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fIEPIDIAN--- Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: August 21, 2014 Transmittal Date: July 24, 2014 File No.: VAC 14-005 Hearing Date: August 26, 2014 Request: Public Hearing: Vacate the 10 foot wide public utility, drainage and irrigation (PUDI) easement along the shared lot lines of Lots 1 and 2 Block 1 platted with the Wvndstone Place Subdivision By: Clay, LLC Location of Property or Project: north of 1-84 and west of S. Wells Street _Joe Marshall (No FP) _Scott Freeman (No FP) _Steven Yearsley (No FP) _Patrick Oliver (No FP) _Macy Miller (No FP) _Tammy de Weerd, Mayor _City Council Sanitary Services (No VAR, VAC, FP) _Building Department/ Rick Jackson _Fire Department _Police Department —City Attorney City Public Works _City Planner _Parks Department Economic Dev. Your Concise Remarks: _Meridian School District (No FP) _Meridian Post Office (FP/PP/SHP only) _Ada County Highway District _Ada County Development Services _Central District Health _COMPASS (Comp Plan only) _Nampa Meridian Irrig. District _Settlers Irrig. District Idaho Power Co. (FP,PP,cuP/SHP only) _ Qwest (FP/PP/SHP only) _Intermountain Gas (FP/PP/SHP only) _ Idaho Transportation Dept. (No FP) _Ada County Ass. Land Records Downtown Projects: _Meridian Development Corp. _Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline —New York Irrigation District _ Boise-Kuna Irrigation District Boise Project Board of Control/Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org (:�/rE IDIZ �J Planning Division COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use. Permit Modification STAFF USE ONLY: ❑ Development Agreement Modification ,, it El Final Plat File number(s): U.Ci ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat Project name: 11 Private Street Date filed: 7'I`I'I Date complete `�'74H ❑ Rezone El Short plat t0 Q ,A,(„ A Assigned Planner: —I ❑ Time Extension (Commission or Council) Related files: ❑ UDC Text Amendment Vacation (Council) ❑ Variance Hearing date:ElCommissional Council Y ❑ Other Information Applicant name: Clag , LLC Ronel&41- 2-A10 Y:x: )952-2GSfo Applicant address: 1101©EW We -if KCL•yftlJt Ott 1,( Zip: 9100-7 E-mail: Sk0Urt"eS6 a0 1 . Com Applicant's interest in property: IXOwn ❑ Rent ❑ Optioned ❑ Other Owner name: hU QS2 ste about', Phone: Fax: Owner address: Zip: E-mail: Agent name (e.g., architect, engineer., developer, representative): Firm name: Address: Phone: Fax: Zip: E-mail: Primary contact is: ❑ Applicant ,Owner ❑ Agent. 11Other Contactname:JOh(l &W(-+eG.MtAt kgtle CI LV, LLC iion M -2410 axx: 952-2GSCo Contact address: gC)10 SW WClr PA., QYerbllU?,Zip: 91001 E-mail: ourf-eSa w . Coral Subject Property Information Location/street address: Pock I of W 4 IId Sthne P lwt SUbdU YI 8 I on Assessor's parcel number(s): Township, range, section: O NUful' 1 ttLk5C I Current land use:VaCagi 1CSts in buStness Park Total acreage: 0 , Ti acre r, Current zoning district: Professi o nco MCP, OAA& Commer6a businCSS pnll 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I (Rev. 02/0&2013) Project Description Project/subdivision name: s �� w bdlYtSl( p�� �^ General description of proposed AdMC& And �project/request:C ��y Y'bC `" -I WV � Pun 26,2011 Proposed zoning district(s):�} �e�ter of the rill of Merfrlirin sr�c>1-�,rhed. Acres of each zone proposed: A' Type of use proposed (check all that apply) ❑ Residential *Commercial ❑ Office ❑ Industrial ❑ Other ,�`' Who will own & maintain the pressurized irrigation system in this develop,tment? wV n ik*�iP, Place '�Iltl..A.Ayl80q Which irrigation district does this property lie within? N=Va � Kai d iQCI�ah n n pl� eA Primary irrigation source: ftl6db0t placf S()bd. Secondary: I' Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): hd-bead V wlnd-done PWCUU&V!Gi66 Residential Project Summary (if applicable) Number of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2 - 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (Macre-total land): Percentage of open space provided: Percentage of qualified open space acreage: Proposed building height: _ Average property size (s.Q: Net density (DU/acre-excluding roads &. alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhomes ❑ Duplexes ❑ Multi -family ❑ Other Non-residential Project Summary (if applicable) ,�}� Number of building lots: Cera I datlnn d t!+ty Other lots: 11 Gross floor area proposed: IG i and 2 Existing (if applicable): KOfle Hours of operation (days and hours): M(111.- SU11. 7Q. tO CQn Building height: 2.2- f T .L Percentage of site/project devoted to the following: ,�yyam�,, pp Landscaping: �n - W Vlt Building: P'PcWy1i(ISLUpI� Paving: lrr W (i(AS1Unl. . Total number of employees: � Number and ages of students/children (if applicablle))1:,1N f A Total number of parking spaces provided:,_ Number of compact spaces provided: t itbo'n UL W i �fff b ached map Lot 3 wygmt lne Pi ate sutd; lon Authorization Print applicant name Applicant signature: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-68.54 • Website: www.meridianeity.org 2 (leo. 02/0820/3) Planning Division Vacation Application Narrative Project Name: Willamette Dental Site, Lots 1 and 2 of Wyndstone Place Subdivision Applicant: Clay, LLC Clay, LLC is requesting a vacation of the utility easements between Lots 1 and 2 for the construction of a building. Clay, LLC owns both Lots and the Wyndstone Place Association Board approved the consolidation of the Lots and the proposed building for the site. The proposed building will cross the lot line between Lots 1 and 2, but will not otherwise encroach upon property lines or easements. In the original plat of this subdivision there is a 10' utility easement on each side of the divided lot line; however, utilities are all on the perimeter of the lots. Our project fits the character and nature of the FUD and will enhance the future success of the area. Our project was approved by the Board (88.5% approval margin) in accordance with PUD rules. This is a private PUD; all roads, sidewalks, non-public easements are private and controlled by the Board. This project has no effect on any public utility; no utility or access is harmed — no lines or piping cross this imaginary line. No public interest is at stake. Lecial Description F •Wyndstone Place Subdivision Lots 1 and 2, Block 1, Parcel Consolidation A parcel located.in the $E % of Section 17, Township 3 North, Range 1 Easf.Boise Marldian,. Ada County, Idaho, and being Lots 1 and 2 of Block 1 of Wyndstone Place Subdivision as shown in Book 96 of Plats on Pages 12047 thru 12048, records of Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter Iron pin marking the northwest corner of said Lot 1, from which a Brass Cap monument marking the northwest corner of said SE "/ (Center %) bears N 0°03'13" W a distance of 795.53 feet; .Thence along the northerly boundary of said Wyndstone Place Subdivision S 89°41'26" E a distance of 261,46 feet to a Yz inch diameter iron pin marking the nprtheast corner of said Lot 2; Thence S 0°18'35" W along the easterly boundary of said Lot 2 a distance of 135.18 feet to a''/z inch diameter Iron pin marking the southeast corner of said Lot 2; Thence N 84°52'36" W along the southerly boundary of said Lot 2 a distance of 30.62 feet to a "/2 inch diameter iron pin; Thence N 78008'15" W along said southerly boundary and the southerly boundary of said Lot 1 a distance of 110.97 feet to a point; Thence S 78045'23" W along the southerly boundary of said Lot 1 a distance of 92.29 feet to a inch diameter iron pin; Thence continuing along said southerly boundary S 89°56'47" W a distance of 30.99 feet to a inch diameter iron pin marking the southwest corner of said Lot 1; Thence N 0°03'13" W along the westerly boundary of said Lot 1 a distance. of 129.07 feetto the POINT OF BEGINNING. Said parcel contains 0.74 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC April 10, 2014 @� soIUtj0ns ��"Anna Nrvaying me ComMlfn, a T'j 118 ` A `�� �f lo��y a°- z. �� 9TF o r �o�` 5� tiT°N w . N"`� Wyndstons Parcel Consolidation Job 9436 POINT OF BEGINNING 0 s m° h U i I WYNSTONE PLACE SUBDIVISION LOT 1 AND 2, BLOCK 1 PARCEL CONSOLIDATION 8 9 E. FRANKLIN RD. 17 16 3 C��Itl H o SEC 17 �I C 1/4 r• 2605.89' 17 16 1/4 S5 89'J5'02 w V AMENDED MAGIC VIEW SUBOINSION S 89'4126" E 261.46' L________________ __________I I I I I I 3 WYNOSTONE PLACE SUBDIVISION I I I I � I III I o TOTAL PARCEL AREA Lor 1 = for 2 0 0.74 ACRES 2 BLOCK 1 L O j r� _ --� I rl � I I I / I -J -- w 92.29 N 7&228, -- S 78-4523 I 1s- ry 1122 g), 30.99, 3 M Co 0 ti h S 895647" W `-30.62' N 8452J5" W ,p,L LA /y0 �1STeR SG,AL ,Ai LLa:n ?Iutions Landveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 83642 12081288-2040, 120828&2557 fax w .Iandsoludons.blz Branch :TAD,User :D016 Comment; Station Id :IfTYA ADA COUNTYRECORDER Christopher D. Rich AMOUNT10-00- �1 BOISE IDAHO 03/04/2014 04:07 PM DEPUTY Victoria Bail ey gAeS avdrnx RICORCD QUETOR. 1111111IIIIIIIII IIIA I IIIIIIIIIIII II111111IIII1IIIIIIIIN TiticORa TITLEONEBQISE ' 114016114 , b Onley Number" 13241077 4; Warranty Deed FotValueteceivad, Q.L. Volgt, a married man , as kis We and. separate property the gmhto0 does hereby grant, bargain, Sell, and convey unto Clay, LLC, an Oregon limited liability company ;3 whose current address Is 17010 SW Welf Rd,Beaverton, OR 97Q07 the grades, the fbllowtng described premises, In Ada Coolly, Idaho, to Val: 1: We 1 and 3, N Wool; 1 of Wyndstone Place SubdlNslon, acsarding to rho official plat thereof, filed in Beck 9" Plats at Psgo(s)12047 and 12048,o*IW mDx& of Ade County, Idaho. iR '7 3J nil Stale of Idaho, County ofapoyNeV1k4s. :? On this -1day of February In the year of 2014, beforame, the undersigned, a Nolary Public In and leveed y Slate, personally appeared C.L Volgl„knmm orldent0ed tome to be the person(s)whose nameis) Islam subscribed to the within insinumenl and acknowledged to m lha1 helehaltheyaxoeuled the same Notary Public- MY Cummisslon pma:3 • i 3 I `� (seal) •\SxpWkilliffil y7y SUSgN`.� .� r ' •i r=( ' ADA,,1D Page I of 1 Printed on 6/30/2014 3:19:49 PM Document: DED WAR 114.16114 Branch :TAD,User :D016 Comment: Assam Enterprises, L.L.C. , an Idaho limited liability company. the grantor, does hereby grant, bargain, sell, and convey unto Clay, LLC , an Oregon limited liability company whose current address Is 17010 SW Wier Rd, Beovenon, OR 97007 the grantee, the follawing describedpromises, in Ada County; Idaho, to A Lot 2 in Block I of Wyndstone Place Subdivision, according to the official plat thereof, filed In Book 96 of Plats at Page(s)12047 and 1204B, official records of Ada County, Idaho. To have and to hold the said premises, with theirappudenances unto the sold Grantee, Its helm and assigns forever. And the said Grantor does hereby covenant to and with the said Great", that Grantor is the owner in fee simple of said promises; that they are free from all encumbrances except those to which this conveyance Is expressly made. subject and those made, suffered or done by the Grantee; and subject to all existing. patent reservations, easements, rightist of way,protective covenants, zoning ordinances, add applicable building codes, laws and regulations, general taxes and assessments, Including haBdon and utility assessments (If any) for the current year, which are not due and payable, and that Grantor will warned and defend the same from all lawful claims whatsoever. Whenever the contex�so_requires, the singular number includes the planet, By: Gary State of Idaho, County of Ada, as. On this lZday of February, 2014, before me, the undersigned, a Notary Pubic in and for said Stale, personally appeared Gary AsSoll,known or Identified to tau to be a Member of it limited Ilabitty company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of sold limited liability company and that such limited Ilabillly company executed It, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year in this cenigeate Vast above written. r pr.... Notary Public for afff � +' O My Commisslon Expires Residing In Meridian, Idaho y oamm esion expires: 12320V 2 F WN�4`q �3 STATE O o` Station Id :KTYA ADA,ID Page t of 1 Printed on 6/30/2014 3:16:17 PM Document: DED WAR 114.16100 ADA COUNTY RECORDER Christopher D; Rich AMOUNT 10.00 1' BOISE IDAHO 03104/2014 04 -,OD PM DEPUTY Che Fowler ACCOR. RSTO 1111111 IN 11111111111111111 IN 11111III111111111HEIIIIIII T1tIcORC ED RE,tr OF PI I LEONE BOISE Il (LEONEdOiSd 114016100 • ee<s <sceox cc. Order Number. 13231612 Warranty Deed For value received, Assam Enterprises, L.L.C. , an Idaho limited liability company. the grantor, does hereby grant, bargain, sell, and convey unto Clay, LLC , an Oregon limited liability company whose current address Is 17010 SW Wier Rd, Beovenon, OR 97007 the grantee, the follawing describedpromises, in Ada County; Idaho, to A Lot 2 in Block I of Wyndstone Place Subdivision, according to the official plat thereof, filed In Book 96 of Plats at Page(s)12047 and 1204B, official records of Ada County, Idaho. To have and to hold the said premises, with theirappudenances unto the sold Grantee, Its helm and assigns forever. And the said Grantor does hereby covenant to and with the said Great", that Grantor is the owner in fee simple of said promises; that they are free from all encumbrances except those to which this conveyance Is expressly made. subject and those made, suffered or done by the Grantee; and subject to all existing. patent reservations, easements, rightist of way,protective covenants, zoning ordinances, add applicable building codes, laws and regulations, general taxes and assessments, Including haBdon and utility assessments (If any) for the current year, which are not due and payable, and that Grantor will warned and defend the same from all lawful claims whatsoever. Whenever the contex�so_requires, the singular number includes the planet, By: Gary State of Idaho, County of Ada, as. On this lZday of February, 2014, before me, the undersigned, a Notary Pubic in and for said Stale, personally appeared Gary AsSoll,known or Identified to tau to be a Member of it limited Ilabitty company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of sold limited liability company and that such limited Ilabillly company executed It, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year in this cenigeate Vast above written. r pr.... Notary Public for afff � +' O My Commisslon Expires Residing In Meridian, Idaho y oamm esion expires: 12320V 2 F WN�4`q �3 STATE O o` Station Id :KTYA ADA,ID Page t of 1 Printed on 6/30/2014 3:16:17 PM Document: DED WAR 114.16100 OPERATING AGREEMENT OF CLAY LLC The undersigned initial member of CLAY LLC (the "LLC"), by execution hereof, hereby adopts this Operating Agreement as the operating agreement for the LLC. 1, Organization. 1.1 The name of the limited liability company is CLAY LLC (the "Company"). 1.2 Articles of Organization were filed with the Oregon Secretary of State on August 13, 1998. Except as otherwise stated herein, the provisions of Chapter 63 of the Oregon Revised Statutes, as amended (the "Act"), will apply to this Agreement. The Company shal I register as a foreign limited liability company in other jurisdictions in which the Company is transacting business in accordance with the laws governing foreign limited liability companies in such other jurisdictions; provided, however, that the Act will govern the organization and internal affairs of the Company, the limited liability of the Members, and the enforceability and interpretation of this Agreement. 1,3 The member has formed the LLC under the Act and intends to form a limited liability company under the Act and no other form of entity. 1.4 All property of the LLC shall be owned by the LLC as an entity and held in its own name and no member shall have any ownership interest in such property, 2, Members, 2.1 The name of the members of the LLC and their number of units of ownership interests are: Total Available Ownership Interests 1,000 Units John Skourtes 900 Units Joe Wilson 100 Units 2.2 The LLC may hereafter admit additional members; therefore, references to members herein shall be in either the singular or the plural, and all grammatical changes shall be made and implied. 2.3 Each member's share of the profits and losses of the LLC attributed to each member, shall be the ration of that member's capital to all members' capital. 2.4 New members may be admitted as members with the written consent of the members holding a majority of the capital of the LLC. 2.5 Each member's liability shall be limited as set forth in this Agreement, the Act and other applicable law. A member will not be personally liable, merely as a member, for any debts or losses of the LLC beyond the member's respective contributions and any obligation of the member under the terms of this Agreement to make additional contributions, except as otherwise provided by law, OPERATING AGREEMENT OF CLAY LLC Pop I of 5 2.6 The LLC shall indemnify the members for all costs, losses, liabilities and damages paid or accrued by the member in connection with the business of the LLC to the fullest extent provided or allowed by law. To the extent any member guarantees any debt of the LLC, the other members shall indemnify the member or members providing such guaranty, so that any loss occasioned by such guaranty is borne by each of the members in proportion to each member's interest in the capital of the LLC, 2.7 Any member may engage independently or with others in other business and investment ventures of every nature and description and shall have no obligation to account to the LLC for such business or investments or for business or investment opportunities. 2.8 An individual capital account shall be maintained for each member, Each member's capital account shall be (a) credited with all capital contributions by such member and the member's distributive share of all income and gain and (b) charged with the amount of all distributions to such member and the member's distributive share of losses and deductions. Capital accounts shall be maintained in accordance with all applicable federal tax accounting principles. No interest shall be paid on a member's capital contributions. 2.9 Upon the request of members holding a majority of capital of the LLC, the LLC may call for additional capital contributions from the members provided such call is made in good faith, is reasonably necessary for carrying out the business of the LLC and provided the call is applied to all members in proportion to their respective ownership interests, Any such call(s), over and above the initial capital contributions, shall not exceed $100,000. 2.10 if any member does not agree or fails to contribute such member's share of the capital called for, the other members shall be offered, pro rata based on their ownership interests, the opportunity to contribute the share of additional capital called for which the member failed to contribute. After all additional capital contributions have been made, each member's ownership interests and interest in the profits or losses of the LLC shall be adjusted to an amount equal to the ratio which each member's capital bears to the total capital of all of the members. 2.11 To the extent the total capital contributed by the members is less than the total amount of the capital call, members meeting their capital call may, on a pro rata basis, but shall not be obligated to, loan to the LLC an amount equal to the capital call shortfall. Such loan shall bear interest at the rate of two percent (2%) per month and shall be payable, in full, from available cash of the LLC before any further distributions are made to the other members. 3. Meetings of the Members. 3.1 A meeting of the members shall be held if members holding at least twenty-five percent (25%) of the capital of the LLC sign, date and deliver to the other members a written request flor a meeting. 3.2 Meeting of the members shall be held at 17010 SW Weir Road, Beaverton, Oregon, or any other place within the state of Oregon designated by the member or members calling the meeting. Meetings may also be held by telephone conference. At any meeting, any member not physically present may attend, vote and participate by telephone. OPERATING AGREEMENT OF CLAY LLC Page.2 of 3.3 The member or members calling the meeting shall provide written notice of any meeting of the members to each member not more than sixty (60) nor less than ten (10) days before the meeting date. The notice must include a description of the purpose for which the meeting is called. 3.4 Any action of the members which can be taken at a meeting of the members may be taken without meeting if the proportion of members which would have been required to approve such action at a meeting consent, in writing, to such action. 3.5 Except where a higher percentage is expressly required by the terms of this Agreement, any decision of the member shall require the affirmative vole of members holding a majority of the capital of the LLC. 4. Management. 4.1 Subject to the limitations set forth below, the LLC shall be managed by its members. John Skourtes shall, as supervising member, handle the day to day ministerial actions of the LLC. John Skourtes may be replaced as supervising member at any time by a vote of members holding, in the aggregate, sixty percent (60%) of the capital of the LLC. 4.2 No member shall have any authority to bind the LLC in regard to any of the following actions unless the action has been authorize by members holding not less than seventy-five percent (75%) of the capital of the LLC: a. A transaction involving an actual or potential conflict of interest between a member and the LLC; or b. A change in the nature of the business of the LLC; or c. An amendment to the Articles of Organization or this Operating Agreement other than an amendment affecting the interest of any member in the profits or losses of the LLC or in distributions from the LLC which require the unanimous consent of all members. d. An election pursuant to Section 7 of this Agreement with regard to a withdrawn member. 5. Accounting and Records. 5.1 The LLC's books and records and a register of the names and addresses of the members shall be maintained by John Skourtes. John Skourtes shall serve as tax matters member until another member is designated to perform these duties by members holing a majority of the capital of the LLC. Each member shall have access to the books, records and register at all reasonable times. 5.2 The tax matters member shall cause all required tax returns for the LLC to be prepared and timely filed. Within ninety (90) days after the end of each calendar year, each member shall be furnished a statement suitable for use in the preparation of the member's income tax returns, showing the amounts of any distributions, contributions, gains, and losses, profits or credits allocated to the member during the preceding year. OPE.RKI'ING AGREEMENT Or CLAY LLC Page ors 6, Distributions. The LLC shall distribute the excess cash of the LLC to the members in accordance with their percentage interests in the profits and losses in the LLC not less frequently than monthly. Excess cash for purposes of determining the amount to be distributed shall mean all payments received by the LLC minus expenses of the LLC and such reasonable reserves for future liabilities as may be established by the supervising member, Transfers and Withdrawals. 7.1 No member may voluntarily withdraw from the LLC or transfer all or any portion of such member's interest in the LLC. In the event any member or assignee there from pledges or otherwise encumbers any of such member's interests in the LLC as security such pledge or transfer shall not constitute a transfer of the member's interest but shall only transfer the member's right to receive distributions from the LLC, if any. 72 The death or bankruptcy of an individual member or the dissolution or bankruptcy of a member which is an entity, shall constitute the involuntary withdrawal of the member from the LLC. Upon such withdrawal shall dissolve unless members holding, in the aggregate, seventy- five percent (75%) of the capital of the LLC, excluding the interest of the withdrawing member, elect to continue the LLC, If the members elect to continue the LLC, the LLC shall either (a) purchase the interest of the withdrawing member for an amount equal to the withdrawing member's percentage of the fair market value of the LLC taken as a whole, or (b) accept the successor in interest of the withdrawing member as a new member, in which case the successor shall automatically become a member subject to all of the terms and conditions of this Agreement. The LLC shall, within thirty (30) days after the date of the event causing the withdrawal notify the representative of the withdrawing member of its elections. Failure to give such notice shall constitute an election to dissolve the LLC. 73 If the LLC elects to purchase the interest of the withdrawing member pursuant to the provisions of Section 7.2 of this Agreement, its notice shall include its determination of the value of the LLC taken as a whole. This amount shall be used to determine the purchase price for the interest of the withdrawing member unless, within ten (10) days thereafter, the representative of the withdrawing member notifies the LLC that it does not agree with this valuation. Such notice must state the value determined by the representative of the withdrawing member. The LLC shall, in turn, notify the representative within ten (10) days after such notice, whether it is willing to accept the representative's valuation, in which event the representative's determination of value, the value shall be fixed by binding arbitration, to be conducted in Portland, Oregon pursuant to rules applicable to Superior Court annexed arbitration, except that the decision of the arbitrator shall be final and not subject to appeal. The purchase price shall be payable, in cash, within thirty (30) days after determination of the purchase price. In the event of arbitration, the party whose determination of value was furthest from the determination set by the arbitrator shall pay all of the costs of such arbitration including the reasonable attorney fees and expert witness fees of the other party. OPERATING AGREEMENT OF CLAY LLC Page 4 of 5 7.4 Notwithstanding Section 7.1, the voluntary withdrawal of any member shall be effective six (6) months after written notice thereof is given to the other members and shall constitute a breach of this Agreement for which the LLC and the other members shall have the remedies provided by the Act, S. Dissolution. 8.1 The LLC shall dissolve upon the earliest to occur of (a) approval of dissolution by members holding a majority of the ownership interests in the LLC, or (b) the death or bankruptcy of an individual member or the dissolution or bankruptcy of a member which is an entity, unless the members elect, pursuant to Section 7.2 of this Agreement, to continue the LLC. 8.2 Upon the dissolution of the LLC the members shall wind up the affairs of the LLC in accordance with the provisions of the Act. 9. Amendments. The members may amend the provisions of this Agreement by unanimous written agreement of the members. 10. Dispute Resolution. Any dispute among the members or between the members and the LLC shall be resolved by binding arbitration to be conducted in Portland, Oregon pursuant to the rules applicable to Superior Court annexed arbitration except the rules relating to appeal. A party substantially prevailing in the arbitration shall be entitled to recover from the other party or parties its costs and reasonable attorney fees incurred in connection with the arbitration as determined by the arbitrator, Judgment upon the arbitration award may be entered in any court having jurisdiction. it. Benefits of this Agreement. The provisions of this Agreement are intended solely for the benefit of members and shall create no rights or obligations enforceable by any third party, including creditors of the LLC, except as otherwise provided by applicable law. 12. Notice. Any notice required under this Agreement shall be in writing and shall be effective on the earliest to occur of (a) actual delivery, (b) two (2) days after it is placed in the U.S. Mail, postage prepaid, with return receipt requested, addressed to the last known address of the party to whom it is addressed, or to such other address as the party may have provided to the LLC by notice, or (c) when received on a facsimile machine operating at the principal place of business of such party or the place designated by such party by notice to the LLC. This Agreement adopted as of August 13, 1995. Johns i ti tQ Manager OPERATING AGREEMENT OI; CLAY, LLC Paso 5 of 5 PARTIAL EASEMENT VACATION Intermountain Gas Company relinquishes any and all of their rights to the following described easement. Wynstone Place Subdivision Lot 1 and Lot 2, Block I GASCOMPANY Lo Name: ;\ Title )IS STATE OF IDAHO COUNTY OF ADA On this `A day of �`._ z , in the year of 2014, before me, the undersigned; personally appeared :3 �< Q 4t' \� a5 , known to me to be the person whose name is subscribed to the within iristrument, who, being by me first duly sworn, did depose and say that he is !�:,'t. On,.Ii1 wa-q-%.� of Intermountain Gas Company and the he executed the foregoing instrument on behalf of said firm for the use and purposes stated therein. IN WITNESS WHEREOF, I have se my hand and affixed my official seal the day and year in this certificate first above written. 'p1ta,eeee+sa,ee Notary Public for Idaho Residing at: Z .moo 2•' `. 3 Commission Expires: =2 0[ rr t eyereanv ueaNp PARTIAL EASEMANT VACATION The public entity signatory hereto relinquishes any and all of their rights to the following described easement: The 10 foot wide public utility, irrigation and lot drainage easements located on Lots 1&2 , Block 1 of Wyndstone Place Subdivision ,Recorded in Book 96 of Plats at Page 12047-12048 , Ada County Records. Cable One Inc. Entity lM�/'0 LS+hvu��A l N�tne— -�vc�tCe(� le�c[,t�ltrtrM_ Title STATE OF IDAHO COUNTY OF ADA On this /J day of �- ,U, . 201Y before me, tt e-ui dersigned, a Notary Public in and for th said State, personally appe/arefl e 1Zz, known to me to be a duly authorized representative of C i'-+.-, > f. -x.. whose name is subscribed to the foregoing instrument, and acknowledge to me that lie executed the same on behalf to said organization. IN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal, the day and year in this first above written. k- e;1 ) j Ric/i""# Notary public for Idaho eoaooaca000®a0 4-000 r yyTdRy,� = CJ� nvnission expires: .n John Skourtes, Mgr Clay, LLC 17010 SW Weir Rd Beaverton, OR 97007 r 1503 FIRST STREET SOUTH FAX #208-463-0092 NAMPA, IDAHO 83651-4395 nmid.org OFFICE: Nampa 208-466-7861 SHOP: Nampa 208-466-0663 RF.- Utility b'aslmeut Release for Building Addition Willamette Dental Site, Lots 1 & 2 of Wyndstone Place Subdivision Dear Mr. Skourtes: I am in receipt of your letter dated May 27, 2014 requesting a vacation of utility easements between Lots I & 2 for construction of a building. Nampa & Meridian Irrigation District (NM1D) does not have any facilities within this area. NIbI1D cannot vacate an easement we do not have; therefore the District has no comment on your request. Sincerely, -1 Andy Madsen Asst. Water Superintendent Nampa & Meridian Irrigation District AA!"dbg b PC: G. Curtis, Water Superintendent Office/file APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS -23,000 BOISE PROJECT RIGHTS - 40,000 Partial Easement Vacation Century Link relinquishes any and all of their rights to the following described easement: The 10 foot wide public utility, irrigation and lot drainage easements located on Lots 1 and 2, Block 1 of Wyndstone Place Subdivision, Recorded in Book 96 of Plats at Pages 12047-12048, Ada County Records. CENTURY LINK UA"lt Name lWj (t1 Signature 0'\�f Title J STATE OF OREGON On this _O�day of dr_L61,— , 2014, before me, the undersigned, a Notary Public in and for the said State, personally appeared S_„ E _x_11.1 n�}g_ I , know to me to be a duly authorized representative of e E,una. j_Z_, whose name is subscribed to the foregoing instrument, and acknowledge to me that he she executed the same on behalf of said organization. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this first above written. Notary Public for Oreg My Commission expires: 1,2011z.1.2,01 Residing in: M ULT /J uM A4 COO N Y til OFFICIAL STAMP St15.VN FERGUSON.. PIOIA"'r ?U6UG-OREGON ` ;:0" ;BSSION N0. 923248 MYCOMMIS'_�OFi E"' IRES 0FM0KR'18, 2017 June 27, 2014 Courtney Hornsby Lands and Right of Way Department Idaho Power 1221 W. Idaho St. Boise, ID 83702 Re: Utility Easement Release for Building Addition Willamette Dental Site, Lots 1 and 2 of Wyndstone Place Subdivision Via UPS Overnight Mail Dear Ms. Hornsby: This letter is in follow up to my conversation with you and Angie on June 27, 2014. Thank for you taking the time to speak with me. Clay, LLC is requesting a vacation of the utility easements between Lots 1 and 2 for the construction of a building. Clay, LLC owns both Lots and the Wyndstone Place Association Board approved the consolidation of the Lots and the proposed building for the site. The proposed building will cross the lot line between Lots 1 and 2, but will not otherwise encroach upon property lines or easements. In the original plat of this subdivision there is a 10' utility casement on each side of the divided lot line; however, utilities are all on the perimeter of the lots. In connection with this request, enclosed please find the following for review: • Idaho Power Application for Release of Easement • A check made payable to Idaho Power in the amount of $150.00 in satisfaction of the Application Fee • Wyndstone Place Subdivision Plat • Wyndstone Place Subdivision Lot 1 and 2, Block 1 Parcel Consolidation drawing prepared by a licensed surveyor • Wyndstone Place Subdivision Lot I and 2, Block 1 Parcel Consolidation legal description prepared by a licensed surveyor • City of Meridian Certificate of Zoning Compliance Report dated May 22, 2014 • Nampa & Meridian Irrigation District response to vacation of utility easements request • Partial Easement Vacation by Cable One Inc. • Partial Easement Vacation by Intermountain Gas Company Please do not hesitate to contact me if you have any questions; my contact information is as follows: Mailing Address: 6950 NE Campus Way, Hillsboro, Oregon 97124 Phone: 503.952.2586 Fax: 503.952.2686 Sincerely, y Stephanie Ellis Paralegal On Behalf of John Skourtes, Manager Clay, LLC Enclosures Idaho Power Application for Release of Easement Applicant may be requested to pay other costs if required to complete this request (e.g., surveying, appraisal, title search, etc.) Corporate Real Estate Department Attn: Rachael Butterworth P.O. Box 70 Boise, ID 83707-0070 Phone: (208) 388-2699 Applicant Information POVM. M EACORP CpmpaOV Applicant's Name r i Q, I I LLC, Quarter SF—,1 Date 0 /L-7114 Mailing Address 01 150 r ci m c W 0. "l 1�LG t c� J y City tri llsbort� State 0� Zip 9112--1 /w� Phone 503.°152.2586 1 Cell not ovaa.labit Parcel Number/ Assessors Number P.9021110020 sell+s(5waaant trial. Cont Type: ❑ Idaho Power Easement Public Utility Easement ❑ Road Right of Way Easement Information r least Glee u,y "' t'e't„t Plot. Instrument# Date Recorded Execution Dale Location Information County1 ^ Quarter SF—,1 or� Towns Range I East' Section 1 I Subdivision de Place W ndsl�n Block LOIS 1 � Z Parcel Number/ Assessors Number P.9021110020 ❑Y•I.1A111 DIMC-AIr1011n GLA L., 11 exptdm requex. (rj more sPuce a neeutu, Preu�e use We uucxmue u/ tna /urm./ Clay 1 LLC i S reumtin3 k. meati on of the uti lily eastrntats bekween Lots I unci 2 for the Construction of a bui[013. Clays LLC owns both Lots and the wgndsttxte Place fisuao- on Board gprwedihe consoudw tan & the Lots and+he propastd buildm3 fpr thtsitt.-rhe propostcL buitdin9 Vitt CMSSthetot line bettuan I._ots I and 2l but will not otherwise encroach upon pf0perty fiats octasemtnts, itA-the on cginoa plat of thissubtllyislon thele is 0-10 1 \)b uty easement OR each side o -E tht dtlri cttd lot line', however, U -h LMm etre Citi_ on the perimder of theLcttz,. Required Enclosures (see explanations on cover letter) Complete Application Copy of easement, subdivision plat, or city town site Map of Location 150 Application Fee Legal Description IK4 Applico s Signal re For IPC Use Only Release Number Application Received Check Number Dale Completed CRE 013 (7/13) IPC rZ V N TA s o �pW Qs �~ C F � rn aH 1 Z boZSh� r _ N TA s o �pW Qs �~ C F � rn aH 1 Z boZSh� wog€ LU41 a Dazs o oo°`a rii X17 10 �� + (a oi O OS$. �o Ste„St °� ooN '7 _ ' zg� w ° ~ c z�z 2m00iY l7 aFI lz QwQ =ZLL �r . o, On oj8a ; z O O „oioeff]<' - j}kto V aDFQ ¢O 3g Fti dJa Fx• QLLO °w5]zoO 0'z�yT r t.**..;�w- agg•g� LLO¢ u < uwGi z 5 "�ao5 jl u� V aw<mo > up Uogo o w z�psu i�ig w Fa:m a� ya w<< ° p° Dw z,o _ �2a &° 9 /=m> H3W, <�OF cofFir - z. 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'T O o. <3�o $9 ury €z a S a<$ o o ° aD °zw oz c n w x° w iso- zz�w m 3° Y a _o«.marcs 3 tizw < Orc pp i n G ° °_ 3 3 3e- N�� mut ° O O a Swv S3y �� LL i. r9u�W aF< 3 '� L 6Q� � "; ? ez moz z i3 g i"3r Oii§° i'�= FYI M �^ gg<pppP si i<'�:�w8 Z a ivc >�tf ° £-- ]o QT ] 1 `u O S M. k S T� g .moE n na 1=.Op mwwz u. °<2 "�°li-73pzC gwp ��Nrc ,"q `y ° grc 3zG �m°zv �ri : G „ 8 � a z zp _ m w o o_ dG'�- f z � z "�zwz w] zz z wz �i ° S °f < w U Yoa.�- a�aad u a$ z R 6 a 3.{zilzi ro �E rz- rz-� T�3g Q«x `d OiN, z a �c E Imo:: May 20, 2014 Mr. John Skourtea Clay LLC 17010 SW. Weir Road Beaverton, OR 97007 Mayos' Tammy ile Weefd City Council Members: Keith Bird Joe Bot ton Luke Cavener Genesis Milam Charlie Rountree David 7aremba RE: Willamette Dental Site, Lots 1 and 2 of Wyndstone Place Subdivision Dear Mit Skourtes: This letter is in response to your request to forego vacating the 10 -foot wide public utilities, drainage and irrigation (PURI) easement platted on the interior lot lines of Lots I and 2, Block 1 of Wyndstone Place Subdivision. In your letter, dated May 16, 2014, yon state the easements were negated with the proposal to construct a single building on the two (2) parcels and requiring the vacation of the easement will delay the construction of the office building. Based on my review of the recorded plat, the correspondences you have had with Mr. Parsons, Idaho State Code, and the City's ordinance, I conclude the following: I . The easement in question is a platted public utilities, drainage and irrigation (PUD.I) easement and must be vacated through a public hearing process in accord with Meridian Code (UDC Table 11-5A-2.) Per Idaho Statute 50-1306A, all requests to vacate easements granted for gas, sewer, water, telephone, cable television, power and drainage, must be approved in writing by the utility providers. 'This requirement was communicated to you via email on April 23. andM May 1.12014 al, o_ n with the applicable checklist, application and uocessing fee, I am attac:hinb this inf2it7nation to this letter. j� t 2. The dimensional swndat•ds of the T 0 zoning district (UDC `fable 11 -213-3) require (jlO foot wide interior side setback. Because the proposed office building spans across a platted lot line this requires compliance with the 10 -foot wide side setback; you must consolidate the lots into a single parcel through a propcily boundary adj ustment. This requirement was communicated to you via email on t\ al a_il 2-3 and Ivloy 13, 2.`01A dloiig, with the ai Iyblc Ir �I ist, apli=rtion and�irocc 4siog tee Tltc attached legal ( ascription -and quit claim deed you submitted does not comply with the City's property boundary adjostrnent standards set forth in UDC 11-68-8, because it has .not been processed by the City of Meridian. I am attaching the property boundary adjustment application and checklist to this letter. Community Development Department • Planning Division • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiat)cjty.org 3. The City's .Building Official has reviewed your request and cannot approve a building permit to span the platted easeit7eii(, lIe is wjlllnp to!teviow_tire guild ngq plans w4ilc -PnC Ylamnng Division can approve the certificate of zoning compliance and administrative design review application with a condition that you complete the property boundary adjustment and vacation prior to the issuance of a building permit, We do not want to delay this project, .but we are unable to process permits for building on this site until complete vacation and property boundary adjustment applications are received and approved by the City. If you have any questions or concerns regarding this matter.; please feel free to trill Bill Pprso ra ak 8841-5533; �18� 1 S7 t Sincerely, 2° 6 Caleb Hood, AICP �1 Planning Division Manager O N P N O\ w N W 66L EU e1� M W L8L N ul N a ;9 d c yO T N c O 0 N 11 N �O M M N ry O N � � M N M M N ry N N N N N N V` O O N V � N N r 11 Hearing Date: August 26, 2014 File No.: VAC -14-005 Project Name: Wyndstone Place (Lots I & 2, Block 1) Request: Request to vacate the 10 -foot wide public utility, drainage and irrigation (PUDI) easement along the shared lot lines of Lots 1 and 2, Block 1 platted with the Wyndstone Place Subdivision, by Clay, LLC. Location: The site is located north of Interstate 84 and west of S. Wells Street in the SE Y of Section 17, Township 3 North, Range 1 East.