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Application
Hearing Date: March 3, 2016 File No.: H-2016-0006 Project Name: Pope's Garden Request: Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 5.28 acres of land from Office to Medium High Density Residential by Iron Mountain Real Estate. Location: The site is located at 2662 E. Magic View Drive, in the NE '/4 of Section 17, Township 3N., Range IE. Request: Annexation and Zoning of 5.28 acres of land from the RUT to the R-15 zoning district. Request: Preliminary Plat consisting of 20 building lots, 4 common lots, and 1 other lot on 5.28 acres of land in the R-15 zoning district. Request: Conditional Use Permit for a multi -family development consisting of 79 dwelling units in the R-15 zoning district. IDIAN -- I` H Q Type of Review Requested (check all that apply) tMelvt" JAN 19 2013 Planning Division DEVELOPMENT REVIEW APPLICATION ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review 511 Preliminary Plat ❑ Alternative Compliance ❑ Private Street El Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ® Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ® Conditional Use Permit ❑ UDC Text Amendment 0 Conditional Use -Modification ❑ Vacation: Director/Qommis ' circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ❑ Final Plat 0 Other ❑ Final Plat Modification Applicant Information Applicant nam e: likON OM DUNTzv AiifGr eal 41Afe5 Phone: �5n-eJ:5i20 Applicant address: Email: JUegnl A,1tmrNGL6 .GDM City: /%7C/r oignl State: �62 Zip: 93g /w Applicant's interest in property: ❑O,wnn ❑ Rent 0 Optioned ❑ Other Owner name: _y4R%G4S Phone: M—,-015-60 Owner address: 1.2453r W. SilAt4" CAMfie Email: City: &,-Te State %;o Zip: 83709 Agent/Contact name (e.g., architect, engineer, developer, representative):C4&2eO J Firm name: /1 C7J�tt ``IfJGJX/ /%tNNiv14' Phone: Agentaddress:Email: City: /72lState:% Zip: Primary contact is: D Applicant ❑ Owner IJAgent/Contact Subject Property Information Location/street address:.,4E,;7 r 4,�7Q9/G L11 1-1 Township, range, section,3,"0 k1, i �t r e �,�,.�� Assessor's parcel number(s): RSy�(3o=-27o Total acreage: &� Zoning district: r��'ls Community Development • Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 wliM1v.meridia�icitv.or�/nla,mine (Rev. 0 611 2 2 01 4) Project/subdivision name: Popx5e,�Ar'A/ General description of proposed project/request:NAZ"�,z__- vA/t%rtnlSiuc A C_QAVJ i1Qb USC iG%11.n1l1arV P/04 RProposed zoning district(s): _ 7Z6 Acres of each zone proposed: S 21f Type of use proposed (check all that apply): fd Residential 0 Office 0 Commercial 0 Employment 0 Industrial 0 Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? %1� /.1Qm 1/t� ald gel✓ I Primary irrigation source: IVjjm4aAeZ,d,Q4 Secondary: i Square footage of landscaped areas to be irrigated (if primary or sewndary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: 7!7,1AAv- In a npe Number of building lots: -26 Number of common lots: Number of other lots: / aa_yee G5 Proposed number of dwelling units (for multi -family developments only): 1 bedroom: O 2-3 bedrooms: V 4 or more bedrooms: n Minimum square footage of structure (excl. garage): Maximum building height: / Minimum property size (s.f): Z 7©`t 5.e Average property size (s.f.): P ' z Gross density (Pet UDC 11-1A-1): 1-1/49 Net density(Per UDC l l -1A-1): /.qb .-� Acreage of qualified open space:3 � n �j Percentage of qualified open space: .15 Type and calculations of qualified open space provided in acres/(Per UDC 11 -3G -/3B): ToT /rr/'.L 44-;M /SOCIJ Darr L ¢ $ �t 5 !"11�70'f gO N64� G/0 L121 ha G!)' Amenities provided with this development (if applicable): Si1l'i..�o/---Iy, 7� i C4F " LL�s�a�r Type of dwelling(s) proposed: 0 Single-family Detached 0 Single-family Attached 0 Townhouse 0 Duplex AJ Multi -family 0 Vertically Integrated 0 Other Non-residential Project Summary (if applicable) ,tM Number of building lots: _ Common lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature:. Other lots: Existing (if applicable): Building height: Number of compact spaces provided: Date: i -i3-16 Community Development ■ Planting Division ■ 33 E. Broadway Avenue,. Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orgjplsnning -2- (Rev. 0 6/1 212 0 1 4) KENT BROWN PLANNING SERVICES January 18, 2016 Planning and Zoning, City Council Meridian City Hall 33 E. Broadway Ave Meridian, ID 83642 RE: Annexation of Pope's Garden Subdivision Dear Commissioners and Council Members: Respectfully request the City of Meridian's approval to annex 5.28 acres into the City of Meridian.. The property is located at 2662 E. Magic View Drive, with a proposed zone of R-15. The property has both water and sewer service available in Magic View Drive and is contiguous to the city limits along the site's westerly boundary of the site shared by Waverly Place Subdivision. The R-15 zone provides buffer between the City of Meridian's Eagle Road Business Core area located on the southside of Magic View Drive to the Interstate and from Wells Street to Eagle Road.. The City's Comprehensive Plan reserves this area for commercial types of uses, with office and higher density residential uses to buffer and help the transition into the existing residential neighborhoods around the Business Core. As uses become closer to Eagle Road and St. Luke Hospital they become more intense. The proposed zoning of R-15 for Pope's Garden does that. The density of increases from Woodbridge's R-4 to Waverly Place's R-8 to proposed Pope's Garden of R-15. We look forward to your approval of this application for annexation and zoning to the City of Meridian. Sincerely, no -. 4::., 4m-�, � Kent Brown Planner 3161 E Springwood Dr ♦ Meridian, Idaho 83642 ♦ Tel.: 208-871-6842 KENT BROWN PLANNING SERVICES January 18, 2016 Planning and Zoning, City Council Meridian City Hall 33 E. Broadway Ave Meridian, ID 83642 RE: Comprehensive Plan Map Amendment Gentlemen: Respectfully request the City of Meridian approval to amend the Comprehensive Plan map from Office Designation to Medium High Residential Designation. The site is located at 2662 E Magic view Drive being on the north side of East Magic at the intersection of S Wells Street and E. Magic View Drive. The adjacent planned uses and existing uses are as follows: To the North is Greenhill Estates Subdivision located in Ada County (RUT) with single family housing and has Meridian's Comprehensive Plan designation of Low Density Residential. To the East is the Waverly Place Subdivision located in Meridian City with a R-8 zone and duplex single family housing and has Meridian Comprehensive Plan designation of Medium Density Residential. To the South is Magic View Subdivision located in Ada County with RUT zoning and existing single family housing and has Meridian Comprehensive Plan designation of Office and Commercial. To the East is Magic View Subdivision located in Ada County with RUT zoning and one existing single family home and has Meridian Comprehensive Plan designation of Office. 3161 Springwood Dr ♦ Meridian, Idaho 83642 ♦ Tel.: 208-871-6842 uses and property is located in area mapped for Office uses. When originally approved the Waverly Place Subdivision, located to the west of our site also had an Office designation. However, at that time residential uses were allowed in office zones like LO with a conditional use permit. Since that time residential elements have been removed from LO zoning. In either case an office or higher residential development must still be compatible with its neighbors. Which we have done in the Pope's Garden site plan, with the use townhome type buildings along are northerly boundary with bedrooms on the second floor. We have also increased the building setback from those buildings to our property line. There is a street between us and Waverly Place Subdivision. hi summary the area on the northside of Magic View Drive is one of those transitional areas between lower density residential and commercial uses. Whether done with office or high density residential the goal is the same. Provide transitional area between the commercial and residential uses we have done that with the Pope's Garden Plan. If there are any questions please feel free to call me. Sincerely, Kent Brown, Planner KENT BROWN PLANNING SERVICES January 18, 2016 Planning and Zoning, City Council Meridian City Hall 33 E. Broadway Ave Meridian, ID 83642 RE: Conditional Use and Preliminary Plat Application for Pope's Garden Dear Commissioners and Council Members: On behalf of Iron Mountain Real Estate, Inc. hereby applies for Conditional Use and Preliminary Plat application for 20 buildable lots and 4 common lots and one cross access and parking lot. This development is located at 2662 E. Magic View Drive, on 5.28 acres. The property is part of the platted Magic View Subdivision, a residential subdivision that has rapidly experience redevelopment in the Pope's Garden is proposed as a Multi -family development with 25 lots. There is two types of buildings being proposed 16 of these buildings have two units up and two units down. These buildings are all located to the south. The three four-plexes and one triplex along the northerly boundary of the development are townhouse style units. These townhouse units have living spaces downstairs and bedrooms upstairs. I believe these types of units help us to be a better neighbor to the three residential houses to the north of us. In addition we have designed the site to increase the space from the back of those units to 25 feet away from the shared property line between the townhomes and neighbors to the north. hi general the location of these townhouses are in the same location that the current Ada County Zoning code would allow someone to build two story building today. There are a total of 79 units total; one unit will be retained as an onsite property management office. This management office will also be used as onsite storage for use by the property manager (for ice - melt, lawnmowers, maintenance items, etc.). Parking for Pope's Garden will have ratio of two parking stalls per unit, for a total of 158 stalls. Of these 135 will be standard 9'x17' parking stalls, and 4 will be HCAP van accessible stalls. There is 19 compact stalls and two 7 Rack bike racks. Each unit will have one assigned stall underneath a carport. The development will have two entrances one from a required extension of S. Hickory Way between our site and Waverly Place Subdivision and the other from E. Magic View Drive. Pope's Garden is currently located in Ada County with a RUT and we are seeking annexation into the City limits of Meridian to an R-15 zone. The uses and zoning surrounding the site are; RUT to north and south and cast with, R-8 zone to the west. The gross density of the site is 14.96 units per acre. Utilities for the site will be supplied by; Water by Meridian City Water, Sewer by Meridian City Sewer, School District by Meridian, Fire by Meridian, and Irrigation by Nampa/Meridian Irrigation District. 3161 Springwood Dr ♦ Meridian, Idaho 83642 ♦ Tel.: 208-871-6842 Amenities for Pope's Garden will be; a grassy play area and tot lot, sport court for basketball and hardscaped plaza for sitting and flagpole. We thank you for your help; if you have any questions feel free to contact me. Sincerely, Kent Brown, Planner MERI. 0 MR 3E VIOL L 3 2) ma 0 uw CD N 0 January 18, 2016 ANNEXATION DESCRIPTION FOR POPE'S GARDEN SUBDIVISION Lot 5 of the Amended Magic View Subdivision as filed in Book 52 of Plats at Pages 4,443 through 4,446, records of Ada County, Idaho located in the SW of the NE1/4 of Section 17, T.3N., R.1 E., B.M, Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the E114 corner of said Section 17 from which the NE corner of said Section 17 bears North 00°22'14" West, 2652.90 feet; thence along the East boundary line of said Section 17 North 00°22'14" West, 1326.33 feet to the N1/16 corner of said Section 17, said point being the NE corner of said Amended Magic View Subdivision; thence along the North boundary line of said Amended Magic View Subdivision North 89°57'30" West, 1,621.68 feet to the NE corner of said Lot 5, said point being the REAL POINT OF BEGINNING; thence along the exterior boundary line of said Lot 5 the following 6 courses and distances: thence South 00°18'51" East, 472.98 feet; thence North 83°09'54" West, 235.29 feet; thence South 16°49'21" West, 83.49 feet; thence North 80°08'34" West, 233.86 feet; thence North 02015'12" East, 485.57 feet; thence South 89°57'30" East, 466.50 feet to the REAL POINT OF BEGINNING. Containing 5.28 acres, more or less. S. 8 S. 9 S. 17 S. 16 a 3 r GREENHILL ESTATES SUB, NO. 2 0 BLOCK 6 N89'57'30"W m z O O 1621.88'cn i N N _S89'57'30"E 466.50'_ _ _ _ O ? o N 1/16 m N 16 C4I LlD REAL POINT j rn l jD z iOF BEGINNING W I o 17 I I 18 I i 1/4 S. 17 S. -16 m In 19 iN w I � Io to C) C47 OL 0 20 w � W } 0 , POPE'S GARDEN SUBDIVISION IJ 5; M I 5.28 ACRES Im 0 O Of 21 N y. 0 4 ?� �Z O IN 0 101 W 22 I 1 0 Z W m Q 23 I ----------------- I I 516'49'21"W % _ _ i 83.49' � N83'09 - _ _ W 235.29' E. _MAGI -_ l ------------- __ N80•p-VIEW= -------------------- W dV 0 SkRl:L 7 7 29 r TF OF �' RY G. G Pi IDAHO1450 E. WATERTOWER ST. SURVEY SUITE 30 MERIDIIAN. IDAHO 83642 1206' 646570 GROUP, P.C. 25 100 300 0 50 200 SCALE: 1" = 100' EXHIBIT DRAWING FOR POPE'S GARDEN SUB. ANNEXATION LOT 5 OF AMENDED MAGIC VIEW SUBDIVISION, LOCATED IN THE SW Y4 OF THE NE Y OF SECTION 17, T.M., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO 15-252 1/18/2016 IDAHO SURVEY GROUP January 18, 2016 CLOSURE SHEET FOR POPE'S GARDEN SUBDIVISION ANNEXATION DESCRIPTION Course: South 00°18'51" East Course: North 83009'54" West Course: South 16°49'21" West Course: North 80008'34" West Course: North 02015'12" East Course: South 89057'30" East Distance: 472.98' Distance: 235.29' Distance: 83.49' Distance: 233.86' Distance: 485.57' Distance: 466.50' Perimeter: 1,977.70' 1450 East Watertower St Suite 130 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884.5399 Area: 230,110 s.f. 5.28 acres Mathematical Closure - (Uses Survey Units) Error of Closure: 0.0041 Course: North 50023'46" West Precision 1:482,366 Prepared by: Idaho Survey Group, P.C. 7729 /110/1& Gregory G tare, P.L.S. S:\ISG Projects\Magic View Apts Bndy-topo 15-252\Documents\Hnnexation CLOSURESAf ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 i BOISE IDAHO 02/17112 03:63 PM DEPUTY Lisa Balt III �'lll�llll�lll�ll'IIII'III'I II"II RECORDED -REQUEST OF 112014954 Finch 8 Assoc RECORDATION REQUESTED BY: Brooke A- O'Neil Finch & Associates Law Office, PA 103 W. Idaho St Boise, M 83702 Ph: 208-385-NOO Fax: 208-289-2186 SEND TAX NOTICES TO: Ilerless McMikle 2662 E. Magic View Dr. Meridian, BJ 83642 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by Harless McMikle, as Persono Representative qff the Estate of Beulah Onesta Popp, deceased, Grantor, in equal slyA es to"Harless McMikledd2662 E. Magic View Drive, Meridit ID 83642;IClayne McMikle,7'A Loreen CL, Boise, Idaho 83709, and Arthur Lynn Popp, 1690 N.E. Parkside Drive, Hillsboro, OR 97124, as Tenants in Common. WHEREAS, Grantor is the qualified Personal Representative of said estate, filed as Case No. CV IE 11-03514 in the District Court of the Fourth Judicial District of the State of Idaho in and for the County o f Ada; and THEREFORE, for valuable consideration received, Grantor distributes and conveys to Grantees Decedent's interest in the following described real property in Ada County, Idaho: Lot 5 of Amended Magic View Subdivision, according to the official plat thereof, filed in Book 52 of Pats at pages 4445 and 4446, amended by affidavits recorded June 13, 1984, May 28, 1996, and November 21, 2007, under Instrument Nos. 8429311, 96044575, and 107156307, Official Records of Ada County, Idaho Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining; and subject to all easements and rights of way of record or appearing on the land. More commonly known as 2662 E. Magic View Drive, Meridian, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees, and Grantee's heirs and assigns forever. DATED this _3- day of February, 2012. HAIWESS MCMIKLE Personal Representative of the Estate of BEULAH ONESTA POPP PERSONAL REPRESENTATIVE'S DEED - Page 1 STATE OF IDAHO ) ) ss. County of Ada ) On this 3rd day of February, 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared HARLESS McMIKLE, known to me to be the person whose name is subscribed to the within instrument as the Personal Representative of the Estate of BEULAH ONESTA POPP, and acknowledged to me that he executed the same as such Personal Representative. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �101',IR t/•� pUBL1C� OF ID PERSONAL REPRESENTATIVE'S DEED - Page 2 T \-2/'�ff NOTARY PUB I� C� O Residing at 0 .Idaho My commission expires: L1 J W> e aw-I Cr LJ N i ^ 'I. 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T ©� \\ _ \ s - { 2i • - - y t Li Is ),\ Inc Y. 2 7 � IWESTCOR LAND TITLE 14SQPANCE COMPANY ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCORLAND TITLE INSURANCE COMPANY Westeor Land Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliancewith the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: ID1003'15260610 TitleOne Corporation 1101 W. River Street, Suite 201 Boise, ID 83702 WESTCOR LAND TITLE 4p43T1N Tb`L'r TITLE INSURANCE COMPANY By. ITV aOVVKAA H'•+Iw= a resident o mVN/,� debrst� ooQ Attest: Secretary CONDITIONS 1. The term mortgage, when used herein, shaII include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverageof the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount oflnsurance is $2, 000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http: //www. alta. org. �J TitleOne a title & escrow co. Privacy Policy Notice June 30, 2001 Dear TitleOne Corporation Customer: TitleOne Corporation 1101 W. River Street, Suite 201 Boise, ID 83702 (208)424-8511 www.titleoneoorp.com The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes title insurance agencies. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The following statement is the privacy policy of TitleOne Corporation: What kinds of information we collect. Most of TitleOne Corporation's business is title insurance and escrow services. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. We then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balance, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write us. How we use this information. TitleOne Corporation does not share your information with marketers outside its own family of companies. There is no need to tell us to keep your information to ourselves because we share your information only to provide service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products and services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. WESTGOR LAND TITLE INSURANCE COMPANY Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC) values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform theirjobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. File Number: 15260610 TitleOne Corporation 0, Authorized Agent for: TitleOne Westcor Land Title Insurance Company a title & "110. co. SCHEDULE A 1. Effective Date: October 22, 2015 at 07:30 AM 2. Policy or Policies to be issued: ALTA Commitment (6117106) Revision: November; 5, 2015 Changes Highlighted in Yellow. X ALTA Owners Policy (6117106) Extended Coverage Policy Amount: $182,500.00 Proposed Insured: Premium: $1,281.00 Biltmore Company, LLC Endorsements: None Requested Charge: $0.00 Extended Portion of Premium: $427.00 X ALTA Loan Policy (6117106) Extended Coverage Policy Amount: $130,000.00 Proposed Insured: Premium: $75.00 Banner Bank, its successors and/or assigns as their respective interests may appear Endorsements: ALTA 6-06 - Variable Rate Mortgage $25.00 Charge: $300.00 ALTA 8.1-06 -Environmental Liens (Modified) $50.00 ALTA 9-06 - Restrictions $35.00 ALTA 17-06 - Access and Entry $70.00 ALTA 22-06 - Location (Lenders) $0.00 Misc. Deletion of Arbitration $0.00 ALTA 9.6-06 - Private Rights (Extended Coverage) $70.00 ALTA 39-06 - Policy Authentication $50.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Friedrich Deller, an unmarried man 5. The land referred to in this Commitment is described as follows: See Attached Schedule C TitleOne Corporation By: Ave - Joseph fJoseph Gropp, Authorized Signatory File Number: 15260610 SCHEDULE B-1 Requirements The following are to be complied with: ALTA Commitment (6117106) 1. The Company will require delivery of and approval by the Company of an Indemnity and Affidavit as to Debts, Liens and Possession, prior to the issuance of the policy. 2. The Company will require that an ALTAIACSM survey of the land be submitted. It is recommended that the surveyor contact this company prior to starting the survey. 3. Because of the provision of the Idaho Homestead law (Chapter 10, Title 55, I.C.), the Company will require: (a) the personal execution and acknowledgement of any deed, deed of trust, mortgage or special power of attorney to convey or encumber the homestead by the vested owner and spouse, if any; or (b) an affidavit, signed by the vested owner and spouse, if applicable, which states (i) that the land described herein is not their principal residence; (ii) the land is not claimed as homestead property; and (iii) their principal residence is located elsewhere, and, if applicable, the vested owner is not married. 4. The Company will require a copy of the Operating Agreement, with all amendments and assignments, and a resolution from the members of Biltmore Company LLC, an Idaho limited liability company showing the power and authority of the party or parties who plan to execute the forthcoming conveyance or mortgage on behalf of said limited liability company. 5. A Warranty Deed from Friedrich Dollar, an unmarried man to Biltmore Company LLC. 6. Deed of Trust or Mortgage securing the loan. NOTE: If a Deed of Trust is contemplated as a part of this transaction, the correct name to be entered as the Trustee is: TitleOne Corporation 7. NOTE: The only deed(s) affecting said land, which recorded within 24 months of the date of this report, or the last recorded vesting deed, is (are) as follows: Document: Warranty Deed Grantor: Brent Evans and Misty Evans, husband and wife Grantee: Friedrich Deller, an unmarried man Recorded: November 9, 2006 Instrument No.: 106177001, records of Ada County, Idaho. 8. NOTE: According to the available records, the purported address of said land is: 1402 and 1410 N Allumbaugh Street Boise, Idaho 83704 9. NOTE: Additional Underlying Documents. To view the MAP(s) click here. To view the VESTING DEED(s) click here. File Number: 15260610 ALTA Commitment (6117106) SCHEDULE B -II Exceptions From Coverage Note: The Policy (or Policies) may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. Any policy we issue will have the following Exceptions unless they are taken care of to our satisfaction. If the Company's requirements are satisfied, Exceptions 1 through 6 will be removed on Enhanced/Extended coverage policies. Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. 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 that is not shown by the Public Records. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and 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 to title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special 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. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings whether or not shown by the records of such agency, or by the public records. 7. Taxes, including any assessments collected therewith, for the year 2015 which are a lien not yet due and payable. Taxes for the year 2014 are paid in full. Parcel Number: 51007212656 Original Amount: $2,829.18 Taxes for the year 2014 are paid in full. Parcel Number: 51007212666 Original Amount: $1,336.46 NOTE: To view said Taxes click here. 8. The land described herein is located within the boundaries of Boise City (208.384.3735) and is subject to any assessments levied thereby. 9. The land described herein is located within the boundaries of Nampa -Meridian Irrigation District (208.466.7861) and is subject to any assessments levied thereby. 10. The land described herein is located within the boundaries of West Boise Sewer District (208-375.8521) and is subject to any assessments levied thereby. 11. Right-of-way for N. Allumbaugh Street. 12. Terms and provisions contained in a Right -of -Way Agreement by and between States Investments and Boise Water Corporation. Recorded: September 14,1989 Instrument No.: 8944483, records of Ada County, Idaho. NOTE: To view said document(s) click here. File Number: 15260610 ALTA Commitment (6117106) 13. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 3668 recorded September 23,1996 as Instrument No. 86079271, records of Ada County, Idaho. NOTE: To view said document(s) click here. 14. A Deed of Trust to secure an indebtedness in the amount shown below and any other obligations secured thereby: Amount: $213,000.00 Trustor/Grantor: Brent Evans and Misty Evans Trustee: Transnation Title & Escrow, Inc. Beneficiary: Royal Fork Restaurant Corporation Dated: November 19, 2005 Recorded: October 20, 2005 Instrument No.: 105157542, records of Ada County, Idaho; An Assignment and Assumption of Note & Deed of Trust to modify the terms and provisions of said deed of trust as therein provided. Assignor: Brent Evans and Misty Evans, husband and wife Assignee: Friedrich Deller Lender: Royal Fork Restaurant Corporation Recorded: November 9, 2006 Instrument No.: 106177002, records of Ada County, Idaho. NOTE: To view said document(s) click here. 15. A Deed of Trust to secure an indebtedness in the amount shown below and any other obligations secured thereby: Amount: $163,000.00 Trustor/Grantor. Friedrich Deller, an unmarried man, as separate property Trustee: Lawyers Title of Treasure Valley Beneficiary: Mountain West Bank Dated: January 25, 2007 Recorded: February 1, 2007 Instrument No.: 107015600, records of Ada County, Idaho. NOTE: To view said document(s) click here. 16. Assignment of Rents Assignor: Friedrich Deller, as separate property Assignee: Mountain West Bank Recorded: February 16, 2007 Instrument No.: 107023358, records of Ada County, Idaho. NOTE: To view said document(s) click here. 17. Terms and provisions contained in a Memorandum of Prenuptial Agreement by and between Friedrich Deller and Michele M. Roddenberry. Recorded: May 13,2010 Instrument No.: 110044041, records of Ada County, Idaho. NOTE: To view said document(s) click here. 18. Rights of tenants in possession, as tenants only, under prior unrecorded leases. (End of Eccepdons) File Number: 15260610 SCHEDULE C Legal Description: ALTA Commitment (6117106) That portion of the Northwest quarter of Section 7, Township 3 North, Range 2 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a point at the Southwest comer of the West half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 7, Township 3 North, Range 2 East, Boise Meridian, Ada County, Idaho; thence running East 214 feet to an iron stake or pipe; thence North 252 feet; thence West 214 feet; thence South 252 feet to the Point of Beginning. Excepting 25 feet off the West side for a roadway. TitleOne a title $ tscmV, CO, TitleOne Corporation Authorized Agent for: Westcor Land Title Insurance Company File Number: 15260610 Contact Information We would like to thank you for your business and we appreciate the opportunity to serve you. The title commitment has been sent to the parties listed below. If you have any closing questions, please contact your Escrow team: Camille VanScoy Address: 1940 S. Bonito Way, Suite 190 Meridian, ID 83642 Email: cvanscoy@titleonecorp.com Phone: (208) 493-6346 Fax: (866) 883-8457 If you have any title questions, please contact your Title Officer: Joseph Gropp Address: 1101 W. River Street, Suite 201 Boise, ID 83702 Email: jgropp@titleonecorp.com Phone: (208)947-1538 Fax: (866)638-6981 Alec Cinddch Address: 1940 S. Bonito Way, Suite 190 Meridian, ID 83642 Email: acindrich@ttleonecorp.com Phone: Fax: AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA L 14artecc MrMikta 12158 W. Silverking Crt. Boise (name) Idaho (address) (City) (state) being fust duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: KENT BROWN 3151 SPRINGWOOD DR MERIDIAN ID (name) (address) to submit the accompanying application(s) 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 property which is the subject of the application. 3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated Chic,__ 14 day of_Derember 201 W __ (Signature) SUBSCRIBED AND SWORN to before me the day,And_yeat,,hrst above written,,,.--'" ✓ (Notary ldah Residing at: nL yet t M Commission Ex ires: - o l .y r ir.pil U, }' P 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org 1/18+2016 s "• vvt RE: Meridian new application 2 messages Mindy Wallace <Mwailace@achdidaho.org> To: Kent brown <kentlkb@gmail.com> Kent, Gmai - RE Muidw tier+✓ appiica6an A traffic impact study is not required for this application. Please let me know if you have any questions. Mindy Wallace, AIGP Planner III Development Services From: kent brown [kentlkb@gmail:com] Sent Friday, January 15, 2016 4:06 PM To: Mindy Wallace Subject Re: Meridian new application Sorry 79 one manager unit and 78 apartments kent brown <kentlkb@gmail.com> Man, Jan 18, 2016 at 7:14 AM On Fri, Jan 15, 2016 at 3:31 PM, Mindy Wallace <Mwallace@achdidaho.org> wrote: Kent, How many units? Mindy Mindy Wallace, AIGP Planner III Ada County Highway District 208-387-6178 WPP:/imail.904eCMIMaiVW01?Ii=2&ik=albD2cp2aa&view=pt8search=robe&th=15247462e6f822b3&simi=1525515eh9Poa8Msiml=152552a91e73bcof 112 1/1&'1016 Gm4l -.RE Mardian new application From: kent brown [mailto,kentlkb@gmail.com] Sent: Friday, January 15, 2016 2:52 PM To: Mindy Wallace Subject: Meridian new application Mindy On one of my applications to the city of Meridian they are asking me to provide them with something In writing from you as to whether ACHD wants a traffic study from this application. Can you help me out. Kent kent brawn <kentikb@gmail.com> To: Mindy Wallace <Mwallace@achdidaho.org> Than ks Mindy Kent [Quoted text hidden] Mon, Jan 18, 2016 at 7:36 AM httpsJtmail., ooge.com/mail/LVU-r=2&ik=albO2do2w&viev=pi3search=inbox&h=15247462e6M22b3 mi=1525515eb9ba803Uiml=152552a91e73bcOi 2/2 Enter Ow first letter or letters of a snbdivieioo name below to warch e0rtlnp names, iM rellMntl 9udllNYlnn n@m@Yw@re(euntl esytelnlXXmwpq glmllgn tg "notlF' Fenvn nem 910 er]BrY902 YAI20ca Mososrso6.,. ory ... .lw—.aPorn. pry+nnrvn,... weparnn ma I..rta Pov¢B eKo9l are Ivlamia BRewn ✓Ex. I.ro MlWM tleOu. p¢ a5a9aele4Y0e+mee,IAXO OC MAm[vnw xwH160alle zeea E. mnale nOwM W+%il¢LB BrO A/&APoO A9/ALA9Aa Ma WY619FPx E.."1XE 11.., toorr0. 9orooe r..i e...aprl9Mpacf9.aeta xtle caunryvan x.a �^�^� CITTY OF MERIDIAN ME-AfepucAmit)N IVIEFTING No'rFs Project/Subdivision Name: City Staff. Comprehensive Plan FLUM Designation; Office Design Guidelines Development Context: ❑ Urban Existing Use: lural residential Proposed Use Multi -family residential }-�itixGs Surrounding Uses: Residential Street Buffer(s) and/or Land Use Huffegs): NA Open SpacelAmenfties/Pathways: _ Access/Stub Streets/Street System: been improved Lco it-fc4or) Waterways/ Floodplain/Topography; History: Lot 5, Magic View Subdiv Additional Meeting Notes: Date. 1113115 Size of Property: 5.28 ❑ Urban/Suburban ❑ Suburban ❑ Rural Existing Zoning: RUT to unitsIG/acrej - uiN r d 2• k� is arhf Proposed Zoning; R 15 No waterways crossthissite parcel is not in floodplain Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residenvai development with over 100 units, To avoid unnecessary delays & expedite She hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and orconditions on large pmiects may delay heanng(s) at the City. Please contact Mindy Wallace at 387- 6178 or CmistyLittle, at 387-6144 at ACHD for tnforrrationin regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: X Ada County Highway Dist. (ACHD) ❑ Nampa Meridian litigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other; Application(s) Required: ❑ Administrative Design Review Alternative Compliance X Annexation El City Council Review X Comprehensive Plan Amendment - Map Comprehensive Plan Amendment -Text X Conditional Use Permit ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Development Agreement Modification ❑ Short Plat Final Plat ❑ Time Extension R -Council Final Plat Modification ❑ UDC TextAmendment (❑ Planned Unit Development ❑ vacation X Preliminary Plat ❑ Variance ❑ Private Street ❑ Other Notes: t) Applicants are repaired to hold a neighborhood meeting in accord with UDC 11.5A -5C pdorto submittal of an application requinng a public hearing (except fora vacation or short plat); and 2) All applicants forpem its requiring apublic hearing shall post the site with a public heating notice in accord with UDC 11 -5A -5D.3 (except h r UDC text amendments, Comp Plan text amendments, andel vacations), The information provided during this meeting is based on current UDC requirements and the Comprehensive Flan. Any subsequent changes to the UDC andlor Comp Plan may affect your submittal anomrapplication. This pre -application meeting she# he valid for four (4) months. � ILIA Community Development Department ProjectlSubdivfson Nance: Applicant(s,)lConfaet{s): Development Services Division Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 (208�887-2211 Date, 6 r r, a t.ai �`� �� • a• Development ServicesSteff.—_ Sanitary Sewer Service. C W l�i— 4--cii+n� ->Y ii' L— J Domestic Water Reuse Water Watenwaysl Floodplain/TcpographylHamrds: GravitylPiessurized The C'tlytlfMeri�f2n'=_ Impraveme.�t $tandaNsdmStreet �gti8��g,catr be fau�w andn2al h�L4ttiwmentllenaNtorg� !'e vrZ�Cs:asox41tf=272 Additional Meeting Notes:- S t� A!_�t i . 1 �[_.......... .. CJ Cl N Mapping Provided: )� Y o Mapping Provided.. o Y )IN Provided o Y Provided: )( Y 0 N Q4AweiWe,4wu:iabcMuevmedwW�a�fon 65eatify{lbtfx_dxx u�, raoaxot<_ CM El IDIAN�-- Community Development Parcel Verification Date: 1/19/16 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Parcel Number: Acres: T/R/S: Property Owner Pope's Garden R5443010050 5.28 3N 1E 17 Hairless McMikle 12158 W. Silverking Ct. Boise, ID 83709 Address Verification Rev: 04/23/12 January 6, 2016 RE: Notice of Neighborhood Meeting for Pope's Garden Subdivision Dear Resident: Meridian City Code requires a meeting between the applicants of proposed applications to the city and land owners within 300 feet of the proposed property. This letter is notice of a meeting to review and discuss the details of the annexation and Multi -family subdivision at 2662 E Magic View. The applications to the city will be an annexation and preliminary plat. This is not a public hearing; public officials will not be present. If you have any questions regarding this Meridian City Code neighborhood meeting requirement, please contact the Development Services at (208) 884-5533. If you have questions regarding the application, please contact me, Kent Brown. Purpose: To review proposed Annexation, Comprehensive Plan Modification and Conditional Use and Preliminary plat of 5.3 acres at 2662 E. Magic View. When: Tuesday, January 12th, 2016 starting 6:30 pm Where: At Meridian City Hall conference room at 33 E Broadway Ave. Description: Annexation of 5.3 acres and Multi -Family Subdivision Preliminary plat If you have any questions about the meeting or the proposed development project, please contact: Kent Brown (208) 871-6842 Sincerely, L/Cs, Kent Brown Project Planner NEIGHBORHOOD MEETING FORM I'Oop 30 Start Time of Neighborhood Meeti ng: 90f l End Time of Neighborhood Meeting: Those in attendance please print your name and address. If no one attended, Applicant please write across this form "No one attended." PRINTED NAME ADDRESS, CITY, STATE. ZIP 3. ) iC-k LL 2%So MAa/c- 1Vi`c,-✓ nRi'lz 7. RC4-E R At /EBo a73� IS - M#q,e.YPdST 'Pt- EA 46 L8 83 616 9. 1C 11 12 12 14 1E 16. 17 1 I Neighborhood Meeting Form Page 2 of 3 S -/I c= &L/ TuPAI^j Lo `moi 7. RC4-E R At /EBo a73� IS - M#q,e.YPdST 'Pt- EA 46 L8 83 616 9. 1C 11 12 12 14 1E 16. 17 1 I Neighborhood Meeting Form Page 2 of 3 VICNITY MAP FOR POPES GARDEN SUBDIVISION A RESUBDIVISION OF LOT 5 OF AWENNDED MAGIC VIEW SUBDIVISION LYING IN THE NII 1/4 OF THE NE 1/4 OF SECTION 17 T.SN. R.19., B.Y. MERIDIAN, ADA COUNTY, IDAHO 2018 E. AUTUMN WAY o GREENHI L EST A S N GRE --NHILL E TATES IN OT 2 Y U ADA CDUN R-1 G EENH ETA S N AD COUNT' R-1 x vi 4 MAGIC VIEW SUB ME IDIAN CIT AA ADRUOUNTY C- U zo 0 MERID o Q I �EVy E MAGIC \qEW. ""wx"rxxµx. x��xxxxxrx ti ADA COUNTY W MAGIC VIEW SUB` L� k a RUT co ADA COUNTY y RUT o C VIEW SUB MERIDIAN C-G h ADA COUNTY RUT J I N Q *t- 7 ................................... ..... .................. VICINITY MAP 1 " = 300' COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. 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