':.al a~cF ::~ah~/:-.a, - ~,'~SNbtERu+A, _ e'9~4iW ~ {TA " =A4l..Wa (? ` MeriMai ST] £" a fir. Sr.ra,ra, ,: ,. _ • 1600 € ' ~' 0 3200 F ~ - • 6'°tamttat «i ® U,rttrre r o e .... ~ yr' f Sr'NlNtilq lGG ~ %' a ~ ~ lH ~.':"E8 iM r.ali°JP= .r; - 'i=0.tH z 'WY ~ .- ° ai irk'; Wt ~ LE M y IN f . ~,~ - ;N WAt EA [CWEii ~ - r ± r ~ 'iT ltlMt `~ Mr'q ~ - r co ~ " ~ ¢ r g - C€dlPfer~At[ Ltq =' F, - .1, ~ `r ~ ~ 7 ;ENfgr rt{ ClRli of - A I :, 1.,aw ~"!q, ¢~,r. F ,t =crmant ,h _ Y - ANY ' CnIVO<aYE Y 3 ~ ~~ ,y Eratil t7 b 4 M l f r '~'rnrar~< ~ wEUS u fpf ~ L~~+ Exit Q4 ? `-~. ~. ~ '' 84 FEit a~ i. t N i2 O _ r H Q N <w-, ~ _ r , ~ ~ , 3200 E FA ~ g op ~ t aV;, ~ t; f EkfiC~I Uk y c ~~n ~ .;y ortk ~ ". .84 - I.. C:y A z fi li '~ 4 y . `z • . p4 C :.. p 5 49iWMRN ~` v .~ ,,: r 1 ~ .. ,'iW ~z . q -• z U z `+RfrN f A%tOM [Y? H ~rp.i. ~.., r a._ F y .. uHE ~,' s° ~ , ~V Ak` CRE?r '..W a: N ~ °• _ y -. .. PQ ':~ 1 ~ - •2 i 4 M q•, EAR.?JF .q i:'/' ~ . ~ yRa"^ t - - - - v Cp t': v r ITD 2288 (Rev. 5-02) Appraisal Report Project No. Key No. Parcel No. Parcel ID No. 501019.0 NA 3 S1118212610 Improvement Description: Building Type: Construction: - Age (Actual) Size: Quality: _ Condition: Remarks: Assessor's Data: Parcel Number: Parcel Size: Improvement Size: Assessed Value: Assessed $/Sq.Ft. (Based on the combination of a brief on-site inspection and assessor's data) Chamber of Commerce building Class C (Concrete block) Addition completed 2002 Unknown Average Average The subject parcel is improved with an office building. (Summary -see Assessor's print-out in the Addenda) S1118212610 19.94 acre (per assessor's data) NA $0 $0/sq.ft. (publically owned) Partial Acquisition (Proposed Acquisition): Location: Located along the subject property's north property line (Franklin Road frontage). - Size: 17,311± sq.ft. (per legal description provided) Shape: Ribbon of land paralleling Franklin Road Frontage: Franklin Road (see Project Plans or Site Plan) Remarks: The proposed acquisition area is a ribbon of land that parallels the subject - property's north property line (Franklin Road). The proposed acquisition area is to be used for widening Franklin Road and installing curbs, gutters, and sidewalks. Improvements Located in Acquisition: 1. Landscaping (lawn, sprinkler system, trees). - 2. Fence (350 In.ft. of cyclone fencing and a 3' gate). 3. Irrigation structures (to be corrected and/or moved).' Permanent Easement: Location: Along proposed north property line after the proposed acquisition. Size: 1,300± sq.ft. (per legal description provided) - Shape: Ribbon of land Use: The existing roadway (Franklin Road) and the proposed future roadway are at a slightly higher elevation than the existing terrain of the subject property. This - can be observed in the subject photographs. The permanent easement is to be acquired to allow the project contractor to construct a slope from the back of the new sidewalk onto the subject property. This slope will allow for a transition from the sidewalk onto the subject property. - Remarks: The permanent easement area will be restored by the contractor during construction and the sprinkler system will be corrected. See property owner's concerns. 4 PLAT MAP Parcel 3 (City of Meridian) Franklin Road (East ls` St. to Nola Rd.) ., ~,k E 1 --".1 ~ j ~.` t ) '•-K~'YftRX p-.qq. ...~. __ ~ i v 1.1 .., .....e.-. i ?~1 .,.....,. •.. ~ - ~ ~ I ~ .__. 1 ~ ~ ~ ~ _ . ~~ ~. .~~_~,.,. .~ > L ..., ( .,,. ~.,. ARA i N{YN,1A (~ t III(.,f,R i x v 1..a ~. 1 .~..... ~ f.AM ~" r ~' i ~ ~ I ~~~ .. ~5+~...__ 1.d is f t~ ____L".. ---i}f_ T rMSLttrwW.2a ... I ~--. ~_.._-_.. 1 1 ~ I ..a ... I 1 t i 1 ~ (Sl,iWIV'i~R4\ *al i.f .. ~...- .....~.. .,..,...„ .~.r. .,,~~ .w -..., .... :.. „ ..... ... .. ... .... i _______._J. _____' ~ t_~.__......._~~~~~____~~I' 1 ___~_ ...r./ ~f4` i __ _ ~{,I J/ (/ I ~. ~FTTR.AI. 4'Ai 14'('4 1 '.I L ~ ~ ~`}yI'•_"1 C(Nt6VlA TY 1'A RA ` ~ /.. ~ \.~il.s r ~ i ~., ' . r~ `. IYYIA}l VAl16Y ~ ~ I ~ ••~~, ~ ` 1 _~ fr ...w ...n.... _,i, ( f ( ..~_ ,L~ ----- t ----- I -wP AU, .. tV)RM)lATE ~AAK Ni ;[ "` .•• .~• i \ --~ ~ !t ~13JV9w~ l y L t'. (\` ..w ~ 1 ` ~~ '. I iTww~ "_ V. _ \ V'~ 1 ' ~.,..V AL LF~I '# tY.'.TR1[YAI I.YY .~ t ....w... ..... _.. L __ r I ` R dn`I4[ J t~ I lyl KIRA7Y" ~ , ,..... 't11 1 ~ . ~.... / - ... I . N_ ~ i ~ ~ _ ._ . • ~. V PAYS kt t ~ V1 ,, ,rr .w ~, ~ ~\ JY : . ~ .,, \ r _-_.____-__.. - ...~. V, `... t~ ^AMA ,~ fY)AWRA TF: YAL •. . t X ~ ~ . ____ _... y/ \ ~ i ' ' ~ +.~ MUJ ... •.• . ~V~ _;. ,. ~.. ! III ~ t. °.`Y, .. Fn; i~ J _w _- -- - i -.r-~-~ r .. -. i iL i j 1 "'•TMIYf t. _. . _ I____....~~___ The City of Meridian's entire ownership is indicated by the blue outline. However, for the purpose of this appraisal assignment, the larger parcel is considered the 4.6~ ac. portion at the southeast corner of Franklin Rd. & E. lst St. (shaded blue). - ITD 2288 (Rev. 5-02) Appraisal Report - Project No. Key No. Parcel No. Parcel ID No. 501019.0 NA 3 S1118212610 - Temporary Easement: Location: At northeast property corner after the proposed acquisition Size: 225 sq.ft. (per Sheet 1 of R/W Plans) Shape: Rectangular - Use: The proposed temporary construction easement will be used by construction workers and equipment during the construction period (anticipated to be 1 year) to smooth the minor elevation difference and patch the damaged asphalt on the _ entrance to the park. Remarks: The area affected by the temporary construction easement will be returned to the owner at the end of the project (or sooner) in equal to or superior condition to pre-project. Remainder: (After the proposed acquisition) Location: On the south side of Franklin Road, east of Main Street, in Meridian, Idaho - Shape: Generally rectangular (larger parcel) Size: 4.203± ac. (4.6± ac. - 17,311 sq.ft., or .397 ac.) identified larger parcel Frontage: Franklin Road & Main Street Access: Entries are located near the east property line on Franklin Road frontage and - near the south property line on Main Street (see Site Plan). These are the same as prior to the project. Remarks: After the proposed right-of-way acquisition, the subject property will be a 4.203± - acre parcel of land that is improved with the Chamber of Commerce office building and is used as a city park. Curbs, gutters and a concrete sidewalk will be installed in the proposed acquisition area. It is the appraiser's opinion that the proposed right-of-way acquisition does not damage the subject parcel after - the proposed acquisition. Property Owner's Concerns: During the inspection, the following concerns were expressed: 1. That irrigation pump on North 2~d be replaced and pipe extended directly to the park, then the irrigation items to be corrected by the project will not be necessary (negotiation item). - 2. That site drainage in park be handled in design. Appraiser's Concerns: 1. That slope of fill in the easement area be: - a. Re-sodded. b. Appropriately irrigated. c. Slope be gentle enough to be maintained by current park equipment (mowers). Zoning Discussion: According to the City of Meridian, the subject property has the following zoning and - associated requirements: Zoning Classification Purpose: Utilities: - Permitted Uses: Accessory Uses: Minimum Lot Size: _ Setbacks: Front: Rear: Interior: - Street Side: Min. Street Frontage: (C-G) General Retail & Service Commercial District Area for commercial uses Required See zoning regulations in Addenda See zoning regulations in Addenda None 15 feet 0 0 0 40 feet 5 ZONING MAP Parcel 3 (City of Meridian) Franklin Road (East ls` St. to Nola Rd.) ~~T ___ __._~ _ ____~ ~.. R. ~ 1~ ~ tV 5 it Re ?- .. _. r ¢, ~:nt_": I ~, ~, ~ _ , . ~ ~ .. ""iai~ __k ---' ~ t ' ~= ~ ~ . ~ _". RUT ~ _; ... .h• tit .ki'4'ik'.w} "°".".""'~'!'!' '~~~ s ~ I' M1~ 1 a~ t~ _ ~_ i "~ ~~~ r ,k 33 3E ' 3 .. _,_ _...._ ~ <,,.~,. ~ .F ~..... R I _~ `:~ ~ _ _ R6 Rl ~ ~ .q ~ r i. .~~ ~ __ .._. , F "~ ,'~.~ ~ - - l ~ _ ,. ~ ~ ~ L _ ..,f .. R~fl I ~~ ~ ~: ~ ~ .~.. _., _. ~a ~, ,.~ .~ ,~,, w..~ _ .~ ;~ .~ ~ ~ ..~ _ ~ ,~ ~ ~~ ~ ~< .. ~.s, e. tarp .~ r ~ ~ . --- ~ _ _. ~ _~ - #rc ... t t~-~ __ ~ r ~ '~ `' -+., /'4 s^'r ~';~ F''" ,.,..~. °~ ~ ~. }ter . , _, ITD 2288 (Rev.5-02) Appraisal Report Project No. Key No. Parcel No. Parcel ID No. 501019.0 NA 3 S1118212610 Use of the Subject Property and Summary of Support and Rationale for the Opinion of Highest and Best Use: After considering the physically possible and legally allowable uses for the subject property (site or parcel), I believe the highest and best use is as follows: "As If" Vacant: Commercial "As Is": City park with Chamber of Commerce office building Summary Discussion of Collecting, Confirming, and Reporting Data Process: - The data collection portion of the appraisal assignment is to identify and confirm recent sales of comparable properties from the subject neighborhood and competing neighborhoods, that are considered to have similar economic and physical features as the subject property. The sources of data included interviews with buyers and _ sellers, other appraisers, realtors, and persons knowledgeable of the subject property marketplace. Recent sales of similar properties within the subject neighborhood and competing neighborhoods were researched. In this analysis, the sales considered to be most similar to the subjectwill be compared to the subject using a standard unit of comparison (dollar per square foot of site/parcel area). Summary of Information Considered, Procedures Followed, and Reasons Supporting Analysis, Opinions, and Conclusions: The appraisal process follows a logical series of steps which allow the appraiser to develop and support a market value estimate for the subject property, supported by market data. Typically, there are three basic approaches used in the estimation of the value of real estate. These approaches use three different types of information from the marketplace when available. They are the Sales Comparison, Income Capitalization and Cost Approaches. _ As per the ITD Appraisal Guide, in the ITD-2288 Form Appraisal Report, only the Sales Comparison Approach using recent sales of similar sites or parcels, was required, or is considered necessary for a partial acquisition. Summarize Information to Show Compliance With, or Clearly Identify and Explain Permitted Departures From, USPAP Standard No. 1 and the Reason for Excluding Any of the Usual Valuation Approaches (ITD does not require valuation of "unaffected improvements," [i.e., houses, buildings, etc.] Income and Cost _ Approaches are not typically used in this Limited Appraisal format.) For this appraisal assignment, recent sales of vacant similar properties are analyzed on a per unit of comparison indication. These comparables are then compared to the subject in order to estimate the value of the subject - site/parcel. The reported analysis, opinions, and conclusions were developed, and this report has been prepared in conformity with the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics of the Appraisal Institute, and the ITD Appraisal Guide. The appraisal process did ^ not develop the Cost and Income Capitalization Approaches. These approaches are not typically developed when estimating the value of a site or parcel. Therefore, the Departure Provision was not invoked. This summary appraisal report is a brief recapitulation of the appraiser's data, analysis, and conclusions. Additional supporting documentation is retained in the appraiser's files. VALUATION: Comparative Analysis: The following is a presentation ofthe comparable sales data, a summary of the pertinent adjustments, and the conclusion of value (unit of comparison) for the subject site/parcel. 6 COMPARABLE LAND SALES LOCATION MAP Parcel 3 (City of Meridian) Franklin Road (East lg` St. to Nola Rd.) 4~. i ^'C I r 'twa .°. _ d'1l Y J ~~ 1 I 1 µ }_ +. ! ~E i A C ~ ~ r ~..<., i . ~ ~ ~~ ~ a r - _ ~~~ ~~ ... ` f ~~ ~ ~ri9 s<I nlq ~ ~N ~-~ ~ 7 t] J~ ' h y ~ . ., ,: ~/ } ., 4 or '. J t 1 . r . € , f I I ~ ., .. , ~_. of '-.. 5 _ ~ r .' ~ : _ .. ~_ \I~ + ,' I ~«e115 n `~ ', .~..,. ' ..I. r :r 'F.t -. - . -~ .. . '. I i e ° 'iv.1 ~ ` '~.., ... ~ . 15 ~ ' ° 16 ,~ ~ ~ L ,~ ti. _~~- ' . - z a ~. r,,,: r II ~~ ~~' _ fi - ~ ! ! ~ ~ ~ `, ~ ~~ . ~ ~ , ,e. ~~ w st ~ A S ~~ 14 17 ~ ,+ ~ _ ~ ... I , _ } ~ ~ .... r ~ . ~ . r I IT i .. r] r ~ r ,. i ~ I ~ F ~ I e - i .... c ,~ ,r , .H ~ p,e v ~ ~, R'~ ~ I .~9 i ~ ~ T3. AI : r .: ~ i t y { x :.t i ~ ry r - ~-- -~ ~ I ~ - ~ ~.~ I 1 4) ~~ - t n ~ F.' ~ t ~ . I . >I -.:.-. lu. I_. i. 13 t; '.' _ ~ . _ .. 1 ,~ i i 1 t '', ' AT'.i. ' '1 ...~ ~- F?OIIC ? ~ f ~ ~ .. ~ . H~ J 1 :~ ~ _~ ~ 1 _ ' _. _ a , ,_ ~„ I ~ . ~"... ',, L~ fl.~zc. , ,: _ .., I ~ U _ _ I i-. ~~ ~~ ~ e t I T. I r ~ n i~ mD~n :. ~~ i~ _ .. ._ ~ _.._._,_ >. , ~ ' _ r~~_ I The subject property is indicated by the red arrow, and the comparable land sales are indicated by the yellow arrows. ITD 2288 (Rev. 5-02) Appraisal Report Project No. Key No. Parcel No. Parcel ID No. 501019.0 NA 3 S1118212610 Comparable L-14: Type of Property: Vacant commercial Date of Sale: June 2000 - Seller: Records East Buyer: Wal-Mart Sale Price: $5.26/sq.ft. Terms: Cash - Improvement Value: None Land Residual: $5.26/sq.ft. Parcel Size: 841,274 sq.ft. "; - Unit Price: $5.26/sq.ft. ~~ Hi hest & Best Use: g Commercial # _ Current Use: Wal-Mart „-. ~r ~> v., History of Ownership: Unknown M ' Purpose of Transaction: To build Confirmation: Seller ~`` Date of Confirmation: April 2001 Recording Number: 100035283 County Parcel Number: 87365670200 & 300 - Legal Description: Lengthy Comparable L-15: - Type of Property: Vacant commercial Date of Sale: October 2000 Seller: Hawkins-Smith _ Buyer: Target Co. Sale Price: $3,397,680 Terms: Cash Improvement Value: None Land Residual: $3,397,680 Parcel Size: 566,280 sq.ft. Unit Price: $6.00/sq.ft. Highest & Best Use: Commercial Current Use: Shopping center History of Ownership: Unknown Purpose of Transaction: To develop Confirmation: Seller Date of Confirmation: August 2002 ~- Recording Number: 100086632 County Parcel Number: S0528223125 Legal Description: Lengthy .~ ~'` ~: ~„ ,~ ~, - a .~ 7 - ITD2288(Rev.5-02) Appraisal Report Project No. Key No. Parcel No. Parcel ID No. 501019.0 NA 3 S1118212610 Comparable L-16: Type of Property: Vacant commercial y,,..-~--"'" Date of Sale: August 2000 .,,,~...-~"``J~ - Seller. Collister Inc. Buyer: Collister Merchants Sale Price: $2,000,000 ~ -==~ _ Terms: Cash Improvement Value: No value Land Residual: $2,000,000 Parcel Size: 383,619 sq.ft. - Unit Price: $5.21/sq.ft. Highest & Best Use: Commercial - Current Use: Shopping center History of Ownership: Unknown Purpose of Transaction: Investment Confirmation: Seller Date of Confirmation: August 2001 Recording Number: 100070656 County Parcel Number: S062934671 + Legal Description: Lengthy j Comparable L-17: Type of Property: Vacant commercial - Date of Sale: December 2001 Seller: Intermountain Development Buyer: Lithia Motors - Sale Price: $3,900,000 Terms: Cash Improvement Value: ~..-- No value - _"~~~ - Land Residual: $3,900,000 Parcel Size: 698,700 sq.ft. Unit Price: $5.58/sq.ft. - Highest & Best Use: Commercial Current Use: Vacant History of Ownership: Unknown ,~ Purpose of Transaction: To develop Confirmation: Selling agent Date of Confirmation: September 2002 Recording Number: 101128679 County Parcel Number: S1112223455 Legal Description: Lengthy 8 o~ ITD 2288 (Rev.5-02) Appraisal Report Project No. Key No. Parcel No. Parcel ID No. 501019.0 NA 3 S1118212610 ADJUSTMENTS: The Sales Comparison Approach is considered to be the best indicator of value for the subject property (or larger parcel). The market was researched for recent sales of comparable or similar sites/parcels in the subject and - competing neighborhoods. This research resulted in the analysis of comparables that were considered similar to the subject. The following presents the comparables and the pertinent adjustments in summary form. Adjustment: Rights Conveyed: The fee simple estate (unless otherwise noted) Motivation: Considered to be arms length transactions (unless otherwise noted). Comparable L-17 warranted an upward adjustment due to a deed restriction that eliminated certain commercial uses. Market: Size: Location: Zoning: Physical Characteristics: Sales are all located in the neighborhood or competing neighborhoods similar to the subject. Comparable L-16 required a 10% upward adjustment for an inferior location. The subject is zoned (C-G) Commercial General Retail. The comparables are considered similar and no adjustment is warranted. Corner/Interior: The subject is a major corner. The following adjustments were warranted: Comparable Description Subject Adjustment Interior Major corner 25% upward adjustment Minor Corner Major corner 15% upward adjustment Major Corner Ma"or corner No ad~ustment Off-Sites: Topography Utilities: Shape: The market indicated that a 5% annual appreciation rate (compounded monthly) for a change in value was appropriate (sales range from June 2000 to present). The sales range from 383,619 to 841,274 square feet in size. When compared with the subject's 200,376 square foot site/parcel, the market indicated that the following adjustments were warranted: Comparable Size Subject Size Adjustment 175,000 to 400,000 200,376 sq.ft. No adjustment 400,001 to 500,000 200,376 sq.ft. 10% upward adjustment 500 001 to 900 000 200 376 s .ft. 20% u ward ad ustment The subject has partial off-sites. comparables with off-sites installed are adjusted downward 5% and comparables without off-sites installed are adjusted upward 5% for the difference. The subject and the comparables are level. No adjustment. The subject and the comparables have utilities available. No adjustment. The larger portion of the subject property is rectangular in shape. comparables L-15 and L-16 are L-shaped, requiring an upward adjustment of 15%. 9 ITD 2288 (Rev. 5-02) Appraisal Report Project No. Key No. Parcel No. Parcel ID No. 501019.0 NA 3 S1118212610 ANALYSIS SUMMARY: Comp No.: Sales Price: Sales Price per Square Foot: Sales Date: L-14 $5.26/sq.ft. $5.26/sq.ft. June 2000 Discussion: This C-G-zoned, rectangular-shaped, 841,274 square foot comparable is located approximately 2 miles northeast of the subject on Fairview Avenue. Since the date of sale, it has been improved with a Wal-Mart. Adjustments: No adjustment necessary for property rights conveyed (fee simple vs. fee simple). No adjustment for motivation (arms length vs. arms length). 13% upward adjustment for time (June 2000 to December 2002 - 30 months @ 5%). 20% upward adjustment for size (841,274 sq.ft. vs. 200,376 sq.ft.). No adjustment for location (Fairview vs. Franklin/Main). No adjustment for zoning (C-G vs. C-G). 20% upward adjustment for physical characteristics (minor corner/no off-sites vs. major corner/partial off-sites). Indicated Adjusted Unit of Comparison: $8.56/sq.ft. Comp No.: Sales Price: Sales Price per Square Foot: Sales Date: L-15 $3,397,680 $6.00/sq.ft. October 2000 Discussion: This C-G-zoned, L-shaped, 566,280 square foot comparable is located approximately 4 miles northeast of the subject at the corner of Eagle &Chinden. Since the date of sale, the parcel has been improved with a Target Store and two pad sites. Adjustments: No adjustment necessary for property rights conveyed (fee simple vs. fee simple). No adjustment for motivation (arms length vs. arms length). 11 % upward adjustment for time (October 2000 to December 2002 - 26 months @ 5%). 20% upward adjustment for size (566,280 sq.ft. vs. 200,376 sq.ft.). No adjustment for location (Eagle/Chinden vs. Franklin/Main). No adjustment for zoning (C-G vs. C-G). 15% upward adjustment for physical characteristics (L-shaped vs. rectangular). Indicated Adjusted Unit of Comparison: $9.19/sq.ft. Comp No.: Sales Price: Sales Price per Square Foot: Sales Date: L-16 $2,000,000 $5.21/sq.ft. August 2000 Discussion: This C-2-zoned, L-shaped, 383,619 square foot comparable is located approximately 6 miles northeast of the subject on State Street. The improvements on the site were considered to be of no or minimal value. Adjustments: No adjustment necessary for property rights conveyed (fee simple vs. fee simple). No adjustment for motivation (arms length vs. arms length). 20% upward adjustment for expenditures after purchase (demolition). 12% upward adjustment for time (August 2000 to December 2002 - 28 months @ 5%). No adjustment for size (383,619 sq.ft. vs. 200,376 sq.ft.). 10% upward adjustment for location (State/Boise vs. Main/Meridian). No adjustment for zoning (C-2 vs. C-G). 15% upward adjustment for physical characteristics (L-shaped vs. rectangular). Indicated Adjusted Unit of Comparison: $8.86/sq.ft. 10 ITD2288(Rev.5-02) Appraisal Report Project No. Key No. Parcel No. Parcel ID No. 501019.0 NA 3 S1118212610 Comp No.: Sales Price: Sales Price per Square Foot: Sales Date: L-17 $3,900,000 $5.58/sq.ft. December 2001 - Discussion: This C-2-zoned, rectangular-shaped, 698,700 square foot comparable is located approximately 5 miles east of the subject on Fairview Avenue. - Adjustments: 20% upward adjustment necessary for property rights conveyed (deed restriction vs. fee simple). No adjustment for motivation (arms length vs. arms length). 5% upward adjustment for time (December 2001 to December 2002 - 12 months @ 5%). - 20% upward adjustment for size (698,700 sq.ft. vs. 200,376 sq.ft.). No adjustment for location (Fairview/Maple Grove vs. Franklin/Main). No adjustment for zoning (C-2 vs. C-G). - 5% downward adjustment for physical characteristics (major corner/off-sites vs. major corner/partial off-sites). Indicated Adjusted Unit of Comparison: $8.02/sq.ft. Final Correlation of Value: Summary of Indicated Values: Comparable L-14: $8.56/sq.ft. Comparable L-15: $9.19/sq.ft. - Comparable L-16: $8.86/sq.ft. Comparable L-17: $8.02/sq.ft. The comparables indicate the following central tendencies: Range: $8.02 to $9.19/sq.ft. Mean: $8.66/sq.ft. - Median: $8.71/sq.ft. Mode: NA Based on the aforementioned data, it is reasonable to conclude that the market value of the subject site/parcel on a per unit of comparison value, giving the most weight to comparables L-14 and L-17, is as follows: Indicated Adjusted Unit of Comparison: $8.75/sq.ft. 11 ITD2288(Rev.5-02) Appraisal Report Project No. Key No. Parcel No. 501019.0 NA 3 Valuation of Requirement or Total Parcel: Subtotal Acquisition: 17,311 sq.ft. @ $8.75/sq.ft. _ $151,471.25 Perm. Easement: 1,300 sq.ft. @ $8.75/sq.ft. @ 50% _ $ 5,687.50 Temp. Easement: 225 sq.ft. @ $8.75/sq.ft. @ 12% _ $ 236.25 Improvements Within Requirement (If An ): Landscaping (see Contractor's Bid): $15,595 Fence (Marshall Val. Serv., Sect. 66, Pg. 4): 350 In.ft. @ $9.90/In.ft.: $ 3,465 Gate (Marshall Val. Serv., Sect. 66, Pg. 4): 3' wide gate: $ 165 Loss in Value to Remainder (Severance/Minor Damages Explanation): Cost to Cure Items (Explain and S 12 Parcel ID No. S1118212610 Total $157, 395 $ 19,225 ITD 2288 (Rev.S-02) Appraisal Report Project No. Key No. 501019.0 NA Other Attachments or References (As Applicable): Parcel No. Parcel ID No. 3 S1118212610 The X indicates required in report. Mark others with an X if applicable. ® Letter of transmittal ® Certificate of appraiser ® R/W plans sheet or map ® Assumptions and limiting conditions - ®Qualifications of appraiser (if not attached, it must be on file, ITD employees only) ® Subject photos (with project lines and location map) and interior photos, if affected - ®Assessor's valuation (must include category and value per category) and plat map ® Comparable sales location map (if no market data book is supplied) ® Photo pages of comparables (not needed if in market data book) ^ Market data book, if applicable ® Remarks of assistance, inspection, and level of participation in the appraisal process, if applicable - ®Supporting bids, if applicable ® Discussion of current agreements of sale, options, or listings of subject property, if applicable - ®Salvage value estimate of affected improvements, if applicable ® Sign valuation (ITD-2690), two bids required if applicable ® Floor plan sketch, if applicable - ®Sketch of property showing improvements, if applicable ® Fixture inventory (ITD-5204), if applicable ® Identify tenant-owned property and ownership within R/W requirement ® Legal description ® Zoning information (basic in report/detailed in Market Data Book, if applicable) ® Economic rent information of impacted improvements and rental history, if applicable ® Title report (if supplied) ® Property owner advice of rights form ® Other - ®ATTACHMENT A -Legal Description (Whole Property) ® ATTACHMENT B -Legal Description (Partial Acquisition) - ®ATTACHMENT C -Legal Description (Temporary and/or Permanent Easement) ® ATTACHMENT D -Improvements within Requirement ® ATTACHMENT E -Contractor's Bids - ^ ATTACHMENT F -Sign Contractor's Bids ® SITE PLAN AND PHOTO DIAGRAM 13 (Rev. 6-01) CERTIFICATE OF APPRAISER Project No.: 501019.0 Parcel No.: 3 (City of Meridian) - Key No.: NA I certify that, to the best of my knowledge and belief: ] . the statements of fact contained in this report are true and correct. 2. the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions and conclusions. 3. I have no present or prospective interest in the properly that is the subject of this report, and no personal interest with respect to the parties involved. 4. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5• my engagement in this assignment was not contingent upon developing or reporting predetermined results 6. my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, - the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. _ 7. I have made a personal inspection of the property and also made a personal field inspection of the comparable sales relied upon in making said appraisal that is the subject of this report. The subject and the comparable sales relied upon in making said appraisal were as represented in said appraisal or in the market data book or report which supplements said appraisal. 8. that the property owner or his/her designated representative was given the opportunity to accompany the appraiser on the property inspection as stated in the appraisal report. 9. no one provided significant professional assistance to the person signing this report. l0. I understand that this report may be used in connection with the acquisition of right-of--way for a project to be constructed by the State of Idaho with assistance of federal-aid highway funds, or other federal funds. 11. that I have not revealed the findings and results of such appraisal to anyone other than the proper officials of - Ada County Highway District or officials of the Federal Highway Administration and I will not do so until so authorized by said officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings. 12. that I have, in making said appraisal, disregarded any decrease or increase in the fair market value of the real property prior to the date of valuation caused by the subject project for which said property is being acquired, - or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner(s). 13. that such appraisal has been made in conformity with the appropriate State laws, regulations and policies and - procedures applicable to appraisal orright-of--way for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of items which are non compensable under the established law of said State. 14 14. that my opinion of the fair market value of the rights being acquired in the property as of December 24, 2002, is $176,620 based upon my independent appraisal and the exercise of my professional judgment. 15. this appraisal assignment was not based on a requested minimum valuation, a specific valuation or approval of a loan. 16. my analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice and the Uniform Appraisal Standards for Federal Land Acquisitions. 17. the use of this report is subject to the requirements of The Appraisal Institute relating to peer review by their duly authorized representatives. 18. as of the date of this report, I, Albert W. Hill, have completed the requirements under the continuing education program of The Appraisal Institute. Appraiser's Signature CGA-12 Appraiser's License # January 13 2003 Date 15 ASSUMPTIONS AND LIMITING CONDITIONS This appraisal is subject to the following: The legal description furnished is assumed to be correct. 2. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear under responsible ownership and competent management. 3. The subject property will remain under management that is considered competent and ownership that is responsible. 4. No survey of the property was made, and no liability is assumed in connection with such matters. Information furnished by others is assumed to be reliable, but no responsibility is assumed for its accuracy. 6. I am not required to give testimony or to appear in court by reason of the appraisal with reference to the property in question unless arrangements have been made previously. 7. One or more of the signatories of this appraisal report is a member of the Appraisal Institute. The Bylaws and Regulations of the Institute require each member to control the use and distribution of each appraisal report signed by such member or candidate. - This report is intended for the exclusive use of the party for whom this appraisal report was prepared. The report is confidential and is not intended for the use of any other person or entity or for the use of any third party beneficiary. The report may not operate as any sort of - representation to any person or entity other than the party for whom it was prepared about the quality or value of the property appraised and only the person for whom this report was prepared has a right to rely upon the contents of this report. Therefore, except as hereinafter provided, the party for whom this appraisal report was prepared may distribute copies of this appraisal report, in its entirety, to such third parties as may be selected by the party for whom this appraisal report was prepared only upon receiving the prior express written consent of the signatories of this appraisal report to the distribution to third parties. Further, neither all nor any part of this appraisal report shall be disseminated to the general public by use of advertising media, public relations media, sales media or other media for public communication without the prior express written consent of the signatories of this appraisal report. ASSUMPTIONS AND LIMITING CONDITIONS (Cont'd) _ 8. The distribution of the total valuation of this report between land and improvements applies only under the utilization considered in this appraisal. The separate valuation of land and improvements must not be used in connection with any other appraisal and is invalid if so - used. 9. The market value estimate assumes that the property does not contain ureaformaldehyde - foam, asbestos, radon gas, lead, lead-based paint, polychlorinated biphenyls (PCBs), underground storage tank, or any hazardous substance. The appraiser does not warrant the existence or nonexistence of material in or on the property of ureaformaldehyde foam, - asbestos, radon gas, lead, lead-based paint, polychlorinated biphenyls (PCBs), underground storage tank, or any hazardous material or substance, makes no representation as to the degree of any health hazard or environmental hazard or condition that may exist on the -' property or in relation to the property, has not estimated the cost of the removal or remediation of such condition or hazard, and expresses no opinion as to any effect such - condition or hazard may have on the marketability or value of the property being appraised. If the appraisal assignment is to include a determination whether such environmental conditions or hazards exist on the property being appraised and is to consider the effects, if _ any, such environmental conditions or hazards may have on market value, previous arrangements must be made with the appraiser for environmental auditing of the property, appropriate engineering studies, and specific evaluation of the environmental conditions on the property upon the marketability and value of the property. 10. Any plot plan or other maps shown here for the purposes of identification are not to be construed as an actual survey. 11. An engineering investigation to confirm the structural integrity of the building(s) has not been made. For purposes of this appraisal, structural soundness is assumed to exist but is not warranted by the appraiser. - 12. An engineering study to determine soils suitability for existing or proposed structures has not been made. It is assumed that soil characteristics which could cause settling, sliding, dampness, or other damages to buildings and site improvements, do not exist. 13. Unless environmental studies are made available, it is the position of the appraiser that any duty and liability placed on the appraiser be commensurate with the level of knowledge, - training, and experience required of the average appraiser in the normal course of appraising real property for market value determinations. This duty should reflect the appraiser's frame - of reference, not the services that only an environmental engineer or comparable expert is equipped to perform. ASSUMPTIONS AND LIMITING CONDITIONS (Cont'd) _ 14. No environmental audit of the property has been made and no attempt has been made to determine whether the property or operations are in compliance with any federal, state, or local environmental statute, rule or regulation. The state of value is based upon an - assumption of compliance with all federal, state, and local environmental statutes, rules and regulations, that the property is not under any order or directive to institute any clean-up, remedial or corrective action plan, that the property is not the site of any treatment, storage, - disposal or release of any hazardous material or substance and is not the site of ureaformaldehydefnam, asbestos, radon gas, lead, lead-based paint, polychlorinated biphenyls (PCBs), or underground storage tank. 15. Appraiser shall not disclose the existence of any adverse environmental condition on or related _ to the property appraised to any person other than Ada County Highway District without the consent of Ada County Highway District unless required by law or the terms of the appraisal employment agreement or deemed necessary by appraiser to avoid imminent risk of injury to _ persons who may be exposed to such environmental condition. Nothing herein shall impose upon the appraiser any duty to disclose any adverse environmental condition. - 16. Ada County Highway District promises and agrees to disclose to appraiser all information concerning or relating to the environmental condition of the property being appraised which is known to or within the possession or control of Ada County Highway District, including _ without limitation information whether the property is or has been the site of any treatment, storage, disposal, or release of any hazardous substance, or contains any ureaformaldehyde foam, asbestos, radon gas, lead, lead-based paint, polychlorinated biphenyls (PCBs), or - underground storage tank. 17. To the fullest extent allowed by law, Ada County Highway District shall indemnify and hold harmless the appraiser, appraiser's consultants and agents and employees, and any of them, from and against any and all claims, damages, losses and expenses, including, but not limited to attorneys fees, arising out of or resulting from performance of the appraisal, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. To the fullest extent allowed by law, Ada County Highway District shall indemnify and hold harmless the appraiser, appraiser's consultants and agents and employees, and any of them, from and against any and all claims, damages, losses and expenses, including, but not limited to attorneys' fees, arising out of or resulting from any adverse environmental condition on or related to the property appraised. ASSUMPTIONS AND LIMITING CONDITIONS (Cont'd) _ 18. The Americans With Disabilities Act (ADA) became effective January 26, 1992. I have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a - compliance survey of the property, together with a detailed analysis of the requirements of the ADA, would reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this could have a negative affect upon the value of the - property. Since I have no direct evidence relating to this issue, I did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. - 19. The appraiser is not knowledgeable in determining the seismographical condition of subj ect improvements. This issue can only be confirmed by a knowledgeable construction engineer. - 20. SPECIAL ASSUMPTION: This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform - Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation _ concerning the data, reasoning, and analysis is retained in the appraiser's file. The information contained in this report is specific to the needs of the client, and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. 21. SPECIAL ASSUMPTION: The appraiser assumes that the subject property (total ownership) right-of--way plans and legal descriptions (partial acquisition) provided the - appraiser by Ada County Highway District are accurate. ATTACHMENT A -Legal Description (Whole Property) A part of Lot 1, Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada county, Idaho, described by metes and bounds as follows: - Beginning at the Northeast corner of Lot 1, Section 18, Township 3 North, Range 1 East, Boise Meridian; thence South along the East boundary of Lot 1, 381.7 feet to an iron pipe; _ thence North 89°20' West parallel to the North boundary of Section 18, 570.4 feet to an iron pin; thence North parallel to the East boundary of Lot 1, 381.7 feet to an iron -' pin on the North boundary of Section 18; thence south 89°20' East along the North boundary of Section 18, 570.3 feet to the POINT OF BEGINNING. LESS AND EBCEPTING THEREFROM that portion of said Property conveyed to State of Idaho, by Warranty Deed recorded December 24, 1963, as Instrument No. 572819, Official Records. Address: 0000 FRANKLIN ROAD, MERIDIAN, IDAHO MLC/ss 2 ATTACHMENT B -Legal Description (Partial Acquisition) Ada County Highway District - Project No. 501019.0 Franklin Road (East l5c to Nola) • Parcel 3 • Right-of--Way Take Description A parcel located in Government Lot 1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said Government Lot 1, from which an aluminum cap monument marking the northeasterly corner of the NW '/4 of said Section 18 bears N 89°19'51" E a distance of 2401.71 feet; Thence N 89°19'51" E along the northerly boundary of said Government Lot 1 a distance of 923.32 feet to the POINT OF BEGINNING; Thence continuing N 89°19'51" E a distance of 169.23 feet to a point; Thence leaving said northerly boundary S 0°39'30" W a distance of 47.45 feet to a point; _ Thence S 88°03' 16" W a distance of 339.77 feet to a point; Thence S 89°19'51" W a distance of 157.29 feet to a point; Thence S 47°12'25" W a distance of 46.45 feet to a point on the easterly right-of--way of Main Street; Thence N 1 ° 15'32" E along said easterly right-of--way a distance of 34.03 feet to a point; Thence leaving said easterly right-of--way N 45°00'06" E a distance of 31.69 feet to a point; Thence N 89°19'51" E along said southerly right-of--way a distance of 339.48 feet to a point; Thence N 0°40'09" W a distance of 30.00 feet to the POINT OF BEGINNING. This parcel contains 0.397 acres (17,311 square feet) and is subject to any easements existing or in use. Said parcel contains 0.097 acres (4,224 square feet) of existing Franklin Road prescriptive right-of--way. _ Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated Revised: November 21, 2002 ATTACHMENT C -Legal Description -Temporary and/or Permanent Easement Ada County Highway District _ Project No. 501019.0 Franklin Road (East 1St to Nola) • Parcel 3 • Permanent Easement Description - An easement for roadway slope purposes located in Government Lot 1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said Government Lot 1, from which an aluminum cap monument marking the northeasterly corner of the NW 1/4 of -' said Section 18 bears N 89°19'51" E a distance of 2401.71 feet; Thence N 89°19'51" E along the northerly boundary of said Government Lot 1 a distance of 643.06 feet to a point; Thence leaving said northerly boundary S 0°40'09" E a distance of 55.00 feet to the POINT OF BEGINNING; _ Thence S 85°45'43" E a distance of 56.83 feet to a point; Thence S 88°28'37" E a distance of 51.04 feet to a point; Thence N 87°13'22" E a distance of 52.40 feet to a point; Thence N 85°38'35" E a distance of 48.36 feet to a point; Thence N 87°07'59" E a distance of 49.57 feet to a point; Thence N 85°36'33" E a distance of 50.56 feet to a point; Thence N 87°13'06" E a distance of 2.61 feet to a point; _ Thence N 1°56'44" W a distance of 1.00 feet to a point; Thence S 88°03' 16" W a distance of 202.16 feet to a point; Thence S 89°9'51" W a distance of 108.71 feet to the POINT OF BEGINNING. This parcel contains 0.030 acres (1,300 square feet) and is subject to any easements existing or in use. ~~~ _ Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated Revised: November 21, 2002 ~ ~ ~~ ~n `i O ~~~, a_ ATTACHMENT D -Improvements Within Requirement Landscapinglsee Contractor's estimate): $15,595 Site Improvements: - Fence (Marshall Val. Serv., Sect. 66, Pg. 4): 3501n.ft. @ $9.90/ln.ft. _ $ 3 465 - Gate (Marshall Val. Serv., Sect. 66, Pg. 4): 3' wide gate = 165 - Total: $19,225 ATTACHMENT E -Contractor's Estimate Horticultural Consultant 2040 Varian Place Gary D. Moen Telephone: Boise, Idaho 83709 (208) 376-1922 Moen20@msn.com ACHD Project # 501019.0 Franklin Rd Parcel # 3 City of Meridian -Park Large tree values were determined by ISA Trunk Formula Method. Other Item values were determined by current replacement costs. (1) Acer saccharinum -Silver Maple, 30" dbh and measured height 49'. _ This tree has been severely topped on what appears to be three separate occasions. The tree is located in the North West quadrant of the Park. It has a nice round-headed appearance (profile). _ $ 7,000.00 (1) Fraxinus pennsylvanica -Green Ash (female), 6 stems up, 21/2" -31/2" calipers. Self-seeded, growing along the N. side of _ chain link fence. This naturalized clump detracts from a well groomed park and contains within it a Ulmus spp. _ $ 300.00 _ (1) Parthenocissus quinquefolia -Virginia Creeper, growing on the chain link fence. Excellent vine, does a nice job of covering the fence. _ $ 75.00 (13,700 sq. ft.) Turf -predominately Kentucky Blue Grass, sq.ft. x $0.60 = $ 8,220.00 TOTAL = ~ 15,595 Data collected on September 7, 2002: ,_ Processed on January 4, 2003 I certify that all statements of fact in this appraisal are true, complete, and correct to the best of my knowledge and belief, and that they are made in good faith. Horticulturist / Arborist Gary D. Moen .. Submitted to: Bert W. Hill, MAI Real Estate Appraisal Services ATTACHMENT F -Sign Contractor Bids None. SUMMARY OF THE RIGHTS OF AN OWNER _ WHEN ADA COUNTY HIGHWAY DISTRICT SEEKS TO ACQUIRE PROPERTY THROUGH ITS POWER OF EMINENT DOMAIN. (1) The Ada County Highway District has the power under the Constitution and the laws of the State of Idaho and the United States to take private property for public use. This power is generally referred to as the power of "eminent domain" or condemnation. The power can only be exercised when: (a) The property is needed for a public use authorized by Idaho law; (b) The taking of the property is necessary to such use; (c) The taking must be located in the manner which will be most compatible with the greatest public good and the least private injury. (2) The Ada County Highway District must negotiate with the property owner in good faith to purchase the property sought to be taken and/or to settle with the owner for any other damages - which might result to the remainder of the owner's property. - (3) The owner of private property to be acquired by the Ada County Highway District is entitled to be paid for any diminution in the value of the owner's remaining property which is caused by the taking and the use of the property taken proposed by the District. This compensation, called "severance damages", is generally measured by comparing the value of the property before the taking and the value of the property after the taking. Damages are assessed according to Idaho Code. _ (4) The value of the property to be taken is to be determined based upon the highest and best use of the property. _ (5) If the negotiations to purchase the property and settle damages are unsuccessful, the property owner is entitled to assessment of damages from a court, jury, or referee as provided by Idaho law. (6) The owner has the right to consult with an appraiser of the owner's choosing at any time during the acquisition process, at the owner's cost and expense. (7) The Ada County Highway District shall deliver to the owner, upon request, a copy of all appraisal reports concerning the owner's property prepared by the Ada County Highway District. - Once a complaint for condemnation is filed, the Idaho Rules of Civil Procedure control the disclosure of appraisals. Summary of Rights -Page 1 (8) The owner has the right to consult with an attorney at any time during the acquisition - process. In cases in which the Ada County Highway District condemns property and the owner is able to establish that just compensation exceeds the last amount timely offered by the Ada County Highway District by ten percent (10%) or more, the Ada County Highway District may be required - to pay the owner's reasonable costs and attorney's fees. The court will make the determination whether costs and fees will be awarded. _ (9) The summary of rights is deemed delivered when sent by United States certified mail, postage prepaid, addressed to the person or persons shown in the official records of the county assessor as the owner of the property. A second copy will be attached to the appraisal at the time _ it is delivered to the owner. (10) If the Ada County Highway District desires to acquire property pursuant to Chapter 7, - Eminent Domain, of Title 7, Idaho Code, the Ada County Highway District or any of its agents or employees shall not give the owner any timing deadline as to when the owner must respond to the initial offer which is less than thirty (30) days. A violation of the provisions of this subsection shall - render any action pursuant to this Chapter 7, Eminent Domain, of Title 7, Idaho Code, null and void. (11) Under section 7-711(2)(b), Idaho Code, damages may be assessed for damages to a - business. In order to recover for damages to a business, the property sought to be taken by the Ada County Highway District must constitute only a part of a larger parcel, the business must be owned by the person whose lands are sought to be taken or be located upon adjoining lands owned or held _ by such person, the business must have more than five (5) years standing, and the taking of a portion of the property and the construction of the improvement in the manner proposed by the Ada County _ Highway District must reasonably cause the damages. Business damages are not available if the loss can reasonably be prevented by a relocation of the business or by taking steps that a reasonably prudent person would take, or for damages caused by temporary business interruption due to _ construction. Compensation for business damages shall not be duplicated in the compensation otherwise available to the property owner under paragraphs (2), (3) and (4) of this Summary. Section 7-711(2)(b), Idaho Code, sets forth the procedures an owner claiming business damages must take, _ and the timing thereof, in the event the negotiations to purchase the property and settle damages are unsuccessful and an action in condemnation is filed by the Ada County Highway District. (12) Nothing in this summary ofrights changes the assessment of damages set forth in section 7-711, Idaho Code. - Any questions concerning this Summary of Rights Form should be directed to KATHY SMITH, Right of Way Agent, Right-of--Way Division of the Ada County Highway District at 387- 6275. Summary of Rights -Page 2 SITE PLAN & PHOTO DIAGRAM Parcel 3 (City of Meridian) Franklin Road (East 1S` St. to Nola Rd.) FRANKLIN ROAD w NORTH N _ ~ E~ d W Partial Acquisition Permanent Easement Temporary Easement r Indicates photo number and camera location. 169.23' APPRAISER'S AREA CALCULATION Parcel 3 (City of Meridian) Franklin Road (East 19` St. to Nola Rd.) FRANI~LI`v ROAD t ilJ `~ ~.,.__._._._.__ ! axr l<rs i,~` ~ z.~' .. _.__ ~~a-.; ~-- i C!'} :,t' i..~ ~, G.i. Larger Parcel (in green): 4.60 Acres (per appraiser's calculations) Less Partial Acquisition (in red): - .397 Acre (17,311 Sq.Ft. -per legal description) Remainder (after acquisition): 4.203 Acres Permanent Easement: 1,300 Sq.Ft. (per legal description provided) Temporary Easement: 225 Sq.Ft. (per legal description provided) ¢xr Yoar ._.._...._._........_, ^v. ~ 2002 „ ' Pmcel K 1 snYdz7267o~" k,. Property Addrer: 1 E FRdNKIIN Rp .. -_. ~_._W___: _.:~. ......~..._,. _ _. iMERIDIAN ID 0000D-0~0 Group TYPE SECT _,., ..., a Group • (Y 77d ... , 3,.,..__._ ....................._.......,......_._.....,........._,_,,........,._......, ... De:cr 3H #E 7d """"~_ ~rsn ~,,, ,,,,,,,,,,,,,,,~.,~.,._,,..,__....,,..., _..__.,.,.~__..,,,_..,_. ',. 6 ectisn/T swnthip/Range Y B.., ~ ~ _ ~ Y E....~ znrrirtg cods ,_C'~........ 5tatu: ~ ~/++9.. " ~ Phyxrcal Inspechart Date OY/01 /19'.k~i 1 ,...._._,.._..__...._...___...~., ~'^ Dr!~ NDE ~" dankroptq i - y~e Prssary Csde Ama ~03 ~~xtrec~P Apprarzers Iratrela D6C [-lX~laats'" ~ Cireuil Breaker I `Urban Re~wai " _... ___.,, ( .OwnerzhgrChange (~Prspel _.,. tpDa~ ~,~aricsl, _ ~'~;;9p _.. , .- . ... OwNEH INPDRMATIUN -., ..-.._ ............_,_,.; Name ~ iMERIpIAR CITY I _ .. _ ~ --'_"°" _ ~ ......,... ~ .. ~ ~....... ~. , _ ~ I _ . -._ _.. ~ Mmlmg Address .. _.._. _. _ ~ aaa lleia :; ._ . ~ 33 E IDARD AYE ..~ ! '. '; I HERIDIAN ID 8362 2637 i , ' s j (~..... .....,..~...........~.,,_.. 7 .,... .......,...,.... .....................V~,..5 ~,,,,,Tesade Aml t u.. X .,.,_ ........................~...,,,,....._.,,.,,_ .__ 5tata Parssl p ......~......_._.~ ~.. ...,.. .. .M3N1EFY 82610 ~ :: uwa >r > Total Acreage t~J File Select Edit Tools Window Help ~ J ~~ ~~~~ 0 PARCEL INFORMATION Year Property Type Status Physical Inspection Date f Drop HOE _ 2002 ~~ ~ O1 /Ol /1995 r Bankru tc P Y r Parcel >< Suh Property Type Primary Code Area Appraisers Initial: r Circuit Breaker ~.u - ~ r 51110212610 ] 03 ~ DGC Districts Details r Urhan Renewal r ^wnership Change ^iProperty.f)ecc., ~1 Cancel PHYSICAL LOCATION DWNEfl INFORMATION Name Property Address E FRANKLIN RD MERIDIAN CITY MERIDIAN ID 00000-0000 ~Add'I Info Mailing Address Group Type SECT group tl 1118 33 E IDAHO AVE MERIDIAN ID 83642-2631 Description 3N 1E 18 Section/Township/Range 18 3N 1 E Zoning Code C-G PARCEL VALUES Ac[ire Assessment Rall Property Occupancy Stale Category Code Acreage Assessed Value Valuation Method Primary Non-Occupancy 61D 19.940 0 MARKET Total Parcel Values--- Assessed Amt l oe Taxable Aml I r+ CHARACTERISTICS Land 1 ~ {i ~ q I R j~Start ~ADAT -Terminal Servi... iJ 'r 1:01 PM `~~ .rl Ig7r:~rr~~vrvr i~ ~~ ~~~~ 0 -iui= -Ir ~v l'_ -'~'. Parcel parcel # Street # Pfe S[reel Name Street Posl Unit Unit # City State Zip Code Code Assess r Suffix Du. Suffix Dir. Type Area # Roll I • r s 11111 I I 1~ i II Year 2pp2 Parcel q 5111 821 261 0 ~ ~ Cancel Reappraisal Year 2000 1 Appraisers Initials DGC Assessed Acres 0.000 0.000 19.940 Inspection Date 01/01/1995 Stale Category Code ~ r l V l u- 810 Value per 0.00 0.00 p.pp MLS Area 1020 r r r r r r r r r Street Description Neighborhood Typa I~ Utilities ~~ Neighborhood Condition ~~ Water ~] Topography I ~ ~ J Sewer ~~ Water I" ~ J r OFf:ite Impr Curb/Gutters r OFFsite Impr Sidewalks Yiew ~ I~ J Yalues Date 00/00/0000 Residential Sales Code Price I V ~~ Commercial r Uther !Start ]ADAT-Terminal Servi... ~~~ iJ.,e'1 1:01 PM ~ .. . _ _ i ~ 1 ~. w.w~._ww.w.w.ww.w.w.~.ew..-.. .w. ~...... n.w. ~w.. wwi.~ ~w ~ ~ ~ ,~, _. - - iww..ww.ww.~.wR.wlw .~ wn .w ni* f""l' .. ~ o 0 ' 1: ry o . ~..wr . . 1 Nlry m 1 ~o ~ O1 o ° ` ~ ~, ~ 1 > 1 ~ ` ° o ~ o m N I ^ I ~ O I - p ~ ~ ~ N ^ N ^ 1 1 N p M ~ M 1 O ~ N ^ " ~ O N ~ 1: ~ M ~ ~~ ° ~ l0 o ~ ~ N .. 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I r~ _ ~t ya oI ...~ I ~ K m W ~1 rr~ ~1 z z a a ~ a z w z > z v a o ¢ ~ U j O ~ < z ~ v ~ F m ~ X m 7 y D N o o n \ ~ U z z 2 a F ~ w ~ LL LL W O U ~] [~ ~ ~ N d fn O 7 (~ ~ y I I ~'I B • o • I ~ o I I ; I I I Z O O = Q U p W N W H O Z ~' p O U Z p ? W Q zo = Z w< Q W 0 ~ ~_ C7 4j O ~ W ~ W ~m ~~ m m W Z p~ W I"' ~ Z~ ~ ~ Q ~ U O _J I I N~ I 3 3 Q °$ ~ n ,.. ~ a'a 'si~a ':vs:t _ dMCil lMIQ1[;1 zrrsBZ ;w .w,~,,, s ~ O evs~ ~s foL Y ~ ~ F 6~o cN p _ nogg cm Z < o n w No za ¢ '~Y f 53 ~'p'' £ v ~ ~ r.~ ni~ q g H 3aa•L°•S 2 WHO ~i L =; O ~ ¢ ~a ~ 1_ ~ g o¢ WO kY.. E~~ES ~~6 + ss ~ ~ f C Soo N V) z > ~} O ~~5 < :g ~ 3~$-; L;~ ~ o ¢o O ~ y Z zv`-i F rcS ~~: ~Tt w e a V 3 \ ~ ~` 2 < w O o. € _¢oxEe~i ~ ¢a ~ F ~ ~s f- m _ y ~ 1®'Yfft 'M .BS1L0 5 s ~ ~~ ~ ~~ ~ Nt ~ ~ z I w ~_ = ~ 03LLV1dN N~ n -- ~- -- 1~ s~ I ;- K~ a NI ~~N w~ ~I ~ mI ~rc im W I ~~ Zx W °' i 3 g ~ qqo ~ N W 11/ Z ~ <c Q O N 7 5 y h MI ~ ~ I' z mI VIm Z ~ i m JI~ ^_ r 3 .xzaz 'M .co,oro s ,a0•~j.01 3 .£0.01:0 'N a ~ ~I ~ z~ I ' 3 ~ ? I o r ~ O R a3 N m 5 Z N ~ m ~ ~ V W 0 N ~ F m ~ I 3 I v v U o ~ ~ H _ ~ 3 cV o N I ("i U I ~ 'I x a W [~ W z m ri O N O W II N~ W W O C1 a O U W ~a ~i :J a --. Form No. 1342 (1982) ~ . ALTA Plain Language Commitment a. -~ ~ First American Title Insurance Company ~ INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to _ show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. - The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE B-1 -Requirements 3 SCHEDULE B-2 -Exceptions _ 4 CONDITIONS other side of 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Lrm No. 1343 (1982) TA Plain Language Commitment . - COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Com- mitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment -' Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. - The Exceptions in Schedule B-2. The Conditions on the other side of this page 1. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHE~I_ILE B. First American Title Insurance Company BY' ~ PRESIDENT ATTEST ~,L~w..e G, )G.C.~~C.~..~~ SECRETARY i BY COUNTERSIGNED P~nc i • • FA-140235/MLC Your No. CITY OF MERIDIAN/ACHD FIRST COMMITMENT SCHEDULE A TO: ADA COIINTY HIGHWAY DISTRICT 208 E. 37TH STREET, SIIITE 1 BOISE, IDA$O 83714 - ATTN: KATHY SMITH PROJECT NO. 501019 - 1. Commitment Date: FEBRIIARY 20, 2001 AT 7:30 A.M. 2. Policy or Policies to be issued: Amount Fee (X) (a) Owner's Policy TO BE DETERMINED -- ALTA Form 1402-92 (10-17-92) Proposed Insured: ADA COIINTY HIGHWAY DISTRICT - ( ) (b) E%T Loan Policy ALTA Form 1056-92 (10-17-92) Proposed Insured: - ( ) (c) Endorsements (X) (d) CREDIT NONE 3. Fee simple interest in the land described in this Commitment is owned, at the Commitment Date by: - CITY OF MERIDIAN, a Municipal Corporation 4. The land referred to in this Commitment is situated in the - State of Idaho, County of Ada, and is described as follows: continued 1 FA-140235/MLC Your No. CITY OF MERIDIAN/ACRD SCHEDULE A CONTINUED A part of Lot 1, Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada county, Idaho, described by metes and bounds as follows: Beginning at the Northeast corner of Lot 1, Section 18, Township 3 North, Range 1 East, Boise Meridian; thence - South along the East boundary of Lot 1, 381.7 feet to an iron pipe; thence North 89°20' West parallel to the North boundary of Section 18, 570.4 feet to an iron pin; thence North parallel to the East boundary of Lot 1, 381.7 feet to an iron pin on the North boundary of Section 18; thence South 89°20' East along the North boundary of Section 18, 570.3 feet to the POINT OF BEGINNING. LESS AND E%CEPTING THEREFROM that portion of said Property conveyed - to State of Idaho, by Warranty Deed recorded December 24, 1963, as Instrument No. 572819, Official Records. Address: 0000 FRANKLIN ROAD, MERIDIAN, IDAHO MLC/ss 2 - i ~, FA-140235/MLC - Your No. CITY OF MERIDIAN/ACHD SCHEDULE B - Section 1 - REQUIREMENTS _ The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. - (c) Documents satisfactory to us creating the interest in the land and/or the Mortgage to be insured must be signed, delivered and recorded. ~` (d) You must give the following information: 1. Release(s) or Reconveyance(s) of item(s) - AS MEETS INSIIRED'S REOUIREMENTS. (e) We require Seller or Borrowers Affidavit provided and approved prior to recording. 3 • • FA-140235/MLC Your No. CITY OF MERIDIAN/ACHD SCHEDULE B - Section 2 EXCEPTIONS Any Policy we issue will have the following exceptions unless they are taken care of to our satisfaction. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. _ 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. NOTE: The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended or EAGLE Coverage Policy. continued 4 FA-140235/MLC Your No. CITY OF MERIDIAN/ACRD SCHEDULE B CONTINUED 7. General and Special Taxes for the year 2001, an accruing lien not due or payable until the fourth Monday in November 2001 when the bills are issued, the first half of which is not delinquent until after December 20, 2001. 8. Special assessments of the City or Village of Meridain, if any, for which we make no search. 9. Right of Way for Nine Mile creek. 10. An Easement over said land in favor of IDAHO POWER COMPANY, a corporation, for power lines and incidental purposes as set forth in an instrument recorded February 10, 1954, as Instrument No. - 355994, Official Records. (Appears to lie within the easements shown on the plat.) _ 11. An Easement over said land in favor of IDAHO POWER COMPANY, a corporation, for power lines and incidental purposes as set forth in an instrument recorded February 5, 1976, as Instrument No. 7604494, Official Records. (Appears to lie within the easements _ shown on the plat.) 12. License Agreement for RUTLEDGE LATERAL, recorded June 9, 1986, as Instrument No. 8630374, Official Records. 13. License Agreement for NINE MILE DRAIN, recorded July 21, 1987, as Instrument No. 8742105, Official Records. 14. License Agreement for RUTLEDGE LATERAL, recorded December 27, 1988, as Instrument No. 8863084, Official Records. 15. Master Pathway Agreement, recorded December 26, 2000, as Instrument No. 100102999, Official Records. 16. Master Pathway Agreement, recorded January 9, 2001, as Instrument No. 101002090, Official Records. 17. Master Pathway Agreement, recorded February 6, 2001, as Instrument No. 101009649, Official Records. END SCHEDULE B INFORMATIONAL NOTES: continued 5 FA-140235/MLC Your No. CITY OF MERIDIAN/ACHD SCHEDULE B CONTINUED NOTE: General taxes for 2000 which are exempt, Code Area 03, A. P. No. S-1118-21-2610, have been paid in full. - NOTE: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: If you have questions regarding this commitment please contact: _ MAY LIN CARLSEN, Title Officer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC. 7311 Potomac Drive, Boise, Idaho 83704, or call (208) 375-0700 or 1°800-321-7311. - Fax (208)327-5514 6 4File ~Ielec t ITo~ol sI ` Window Help ~J J - ~ J J J ~ I ( J ~ - ~ ~ ~ ~ Year PARCEL INFORMATION Property Type Status Physical Inapection Date ~ *~k ~ . 2000 01/01/1995 f Drop HOE r Bankruptcy ~~" ~= Parcel # Sub Pro erl T p y ype Primary Code Area Appraises Initiala f Circuit Breaker u' _ 51118212610 03 Districts DGC Details ~ I- Urban Renewal - - y I Ownership Change ^ Prope Desc. ~ Canccl J PHYSICAL LDCATION OWNER INFORMATION __ Property Address - Group Type D escriplion - Section/Townshi 18 3N E FRANKLIN RD MERIDIAN ID D0000-0000 SECT Group # 1118 3N 1E 18 p/Range 1 E Zoning Code C•G Name MERIDIAN CITY Add'I Info Mailing Address 33 E IDAHO AYE MERIDIAN ID 83642-2631 PARCEL VALUES Valuation Total Parcel Values Actire Assessment Roll Property Occupancy State Category Code Acreage Assessed Value Method Assessed Amt ~ D Primary Non-Occupancy 810 19-94D D MARKET r ' r }C - ~ State Parcel # **~` ~ M3N1EF182610 _ Property Description ' ":r- r- ~':: PAR #2610 OF NE4NW4 L u _ _ OF WZNW4 - SEC 78 3N 1E CanceP #223050-212600-23405D-C ~ "' , 3ady itart ~iPublic Property Tax .- fJ[R3642541S1 Taxable Amt 0 fuslam2 Y085YTC CAP NUM ®~ ~ 3:52 PM '"File ,elect View -- - -~ ~J ,~ ~r ~- ~~:`"~~~ Year -f .r. 2000 51118 2000 S1118 2000 S111B 2000 51118 _ 200D S1118 2D00 S11182 2000 511182 2000 511182 2000 S11782 2000 511192 2000 511182 2000 511182 2000 517182 2000 511182 2000 571182 2000 S11182 200D S11182 2D00 511182 2000 S11182 2000 511182 2000 511182 2000 511182 2000 511182 2D00 571182 ~ I x MERIDIAN CITY Bank Code _J r r Code Area 03 ~ 1~ 33 E IDAHO AVE ' MERIDIAN ID 83642-2631 Values r :~•-~,. ~~'• ~#'•'' .'~ Interest Date 12/19/00 Calculate • ® Property Mazter ,L Total Due 0.00 Year Amount Due Amount Due Amount Due Tax/Cert Late Charge Fees Interest Tax/Cert Late Full Year 1st HaIF 2nd Half Full Year Full Year Full Year Full Year 1 at Half 1 ~ ~ -J Public Pre-Paid 1 Tax Summary v ®PrePaid Status Year Transaction Prepaid Packet I1 Payment Reversed Reversed Reversed q Pay Date Amount Status Amount Date Inten ~ ,, - P 2 2 2 2 2 .I :ady ^~tarl ,~y1PublicProperlyTaxtdDl•~...I ~R36 4 2541 5 1 I #[PT4pbFj Public Tax... ZJ "J 1J J U nil a MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI KUNA MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI MERIDI .,_ .._ .; lirslam2 YOBSYTC CAP NI -.~ ®sr ~ 3:53 PA ~,~~. ' ~ S _~~,~, fi32.~~.s V E - - r " ~. < ''11~ ~ •• s. ~~ w h sAT.oo S. ~ ~ '. D ~i- Y.L ~ ~ ~~ L - ~ G rt. j ~~ ~ M -.S - ,;. --- .~ J,. q t: ... ... ~. ~~: , _( rg s- '~~ _~ n0 m~ _ w `~ ~ ._ ~, N }.' .--:.---r-+-..-.~ ~. 7B~ 7 ~ '- sKU ;,~ ~. y. i, • ,, . ~ o 1 ~ ~~ oJO-oo • m z - o a F f ~ ~ - a v a ~ g 9 ~ y ~~jj rl~ m n°', O H (.J ~ ~ ~ N /~ O ~ J p y 8 S1 _ . .____...-- ~~ 0 s 0 g D N 'A ~// O ~ 'A O v' ~7 ° 0 T ^~^ N cn to ° 0 .Z ] w //~ N V/ pOj V O O O V n ~l'7 A w / N ~ m ° O r w N / OO T Y O A N O m $ ~'m ~'s~:~a _~ 52o3n~~3a o° ~m„~~°a4 3 m N Dv 9 - ~A .ca 3~ ~ ya ~m ~~~° vy $ n ~7 ~~ ~ m O~(q~ ~ ~ N G ~ c ~ ~ a ` ~ w~ N Q~i _ ~',Q a.~~a_.~q Q. ~~ m ~ ~ ~ m ~ p_ m ~c g 3 ao~itS'~~'~n°O~ V O.~L.~ -.. 91 N 2 Q D? y ~ a ~~ ~ a `G w ~ Q y ~ ~~ do~$? m'3~ ° ' O m ~ 3 m o d m o~" ~A~ Z~m °o _ N ? ~ S G O l _ a ~ ~ c ° 3 0 _. N ~ ~ ~ ~ __.__..__..__..._ __~ ~ V ~ m ,~ ~ a d m ~a z W NN O S~~g x 0~<2. tr1 ~ ~ o, ~ 0 ~ I 1 D ~ ~ ~ ~ z fig{ ~ ~ ~ (7 O ~• ~, ~ 3 i ~1 ~I ~ N ~ ~ ~ ~ II „ M x f F ~ ~ II ~ ~ ~ ~ ~ ~ ~ ~ ~~~yyy ~ ~ ~ N b ~ g s~ ~ ~ ~ a ~ ~ ~, ~ ~ ~ z a ~ V y ~~~Gyy N ~~ w ~ ro H -3-- - - 1st----- ~~ a~g ~~ ~ ~~ ~ ~~.~ ~~ ~~.$~ w ~ ~~ ~ ~~ N N ~ O $~~ A A N N m° rn 0 0 0 0 A A w N N ~ O ~ O 0 w O O N 0 rn ~ V b Z N O O N a o ~ rn ~ o ~ ~ o 0 V (a O ~ ~ 0 m °' o N ~ ~ O O A N 0 0 A N V A N o °' A o N ~ i O` O O A V N ~ O 0 O 0 A N A ~ N O 0 rn `c~ A O N O T O 0 A A ru m A a N O 0 U m N 0 0 ti O ` -;~ ~ 7~ r~ ' ADA COUNTY, IDA~ ~~ ~~ 15U lUi -- - _--- -- - ---------- - ------ _ - ----- - Re~~rieB~ns indiEatiny a preierenc+ Meridian Dairy k Stock Shown. Inc. ~mitatiori or discrimination based c race, color, religion, sex, handicai To Instruaieat T+o. 23(i©so~milial status, or national origin ~ City or 6_erldien hercrby deleted to the exlen' tis€ Dated b`.ay 20, 1949 3UGi1 restrictions violate 42 US' ~60q(c). ® %ii3 I::J~:iUPW, Yt,da this 20th day of hay in the year of our Lord one tt,ousend niro h,L~dred and forty-aloe between aeridian Dairy k SLOCY, shows, Inc., a corporation duly or- ganized and 'existing under the laws of the State of Idaho end having Sts principal office Sn Idaho et L:erid!ea in the County of Ada, ;.arty of the first part, and City of ieridisn, e '_'uaiclpal Corporation of the County of :.da, :;Gate of Idano, party of the second part, KITIT'S:L'iki, fiber [he said party of L::e first part, having been hereunto duly uuthor- i••ed by resolution of its Hoard of Directors, for ahd in conslderstion of the sure of _.~E atiCUSA:.D Ti•.,-'.53 c-L7dT.i.~D ?IFFY-SICHi and 34/100 DOLLiiiS, lawful money of the l;nlted 3ta tes of :.ce rlee, to it in hs ni paid by the said ;arty of t!:e second Dart, Lhe ra ce 1, c w:ereof is .Zereby eccnowledgnd, hos granted, bargained and sold, and by tt,ese presents dccs Praat, targain, sell, convey and confirm unto the said party of the second part, and :o i*.s successors and assigns forever, all the folloa!nt described real estate s!tuat,gd !n tre Co~.nt• of State of Zdaho, to-wit: /l.©J ~((/l~ A pact of. Lot 1. erection 18,ISec. 18), Tcsnship 3 I+orth (T. 317.), range 1 Last (R.15.1 Noise ::crldien (3.LT.) des~rS,b~ad b;/ metes and bounds as follows: ® cf•,_~~ ~* ~:`. ;~ f ~\ '/ ~GL~ W R(~ `,~`Y " ~W r(j a Hegianl at the i:ortheust corner of Lot 1, Sec. 18, i. 3 li., R. 1 .. B.L:.; Taeace Sous: along tY.e Sast boundary of Lot 1, 381.7 feet to an iron pine; 'ir.ence 1J. 89°20^ ;ti. parallel to Lhe ilorth boundary cf Sec. 18, 570.4 feet to an iron pia; .aence i:orth parallel to the 'crest bourdery of Lot 1, 3x1.7 feet to an iror, pi^ on the ircrth bocn~ary of c;ec. 18; T;:ence s'. 89°20^ ~. elon3 the Sdorth boundary of Sec. 18, 570.3 feet to tt:e point o. beginning, containirr 5 acres, subJect to highway and ditch rights of way. (U.S.I.3. Stamps 33.55 Cancelled' ~~ -~ .`~ Y `-' fi`r' ( Cancelled 5-20-49 w .Jt 'i.y~~%:~ Yli th all and si:i<;uler the tenements, heraA lta.ae rat ~~ur to na races there- unto belor.51n3 or in anywise a;.pertaining, andav rs~~vea^slons, reralrccr • and remainders, rents, issues and profits t.-.ereo~f, and ell estete,.right, title and in- terest in and to ,he said property, as well in la•a as in eruity, of t::e said party o" the first part. i0 ::r ~ :J i0Ji.J, :,11 and singular, the above sentlorcd and described pre~is~~s, to.etrer with the ec;,urteaances, onto the party cP the second part, end *_o its successors _nd essigrs fcreve.. Ar,l the said party of the first part, and Sts successors,. Lho sa!d orecises i.. tre caiet end peoceeble possession of Lie said party of rho pecond purl, its sac :essors and assigns, against the said party of the ."first Hart, and its successors, and again t all and every person and =,ersons whoWsoever, ]awfully claiming or to c1eUt t:;e sa_ shsll and will warrant ar.d by these presents forever defend. I:. :iiT:.?:,5 'a:%?Ju ~ T: e party of tae first part has caused Sts corporate name to ba hereunto subscribed by its Fresldent and its corporate seal Lo be affixed by its :;oora- • tery in pursue.^.ce Lo said resolution the day and year first above written. .iI~ ?: [%, AL:':J ..:7 ~Li.•':~ ~:D 1'~:3IDI~1: DAIi'cY L. a':OCi: s`.i~d5, Inc., i"] ..~:a::Js .; r' an Idaho Corporation, Hy Ceor~.e E. Hardin, ~,eor%e ~. i,cbrose ;t~ i'rasident. ~:3 Secretary. i ® ;~ .<~ 1~1H DEED RECORD No. 338 1 ~~ lU;~; 1 ) ss. COlJ17if C? :~Da ) On cY.ls 20th day of Lay in the year 1999, before mo, Ceorge L. hnbroue, o Notary Fub- lic 1n and for said ;itete, persorelly appeared Ceorge ~'. liardln, known to oe to be the ?renldent, and L'. £.. 71111s, known to ~e to be the Secretary of the corporation thot ex- ecuted the forei;oin~~ instrument, end ac;:r.owled@ed to ne Lhat such corporation executed the secE. Itt :;IiPL°SS ~9wR°OF, I have hereunto set ©y herd and affixed ay official see 1, the doy cad ;;ear, ir. this certificate first above written. Ceo.^re L. /.~brose (~ AL) Notary Public, Residing at keridian, Idsho. h(y CoT.cission ~zplres: October 16, 1952. _ ?ecorded at t.`.e regcest of City of L'eridien e6 :A cinutes pest 9 o'clock ;,.L:., this lE oaf of Tiny, 1959. Recorder t~ • (.. 1 • WARRANTY' DEED For Value Received WILLIAM d. HON, a divorced >dan, and . 80LAND L. HON and BSV'EBLY HON, hueband and wife, the grantors , doh hereby grant, bargain, sell and convey unto ,~ CITY OF :~l3IDIAN, IDAHO, a municipal corporation m the grantee ,the following described premises, in....._.A.S~. ..County Idaho, to wtt: `_ W --...----- ,y Beginning at the SW corner of the - w ~ ~, Section 18 ':T.'3N., ~ B. 15., B.M., AdaCounty, Idaho, the real. point of beg~iiningi ~ thence Northerly along. the. Westerly bonadaTy of .. said H$K RWX Section 18, a distance of :1050 feet to a point on-:the:.Fortheacte bank of a stret>e called" Minemile Creek; ~~ thence $adterl ~ ~~' to the Southerl bounds y Parallel,; y 2Y of said ~.BWX, Section 18;,a distance: of 622 feet to a point; thence South®rly parallel to ,the.Yeaterly!" boundary of said NE}C. )9X}(, Section 18"_ a distance oi` 1050 .'feet to a point on the. Southerly boundary of said. Iill~ NW)(,' Section':. . 18; thence Resterly along the Southerly boundary of said Nlf~ NWj(~ - Section 18 to the real point of beginning comprising 15.0 acres.. - (S~`,~~ ov` 1` l / ~ ~ ~~: `lam ~ ~ , to ~~. -~_` !~ . ~ W ~ /~ ~~ TO HAVE AND TO HOLD the acid premises, with their appurtenances unto .the said Grantee . , ~. .its heirs and asat>:na forever. And the acid Grantor a do A hereby covenant to and with the' said Grantee ;that they are the owners in fee airaple of avid premises; that they are free from all encumbrances - .. _ 64~~ _ - ': }_ and that. t hey will warrant and defend the same from all lawful claims whatsoever. r - Dated: _ ~` -' .1967. - ~r. {{F.t tan- . .. i f STATE OF IDAHO,~COUNTY OF gDJ~ STATE OF ID , OpUNTY OF H a~'' r~r On thta ~j( Tr • .` day of ~ f-i ~ . 19 6 `j, I hereby certify tLat this instrument was Algid for record at t'A before me, a nd"tary public In and for State, personally the raquaet of JO}IK 0 . FITZGERALD appei~ WILLIAM A . HON ~ a divorc d ~ . >dan, and ZIOLAND L. HON and BgVSBLY .c 3 o mtnutea put ~! o'clockit`m:, HON, husband aid wi1•e, ~~ ~8 dayot February xx~ 19 68 , in my omoe, and duly recotded is I{oo~ H . ~•'~.~:••.....,~ of Deeds at pare -~r 0 ~~•8 ~C.ne•ta4e~the'yersonS whose name fZ 8S@ Qj. ~• 1~1~1(i11~ su~fifb~to tll~ rdkhln lnetrument, and aelmowledged to <•~t ri ~ l~ ~ ~~ ezecu the aama F~-(,ltde)fo Recorder ~ $y ~ti__ G.J.c,..., s.J . , / ~ Notary I'ublk Deputy ~„j Re:I 'at.....•.~'.' Meridian ;Idaho Fee. i ~l-';~20 ~ Comm:'l~irea ' ~,tl ~~ JOHN 0. FITZGERALD, 929 East 1st Meridian Idaho. ~' ^ ~~ ~ l~ -=~ s _ 1 i~~.i zz3 ~.i~z i i ~z-_ ,;_. _, _ 7 1~ $ ~ -t ,(ti 1S1 ty ~~ r,Firl ". COr lCi1, _ U.:r Instrurr,%nt 12i:mY;er ..5b`~~?'t t0 T_Gar:C 1 O'il'er GOi:.Cfir!f l;arl C. Ccr ell altd ..,11Z=.:cat': Cor5~a11 _, ifo grunt ~r y ? S t'i , O 1' S Ada Cci..-ay . S L._ ._ ,,, T_c:a==7, u ~:er~b;v .=rant a ;1 C;:t': - tJ i}ifi''() I'<)r~L''~ C~l:l!1~E1'~r 3 - , [; C:^DG:'atiOriy i. .., {iCt'::SC:, , - SliCCeS801'S ana a35ii_`1Sy ,.rangy°e, ''Or C~rif; llCliar apd Ot:':el' Vfll'Jfl;ilf' C'JI:SiQ£'r;lti7nS, 2i ^ii}:t O}' V:fl:l ar.3 E.?SP.ti:ent fGr t}le ?r2C.lOn 13.I:i: CUI7tlT':'.IECl CU2i'attOT:, I*ia_II+.:Zr.Li11CE3, I'C;`3tI•, :].i.L.Jr3tlf_ i.^.S :1C'"tiOn and rEJ?aCB;:,ET?t O:~ ~.'.2 C1?CtriC transmission, [1 i3tr10U`.•:Jn arl, tele:'~',nn~ i_.^. t, _ ~s Ar6,i C'_ rCU1 tS Of t.Ll° 'iP i; ri t°C, ~ _ =aC}1eQ LO a line OI}~61e° 01' C ~r;er Sl:~: OT'tS~, CO: L :.'t. E. .Y~ t}-i .+ie '~`IyS y C: OSSz,•rg a^r O„Pr r_ _ _~_.:...°G t5 2rid i r:ciazn tai ~,. _omen :r .,...1 ii ~_ t t:,2re',n, <_r:u a~. nae>~ ovsr, an al;:: a.^ro~.. t: _ °cllc;,-.:.- :,.remises ta:lo:i_,'rr to t}:e Sala ..rantc: c ^t- :1 Ti ._ Jta to J~ __.$1"'O, 1:1 ."E :'gii0%'.: iCCnl:'Or:y tb-Wit' .~~ Nl_ .. rt _,..., j.''t~~ i_i't~4 Cc.C ~__.. 1G _ 3 r:, i 1 ~ }:,~}/' ~y _OEet::R'r :!'_t}: ~.~_ r: ;r:r,~ _,. ~P.C'rE:SS F.-.,.1 @j'I'eS5 recess%ir';' `02 t t? f'..i ' ,g~ :iSG, JCC1 :S t Jr: CtT fJ. F~i __ -rn C.; _ - ~' jIIl::ri~ ~. e23@iL .lt r'3rfU'! `~:4?11:.~';[l. Ira a~1 T"' ~,5 3:: :7 D^1"i !'t'Y$ ~f7 11iCillert ~...~retC_ _.,cl~a;'ir:r. ,'.2 _ ;r.t frc'm ~~ ''O ~r _~~ titre t~. cl_lt, trill t..r.a er..ov_ trc;es .~V:~ •.'U3Y:y o;~a:r.lir.Finc- ~,^GrCPCS ~'_ J`.._c^r OGSLTL'.,^.Llrll?S ~I::IcI-: ns,,~ l;l~ll.^[i 'J.' {rl•' .*'IC_.. ,,.! '*. , OCC_'"~ On ~v:i~ellt Of }'i }:° OT] ~':A.`' L '?rarltee ~9 llSe t". - ~i Or °_ c t S t;&.,°fiE;at ij. riC1 t _ iCl?'.=.i Li , ., .; i.l:Il.. IiCC -w~ and re~a_r of "ranraeT~ eir^tr_,._~ s~stelr.. ~~ =}.-.C~.~`PT) ~~._. _ _._ _`~~~~' Lf]i 3 1 Ca~T Jf }~::iy , 145J. :~?'rfii a5: ~ariC. Coryel.l ;~~~ ~~ EI iz~ L' ~. C J~i/1' ~ Cv T'.tL.O ~ a a„n or !1 1 ~v _, .~ . ~.011ri ~' U~ ~;C_ C.^. t~i_, )?1 i:'.. ,i .,.~~,,I, -°~ '~e£ors .r.o, G. :'r. F_<.,,,,, .i A'otu:•, Pui.__c ~ : r: .. .~ u _ ~~ :.'pear=.. ~;;rl. C. Cor;Ell ~... -~_.ar•eth Co.';~'~il, kno: ~r. to .,._ t~) .c :e :,er• ~-; } ,.. ~ ; thc,'or.• ,- . ~:. ..ratr:. ~~.. _ ar:c _ -e1 cr:r.o•„iec; ~o re i}~~t , t~;e:, erecu;:e~9 ',;_r; _....::~; fl•F: '.iy i:rlo -~ol~L-Tierl:~ ;or +:,c: .'see r>r __._Noses ..~:er~irl ;ncn~i or:el:p ,:. _'a :[,. 5::.:,i'% G. r!, 'ii.ati:, Atot.:iT^; ..: ' }' r , nr._Iil17.Y1; fli. 1Fr:'L....a;:, .L t:ll..:.) Ccll:rr.isswct7 E.;(~~11'r•;i _~-.,.. -, _ °`~ YeL'~?T'~~''i! Cit i. f. _ _'L' :FS t O_` _ :%9;.q PG~lf:I' ('~ ~'T •lir,y ~ _ ._, r `. r_ , c; ~: al.l 11t1 `.. C. htt:; t 1 O[] !v t~' =~a ?e:~y : . ^:~i ,! _. ,l , :~ !?eccrae^ ~v~~}~c~ .. Idaho Power Company • LJNDERGROliND POWER LINE EASEMENT l:zty of t!cridian ~^ }~:.r+.-r*r, Crnntor(:+) of __ ~!~k County, State of _r~t ~~~ , do herehy gru,t :,nd c„nci•y to 1[)AHO POW1:1{ (.;0~11'AhY, n corporation, with ity prinrip:,l office locat!•d at 1220 Idaho Street, 1)uia•, I,t:,hn, it. liccn~ee:, ~ucce;a,n and :+ssiKr y, Grantee, for Une Uullar and other valuable ronsidrration?, receipt of whi, !, is herc•bc :h'knUK'+• dg(YI, a permanent and perpetual e:,.,emc•nt and right o! way, sufficient in w idch to install and nc,ir~t,in nn underground r•leclrir power line, including the pe•rpehrul right to enter upon the real estate hereinafter de- aoribcd, at :dl re:+~nn:,blo tinu~:, to cun~lruet, maintain and repair underground power lines over, fhrouoh, ender and acvo.:; ~:(id I:,nd+, together with tl,e right, nt the solo experse u( Gr:+nlce, to csc:wate and refill ditches and trenches [or the lor•alion of x,id lwwrr line:, and the further right to remove trees, bushe+, sod, ftoKers and shruhbery and other ob- strurlinn. and improcemrnts, interfering with the locution, construction and maintenance of said power lrne~,, over, on and acro,~ the following premi.,es, belonging to the said Grantor(s) in _ AGa County, St:(te of Idr3Yt0 , in the foilowing location, 'io-wit: Beginning at the NW corner of Section 18, T3N, RlE, BM; thence N89°?.7'E a distance of 1080 feet; thence SC°42'E a distance of 320 feet to the Real Point of Beginning: A 100 foot strip with center- line described as follo~is: Commencing at the Real '?oint of Beginning; thence S89°50'W a distance of 450 feet. The electrical sr~tem generally will consist of busied power a~ire~, lr„nsformer:, junction bores and other c•quipmr•nt, part of which may extend abase ground, necec;ary to srne electric potter to these prernises and adjacent Esr:cutcd and delivered this `~ '~ L~ C`~ _ ~__ day of _~ i , 19 7S •l , S t'A'I'f: OF' _ - •.,. C,nu,t~ of _ - On t),i: _ day :,f :+ 1~,t::r, Public, persona!h appeared in~trum,•nt :,n~] ac•knov:ledged to mr th:•t (lotarial Seal) _ 19 F,r•forc me - _-- - and _ , kno..n to u,e to be the prrsun(~) oho executed tha foregoing executed tLe s:,rne freely and volunL,rily for the u_.es aid purposes Kotary Public, residing :,t Con.mi~sion exE,iccs ___ ly _ OVER ~/7 - -~ i ~ - /.~ / STATF, OF Idaho _ Ada ss. County of ___, On Ibis 2lrth day of April 19 ~~ ,before me, G, Y(, Hiatt Noln~y 1'ubl;c, personally appeared DCn A1, Storey, 1da~or and Harold J, COX, City Clerk and, to me personally known, who being d~.ly sNOrn, did ~av lht~t Ihey arc rcrprctive!y the l;aYor President and the _ Secretary of the corporation thnt executed thu ~ti•ilhin ins(r~mu'nt, and acknowledged to me that Ruch corporation executed the samo ns the free act and deed of said corporation. _ `; ~7/ Notary Public, residing a-t , ~ ~"-V~7 . (Notarial Se. I) Commissi..a expires ~.~ ~! , 1!'~ • / 1 ; ~. _ ,.~.~ ~ - . .... STi.Ii. GF ......7. Cii'.~Y f.. ~;.._. 1Di=.HC (' rice . ,_._._ .. r.~ ~. ~r_, ,. --- CV~~R CO Op a~- ' - . ~ (',p,i1~, {~:M. 3S 863x3'74 R«~+ « TIME q ~ A µ a-tE ~-q- 8l. ~~~ LICENSE AGREEMENT ~ c~~ ~Deoutr LICENSE AGREEMENT, Made and entered into this ~~ day of 1986, by and between NAMPA & MERIDIAN IRRIGATION DI RICT, an irrigation district organized and existing under and by virtue of she laws of the State of Idaho, par+:y of the first part, hereinafter referred to a~ *_he "District," and CITY OF MERIDIAN, a municipal corooration party of }he second part, hereinafter referred to as "Licensee"; W I T N E S S E T H: fdHER.EP.S, the Licensee is the owner of certain real property described ~n Exhibit A attached hereto and made a part hereof; Exhibit B depicts the location of the fence involved on the District's right of way; Exhibit C states the purpose of this agreement; Exhibit D lists special conditions applicable to this agreement; and WHER£P.S, the District is the owner of the irrigation ditch canal known as RUTLEDGE LATERAL together with the easement therefor, =.ncluaing the easement to convey irrigation water in such ditch or canal and the easement to operate, maintain and repair such ditch or canal, and includes an easement of ingress and egress for those purposes, and which ditch or canal is an integral part of the irrigation works and system of the District and which ditch or canal and the said easements therefor cross and intersect the aforedescribed real property of the Licensee; and jv~iEPWP_S, the Licensee desires a license to erect a fence within said easement under the terms and conditions hereinafter set forth; NO+•:, THEP.EFORE, For and in consideration of the premises and of the covenants, agreements and conditions thereinafter set forth, ;.he parties agree with each other as follows: 1. The Licensee shall have the right to erect the fence referred to her~inabove. Said fence shall be erected in a manner not to alter or damage said lateral in any way, or to inter ere in any way with the flow o~ water in said lateral. 2. The Licensee agrees to construct and maintain said fence in a safe condition to the end that it shall not constitute a hazard to any person and Lo indemnify and keep indemnified the Distric~ from any and all claims of whate~~er nature arising out of o. .elated to said fence or its cors~ruction, maintenance or inst~lia~ion. The Licensee further agrees to indemni.~y and hold harmless the District for damages to the fence caused by the District in reasonable exercise of its maintenance rights, including any dz:,.ages or expenses in connection ~~ith removal of said fence. The District agrees t•~ give reasonable notice, circumstances per- mitting, to the Licensee so that the Lic:en~ee may remove the fence if its removal is required for the District's maintenance purposes. 3. The Licensee shall place no. trees or deep-rooted shrubs or bushes on the District's easement. The Licensee agrees that the District shall not be liable for any damages which shall occur to any plants, structures or any other improvements of any kind or nature whatsoe~~er which Licensee shall place, raise, construct or install on the said easement area of the District in the reason- able exercise of the rights of tha District in the course of per.forn~ance of maintenance or repair of said ditch or canal. Licensee further agrees to suspe:,d i•~s use of the said easement area when the use of the easement ar?a is required by the District for maintenance or repair undEr this or any other paragraph of this Agreement. 4. Each party agrees to reimburse the other for any costs and expenses incurred yn enforcing any of the provisions of this agreement, including reasonable attorney fees. `!'he Licensee further agrees to pay reasonable attorney fees in connection with preparation of this License Agreement and related matters. 5. The parties hereto understand and agree that the Licensee has no right to, in any respect, impair the ~.;es and purposes of the irrigation works and system of the District covered by this contract, nor to grant any rights in its irriga- tion works and system incompatible with the. uses tc ~;hich s»ch irrigation wor;~s and system are dpvotecl and dedicated and that this contract si,all b2 at all times construed according to such principles. 6. Nothi:~g herein contained sN.all be construed to impair the easement and right-of-way of the iistrict in the said lateral, and all uses of said easement by Licensee shall remain interior and subservient to the rights of the District Lo the use of said easement. 7 - In the event of the failure, r,~fusal or neglect of the Licensee to comply with aJ.l the terms and conditions of this agreement, then the license of the Licensee under the terms i~erecf m~aY be terminated h}~ the District and all structures in or over said easement which may impec.e or restrict the maintenance and operation of the ditch or lateral by the District k*ith its ea_ui_u-~ ment nor the maintenance of said lateral, may be removed. -2- 8. The word "Licensee". if used in the neuter in this agreement, includes the masculine and feminine, genders, the singular number includes .the plural, and.;the plural•number in- cludes the singular. The coyenants~'conditions.and agreements; herein contained ' shal"i constitute covenRnts to run with, and; running with, a7i of the lands of the.Licerisee herein described and shall be binding upon each of the'partes hereto and each `of the :parties and all pzrsons claiming.. under ~hem:or e9.ther of them, ,and the advantages herecif shall' inure to the bene.fi~. of each .of ;the parties. hereto and `their `respective successors and assigns:' ,: IN WITNESS..Tn7fIEREOF, thE.District.-has hereunto,. caused its corporate name t~ be subscribed by its officers first thereunto duly .authorized by resoluti~n~of its Board of Directors and the -. Licensee has hex'eurto subscribed his name, or if' a corporatioi-, has. hereunto caused its corporate name to be'subscribed ar,d`its seal to be affixed .by its officers .first the-eunta duly authorized by resolution of its Boara of Directors, all `as of the dad and year hPrein.rirst•above written. I3~~MPA & MERIDIAN IRRIGATION DISTRICT ,r ~ 1, ~,I,~ST:, ... ~ •. ~ f ~'~.. ~ . ~~ ' ' ~.. Its Secretary ~~-. ~` ~_ ~ C , `1` By- Its President -3- ._ ~`.::- ~ ` r , ~~ ~ ~ z ti ~ f . • ,~ 7 ` ~ ~~~ti ,~, 1i J , ' 2 (., :iYjJ f ~ y ~. ,:, ' - e r r ' f .__ y a ... ~ S Y' CITY `OF MERIDL' .: ~ ;: IDAHO: AN ? ~ ~ ,;;, il ~ ~' - :, ... ..4 8 t Y ~. ATTEST: ;. ~^ t . ~~ •~ ~ f"' y k t ~ ~ ~ ' ' ' r , ~~~ a `~ t STATE OF IDAHO ) - COUNTY OF CANYON ~ ss. " On this ~~ day of undersigned a Notar p bli 1 986, befo-re me, , th@ , y u c appeared WILLIAM P BIFNAPFL in n or~said St ate, ;personally . be the President and Acting/A and DAREN R. COON, known to me;tp ssist S ant ecre_tary,.respectively, of NAMPA & MERIDIAN IRi2IGATION DISTRICT, th`e irri th atio t dis g a n trict executed the foregoing instrument, and'ackno'wledged to me that such i rrigation district executed the same: IN WITNESS WHEREOF, affixed my official I have hereunto-set my hand and seal, the first above written. day and ye.aw in this cert~Ficate • . ~k ` 9 f I • ~,. 1 ; ' ' a y u ~c or a. o '~'~ - .. Residing at N pa, ~.I;deho ,-. c My Commission Expires. 'n .~ -i~ f, ,,s~ 1 J ~ ~1 t ~ .. - } 2 * . J. ~ Y t ' ? t,: t w ~L` - - ; , x: - ~,, STATE OF ) ss: COLT:~'TY OF Ada ) On this A ~~Z day of ; - c ~ '~ 1986, before: me, L , ~ ~- the undersigned, a Notary Public~in`an for said State,'. personally ~ /' • ~) crr~al r~ 1 a' ~~~'~ ~ ' ? ~ X L ~ 4 ., fv~" and /1 1 S appeared ~ ~ /l i r ._ -, ;, and , ~ /~ L~`•tr~ : r-' ~ b th 1 ~ . , , , , . e e known to me to 4. ..r b , respectively, of CITY: OF MERIDIAN,•-IDAHO the corporation that executed the foregoing instrument;: and acicnowlQ6ged to me .that such corporation'`executec? the:-:same: IN WITNESS WF~REOF, I~. have. hereunto sec,"my ,hand; and - :and 'year in thi"s.,cer~ificate a_r_xed my official seal, the day =irs'~ above- writ;.en: f ~~ ~~ Norma=y ~ubi1C `IOr 'Che Sate of •` ~ !. . , - 7- ~ .. \ ,] .; t:.. t _ . ~ ~ T'r0]eCt hU. li~: ~X y X81 T ,~~„ LEGM. ~ESC~i~oN o~ c~Yy A2oP~Ty iNVOWED iN UCEnS~ c-Ge~MEv-r W~rN NAMP~-MERtWA-J tRRIG~Ttou DtSTI~fGT. Meridian nnnehation Descrivtion G:t}• Park Enlar~emen: Annexation A portion of the NE 1/4 Nip' 1/4, Section 18, Township 3 North, ~ Fcange 1 East, Boise Meridian, Ada Gounty, Idaho, mote particularly. described by metes and bounds as'follows: Ccmmencing at the Northwest corner of Section 18, T. 3 N., R. 1 E., B.M., Ada County, Idaho and running N. 89° 20' 24" E. 1092.70 feet along the Northerly boundary of the NW 1/4 of said Section 18 to the Nurthwest corner of t}.e NE 1/4 NI,' 1/4, said Section 1$; thence S. 0° 40' 03" k'. 282.50 feet along the Westerly boundary of the said NE 1/4 NW 1/4, Section 18 to t?~e TRUE POINT OF BEGINNING; thence continuing S. 0° 40' 03" ~,`. 1050.00 feet along said Westerly boundary of the A'E 1/4 NW 1/4, Section 18 to the Southwest corner thereof; thence h. 89° 26' 20" E. 622.00 feet. along the Southerly. boundary of the said NE 1/4 Nk 1/4, Section 18 to a point; thence K. 0° 40' 03" E. 10.10.00 feet along a line parallel to and 622.00 feet Easterly from the said Westerly boundary of the KE 1/4 h~~ 1/ ;, Section 18 to a point; thence S. 89° 26' 20" h'. 622.00 feet along a line parallel to and 1050.00 feet Northerly from the said Southerly boundary of the NE 1/4 NW 1%4, Section 18 to the point of beginning. t ~c.~5 Qti•~ Prepared b}•: 'J-li-B ENGINEEP,S, Inc. ~.___ - -''~ ~'rSu~ne~2~i. Johnson,yP.E./~ • --~NIB1T "~~~ N GlTY OF MERt~IAtJ I.iCErJSI; ~d~~ wJ tJA-~pA-MERtolan - - - --~ -ItZQIbQTIOt~ p15~1tiGT ~. I Y~ ~ h ~ {~~ ~~ ` ~ ~: ~ . 7 ~ ~~ ~~ --•-,-- • co r roa+~o, ~• ~~ ~ - L.aA) SEc:18- _. rare.-a.~E. I~ r::- - _,~. V -~' ~ i. ~ C.; tY Perk I: t. M ~~ ~, I - Air FE'S ~c~ . . ~. I ~ ~ -~~ ord ~ ~zs ~ ' ~ ~ °~ flea's` ~b1t ~ ~ ti: ~Ojroerac.~ct- ~, 2t~' rs ~ ~e..+ - s - ~~-. .. ` ` C.tr I L.....t s ` ~ ~~ ~2 t r, ~ ~ i~~ ..--- ----••---- • EXHIBIT C PURPOSE OF :,ZCENSE The purpose of this License Agreement is to permit Licensee to irs'-zll a six foot chain link fence within the District's - right ~f way across Rutledge Lateral at Storey Park in Heridian. ~~~ ~ - ~ ~ `s ~ t r"'. ~+`f ohr4l `Yr'?t ~ .P r ~ '~ -}.~~~ r ti.~ a ~ 7{k y. 4~3+ ~'v' ' ` ~ ~ • ~ ~a L F ~: `~ t' t ~' . ~ j fY f z: j. ~ _ r~ .a '~ i t ~ ~ ' ' . . . ~ .•~'''. .., - - 5 l 1 1 1 ~ 2" (~ ~ ,_ f t i ~ } 1'' ~ Y A x .. .. _. S. _ ~ ,, '` '' ,( - SPECIAL CONDITIONS'' ,_ ^Y. `~1 The six foot chain mink fence., to be installed sbnl] ' ~. ~ .' .. ' f :.. ': .; ~ ~ -t vat be placed in the location ~ as reflected _on Exhibit D 1`~' attached.v, ,, ~ - r hereto and made 'a part hereof - ~~ _ - 2 Licensee shall notify _ f~kth trict .. the{ manage ,e Dls r'o ,: prior'.to and unmediately after~~construction so that he nor the `' _ _ ;: ~ : L District's. engineers .may inspect and approve construction . 3. Licensee s ~~ -,_ ,hall place: no structures.: of any kind abov '. s Lam. ~; ground on:_.the District's easement area except as referied:to in': ,:; y; ; this Agreement or exhib is thereto without the. prior written ~. , -... ~ :: conser_t of~.the District ' 4 The District's right;~of way along.-.Rutledge hater;. '. ,. ~ t ,; through Storey Park zs 45 :`feet, 25 feet on the west and 20, feet{:` on the east-of 'the centerline :of Rutledge~Lateral, s .. ... ., ~;,! ti0. ,' <, :_, ,, h'; ,•i =t ;:_; ,~~.: .. , . ~ ,; ' ;` ~, -~ ;a: ~ ,,~ ~._ ._ _sai z ' z is y~. i_; ~ ~~. _ s ff ' '~~ - S . k X ', ~ txr', 4 Y P a ~ .)rZ. !:_~ ~'L `. - .... .. ......sue ,_-`. ~'i:+~' ~ .-mite'.'' .~,~< ~~~: ~~."A~".A ~d+ ~~: ~ z t. ,( S ~~ ' : ~. ~~ :nd 4rarkin~ .area. ;_ - __ ~„~~., ~T~yr.vC 4~s7F-~W.`.w-_'~.'t.. ~ . ' . Q~p~e .. _ __ /-- ~ AtI~~RCM . ~t-ia~-+"tom ,~el~~ ~•..: • ~~?C~~~~1~-'Y+'- ~2.K ~ t - _ __. .. .. ~rrl~-m -. .1'"~r:.E~~+r~' `-:rig ri„ _- - •:id.ti~.J':: R:w"~i Y.: .. - '34.x-'. - ~. ~ ~ ~ 08.0 - .- 0 _ a ~o= :. ~~ c,..r ~ x - 08.1 ~ ~ ` .-. _. - .- - _ \~h . ~~ ~•-/~•- - = -~ -- ~~~ \-_ - - rn o - I. 10 y~ Ica N - f -. f` ~ .. ti . __.~ -t. = r` ' U b '. ,- - - ,L2.__ _ _,_- 167 ' ~-- ±--.v .:_.~~~ ' --- i~-'5-17.4"Y-L - .._ _ .. cn ~ , -. ... ~ ~ \~ 6' ~NQ,h 1.,~ik i '~ •~ z X j i I a.. ~ ---- ----- ~ ----~ I -.~~~,( ~- Apprvx,iv~a~e..-~ota~ov~ off' l e.a ies :.' ~r iii i »~ i n S ~Pa t~1ERIDIAN SPFEG'JVAY ~ Sir tea. u~~r= Agyj ~''~~ NA~~~,q~M@tlfliA:~ X n v~ T u m u '-' Q o m li .t .m c o ~ a L P j ~~ __ ~ ~L~ _~ p ' m N p C C C O --r• -. _ ®~~ ~s®~~ , ' 8'~4210~ LICL•;NSE AGREEME:t7'P LICEh1SE AG o '- I - f?E'ME:IdT, Mad_ and enter~•d into this ~ day of __ ~ , 19£31 by and between t•;AI.1PA & ML•'RIDIAt~1 IRRIGATION ~TRIC'Ir, an irrigation district or ar.ize g d and existing under and by :irt~~e o_` the. laws of the State of Idaho, party of the first part, :.~reinaftec referred `co as tt;e "District", and CITY OF t•1EP,~DIAP7, =~AHO, a municipal cocporation, party or parties of the second part, ..=reinafter ref :rr:~:~ __ as the "Licensee", W I T N E S S E T H: t•7HEREAS, the Licensee has an easement from the owne~ of the Neal property (burdened with the easement of the District hAreinafter :r,entioned) particularly described in the "Descr=ption of Licensee's ~_ands" attached hereto as Exhibit A and by thi:~ reference made a part :,ereof to :construct, place and install sewer and water lines through :yid lands; anc'., FJHEREAS, the District is the owner of the irrigati„ ditches, canals or drain ditchES 'r.nown as Nine Mile Drain, Eiyht I•file Lateral and Nine Mile stub Drain together with the easements therefor, including the easement to convey irrigation water in such ditches or I canals and r_he easement to operate, maintain and repair such ditches or and incl~~de_, an easement of ingress and egress for those purposes, and whict, ditches or canals are an integral part of the irrigation works and sfstem of the District and which ditches or canals and the said easements therefor cro:~s and intersect said described real pr+~psrty as shown on Exhihi`_ "B" attached hereto and by this reference ;•,ade a part [,~reof ; ar.d WftEREAS, the Licensee desires a license to alter or modify <:aid ditches or canals, or to change the location of said dit;;hes or .~ canals in its course across the lands in the manner hereinafter appearing and under the terms and conditions hereinafter set forth which alterations and modifications consist of crossings of Eigr,t Mile Lateral, Nine Mils Drain and Nine Mile Stub Drain with Licensee's municipal sewer and water lines as hereinafter set forth below: CROSSING FEATURE CROSSED DESCRIPTION OF PIPELINES A Eight Mile Lateral 12" Water Line B Nine Mile Drain 12" Water Line C Nir.~ Mile Drain 12" Water Line D Dine !9ile Drain 18" Sewer Line E Nine h9ile Stub Drain 15" Sewer Line F Nine Mile Stub Drain 12" Water Line G Eight Mile Lateral and t?i.ne Mile Stub Drain 8" Sewer Line H Eight Mile Lateral 10" Water Line I Eight Nile Lateral 10" Sewer Line NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree each with the other as follows: 1. The Licensee shall have the right to alter, modify or change the location of said ditches or canals in the manner specified in the "Purposes of License" attached hereto as Exhibit "~" and by this reference made a part hereof for each of the crossings referenced abcve, A-I. Any alteration, modification or change in location of said ditches or canals by the Licensee shall be performed in accordance with the "Special Conditions" stated in Exhibit "C", attached hereto - and by this reference made a part hereof. -~ 2. Any facilities constructed by the Licensee in altering, modifying or changing the location of said ditches or canals sha?1 be constructed, maintained and kept in. repair and kept clean at all times, by the Licensee, and at the cost and expense of the Licensee, and the conduit therein shall be maintained and kept in repair and kept clean at all times for the full Flow of water therein, by the _ Licensee, and at the cost and expense of the Licensee. 3. The Licensee agrees to construct and maintain any _ facilities constructed by the Licensee i_n said ditches or canals pursuant to this agreement iz~ a safe condition to the end that the i ditches or canals shall r,ot constitute a hazard to any person or '. persons, and to indemnify and keep indemnified the District from all I I claims for damages arising out of any hazard of negligence of the construct.'~~.,, operation, maintenance and repair of said facilities or the failure of the Licensee to keep the same in safe condition. 4. The alteration, modification or change in location of said ditches or canals shall be accomplished by the Licensee at such times and in such seasons and in such manner so a~ not to interrupt or interfere with the flow of irrigation water in said ditches or canals, or with the delivery of irrigation water by the District to any of its landowners or not to interrupt or interfere with the natural flow of- water in tt,e District's drain ditches. 5. The Licensee agrees to indemnify and keep indemnified the District from all claims of any of its landowners for damages from the impairment of the flow of irrigation water in said ditches ar canals which. may be caused by said alteration, modification or change in location of said ditches or canals, or any use or conditions of any such Facilities constructed by the Licensee at any time, ar from the impaicr*,ent of the flow of irrigation water therein from the failuce of the Licensee to maintain and keep in repair the said ditches or canals and such facilities or to maintain and keep clean the conduit in said facilities for the full flow cf irrigation water through said ditches or canals and the facilities if an y, constructed therein by the Li~:ensee. 6. The District reserves the right, at its option, to remove any impediment to the flow of water through said ditches or canals and any facilities installed therein by the Licensee, anti to remove any haz.:~ds to person or property which may arise by reason of the alteration, modification or change in location male by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costa which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair suc'~ altered, modified or relocated portion of said ditches or canals, then the District, at its option, ~anc3 without impairing or in anywise 1 (Continued on next page) ~, , ~. jl a`fecti i- .. ng _s o~her rights and rQmedies hereunder, shall ha ve the rinht to perform the necessar y mai ntenance and repairs and th e Licensee agrees to pay to th~ District i+ , on demand, t`,e .. expense which shall be cos,. o~ - ;; . easonably expended or i ji ncurred b}' the D'-strict for such ~~ purposes. ~! ' • '='•`~e Licensee agrees `hat th I e work performed and the ;; ~; :^dte, ials used i r, altering, modif}ping or changin th g e location of said ditches i or canals, at all times shall be l ~' subject tc "'Sp°c==or= by the District and by the engineers for the District , a^Q th=t -`~r~a' acceptance of the • construc;:ion work shall not be j race Lnt:l a'_1 such work and materizls shall ha ve been expressl}+ J ,~ ???roved bl the Dist rict. ' ' '~• 'one Licensee agrees that the Distri t c shall not be liable fcr anv d amages ti~hich shall occur to any plan`s, i s =_ _ _,.: es c: a:;y t improvements u^ O her of any kind or nature w' atsoever w:^.: ", the Licensee shall place rai , se, cons-ruct c,~ ` '~"--- c:: -^.A sale easement area of the District i , n the reasc::=;,:e er_e; ~? s„ o f t7A rights of ` h _ e District in the course yi `'°=' "-_`c-° c= ma_..^.tenance or repair o; said ditc~e s o: _•• ---cer.see =1r~her aQre~s to the suspend t ,~ use o~ t, e sal,. eas°., _.._ area by the District for i ma ntenance or reoair ~.. _.. :..__ „- a::;, ct:;~r arac:aph of this acreement. _ • _..- ~_cer.see ac;cnok•iedoos twat its use f o i.s said - = =- __ ..--=-..ce`e-° a?sc_.cea micilt, e~_he_ now or at some +_-~~ .~_, - ---- _ =_..._, _,_5G z.. _.._r~as•~ _n _hs a:nou ;t c_ su_f ` ••:..,.. ace wa _°_ or . ~.... „ ~..:- L•(.J j rte. n~/Jl.•at ~ ~ •V~C~S -: es.:e L ~Q~KS :ON ~no.,..,n ~nG :.o..ns+.o.~ a.0. 60. 4'1 ,+r'V Jl1, 10~lW QJ6l2 t~:v.c y ~di.-~~61 C:Ol;nd water Crdlnlny^ Gr WaStin~y :nt0 SaiCl dit^:leS O~ Canals sC some other ditches or canals Gf t:le Disrric* . ,:,;.,° Licer.seE understands and acrees ;-.hat it has no righ~ to drai:l o~ was-e ~; ` into said ~aci_ities of the Gis`_rict more sur`ace or yr~und Wale, ~~ Man drai.^.s c- Wastes rrom said prcperty o` the Llcensee in i~~ present state and condi`_ion. The Licensee ex?ressly agrees lha` it sha'_,. not cause, su~_er or pe-mil an}~ such adci~ional surracE or around wale. to drain or Waste into said Facilities of .hE District unless the Licensee shall have (1l obtained ail necessary riehts of way e_ easements for the d:ain_r.g or Wasting or such additional wal~r and l2) created the necessary adcitional ca_ry' .lg capaci~y in the ditc:les, pipelines or ct:le~ `_acilities thro'.lgh w;Zicn suc:^. additional Water is to b~ carried and (3 ) COm~lled Wit:? a_1 StalllleS, r?CUldllOnS, O~dlr,a^C'~S, aP.d OlLer laWS reCarClli.C ~:^.e GiSC:,a~C~? o: d=ainaae Cr l+cste Wa`er i:~~C Su~taCe Strea.,.5, W:7et;lernatural Gr artltlClal, a;.Q lnl0 aCFU'_ier£ G: Other }JOdieS C: QrCL'nCl Water and (4') remO~e~ all a0~ l+~tantS, CCntali'iinantS, Ceb~:,5 and OlP,er : Gr°_1Cn TL2t°: icl w iC:!? i n any ..:,annex nave •J°_°_.^ placed In O: [%:;ieQ w. .% Si1C_. ~oc:`_lOnal Wale. While On the Scid prC~exty C. the Lice, se° i the t i _, and n even o a^}' dispute a5 `_O In°_ SO:i.:C° Or Si::.:^. JG'_::;lai]`S, COritdminantS, d°bx15 Or Otn°_= ~C=?;•-^ IPat°_xia'_, t.^.°_ Ci::Ce.^. Sfl2ll ~Je L'OOn i'}1E Licer.• ea to snow _ :at the po? lutar.ts, con'~amir.ants, debxi s o: ~Ore1Cn mdterla~ GG nOt C:G^° =xOm In°_ i,i~eC:See ~ 5 Sa1C: DrODextt'. Tile Licensee expxesr_v aC=eeS ~:,cam lii_ D_s`_x_Ct S`.;all be entitleC i AMBRO«, fiTZGERAiD a cROOKSTOr+ Atiw+.a.. -rb P.O. Bea a?7 M•M:•n. WahO e~e+z t.~.onon. eaa-.aai to enforce compliance vita, the provisions o_` this paragraph by inj~inction and ghat violation of the provisions c~ phis paragraph shall be siifficien`_ cause for issuance o` a prelimira:y or permanent injiincti~n. The right ~o such injunctive relief, and any other remedies set forth herein, shall ~e cumulative of any other remedies available to the District un6er the laws o: the State of Zdaho. If the Licensee shall cause, surfer or pe=mit any such additional water to drain oz waste into said ditches or canals or into any other facility cf the District ~:ithaut having complied with the reauizements of this pa:ac_3ph, the District shall 'nave the =ignt to stop such additional ~:ater ::om draining or wasting into said .itches cr canals or ar,~ other racility of the Distinct, and the Licensee acrees to roiwburse t`~e~District on demand for the costs and expenses expended o: incs::ed b;• the District in stopping such drainage cr wastir._, 10. The Licensee agrees to reie~:horse the District fc: anv costs and expenses incurred by the District ir_ e~_o:cir.g any or the provisions of this aereement, inclucing reasonable atto:ne~-'s fees. 11. The parties hereto un3e;s`_aad ar:d ac_ee t:,at tI':e District has no ri~_h~ to in any respect impair the uses a::c purposes of the irrication works ar.d system o~ the District, ~~• this contract, nor to grant any :ichts in its __=ication works and system incompatible w?th the uses to M;:ich such i:rica=ion works and system are devoted and dedicated and that this co::~_act 1 1 ~ue4osE, F17Z:,_Rw~O 1 a crry,KS-oN ` Attarvy. u,~ C.ovs.ro.a ~~ . T.a.pnyy ppE-f,tE 1 shall be at all times cons•,.rued according to such principles, 12. Nothing herein contained shall be constri:ed to impair the easeaer.c and right of vay of the District ir. the said ditches or canals and all uses of said ditches or canals and the said altered, modified o= changed location of said ditches ar canals and the license herein provide3 therefor s'rall remain inferior and suLservient to the rights of the District to the use of said ditches or canals for the transmission and del=very of irrigation water. . 13. In any event of the failure, refusal or neglect of the Licensee to comply wi~h all of the terms and conditions of this contract, then the license of the Licensee under :`•~e terms hereof may be terminated by the District, and-all structures in or over said ditches or canals, and the right of way thereto:, which may impede or restrict the maintenance and operation of such ditches or canals by the District with its equipmont for tye maintenance of its said ditches or canals may be_removed by the Dis~rict, 14, The Licensee acknowledges that the .license herein granted is for his or its benefit, and not for the benefit of the District,. and, for that reasons, the Licensee agrees to pay any attorney fees or engineering fees charoed by the attorney for the District or by the ~n ineers .. 9 :`.or the Distzic,. in connection wi~h the preparation of this License Agreement or in connection with negotiations covering the terms end conditio~is of this License Agreement. 15. The word "Licensee", if used in the neuter in this agreement, includes the masculine and reminine genders, the singular number includes the plural, and the plural number includes t_he singular. The covenants, conditions and agreements herein contained :hall constitute covenants to run with, and gunning with, all of the lands described in Exhibit "A", and shall be binding on each of t}~e parties hereto and on all ~,.~ti2s an~~ ii persons claiming under them or.' either of them, and the advantages hereof shall inure to *_he benefit of each of the parties hereto and their respective successors anc3 assigns, ~N F7ITNESS S9HEREOr, the District has hereunto caused its ~~~rnorate name to be subscribed by its officers first thereunto duly authorized by resolution of its Board of Directors and the Licensee has her=unto subscribed his name, or if a corporation, has hereunto caused its cGrDOrate name to be subscribed and its seal to be affixed by its officers first thereunto duly authorized by resolution of its Board o° Directors, all as of the day and year herein first above writtQn. o' ~- ~: i'; - ~~'- / - • _~ °., ', NAMPA & MERIDIAN IRRI:,ATZON DISTRICT 1 -~ •- ~ / ~~ • President L l-.'.NEST ~ .' ~ /~ i ~ . I /l Secs e ;.wry `- ~ J CITY OF MERIDIAN _J 'Grant P. Kingsford; Mayor ~•--_~_ . - ) $$ . ;o._..__ ~- /a^-:~''J ,~~{/ ,.C,/ of :ebruary, 1987, before me, the _ _-_ -~^ a '~o_al_ly^' P•.:c_ic in and for said State, oersor.ally ..F '-~. ,_ 'r;.-.~. ~...?. S~:__.. an:: CiiF:?LSS E. YOST, known to me to be the .-~_~~-:.. _.... S_c_etary, respectively, of 2::~MPA n.MERIDIAN IRRIGF.TION 0_~_-.__':, _.._ ___~gation cistrict t::at executed the forecoing _.. _r .-~.G t, ,:..., acs:^or lFded to me that such irrigation district -. :: _ _.,~ -.. '+;35?.SO? , I rave hereunto set my t~ai:d ~an~•:a_`f fixed ___.__,;~ ^,~-~~ ,` .fle day anc v~ar In tr:15 Certlfl,~3`-~ first'` above . ~ :,;J 1 . 1 ~. ~ , Y ~~ ?~o~a~y Pu^.lic fo~J Lc,aho , . 6" Residing at 2vamp , ida ~;/ 9q My Com.Tission Exaires: T 7 _ s~. ~- _~ cay of :ebruary, 1987, before me, the _.,de_.= -:ed, ~ ;ota_y ?ub'_ic in and fcr said State, personally /~'~rG.^_ J:-.'-~-T - • ..I'-;CS FORD, Navor, and JACK NIE!~lA2~N, City Clerk, :s;o::r: _.., -.e toJ~e _::e o_`_`icials cf the CITY OF MERIDIAN, IDAHO, who pxG ___G^r _^G „__„_„ dnd `orecG ing lns trUment dnd acknowledged Sala _::str..:.e-._ .c be` _~:e free and voluntary act and deed of said City of NF_.__ar, ~cr _.:e ,:=es ~-~ pu-poses therein mentioned, and on oath .; _~ _~ ; ..,: _ _..G: we_ e a~ _:,or _z~d to er.ecute said instrument. • Ih [•;IT1'ESS [dHEREOF, I my official seal the day and yea „ ~, p . , ~ ',, ~~ (\ r• ~ ~ J' - _ ,o ~' i ~ / C ~ \ V t' ~ ` ` v '.7 r . ~ ~• •~ i.ave hereunto set may hand and a~~ixed r first above written, ~'o~ar}' Public for Idaho Residing at h;eridian, Idaho h;y Commission Expires: ~Q-z~- ~ lqz- I ~_ it F~fiI3IT "f~" DESCRIPTI ;id OF LICENSEE' S L?'VD m;ze Licensee, the City of ~'eridian, holds various easer:•~n ~= access the following described land which is otaned by several inc_~:iciual parties. The West one-half of Section 18, Township 3 north, ?anc:e_ East, Boise t•-'eridian, Ada County, Idaho. AMOROSE. F7TZGERAL~ 1 CROOKSTON Altom~y~ dry GOUnN1oI, v.o. 60, u~ M~r101~n, IdrM L76,2 TNT pndw EEA-l,Q 1 :, ~ _,, _.. ~ . ~. IiI•I ~ IIJ::II~~ '' II t',,., ll•.u,>,~:al~~rrw~ •-- ---~._-_~ C.-~roaz • -i• -~~~ ChT.rs:; ~ri.~l~)1 ~L}Kt.L~:~esKrlitt~~J. ~ ~ _ r,~ . .F.. -._.t..__ .... Y_', ~'-•:~ ,.a~,.;;?~~ • --~P ~ Ire `\ !rte F~ ice., ~__~. ~'-~'. _. ,i ~'-.ll;.-_ ~_.. __- ,C-a ~ V.lJ.r.~F~L_ i •• !nf!• GLGfK 1 ~:~ ~il'~~TT,~ ,, ~ rim - =-°~~S'~ ,.\ ~--- ^--~ n~^- •i^r \ ~ I \ .y~ •_ , -_ MC R i'J.4~ ..-.~~/,~ \ I ~ CLMC TORY \ r- = I j ~ . t ~\ ~ ; ~ ~. , i . ~ ~. I Yillrew A floe _ MilGom I(. Apse Trost ~ert• ~p~ta.~ Rowell L. NOe .~ I Poreel Y1I) I Be>rlrl~ B. HI1,~ . (Porcel ffi) ~.- ~ -~-- --Q-~ --. -q------ Q _ - r i I ,. ~~ .~ . ~ I ~~ Z is R/K' R/K' r ~^ ~' ~ - . _ I EnE R/K' . -- - ' -' 1 - ----- ~- Glenlrool Properties \ i ~!_ A Iri!/iem A. Non • 4 Roneld L. Non ~_ 5•wede Corp. G 1 ~ Br-rr/r 8. Hon - ' ~ • ~ (Parcel $) i IT (Parcel Y ) :i \ ° I ~ \ Y ~" ~ iched ilc6o.en ' (Porul S ) -~_ . I1 ) _ __ _ _ -____. __~ TIMOTwY / ~ _--_ -- - - Ronald r: VanAv:er _ J~ ~) I Terlelinp Trrr/ Ma. T (force) III) ._.~.~ L_~ _ I;: ---R-- ~~' i - _ ~ (Parcel I) Brrce R. 8 :I I I I ~ Jrdr F. eve~vlslai..l r'iron •I ~ ~. • ~ ~ E'l•HIbIT ..8,. `~ ' ____ ~ ~ e I t ~ t ~ ~ ~ Praperfy Ownerchip M~~ SEWER ~, Wa i eR for LINE CROSSI-.1G S of The Cify of Merid'+or. ,u ' .966 Sewer aer Ez1en~~ .:C1 ^ • EXHIBIT C PURPOSE OE LICENSE The purposes of this License Agreement are to permit the Licensee to place and construct sEVeral water and/or sewer lines under the Eight Mile Lateral, the idine Mile Drain and the Nine Mile Stub Drain for use in connection with the water distribution system and the sewer collection system of the City of Meridian. The places of the various crossings are as shown on Exhibit 'B" and identified by the. _ letter A-I. Each crossing is identified on page 2 of the License Agreement. ~. , EXHIBIT "D" SPECIAL CONDITIONS 1. The underground pipeline installed shall be of P.V.C. plastic pipe, the following tabular listing shows the P.V.C. carrier pipe diameter and wall thickness and the casing pipe diameter. The listed crossings are reference from the Exhibit "D" area map. CROSSING CORt7ER PIPE CARRIER PIPE CASING PIPR C.'~SING PIPE REFERENCE DIAMETER WALL THICK MATERIAL DIAMETE:. (inch) (inch) (inch) A 12 id. 0.777 Steel 20 B 12 W. 0.777 Steel 20 C 12 W. 0.777 Steel 20. D 15 S. 0.440 None Concrete Arch E 15 S. 0.360 Steel - 24 'F F 12 W. 0.777 Steel 20 G 8 S. 0.240 None Concrete P.rch H 10 W. 0.654 Steel 18 I 10 W. 0.300 Steel 18 2. Construction shall to in accordance with certain plans and specifications presented to and approved by the District and incorporated herein by this reference dated November 1486 and entitled "Meridian Utilities Extension" City of Meridian, Idaho, prepared by Steven W. Hosac, consulting Engineer of Meridian, except for revised detail of impervious backfill, such revision constituting an extension of the zone of impervious backfill by 10 feet in each direction from the end of the concrete pipe cover, such revision to be covered by change order rather than amendment of plans. 3. Licensee shall notify the manager of the District prior to ar~d immediately after construction so that he or the District's engineers .,may inspect and approve construction. If the District's engineers perform such inspection, Licensee shall pay the District's engineers any fee charged in connection therewith. 4. Licensee shall place no structures of any kil~d above gcound on the Distri~~t's easement area except as referred to in this Agreement or exhibits thereto without the prior written consent of the Distr i~;t. Ada County. Idaho, S~ Request of NAIIIPA & h1ERIDIAN IRRIGATION DISTRICT TI~'E /Di 3Sf} M D~.TC 7 ~ ~~ _~QHN BASTIDA RE RD / `/ ~ ep ey~j .. . , i ', ~ .. ~~~ CENSE AGREEMENT LICENSE AGREEMENT, made and entered into this 20th day of DecPmh r , 1988, by and bet~reen NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized .and existing under and by virtue of the laws of the. State of Idaho, party of the first part, hereinafter referred to as the "District",.and MERIDIAN CHAMBER Og COMIiERCE, INC., a Corporation ~ ~" ;,:~`; party or parties of the second part, hereinafter referred to as the "Licensee", WHEREAS, the Licensee is the owner of the real property _ (burdened with the easement of the District hereinafter mentioned) particularly described in the "Description of ,Licensee's Lands" . attached hereto as Exhibit A and by this reference made a part hereof ;.;.'~:<< and, - ; .. WHEREAS, the District is the owner of the irrigation ditch. -:; .;`;*~` or canal known as Rutledge Lateral together with the"..t'~;>< easement therefor, including the easement to convey irrigation water. `:,.`~~:w in such ditch or canal and the easement to operate, maintain and::.;` repair such ditch or c,~nal, and includes an easement of ingress and ~.:;;;';';. egress for those purpcses, and which ditch or canal is an integral'`=:~~'~ part of the irrigation works and system of the District and which' ditch or canal and the said easements therefor cross and intersect.: ` said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part. hereof; and, WHEREAS, the Licensee desires a license to construct .a building which will in part encroach upon the District's easement area =:' along Rutledge Lateral; NOW, THEREFORE, for and in consideration of the rem' ±~,`,`III of the covenants, agreements and conditions hereinafter set forths the parties agree each with the other as follows: 1. The Licensee shall have the right to place its building upon the easement of the District in the manner specified in the ~~~ "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. :~ LICENSE AGREEMENT - Page 1 `, r ,~ y, !a}h it ~a.L 7.- ~{~~y -r j.,~,}y ~r a e ~. ~. ~~; ~ ~:. ., '~ j ljT fl I` ~~~ J ~ ~ !5 - { ~ - - 1 $ F ~.Y~ I t ' .. . ~ _ - . Construction of said building insofar as it may affect the ', District's easement shall be'performed in accordance with the "Special Conditions" statEd in:Exhibit D, attached hereto and by this reference made ~ a', part hereof . _ - - ~2. The.~buildinq.insofar as it may affect the District's - easement .shall be ~constructgd, located and kept in repair by the ~ ; Licensee `~in`, a ;mariner ` so as> not to interfere with the full flow of ' water. ' The'Licensee further agrees to keep the building, in a safe, eondi~ion°'to .the end that it;.shall not constitute a hazard to any 'person .using c'~~;.. passing. over ttie :District's easement and to indemnify _ ~'~ _' and keep°indemnified ;the District from all claims for damages arising _ ~.;"out of.:..any hazard:~r;'negliaence in the construction, location,. and `'maintenance,of_sa~d':building. ~ , . . ; ~ '- 3. The;. construction of the building shall be accomplished by the Licensee at such times and. 3.n such seasons and in such manner ' ~'~ so as not~to interrupt or. interfere with the flow of irrigation water in said ditch or`:.canal, or with the delivery of irrigation water by "'.the District to any,ot its landowners. 4. ~ The. Licensee-agrees to indemnify and keep indemnified the District.from:all claims of any of its landowners for damages from aml impairment, of the flow of irrigation water in said ditch or. canal wt~ich;~may be caused by the construction, location or maintenance of said building,.`or any use .or condition of said building. 5.. The Dis}rict reserves the right, at its option, to remove any .impediment to the flow of water through said ditch or canal ~'~ which may result from the construction, location and maintenance of the building:and to remove any hazards to person or property which may arise. by: ,reason of the construction, location or maintenance of the building, and the Licensee agrees to pay to the District on demand the costs which shall be reasonably expended by the District For such purposes. . 6. Licensee agrees to reimburse the District for any costs and expenses incurred by the District in the enforcing of any of the provisions of this agreement, including reasonable attorieys fees. The Licensee further agrees to pay reasonable attorney fees in connection with prepara'~ion of tris License Agreement and related matters. 7. The parties hereto understand and agree that the Licensee has no right to, in any respect, impair the uses and purposes of the irrigation works and system of the District covered by this contract, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT Page 3 .. ,~~~ ~~ 8. Nothing herein contained .shall be construed to im~aaiz the easement and right~of way of the.District in the said lateral, and all uses of said easement by ..*;icensee shall remain inferior and subservient to the rights of the District to the use of said easement. 9. In the event of the failure, refusal or neglect of the Licensee to comply with all. the. terms and conditions of this agreement, then the license of the Licensee under the terms hereof may be terminatEd by the. District and all structures in or.cver said easement which a,ay impede or restrict.the.maintenance and op ;ration of the_ ditch or_ :lateral by the District with its sduipment for the maintenance of said lateral, may be removed. 10. she word "Licensee" if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with,.all of the - lands of the Licensee herein described and shall re binding upon each of the parties hereto and each of the parties and all persons claiming under them or either of them, and the advantages hereof shall i,iure to the benefit of each ~f the parties hereto and their respective - successors and assigns, IN WITNESS WHEREOF, the Uistrict has hereunto caused its - corporate name to ba subscribed by its officers first thereunto duly authorized by .resolution of its Board of Directors and the Licensee has hereunto subscribed his name, or if a corporation, has hereui~t~ caused its corporate na~te to be subscriL-~ed and its seal to be affixed _ by its officers first thereunto dul~~r authorized ty resolution of its Board of Directors, ail as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT _ //, /, Its P~~~sident ATTEST' Iti ~ecretary - LICENSE AGREE:4ENT - `Page 3 ;~;: ~. Bye ci: 4+1~7~S1x~-.~• I^4 `{i, ..' SD c ~ N / .~ ~f'1 4 ~~ ATTEST : ~- ~ ~ 1 s" Rii s .sx >~y ~ - - ~ ~' - t ~ .~ `Z is ;st fy- 1 ~f X qj ~. ~„ S..ft ,. ~' tf 'fit t r j C ' .1>! t+ ~ f 1 Z w 1 \" het ~~~ X . - ~ - r~$! ' STATE OF IDAHO ) 3' _z ~ SS: w". J County of Canyon ) ~!~: ~' - -~~- on this a°~ day of '• 19 8 8 , . before me, ah~s F • undersigned, a Notary Public in and for said `Sts~e,' persurlally appeared CHESTER HARGRAVE and C_~iARLES E. .YOST; . knower ~ to me ,to, be tahQ President and Secretary, respectively, of NAMPA`~ MERIDIAN~IRRIGATION DISTRICT, the irrigation district thatexecuted ~..he 'foregoing inst~ent and acknowledced to me i~.hat such irrigation <. district : ;: executed the same. ° ~~~' .. IN WITNESS W.-i£'REOr , I have hereunto .set my hand and'~`a2fixed:~''.'~.~~-: ~•,'i~y;;oFcial seal, the day and year in this certificate first above', ~;~: ., :.:rittei~: _ • 7 - - Norma=}- Public for Idaho • ~ ••_.._ •- = Residing at Nampa,. Idaho ,: `~ < ~'. '~• •' •- J •';' My Commission Expires: STATE O~ IDAHO ) ss: C~un ~y of Ada ) On this ~~ day of '~ 1988, before me,~ the,~:;~°• undersigned, a Notary Public in and for said State, personal~y=:;"=_ appeared 5~v~ ,~-~,~t~eso,J and /~J~ known to me `,~' ~ ., . ; to be the ,~~-so,.~ and ~- `_ respectively, of Meridian Chamber of Commerce, the corporation that iIC~2~TSE AGR£?'MEh'T - PaQa 4 i i i . , executed the forecbing instrument and acknowle4?ed to me that such cor.porat~.oi, execu~~e 3 the same. IN '>~ITNESS WH :Rr.OF, I have hereunto set,,my•:hand and affixed my official seal, tha day and year in this-'.certificate first above • "~ written. " ~~~ ~~ Nota~y Public for Idaho . Residing at '•Boise, Idaho _~ My Commission%,Expires: ~~ /-~ •~. ~ 1 ~ ~ ~'10~...._._»._._........._.. ~I Dcde_..___._._~.By... ...... ~ EXHIBIT A ~~~_. ~_df~_ De~cvip-}~ort ~ov L~.000 o~ a pa rca L o 6 m ~,,. a,~,w.. c~;~' r'~-~o~nL~ :w~a-~cA ~N '~4.L NW%gNwy4,Stc.18,T3.-~•,RIE. Mcrjd I~w:~ Ada CoH~{y , ~'d a'~0 y-15 ~AVC.,~L O~- ~v~Ht•~ n,,. yyulvG nµ,~{1 t.~niwY~ dJ~[YI kxd GS ~" 1 ~o ll,JWZ ~ n -ti, r,^ ar, r. ~... Q at ~{~. `.a t ~~ o;ti, Gor~ne.v !v-..~ t..~.~.,'~ ~.. hor~t~wr ~' - ;I Grywv a6 Sct-f~ovt ~E , T 3 N.~ ~.1 E, ~~,rYl. ~ AdA Cuvv.~ U ~ ~l.,.ru. easy-~.t,,,, ' ~ a~rr~ -K.a, {? r U d , v #'k~ bo~n~da~ 1---,i, db said Scc{~~x., also sa..a .E...~c. ~~~ ~ tt+l~l.e.~r ~ -~. o~ ?vw.~.l. 1,~.._ IZ o a d a ~~.,,~. ott 1 O 5o E a pp ~ ~'~'- ~ po~fi, j ~~ Sn~lta.e,l.l,~ Qpp~1~t~,L~ qS ~ -~, poet- rn~.l~.,,;.c~ -{~.~ ~;,~.t~s«i~o~ _ pgcis}~Ma 5~~ pn~nr be~n~ ~.. R`~a~Po-nToFt66Giy,~ - o~ t~,,cln tv-~., ~,~..11, ~ u. cw.I- r~ o d.urc~.y C,w~,(r,~ ; ~"1~c~.,.cs. wts~wG~, ~ unfit. wi{'L. -~ C,1~.~. i~, 0 0 p ~- ~-~- u. ,too -~.~ ~ ~ P o,:.~-; ~.,..~. S ok~ ~ opprv~w+•o~ 13 O ~^Q pow' ~ v~f c.~scGf-,Jiti wi k, o~,. na r1~ ko ~~- anF~s}1v-g Go~cn.t~i.. ro~A Way{ C~,v~.a ~ '~~u- Soti~k~r.GS~nu~.~.l 11ontlik~ o ~ l ~ A,I.v-- ~i -~'kt-. +~, ;,}'~ h A Co to tt.t~.t ro a 4 way v.,,..(r app mc.t .~.~atii~ Z~} o ~Z' ~o - I~ ~t1u Rt:~ot, po~nT ~ ~ ~t-C, Iv-Htih9 ~ Co v-.~rls~ h' a ppw~c~ -~..o~i.l.~, ~3 ecre , ~_ (~I w-4tt av li.~. . Exhibit ~ :.~~.i':-r'r: ... . ,;. a-.. .. ,, ~,~ .,. .s ~ .o ~' ~ ~ ~ 8n [` ~ eo ~ ~ ~.~ + ... ~ - ~ ~ / ~ s tio`~ '. 3 ~- i ~ /_ ~•~ ~,,. ,~; ~ ~ i 'D. S v '4 ~- ^w ~ 0. ._ _ ~ rn: .. x o _. ~~~- 9ti ~ -~ ~ x oti ~+ H .~ ~ a ''r" ~ ". .y. ~ Y ^ ~ m' , '. , ~ 3 F g ~ ~ ~ ~i_~ X04,, D {, ~' s£ ~ Q ~~ ~ W 1 N %t% . a y 1' .~ • '" .a s ' ~ ~. S ~ ~ 4 9 ~ \ ~~ ~ S O ~ ~ ~ ~r1t N T ~N m `~ ~• '` x ... - - x - --- E~OAD . s _. _ ------..s -ss- ~ .. /~ ~_ p ~ ~ ~ ! ~. r 1 ` ~ - ~±.~ r , t;s r i -~,, ~ ~~ r. ~{: tN a~ : tl ~ r:4J T ~~?7c ~~i h..,^~Y ~ 1- :.. - .: :;y. ;_ .., 1.~'~ y ~iZBZT ~C PURPOSE OF LICENSE The purpose of ,this License Agreement is to ..permit Licensee encroach upon the District,'s easement alonar Rutledge Lateral ,: approximately 10 feet bj- a buitdi~nq to: be .located in or near Munici5 Park, Meridian, Idaho - ~ ~' y. C t ~ ` 1: ~ ~.c 1 _ y _; ,.- j F r~ 2 t } r: .~ , ,. .,. .. .. "~ 'i~:_ y `: _; ` r: t ~ ~ + .r ~} 4aj r 5 tirf: :. . \\ iv .l: t ., ` tr i l t 5,:. f._ ~, > ~ - `. e r r r '1 f ~i~ ' Z ~ , t r t t ~~~ ;i ~ A , ~I I- f -~. 5.. W~.;: ~~ ' r ~; i f L -r _ ~ ~'. ~ r i E ' ~ ~ z+.` t G r :~ LICENSE AGRr'.Et9ENT L~age 6 - r ~`, ~~ ~' :'rr ~S s r - r ~K Y ~ '~ ~ ~ ~ X11 rJi"4 RL/fit ~,~. f ~. ~ 4?~ h~~ ~. r ,. _S.. ~'.,.,<. _ ~t,fi re lift? «.K.~,tf~ st EXHIBIT D SPECIAL CONDITIONS 1. Licensee sr all notify the manager of the District prior to an3 immediately after construction so that he or the District's engineers may inspect and approve construction. If the Di.str].Ct's engineers perform such inspection, Licensee shall pay the District's engineers any fee charged in connection therewith. 2. Licensee shall place no permanent structures or trees, shrubs or bushes on the District's easement area except said building without the prior written consent of the District. The District's easement along this section of Rutledge Lateral is 45 feet, 25 feet to the west of the centerli._e of Rutledge Lateral and 20 Feet to the east of the centerline of Rutledge Literal. 3. No construction may be performed from March 15 to October 15 of any year without the written permission of the District. /1d~ County. Idaho w ~7uesl o} NAMPA & MERIDIAN IRRIGATION -DISTRICT TI-dc" / ~ /~ M1'+ GATE //~ ~~~ ~bhra e~n(~A R ^ R ~-H 8y Dep ty n /y~ (/`) j LICF.tdSE AGREEt4Et7T - Pare 7 RECORDEO-RE.OUcST OF .Y~IA Ci:~IIuZY P.EGORO€R .;. C ~~i% ~d'~1'ARItO FEE~`~' DEPUTY 2G~O OE 2 5 :~~ : q: ~ ~ I~ 010 2 9 9 9 l~lAl'i1PA & MERIDIAN IRR1CiATIO.N pCSIB~GI MASTER PATHWAY AGREEMENT THIS MASTE,}~ PATHWAY AGREEMENT ("Master Agreement"), is made and entered into this ~~ day of~~~~~,, 2000, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho (hereinafter "District"), and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho (hereinafter "City"). WITNESSETH: WHEREAS, the District owns or controls numerous irrigation canals, laterals and drains _ (hereinafter collectively referred to as "ditches") with associated fee title land and ditch easements, most of which are described and recorded 'in Instrument No. 797771, recorded January 11, 1977, in the office of the Ada County Recorder, Instrument No. 8367341, recorded December 19, 1983, in _ the office of the Ada County Recorder, Instnuent No. 989070, recorded on October 18, 1983, in the office of the Canyon County Recorder, and Instrument No. 8505634, recorded Mazch 7, 1985, in the office of the Canyon County Recorder, with the exception of those ditches or portions thereof _ which have been relocated and recorded subsequent to the recording of the aforementioned instruments; and, _ WHEREAS, the District utilizes the aforementioned fee title land and ditch easements to access its ditches, to monitor and adjust water Bows, to remove sediment and debris, to pipe, line and refurbish ditches, to maintain and repair ditch banks and ditch roads, and to perform other inspection, operation, maintenance and repair activities with the appropriate personnel and equipment; and, WHEREAS, the City may wish to develop pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands; and, WI~REAS, the maintenance of pathways along certain District ditches, maybe compatible with the District's primary interests and operations; and, WHEREAS, in order to develop such pathways it will be necessary to obtain the District's cooperation and permission; and, MASTER PATHWAY AGREEMENT -Page 1 ADA CUUHTY RECORDER ,1.OAYIp NAVARP,O Rt)!SE. IDAHO 200! JA -9 AM 9~ G9 RECORDED - Pi:DI.~E~T G~" ~ ~~ ,~ ~ ~; ~ AGMT. N0. ~.. _ .....~.~. FE~da:Q.~DEPIJTY IOIOOZ090 fIFA & frtERIDIaN IRRIGATION DISTfiJ~I. ~y(A~TER PATHWAY AGREEMENT THIS MASTER PATI~IWAY AG-F.EIIvIENI' ("Master Agreement"), is made and entered into this ~a day oft 200'(. by and between NAMI'A & MERIDIAN IRRIGATION _ DISTRICT, an irrigation distnct organized and existing under and by virtue of the laws of the State of Idaho (hereinafter "District"), and _ ADA COUNTY, apolitical subdivision of the State of Idaho represented by its duly elected and qualified Board of County Commissioners (hereinafter "County"). IT WHEREAS, the District owns or controls numerous irrigation canals, laterals and drains _ (hereinafter collectively referred to as "ditches") with associated fee title land and ditch easements, most of which are descn'bed and recorded in Instrument No. 797771, recorded January 11, 1977, in the office of the Ada County Recorder, Instrument No. 8367341, recorded December 19, 1983, in _ the office of the Ada County Recorder, Instrument No. 989070, recorded on October 18, 1983, in the office of the Canyon County Recorder, and Instrument No. 8505634, recorded March 7, 1985, _ in the office of the Canyon County Recorder, with the exception of those ditches or portions thereof which have been relocated and recorded subsequent to the recording of the aforementioned instruments; and, WI~REAS, the District utilizes the aforementioned fee title land and ditch easements to access its ditches, to monitor and adjust water flowsy to remove sediment and debris, to pipe, line and _ refiubish ditches, to maintain and repair ditch banks and ditch roads, and to perform other inspection, operation, maintenance and repair activities with the appropriate personnel and equipment; and, WHEREAS, the County may wish to develop pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands; and, WHEREAS, the maintenance of pathways along certain District ditches, maybe compatible with the District's primary interests and operations; and, WHEREAS, in order to develop such pathways it will be necessary to obtain the District's cooperation and permission; and, MASTER PATHWAY AGREEMENT -Page 1 • ADA OUNTY RECORDER .1. AVID NAVARRO GQ:SE. ~C~.HrJ __ 2001 FE -6 AN 10~ ~0 Fr MASTER PATHWAY AGREEMENT MT.NO.' c4'~f THIS MASTER PATHWAY AGIP~EEMENT ("Master Agreemerrt"), is made and entered into this ~NA day of 2001, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irri on district organized and existing under and by virtue of the laws of the State of Idaho (hereinafter "District"), and ADA COUNTY, a political subdivision of the State of Idaho represented by its duly elected and qualified r Board of County Cornrnissioners (hereinafter "County"). WITNESSETH: WHEREAS, the District owns or controls numerous irrigation canals, laterals and drains _ (hereinafter collectively referred to as "ditches") with associated fee title land and ditch easements, most ofwhich are descnbed and recorded in Instrument No. 797771, recorded January 11, 1977, in the office of the Ada County Recorder, Instrument No. 8367341, recorded December 19, 1983, in the office of the Ada County Recorder, Instrument No. 989070, recorded on October 18, 1983, in i the office of the Canyon County Recorder, and Instrument No. 8505634, recorded March 7, 1985, in the office of the Canyon County Recorder, with the exception of those ditches or portions thereof which have been relocated and recorded subsequent to the recording of the .aforementioned instruments; and, WHEREAS, the District utilizes the aforementioned fee title land and ditch easements to access its ditches, to monitor and adjust water flows, to remove sediment and debris, to pipe, line and refurbish ditches, to maintain and repair ditch banks and ditch roads, and to perform other inspection, operation, maintenance and repair activities with the appropriate personnel and equipment; and, WI~REAS, the County may wish to develop pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands; and, WIiEREAS, the maintenance of pathways along certain District ditches, maybe compatible with the District's primary interests and operations; and, WHEREAS, in order to develop such pathways it will be necessary to obtain the District's cooperation and permission; and, r MASTER PATHWAY AGREEMENT -Page 1 ~o~oo~o~~ _ ZONING REGULATIONS r 11-7-1 1 1-7-2 r CHAPTER? ZONING DISTRICTS; ESTABLISHMENT AND PURPOSE r r SECTION: 11-7-1: Intent 1 1-7-2: Zoning Districts 11-7-1: INTENT: The following districts are hereby established. For the interpretation of this Title, the zoning districts have been formulated to realize the general purposes as set forth in this Title. In addition, the specific purpose of each zoning district shall be as stated. (Ord. 430, 4-2-1984) 11-7-2: ZONING DISTRICTS: ` A. R-2 Rural Low Density Residential District: The purpose of the R-2 - District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where L predominantly rural residential development has, or is likely to occur - in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting the intrusion of L incompatible nonresidential uses. The R-2 District allows for a _ maximum of two (2) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. _ B. R-3 Rural Medium Density Residential District: The purpose of the R-3 District is to permit the establishment of rural medium density single-family dwellings, and to delineate those areas where predominantly medium density rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, _ and to protect the integrity of medium density rural residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-3 District allows for a maximum of three (3) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. City of Meridian - 1 1-7-2 1 1-7-2 C. R-4 Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and. to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. D. R-8 Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. E. R-15 Medium High Density Residential District: The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. F. R-40 High Density Residential District: The purpose of the R-40 - District is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal water and sewer systems of the City is - required. G. L-O Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to City of Meridi¢n - 11-7-2 11-7-2 r - the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and ^ high density residential uses, and is thus a transitional use. - Connection to the Municipal water and sewer system of the City is a requirement in this District. ^ _ H. C-N Neighborhood Business District: The purpose of the C-N District is to permit the establishment of small scale convenience business ~ uses which are intended to meet the daily needs of the residents of - an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and ~ strategic siting of such businesses to provide service to the - neighborhood and avoid intrusion of such uses into the adjoining ~ residential districts. All such districts shall give direct access to ~ transportation arterial or collectors, be connected to the Municipal - water and sewer systems of the City, and shall not constitute all or ~ any part of a strip development concept. I. C-C Community Business District: The purpose of the C-C District is i to permit the establishment of general business uses that are of a ~ larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such ,- districts shall have direct access to a transportation arterial and collector and be connected to the Municipal water and sewer ~ systems of the City. ~ J. RSC Regional Shopping Center Business District: The purpose of the RSC District is to provide for and permit the establishment of - general and retail business uses that are intended to, and will serve, ~ the entire region of the Treasure Valley; to permit business uses that would be of a larger scale than in the Community Business District; - to permit the development of a regional shopping center or mall with adequate off-street parking facilities and associated site amenities to serve customers and employees; to prohibit strip commercial - development and encourage the clustering of regional commercial enterprises. All such districts shall be located in close proximity to l~ major highway or principal arterial streets. All such districts shall be connected to the Municipal water and sewer systems of the City. I_ K. C-G General Retail And Service Commercial District: The purpose of _ the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to City of Meridian 1 1-7-2 1 1-7-2 provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of _ commercial development. L. OT Old Town District: The purpose of the OT District is to - accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, _ quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in - an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The District shall be served by the Municipal water and sewer systems of the City. Development in - this District must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. M. TE Technical District: The purpose of the TE District is to permit and encourage the development of a technological park, including research and development centers, vocational and technical schools and compatible manufacturing, and wholesale business establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost entirely within enclosed structures; to delineate an area of adequate size to accommodate present and future compatible needs on lands which are relatively free of improvements, well suited for such use because of location, topography, access and utility service potential, and relationship to other land uses could render the District infeasible for its intended use. The District must have direct access on two (2) or more transportation arterials or collectors, designed to convey large volumes of traffic through nonresidential areas to major highways and thoroughfares. It must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City for ~ domestic requirements. The District is further designed to act as a ¢ buffer between industrial and highway uses and other less intensive business and residential uses, and to provide an environmentally pleasing, safe and aesthetically pleasing employment center for the community and the region. City of Meridian ^ 1 1-7-2 1 1-7-2 ^ _ N. I-L Light Industrial District: The purpose of the I-L Light Industrial District is to provide for light industrial development and ~ opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments ~ which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to ~ delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City. ~ Uses incompatible with light industry are not permitted, and strip -' development is prohibited. O. M Mineral Extracting And Processing District: The purpose of the M District is to delineate those areas with known mineral resources and to set aside such land for the extraction, processing and storage of mineral resources. This District is designed to assure that the intrusion on noncompatible land uses does not preclude the extraction and processing of said minerals, and to assure that the extraction of these resources is so managed and the land reclaimed in such a manner that no hazard or nuisance be created which either immediately or in the future may adversely affect the health, safety or general welfare of the community. Mineral extraction, processing and storage may be conducted only in this District, and a land reclamation plan must be prepared and approved prior to any extraction. Development in this District must connect to City water and sewer. ,, P. FP Floodplain Overlay District: The purpose of the FP District is to _ guide development in the flood prone areas of any watercourse that ~, is consistent with the requirements for the conveyance of flood flows, '~. and to minimize the expense and inconveniences to the individual property owners and the general public through flooding. Uses i permitted in this District are generally associated with open space, _ recreational and agricultural land uses and shall not hinder the movement of the flood waters. (The FP District is superimposed over the other districts.) l_ O. MUR Mixed Use Review Areas: Those areas which, because of their unique location and varied potential need to be planned as a whole, ~ have been designated in the Meridian Comprehensive Plan as mixed - use review areas. These areas shall be developed as planned City of Meridi¢n 1 1-7-2 R S 1 1-7-2 development general (PD-G), and must be approved as a conditional use. FTZ Foreign Trade Zone: The purpose of the Foreign Trade Zone is to permit the establishment of an area that is, or will be, in the Foreign Trade Zone as granted by the Foreign Trade Zones Board to the City. Land in this District may include areas, because of their unique location or nearness to the Foreign Trade Zone and potential to be integrated into the Foreign Trade Zone, need to be limited in the uses to which they may be put. Uses in this Zone must be approved under the design review process. S-FTZ Sub-Foreign Trade Zone: The purpose of the Sub-Foreign Trade Zone is to permit the establishment of an area or areas that are not in the Foreign Trade Zone as granted by the Foreign Trade Zones Board to the City but are areas, the uses of which have, or may have, an adverse impact on the Foreign Trade Zone or the uses contained therein. Land in this District may include areas located adjacent or near the Foreign Trade Zone and the uses need to be limited so as not to cause, or potentially cause, adverse impact on the Foreign Trade Zone or the uses contained therein. Uses in this Zone must be approved under the conditional use process. (Ord. 592, 1 1-17-1992) City of Meridi¢n 11-8-1 CHAPTER 8 ZONING SCHEDULE OF USE CONTROL SECTION: 11-8-1: Zoning Schedule Of Use Control 1 1-8-1 11-8-1: ZONING SCHEDULE OF USE CONTROL: See the following pages of this Chapter for the "Zoning Schedule of Use Control" table. City of Meridi¢n. co T G W I- ~ U U O C7 U U tr ~ U U ~ U 1- ~ U ~I of ~ U U tZ ~I U U ~I I~ ~i i U U U Q U U U U U Q Q U U U U U I ,.~ I U U U U U U U U Q i ~ Q a U U U U U U U UI~I UI U U~ U Uo-~~- U Ud Ua.~a U U U~ U a U d. N m L ~ E a~ E J dI C N .C L C H 7 ~ ~ 0 0 0 ~ ~ m ca Z ~ W o L U v ~ ~ 7 ~ ~ C O ~ _ L L U t r ~ W E c ro ~ ~ O c ~ Z ~ ~ ~ U ~ _ ~~ o N E ; ~ i 1 r ~ Q Q m U i C7 S c ro N Y tII a ~ c E S O C ~t~: ~ ~ . z s ~ s ~ o ~ i ~ ~ a ~ ~ s o a a~ ~ 'v ~ > c E~, a~ i o ~ ~ c c ~ N - O C 'O C ~ 3 ~ ~ ~ _ C C ~. ccs N _ i ~ m m c c a~ c c °~ `~ ~ c c m ~ U c ~ E ~ c ~ a. ~ H H .> c m D n a~ N T 0 N N a~ U U Q N c a a~ E ;~ m ii ~ ~ Q o S U N c 0 c o U ii U a~ E O n d r T e H U 2 H LL a ~U .U ~ U .U ~U .U U U U d d U U .; C m N 0 m `o m U V Q m m E a~ Q a. r; '~ .~ v 0 T U T W 0 z Q J ~ .... i~ :~ v cts c (ll )I L c )I O ~ E i ~ 1 ~ C c y 1 ~C C J RS c [0 N c m c4 U_ ~ ~ ~ ~ { ' y c ~ U S C ~ 1 U ~ vi m c )~ ). ~ 7 ~ C `~ i 7 '- ` U J ` C I ~ ) ~ r C C U ai `o n O U f J ~ > i c ~> ~I~ ~ c ~ a) ~ ~ c O ~I~ 1 .--. ~ ~~ = S f ~ ~ > 4 C 1 D a~ c 0 c 0 U U y m .~ '~ MT W T G w ~ F- O U ~ U U U C U ~ U U ~ ~ U H ~ Z U O J O ~ ~ C ~ ~ J Q ~ r Cn ~ ~ ~ ~ ~ ~ d E ~ ~ z O a _ T J m LL I U U ~ d U U d d cd C O U ~ ~ ~ i E U ~ to ~ O N ~ "- ul E Ea~~ E N E v O ~ -O ~ U U ~ RS y -~ +. O O N N cL6 O ~` ~ .~ [0 O ~ C C (d C ~ C 7 O ~ J R> J J J U U 1 U U U ~ I U U n- U U i U a U U U a a U U U d U U U U ~ U U U U D a. a i~ d. a. N d N fn ~ U Q) ~U C N ~ ~ cU E ~ .~ ~ Ln O_ N ~ N C O (~ 7 _ C 41 U ~ 'C ~ ~ o -y ~ a U ~ CIJ ~ U C ~ fSf j N - C 0 ~ ~ ~ ~ N ~ C p N d . ~ ~_ _ C C ~ U .U U U f~ R v ~ O ~ ~ ~ ~ ~ ~ ~ a a n. .~ N c m a~ O n 0 a~ 0 a~ U U Q c>s a~ ~ d v I I ~'" Q ~ ~ c ~_ U m m C O '~ C O U I U O U a N .~ `m r T L L U U ~ U U L ~ U I- ~ Z U O 0 ~r C N 0 I a~ i 0 a~ U U Q m E a~ a Q a n .~ y 0 U ~ ~ ~ ~ ~ ~ ~ L c ~ ~ Q Z Q U r _ T' J d] CC a1 C 0 .~ N U m o a c4 ~ U1 o '- ~ C ~ ~ ro n U7 Ala IU m U ~ 4 7 U - L ~~ C " c c o ~ o_ Q U L ~ ~ a z U Q .~ L R U Q N F- N m N rn O E c0 rn rn 0 O m C O C O U U 47 N N E m a MT W T L - ~ a a ~ U a ~ a a n. ~ d ~ d U ~ a W U ~ O U U U U U U U ~ U ~- U ~ ~ U U ~ U U ~ U I- Z ~ U O J 0 v d' N O ~ U ~ ~ ~ C y ~ N L U C O = "O O U U X N Cd 7 Q' p y = ~ O 4 -p ~ = N -° C j a1 ~ ~ U U ~ ro ~ C . 'p (b ~ O ~ N C C O O C C RS E (~ 0 T C [6 C ro C w ~ O = '._~ J ~ c '~ ° ~ v E ~ ~ ° ~ `~ c E > ~L ° a ~ °~ v ro N ~ ~ cu vi o ~ . ro ~ ~ ~ ~ O ~ ~ 7 c U - 3 = ... ° ° ~ ° ` -o ~ 7 L 47 `- O E m ca `o ~ ~ W ~ ~ N E ° c ~ o c °' H ~ ~ ~ a c m ` of °' ° -° c ~ ~ ° ~ m ~ ~ ~ c cn ~ c c ~ c>s ~ o vi ~ ca o ro .~ a~ a~ ° m ~ T, ~ ~ Z ~ _ m ~ ~ c ° y~ ~ o m ~ ~ ~ a~ ~~ ~' ~ ca c E ~ N O *- J U Q Q Q ~] CD OO ° U ~ U U W W W LL LL LL LL ~ C .; m .~ a~ 0 n O a~ 0 m m m U U Q m >; E H a~ ~ ~ ~~ I I ~'' o a ~ U m N f0 C O a C O U I I U N N E m a u a. r T r T W F- U U_ ~ ~- z L C d Q ~r c 0 J _Q ~ ~ W f- ~ ~ ~ ~ Q Z ~ U 10 m O n O N .~ N C I N T O U U Q y cU N .~ N Q a~ ro c 0 c 0 U U a~ ~n ~' '3 .~ O U 11-8-1 1 1-8-1 _ D. Livestock And Poultry Prohibited; Exception: Within any of the zoning districts of the City, it shall be unlawful to use the land for the keeping or housing of poultry or livestock. All poultry or livestock _ presently kept or maintained prior to the passage of the Ordinance codified in this subsection shall be allowed to continue until the property that they are kept on or maintained on ceases to be used _ for such purposes for a period in excess of one year and after that one year, poultry or livestock may not again be able to be kept or maintained on that property; provided, that said property was being legally used to keep or maintain poultry or livestock prior to adoption of the Ordinance codified in this Title; and, provided, however, that property presently or subsequently zoned for the use of meat or poultry processing shall be allowed to keep or maintain poultry or livestock. (Ord. 524, 4-3-1990) City of Meridian A w 0 1 1-9-1 11-9-1 CHAPTER 9 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS SECTION: 11-9-1: 11-9-2: 1 1-9-3: 11-9-4: Zoning Schedule Of Bulk And Coverage Controls Supplemental Yard And Height Regulations Site Planning Review Accessory Use Provisions 11-9-1: ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS: See following page for "Zoning Schedule Of Bulk and Coverage Controls" table. City of Meridian T T C C r .~ ~ / - Q1 f ~ ~ u S ~ C d ~ ~ ~_ X ~ ~ Z _ o O f J X cti [ L Z W CC N Z ~. ._ ~ ~ U U' W Y U Q C^ I- O < .~ ~ ~ U Q C Q } ~_ ~ cZ_ ^ G ~ O ) cn ~ 11] M d' r N r N r- C ~~ O tC) O O O T C I N N N N N N N C C v C ~ ti7 t1') O C LL N N M C J ~ uJ N CT _ ~ (b O O N ~ C Q O O O C O N ~ c G r (D ~ T T Q ~ 1 LL r ) in J .-- N O O J C'7 N c7 ~ ~ O" CT _ ~ (n ~ 00 O [ j JA N Q CC) ~ Q CO l.l... lf7 in T IAN r C > O C J ('7 C .,+ ~ ~- c!) - I O C O ~ ~ 0 N Q C1' y O O O rQ J ~I N N O U Q] W ) J O m V N i Q ~ ~ ~ ~ ~ ) ~ ~ to J ~ '- ~ ~ U W ~ O O Q J _ Z ~N C '~ .~ 0 T U ^ ^ ^ ^ r ^ ^ r T m °' _" >: ~ ~ ~ r O ~n C p ~ O O ~ ~ 1 O a O ~ O O _ ~ U ~ ~ p _ p U a ~, ~ _ ~ O ~ ~ O = N 7 ~ O ~ T ~ C _ U L O C p E ` ~ ~ N ° - m ' - ° ~ p T ~ i ro ~ ~ ~ p ~ ro a~ E -mo s ~ o' c~ 3 ~ o •~ _ L -p C O U O ctf to a ~ U C N C ~ p N U '~. y cd •~ ~ p •- _ ~ 'o O O ~ Ql N 7 ~ ~ tq ~ U N ~ t~ V1 (U N p :--~ T ~ a~a ~ ~ ~ a m .~ ~ c _ a~ .n a~ o N ~ T ~ d U . p p ~ Q N ~ N ~ ' L O p a L V .~_ Y U C rn ~. p O O o ~ ro - o w- ~ ~~_ ~~ p ~ ~ ~ m ~ ~ m ~ ~ ~ ~ ? ~ C (~ to T (~ '~ ~ N 7 O '_ fS$ U C p co p ~ L x p U U p ~ ~ ~ ~ p ~ U N ~ C~ C (~ p U i - ~ ~ O ~ O ~ ~ ~ O L ~ O a O ~ ~ ~ }. C N C U ~ p _ ~ U U ^ ' ~ ~ O ~ O O~ _ C ~ O ~ O1 O - p L C T O O_ U ~~ ~ y T U = 7 C O ~ ?i `- J O N ~ ~~ N ~ r '~ C C ,- CO T O 'p - O) _C O _ _ O O N O ~ E - ~ c3 • crS , L ~ v, C ~n ~ C ~ O "~ O p p C - p C C N L~ °' ' ~ ~ r ~ ~ E ~ ~ c o ~_.. ~ F-C~~I- Q~ ~~ m m m '^ r ^ - ~ c 3 ~ T• z ~ ~ ~ ~ . ~ ~ .~ ~ O n .~ C U ALBERT W. HILL, MAI EDUCATION High school at Grangeville, Idaho; Bachelor of Arts Degree in History from Boise State University in 1969; Master's Degree in Educational Media from Western Oregon State College in 1976. APPRAISAL EDUCATION Real Estate Appraisal Principles (May 1984), Basic Valuation Procedure (May 1984), Standards of Professional Practice (August 1993), Capitalization Theory & Techniques - Part A (May 1985), Capitalization Theory & Techniques - Part B (September 1985), Case Studies in Real Estate Valuation -Course II (May 1986), Valuation Analysis & Report Writing (May 1986), Demonstration Appraisal Report (1989), Comprehensive Examination (February 1990). Appraisal Seminars attended since 1984 include Real Estate Investment Analysis, Federal Home Loan-Memorandum R-41b, Federal Home Loan -Memorandum R-41c, Cash Equivalency, Real Estate Risk Analysis, Hazardous Waste, Farm Valuations, Easement Valuations, Minerals Seminar, Overview of Final FIRREA Rules and Regulations, Appraisal Review, Specialized Appraisal Issues, Uniform Residential Appraisal Report, Small Income Property Appraisals, Understanding Limited Appraisals, Appraisal Reporting Options, Fair Lending and the Appraiser, Dairy Appraisal Seminar, Data Confirmation & Verification, On-line Internet Search Strategies for Real Estate Appraisers, On-line Residential Design and Functional Utility, Skills of Expert Testimony, Financial Institutions Review Considerations, Regulation Compliance and Recent Changes in Idaho Law, Appraisal of Local Retail Properties, Appraisal of Special Purpose Properties, and Federal Land Exchanges and Acquisitions. CONTINUING EDUCATION FOR DESIGNATED MEMBERS - The Appraisal Institute conducts a continuing education program for its members. MAI's who meet the minimum standards of this program are awarded periodic educational certification. I have currently completed the requirements under this continuing education program. STATE CERTIFICATION _ State Certification in Idaho - Certified General .appraiser CGA-12 APPRAISAL EXPERIENCE Associated with Idaho Land & Appraisal Service Company from March 1983 to April 1995. Since April 1995, self-employed, making real estate appraisals on all classes of property. APPRAISAL CLIENTS Completed or assisted in numerous appraisals of residential, commercial, agricultural and industrial real estate for the following clients: _ American Bank of Commerce Key Bank Mosbacher AG Texaco, Inc. St. Luke's Regional Medical Center The Money Store Chevron, U.S.A. First Interstate Bank United States: Idaho Power Company West One Bank Forest Service Union Pacific Railroad First Security Bank Army Corps. Of Engineers Agri-Beef Washington Federal Savings & Loan Ada County Highway District Diamond Fruit Growers Olympus Bank State Insurance Fund U.S. West Communications Metropolitan Mortgage Boise Industrial Foundation r City of Boise State of Idaho: U.S. Creditcorp Boise Cascade Corporation Dept. of Transportation Traveler's Insurance Zions Bank Dept. of Fish & Game Fearless Farris Home Federal Savings Dept. of Lands J.R. Simplot Co. _ Farmers & Merchants City of Middleton City of Twin Falls (Plus numerous attorneys, private individuals, banks and mortgage companies) PROFESSIONAL ORGANIZATIONS Member, The Appraisal Institute with ~iAI Designation. Certified Appraiser -Idaho. COURT TESTIMONY -~ Testified as expert witness in Idaho District Court. SUMMARY OF THE RIGHTS OF AN OWNER WHEN ADA COUNTY HIGHWAY DISTRICT SEEKS TO ACQUIRE PROPERTY THROUGH ITS POWER OF EMINENT DOMAIN. (1) The Ada County Highway District has the power under the constitution and the laws of the state of Idaho and the United States to take private property for public use. This power is generally referred to as the power of "eminent domain" or condemnation. The power can only be exercised when: (a) The property is needed for a public use authorized by Idaho law; (b) The taking of the property is necessary to such use; (c) The taking must be located in the manner which will be most compatible with the greatest public good and the least private injury. (2) The Ada County Highway District must negotiate with the property owner in good faith to purchase the property sought to be taken and/or to settle with the owner for any other damages which might result to the remainder of the owner's property. (3) The owner of private property to be acquired by the Ada County Highway District is entitled to be paid for any diminution in the value of the owner's remaining property which is caused by the taking and the use of the property taken proposed by the District. This compensation, called "severance damages," is generally measured by comparing the value of the property before the taking and the value of the property after the taking. Damages are assessed according to Idaho Code. (4) The value of the property to be taken is to be determined based upon the highest and best use of the property. (5) If the negotiations #o purchase the property and settle damages are unsuccessful, the property owner is entitled to assessment of damages from a court, jury, or referee as provided by Idaho law. (6) The owner has the right to consult with an appraiser of the owner's choosing at any time during the acquisition process, at the owner's cost and expense. (7) The Ada County Highway District shall deliver to the owner, upon request, a copy of all appraisal reports concerning the owner's property prepared by the Ada County Highway District. Once a complaint for condemnation is filed, the Idaho Rules of Civil Procedure control the disclosure of appraisals. (8) The owner has the right to consult with an attorney at any time during the acquisition process. In cases in which the Ada County Highway District condemns Summary of Rights, Page 7 property and the owner is able to establish that just compensation exceeds the last amount timely offered by the Ada County Highway District by ten percent (10%) or more, the Ada County Highway District may be required to pay the owner's reasonable costs and attorney's fees. The court will make the determination whether costs and fees will be awarded. (9) The summary of rights is deemed delivered when sent by United States certified mail, postage prepaid, addressed to the person or persons shown in the official records of the county assessor as the owner of the property. A second copy will be attached to the appraisal at the time it is delivered to the owner. (10) If the Ada County Highway District desires to acquire property pursuant to Chapter 7, Eminent Domain, of Title 7, Idaho Code, the Ada County Highway District or any of its agents or employees shall not give the owner any timing deadline as to when the owner must respond to the initial offer which is less than thirty (30) days. A violation of the provisions of this subsection shall render any action pursuant to this Chapter 7, Eminent Domain, of Title 7, Idaho Code, null and void. (11) Under section 7-711(2)(b), Idaho Code, damages may be assessed for damages to a business. In order to recover for damages to a business, the property sought to be taken by the Ada County Highway District must constitute only a part of a larger parcel, the business must be owned by the person whose lands are sought to be taken or be located upon adjoining lands owned or held by such person, the business must have more than five (5) years standing, and the taking of a portion of the property and the construction of the improvement in the manner proposed by the Ada County Highway District must reasonably cause the damages. Business damages are not available if the loss can reasonably be prevented by a relocation of the business or by taking steps that a reasonably prudent person would take, or for damages caused by temporary business interruption due to construction. Compensation for business damages shall not be duplicated in the compensation otherwise available to the property owner under paragraphs (2), (3) and (4) of this Summary. Section 7-711(2)(b), Idaho Code, sets forth the procedures an owner claiming business damages must take, and the timing thereof, in the event the negotiations to purchase the property and settle damages are unsuccessful and an action in condemnation is filed by the Ada County Highway District. (12) Nothing in this summary of rights changes the assessment of damages set forth in section 7-711, Idaho Code. Any questions concerning this Summary of Rights Form should be directed to Kathy Smith, Right of Way Agent, Right-of-Way Division of the Ada County Highway District at 387-6275.. Summary of Rights, Page 2 ~,~ NEGOTIATION SERVICES, L.L.C. Pi.iblrc Rigkts of W¢y & Ease~neru_r • !'ull Service io ~lre P~'ivute Secta• LAWRENCE RINCi:~!'I~;R ITD Approved • Member ~~ ~ ~. January 28, 2002 City of Meridian Attn: Elroy Huff, Interim Director Meridian Parks & Recreation Department 33 E. Idaho St. Meridian, ID 83642 Re: Project Name: Franklin Road, Main to Nola Project Number: 501019 Parcel Number: 3 (SW corner of Franklin & Main, Meridian) Dear Mr. Huff, The ADA COUNTY HIGHWAY DISTRICT has programmed a road improvement project for Franklin Road, Main to Nola, and the right-of-way acquisition phase is now under way. New right-of-way required from this parcel amounts to 17,311 square feet. The permanent easement required amounts to 722 square feet and the temporary easement required amounts to 225 square feet. The requirement has been appraised by a qualified appraiser and a market value established at $176,620.00. The just compensation offered is based on the appraisal report. Enclosed is an acquisition packet containing the following: [x] Sale and Purchase Agreement [x] Permanent Easement [x] Temporary Easement [x] Warranty Deed [x] Project Plan Sheet [x] Summary of Rights [x] Appraisal [x] Return Envelope If the above offer is satisfactory, please sign and return all original documents to this office. When fully executed, copies will be sent to you for your records. When I've received the documents, I will have the Agreement approved and processed by the Highway District and arrange for disbursement through First American Title Company. P.O. Box 433, Boise, ID 83701-0433 • Tel: ('208) 384-1920 • Mobile: (208) 861-0438 • Toll Free: (800) 388-8848 • Fax: (208) 388-8401 • E-mail: rinkyl ~ciimieron.net Normal processing of payments takes approximately 45 days from the time we receive the signed documents. If there are other parties of interest (liens, mortgages, etc.) on the property, the necessary clearances will have to be obtained prior to processing the acquisition payment. This can cause some delay but generally does not present much of a problem. ACRD will obtain the clearances and title insurance and pay closing and recording fees. If you would like to meet personally, or if you have any questions regarding this proposal, the project, or the documents, please don't hesitate calling. I can be reached at 384-1920. I may also be available on my mobile phone at 861-0488. These are direct lines. If I'm not in, please be sure to leave your name and a number where you can be reached so that I can return your call as soon as possible. Your cootion and prompt attention to this matter is sincerely appreciated. Since~r ,~ ~ ~~ ~ . Lawrence Rmcover Right-of-Way Agent cc: Kathy Smith, ACRD PROJECT MAP Parcel 3 (City, of Meridian) Franklin Road (East 1g` St. to Nola Rd.) ~' _----- Proposed Acquisition (in olue): 17,311 Sq.Ft. (per Sheet 1 of plans) Permanent Easement (in green): 1,300 Sq.Ft. (per Sheet 1 of plans) Temporary Easement (in yellow): 225 Sq.ft. (per Sheet 1 of plans) ~-Z--~~ ITD 2188 (Rev.S-02) Appraisal Report Project No. Key No. Parcel No. Parcel ID Nti 501019.0 NA 3 S111821261( valuation of Requirement or Total Parcel: Subtotal Total Acquisition: 17,311 sq.ft. @ $8.75/sq.ft. _ $151,471.25 Perm. Easement: ~~ 1,300 sq.ft. @ $8.75/sq.ft. @ 50% _ $ 5,687.50 Temp. Easement: 225 sq.ft. @ $8.75/sq.ft. @ 12% _ $ 236.25 $157,395 improvements Within Requirement (If An Landscaping (see Contractor's Bid): $15,595 Fence (Marshall Val. Serv., Sect. 66, Pg. 4): 350 In.ft. @ $9.90/In.ft.: $ 3,465 Gate (Marshall Val. Serv., Sect. 66, Pg. 4): 3' wide gate: $ 165 $ 19,225 joss in value to Remainder (Severance/Minor Dama es Explanation): None. $ 0 Cost to Cure Items (Explain and Su ort): None. $ 0 Total Fair Market Value/Just Compensation: $176,620 Signature: Signature: Report Date: January 13, 2003 Effective Report Date: December 24, 2002 Comments: