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CZC 15-002CERTIFICATE OF ZONING COMPLIANCE �E IDIAN -- REPORT DATE: February 12, 2015 TO: Adam Brandenburg, McDonald's USA, LLC FROM: Sonya Watters, Associate City Planner SUBJECT: McDonald's Drive-Thru Remodel CZC-15-002; DES -15-006 OWNER: Jackson's Food Stores, Inc. DESCRIPTION OF APPLICANT'S REQUEST The applicant, Adam Brandenburg, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval for the remodel of the existing drive-thru at McDonald's to add a second ordering point & menu board. The property consists of 1.96 acres of land in the C -G zoning district. The site is located at 3100 E. Magic View Drive. 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. 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. Upon installation of the curbing and 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. 3. The site plan prepared by Freiheit & Ho on February 4, 2014, is approved as shown in Exhibit B. 4. The landscape plan prepared by Beck and Baird Landscape Architecture on January 28, 2015, is approved as shown in Exhibit C. 5. The approved site plan and/or landscape plan may not be altered without prior written approval of the City of Meridian Planning Division. 6. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 7. 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 Conditions Document 1 McDonald's Magic View Dr. Drive-Thru Remodel - CZC-15-002 and DES -15-006 approval prior to issuance of the building permit. 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 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. The subject property adjoins a state highway; access to the state facility is restricted as set forth in UDC 11-311-413. 3. The subject property adjoins a state highway; the only approved access to the state highway is as shown in Exhibit B. 4. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 5. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 6. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 7. 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. 8. The applicant shall have an ongoing obligation to maintain all pathways. 9. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 10. 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 standards in UDC 11-3A-3. it. 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 11-4-3-11, Drive -Through Establishments. 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 February 27, 2015, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. 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. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until February 12, 2016. Conditions Document 2 McDonald's Magic View Dr. Drive-Thru Remodel - CZC-15-002 and DES -15-006 EXHIBITS A. Vicinity Map B. Site Plan (dated: 2/4/15) C. Landscape Plan (dated: January 28, 2015) Conditions Document 3 McDonald's Magic View Dr. Drive-Thm Remodel - CZC-15-002 and DES -15-006 A. Vicinity Map 3 as eoo s Conditions Document 4 McDonald's Magic View Dr. Drive-Thru Remodel - CZC-15-002 and DES -15-006 B. Site Plan (dated: 2/4/14) Conditions Document 5 McDonald's Magic View Dr. Drive- rhru Remodel - CZC-15-002 and DES -15-006 C. Landscape Plan (dated: 1/28/15) 1 1 2 U1 SCHEDULE IF yTNEEvPIAN1ING OEfAIL Ltl'""m,wn.Em.s 0SNE.Au Conditions Document 6 McDonald's Magic View Dr. Drive-Thru Remodel - C%C-15-002 and DES -15-006 "HAN .1 _ _YDV a ONLY am ? FT NF PpWIE0'rt4WKY0U'aunan a syPICPL PAYEI.EMAUflXIN64 -. _ .. ��mw.. �.w`u'u�n 9 �ua.e6��r'a \ �� pvw, oprvE.mPu cENEwd llnlEs_ 9 p e 2 £ mPosroErna T �if vPNu�scxruxEs k. Paxreo vwvE-i1N0'VIIIIILAR0W '. • u , oxoexxExEca�vrrwuxonswxi .. ,,,- wuvEnaOuwnwcx-ox�Ex omresmuaPPaoncx. suauce �.' DT1A Conditions Document 7 McDonald's Magic View Dr. Drive-Thru Remodel - CZC-15-002 and DES -15-006 C�E T�IAN D x t; (> Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: I'�' Project name 1 -r Filcnumber(s): i p'„ I>F..S-LS (�(?I¢ Assignedmr Ph er: f? `�. �L 4A � 'elated Ales: that 4 Administrative Design Review 0 Alternative Compliance 0 Annexation and Zoning 0 Certificate of Zoning Compliance 0 Comprehensive Plan Map Amendment 0 Comprehensive Plan Text Amendment 0 Conditional Use Permit 0 Conditional Use Modification Director/Commission (circle one) 0 Development Agreement Modification 0 Final Plat 0 Final Plat Modification 0 Preliminary Plat 0 Private Street 0 Property Bo4ndarp Adjustment 0 Ruane 0 Short Plat C Time Extension: Director/ Commission/Couneil (circle one) 0 UDC Text Amendment 0 Vacation: Director/ Council (circle one) 0 Variance 0 Other ---- .......- -----....... -..._ Appideant Information Applicant name; t ypg,Lrk„w-jay L2 SA ,Wt Kt I aWprk7'A0W 1awt+¢a LariPhone: [NZO7J12•'W6K Applicant address: -aaXLAL'2TvY A. �>:, , J y(g to's Btrwil: hp aAu il,J uS.rifQtoN City: K.t(&Y.t.hot) State: 1��. zip, Otis Applicant's interest in property: 0 Own 9 Rent 0 Optioned 0 Other Owner Liam., Z-Ac-kSomcS f:: -e -o STORES , .iwc. Phone: Owner address: Wb L, COMMLTRLVA-L "aa -r" Email:reC%AeS+t kV e �C'(Jgo-f' (rie" city: ('V) Ep-x-bsA)J __.._... ,__.—_ State: ZD zip:_ f 36 N 2- Agent/Contact Agent/Contact name (e.g., architect, engineer, developer, representative); _ A, Firmname: 1r1Qe%JJEtT w 40 A,LLN�yStsT i0G,i 4,5. Phone: tN24:l BZ7-Ztsd Owneraddress: 54pq(av_g„ Uht-AIWAVO evvbt ..t2rJV101 ? Email; W"re am corm City: ,-my.-yhOD State: wA zip: Primarycontact is: D Applicant C Owner Z Agent/Contact Subject Property Ldormation Location/street addreaa:,,1j,/ ,(L AAk416 I/fWJ7,:_ „Township, range, sLGec'tion: 3!J f i -i t 1. �` Assessor's parcel numbor(s): � SG� &) 0611 Total acreage: —V zoning district: C,—( , Community Development m Planning Division m 33 B. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208.884-5533 Fax: 208888.6854 www.me�,'e, citv.ora/ojennina •1 • (Rev. 0 611 711 0 1 4) Projeol/subdivisionname: /j46Z&th U'S WYE -jW �it ej/FL General description of proposed projoct/request: 6",1-/ n7Z I�,.f�UDJe 7ft Dir-)/., A SgCG[ID 174n1r--jH" (%�b_.T rFKU-4 -_6nL UE ldEL146 t D 7t' E.YI t -(7t -t Proposed zoningdistrict(s): Acres of each zone proposed: AXI VH (e 'M 9-ey JIJ Type of use proposed (check all that apply): ❑ Residential ❑ Offics f/Commercial O Employment 0Industrial Cl Other_ Who will own & maintain the pressurized irrigation system in this development?. 9Wt MAJO -T0 VZ Which irrigation district does this property lie within? 6�_f-Q� 'i7{ �i�J _ Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if ptinwy or aeoonda y point of connection is Cityureter): -„ Residential Project Summary (if applicable) Number of residential units: __ Nwnberofbuilding lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): I bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl, garage); Maximum building height: Minimum property size (s.f): Average property size (s.f.):. Grossdeneity(PerUDCI]-lA-i): Net density (Per UDC I MA -1): Acreage of qualified open spree: _ Percentage of qualified open space: _ Typo and calculations of qualified open space provided in acres (Per UDC Amenities provided with this development (if applicable): - Type of dwelling(s) proposed: ❑ Single-family Detached O Duplex L7 Multi -family ❑ Vertically integrated Non-rasidentlal Project Summary (if applicable) ❑ Single•family.Attached 0 Townhouse ❑ Other Number of building lots: ___,_„ Common lots: _ Other lots: Gross floor area proposed: __ .Existing (if applicable): _ flours of operation (days and hours): Building height: Total numberof parking spaces provided:---_ Number of compact spaces provided: Autborization Print applicant name: W,q A 5Tft�jg04 , � 2.f.-�.. /(7C }/I ,F�7 (�.1rC. )7-.S• Applicant signature: Date: Community Development a Planning Division a 33 B. Broadway Avonuo, Ste. 102 Mcridian, Idaho 83642 Phone: 248.884.5533 pax: 209-888-6854 wvw.metidi lar do -2- (Rev. 06/lMOM) ;>p 1/9' - Freiheit Ho efts January 15, 2014 CITY OF MERIDIAN, IDAHO 208-489-0578 ATTN: SONYA WATTERS RE: 3100 E MAGIC VIEW DRIVE MCDONALD'S DRIVE-THRU PROJECT NARRATIVE Sonya Watters, The McDonald's located at 3100 East Magic View Drive, Meridian, ID 83642 proposes a remodel of the existing drive-thru facilities. Improvements include adding a second ordering point and menu board, which will reduce wait times and vehicle queuing. The existing menu board, ordering point, and gateway sign will be replaced with newer, contemporary versions to create a cohesive appearance. The concrete drive-thru lane will be replaced and sloped to drain towards the existing catch basins, as shown on the civil drawings. New landscaping will be installed to match existing and as required by the City of Meridian, per the landscape drawings included in the submittal. Existing trees will be protected from damage as noted. Overall this remodel project will improve the flow of traffic throughout the site, as well improve the appearance of the drive-thru facilities at this restaurant. Sincerely, Freiheit & Ho Architects, Inc., P.S. Erica Stanbra Architectural Designer ,,,. 425 8272100 ,•:. 425 828 6899 wwW.FHOARCH.COM 5209Lalae Washington Blvd N.E. 150200 l Riddand I WA 198033 RRP.RRRP.P.RRf.RP.RRRRP.RRfiRfiRRRRRRffifiRRRF.F.RRfiRRRRRRRRRRRRRRRRF.RRRRRRRRrum f.RRRP.F.RRP.RRF.RF.Rf.RRRF.P.'RP.P.F.P,F,RP.RfiRf.RRRRRF.F.RP.Rf.RRF.f.RRRF:RRF`.RRRF. RP.RF.RP.RRRP. FREIHER6 HO ARCHITECI5 INC. AS RRRRF.RRRRRRF.F:F.F:F.RF.fiRRRRRRF:RRRRRRP.RRRRRRRRRRRRRRRRRF:RRfaf:RRRRf'F.RRRRRf.RR �LjCe 330-(v1Lr� 45S AFfEp,C H 41 ti Approved by Grantee For Value Received ADA COUNTY RECORDER J. DAVID NAVARRO 16 BOISE IDAHO 08112/03 04:48 PM DEPUTY Bonnie0lig RECORDED—REQUESTOF III I'IIIIIIIIIIIII�llllllll'lllllllll First American 103135829 AMOUNT 48.O0 WARRANTY DEED EDDY-WARILA, INC., an Idaho Corporation, as to Parcels I, Il, IH & IV; ST PROPERTIES LLC, an Idaho Limited Liability Company, as to Parcels V, VI, VII & IX; ST INVESTMENTS, INC., an Idaho Corporation, as to Parcel VIE; EAGLE PARTNERS, L.L.C., an Idaho limited liability company, as to Parcel X hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto JACKSONS FOOD STORES, INC., a Nevada corporation hereinafter collectively referred to as Grantee, whose current address is 3450 Commercial Court, Meridian, Idaho 83642 the following described premises, to -wit: See legal description attached hereto and made a part hereof. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its successors and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: August 11, 2003. Eddy-Warila,IInc.., an Idaho corporation By: U / n Steven R. Eddy,/President ST Investments, Inc., an Idaho Corporation By: �7 Steven R. Eddy, Ptesident See attached Exhibit- "B" for notary acknowledgments ST Properties LLC, an Idaho Limit Liability co p. By: Steven R. Eddy, r ember Eagle Partners, L.L.C., an Idaho limit liability company by: ST Properties LLC, an Idaho limit liability coiiipariv By: Steven R. Eddy, 7 mber dO R rl EXHIBIT "A" ORDER NO: 246330 PARCEL I: (MERIDIAN CHEVRON) Lot 3 in Block 3 of CENTRAL VALLEY CORPORATION PARK NO. 2, according to the official plat thereof, filed in Book 58 of Plats at Page 5572 through 5574, Official Records of Ada County, Idaho. PARCEL II: (GATEWAY CHEVRON & UNDEVELOPED PROPERTY) A parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 22, Township 3 North, Range 2 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the Northeast corner of the Southeast Quarter of said Section 22; thence South 00°19'20" West 1312.62 feet along the Easterly boundary of the said Northeast Quarter of the Southeast Quarter of Section 22 to a point; thence North 89°35140" West 47.16 feet to a 5/8" iron pin at intersection of the Westerly right-of-way line of Broadway Avenue and the Northerly right-of-way line of West Linden Street, also said point being the REAL POINT OF BEGINNING; thence continuing North 89035'40" West 134.84 feet to a 5/8" iron pin; thence North 00024.20" East 10.00 feet to a 5/8" iron pin; thence North 89°35'40" West 10.00 feet to a 5/8" iron pin; thence South 00°24120" West 10.00 feet to a 5/8" iron pin; thence North 89035'40" West 37.00 feet to a 5/8" iron pin; thence North 00019120" East 411.00 feet parallel to the Easterly boundary of the said Northeast Quarter of the Southeast Quarter, Section 22, to a 5/8" iron pin; thence South 89035'40" East 20.00 feet to a 5/8" iron pin; thence South 00°19'20" West 210.38 feet to a point, said point being the Southwest corner of 14.00 -foot by 125.00 -foot alley; thence South 89°35140" East 14.00 feet along the Southerly boundary of said alley to a point; thence North 00°19120" East 59.36 feet along the Easterly boundary of said alley to a point; thence leaving said Easterly boundary of said alley, South 89035'40" East 148.00 feet to a point on the Westerly right- of-way of Broadway Avenue; thence South 00019120" West 186.89 feet along the Westerly right-of- way of Broadway Avenue to a point marking a point of curve; thence along a curve to the right 73.09 feet, said curve continued EXHIBIT "A" CONTINUED Page 2 having a central angle of 00014'3911, a radius of 17,148.73 feet, tangents of 36.55 feet and a long chord of 73.09 feet bearing South 00°26'40" West marking the point of ending of curve and also said point being the POINT OF BEGINNING. PARCEL III: (WESTPARK CHEVRON) Parcel A: A portion of Lots 7 and 8 in Block 1 of WESTPARK RETAIL SUBDIVISION No. 3, according to the official plat thereof, filed in Book 62 of Plats at Page 6285 and 6286, and shown on Density Reduction Survey as Instrument No. 9352864; AND FURTHER AMENDED by an Affidavit recorded May 9, 1994, as Instrument No. 94042965, Official Records of Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Sections 12 and 13, Township 3 North, Range 1 East, Boise Meridian; thence North 00020'05" East, 2,582.67 feet to the center of Section 12; thence North 89019137" West, 38.00 feet to the Northeast corner of said Lot 7; thence South 00020105" West, 40.00 feet to the REAL POINT OF BEGINNING; thence continuing South 00°20105" West along the Westerly right-of-way of North Milwaukee Street, 194.94 feet to a point; thence departing said Westerly right-of-way 31.53 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angle of 90020'3011, and a long chord bearing South 4503012011 West, 28.37 feet to a point on the North right-of- way of West Emerald Street; thence North 89019125" West, 126.16 feet to a point; thence North 00040135" East, 215.04 feet to a point; thence South 89019'371' East, 145.00 feet to the POINT OF BEGINNING. Parcel B: The beneficial rights accrued to PARCEL A herein described under Reciprocal Easement and Operating Agreement, recorded July 6, 1993, as Instrument No. 9353063; and a First Amendment Reciprocal Easement and Operation Agreement, recorded April 29, 1994, as Instrument No. 94039522, Official Records. continued EXHIBIT A CONTINUED Page 3 PARCEL IV: (APARTMENT PROPERTY) Lot 1 in Block 1 of WINCHESTER MANOR SUBDIVISION, according to the official plat thereof, filed in Book 43 of Plats at Pages 3505 and 3506, Official Records of Ada County, Idaho. PARCEL V: (FRANKLIN CHEVRON) Part of Section 18, Township 3 North, Range 2 East of the Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Northwest corner of said Section 18; thence South 0°07'48" West 96.24 feet, more or less, along the West line of Section 18 to a point on the South right of way line of Franklin Road; thence South 84047' East along the South right of way line of Franklin Road, 33.13 feet to a point on the East right of way line of Cole Road, said point being the REAL POINT OF BEGINNING; thence South 0°07'48" West along the East right of way line of Cole Road 205.00 feet to a point; thence South 89°54'12" East 172.74 feet to a point; thence North 05013' East 187.66 feet to a point on the South right of way line of Franklin Road; thence North 84°47' West 192.00 feet along the South right of way line of Franklin Road to the REAL POINT OF BEGINNING. EXCEPT THEREFROM, a parcel of land for public right of way deeded to Ada County Highway District in Warranty Deed recorded April 22, 1988, as Instrument No. 8819.107, Official Records, described as follows: Commencing at the Northwest corner of Section 18, Township 3 North Range 2 East of the Boise Meridian, Ada County, Idaho; thence South 0°14'42" West (shown of record to be South 0007148" West), a distance of 96.24 feet, more or less, along the West line of said Section 18 to a point on the Southerly right of way of Franklin Road; thence South 84040106" East (shown of record to be South 84047' East), a distance of 33.13 feet to a point; thence continuing South 84040106" East (shown of record to be South 84047' East), a distance of 20.00 feet to a point, said point being the Northwest property corner, also said point being the REAL POINT OF BEGINNING; thence continuing South 84040'06" East (shown of record to be South 84047' East), a distance of 18.00 feet to a point; thence continued EXHIBIT A CONTINUED Page 4 South 5°19'54" West, a distance of 5.00 feet to a point; thence North 84°40'06" West a distance of 11.58 feet to a point; thence South 47°47'18" West a distance of 18.78 feet to a point; thence South 4032'29" West a distance of 160.45 feet to a point; thence North 0014142" East (shown of record to be North 0°07'48" East) along the Easterly right of way of Cole Road, a distance of 160.00 feet to a point on the Easterly right of way of Cole Road; thence North 47047'18" East (shown of record to be North 47036'30" East), a distance of 27.00 feet to the REAL POINT OF BEGINNING. ALSO EXCEPT THEREFROM, a portion of said land for public right of way, deeded to Ada County Highway District in Warranty Deed recorded MARCH 18, 1996, as Instrument No. 96022160, Official Records, and described as follows: Commencing at the Northwest corner of Section 18, Township 3 North, Range 2 East of the Boise Meridian, Ada County, Idaho; thence South 0014124" West along the West line of said Section 18 for a distance of 96.24 feet; thence South 84032'36" East 71.13 feet to a point on the existing South right of way line of Franklin Road, said point being the REAL POINT OF BEGINNING; thence South 5019136" West 4.84 feet to a point; thence North 84040'24" West 11.58 feet to a point; thence South 47047'00" West 4.24 feet to a point; thence South 84032'36" East 167.02 feet to a point; thence North 5027124" East 8.01 feet to the South right of way line of Franklin Road; thence North 84032'36" West along said right of way line, 152.60 feet to the REAL POINT OF BEGINNING. ALSO EXCEPT THEREFROM, a portion of land for public right of way, deeded to Ada County Highway District in Warranty Deed recorded MARCH 18, 1996, as Instrument No. 96022160, Official Records, and described as follows: Commencing at the Northwest corner of Section 18, Township 3 North, Range 2 East of the Boise Meridian, Ada County, Idaho; thence South 0014'24" West along the West line of said Section 18 for a distance of 303.46 feet; thence South 89045'36" East 33.00 feet to a point on the existing East right of way line of Cole Road, said point being the REAL POINT OF BEGINNING; thence North 0014'24" East along said right of way line 24.37 feet to a point; thence continued EXHIBIT A CONTINUED Page 5 North 4°32'11" East along said right of way line, 160.36 feet to a point; thence South 0°14124" West 184.28 feet to a point; thence North 89°45136" West 12.00 feet to the REAL POINT OF BEGINNING. ALSO EXCEPT THEREFROM a triangular parcel of land for public right of way, located in the Northwest Quarter of Section 18, Township 3 North, Range 2 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of Section 18, Township 3 North, Range 2 East, Boise Meridian, Ada County, Idaho; thence South 0000' East, along the Westerly boundary line of the Northwest Quarter of Section 18, a distance of 96.24 feet to a point; thence South 84°47' East, a distance of 33.13 feet to a point, said point being the REAL POINT OF BEGINNING; thence continuing South 84°47' East, a distance of 20.00 feet to a point; thence South 47°36'30" West, a distance of 26.968 feet to a point; thence North 0000' West, a distance of 20.00 feet to the REAL POINT OF BEGINNING. PARCEL VI: (CHINDEN CHEVRON) Lot 34, and the Northwesterly 85 feet of 33 in Block 9 of FAIRVIEW ACRES SUBDIVISION NO. 1, according to the official plat thereof, filed in Book 10 of Plats at Page 532, Official Records of Ada County, Idaho. LESS AND EXCEPTING THEREFROM a parcel of land for public right-of- way being the Northwesterly 3.00 feet of Lot 34, Block 9, FAIRVIEW ACRES SUBDIVISION NO. 1, according to the plat, thereof, filed in Book 10 of Plats at Pages 532, records of Ada County, Idaho, more particularly described as follows: Commencing at the most Northerly corner of said Lot 34, said point being the intersection of the Southerly right-of-way lines of East 38th Street and an unnamed public alley, said point being the POINT OF BEGINNING; thence South 44°16' West along the right-of-way for East 38th Street, a distance of 150.00 feet to a point on the Northerly right-of-way for U.S. State Highway 20 & 20 and also known as Chinden Boulevard; thence continued EXHIBIT A CONTINUED Page 6 South 45044' East along the said right-of-way of Chinden Boulevard a distance of 3.00 feet to a point; thence North 44016' East a distance of 150.00 feet to a point on the Southerly right-of-way of an unnamed public alley; thence North 45044' West along the said right-of-way of the public alley a distance of 3.00 feet to the POINT OF BEGINNING. PARCEL VII: (FAIRVIEW/CURTIS CHEVRON) A portion of the Southeast quarter of Section 6, Township 3 North, Range 2 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of said Section 6; thence North along the East line of said Section 6, 25.00 feet; thence North 89°01'00" West 25.00 feet to the TRUE POINT OF BEGINNING for this description; thence North 150.00 feet; thence North 89°01'00" West 170.53 feet; thence South 150.00 feet; thence South 89°01100" East 170.53 feet to the POINT OF BEGINNING. A parcel of land for public right of way, said parcel being in the Southeast quarter of Section 6, Township 3 North, Range 2 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: To find the place of beginning, commence at a point, said point being the Southeast corner of said Section 6; thence North 0°39'39" East, (formerly North), along the East line of said Section 6, a distance of 25.00 feet to a point; thence North 88022'08" West, a distance of 52.00 feet to a point for the PLACE OF BEGINNING, said point being the intersection of the North right-of-way line of Fairview Avenue, and the West right-of-way of Curtis Road; thence continued EXHIBIT A CONTINUED Page 7 North 88°21'04" West, (formerly North 89°01'00" West), along the North right-of-way line of Fairview Avenue, a distance of 143.53 feet to a point; thence North 0039'39" East, a distance of 7.82 feet to a point; thence South 88024'22" East, a distance of 84.34 feet to a point; thence North 83003'47" East, a distance of 47.20 feet to a point; thence North 41049157" East, a distance of 37.04 feet to a point, said point lying on the West right-of-way line of Curtis Road; thence South 0039139" West, (formerly South), along the West right-of- way line of Curtis Road, a distance of 31.24 feet to a point; thence South 46007'40" West, along the West right-of-way line of Curtis Road, a distance of 16.83 feet to the PLACE OF BEGINNING. PARCEL VIII: (FAIRVIEW/COLE CHEVRON) A parcel of land lying in Lot 1 of Section 7, Township 3 North, Range 2 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the Northwest corner of the said Lot 1 of Section 7; thence South 0012' East 61.80 feet along the Westerly boundary of the said Lot 1 of Section 7, which is also the centerline of North Cole Road, to a point on the Southerly right of way line of Fairview Avenue extended; thence South 88055' East 33.01 feet along said Southerly right of way line of Fairview Avenue to a point on the Easterly right of way line of North Cole Road, also said point being the REAL POINT OF BEGINNING; thence continuing South 88055' East 160.00 feet along the Southerly right of way line of Fairview Avenue to a point; thence South 0012' East 140.00 feet along a line Easterly of and parallel to the said Westerly boundary of Lot 1 of Section 7 to a point; thence North 88055' West 160.00 feet along a line Southerly of and parallel to the said Southerly right of way line of Fairview Avenue to a point on the said Easterly right of way line of North Cole Road; thence North 0012' West 140.00 feet along the said Easterly right of way line of North Cole Road to a POINT OF BEGINNING. continued EXHIBIT A CONTINUED Page 8 PARCEL IX: (MITCHELL/FAIRVIEW CHEVRON) Parcel D of Property Line Adjustment - Reduction in Density, record of Survey No. 4711, recorded August 10, 1999, as Instrument No. 99079951, being a portion of Lot 12 of THE SECOND SUBDIVISION OF THE KEPNER PLACE, according to the plat, thereof, filed in Book 5 of Plats at Pages 241, records of Ada County, Idaho, located in the Southeast Quarter of the Southeast Quarter of the Southwest Quarter of Section 2, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the South 1/4 corner of said Section 2, said corner being located South 89030'47" East, 1333.68 feet from the West 1/16 corner in the South line of said Section 2; thence North 00004'21" West, 61.80 feet along the East line of said Southeast Quarter of the Southeast Quarter of the Southwest Quarter (centerline of N. Mitchell Avenue) to a point; thence North 89°46'25" West, 30.00 feet to a 5/8 inch rebar found at the intersection of the West right of way line of said N. Mitchell Avenue with the North right of way line of W. Fairview Avenue; thence North 00004121" West, 10.00 feet along said west right of way line to the POINT OF BEGINNING; thence North 89046125" West, 201.00 feet along the proposed new right of way line of W. Fairview Avenue to a set 5/8 inch rebar; thence North 00004'21" West, 345.83 feet to a set 5/8 inch rebar; thence South 89046125" East, 201.00 feet to a 5/8 inch rebar set in the west right of way line of said N. Mitchell Avenue; thence South 00004'21" East, 345.83 feet along said West right of way line to the POINT OF BEGINNING. PARCEL X: (MAGIC VIEW CHEVRON) A parcel of land being all of Lot 1 of AMENDED PLAT OF MAGIC VIEW SUBDIVISION, according to the official plat thereof, filed in Book 52 of Plats at Pages 4445 and 4446; AND AMENDED BY an Affidavit recorded as Instrument No. 8429311, AND FURTHER AMENDED BY an Instrument recorded May 28, 1996, as Instrument No. 96044575, Official Records of Ada County, Idaho. continued EXHIBIT A CONTINUED Page 9 EXCEPTING THEREFROM: A parcel of land being on the Westerly side of the centerline of EAGLE ROAD Project No. F -FR -3271 (44) Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department Division of Highways, and being a portion of Lot 1 of AMENDED MAGIC VIEW SUBDIVISION, according to the official plat thereof, filed in Book 52 of Plats at Pages 4445 and 4446, Official Records of Ada County, Idaho, described as follows, to -wit: Beginning at the Northeast corner of Lot 1 of said AMENDED MAGIC VIEW SUBDIVISION, Ada County, Idaho; thence North 89°57105" West (shown of record to be North 89°58'29.7" West) along the North line of said Lot 1 a distance of 40.37 feet to a point in a line parallel with and 70.0 feet Westerly from the centerline and opposite Station 49+81.54 of said Eagle Road, Project No. F -FR -3271(44) Highway Survey; thence along said parallel line as follows: Southerly along a 5659.58 foot radius curve right 339.39 feet to a point opposite Station 46+37.95 a point of reverse curvature of said Highway Survey, Southerly along a 5799.58 foot radius curve left 238.12 feet to a point in the South line of said Lot 1; thence North 89038127" East (shown of record to be North 89°37102" East) along said South line of 66.10 feet to a point in the Westerly right of way line of existing Eagle Road; thence North 0021133" West (shown of record to be North 0°22'57.7" West) along said West line 576.73 feet to the PLACE OF BEGINNING. ALSO EXCEPTING THEREFROM: A parcel of land in the Southeast Quarter of the Northeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian Ada County, Idaho, being a portion of Lot 1 of AMENDED PLAT OF MAGIC VIEW SUBDIVISION, according to the official plat thereof, filed in Book 52 of Plats at Pages 4445 and 4446; AND AMENDED BY an Affidavit recorded as Instrument No. 8429311, AND FURTHER AMENDED continued EXHIBIT A CONTINUED Page 10 BY an Instrument recorded May 28, 1996, as Instrument No. 96044575, Official Records of Ada County, Idaho, being more particularly described as follows: Commencing at the East 1/4 corner of said Section 17, marked by a brass cap monument in Eagle Road (State Highway No. 55) and located South 00022'18" East, 2652.85 feet from the brass cap monument in the intersection of said Eagle Road and West Franklin Road which marks the Northeast corner of said Section 17; thence North 00022'18" West 749.74 feet along the east line of said Section 17 to the point of intersection of same with the centerline of Magic View Drive; thence South 89°38'27" West 96.45 feet along said centerline to the point of intersection of same with the Westerly right of way line of said Eagle Road, as described in Deed Instrument No. 8843782; thence Northerly along said Westerly right of way line along a curve to the right having a radius of 5799.58 feet, an arc length of 238.54 feet, a central angle of 02°21'2411, a chord bearing of North 02°30'41" East and a chord distance of 238.52 feet to a point of reverse curvature; thence Northerly along said Westerly right of way line along a curve to the left having a radius of 5659.58 feet, an arc length of 73.01 feet, a central angle of 00044'2111, a chord bearing of North 03°19113" East, and a chord distance of 73.01 feet to the POINT OF BEGINNING; thence North 89°57105" West 268.09 feet to a point of 45.00 feet East of the West line of said Lot 1 of the Amended Magic View Subdivision; thence North 00°06125" West 158.00 feet along a line parallel with and 45.00 feet East of said West line to a point 108.00 feet South of the North line of said Lot 1; thence South 89°57105" East, 243.55 feet along a line parallel with and 108.00 feet South of the North line of said Lot 1, said line being the proposed Southerly right of way line of a new ( as yet unnamed) street to an angle point in said proposed Southerly right of way line; thence South 44008140" East, 43.02 feet along said proposed right of way line to a point in said Westerly right of way line of Eagle Road; thence continued EXHIBIT A CONTINUED Page 11 Southerly along said Westerly right of way line, along a curve to the right having a radius of 5659.58 feet, an arc length of 127.26 feet, a central angle of 01°17'18", a chord bearing of South 02018'23" West and a chord distance of 127.25 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM: A parcel of land in the Southeast Quarter of the Northeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a Lot 1 of AMENDED PLAT OF MAGIC VIEW SUBDIVISION, according to the official plat thereof, filed in Book 52 of Plats at Pages 4445 and 4446; AND AMENDED BY an Affidavit recorded as Instrument No. 8429311, AND FURTHER AMENDED BY an Instrument recorded May 28, 1996, as Instrument No. 96044575, official Records of Ada County, Idaho, and being more particularly described as follows: Commencing at the East 1/4 corner of said Section 17, marked by a brass cap monument in Eagle Road (State Highway No. 55) and located South 00022118" East 2652.85 feet from the brass cap monument in the intersection of said Eagle Road and West Franklin Road, which marks the Northeast corner of said Section 1; thence North 00°22118" West 749.74 feet along the East line of said Section 17 to the point of intersection of same with the centerline Magic View Drive; thence South 89°38127" West 96.45 feet along said centerline to the point of intersection of same with the Westerly right of way line of said Eagle Road, as described in Deed Instrument No. 8843782, and the POINT OF BEGINNING; thence South 89038127" West 297.83 feet continuing along said Magic View Drive centerline to the Southwest corner of said Lot 1 of the MAGIC VIEW SUBDIVISION; thence North 00006125" West 29.00 feet along the West line of said Lot 1 to a point 4.00 feet Northerly of the existing North easement line of said Magic View Drive; thence North 89038'27" East 279.35 feet along a line parallel with and 29.00 feet North of the centerline of Magic View Drive to a point; thence continued EXHIBIT A CONTINUED Page 12 North 45°43'31" East 27.74 feet to a point in said Westerly right of way line of Eagle Road; thence Southerly along said Westerly right of way line along a curve to the left having a radius of 5799.58 feet, an arc length of 48.28 feet, a central angle of 00128.3711, a chord bearing of South 01034'18" West and a chord distance of 48.27 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM: A parcel of land in the Southeast Quarter of the Northeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of Lot 1 of AMENDED PLAT OF MAGIC VIEW SUBDIVISION, according to the official plat thereof, filed in Book 52 of Plats at Pages 4445 and 4446; AND AMENDED BY an Affidavit recorded as Instrument No. 8429311, AND FURTHER AMENDED BY an Instrument recorded May 28, 1996, as Instrument No. 96044575, Official Records of Ada County, Idaho, and being more particularly described as follows: Commencing at the East 1/4 corner of said Section 17, marked by a brass cap monument in Eagle Road (State Highway No. 55) and located South 00°22'18" East 2652.85 feet from the brass cap monument in the intersection of said Eagle Road and West Franklin Road which marks the Northeast corner of said Section 17; thence North 00°22118" West 749.74 feet along the East line of said Section 17 to the point of intersection of same with the centerline of Magic View Drive; thence South 89038,27" West 96.45 feet along said centerline to the point of intersection of same with the Westerly right of way line of said Eagle Road, as described in Deed Instrument No. 8843782; thence Northerly along said Westerly right of way line along a curve to the right having a radius of 5799.58 feet, an arc length of 238.54 feet, a central angle of 0202112411, a chord bearing of North 02030141" East, and a chord distance of 238.52 feet to a point of reverse curvature; thence Northerly along said Westerly right of way line, along a curve to the left having a radius of 5659.58 feet, an arc length of 200.26 feet, a central angle of 02001,3911, a chord bearing of continued EXHIBIT A CONTINUM Page 13 North 02040'34" East, and a chord distance of 200.25 feet to the POINT OF BEGINNING; thence North 44008'40' West, 43.02 feet to'a point; thence North 89057105" West 288.55 feet along a line parallel with and 108.00 feet South of the North line of said Lot 1 of AMENDED MAGIC VIEW SUBDIVISION to a point in the West line of said Lot 1; thence North 00006125" West 108.00 feet along said west line to the Northwest corner of said Lot 1; th.nna South 89°57'05" East 321.03 feet along the North line of said Lot 1 to a point in said Westerly right of way line of Eagle Road; thence southerly along said Westerly right of way line, along a curve to the right having a radius of 5659.58 feet, an arc length of 138.87 feet, a central angle of 01024.21", a chord bearing of South 00057134" West and a chord distance of 138.86 feet to the POINT OF BEGINNING. . (Notary acknowledgment — Corporation) State of Idaho ) )ss. County of Ada ) On this 12th day of August 2003 , before me, the undersigned, a Notary Public in and for said State, personally appeared Steven R. Eddy known or identified to me to he the President of the corporation that executed this instrument and the person who executed this instrument on behalf of said corporation, and acknowledged to me that hp executed (lie same. Res; at: PATTY I. CHUPP Commtssion xpires: - dod5/ ft NOTARY PUBLIC r (Notary acknowledgment —Corporation) STATE Or IDAHO kbl Gwmiu" on "Xpires 5-8-2004. State of Idaho ) )ss. County of Ada ) On thisl2th day of August , 2003 , before me, the undersigned, a Notary Public in and for said State, personally appeared Steven R. Eddy known or identified to me to be the President of the corporation that executed this instrument and the person who executed this instrument on behalf of said corporation, and acknowledged to me that he executed the same. Resid' at: PATTY;. CHUPP Commission Expires: 5�NOTARY PUBLIC 27 STATE OF IDAHO My corn-:— r G-8-2004. (Notary acknowledgment — Limited liability company) State of Idaho ) )ss. County of Ada ) On this 12th day of August , 2003 ; before me, the undersigned, a Notary Public in and for said State, personally appeared Steven R. Eddy known or identified to we to be the manager or member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. Resid at Commissi Expires: (Notary acknowledgment — Limited liability company) State of Idaho ) )ss. County of Ada ) PATTY I. CHUPP t7 NOTARY PUBLIC i7 STATE OF IDAHO My Commis bn Ex-iroa 5-8-2004 On this 12th day of August , 2003 ; before me, the undersigned, a Notary Public in and for said State, personally appeared Steven R. Eddy (mown or identified to we to be the manager or member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. ReQsida' Comm,ssionEapires.� PATTY!. OH UPP tr NOTARY PUBLIC? STATE OF IDAHO My Commissi^r c"oires 5-8-2004. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) a FeoD f7f-0 iNC. by JDA`^ I ICsoN i �5 PneS� i , _ (name) n I (address) . cywtil0 (City) (state) being fust duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: Fa ateV¢t r r9 hkik ' %vt 1$yf' r3L Yt6 2a0 (name) Y.W.W ,abrWhg W163. (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. 1 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), G kt.r Dated this—1 day of ^^ _, 20 (Signature) SUBSCRIBED AN.. iS to before me the day and year first above written. r:ypA NOK4 TAR y (Notary Public for Idaho) r+r► Residing at: -.&&L LD_ PUBV� �o My Commission Expires: _ 'r'�?'e RU I5 Conenualty Development a Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridien, Idaho 83642 Phone:208-884-55331":209-888-6854 mvw meridlsncttv.ora/o Wn O O LO O Q N 0 Q J V 0 W (9 Y N 6 O II II li li II II a" 3 v I I IJ El❑ I_ UI LI F- in v m t oil ❑ 0 E Barbara Shiffer From: Terri Ricks Sent: Tuesday, January 06, 2015 2:45 PM To: Barbara Shiffer; estanbra@thearch.com Subject: AV: 3100 E. Magic View Dr. 1/6/15 Address Verification: McDonald's Drive-Thru Address: 3100 E MAGIC VIEW DR, IJERIDIAN, ID 33642 Save f Reset Cancel Help Parcel Detail District Parcel ##= Parcel Status= Primary RS443010019 Enabled Yes R Lot Block Subdivision 1 CONGLOMERATESUB Terri Ricks Addressing Specialist City of Meridian Land Development 208-887-2211 tricks@meridiancity.org 1 a � r� r Ne�3 5 o \��J N m m v i I (L S. 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