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CZC A-2015-0012 Building HCERTIFICATE OF ZONING COMPLIANCE REPORT DATE: TO: FROM: SUBJECT: OWNER: (�/ E IDIAN October 28, 2015 Dyver Development C.Jay Coles, Assistant City Planner Westborough Square BLDG H - CZC - A-2015-0012 Corey D Barton DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dyver Development, requests Certificate of Zoning Compliance (CZC) approval of Building A of the Westborough Square multifamily development on 5.4 acres of land in the R-15 and L -O zoning district. The applicant is only proposing development in the R-15 district at this time (2.85 acres). The site is located generally at 6340 N. Jericho Road (address subject to change. Address verifications from 2007 no longer valid and Addressing Specialist, per EMS personnel, require addresses to be changed to allow for easier identification). The overall site layout and building design was approved with CZC-12-014, DES -12-012, ALT -12-002 and CUP -05-027. DECISION The applicant's request for Certificate of Zoning Compliance 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 and7or 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. Record a legally binding document that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3- 27G. Prior to issuance of Certificate of Occupancy, provide a copy of said document to the Planning Department. 3. Prior to issuance of a building permit, Applicant shall coordinate with the City Addressing Specialist to confirm addressing on the project. New addresses required. 4. Any faded parking lot striping shall be restriped per UDC 11 -3C -6E prior to issuance of Certificate of Occupancy. 5. Detail of the proposed site art amenities shall be submitted with the Building Division submittal for review. Approval of site art from Planning Division is required prior to issuance of building permit. Conditions Document 1 Westborough Square BLDG H - CZC - A-2015-0012 6. Detail/elevations of the carports and garages shall be submitted with the Building Division submittal. 7. Detail of the community garden site amenity shall be submitted with the Building Division submittal. 8. Project is considered a multi -family development and condominiums are not approved. In order to change units into condominiums, Applicant shall complete the Short Plat process per UDC 11-613-5. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11- 3B -14A. 4. The site plan prepared by The Architects Office on September 14, 2015, labeled Al. 1, is approved as shown in Exhibit B. 5. The landscape plan prepared by The Land Group on July 2, 2007, labeled LLL, is approved as shown in Exhibit C, with the following comments: a. All site landscaping shall be certified as living by a landscape architect, landscape designer or qualified nurseryman prior to issuance of Certificate of Occupancy. 6. The elevations prepared by The Architects Office on September 14, 2015, labeled A5.0, 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 ACRD 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. 11. The City of Meridian requires that the owner enter into a Warranty Surety Agreement and post a Warranty Surety in the amount of 20% of the total construction cost for all completed public sewer and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, and must be in place prior to Certificate of Occupancy. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Services for more information at 208-887- 2211. 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 11-3B-13 and UDC 11-313-14. Conditions Document 2 Westborough Squue BLDG H - CZC - A-2015-0012 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The applicant shall comply with the outdoor service and equipment areas standards as set forth in UDC 11-3A-12. a. All HVAC equipment shall be screened. Detail of screening shall be submitted with the Building Division submittal. 4. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (CZC-12-014; DES -12-012; ALT -12-002; CUP -05- 027). 5. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 6. 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. 7. The applicant shall have an ongoing obligation to maintain all pathways, including along Chinden Boulevard (HWY 20/26). 8. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC I 1-3A-11. 9. 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. 10. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for a multifamily development as set forth in UDC 11-4-3-27. 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 November 12, 2015, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until October 28, 2016. EXHIBITS A. Vicinity Map B. Site Plan (dated: September 14, 2015) C. Landscape Plan (dated: July 2, 2007) D. Elevations (dated: September 14, 2015) Conditions Document 3 Westborough Square BLDG H - CZC - A-2015-0012 A. Vicinity Map Vicinity Map Legend �J Baree of lmpeco L_ Parcels-Mendon .- C -C LO II Y.6s ml[ R 1 —...E �-esth - E "� s i- R-15 6055 Print Date: 91222015 6206 6166 R-2 6062 6040 _ 12i0 °1 6075 R-1 0 0.075 0.15 Miles qq PF memmrm. r1Wwsss Nismap. =empem nem �arasa ase is sa — rL cowam rehvmn me ar el ,-raes -.I- a rna warrasry oraocce..a[m.1 came,. nary limefnes. o [omplennes of c al Ne tl- pro�ltlee ana a legal re-onabiltly lar IM1e im 'nlmmat- =onia nee a. roc map. �- t))6 R8 C -C' o m S2'tC,Or E E rnree "ai ;ce`� Corners Oto III vi6 �rE IDiZ IAN,— Conditions Document 4 Westborough Square BLDG H - CZC - A-2015.0012 B. Site Plan (dated: September 14, 2015) I f A 4 I I L I T i_ Conditions Document 5 Westborough Square BLDG H - CZC - A-2015-0012 EREBBN SOME ^ ^' ERmIMIIEIIMY CDEM PHwwi'm .r_ RFRERRL REFEf MM IECAIYI PNA YEIFE '•'� v��. y'w .ter... _ rw• ... �� Conditions Document 5 Westborough Square BLDG H - CZC - A-2015-0012 C. Landscape Plan (dated: July 2, 2007) rear scNEouLE I —^ C3 !!I SL d Y raq I I- y U 3 n -it=s: F - .- - - DEVELOPMENT CONTACTS "M Conditions Document 6 Westborough Square BLDG H - CZC - A-2015-0012. D. Elevations (dated: September 14, 2015) IRYNDEEt .-... r r- INIRINL WALK EIDE ELEIATION INEM NO +-1 GL U.N. Ei ENENEN4E fAz uwrtLn WESIB LPLVLX SL VL PE c4xvmnxmNs PIILEI on A5.0 Conditions Document 7 Westborough Squue BLDG H - CZC - A-2015-0012 BUILDING H Ci/WE IDIANf- !onhlo Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: LAC' {'rJA_�ILvrD Filenumber(s): /� X715' CUIZ p Assigned Planner: G-,TIY %uta Related files: 1.zc-1.�-(�z�� Cil GS- 0-7 Type of Review Requested (check all that apply) D Accessory Use D Planned Unit Development D Administrative Design Review D Preliminary Plat D Alternative Compliance D Private Street D Annexation and Zoning D Property Boundary Adjustment ® Certificate of Zoning Compliance D Rezone D City Council Review D Short Plat D Comprehensive Plan Map Amendment D Time Extension: D Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) D Conditional Use Permit D UDC Text Amendment D Conditional Use Modification D Vacation: Director/Commission (circle one) Director/ Council (circle one) D Development Agreement Modification D Variance D Final Plat D Other D Final Plat Modification Applicant Information Aplicant name: Dyver Development Phone: 288-5560 p Applicant address: 1977 East Overland Rd. City: Meridian Email: cbarton@cbhhomes.com State: Idaho Zip: 83642 Applicant's interest in property: 6 Own D Rent D Optioned D Other Owner name: Dyver Development Owner address: 7977 East Overland Road City: Meridian Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: The Architects Office, PLLC Agent address: 499 Main Street City: Boise Primary contact is: D Applicant D Owner 6 Agent/Contact Subject Property Information _ Phone: 288-5560 bhh Email: State: cbarton@c omes.com Idaho Zip: 83642 Architect Phone: 639-6403 Email: mark@taoidaho.com State: Idaho Zip: 83642 Sbelow TAN, R.1 E, B.M. Sea Location/street address: Township, range, section: 85 Assessor's parcel number(s): 89318160060 Total acreage: 2.Zoning district: R-15 6324, 6332, 6350, 6358, 6366, 6374, 6382, 6390 North Jericho Road Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ora/plannine -1- (Rev. 06/12/2014) Project/subdivision name: Westborough Square Phase 1 General description of proposed project/request: Proposed zoning district(s): R-15 Residential/Multi-family Acres of each zone proposed: 2.85 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: Homeowners Association 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: 32 Number of building lots: 1 Number of common lots: J Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3. bedrooms: 32 4 or more bedrooms: Minimum square footage of structure (excl. garage): See plans Maximum building height: 2 story Minimum property size (s.f): 124,323 Average property size (s.f.): N/A Gross density (Per UDC 11-1A-1): 14 Net density (Per UDC ll -1A-1): N/A Acreage of qualified open space: .32 Percentage of qualified open space: 11.3 Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): N/A Amenities provided with this development (if applicable): - Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex n Multi -family ❑ Vertically Integrated See site plan ❑ Single-family Attached ❑ Townhouse ❑ Other Non-residential Project Summary (if applicable) N/A 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: Mark Applicant signature: i Existing (if applicable): Building height: Number of compact spaces provided: Date: September 17, 201b Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idabo 83642 Phone: 208-884-5533 Fax: 208-888-6854 www meridianciri or nlannine -2- (Rev. 06112/2014) AR(HITE(TS Date: September 17, 2015 To: Planning Department City of Meridian 33 E. Broadway Meridian, Idaho 83642 Project: Westborough Square Condominiums, Buildings A, B, E, F, G, H, J, K Subject: Certificate of Zoning Compliance Application PROJECT LETTER Job No. 06-325 From: Mark Sanders 499 Main Street Boise, ID 83702 V (208) 343-2931 F (208) 343-1306 Please accept this Certificate of Zoning Compliance Application for the above referenced project. This application is for eight 4-plex buildings and eight garage buildings on Lot 7, Block 1, Westborough Square Subdivision. The use of these buildings will be multifamily residential buildings. Previous approvals: FP 05-075 AZ 05-018 PP 05-020 CUP 05-027 Thank -you for your consideration and please call with any questions or concerns, 639-6403. Sincerely, Mark Sanders The Architects Office, PLLC ADA COUNTY RECORDER J. DAVID "' gARRO AMOUNT 9.00 3 BOISE IDAHO 10113105 04:58 PM DEPUTY Gall Garrett III IIIIIIIIIIIIIIIIIIIIII�IIII"II'II RECORDED—REQUEST OFL LandAmerica 195153928 Trananation Title Transnation Escrow No. OS00026912 .—Vol WARRANTY DEED FOR VALUE RECEIVED STETSON PROPERPIES, LP, an Idaho Limited Partnership GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: DYVER DEVELOPMENT LLC, an Idaho Limited Liability company GRANTEES(s), whose current address is: P.O. Box 365 , Meridian, ID 63660 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: See Attached Exhibit "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owners) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including inigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Date: October 12, 2005 Stetson Properties, LP by Eck, Pzope_rties, LLC, General Partner by Tim W. Eck, Member Notary Acknowledgment— see page 2 C1 WARRANTY DEED - NOTARY ACKNOWLEDGMENT(S): State of Idaho, County of Ada, ss. On this l qday of October in the year of 2005, before me, the undersigned, a Notary Public In and for said State, personally appeared Tim W. Eck as Member of Eck Properties, LLC known or identified to me to be the General Partner In the partnership of Stetson Properties, LP and the partner(s) who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that he/she/they executed the same in said partnership name. Notary Oblic� Residing at �-'My commission expires: Residing: Boise, Idaho Commission Expires: 06/06/2011 H O L ( 'f% S A A% UBL10 •' , ,t S�4yr� OF I D:P��l,,��. EXHIBIT "A" Lot 6 in Block 1 of WESTBOROUGH SUBDIVISION, according to the official plat thereof, filed in Book 87 of Plats at Pages 9884 through 9986, records of. Ada County, Idaho. EXCEPTING the parcel of land deeded to the State of Idaho, Idaho Transportation Department, recorded April 21, 2004 as Instrument No. 104048110 as follows: A parcel of land located in the Northeast quarter of the Northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, referencing Record of Survey No. 5692, more particularly described as follows: Commencing at the Northeast corner of said Section 30, marked by a 3.5 inch brass cap; thence North 89051'35" West coincident with the North line of the Northeast quarter of the Northeast quarter of said Section 30, a distance of 1,317.00 feet 10 a 5/8 inch rebar/cap PLS 4431 marking the Northwest corner of said Northeast quarter of the Northeast quarter; thence South 00029156" West coincident with the West line of said Northeast quarter of the Northeast quarter, a distance of 40.00 feet to a 5/8 inch rebar/cap PLS 4431 on the South right-of-way line of Chinden Boulevard (U.S. Highway 20/26); thence South 8905113511 East coincident with said South right-of-way line of Chinden Boulevard and parallel with the North line of said Northeast quarter of the Northeast quarter, a distance of 2.00 feet to a 5/8 inch rebar/cap PLS 5461 and the POINT OF BEGINNING; thence continuing South 89051135" East coincident with said South right-of-way line of Chinden Boulevard, and parallel with the North line of said Northeast quarter of the Northeast quarter, a distance of 576.69 feet to a 5/8 inch rebar/cap PLS 4431; thence South 00037'3611 West, 30.00 feet to a 5/8 inch rebar/cap PLS 5461; thence North 89051'35" West parallel with the North line of said Northeast quarter of the Northeast quarter, a distance of 576.62 feet to a 5/8 inch rebar/cap PLS 5461; thence North 00029'56" East parallel with said West line of the Northeast quarter of the Northeast quarter, a distance of 30.00 feet to the POINT OF BEGINIQING. 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' NOW NO W F� 0" z J a@ t I . rl d. ei I � I A�IIIE�IlGI61�II86111E6 3mmn zE 's v 1 01, cga s @ s� a �" Is i , : > � E � g �+ @€ ®n is 1 all 3� MOM Ef a aid ?s € IN ea ya o pp e'en yak 5!RM en �� f W3 S 3§ n 3 Y f# C a Sq Oi '� LL gQqq 33p 9ewrCl yym g[@ i6 p p g pp p p' gg p p gg @g gg gg Cq ��@@3"a qd'�gyp" iB�4 T a?d9 @ F 4L € € P H € € E $ & G 9 a " 38 A e g lid 4 � m 83' d$— ®P5 "a allpi tl MAS X0 um 1� w e _ hi I ® 0 8� e �'mile I� m ayssa� p UM CALCULATION TABLE FOR LOT 7, BLOCK 1 WESTBOROUGH SQUARE SUBDIVISION MERIDIAN, IDAHO Parking stalls required: 80 Parking stalls provided: 88 6 accessible spaces (including accessible garage space) 40 garage spaces Building Area Residential buildings First Floor 2,407 s.f. Second Floor 1,625 s.f Total 4,032 s.f. /building 10 buildings = 40,320 s.f for project Garages 9 buildings at 840 s.f. I building at 945 s.£ Total = 8,505 s,f, Lot area: 124,323 s.f / 2.85 acres Setbacks Chinden Blvd. 30 ft. East 15 ft. South 15 ft. West 15 ft. 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C•I6[9CY M� / P �r--1>ru— QYOYI OHOB73l -N O QI= 9�1 ,SL L91 J _SLT91 LC'LBZI 3.9£BLOo N t. o Q3.L.L 1"Id:�f't CO z- �^ Q as Q'C5[ r O 111 - p w4 n,Ot[C.Ot}5 v .I I I I m Ix^ V 0 0 a o co H (s] 3 i n —se esti- �r--1>ru— <IIN N O �IIry O n 3 £ § G k § c/ �B§• C °�-^ ■||®/ � _,){ ; •G= �! a . z ; ■;;l=; _� : _ - y � _ I&,E§ @ ¥�: � uj a § ))2 ` @ # co - . 3:aj�| :;:'\ -- v s : \\ G l' }&§ ®©_§§§§| §§ r@§§ §|; ge CD = 2.5 \\ \\ §� ` §,2|) ko -� N/ ! - - _ o !:�■ rrE \ - - - _ ! 2.E_ .,�_ 2 !N. - -��. \§`� a§|) _ -ia §i6 Lu ;- -- --;_ - S k ! | ||||;■; §|;|| 3 £ § G AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, 00r -eve 19T I E, Gver 1ct,,d Ad .! di � � (naive} _ (address) (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: 111e_ AV6Jtt+Prk5 OFFce., 9 mr—In S -f-. / &i SL i Zb (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indenmify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this )-ice day of , 20 1S (Signature) SUBSCRIBED AND SWORN to before me the day and year first above ��.A' 3 " % (Notary Public for Idaho) k u Residing at:{J� m a / My Commission Expires: IO—PS tJ Allm S..i. .bop Community Development a Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 urn^u•.meridinncity.ore/plmmini C.Jay Coles From: Austin Miller <Amiller@achdidaho.org> Sent: Wednesday, October 28, 2015 12:50 PM To: C.1ay Coles Subject: FW: Westborough Square Sub Attachments: DOC.PDF Hi C.Jay, I stand corrected. After further discussion that easement has been released. I will no longer be reissuing my response. And one of my coworkers has been in communication with the applicant. Sorry for the confusion. Thanks, Austin From: Gary Inselman Sent: Wednesday, October 28, 2015 12:45 PM To: Jeanne Gage Cc: Austin Miller Subject: FW: Westborough Square Sub Here is the release of easement we discussed. From: Gary Inselman Sent: Tuesday, August 25, 2015 4:20 PM To: 'Sonya Watters' Subject: RE: Westborough Square Sub Sonya, That easement was released. Please see the attached. Thanks, Gary. Gary Inselman Development Services Manager Ada County Highway District 3775 N. Adams Street Garden City, ID 83714 Office: (208) 387-6170 Fax: (208) 387-6393 ginselman(aDachdidaho.org "We drive quality transportation for all Ada County—Anytime, Anywhere!" 1 From: Sonya Watters [mailto:swatters@meridiancity.org] Sent: Tuesday, August 2-5,--2015 8:37 AM To: Gary Inselman. ,, .. - tio-- - 06" Subject: Westborough Square Sub Hi Gary, Can you tell me if the ACHD easement across Lot 6 on the attached plat has been vacated? Thanks, �j'Q„y� yy ss�r.a Associate Planner, Planning Division City of Meridian -Community Development Department 33 E. Broadway Avenue, Suite 102 Meridian, ID 83642 208-884-5533 ext. 0578 www.merid is ncity.org 2 ADA COUNTY RECORDER J. DAVID NAVARRO a BOISE IDAHO 08118104 11,37 AM DEPUTY Ronnie D-REQUberbl III IIII'llllllllllllllVIIIIIIIIIIIII RECOflDED-AEOUEST OFF Ada County Highway Diet 104106189 Westborough Subdivision AMOUNT .00 Sec. 30 T. 4N.,R.1 E. RELEASE OF DRAINAGE EASEMENT This RELEASE, made the 2 ('day of 1," , 2004 by the Ada County Highway District, a Body Politic and Corpbfate of the State of Idaho, acting by and through its Board of Commissioners, hereinafter referred to as "RELEASOR". WHEREAS, the Final Plat of WESTBOROUGH SUBDIVISION platted an easement for permanent public utilities, drainage, and irrigation Easement on each side of interior lot lines, filed as Instrument No. 103166998, according to the official plat thereof, filed in Book 87 of Plats at Pages 9884, 9885, 9886 and 9886 records of Ada County, Idaho, and WHEREAS, the fee title owner of Lot 7, Block 1 of said Westborough Subdivision as requested release of such easement in order to obtain a lot line adjustment from the City of Boise, Idaho, and WHEREAS, the Easement, insofar as it relates to storm water drainage and any other rights granted to Releasor thereby, more particularly described as follows: EXHIBIT "A" is no longer necessary to the needs of RELEASOR, and RELEASOR desires to release its interest in such Easement to the Servient Estate. NOW, THEREOF, be it known that the Releasor, hereby releases the above described Servient Estate from the Easement, insofar as it relates to storm water drainage and any other rights granted Releasor thereunder, and hereby abandons any claim it may have thereunder to the use of the Servient Estate. IN WITNESS WHEREOF, the Director of Ada County Highway District, having been duly authorized, does hereby release the foredescribed Storm Water Drainage Easement. SUBSCRIBED AND SWORN this 2,q -day of , 2004, by the Director of Ada County Highway District. ADA COUNTY HIGHWAY DISTRICT By: William J. Schweitzer, Dire or Release of Drainage Easement — 2 STATE OF IDAHO ) ) SS: COUNTY OF ADA ) On this 2,q�day of '2004, before me, us �., K . S�cL Ll- Ia Notary Public in and for the to of I aho, p ry,nally appeared tiMfNiam J. nn; �t .�I C. 8�ak Schweitzer, known or identified to me to be th ireckr of the Ada County Highway District, the person who executed this instrumAt be behalf of said Highway District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official the day and year first above written. Notary Public for the State of Idaho Residing at Boise, Idaho My Commission Expires: 44-76 Zn EXHIBIT AA PARCEL DESCRIPTION ACHD DRAIN EASEMENT September 2, 2003 Project: WESTBOROUGH SUBDIVISION Project No.: 30363 A parcel of land located in the northeast 114 of the northeast V4 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, referencing Record of Survey No. 5692, more particularly described as follows: COMMENCING at the northeast comer of said Section 30, marked by a 3.5" brass cap; Thence North 89°51'35" West coincident with the north line of said northeast 1/4 of the northeast %4 a distance of 1317.00 feet to a 5/8" rebut marking the northwest corner of said northeast 1/4 of the northeast %4; Thence South 00°29'56" West coincident with the west line of said northeast %4 of the northeast 'A a distance of 197.66 feet to the POINT OF BEGINNING; Thence South 74°44'51" East, 99.80 feet; Thence South 6G'06'12" East, 36.43 feet; Thence South 47°52'54" East, 79.55 feet; Thence South 70°49'35" East, 279.98 feet; Thence South 79'54'57" East 22.25 feet; Thence South 77°02'26" East, 105.42 feet; Thence South 00°37'36" West, 40.94 feet; Thence North 77°02'26" West, 113.16 feet; Thence North 79°54'57" West, 24.43 feet; Thence North 70°49'35" West, 291.28 feet; Thence North 47°52'54" West, 83.39 feet; Thence North 60'06'12" West, 27.01 feet; Thence North 74°44'51" West, 84.13 feet to said west line of the northeast %4 of the northeast 1/4; Westborough 9/2/200 D. Short\cp IL] Enterprises I:\ Projeets\JLS Enterprises\survey\legals\ACHD DRAIN Page I of 2 Thence North 00°29'56" East coincident with the west line of the northeast 1/4 of the northeast 1/4 a distance of 441.36 feet to the POINT OF BEGINNING; The parcel above described contains 0.57 acres more or less. The basis of bearings for the above description is North 89°51'35" West between the 3.5" brass cap marking the northeast confer and the 3.5" brass cap marking the north V4 comer of Section 30, Township 4 North, Range 1 East, Boise Meridian. Together with and subject to covenants, easements, and restrictions of record Westborough 9722003 D. Short\cp JLJ Enterprises. I:t Projects\JLJ Enterprises\survey\1ega1s\ACHD DRAIN Page 2 of 2