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CZC_15-040_Building_D_at_The_VillageCERTIFICATE OF ZONING COMPLIANCE (✓ Y L E' IDIAN�- REPORT DATE: April 15, 2015 TO: Todd Poirier, CTA Architects Engineers FROM: Sonya Watters, Associate City Planner SUBJECT: Building D at The Village - CZC-15-040; DES -15-031 OWNER: Meridian CenterCal DESCRIPTION OF APPLICANT'S REQUEST The applicant, Todd Poirier, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of storefront improvements for a future tenant in Building D at The Village. This site is currently zoned C -G. The site is located at 3505 E. Monarch Sky Lane. 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 andlor inspection. If you do need a building permit, you must complete thatprocess before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. Site Conditions of Approval 1. The future tenant shall submit an application for Design Review of any additional future storefront improvements. Walkways shall have weather protection within twenty feet (20') of all customer entrances in accord with UDC 11 -3A -19A.4. 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. The elevations prepared by CTA Architects on 4/10/15, labeled Sheet A201, are approved as shown in Exhibit B. 4. The approved elevations may not be altered without prior written approval of the City of Meridian Planning Division. 5. 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 Conditions Document 1 Bldg D at The Village tenant demolition - CZC-15-040 and DES -15- 031 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 11-313-5, UDC 11-313-13 and UDC 11-311-14. 2. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -07-012; VAR -07-017; MDA -11-002; CZC-11- 021; CZC-12-051; DES -12-032). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. 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. 5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11 -3A -I1. 6. 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. 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 April 30, 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 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 April 15, 2016. EXHIBITS A. Vicinity Map B. Elevations (dated: April 10, 2015) Conditions Document 2 Bldg D at The Village tenant demolition - CZC-15-040 and DES -15- 031 A. Vicinity Map Conditions Document 3 Bldg D at The Village tenant demolition - CZC-15-040 and DDS -15- 031 �o % z 3 aid m amz oow { l I/ �mWE / / z rc� r� zg U ^ G002 Conditions Document 3 Bldg D at The Village tenant demolition - CZC-15-040 and DDS -15- 031 B. Elevations (dated: April 10, 2015) !l Ensnrvcwe vrvnna nw sraaE vmnixmwas _ xv ^!�l vws vc Hutto ivw'}c mnsmx nrase n . I Q I GEYEMLNOrFS rvu uvvEv egr�e� "^.ASF;:..... ew,.r..^�R.... ymsnc cw Enmrn .. Conditions Document 4 Bldg D at The Village tenant demolition - CZC-15-040 and DDS -15- 031 H622 w mw.i 3 W. ww fU Z OF w UW NQ O0 U A201 of-1 f I IDIAN,� ;:1A,Ht City of Meridian, Building Services 33 E. Broadway Ave. Suite 102 Meridian, ID 83642 PH: 887-2211 / FAX: 887-1297 Inspection Line: 887-1155 New Permit Permit Number: R -NEW -2015-0284 Issued Date: Applicant Boise Hunter Homes Parcel Number: R8048400390 Address: 2421 E Mores Trail Dr Meridian, Id 83642 Subdivision: Southern Highlands Lot(s): 14 Block: 3 Contractors General BOISE HUNTER HOMES Address: 1025 S. BRIDGEWAY PLACE Phone: 208-577-5505 State Lic. & Reg. #: RCE -19806 EAGLE, ID 83616 FAX: Expiration Date: 12/19/2015 Fees and Receipts: Number Description Amount 159838 Residential New Application Fee $150.00 161049 ACHD Single Family $3,071.00 161050 ACHD Single Family Credit ($77.00) 161051 Residential Fire Impact Fee Per Dwelling $551.07 161052 Residential Parks Impact Fee Per Dwelling $1,080.72 161053 Residential Police Impact Fee Per Dwelling $135.72 161054 Residential Sewer Assessment $3,425.00 161055 Residential Water Assessment $1,794.00 161056 3/4 Inch Domestic Water Meter $231.00 161057 Residential Permit Fee $2,001.30 161058 Residential New Application Fee Credit ($150.00) Total Fees: $12,212.81 Check Number: 0587 $150.00 Total Receipts: $150.00 1 Balance Due: $12,062.81 (�E IDIAN -- Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: — L vW0 Bile number(s): L, L—f, j DEBTS -040 Assigned Planner: y W0.' L�� Related files: dZ& 11-0ml =-Izros DEa-m- Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development (Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ /annexation and Zoning ❑ Property Boundary Adjustment Certificate of Zoning Compliance ❑ Rezone ❑ Comprehensive Plan Map Amendment 0 Short. Plat ❑ Comprehensive Plan Text Amendment ❑ Time Extension: ❑ Conditional Use Permit Director/ Commission/Council (circle one) ❑ Conditional Use Modification ❑ UDC Text Amendment Director/Commission (circle one) ❑ Vacation: ❑ Development Agreement Modification Director/ Council (circle one) ❑ Final Plat ❑ Variance ❑ Final Plat Modification ❑ Other Applicant Information Applicant name: Todd Poirier- CTA Architects Engineers Phone: (208)577-5676 Annlicant address: 800 W. Main Street, Suite 800 Email: toddp@ctagroup.com City: Boise State: ID Zip: 83702 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned 0 Other Architects and Engineers Owner name: Meridian CenterCal LLC Phone: (208)888-1701 Owner address: 1600 E. Franklin Ave City: EI Email: dlipsett@centercal.com State: CA Zip: 90245 Agent/Contact name (e.g., architect, engineer, developer, representative): Todd Poirier Firm name: CTA Architects Engineers Owner address: 800 W. Main Street, Suite 800 City: Boise Primary contact is: 171 Applicant ❑ Owner 0 Agent/Contact Phone: (208)577-5676 Email: toddp@ctagroup.com State: ID Zip: 83702 Subject Property Information Location/street address: 3505 E. Monarch sky lane Township, range, section: Assessor's parcel number(s): Total acreage: Zoning district: Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888.6854 wwwv meridiancitv.orOnlanning A- (Rev. 06112/2014) Project/subdivision name: CenterCal Subdivision General description of proposed project/request: Demolition of two existing tenant spaced and remove of demising wall between the two spaces to create and empty Vanilla shell Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots:. Number of common 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 (excl. garage): Maximum building height: - Minimum property size (s.f): Average property size (s.f.): Gross density (Per UDC 11-lA-1): Net density (Per UDC I1 -1A-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 ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Single-family Attached ❑ Townhouse ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Common lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Todd Poirier - CTA Architects Applicant signature: Existing (if applicable): Building height: Number of compact spaces provided: Date: 4-10-2015 Community Development . Planning Division m 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884.5533 Fax: 208-888-6854 www.meridiancily.ore/olannine -2- (Rev. 06112/2014) NARRATIVE LETTER April 10, 2015 Re: The Village at Meridian Town Center, BLDG D Tenant Demo, Meridian, Idaho Architect's Project No. VILL_BLDDEM LETTER OF INTENT: The scope of work included in this application is the demolition of 2 existing tenant spaces (Toby Keith's Bar and Grill and Republic of Couture) and the removal of the demising wall that separates them. The two spaces will become one larger tenant space (for future tenant by others at a later date). Included in this work will be the necessary improvements to bring the space back to a vanilla shell condition. These improvements include the removal of existing patio door openings to be replaced with glass storefront infill, existing areas of smooth face stucco plaster to be overlaid with a fresh stucco plaster top coat, color to be changed from "traditional tan" to "white," minor slab cut and repair work, plumbing demolition work to be capped below finish floor, and rooftop mechanical demolition and removal. CTA, Inc. . 800 W. Main Street, Suite 800, Boise, Idaho 83702 208.336.4900 Fax: 208.343.3531 E-mail: toddp@cta ououp.com STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST (name) 1600 E. Franklin Avenue (address) El Segundo California (City) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: Todd Poirier CTAArchitects 800W Main Street, Suite 800 Boise ID. 83702 (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 oi- 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 ofsiteinspections related to processing sai application(s). Dated this (DAY) day of (MONTH) t _'2015 SUBSCRIBED AND SWORN to before me the day and yelr first ove Ile . (Notary Public for 1 Ur�✓lC( GABRIEL CHAWBLER _ nh COMM.#20))9936 z fI_ ra Notary Public - California o Residing at: 1 5a � � C in z - LosAngolasCoant -� Comm.: gpirr/uio,2018 I My Cotnrnission Expires: 33 E. Broadway Avenue, Suite 102 - Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancitv.ora (Rev. 02/03/2013) Reauestor Name _ Address Email Meridian Development Services Address Verification Request Todd Poirier - CTA Architects Engineers 800 W. Main Street, Suite 800, Boise ID 83702 Toddp[actagroup.com (200) 577-5676 Please check the appropriate box beloio and submit the required information to communitvdevelopmenO,meridiancitv.ore. Please allmv one business day for reply. ❑ Commercial Proiect Required Information: Project Name Address (if known) Lot Block Subdivision Site Plan - Include adjacent street name(s) Detailed Floor Plan to include: • Entrances — Designate "main entrance" if occupying more than one space • Proposed number of tenants and spaces — Define clearly on plan ® CO/TenantImprovementProiect Required Information: Project Name The Village at Meridian Town Center, Building D Tenant Demo Address (including suite number) 3505 E. Monarch Sky lane, Meridian Idaho Lot 5 Block 2 Subdivision CenterCal Subdivision Detailed Floor Plan to include: • Entrances — Designate "main entrance" if occupying more than one space • Proposed number of tenants and spaces — Define clearly on plan ❑ Sien Permit Application Required Information: Project Name Building Permit# Address (including suite number) Lot Block Subdivision Community Development . Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/olannine C��E IDIZ IANC �J Planning Division DESIGN REVIEW ■ Application Checklist Project name: The Village at. Meridian Town Center, ELDG D tenant demo Concurrent File #: Applicant/agent: Todd Poirier - CTA Architects Engineers All applications are required to contain one copy of the following: Applicant .� Description Staff Completed and signed Development Review Application (If also submitting a concurrent application for Certficate of Zoning Compliance, design X review will be processed along with that application. Therefore, a Development Review / Application is not necessary in this case; just check the Design Review box on the v Development Review Application and submit the Information below Completed Design Manual Compliance Checklists (B. Urban Design Guidelines; NIA C. Urban/Suburban Design Guidelines; D. Suburban Design Guidelines; E. Residential Design Guidelines) as applicable IA% Provide in a narrative letter, how the proposal addresses guidelines contained in the Meridian Design Manual and UDC 11-3A-19: 1. Architectural Character: a. Facades b. Primary entrance(s) X c. Roof lines d. Pattern variations f. Mechanical equipment 2. Materials 3. Parking Lots 4. Pedestrian walkways and facilities x A complete set of scaled plans including building elevations, with building materials, colors / and textures specified and site plans !/ X Reductions of the elevations 8 %" x 11") X Fee All requests for design rvvieiv approval must meet the p•ocedu•es set forth in UDC 11-5 and the criteria setforth in the `Meridian Design Manual", as applicable. APPLICATIONS [WILL NOTBE ACCEPTED UNLESSALL APPLICABLE ITEMS ON IHE CHECKLISTARE SUBMITTED. Community Development. Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.merldiancitv.ore (Rei,. 0210812013) JV� N, G 5 • �z-cf 13y(,:;,A — WHEN RECORDED, MAIL TO: Meridian CenterCal, LLC c/o CenterCal Properties, LLC 7455 SW Bridgeport Road, Suite 205 Tigard, Oregon 97224 Attn: Fred W. Bruning I ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 57.00 19 BOISE IDAHO 07/31/08 01:46 PM DEPUTY DanielleBouleNe III IIIIIIIIII'III�IIIIIIIII�IIIIIIII RECORDED -REQUEST OF First American 108087267 SPECIAL WARRANTY DEED In consideration of Ten and 00/100 Dollars ($10,00) and other good and valuable consideration, THE JULIUS M. KLEINER MEMORIAL PARK TRUST, UTA DATED APRIL 5, 2007 (the "Grantor"), hereby grants and conveys to MERIDIAN CENTERCAL, LLC, a Delaware limited liability company, whose address is 7455 SW Bridgeport Road, Suite 205, Tigard, Oregon 97224 (the "Grantee"), all of Grantor's undivided one-half (1/2) tenant-in-common fee interest in and to the real property located in Ada County, Idaho, and described as follows: See Exhibit A attached hereto and incorporated herein by this reference; TOGETHER with all easements, rights and hereditaments appurtenant thereto and all improvements located thereon; SUBJECT ONLY TO current taxes and assessments and to the reservations, easements, covenants, conditions, restrictions, and other rights or interests attached hereto as Exhibit B; and IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed this day of July, 2008. THE JULIUS M. KLEINER MEMORIAL PARK TRUST, UTA DATED APRIL 5, 2007 e M. Klein Co -Trustee By:\e_ Michael E. Huter Co -Trustee U SPECIAL WARRANTY DEED - 1 - 42340.0002.1247461.2 \1\ STATE OF WASHINGTON ) ) ss. County of King _ 1 On this % day of .2008 , before me, � 91(ie�iG SGViYY11'�1'�i1 �0' " a Notary Public in and for said tate, personally appeared Eugene M. Kleiner, known or identified to me to be the perso whose name is subscribed to the within instrument as a Co -Trustee of The Julius M. Kleiner Memorial Park Trust, UTA dated April 5, 2007, and acknowledged to me that he executed the same as such Co -Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year In this certificate first above written. Aft o3UE$1(iYJ��t4v NOTP, Ll IVASKINGTW, Notary Public �V"w�E ter C^giF`II I®RI E, RES Residing at W VE®R0'%8yt 20. V My commission expiresly t05 STATE OF IDAHO ) ss. County of Ada �- )/ On this mil _ day 03,41,, , 2008, before me, a Notary Public in and for said Stfe, personally appeared Mich el E. Huter, known or identified to me to be the person whose name Is subscribed to the within instrument as a Go -Trustee of The Julius M. Kleiner Memorial Park Trust, UTA dated April 5, 2007, and acknowledged to me that he executed the same as such Co -Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SPECIAL WARRANTY DEED - 2 - 42340.0002.1247401.1 I • UND iPY4NN[NB I • I I CIVIL CNDINccNIND LANDOCArc AwcNITCC'r unc I I I $Vnv t � CY 1 I S� I .. `O a I I r3 Easl WlndnO CMADdw Eagle, l0 Me FH2O81246.83D0 FX 208/246.8320 . ' lvnwvrtpdeslOn.com w,vw.wrydesl0n.com Boundary Description of New Parcel I a for'Morl4lau Cenfercal, LLC Job No. 6077070.00 A parcel of land situated in the southwest quarter of Section -4, 'Township 3 North, Range I: East, Boise Meridian, Ada Como, Idaho, being.more particularly described as follows: Commencing at'a'bmss cap. marking the southwest•comar of Section 4, Township 3 North, Range I East; Boise Meridian; . Thence Nb0'10'43" B, 2618.49 feet along the west line of the southwest quarter to it brass cap ma9dahg the west quarter -section comer of Sectidn 4; Thence N89'5 1'01"E, 70.00 feet along the north line of the southwest quarter to a brass cap on the east right -0f -way line of North Eagle Road, the POINT OF BEGINNING: ' Thence N89'51'01"E,1237.95 feet along the north line of the west half of the ' southwest quarter of Section 4; Thence S60'08'50"W, 182:63 feet; Thence 16.85 feet on a'curve to the_right, having a radius of 511.67 feet, a cental angle of 1'53' 12", a chord bearing of 501`05'26"W, and a chord length of 16.85 feet; :Thence S02'02'02"W, 720.47 feet; 'Thence 3M 38*ei as a curVe.to the left, having a radius of 48833 feet, a centlal angle of 44044'49" , a choral bearing of '920'20!22"E, and a chord length of 371.76 Thence N89'49' 17"W,1344.744 feet to the, east right-of-way line of North Eagle Road; , Thence•N00110'43'73,1260.65 feet alongthe east right-of-wayline ofNorth Eagle Road to the POINT OF BEGINNING. The above-described parcel contains 35.85 aeres,;more or less. Subject to any existing easements or rights-of-way of record or apparent I PAGE 1 OF 13 r PAGE 1 OF 13 r ' ' I �80'S)'Ot Ir 7900' 5 4( roan 0r Brornnlny N W 'OI 1^E 1�3f.93' Legend — Boundary We i — EdWnO R(gnNot—Way LMS i+ Saco" Cornu Ouariar—Section Cwncr ' Q - rivpwty co mar Parcel !a' 55.85 Acres t 4 ' t9 13"74' lneTelb flna Bam1n [wa In LT* i parolYhb ' Cum eLllm Nadlua tW 07ierd U ct of 02 s a .s q w PAGE 2 OF 13 'uHd PI.[NNINO CIVIL i ¢Nwincewuo . LwN P[cna•[ ANONIT6GTY11E F ' uNo 1173 Eaa1W1nd1nUCMek Or1Ya, Eagle,10 83616 pH 2OW46.8300. FX 208/246.8320 www.wrgeesigo.cam. WWw.wgdesrgm0m PAGE 3 OF 13 11 o E s i G N I N C. ' ' BoundaryDeseription , of New Parcel lb for Meridian Ceutercal, LLC Job No. 6077070.00 A parcel of land situated in the southwest quarter of Section 4, Township 3 'Nortb, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly describc4 as follows: Commencing at a brass cap marking the southwest comer of Section 4, Township 3 North, Range 1 East, Boise Meridian; ' Thence S89°46' 1717, 2023,25 feet along the south lino'of the southwest quarter, Thence X00013143"E, 5281 feet to the north right-of-way line of East Fairview Avenue, the POINT OF BEC NNING: Thbnce N89°59'29W, 777.49 feet along the -north right tif--way line of Past Fairview Avenue to a 5/8 inch rebar, Thence S00°00'31 "W, 5.00 feet along the north right of -way line of East Fairview Avehue to a 5/8 inch rebar t Thenca N89°59'29"W, 631.00 feet along.the north right-of-way line of Fast Fairview. AveIIue to a 5/8 inch rebar, Thence N001000'31E, 10.00 feet along the north right-of-way line of East Fairview Avenue to a 5/8 inch rebar, Thence N89159'29"W, 85.91 feet along the north right-of-way line of East Fairview Avenue to a 518 inch rebar, Thedce M5-1 8'52'-W, 122.64 feet along the north right-of-way line of East Fairview Avenue to a V8 inch rebar, Thence N89°$9'29" V , 217.51 feet along the north right-of-way, line of Eest Fairview 'Avenue to a 5/8 inch rebar Thence N57'25'03"W,129-24 fwA,• long the north tight -of --way line of Bast Fairview Avenue to a brass cap on the east right-pf--way line of North Eagle Road; Then a N00°10'43 "B, 657.35 feet along the east right-of-way line of North Eagle Road to abrass cap; Thenoc NO2006'43"W, 250.20 feet along the east right-of-way line of No.rtti Eagle 'Road to a brass cap; New Parcel liicontinued.,, , Thence N00110'43"E, 272.29 feet along the east right-of-way line of North Eagle Road to a 5/8 inch rebar on the south line of the north half of the. west half of the southwest gn$rter; . Thence N0001 0'43'7, 48.74 feet Along the east rightrof-way.line of North Eagle Road; • ; Thence$g9°49'1TF, 1344.14 feet; '.Thence 16.69 feet, on a non -tangent curve to the left, concave easterly; havwg a. radius of488.33 feet, a central angle of 1°57'31", a chord'bearingofS43°41'33"E; And a chord length of 16.69 feet; Thence S4M40'18"E, 649.89 feet; . Thence 1'18.21 feet -on a carve to the rightihaving a radius of 511.67 feet, Q central angle of 13°34'13",,achoo bearing ofSlg°03'12'T,, and a chord length of 117.95 . feet; Thence N89°59'29 V, 13.73 feet; Thence 281.5$ feet on a non -tangent cmve to the right, cunvave westerly, having a radius of 500.00 fee4 a cmutl angle of 32° 15'•58", a chord bearing of S16°07'22"E,• . and.a choid length of 277.87 feet;' . Thence 800°60'37-W; 475.04 feet to the.POINT' OF BEOINN1Nl3, The above-described parte; contains 53.94 acres, more or less: Subject to, any eidsting easements or rights-of-way of record or apparent. PAGE : 4 OF .13 �i®l® ':7'..' �'•:'. D E73 1 0 N' I N c 594 Legend Parcel 16 53.94 Acres f 0MMAZYMCMdMiRT7i�3.rti mKzMv7ry 5 rjTp.:i.�RIL Er7F€?..Wl7iT'•➢F7.1E3'imjtoA�*?YA r H New Parcel ib Ekhibff PAGE 5 OF 13 Po!M of 8-9M4fiW Pmjeot No. 6077070.00 Date' 07/01/08 -- -[j- •�— - pyyUny RiGnh.of-Way Ws �QQ 7 - Seelbn Maw (J [Qi - QuWtm sootion Conw Nroputy C~ Parcel 16 53.94 Acres f 0MMAZYMCMdMiRT7i�3.rti mKzMv7ry 5 rjTp.:i.�RIL Er7F€?..Wl7iT'•➢F7.1E3'imjtoA�*?YA r H New Parcel ib Ekhibff PAGE 5 OF 13 Po!M of 8-9M4fiW Pmjeot No. 6077070.00 Date' 07/01/08 sp PCoaper Scale: r - 350' 9hM No, 1101 i II.ANO• ' PLANNINO CIVIL ENOINGFR(NO unesc4ri ARCHITECTURE LA" , SUpYIIY Boundary Description ofNew Parcel 3 far Meridian Centereal, LLC Job leo. 6077070:00 A parcel of land situatid in the'east halfof fhd southwest quarter• and the west halfo£th'e southwest'Varter ofthe southeast quarter of Section 4, Township 3 Norlh, Range 1 East, I' Boise Meridien, Ada County, Idaho, being mote particularly described as follows: Commencing at a brass cap marking.the southwest comer of Section 4, Township 3 North, Range 1 East, Boise Meridian; Thence S89'46' 17" E, 2659.51 feet along the south fine of the southwest quarter to a 5/8 inch. rebar marking the south qukUr-section comer of Section 4;' • . ' I ' . 2;• hence'S89'46'39' E, 664.61 feet along the south line of the southeast quarter; . Thence N00'13'217$, 57.;74 feet to a 519 inch tebar marking the southwest comer of Vedtare Subdivision, Book. 27 of Plat§ at Pages 1704 & 1705, on the north- right-of-v"y line of East Fairvi6w Avenue, the POINT OF BEGINNING: -Thence N00004725'B1'741,97 feet along'the west lineaf Ven tdre Subdivision; Thence N89059'Z9"W, 1378.91 feet; Thence 281.58 feet on a non -tangent curve to the riA concave westerly, having a radius of 500.00 feet, a central angle of 32015'58", , a chord bearing of 8l,6'0T22'B, and a chord length of 277.87 feet; Thence So0'6o'37'W„ 475.04 feet to fhe•northright=of-way line of East Fairview • �Wenne;,• i •• Thence S89'S9'29'B; 63620 feet along the north right-of-way line -of East Fairview Avenue to a 519 inch rebar, Thence S89059129'Z, 664.68 feet along the north right-of-way line of East Fairview Avenue to the POINT OF BEGINNING. 'lite above desoribbd parcel oonmitis 22.32 acres, mora or less. Subject to any existing easements or right's -of -way of record or. apparent. 1173 Ent Windine CreekDrlve Ea010. ID 836th PH 208/240.8300 FX 208/240.0320 • N.WeslQREVn1 , ax^x.wrOdas1On.0DM , PAGE 6 OF 13 q Te mora ofmim. Ic"Id Parcel .3 22.32 Acres . I i .. 0 Aaw of droobffft i I 1 '.1. . " KOr$J'21'C 37.74 raw FOWSW Ani Legend ProjectNo. 6Tj Bom, m tin. Date: W 9"tion uv Im W *Mka*A EIPKW me rat L;Z= TU 2"24UM 54tbg RIghl—or—Why We BCMW. ridw Compf shoot NO. I*f C=W-SvdW,C4mer 0 prowy,oww q Te mora ofmim. Ic"Id Parcel .3 22.32 Acres . I i .. 0 Aaw of droobffft i I 1 '.1. . " KOr$J'21'C 37.74 raw FOWSW Ani PAGE 7 O�' 13 New Parcel 3,EXhIblt ProjectNo. 6Tj merldlan Town Oehler Date: W 07/ KC Im W *Mka*A EIPKW me rat L;Z= TU 2"24UM Mwkkn CentprcA LLC BCMW. fV-Cf &WkkM WOO shoot NO. I*f PAGE 7 O�' 13 LAMP PLAHNINP Ffl CIVIL CNPIHCYAINP - I N"CAM ' AAPAITGo}UP[ • i 173 E�sl Wlndtng Cnektldve Eagle, ID 836}6 PH 266/246.6306 ' FX ZQW46.83P0 ' www.wrydasipaesm wwN.ar6dasi6aeo6t .'e E a I G. H 1'•N C. Boundary Description. of New Parcel 4A for Meridian Centercal, LLC Sob No.,6077010.00 I A pardel ofland situated in the east half of the sou6east quarter Section 5, Township 3 North, Range 1 East, Boise Meridian; Ada County, Idaho, being more particularly described as •follows: Commencing at a brass cap -marking the southeast section comer of Section 5, Township 3• North, Range 1 East, Boise. Meridian; Thence 1400°10'43"E, 2618.49 feet along the east line of southeast quarter of Section 5 to the -cast quarter -section comer of Section 5; • ' Thence S89955'28"W, 70,00 feet along the north Brie of the east half of the southeast quarter to the'Westright-of way ofNorth Eagle Road; . . ' ', Thence'SOOP 1'0'43"W, 45.06 feet along the west right-of-way line of North Eagle Road to a 5/l1 inch rebar, the POINT OF $EOWNlNG:. Thence SOOP10'43" W, 1242.94 feet along the west right--of-way line of North Eagle' , Road, Thence N89°49,' 17"W;1253.55 feet to the east line of Packard Subdivision No. 4, r Book 82 of Plats•at Pages 9064 & 9065, records of Ada County; I Thencd N60007'13"13, 682,98 feet along the east line of Packard Subdivision No. 4,, to a 5/8 inch rebar marking the southeast c6mer of Packard Subdivision No. 3, Book 80,of Plats at Pages 8687 & 808, records ofAda County; Thence N00 -07'13"B, 23931 feet along the east line of Packard,Subdivision No. 3, - I • tog. 5/8 inch rebar marking the south right-of-way line ofE•ast Chateau Drive; Thence N89°51'06"E, 91.55 feet along the south right-of-way line of Bast Chateau Drive to a 5/8,inch rebar; Thence 109.96 feet on a curve to the left having a radius 70.00 feet, a central angle of 90"00'00" a chord bearing of N44P5i'0618, and a chord -length of 98,99 feet, along - Wq tight -of -way line of East Chateau•Arive to a 5/8 inch rrbar, ThonBe N00°08'54"W, 289.87 feet along the east right-cf-way line of East Cb4teau Drive to a 5/8 inch rebar on the north4ine of the east half of the,southeest quarter of Section 5; 1 1 PAGE,.;'. 8 -OF 13 The=N89°55'28"8, 721.26 feet along the noith line of the east half of the southeast quarter of Section 5 to a 5/8 inch rebar, New Parcel 4a continued.,. Thence; S20*34'14'19, 48.04"feet to a 5:/9 inch rAhr, -Thence N895528"21,1356.73 feet parallel with the north line of the east half of the southeast quiter of Section 5 to the POINT OF BBGINNIN6. 7be above-described pmvtl contains 15.32 acres; more or less. Subject to any existing easements or rights-of-way of record or apparent' 6 Y. T oholro "a Parcel 4o Fo/M of 35.32 Acrss i' Cum 7vbb Cum O�Da Radlba ab B�orH cevN 4 n Legend •--------.••.—•••• _ B"dory una otm - xcu. coma am - QDorier-Soailoe Garner • O — Woperty Came •--------.••.—•••• 5V4 —EDA F"tr v otm am New Parcel 4a Exhibit "° X870°0 .. 1 o N "' Meridan Town Center Datot rl°I. P.cow tM Ew We 1wk L1N4 EDdato &;818 MerkW Comer°@ LLC 8ealel T 0 350' . re[DnB21a= Foc 2=4&aM ,w..w..�q.,,, vamrd.uo=,...Dnmar CBy DF?tier{d➢11, kletlo Sh6ot No, l of l PAGE 10 OF 13 6"ESIGN INC. Thence S00° t0'43"pJ; 606.46 feet along the west right -of way tine of North E1196 aRoad to a Brass Cap; Thence S57°26'0T'%,117.34 feet along the northright-of-way line of East Fairview �c9 R+ V. 1173 Eastwndln0 ereekedve nonce S�7°33'08"%,385.28 feet -along the north Tlgilt-of-way line of East Fairview Eagle, m . Avenue to a 5/8 inch rebar; • ' • 83816 1., ' PH 208/246.8808 Thence N89059'271W,5293 feet along the.nor•th right-of-way line of East Fairview PX 2QW46.0320 , Avenue to a 518 inch rebar, www.w108es100:aom . www.w184esI0n.cem _::.te 1 �£': ' PAGE 11 OF 13 Boimdary Description of New Pared 4b for Meridian, CeutercaL LLC rob No. 6677070.00 A parcel of land situated in the east half of the southeast quarter of Section S, Township 3 Forth, Range I East, Boise Meridian, Ada County, Idaho, being more pardoularly,described as.follows: Commencing at a brass cap marking the southeast corner of Sea4on'5, Township 3 North, PIANNIN. Range I Fast, Boise Meridian; Thence S89°46'56"W, 1322.11 feet along the south line of the easthalf of the southeast • ,quarter of Section 5 to the southwest comer• of the east hal£.of the southeast quarter of ' •Section 5;. ' ' ' Thence N00°061.56 T, 45.28 feet along the west •line, of the eist•half of the southeast quarter of Se�,c• dont' S to ' 5,/{8��i,n,c�h rebgr on the north right-of-way line of East Fairview Avcir y the ENGINEERING YG: POINT OFBEGINNING: Thence N00006'56"E,.1265.40 feet along the west line of the east half of the southeast gbartec of Section 5 to a 5/8 inch rebar maddng the southeast cOtner of Packard.Stibdivision No. 4, Book 82 ofPlats at Pages 9064 & 9065, records 6f Ada LAN.{CAA6 •COtnrty, Thence N00007'13"E, 28.71 feet,along the east line ofPackard Subdivision.No. 4; Thence S89°49' ITS,1253.SS feet to the west right-of-way tine ofNorfleEagle • l LAN. ' Road; nonce 800°10'43'W, 344.28 feet along' west right of -way line of North Eagle Road to a Brass Cap; gbt-oay lige ofNorth Eagle Thence S02(%109"W, 250.20 feet along the west rif w Road to a Brass Cap; Thence S00° t0'43"pJ; 606.46 feet along the west right -of way tine of North E1196 aRoad to a Brass Cap; Thence S57°26'0T'%,117.34 feet along the northright-of-way line of East Fairview �c9 R+ V. 1173 Eastwndln0 ereekedve nonce S�7°33'08"%,385.28 feet -along the north Tlgilt-of-way line of East Fairview Eagle, m . Avenue to a 5/8 inch rebar; • ' • 83816 1., ' PH 208/246.8808 Thence N89059'271W,5293 feet along the.nor•th right-of-way line of East Fairview PX 2QW46.0320 , Avenue to a 518 inch rebar, www.w108es100:aom . www.w184esI0n.cem _::.te 1 �£': ' PAGE 11 OF 13 .New Parcel 6 continued... Thencc 800`0013M, feet along the north right-of-way line of Fast Fairview Avenue to a 5/8 inch rebar, Thence 1V890592TV, 705.66 feetalong the north right-of-way kine of East Fairview Avende. to the POINT OF BEGINNIN0. The•above-descn'bed par el contains 36.67, acres, more or less. snf�ebt to any existing easements or tights -of -way. of -record or apparent jr PAGE 13 OF 13 u Legend I Purse! 4b 36.67 Acres i t_a�n• �fallM •---'-'_____—'-'----- "sacie5a'�i,rszrt - doa rernr.. a.�. SI�9' � . New Parcel 4b Eghibit Daty NO 6071 " .1" 8v. o • Meridian town Center 07/0a y: P,Ca sk utm FAda w sere , eca[er r MerMn Centelf t it -a X70 Cllr Of Mwckm; kw sheet no, i Df 1 _ B"Oy Un. ; --------- - saanon _ CWAW 8 - ourinr-3ecnon cans Purse! 4b 36.67 Acres i t_a�n• �fallM •---'-'_____—'-'----- "sacie5a'�i,rszrt - doa rernr.. a.�. SI�9' � . New Parcel 4b Eghibit Daty NO 6071 " .1" 8v. o • Meridian town Center 07/0a y: P,Ca sk utm FAda w sere , eca[er r MerMn Centelf t it -a X70 Cllr Of Mwckm; kw sheet no, i Df 1 EXHIBIT B Parcels ]A and 113 1. General and Special Taxes for the year 2008, an accruing lien not due or payable until the fourth Monday in November 2008 when the bills are issued, the first half of which is not delinquent until after December 20, 2008. 2. General taxes which may be assessed and extended on any "subsequent' or "occupancy" tax roll, which may escape assessment of the regular tax roll; which are a lien not yet due or payable; 3. Liens, levies and assessments by Nampa -Meridian Irrigation District. 4. Except mineral or water rights, claims or title to mineral or water. 5. Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents, Page 18. 6. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: July 28, 1955, as Instrument No. 380667. 7. Agreement upon the terms, conditions and provisions contained therein: Dated: Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT & MORRISON-KNUDSEN COMPANY Recorded: April 5, 1973 Instrument No.: 841610 8. Easement, including terms and provisions contained therein: Recording Information: 8026154 In Favor of: IDAHO POWER COMPANY For: power lines 9. Easement, including terms and provisions contained therein: Recording Information: 95030008 In Favor of: IDAHO POWER COMPANY For: power lines 10. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: May 25, 1995, as Instrument No. 95035388. 11. License Agreement upon the terms, conditions and provisions contained therein: Dated: August 5, 1996 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT & MORRISON-KNUDSEN COMPANY Recorded: April 9, 1996 Instrument No.: 96066964 12. Unrecorded Leaseholds, if any, rights of parties in possession other than the vestees herein, rights of chattel mortgages, vendors and vendees under conditional sales contracts of personal property installed on the premises herein, and rights of tenants to remove trade fixtures. 13. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. CADocuments and SettingsWSUcal Sellingffernporary Internet Files\0LK7Mxhibit 8 -Parcels IA and IB.dec 2 EXHIBIT B Parcels 3, 4A and 4B General and Special Taxes for the year 2008, an accruing lien not due or payable until the fourth Monday in November 2008 when the bills are issued, the first half of which is not delinquent until after December 20, 2008. 2. General taxes which may be assessed and extended on any "subsequent" or "occupancy" tax roll, which may escape assessment of the regular tax roll; which are a lien not yet due or payable. Liens, levies and assessments by Nampa -Meridian Irrigation District. 4. Except mineral or water rights, claims or title to mineral or water. 5. Rights, rights of way, reservations and exceptions in the patent recorded in Book 3 of Patents, Page 113. 6. Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents, Page 18. 7. Easement, including terms and provisions contained therein: Recording Information: Book 19 of Miscellaneous Records at Page 624 In Favor of: IDAHO POWER COMPANY For: power lines 8. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: July 28, 1955, as Instrument No. 380667. 9. Easement, including terms and provisions contained therein: Recording Information: 7749046 In Favor of: IDAHO POWER COMPANY For: power lines 10. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: May 25, 1995, as Instrument No. 95035387. it. License Agreement upon the terms, conditions and provisions contained therein: Dated: August 5, 1996 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT & INTERMOUNTAIN GAS COMPANY Recorded: August 9, 1996 Instrument No.: 96066964 12. Terms and Conditions contained in Easement, by and between Joint School District No. 2 and Walter H. Kleiner and Eugene M. Kleiner, recorded December 23, 1999, as Instrument No. 99121751, Records'at Ada County, Idaho. 13. Unrecorded Leaseholds, if any, rights of parties in possession other than the vestees herein, rights of chattel mortgages, vendors and vendees under conditional sales contracts of personal property installed on the premises herein, and rights of tenants to remove trade fixtures. 14. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. Q\Documents end SetlingsW8%ocal Servings\Temporary Wemel Files\OLK72\Ezhibil a - Parcels 3 4A and 4B. doe 2 N e 5 X913 46 — 2----- — — — ------------- ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 21.00 7 BOISE IDAHO 01131106 01:46 PM DEPUTY RECORDED 80Roulette REOUESTOF III 10808IIIIII'III0808III�IIIIIIIIIIIIII7268 First American Recording Requested By and When Recorded Retain to: Richard D. Herndon Griffin Fletcher & Hemdon LLP 3500 Red Bank Road Cincinnati, Ohio 45227 SPACE ROOW WS COIF FOR RECORDWS OSEOMY SPECIAL WARRANTY DEED In consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, DAVID E. KLEMII AS TRUSTEE OF THE 2008 KLEINER FAMILY TRUST U!r/D MARCH 4, 2008 (the "Grantor"), hereby grant and convey to MERIDIAN CENTERCAL, L.L.C., a Delaware limited liability company, whose address is 7455 SW Bridgeport Road, Suite 205, Tigard, Oregon 97224 (the "Grantee'), all of Grantor's undivided one half (1/2) fee interest in and to the real property located in Ada County, Idaho, and described as follows: See Exhibit A attached hereto and incorporated herein by this reference; TOGETHER with all casements, rights and hereditaments appurtenant thereto and all improvements located thereon; SUBJECT ONLY TO current taxes and assessments and to the reservations; easements, covenants, conditions, restrictions, and other rights or interests attached hereto as Exhibit B; and the restrictive covenant and equitable servitude hereby imposed that no portion of the real property conveyed hereby shall be employed for the construction, use or operation of any resort, timeshare facility, hotel, motel, motor lodge, recreational vehicle or motor home campground, camping resort, or other form of hospitality facility or for any industrial purposes, as such terms are defined in the applicable zoning code then in effect. By accepting this Decd., Grantee acknowledges, covenants and agrees for itself and for its successors and assigns that the foregoing restriction and servitude shall apply to and be enforceable against any other undivided fee interest in the real property herein described acquired by Grantee or its successors to the same and full extent applicable to the interests of the Grantor hereby conveyed. GRANTOR, for itself and for its successors in interest, does by these presents expressly limit the covenants in this Deed to those herein expressed, excludes all covenants arising or to arise by statutory or other implication, and does hereby covenant against all persons whomsoever lawfully claiming or to claim by, through, or under Grantor, and not otherwise, that it shall warranty and defend the title to the above-described real property. IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed this day of July, 2008. DAVID E. KLEINER, AS THE TRUSTEE OF THE 2008 KLEINER FAMILY TRUST UIT/D MARCH 4, 2008 STATEOF WuSh} L V } SS: COUNTY OF k -1110L } I certify that I know or have satisfactory evidence that DAVID E. KLEINER is the person who appeared before me, and said person(s) acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as Trustee of the 2008 KLEINER FAMILY TRUST U/T/D MARCH 4, 2008, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dad (twat rtMa )=108}dw mm as LAROA[A,9 EMIBIT A ®©0 . D e e i a x I x c. ., Boundary Baacriptfon of New Parcel In for Meridian Centercal, LLC . JobNo.6077070.00 A parcel of land situated in the southwest quarter of Section 4, Towusbip 3 North, Range 1: East, Boise Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at a 6ws,cap marking the southwest. comer of Section 4, Township 3 North, Range 1 East, Boise Meridian; . - . Thence N60°10'43'E, 2618.49 feet along the west line of the southwest quarter to a brass osp marking the west quarter-gection comer of Section 4; Thence N995 1'01"E, 70.00 feet along the north lice of the.southwest quarter to a brass cap on the.east right -of --way line of North Eagle Road, the POINT OF BEGINNING. Thence N89°51'01"$1237.95 feet along the north line of the west half of the ' southwest quarter of Section 4; Thence S00°08'50"W, 182.63 feet; ' Thence 16.85 feet on a curve to the right, having a radius of 511.67 feet, a centml angle of, 1051'12",.a chord bearing of S01e05'26"W, and a chord length of 16.85 feet; Thenoe S02002'02"W, 720.47 feat; . Thence 3$1.38 Frei on a curve.to the lef , having a radius of 488.33 feet, a central angle of 44044'49", a chord bearing of S20"20'22'B, and a chord length of 371.76 feet; Thence N89949'I TV, 1344.74 feet to the east right-of-way line of North Eagle Road; �. I A13 FiaWhtllnp Cn4prWe . .Feple, ID E3616 rx msrzeD.e3ao . � zovzes.uza . -yyynrypeapn.ean .ww.nry0eslpn.com - Thence N00° 10'43"E, 1260.65 feet alongthe east right-of-way fide of North Eagle Road to the P0114T OF BEGINNING. The above-described parcel contains 35.85 acres, more or less. Subject to any existing easements or rights-of-way of record or apparent Page 1 of 1 I 83M PV 206/246.000a FX 2081248.0320 Boundary Description of Now Parcel Ib for Meridian Centeroal, LLC Job No. 6077070.00 A parcel of land situated in the southwest quarter of Section 4, Township 3Nortb, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at a brass cap marking the southwest corder o . f Section 4, Township 3 North, Range I East Boise Meridian; Thence S89°46' 17"E, 2023.25 feet along the south line*of the southwest quarter; The= NOOO I 3'43"E, 52.81 feet: (o the north right-of-way line of East Fairview Avenue, the POINT OF BEGINNING: Thence N89 -59'29-W, 777.49 feet along the, north right-df-wiy line of E&t Fairview Avenue to a 5/8 inch rebar, Thence S00°00'31"W, S.00fiEct along the north right-of-way line of East Fairview Avenue to a 5/8 inch rebF, Thence N89 -59-29'V; 631.00 feet al . ongt I he north right-of-wa . y line of East Fairview Avenue to a 5/8 inch rebar, Thence N00°00'31 -l3, 10.00 feet along the north right-of-way line of FAA Fairview Avenue to a 5/8 inch rebar; Thence N99 -59'29-W, 85.91 feet along the north right-of-way line of Fast Fairview. Avenue to a 5/8 inch rebar; Thedoe N8501 8'WW, 122.64 feet along the north right-ofway line of Fiat Fairview Avenue to a V8. inch rebar; Thence N8905.9'29W, 217,51 fea along the north right-of-way line of Fast Fairview Avenue to a 5/8 inch rebar, TienccN57°25'03'V, 129.24 leetalongtht nortbnightof-way line of East Fairview Avenue .tc. a br ass cap on the east right-of-way line of North Eagle Road; Thence N0001 0'43"E, 65735 feet along the east right-of-way line of North Eagle Road to a brass c* Thence NO2O06'43"W, 250.20 feet along the east right-of-miay line ofNertli Eagle 'Road to a brass cap., Pagel of 2 New Parcel 1 b continued... - Thence N00°10'43"E, 27229 fat along the east right-of-way line of North Eagle Road to a 518 inch mbar on the south line of the north half of the west half of the southwest quarter, . Thence N00%0'43'7;, 48.74 feet along the east rightof-wayline of North Eagle Road;. _ Thence SSV49' 1rE,1344.14 feet; Thence 16.69 feet on a Alin -tangent curve to the left, concave eastid.y; having a - radius of 488.33 feet, a central angle of 1057'3111, a chord bearing of S43041'331; ` And a chord length of 16.69 feet; Thence 544°40' i s"E, 649.89 feet; I Thence 118.21 featon a curve to the right, -having a radius of 511.67 fed, s central . angle of 13014'13", a chord bearing of S38°03' 12"E, and a chord length of 117.95 . feet; Thence N89059'29"w,13.73 feet; . Thence281,5$ feet on a non -tangent curve to the right, concave westerly, having a radius of 500.00 fat, a central angle of 32015'58"; a chord bearing of Sl b°07'22"E, and.a chord length of 277.87 feet;' Thence S00°00'37"w, 475.04 feet to the Poll d of BEGINNINo. 1 The above-described perm) contains 53.94 acres, more or less: Subject to any existing easements.or rights-of-way of record orapparenL - Page:2'of 2 ®�® D E 3 1 0 N I N C. .. EXHIBIT B 1. General and Special Taxes for the year 2008, an accruing lien not due or payable until the fourth Monday in November 2008 when the bills are issued, the first half of which is not delinquent until after December 20, 2008. 2. General Taxes which may be assessed and extended on any "subsequent" or "occupancy" tax roll, which may escape assessment of the regular tax roll; which are a lien not yet due or payable. 3. Liens, levies and assessments by Nampa -Meridian Irrigation District, of which are paid current. 4. Except mineral or water rights, claims or title to mineral or water. 5. Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents, Page 18. 6. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: July 28, 1955, as Instrument No. 380667. 7. Agreement upon the terms, conditions and provisions contained therein: Dated: Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT & MORRISON KNUDSEN COMPANY Recorded: April 5, 1973 Instrument No.: 841610 8. Easement, including terms and provisions contained therein: Recording Information: 8026154 In Favor of: IDAHO POWER COMPANY For: power lines 9, Easement, including terms and provisions contained therein: Recording Information: 95030008 In Favor of: IDAHO POWER COMPANY For: power lines 10. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: May 25, 1995, as Instrument No. 95035388 11. License Agreement upon the terms, conditions and provisions contained therein Dated: August 5, 1996 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT. & INTERMOUNTAIN GAS COMPANY Recorded: August9,1996 Instrument No.: 96066964 12. Easement, including terms and provisions contained therein: Recording Information: 7749046 In Favor of: IDAHO POWER COMPANY For: power lines 13. Matters that would be shown by an accurate survey of the Property. L1punWCrnu2eaMeliOlenWeintt ConlreG�$ellets Wty n d Fxhiihil 6(072108)d 6�L ---IV I I t l l -,. z \ � �Q - -- �1 -� z»\�j�, W -- a CONSTRUCTION2EVJGE R,�oNmw�_ � 9 03$ ` mm,el %//ƒNac{KY7� ` ' ~ (/® MERIDIAN r - �/ - » \�y a $ {) CONSTRUCTION2EVJGE R,�oNmw�_ � 9 03$ ` mm,el %//ƒNac{KY7� ` ' ~ (/® MERIDIAN r