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Enterprise Rent-A-Car CZC 14-085CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: October 9, 2014 TO: Doug Tamura, Fairview Lakes LLC FROM: Sonya Watters, Associate City Planner SUBJECT: Enterprise Rent-A-Car - CZC-14-085 and DES -14-073 OWNER: Fairview Lakes, LLC DESCRIPTION OF APPLICANT'S REQUEST IDIAN�-- IDAHO The applicant, Doug Tamura, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of a 1,900 s.f. car rental office with an associated single vehicle bucket carwash in the C -G zoning district for Enterprise Rent-A-Car. The site is located at 1088 E. Fairview Avenue. Note: A license agreement between the property owner and NMID was submitted for the encroachment of the structure within the Jackson Drain easement along the east boundary of the site. DECISION The applicant's request for Certificate of Zoning Compliance and Design Review is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. General Conditions of Approval 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 2. Extend the sidewalk within the street buffer along E. Fairview Avenue to the east Conditions Document 1 Enterprise Rent-A-Car CZC-14-085 and DES -14-073 property line in accord with the site/landscape plan. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11- 313-14A. 4. The site/landscape plan prepared by Doug Tamura on August 20, 2014, labeled Sheet A1.0, is approved as shown in Exhibit B. 5. The elevations prepared by Doug Tamura on August 20, 2014, labeled Sheet A5.0, are approved as shown in Exhibit C. 6. The approved site/landscape plan and elevations may not be altered without prior written approval of the City of Meridian Planning Division. 7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 8. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 9. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-313-13 and UDC 11-313-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -02-011; CUP -02-014; PP -02-034; CUP -03- 014; FP -03-033; CUP -03-054; CUP -06-032; MCU -08-002). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant shall have an ongoing obligation to maintain all pathways. 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 8. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the Conditions Document 2 Enterprise Rent-A-Car - CZC-14-085 and DES -14-073 standards in UDC 11-3A-3. 9. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-38 and 11-4-3-39. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before October 24, 2014, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-613. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until October 9, 2015. EXHIBITS A. Vicinity Map B. Site/Landscape Plan & Floor Plan (dated: August 20, 2014) C. Elevations Conditions Document 3 Enterprise Rent-A-Car - CZC-14-085 and DES -14-073 A. Vicinity Map B 2111 2112 2132 945 98]� �'� 1010 213] f — 2139 2144 213] 21]2 2135 2f 40 2101 2102 214 2091 2111 m ^T2 212] 2092 2091 1014 2122 B N 100 \ 2095 2119 2118 2115 2120 20fi1 � 2062 � — 1 e 210] 3 2081 0]1 20]2 20]3 2100 2102 2089 2096 7095 100 2051 2052 2070 1011 10Ifi 2061 2092 2098 6 2041 784 802 BIB 204] 904 2045 2050 1012 1054 1090 1124 ^ 1184 ' g 0 � 2011 1 705 723 ]5] 789 801 821 853 885 905 923 95] 989 1011 102] 1055 1147 1185 �t r m m $ Ri $ i V $ a R JO 46 958 978 c $ g 1112 1980 ^ ^ ^ ^ 1961 B 2 ^ � ^ ^ �• IJ89 1426 arena 1968 1975 1970 1960 _..__...__. 1941 19]2 1944 )1903 1925 1926 1950 1910 19]0 1902 1883 19021935 19151875 1901 1920 1884 1871 18801900 1905 1935 1858 IB]3 — IBfi2 18411895 1860 1842 1855 1871 1840 1845 1870 1875 1875 1809 1810 1850 1860 1826 IBID1335 954 1020 1872 1820 1811 1812 1853 1830 1835 1835 910 $ 980 1]8598] 1]92 1833 031 ^ 1714 1404 1805 I ]99 1751 1]58 ^ 1795 1370 1490 em 1761^ 1]62 1432 1560 1745 1746 _ y 1769 950 1721 1727 1685 1686 1185 1445 1445 1540 5]0 16]5 1130 1240 1330 850 900 980 1621 1450 1510 15]0 IOM 1065 1139 1235 1151 1351 813 835 1595 1596 1580 1375 839 1578 1515 1005 1579 ] A51 1557 1556 1524 9414] 849 1522 1535 1544 300 845 1513 1484 a n 1506 1471 149] 0�4'/ J 1401 15p 1471 1472 c $ e v 1468 14]4 a 'w 1493'�l I 1395 N N 5+ye 14]2 1469 1466 1491 \ 991 $ 1093 1451 N 14fi3 7456 145] c 1498 � 1446 c� 1] 1]54 1349 455 m 1340 1]37 1326 1435 1422 997 a 14 14 ^ 143] 1428 1425 1420 1428\ -?� 1332 1314 1585 1401 1433 1310 1311 1409 1302 / idlb 13 1290 1301 710 1404 890 928956 1390 1412 1405 1400 1411 1382 128] 1296 1341 u I]]8 13]9 � 1390 12]6 1278 1599 ]Ol R5 753 - n 1372 13D 13]0 1769 1260 126] 12fi6 1]56 fie] n a $ 1348 m IP2 1361 131] 1308 95] 993 1346 � 1233 n 1242 0 ]41 1314 1353 ^ - 1285 1272 1052 1332 IHS r. ^ N. r 1310 1100 1251 104e 1]12 i]]I ^ 1234 tt9fi, 1319 � Rfi5 $ $ 14]3 o n ^ n G gym' p+ � 1280 1229 1028 ^ c ^ ^ ^ 1210 vs 1284 1305 \ 1300 ^ o ^ 1252 1264 1268 119] 102] 1051 12]8 21 91 1230 ^m' $ ^ 1]30 1382 , ' v ~ `u 1165 11 ]8 1287 \\ 1266 IDJ 1294 1213 i 1226 1225 1240 1730 1222 113] 1146 966 998 1032/ IDI '\ 1265 ,) 1282 1199 + 1210 1209 1200 120] 1141 1219 ° t21B Conditions Document 4 Enterprise Rent-A-Car - CZC-14-085 and DES -14-073 B. Site/Landscape Plan & Floor Plan (dated: August 20, 2014) 4 aNMM PU nNG oEr. Conditions Document 5 Enterprise Rent-A-Car- CZC-14-085 and DES -14-073 � | §§ + 1 + . , � ���R� IEA$ Ell | « � < . ® 1 @ § /,•�.M"]|§ s q PSI �§�1 e I 4 ` ` | 21p■` e , _ q ) + §§ + 1 + � ���R� IEA$ Ell | WADI« -HO 8e |.' ■ • « 1 @ § /,•�.M"]|§ PSI �§�1 §§ §j§Ra �jj P ©�§Ilj�| � ���R� IEA$ Ell | WADI« -HO 8e |.' ■ • « 1 @ § /,•�.M"]|§ PSI �§�1 | §§ � ���R� IEA$ WADI« -HO 8e |.' ■ • « C. Elevations Conditions Document 7 Enterprise Rent-A-Car - CZC-14-085 and DES -14-073 EdCEIV (�E IDIAN - A116 2 01 Planning Division DEVE PMENT REVIEW APPLICATION BY: STAFF USE ONL Project name: AV 1W ,rF � r� File number(s): — 1 ES—I Assigned Planner: Related files: Of all ❑ Accessory Use Administrative Design Review ❑ Alternative Compliance ❑ Annexation and Zoning Certificate of Zoning Compliance Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Modification Director/Commission (circle one) ❑ Development Agreement Modification ❑ Final Plat 0 Final Plat Modification Information U Planned Unit Development ❑ Preliminary Plat ❑ Private Street 0 Property Boundary Adjustment ❑ Rezone ❑ Short Plat ❑ Time Extension: Director/ Commission/Council (circle one) ❑ UDC Text Amendment ❑ Vacation: Director/ Council (circle one) ❑ Variance ❑ Other Applicant name: T-IMI[wlCw L-M--tEr75 L -C- Applicant address: �I`f � i7AAA Mr- P# /� Email: ray /C. City: State: - Applicant's interest inil�1/�I property: Own Fl Rent ❑ Optioned ❑ Other Owner name: LJr1Phone: Owner address: City: Agent/Contact name Firm name: T developer, representative): Email: State: Zip: 4wneraddress: Email: 1#4111 rte. 0 10 Primary contact is: ❑ Applicant ❑ Owner 17 Agent/Contact Subject Property Information Location/street address: fM W %ick Township, range, section: Assessor's parcelnumber(s): /tp56OC90 Total acreage: Zoning district: 6C Community Development m Planning Division m 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancily ore/olannine !-Z5/ !;J1 °6W 4- (Rev. 06112/2014) 65ul Project/subdivision name: General Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential O Office;9 Commercial 11 Employment ❑ Industrial O Other Who will own & maintain the pressurized irrigation systeminthis development? UAMPA 'GiYW Which irrigation district does this property lie within? IVB Wt.OJ071 N Primary irrigation source: NA MFA MKiol& Secondary: Cj tff c /vviglprly Square footage of landscaped areas to be irrigated (irprimary or secondary point of connection is City water): 4 G'GQ Residential 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 (mcl. garage): Minimum property size (s.f): Gross density (Per UDC I I -IA -1): Maximum building height: - Average property size (s.£): Net density (Per UDC l l -IA -1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Number of building lots: Gross floor area proposed: L 7 0,Lt- Hours of operation (days and hours): 2 Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: - lots: Other lots: (if applicable): Building height: Number of compact spaces provided: Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.merldiancitv.org(planning -2- (Rev. 0611212014) City of Meridian Planning Division 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 August 20, 2014 To: Planning Division The proposed project is to construct a 1900 square foot commercial building at 1088 E. Fairview Ave. in Meridian. The tenant is Enterprise Rent a Car. The building will include office space and a single vehicle bucket car wash garage. Fairvie){ Lakes has been previously approved as a commercial development. The proposed project will be locZed in the southeast corner of the lot. consideration. Marla Carsmn, Architect City of Meridian Planning Division 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 July 17, 2014 To: Planning Division The proposed project is to construct a 1900 square foot commercial building 1088 E. Fairview Avenue in Meridian. The tenant is Enterprise Rent a Car. Fairview Lakes is commercial development located on Fairview Ave and North Lakes. A commercial development lies to the West, including Hastings. An office development lies to the north. A car wash is located to the East and a car lot is located to the south. This building is designed to complement the other commercial buildings in the area. The building will be wood frame construction. A mix of stucco colors will make up the exterior materials. The building will have a metal pitched roof with a two sided parapet wall. Windows will be vinyl, with stucco trim. A four foot overhand on the west side of the building will serve as a covered entrance and walkway. Roof lines are designed to keep the roof in scale with the size of the building. A repeated window pattern will add rhythm to the building and complement the surrounding buildings. The front elevation has stucco finish and a glass entry door to add light to the interior and to invite the customer inside. Parking will include 19 stalls including 1 accessible space. Bicycle parking is also provided. A thirty foot landscape buffer exists along Fairview Ave, including a meandering sidewalk, deciduous and conifer trees, aAriety of bushes and flowers and grass. Marla Carsbn. Architect September 3, 2014 Development Services City of Meridian 33 E. Broadway Meridian, Idaho 83642 RE: CZC Enterprise Car Rental Fairview Lakes Meridian, Idaho In regards to the above referenced CZC application, please seethe attached drawing. 1. We have added additional windows on the east building elevation. 2. Cultured stone detailing was added to the office portion of the building to tie it into the existing building elevations in the shopping center. 3. A second color was added to the building elevations. We are proposing a corrugated metal roof, charcoal fascia and a two tone stuccobody of light grey and beige. 4. Our proposed project now has four major color elements, and three major building materials. Please contact me if you need any additional information. Do g T ura Fairview Lakes LLC DOUG TAMURA 1124 Santa Maria Boise, ID 83712 (208) 721-2151 (c) (208) 336-7061, (w) (208) 343-2210 (f) doughtamura@msn.com + ADA COUNTY RECORD J. DAVID NAVAflRO 3 r MISE IDAHO 12AI610 4:30 PM Lar�dJArneriea RECORDED Bonnie 0 OF RECORDED -AE 5T OF Transnation Transnation Ti AMOUNT 91O 2146 k ADA COUNTY RECORDER J. DAVID NAVARRO '� BOISE IDAHO 12/1N2 04,•04 PM DEPUTY Jamle Posen RECORDED -REQUEST OF I 1 Trananden Tula a Eaetow f0v AMOUNT 5.00 102132314 Escrow No, T02-510294/6 WARRANTY DEED FOR VALUE RECEIVED WILLIAM KEN11"L CURTIS and HELEN CURTIS, husband and wife, as to 1/3 interest, MIRIAM ELIZABETH BARR, a single person as to 1/3 interest, and NAR4UERITE JANE SCOTT, a single person as to 1/3 interest GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: Fairview Lakes, "C, an Idaho Limited Liability Company GRANTEES(s), whose current address is: 111 Auto Drive, Suite 102 , noise, ID 839119 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED (Continued) **This Warranty Deed is being re-reeorded so that it could be recorded with the Power of Attorney. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Gramor(s) islare the owner(s) in Re simple of said promises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, sufkbted or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same ftm all lawful claims whatsoever. Date: December a, 2002 William K. Curtis Haien Curtisis M r amm Elisabeth sabiBarr Ut-I1 IRQ'ihstF- or Notary Acknowledgment — see page 2 Margar rite Jajnnee Scott by: William Kendall Curtis, attorney in fact WARRANTY DEED - NOTARY ACKNOWLEDGMENT(S): State of Idaho, County of Ada, ss. On thl%kf—t– day of December in the year of 2002, before me, the undersigned, a Notary Public in and for said State, personally appear d William Kendall Curtis, Helen Curtis and /�/i k; 4 ,y� /i'a. b . "4% r h known or identified to me to be the person(s) whose name( ) islare subscribed to the within instrument, and acknowledged to me that he/shelthey executed the same. Debbie Andrews V �p♦��, '� Residing at: Boise, Idaho * «� My commission expires: 10/14/03 State of Idaho, County of Ada, ss. On this day of December in the year of 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared William Kendall Curtis known or identified to me to be the person(s) whose names(s) is/are subscribed to the within instrument, as the attorney in fact of Margarguerite Jane Scott thereto at principal, and his/her own name as attorney in fact. . """Cos... PCos... ebbie Andrews a(VU `G Residing at: Boise, Idaho s < My commission expires: 10/14/03 100t+r)0) ov EXHIBIT "A° The Southwest quarter of the southeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. EXCEPT that property described in Deed recorded in Book 131 of Deeds At Page 56, records of Ada County, Idaho, AND ALSO EXCEPTING that portion conveyed to the State of Idaho by Warranty Deed recorded July 20, 1955 as Instrument No. 380284, records of Ada County, Idaho. AND ALSO EXCEPTING that portion conveyed to the ADA COUNTY HIGHWAY DISTRICT by Warranty Deed recorded October 31, 2002 as Instrument No. 102127142, records of Ada County, Idaho. AND INCLUDING the following real property; Commencing at the Southeast corner of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and running North 8902810611 West 1153.31 feet (formerly described as North 89037' West 1153,68 feet and As North 89059, West 1152,80 feet) along the southerly boundary of said Section 6 to a point which bears South 89028106" East 167.20 feet from the Southwest corner of the southeast quarter of the Southeast quarter of said Section 6, said point also being on the extended Westerly boundary of Doris Subdivision as shown on the official plat thereof on file in the Office of the Ada County Recorder in Book 16 of Plats at Page 1080; thence continuing North 8992810641 West 423.72 feet along the Southerly boundary of said Section 6 to a point which bears South 89Q28,061, East 1063.99 feet from the Southwest corner of the Southeast quarter of said Section 6; thence continuing North 0923120" East 18.15 feet to a point on the centerline of Fairview Avenue (U. S. Highway No. 30); thence continuing North 002312011 East 50,00 feet to a point on the Northerly right-of-way line of said Fairview Avenue (U. S. Highway No. 30), said point being the REAL POINT OF BEGINNING; thence continuing North 0023120" East 461.30 feet to a point; thence North 8903614011 West 406.56 feet to a point; thence North 002312011 East 777.48 feet to a point on the Northerly boundary of the North half of the Southeast quarter of said Section 6; thence South 896531081 East 8.30 feet along the Northerly boundary of the North half of the Southeast quarter of said Section 6; thence South 0023127" West 770.44 feet to a pointy thence South 09605122" East 403.73 feet to a pointy thence South 001110711 West 463.25 feet to a point; thence South 784451391" West 7.22 feet to the POINT OF BEGINNING. EXCEPT ditch and road rights of way, STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST (name) / (address) c l o�i71Z (city) (state) being first duly swom upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: VbOG to "t `�kP-K �hhtll4 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this `r' day SUBSCRIBED AND SWORN to before me the day ann year first above written. ,0610110%,nn. SH•. J �pTA.R I (Notary Pu lic for Idaho) �'04 Residing at: AU 50 C =. / My Commission Expires: •il"1`Tp ..a \� , � Community Development . Planning Division a 33 E. Broadway Avenue, Ste, 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 vmv.meridiancity.org/plannin 0 N O r N O .5 O Q. Q L LL uj co co O r C J d z d w N d d J d w o Z a q ~ w 0 a d U- O d Y d O O W �W d Q d of E W ivyEe Jo. n. rt It t t N a k c E y M E N NN N Z m N C7 F Q c oro ¢a¢ av rmowmz- i ❑ o a co N d is �I l rl 0 m � C N 'Z o V O m y is � V ttl V mmz W 40 �'O �a a S2 a> E Z roox mQ0 E c a �Ecnp oral s00 o.2F- 5 R Co F- 76 Z aromL o N< �9- � T(n �-6 x rn�F- mo m m a yc @ U N E� N N N L F-�O I � bl r o naoxro t nary roo»rolt ��A— I IC i i �e 1�- It,t4' 1 • pr � I—�tlav 5 � �s a ti On I 1 � g Y]y, tZI q� ' Y arombOT IOtl_IO� `y 80�90ro0S+10{10' aE I I b — -- — NQ4�T'-HI RETAIL A4ENUE aT `y '.�� qq� t4 CIO II ; �I i �V a ifl■ei i � 1� `O 3.. S eg6lAqgaW I I I E9 ££ ' I �� 9 1 I I I ��' N C■ CI[ rmrr A Li 1 lu' eaan Q I NWM'fgT 50610' QF`a I 6 1 I 1 0 q Y [yF5 _____________________J q /; I xaeflbY[ SI191' � ,000 �.� g y p L 1 I I 1 ly.(IT EF5�02) Add ress:1088 E FAIRVIEW AVE, MERIDIAN, ID 83642 Save Reset Cancel Help Parcel Detail District Parcel # * R18196SOG60 Lot 3 Parce f Status Enabled IV Block Primary Yes Subdivision DEVON PARK SUB NO 01 a PIN' ENTERPRISE RE g --AR DOUG, „ _ _T FAIRVIEWA N �` MERIDIAN, IDAHO _e §_g / \ e ;< - � �2 4 . 4 ° ° 4 e § 4 - ; + , a PIN' ENTERPRISE RE g --AR DOUG, „ _ _T FAIRVIEWA N �` MERIDIAN, IDAHO _e §_g / \ !� ;< - � �2 . a PIN' ENTERPRISE RE g --AR DOUG, „ _ _T FAIRVIEWA N �` MERIDIAN, IDAHO _e §_g / ;< - �2 . a PIN' ENTERPRISE RE g --AR DOUG, „ _ _T FAIRVIEWA N �` MERIDIAN, IDAHO _e §_g ppep C0 C 0 N m m —I F C m M R L �l ji aIloilo a9��� € E 6 ig N 1. 1 lig ha 0MU g s�a�a shn IE a aYTA w SIO Z Y a m r Z m §S \ �� m RY'. FbRPOb:�� € 10g a4e�g€€ s 101 NFF......•.. " BP xeeewaee O p s"s a a� ffe3��P a 39 :uflzU 30.. a"6 a AFP F _ eeItcccR2 a La N n M O aco 1 ENTERPRISE NAVENUE REAST _e =oouc rauuan �� MERIDIAN, IDAHO 83642 �7 EB LICENSE AGREEMENT This LICENSE AGREEMENT, is made and entered into this _3 day of�_ 42014, 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 referred to as the "District", and FAIRVIEW LAKES, LLC, an Idaho limited liability company, 1124 Santa Maria Dr., Boise, Idaho 83712, hereinafter referred to as the "Licensee", WITNESSETH: WHEREAS, the District owns the drainage ditch or drain known as the JACKSON DRAIN. (hereinafter sometimes referred to as "ditch or drain"), an integral part of the irrigation and drainage works and system of the District, together with the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the ditch or drain, and to access the ditch or drain forthose purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or drain for the benefit of District landowners; and, WHEREAS, the Licensee is the owner of of real property that is servient to the District's ditch or drain and easement, and is particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the ditch or drain.crosses and intersects the real property described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or drain and/or the District's easement under the terms and conditions of this License Agreement; NOW, THEREFORE, for and in consideration of the premises and ofthe covenants, agreements and conditions hereinafter set forth, the parties agree as follows: A. Acknowledgment of the District's Easement. 1. Licensee acknowledges that the District's easement for the Jackson Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repairthe ditch or drain, and to access the ditch or drain for said purposes, and is a minimum of 75 feet, 35 feet to the left and 40 feet to the right of the centerline of the ditch or drain facing downstream. LICENSE AGREEMENT - I B. Scope of License 1. The Licensee shall have the right to modifythe ditch or drain or encroach upon the District's easement along the ditch or drain in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the ditch or drain and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross, encroach upon or modify the ditch or drain and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or modification ofthe ditch or drain and/orthe District's easement for the purposes and in the manner described herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the ditch or drain except as referred to in this License Agreement without the prior written consent of the District. 4. The Licensee recognizes and acknowledges thatthe license granted this License Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder oftitle to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this License Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. Licensee agrees that theworkperformedandthematerials used inanyconstruction permitted by this License Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this License Agreement means any object or thing installed by the Licensee on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 3. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; LICENSE AGREEMENT - 2 b. an interruption or interference with the flow of irrigation or drainage water in the ditch or drain or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; U. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the ditch or drain; f. any other damage to the District's easement and irrigation or drainage works. 4. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 31, or any other damage to the easement and irrigation or drainage works which may be caused bythe construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The Licensee shall, upon demand of the District, remove any facility or repair anyalteration ofthe District's easement which interferes with the District's operation and maintenance ofthe ditch or drain, or causes or contributes to any ofthe circumstances enumerated inthe preceding paragraph, 3.a. through 31, or any other damage to the easement and or drainage works. The District shall give reasonable notice to the Licensee, and shall allow the Licensee a reasonable period of time to perform such maintenance, repair, and other work except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The District reserves the right to perform any and all workwhich the Licensee fails or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees to pay to. the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this, paragraph shall create or support any claim of any kind by the Licensee or any third party against -the District for failure to exercise the options stated in this paragraph, and the Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or, relating to. the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The Licensee understands and agrees that the ditch or drain is a manmade channel that was constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation or drainage waterto lands within the District. As such, Licensee further acknowledges and agrees thatthe ditch or drain does not constitute a natural or navigable watercourse or stream. 2. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this License Agreement, norto grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 3. Nothing herein contained shall be construed to impair the ditch or drain or the District's easement, and all construction and use of the District's easement by the Licensee and the license herein LICENSE AGREEMENT - 3 provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or drain for the transmission and delivery of irrigation or drainage water. 4. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the ditch or drain. The Licensee further agrees to suspend its use of the said easement areas when the use of the easement areas is required by the Districtfor maintenance or repair under this or any other paragraph of this License Agreement. 5. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this License Agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or drain by the District with its equipment for the maintenance of the ditch or drain shall be promptly removed by the Licensee upon demand of the District. E. Applicable Law and Jurisdiction Unaffected 1. Neither the terms of this License Agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of any rights or performance of any obligations of this License Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its drains, drains, irrigation or drainage works and facilities which did not apply to the District's operations and activities prior to and without execution of this License Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this License Agreement. F. Indemnification 1. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this License Agreement. G. Fees and Costs 1. The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for the District or by the engineers for the District in connection with the negotiation and preparation of this LICENSE AGREEMENT - 4 License Agreement. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this License Agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created. Nothing in this License Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against the District. 2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this License Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this License Agreement must be in writing and signed by all parties to be enforceable. 4. Interpreted. This License Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party, and is not enforceable by any third party. If any provision of this License Agreement is determined by a court Of competentjurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this License Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this License Agreement, and 'are not intended to be aids in interpretation of any provision of this License Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the License Agreement. 5. BindinaEffect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the real property described in Exhibit A, and shall be binding on each of the parties hereto and on al1 parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this License Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District See page 1 for Licensee 525 East Greenhurst Nampa, ID 83686 LICENSE AGREEMENT - 5 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as providedabove. 7. Counterparts. This License Agreement maybe executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duty authorized by resolution of its Board of Directors and the Licensee has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. DISTRICT FAIRVIEWcont ARES, LLC, an Idaho limited liability any, f STATE OF IDAHO ) NJA- ) ss: County of Eanyen ) On this day of 6dr6kIr 4 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Will Patterson and Daren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ``\I1111111ryr��,/ r ............ """ otary Public for I o Residing at Q 1 Idaho I� I �t73O My Commission xpires: /l 'OUeI.\G •...........••• OI I IIIOP``` LICENSE AGREEMENT - STATE OF IDAHO ) A )ss. County of /�i ) On this ` (i day of a 3 12014, before me, the undersigned, a n tary public in and for said state, personally appeared _ known to me to be of FAIRVIEW LAKES, LLC, the entity that ex toted the foregoing instrun ent, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto setmy hand and affixed my official seal, the day andyear in this certificate first above written. n LICENSE AGREEMENT - 7 Notary Public foi Residing at My Commission L ® LandArnerica Transnation Escrow No. Tot -810 FOR VALUE RECEIVED ADA COUNTY RECORD- J- DAVID NAVARRO BOISE IDAH012106/,D , 9; PM DEPIRY Bonni180 0 llIF RECORDED -RE ST'OF NBm Tl AMOUNT ADA COUNTY RECORDER J. DAVID NAVARRO B DOME IDAHO 12/11/02 Ol.'DI PM DEPUTY Jude Parsmt RECORDED-REDIRWOF uu�� Trmmelm111h;Escrow AMOUNT too 102152314 WARRANTY DEED WILLIAM REWDALL CURTIS and BELEM CURTIS, husband and wife, as to 1/3 interest, MIRIAM ELIZABETH BARR, a single person as to 1/3 interest, and MARGUERITE JANE SCOTT, a single person as to 1/3 interest GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: Fairview Lakes, LLC, an Idaho Limited Liability Company GRANTEES(s), whose current address is: 111 Auto Drive, Suite 102 Boise, ID 83709 the following described real property in Ada County, State of Idaho, more particularly described.as follows, to wit: SET: EXHIBIT "A" ATTACHED (Continued) **This Warranty Deed is being re-recorded so that it could be recorded with the Power of Attorney. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantors) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) istare the ownar(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or dono by the Gramee(s); and subject to reservations, restrictions, dedications, easements, It rights of way and agreements, (if any) of .2nd general taxes and assessments, (including irrigation and utility assessments, ifany) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Date: December 6, 2002 lix- William E. Curtis Miriam Elizabeth Barr Notary Acknowledgment - see page 2 3 Helen Curti& 7,L- Margar Z to Jane Scott by: William Rendall Curtis, In fact Exhibit A, page 1 WARRANTY DEED - NOTARY ACKNOWLEDGMENT(S): r State of Idaho, County of Ada, ss. On thi t day of December in the year of 2002, before me, the undersigned, a Notary Public In and for said State ersohally appear d William Kendall C itis, Helen Curtis and y,•'q bk. -r N known or identified to me to be the person(s) whose name($) islare subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. I Debbie Andrews 1`140144 Residing at: Boise, Idaho * wo )*' My commission expires. 10114/03 t �, Stale of Idaho, County of Ada, ss. Onthisday of December in the year of 2002, before me, the undersigned, a Notary Public In and for said State, personally appeared William Kendall Curtis known or identified to me to be the person. (s) whose names(s) is/are subscribed to the within instrument, as the attorney in fact of Margarguerite Jane Scott thereto ai principal, and his/her own name as attorney in fact. Residing at: Boise, Idaho wsa An �, My commission expires: 10114/03 O Exhibit A, page 2 N EXH;BIT 0A C/ The Southwest quarter of the Southeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. EXCEPT that property described in Deed recorded in Book 131 of Deeds at Page 56, records of Ada County, Idaho. AND ALSO EXCEPTING that portion conveyed to the State of Idaho by Warranty Deed recorded July 20, 1955 as Instrument No. 380284, records of Ada County, Idaho. AND ALSO EXCEPTING that portion conveyed to the ADA COUNTY HIGHWAY DISTRICT by Warranty Deed recorded October 31, 2002 as Instrument No. 102127142, records of Ada County, Idaho. AND INCLUDING the following real property: Commencing at the Southeast corner of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and running North 89028'06" West 1153.31 feet (formerly described as North 89037' West 1153.68 feet and as North 89059' West 1152.80 feet) along the Southerly boundary of said Section 6 to a point which bears South 89028'06" East 167.20 feet from the Southwest corner of the Southeast quarter of the Southeast quarter of said Section 6, said point also being on the extended Westerly boundary of Doris Subdivision as shown on the official plat thereof on file in the Office of the Ada County Recorder in Book 16 of Plats at Page 1080, thence continuing North 89029'06" West 423.72 feet along the Southerly boundary of said Section 6 to a point which bears South 89°28'06" East 1063.99 feet from the Southwest corner of the Southeast quarter of said Section 6; thence continuing North 0023120" Bast 18.15 feet to a point on the centerline of Fairview Avenue (U. -S. Highway No. 30); thence continuing North 0023'20" Bast 50.00 feet to a point on the Northerly right-of-way line of said Fairview Avenue (U. S. Highway No. 30), said point being the REAL POINT OF BEGINNING; thence continuing North 0023'20" East 461.30 feet to a point; thence North 89036140" West 406.56 feet to a point; thence North 0023120" East 777.48 feet to a point on the Northerly boundary of the North half of the Southeast quarter of said Section 6; thence South 89053'00" East 9.30 feet along the Northerly boundary of the North half of'the Southeast quarter of said Section 6; thence South 0023127" West 770.44 feet to a point; thence - South 89005'22" East 403.73 feet to a point; thence South 0011107" West 463.25 feet to a point; thence South 78045'390 West 7.22 feet to the POINT OF BEGINNING. EXCEPT ditch and road rights of way. Etnibit A, page 3 EXHIBIT B Location of Property/Drain See Exhibit D-1 attached hereto. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct and install an Enterprise Rent-A-Car building not more than 10 feet within the District's easement for the Jackson Drain; 2. construct and install an asphalt parking lot and concrete curb within the District's easement for the Jackson Drain; 3. construct and install grass landscaping and sprinklers (specifically excluding trees) within the District's easement for the Jackson Drain; 4. construct and install a pressure irrigation service line parallel to the Jackson Drain and within the District's easement; and 5, construct and install a driveway connecting to the Dirty Harry's Carwash just north of Enterprise Rent -A -Car's northern property line within the District's easement for the Jackson Drain, all within Licensee's real property described in Exhibit A, 1088,1022 E. Fairview Avenue (Enterprise Rent- A-Car and Polaris Preschool), located northwest of the intersection of Fairview Avenue and Jerico Way in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Jackson Drain or the District's easement. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance the plans attached hereto as Exhibit D -I and by this reference incorporated herein. b. Licensee shall notify the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. Licensee acknowledges and agrees that the District will need to continue to have access through Licensee's property to access, operate and maintain the Jackson Drain. Licensee further acknowledges and agrees that should the encroachments or improvements authorized herein need to be removed in order for the District to access, operate, maintain or repair the Evans Drain, it shall be Licensee's obligation and cost of removing or replacing the encroachments or improvements. Licensee further agrees that the District shall not be liable for any damages which shall occur to the encroachments or improvements in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Jackson Drain. d. Construction shall be completed within one year of the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - 8 i 1 0 [. o Y Y �0 0 i'- Y z `s. w LL 0 Y �Z 1- -CC w W C Y Y f L abed �—Q '3?g3TLx,j'` M! ai I g@jig i W}t= i e �p5 $ W a @i 3gi - & ® Sd4 5 g SdR xb V 0 S� `ass 4 a abg Cu J9 16, Ro Olt It t a le ;ma 01 8 9 a1E a a3 a$8e � S 3 � S € 0 3r, 411 spa s€ u C � X11 gpR H86 3g 1,191i o fi. ��d3 AR Hat s � 9� Jan a g gygy �y' rypyk8 n _ a Ig 9� R i 5 A 8$ b Sul ba Y al $� RA NS Mal a a dEB1i Io � 5`mea�ntl& a a 5 Pjg gg aAa ® ��AF£j;5 B E E 5S: to i at@a Ma it A, lift dJtlW s 9 a I -------- --------i------ -i- ------!-------- 1I I I ��� k � �5� g3 �� b� a}� B u �� b"Sa ----- Als Z woo �i7Z�—� AVMi1N0 Q�IY,6 ONISIX3 I E-J'Abit D-1, page 2 — — — — — — — — — — — — AVMi1N0 Q�IY,6 ONISIX3 I E-J'Abit D-1, page 2 -- F H 1 I 1 AM oil I I 1 Exhibit D-1, page 3 k achibit D-1, page 4 A - ADA COUNTY flECORD J. DAVID NAVARRO BOISE IDAH01210610 4:30 PM LandArneriea DEPUTY Bonnie0 109 RECORDED -RE ST OF Transnation Transna0on TI AMOUNT �t 0 ADA COUNTY RECORDER J. CAVlO NAVARRO­ff- BOISE IDAHO 12118/02 01:01 PM 3 DEPUTY Jalnla Parsons RECORDED—REQUEST OF 9 � Transn l On 9100 d EscrowAMOU1�02�I�5231I������f Escrow No. x02-830274 WARRANTY DEED FOR VALUE RECEIVED WILLIAM KENDALL CURTIS and HELEN CURTIS, husband and wife, as to 1/3 interest, MIRIAM ELIZABETH BARR, a single person as to 1/3 interest, and MARGUERITE JANE SCOTT, a single person as to 1/3 interest GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: Fairview Lakes, LLC' an Idaho Limited Liability Company GRANTEES(s), whose current address is: 111 Auto Drive, suite 102 , Boise, ID 53709 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED (Continued) **This Warranty Deed is being re—recorded so that it could be recorded with the Power of Attorney. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) istare the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Date: December 6, 2002. William K. Curtis Miriam Elizabeth Barr Notary Acknowledgment - see page 2 Helen Curtis Merger rite Jane Scott by: William Rendall Curtis, her,attorney In fact j0(EIRRANTY DEED - NOTARY ACKNOWLEDGMENT(S): State of Idaho, County of Ada, ss. On this day of December in the year of 2002, before me, the undersigned, a Notary Public in and for said Stat jlersonally appear d William Kendall Curtis, Helen Curtis and r 14 m // =� 5-0-e !!tLa v I^ known or identified to me to be the person(s) whose name( ) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. Debbie Andrews_ Residing at: Boise, Idaho My commission expires: 10/14/03 $6OOV� `O O� °pO°°a°eooeon" Stale of Idaho, County of Ada, ss. On this f7 day of December in the year of 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared William Kendall Curtis known or identified to me to be the person(s) whose names(s) is /are subscribed to the within instrument, as the attorney in fact of Margarguerite Jane Scott thereto a principal, and his/her own name as attorney in fact. 1 � .a'-aaco.ece p�7 rig °r, ebbie Andrews 4 •moo ,..••..,rK',p ��.� Residing at: Boise, Idaho �cp0 GARY 00 My commission expires: 10/14/03 �~dip L * Pus �� EXHIBIT "A" The Southwest quarter of the Southeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. EXCEPT that property described in Deed recorded in Book 131 of Deeds at Page 56, records of Ada County, Idaho. AND ALSO EXCEPTING that portion conveyed to the State of Idaho by Warranty Deed recorded July 20, 1955 as Instrument No. 380284, records of Ada County, Idaho. AND ALSO EXCEPTING that portion conveyed to the ADA COUNTY HIGHWAY DISTRICT by Warranty Deed recorded October 31, 2002 as Instrument No. 102127142, records of Ada County, Idaho. AND INCLUDING the following real property; Commencing at the Southeast corner of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and running North 89028106" West 1153.31 feet (formerly described as North 89037' West 1153.68 feet and as North 89059' West 1152.80 feet) along the Southerly boundary of said Section 6 to a point which bears South 89028'06" East 167.20 feet from the Southwest corner of the Southeast quarter of the Southeast quarter of said Section 6, said point also being on the extended Westerly boundary of Doris Subdivision as shown on the official plat thereof on file in the Office of the Ada County Recorder in Book 16 of Plats at Page 1080; thence continuing North 89028106" West 423.72 feet along the Southerly boundary of said Section 6 to a point which bears South 89028106-- East 1063.99 feet from the Southwest corner of the Southeast quarter of said Section 6; thence continuing North 002312011 East 18.15 feet to a point on the centerline of Fairview Avenue (U. S. Highway No. 30); thence continuing North 0023120" East 50.00 feet to a point on the Northerly right-of-way line of said Fairview Avenue (U. S. Highway No. 30), said point being the REAL POINT OF BEGINNING; thence continuing North 0023'20" East 461.30 feet to a point; thence North 89036140" West 406.56 feet to a point; thence North 002312011 East 777.48 feet to a point on the Northerly boundary of the North half of the Southeast quarter of said Section 6; thence South 89°53108" East 8.30 feet along the Northerly boundary of the North half of the Southeast quarter of said Section 6; thence South 0°23127" West 770.44 feet to a point; thence South 89"05122-' East 403.73 feet to a point; thence South 09111071, West 463.25 feet to a point; thence South 78045'39" West 7.22 feet to the POINT OF BEGINNING. EXCEPT ditch and road rights of way.