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CZC_15-034_Intermountain_Pet_ClinicCERTIFICATE OF ZONING COMPLIANCE REPORT (�/��E IDIZ IAN, - DATE: April 27, 2015 TO: Bob Beede, B -B Investments, Llc FROM: Sonya Watters, Associate City Planner SUBJECT: Intermountain Pet Clinic - CZC-15-034 and DES -15-033 OWNER: Michael Matzek DESCRIPTION OF APPLICANT'S REQUEST The applicant, Bob Beetle, B -B Investments, LLC, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of a 3300 square foot (s.f.) animal care facility on 0.42 of an acre of land in the C -C zoning district. The site is located at 6320 N. Saguaro Hills Avenue. DECISION The applicant's request for Certificate of Zoning Compliance and Design Review is approved with the conditions listed in this report, [Note: Staff reviewed the previously approved conditional use permit/planned development (CUP -06-004) and development agreement (4Z-06-003, Inst. 4106104202) that included this site and determined that a new CUP should not be required as the proposed use is a listed as principle permitted use in the C -C zoning district per UDC Table 11-213-2. Additionally, the proposed developmentplan is consistent with the previously approved concept plan and provisions of the DA.] This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit andfor 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. Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 2. Business hours of operation within the C -C district shall be limited from 6 am to 11 pm when the property abuts a residential use or district as set forth in UDC 11 -2B -3A4. 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 Conditions Document 1 intermountain Pet Clinic - CZC-15-034 and DBS -15-033 asset forth in UDC 11 -5C -3B. A surety agreement maybe accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 1I - 3B -14A. 4. The site plan prepared by Northwest Architecture, dated April 2015, labeled Sheet A- 1.0, is approved as shown in Exhibit B. 5. The landscape plan prepared by Breckon Land Design on April 22, 2015, labeled Sheet L1.1, is approved as shown in Exhibit C. 6. The elevations prepared by Northwest Architecture, dated March 2015, labeled Sheet A- 5.0, are approved as shown in Exhibit D. 7. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval I. 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 11-3B-13 and UDC 11-313-14. I The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -06-003). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. 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 I1 -3A-3. 8. 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 11-4-3-1. 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 May 12, 2015, within fifteen (15) days after the written decision is issued, and contain Conditions Document 2 Intermountain Pet Clinic CZC-15-034 and DES -15-033 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 27, 2016. EXHIBITS A. Vicinity Map B. Site Plan (dated: March 1, 2015) C. Landscape Plan (dated: February 23, 2015) D. Elevations (dated: March 1, 2015) Conditions Document 3 Intermountain Pet Clinic CZC-15-034 and DES -I5-033 A. Vicinity Map •LCbW4enfll�il Conditions Document 4 Intermountain Pet Clinic CZC-15-034 and DIS -15-033 B. Site Plan (dated: April, 2015) ARCHITECTURAL SITE PLAN E. EVEREST ST. .. •r.'"„a� svr wire SITE RECAP SROM °.eKx"enu Conditions Document 5 Intermountain Pet Clinic CZC-15-034 and DES -15-033 PROPOSES SITEPIAN M L.O �� r.IKE PacKr.::mu swu, aw • iw' Fl`q,L rN'fr �� PAMEC tNHCIGM1P SYAINJL [LTAL e"Hw vwtrxeue'Imuxe Arrdw�ecmev'iir°uH.n°w`Oa;xRu'w rv�rea�wsuGr W� e•rare.ca.sx— TIgV�IX{ 6{R i1 n1eFH RIGtpG11H: PIAN �U' / eFyX. vu• •na•' �•IaweMmmax IR'M+�[f11d16A'm. H�r4 N.N4Fd (� Hi<sy Luaus.=.r-:ov�_EyA9nv 1` ma.e.rr•..-v asnns au✓ xm+Raarn< ++rGi:OnaY o)a IIA¢ICAPPASIKPK ,.JGNPOST M1A]UUi CETNL Tl �A5t1 CAL-1D"WESICE ELFVAIdN -1 u efJLLi✓14••IV• wus, NY• • ns• euLnlW.pl teas es aow�c RVPWf4FPG<F1W%I.R - _ - Yll pC[.yp bene •�•OF PIYfC%rMIRT Y"F[CP. l��R� na aEN W lLL2 H71l. l—'� Rar wxL. x:xarb - scuewaF SAruseullsn raenmw:w /moi PbA G91APJRII MV iAIL Wala.AmmvJY reLL1.>'�Lm 11NtN EN:10J.dt 61.:�s•�Hta M J E o U o LL Fe W C) a C) Z � � 3 U) z Z S a U0 u m W t - Z SITE DETAILS A-1.1 Conditions Document 6 Intermountain Pet Clinic CZC-15-034 and DES -15-033 C. Landscape Plan (dated: April 22, 2015) CALLOUT LEGEND PLANT SCHEDULE BUFFER REQUIREMENTS OO "^ "" .r. xcr •mmaE wur oru;w.0 _ .. "a• MR— OR "�"�'�:.d"i"a^ww^�:W C,WA.'...,o..w�� a ......... A LANDSCAPE LEGEND lt. tt f�^..'�"""� jN -U Ori fc1zM PROJECT INFORMATION. �a '-st a MGM w al , Conditions Document 7 Intermountain Pet Clinic CZC-15-034 and DES -15-033 D. Elevations (dated: March 1, 2015) Conditions Document 8 Intermountain Pet Clinic CZC-15-034 and DFS -15-033 IOR FINISH SFEGIFICPIIO NS HEYN OTF.5 EXTERZOO pp �w Fm�M�n^moa� F o s d mmxrvuwri�i�.� 0 j' z Q J fdN N LL () SOUTH ELEVATION F' � w++•n O w n 6 1_ U Z P f F 3 z z 3 H� U J O s..v Z _ Q f � 0 I:OFTH ELEVAT IOG �Bi 3 WERM 8 � ftEVA1KKi6 EAST ELEVATION WEir ELEV1II.4 Conditions Document 8 Intermountain Pet Clinic CZC-15-034 and DFS -15-033 pp �w Fm�M�n^moa� .mss o mmxrvuwri�i�.� Conditions Document 8 Intermountain Pet Clinic CZC-15-034 and DFS -15-033 ECEIVEi'. APR 0 3 20i:) CiV E IDIAl V -- Planning Division J DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: �.1.,' p Projectname: �K)P,1'NaDtlw-A.lyl ?w ayl kc - File number(s): 6Ze - 15 _ 03 +- Dt-S_ I S-033 Assigned Planner: So L, :k- er-g' Relatedfiles: A2 -06-1x13 Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Sheet ❑ Annexation and Zoning ❑ Property Boundary Adjustment 171 Certificate of Zoning Compliance ❑ Rezone ❑ Comprehensive Plan Map Amendment ❑ Short Plat ❑ Comprehensive Plan Text Amendment ❑ Time Extension: 11 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 Information Applicant name: Bob Beede, B -B Investments, LLC Applicant address: 800 W. Overland Rd. City: Meridian Phone: (208)888-2910 Email idahovet@aol.com State: ID Zip. 83642 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned 171 Other Conditional Purchase Agreement Owner name: Michael Matzek phone: (208)863-2458 Owner address: PO Box 140477 City: Garden City Email. mgmatzek@msn.com State: ID Zip: 83714 Agent/Contact name (e.g., architect, engineer, developer, representative): Jon Breckon Firm name: Breckon Land Design, Inc. Owner address: 181 E. 50th St. City: Garden City Primary contact is: ❑ Applicant ❑ Owner O Agent/Contact Phone: (208)376-5153 Email: Jbreckon@breckonld.com State: ID Zip_ 83714 Subject Property Information Location/street address: 6320 N. Saguaro Hills Ave. Township, range, section: T4N, R1 E, Sec. 30 Assessor's parcel number(s): 83616860050 Total acreage: 0.419 Zoning district: CC -C Community Development o Planning Division • 33 E. Broadway Avenuc, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/nlarmine -1- (Rev. 06/1212014) Project/subdivisionname: Intermountain Pet Clinic General description of proposed project/request: new Veterinary Clinic building and associated site improvements Proposed zoning distriet(s): CC C Acres of each zone proposed: 0.419 Type of use proposed (check all that apply): ❑ Residential ❑ Office 0 Commercial O Employment El Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? NMID Which irrigation district does this property lie within? NMID Primary irrigation source- NMID Secondary: City Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 6554 sf 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): Minimum property size (s.f): Gross density (Per UDC I1 -1A-1): Maximum building height: - Average property size (s -f.): 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 ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: 1 Common lots: 0 Other lots: Gross floor area proposed: 3300 SF Existing (if applicable): Hours of operation (days and hours): M -Sat 7am-6pm Building height:'- 5 - Total Total number of parking spaces provided: 12 Number of compact spaces provided: Authorization Print applicant name: Applicant signature:' Date: 3-2-15 Community Development a Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 53642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/ulamine -2- (Ren. 06/1212014) Breckon Land Design Inc. Post Office Box 44465 Boise, Idaho 83711 p: 208-376-5153 f: 208-376-6528 w .breckonlanddesian.com Landscape Architecture a Land Planning • Storm Water Management a Erosion Control • Graphic Communication a Water Management • Irrigation Design February 26, 2015 Ms. Sonya Watters, Associate Planner City of Meridian, Current Planning Division 33 E. Broadway Ave. Meridian, ID 83642 Project: Proposed Intermountain Pet Clinic 6320 N. Saguaro Hills Ave. Meridian, ID 83642 Re: Certificate of Zoning Compliance — Narrative Dear Ms. Watters, The proposed site will be developed in accordance with all applicable City, State, and Building codes, as well as conforming to required setbacks and landscape buffers. The use of the site meets the requirements of the current C -C zoning, and is intended to enhance the character of the commercial area, as well as the overall residential character of the subdivision development. Site landscaping is designed to incorporate plant material that is used in the existing developed areas in order to enhance the contiguous feeling of the overall development, per the attached plan. If you require any additional information or supporting documentation, please let us know. Sincerely, Breckon Land Design, Inc. Benjamin Semple, PLA, ASLA nw ARCHITECTURE NORTNWESTPR DATE: February 26, 2015 TO: City of Meridian Community Development Department 33 E. Broadway Ave. Meridian, Idaho 83642 PROJECT: Proposed Intermountain Pet Clinic 6320 North Saquaro Hills Avenue Meridian, Idaho 83646 REGARDING: Certificate of Zoning Compliance — Narrative REQUEST: Intermountain Pet Hospital & Pet Lodge located at 800 W. Overland Road in Meridian would like to develop a 3,330 sq. ft. Satellite Clinic to offer a more convenient location for their clients who live in North Meridian, Eagle and west Boise. This smaller facility will offer care and immediate attention for small animals, with referral to their main facility on Overland if surgery or extended therapy services are needed. The proposed building is designed to fit well in the surrounding neighborhood, utilizing a residential like fagade and exterior finish materials. The roof covering will be comprised of architectural grade shingles and all roof top related HVAC equipment will be concealed within a mechanical well at the center of the structure. The finish materials on the building exterior will consist of a combination of stone, stucco and hardboard siding elements. The owner's desire was to closely match the character of their main facility which received a national merit award for veterinary building design in 2004. Parking for the facility will be located on the north and east sides of the building and the site will be receive completely new landscaping along with a two rail vinyl fence around the site perimeter to again give the facility a residential feel. If you require any further clarification or supporting documents at this time, please let us know. Kindest regards, Randy Haverfield, AIA Project Architect Architecture Northwest P.A. 224 16'h Avenue South Nampa, Idaho 83651 randv a arcnw.com Ph. 208-467-3377 Fax 208-467-4343 Intermountain Pet Clinic — CZC Narrative Letter Page 1 of 1 First American FirstAmeHcan Title Company 9465 W Emerald St, Ste 260 Boise, ID 83704 Phn -(208)375-0700 Fax -(866)395-5708 ESCROW COMPANY INFORMATION: Officer: KIM YELM Assistant: HAILEY GOODMAN kyelm@firstam.com HGoodman@firstam.com To: Michael Matzek PO BOX 140477 Boise, ID 83714 Attn: Your Ref: FIRSTAMERICAN TITLE COMPANY 800 W. Main Street, Ste 910, Boise, ID 83702 (208)501-7664-FAX(866)503-9123 Order No.: 4102-2356062 Re: Property Address: 6320 N. Saguaro Hills Ave., Meridian, ID 83646 ADA COUNTY TITLE UNIT Title Officer: MAY LIN CARLSEN mcarisen@firstam.com INFORMATION The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shallbe arbitratedat the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at h t tp. //w w w. a 1 ta. o rg1. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY SCHEDULE 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B -I - - REQUIREMENTS SCHEDULE B -II - EXCEPTIONS CONDITIONS FirstAmencan Title Form No. 1068-2 Commitment No.: 4102-2356062 ALTA Plain Language Commitment Page 2 of 15 COMMITMENT FOR TITLE INSURANCE issued by First American Title Insurance Company AGREEMENT TO ISSUE POLICY We agree to issue a Policy to you according to the terms of this Commitment. When we show the Policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B -I The Exceptions in Schedule B -II The Conditions This Commitment is not valid without Schedule A and Section I and II of Schedule B. FirstAmerican Title Form No. 1068-2 ALTA Plain Language Commitment FIRST COMMITMENT SCHEDULEA 1. Commitment Date: November 21, 2014 at 7:30 A.M. 2. Policy or Policies to be issued: Owner's Policy ALTA Std Owner Policy 1402.06 (2006)-N Proposed Insured: B -B Investments, LLC Loan Policy Proposed Insured Endorsements: Less a Credit of Commitment No.: 4102-2356062 Page of 15 AMOUNT $ 112,000.00 $ FEE 706.00 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: MMCOM, LLC, an Idaho limited liability company 4. The land referred to in this Commitment is situated in the State of Idaho, County of Ada , and is described as follows: Lot 3 in Block 3 of HIGHTOWER SUBDIVISION, according to the plat thereof, filed in Book 97 of Plats at Pages 12294 through 12300, Records of Ada County, Idaho. APN: R3616860050 Commonly known as: 6320 N. Saguaro Hills Ave., Meridian, ID 83646 Fiat American Title Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE B -SECTION ONE REQUIREMENTS The following requirements must be met: Commitment No.: 4102-2356062 Page 4 of 15 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must give us the following information: A) Release(s) or Reconveyance(s) of items(s) AS MEETS INSURED'S REQUIREMENTS. 5. We require Seller's or Borrower's Affidavit provided and approved prior to recording. This requirement is waived if we are not doing the escrow closing. FlmtAmerican idle Farm No. 1068-2 ALTA Plain Language Commitment SCHEDULE B -SECTION TWO EXCEPTIONS Commitment No.: 4102-2356062 Page 5 of 15 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and that are not shown in the public records. 5. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. NOTE: The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended or EAGLE Coverage Policy. FirstAmerican Title Farm No. 1068-2 ALTA Plain Language Commitment SCHEDULE B - SECTION TWO EXCEPTIONS PART II: Commitment No.: 4102-2356062 Page 6 of 15 7. General and special taxes for the year 2014, in the original amount of $1,032.58, Code Area 03, A.P. No. R3616860050, First half now due and payable, but not delinquent until after December 20, 2014 . 8. 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. 9. Any tax, fee, assessments or charges as may be levied by City of Meridian. 10. Any tax; fee, assessments or charges as may be levied by Settlers Irrigation District. 11. Any tax, fee, assessments or charges as may be levied by Hightower Homeowner's Association, Inc.. Notice of Agreement, recorded October 23, 2012, as Instrument No. 112110113, Records of Ada County, Idaho. 12. Any tax, fee, assessments or charges as may be levied by Hightower Commercial Owner's Association, Inc.. 13. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description. 14. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: 575358 Affects Blocks 1-6 and Lots 1-11 in Block 7 15. Reservations and exceptions, including the terms and conditions thereof: Reserving: 50 Foot Easement Reserved By: Kenneth E. Mackey and Virginia B. Mackey Recorded: June 13, 1986 Recording Information: 8631671 Affects Block 2; Lots 1-3 in Block 3; Lots 1, 6-11 in Block 7 16. Development Agreement and the terms and conditions thereof: Between: City of Meridian And: Hightower, LLC Recording Information: 106104202 tirstAmerican Title Form No. 1068-2 Commitment No.: 4102-2356062 ALTA Plain Language Commitment Page 7 of 15 17. Easement, including terms and provisions contained therein: Recording Information: 106176684 In Favor of: Ada County Highway District For: Sidewalks 18. License Agreement and the terms and conditions thereof: Between: Settlers Irrigation District And: Carl K. Baker, Sr. and Kathleen S. Baker Recording Information: 106183730 19. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: 107004559 20. Memorandum of Understanding and the terms and conditions thereof: Between: Carl K. Baker, Sr. and Kathleen S. Baker, husband and wife And: Heron River Development, LLC Recording Information: 107125358 Affects Lots 2-4 in Block 3 FirstAmerwan Title Form No. 1068-2 ALTA Plain Language Commitment INFORMATIONAL NOTES Commitment No.: 4102-2356062 Page 8 of 15 A. Other than as shown in Schedule B; we find no Judgment Liens, State Tax Liens, Federal Tax Liens or Child Support Liens or Liens for Services, Labor or Material of record which attach to the name(s) or interest of the vested owner and/or proposed Insured owner/borrower. B. Pursuant to the State of Idaho Insurance Regulations: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: Recording fees: $10.00 for the first page and $3.00 per page for every page thereafter. Additional $5.00 per document electronic recording fee. RrstAmeucan Title Form No. 1068-2 ALTA Plain Language Commitment CONDITIONS Commitment No.: 4102-2356062 Page 9 of 15 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. HatAmer/can Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.; 4102-2356062 Page 10 of 15 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULED EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or as,assmentr which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments an real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any faces, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 3. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred poor to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 4. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior th the data the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. S. Unenforceability, of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 6. Invalidity or unenforceability, of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 7. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest insured by this policy and net disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent W Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Data of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company poor to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date or Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as m assessments for street improvements under construction or completed at Date of Policy). 4. Unenformahllity of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. F/stAmerican Title Form No. 1068-2 Commitment No.: 4102-2356062 ALTA Plain Language Commitment Page 11 of 15 S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against less or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason Of. 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character; dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (Iv) environmental pmtection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been retarded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant poor to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability, of the lien of the Insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability, of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankmptcy, state insolvency, or similar creditorsrights laws, that is based on: (I) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation In impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbranceswhich are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason Of. 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (it) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinanrrs or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof hasbeen recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Polity which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to. the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Data of Policy; or (e) resulting in loss or damage which wouldnot have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. FirstAmerican ritle Form No, 1068-2 Commitment No.: 4102-2356062 ALTA Plain Language Commitment Page 12 of 15 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY— 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULED This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations .rimming: • land use • land division • improvements on the land environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage descried in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the tight appears in the public records on the Policy Date • the taking happened prior to the Policy Data and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known W you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Data - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. S. tack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks, 11. EAGLE PROTECTION OWNER'S POLICY CLIA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14. (Subdivision Law Violation). 15. (Building Permit) 16. (Zoning) and 18. (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to Exceptions in Schedule B, you are not insured against loss, costs, attomeys'fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building L. zoning c. land use d. improvements on the land e. land division I. environmental protection This exclusion does not apply to violations or the enforcement of these matters I notice of the violation or enforcement appears in the Public Records at the Policy Data. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24, 2. The failure of Your existingstructures, or any part of them, W be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Data; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 3. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date,. but not to Us, unless they appear in the Public Records at the Policy Date; c. that resuit in no loss to You; or I. that first occur after the Policy Date - this does not limit Ore coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 4. Failure to pay value for Your Tide. 5. lack of aright: a. to any Land outside the area specifically descnbed and referred to in paragraph 3 of Schedule A; and L. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. FirstAmencan Title Form No. 1068-2 Commitment No.: 4102-2356062 ALTA Plain Language Commitment Page 13 of 15 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, atromeys' fees or expenses which arise by reason of. 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, Or regulations) restricting, regulating, prohibiting orrelating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws; ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violaRgn or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant, (b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured a[ Data of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors'rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (1) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE13 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right be a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE FirstAmerican Title Form No. 1068-2 Commitment No.: 4102-2356062 ALTA Plain Language Commitment Page 14 of 15 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY — 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of.- 1.(a) f: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk S. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. S. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records, This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). 15. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY— 2006 WITH REGIONAL EXCEPTIONS When the American Land Tide Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 14 above are used and the fallowing exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land and not shown by the Public Records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. FirstAmerican Title Form No. 1068-2 Commitment No.: 4102-2356062 ALTA Plain Language Commitment Page 15 of 15 " First American F%rstAmer%can Title Company 9465 W Emerald St, Ste 260, Boise, ID 83704 (208)375-0700 - FAX(866)395-5708 FirstAmerican ritle Privacy Information We Are committed to Safeguarding Customer Information In order to better sena your needs now and m the future, we may ask you to provide us with retain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with aur subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entry. First American has also adopted broader guidelines that govern our use of personal information regardless of Rs source. First American ails them guidelines its Fair Information Values. Types of Information Depending upon which of our services you are udlian% the types of nonpublic personal information that we may collect include: • Information we reserve from you on applications, forms and in other communications to us, whether in writing, in person, by telephone a any other maarus; • Information about your tmnactions with us, aur affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information fmm you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store each information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and test and Investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, he companies that Perform marketing services on our behalf, an behalf of our affiliated companies or to other financial institutions with wham we or our affiliated companies have joint marketing agreements. Former Custamers Even if you are no longer our customer, our Privacy Policy will continue le apply to you. Confidentiality and Scanty We will use aur best ants to ensure that no onaothorizad paries have access to any of your information. We restrict access in nonpublic personal information about you to those individuals and entities who real W knew that information to provide products w services W you. We will use our best efforts to twin and oversee car employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Polity, and First American's Fair information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corpore6on is sensitive to privacy issues on the Intemet, We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit first American or its affiliated Web sites on the World Wide Web without telling us who you are or revealing any infomhation about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. first American uses this information to measure the use of our site and to develop ideas m improve the ardent of our she. There are times, however, when we may need information from yes, such as your name and email address. When Information is needed, we will use our best efforts to let you know at the Erne of selection haw we will use the Personal information. Usually, the personal information we tolled is used only by us to respond to year inquiry, process an order a allow you to aces specific account/pro le information. If you choose in sham any personal information with us, we will only use it In accordance with the polities outlined above. Business Relationships first American Financial Corporation's site and its; afibates'sites may remain links to other Web sites. While we try to link only to sties that share our high standards and respect for privacy, we are not responsible for the cantent or the privacy fractions employed by other sites. Cookies Same of First American's Web sites may make use of "cookie" technology to measure site activity and to astembe information to your personal tastes. A cookie is an element of data that a Web site can send W your browser, which may then store the conon, on year hard drive. FrstAm mm uses stored cookies. The goal of this technology is to better serve you when visiting our site, ave you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record aeates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the acarary, of the data we colied, use and disseminate. Where possible, we will take reasonable steps a, correct inaccurate information. When, as with the public record, we cannot cored inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer an secure the required corrections. Education We endeavor to arcate the users of our products and services, car employees and others in our industry about the importance of consumer privacy. We will trained our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to tolled and use information in a reepansible manner. Security We will maintain appropriate facilities and systems to prated against unauthorized access to and caption of the data we maintain. Form 50 -PRIVACY (9/1/10) Page 1 of I Privacy Information (2001-2010 FirstAmerican Financial Corporation) FirstAmerican Title _MATCH ONE SEE SHEET 3 OF 7 NWAS'T2E 124.37' 19.` N.%-24.1CIT I - 54,98-- 1535'-9J] -451J 3 II "II LL O III m jli m81{ V V Ei I j I III III I II e.. � 1 =-59.00m.� II 55.• 55.W -J 55.00• I I yJl 11 li 4gj & E�qS I �S Se mI a X11 4'' J0l ,H,@Ig mIM /1•� I ss e9, J _3iQ➢•_; _i5S0ii 45.W- F--45.W- N. v Lr I N. MORPHEUS AVENUE" I =I I IY) II (55.00•55.00 XSiW�( --- `, -- I t it til Ilf m S1� £I� �i4 �Ie o V y 1 s �4 � �^ -I r �F �� jli O ili 0y iI m QI I u� �: I. 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JERICHO ROAD AW OM o S 3 Property Master 12/02/2014 Year Parcel# Status Property Type 2014 R3616860050 ' ActiveReal Property Property Code Area State Parcel # 03 M50360030030 Owner Information I Name MMCOM LLC Mailing Address PO BOX 140477 BOISE ID 83714-0000 Description LOT 3 ELK 3 HIGHTOWER SUB Physical Location I Address 6320 N SAGUARO HILLS AVE Acres MERIDIAN ID 83646-0000 Group Type SUB Group # 361686 Description HIGHTOWER SUB Zoning C -C Township/Range/Section 4N IE 30 Additional Owners Status State Category Acres Assessed Assessment Property Valuation Code 'value Rotl Occupancy Method Active 210 0.419 77,600 Property Roll 77,600 77,600 Non -Occupancy MARKET v ADA COUNTY TREASURERS OFFICE 200 W FRONT STREET BOISE ID 83702 (208) 287-6800 MMCOM LLC Parcel # R3616860050 PO BOX 140477 Property Address: BOISE ID 83714-0000 6320 N SAGUARO HILLS AVE MERIDIAN ID 83646-0000 12/02/2014 Interest as of 12/02/2014 Year Roll Half Base Tax Late Charge Interest Received Taxes Due 2014 Property Roll 1 516.29 0.00 0.00 0.00 516.29 Property Roll 2 516.29 0.00 0.00 0.00 516.29 2013 Property Roll 1 561.92 0.00 0.00 -561.92 0.00 Property Roll 2 561.92 0.00 0.00 -561.92 0.00 2012 Property Roll 1 582.67 0.00 0.00 -582.67 0.00 Property Roll 2 582.67 0.00 0.00 -582.67 0.00 2011 Property Roll 1 530.99 0.00 0.00 -530.99 0.00 - Property Roll 2 530.99 0.00 0.00 -530.99 0.00 2010 Property Roll 1 592.16 11.84 51.23 -655.23 0.00 Property Roll 2 592.16 11.84 51.23 -655.23 0.00 2009 Property Roll 1 706.52 14.13 147.60 -86825 0.00 Property Roll 2 706.52 14.13 147.60 -868.25 0.00 2008 Property Roll 1 918.21 13.36 22139 -1,152.96 0.00 Property Roll 2 918.21 13.36 221.39 -1,152.96 0.00 Total Amount Due: 1,032.58 J ADA COUNTY RECORDER Christopher D. Rich AMOUNT 19.00 4 BOISE IDAHO 05/07/2013 04:04 PM DEPUTY Victoria Bailey 53mpli R DRecording I IIIIII VIII VIII IIIIII IIIIII III IIIIII IIIIII VIII III VIII IIII IIII 12lCORDED-REQ-R):QUUST OF FIRST AMERICAN TITLE AND ESCRO 113050040 raar�:ae�K.0»l�cH�rrl�� Michael G. Matzek PO Box 140477 Boise, ID 83714 QUITCLAIM DEED File No.: 4101-2048488 (ED) Date: May 1 2013 For Value Received, Michael G. Matzek, a married man as his sole and separate property, do(es) hereby convey, release, remise, and forever quit claim unto MMCOM, LLC, an Idaho limited liability company, whose address is PO Box 140477, Boise, ID 83714, the following described premises in Ada County, Idaho, to -wit: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. together with their appurtenances. Dated: A,4)-,7 20 Page I of 4 �� L!I Michael G. Matzek STATE OF Idaho ) ss. COUNTY OF Ada I On this iday of May, 2013 , before me, a Notary Public in and for said State, personally appeared Michael G. Matzek, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within Instrument, and acknowledged to me that he/she/they executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate flrst above written., r ••d'��N �;. U;�•Oy �� No ublic of Idaho Residing at: Emmett, ID �tOT'�RY My Commission Expires: 04/06/2018 PUBL�G _ •� Page 2 of 4. EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: PARCEL II: Lots 8 and 9 in Block 1 of HOSAC SUBDIVISION NO. 3, according to the plat thereof, filed in Book 98 of Plats at Pages 12447 through 12449, Records of Ada County, Idaho. PARCEL III: A PARCEL OF LAND BEING A PORTION OF PARCEL B AS SHOWN ON RECORD -OF -SURVEY NO. 6$08 OF ADA COUNTY RECORDS, AND BEING A PORTION OF LOTS 32, AND 33, BLOCK 2 OF CORPORATE CENTER NO. 2, AS SAME IS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 58 OF PLATS AT PAGE 5504 OF ADA COUNTY RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, BOISE, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 34, BLOCK 2 OF SAID CORPORATE CENTER NO. 2, WHICH POINT IS ALSO THE NORTHEAST CORNER OF LOT 35 OF SAID CORPORATE CENTER NO. 2; THENCE SOUTH 00021'09" WEST, 15.04 FEET ON THE LOT LINE COMMON TO SAID LOTS 34 AND 35 TO A POINT OF CURVE ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST EMERALD STREET, AS SAME IS DESCRIBED IN DEED INSTRUMENT NUMBER 105019865 OF ADA COUNTY RECORDS, AND BEING 48.00 FEET SOUTHERLY OF THE CENTERLINE OF WEST EMERALD STREET; THENCE 174.59 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 2561.29 FEET, A CENTRAL ANGLE OF 03°54'20" AND A CHORD DISTANCE OF 174.55 FEET WHICH BEARS SOUTH 83042'38" EAST ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST EMERALD STREET, SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE 213.81 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 2561.29 FEET, A CENTRAL ANGLE OF 04046'58" AND A CHORD DISTANCE OF 213.75 FEET WHICH BEARS SOUTH 79021'59" EAST ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST EMERALD STREET, SAID POINT BEING A POINT OF REVERSE CURVE; THENCE 52.12 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 2657.29 FEET, A CENTRAL ANGLE OF 01007'25" AND A CHORD DISTANCE OF 52.11 FEET WHICH BEARS Page 3 of 4 APN: Quitclaim Deed - continued File No.: 4101-2048488 (ED) Date: 05/06/2013 SOUTH 77032'13" EAST ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST EMERALD STREET TO A POINT ON THE EASTERLY LOT LINE OF SAID LOT 32, AS SAME LOT 32 WAS ADJUSTED BY THAT LOT LINE ADJUSTMENT RECORD -OF -SURVEY NUMBER 2789 OF ADA COUNTY RECORDS; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST EMERALD STREET, SOUTH 00021'09" WEST, 165.19 FEET ON THE EASTERLY LOT LINE OF SAID ADJUSTED LOT 32 AND ON THE WESTERLY RIGHT-OF-WAY LINE OF NORTH ANCESTOR PLACE, AS SAME IS SHOWN ON THE PLAT OF HOSAC SUBDIVISION NO. 2, AS RECORDED IN BOOK 83 OF PLATS AT PAGE 9111 OF ADA COUNTY RECORDS; THENCE LEAVING SAID WESTERLY RIGHT-OF- WAY LINE AND THE EASTERLY LOT LINE OF SAID ADJUSTED LOT 32, NORTH 89049126" WEST, 261.27 FEET; THENCE NORTH 00021'09" EAST, 215.08 FEET TO THE REAL POINT OF BEGINNING. PARCEL IV: LOTS 39 AND 40 IN BLOCK 2 OF CORPORATE CENTER NO. 2, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 58 OF PLATS AT PAGES 5504 AND 5505, RECORDS OF ADA COUNTY, IDAHO. LESS AND EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY DEEDED TO ADA COUNTY HIGHWAY DISTRICT BY DEED RECORDED AS INSTRUMENT NO. 98086962, RECORDS OF ADA COUNTY, IDAHO. PARCEL V: Lots 2, 3 and 4 in Block 3 of HIGHTOWER SUBDIVISION, according to the plat thereof, filed in Book 97 of Plats at Pages 12294 through 12300, Records of Ada County, Idaho. PARCEL VI: Lot 4 in Block 1 of OLSON AND BUSH INDUSTRIAL PARK, according to the plat thereof, filed in Book 44 of Plats at Pages 3581 and 3582, Records of Ada County, Idaho. EXCEPTING that portion conveyed to Ada County Highway District by Deed recorded October 26, 1998, as Instrument No. 98102088, and Deed recorded January 21, 1999, as Instrument No. 99006120, Records of Ada County, Idaho. PARCEL VII: Lot 1 in Block 4 of GOWEN INDUSTRIAL PARK NO. 1, according to the plat thereof, filed in Book 30 of Plats at Pages 1882 and 1883, and Amended by Affidavits recorded as Instrument No.'s 862391, 862392 and 862393, Records of Ada County, Idaho. EXCEPTING THEREFROM that portion conveyed to Ada County Highway District by Warranty Deed recorded June 9, 1995, as Instrument No. 95039024, Records of Ada County, Idaho. Page 4 of 4 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA 1, �vlrc�t✓��L �. �,.��tt/�,��I,wr✓ R ri,��x i `�� 1. 4u %.7- dd C(name) ,( v (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: (name) (address) �37/y to submit the accompanying applications) pertaining to that property. 2. 1 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 properly which is the subject of the application. 3. 1 hereby grant permission to City of Meridian staff to enter the subject properly for the purpose of site inspections related to processing said application(s). Dated this day of/ GL�20 (Signature SUBSCRIBED AND SWORN to before me the day and year first above written. u•a.uo.u� �r �► i, 1W �r10N S, `ypTARr (Notary Public for Idaho) Residing at:&�t, oaht) pUB1.�G + My CommissionTxpires: cZ0 oZD I Community Development a Planning Division. 33 E. nroadaay Avenue. Ste. 102 :Meridian, Idaho 83642 Phone: 208-884.5533 pas: 208-888-6854 ;s5';. FxadP' =e 4 o- `� � grla � � p 521 v s-= e mzm � p 6� vC r4 e _aqm T -IB S j Kanchner EnBine0nn01.1 Zill 4: m INTERMOUNTAIN PET CLINIC ;\�.'�`.T-IF:t 1e! f6330 N.S gumo HMO mmtl ,WeIw0 m G� p vC r4 rq .q za. b A Pu b c K K. M— W S j Kanchner EnBine0nn01.1 Zill 4: m INTERMOUNTAIN PET CLINIC ;\�.'�`.T-IF:t 1e! f6330 N.S gumo HMO mmtl ,WeIw0 m G� § fl a a � a O LVo[ pp _ � QVdO-H OH31HHf 'N ^ g ,. 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