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Application MFPHearing Date: August 16, 2016 File No.: H-2016-0087 Project Name: Creason Creek No. 1 Request: Request for a modification to the final plat for Creason Creek to alter the number of buildable and common lots, and to move the multi -use pedestrian pathway out of the Nampa Meridian Irrigation District's easement and into a common lot and to update the landscape plan, plat, and open space calculations, by ULC Management, LLC. Request: Request for a modification to the development agreement to allow the developer to receive four (4) building permits prior to recording a final plat. Location: The site is located near the southeast corner of N. Linder Rd. and W. Ustick Rd., in the NW'/4 of Section 1, Township 3N., Range 1W. (>WE IDIZ IANg— �J ECEIVE&4 JUL o 7 2016 BY: Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Projectname: Cf GkSON t / wo-" +V)Od File number(s): H-W1b-r-A'1f7 Assigned Planner: jy!5k Seaca k Related files: Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ Comprehensive Plan Map Amendment ❑ Short Plat ❑ Comprehensive Plan Text Amendment ❑ Time Extension: ❑ Conditional Use Permit Director/ Conrmission/Council (circle one) ❑ Conditional Use Modification ❑ UDC Text Amendment Director/Commission (circle one) ❑ Vacation: ❑ Development Agreement Modification Director/ Council (circle one) O Final Plat ❑ Variance ® Final Plat Modification ❑ Other Applicant Information Applicantname: Bob Unger, ULC Management, LLC Phone: 861-5220 Applicant address: 6104 N Gary Lane Email: bunger@ulcmanagement.com City: Boise State: Idaho Zip: 83714 Applicant's interest in property: 17 Own ❑ Rent El Optioned ❑ Other Owner name: CS2, LLC Owner address: 8921 W Hackamore Drive City: Boise Phone: 629-7333 Email: tory@amcworks.com State: Idaho Zip: 83709 Agent/Contact name (e.g., architect, engineer, developer, representative): Bob Unger Firm name: ULC Management, LLC Owner address: 6104 N Gary Lane City: Boise Primary contact is: ❑ Applicant ❑ Owner El Agent/Contact Subject Property Information Phone: 861-5220 Email: bunger@ulcmanagement.com State: Idaho Zip: 83714 Location/street address: South east corner Linder & Ustick Township, range, section: 3N, 1 W, Sect 1 Assessor's parcel number(s): S1201223045, 3065, 3150, Total acreage: 15.75 Zoning district: RUT 3200 Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854%�iNiv.ntcridiancilv.ore/plamrine -1- (Ren. 06%1212014) Project/subdivision name: Creason Creek Subdivision No. 1 General description of proposed project/request: Proposed zoning district(s): R-8 Acres of each zone proposed: 15.75 Type of use proposed (check all that apply): O Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? HOA Which irrigation district does this property lie within? Nampa Meridian Irrigation District Primary irrigation source: Nampa Meridian Secondary: Meridian 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: 34 Number of building lots: 34 Number of common lots: 6 Number of other lots: 0 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): 1,600 sf Minimum property size (s.t): 6,500 sf Average property size (s.f): 7,000 sf Maximum building height: 28' Gross density (Per UDC I I -IA-1): 3.23 Net density (Per UDC 11-1 A-1): 4.59 Acreage of qualified open space: 4.65 Percentage of qualified open space: -30 Type and calculations of qualified open space provided in acres (Per UDC 11-3G-313): 3 common lots (2.82 AC) Amenities provided with this development (if applicable): Pon1e shelter, pleas, tables, Playground equipment, park benches, and a nature park. Type of dwelling(s) proposed: O Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi-faraily ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Common lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Existing (if applicable): Building height: Number of compact spaces provided: Authorization Print applicant name: Robert S. Unger,, LC Management, LLC Applicant signature: Date: 6/29/2016 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orgPolannine -2- (Ren 06Q212014) M A N A G E M E N T TO: Meridian City Council 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 DATE: July 5, 2016 RE: Creason Creek Subdivision — Final Plat Modification of FP (H-2016-0022) On behalf of CS2, LLC, we are submitting this Final Plat Amendment Application for Creason Creek Subdivision. The site is 15.75 acres in size and located at the southeast corner of W. Ustick Road and N. Linder Road, Meridian, Idaho. Due to ACHD drainage requirements, we are amending our Final Plat to convert Lot 4, Block 1 to a common lot / drainage facility and relocating the proposed pathway out of the Nampa -Meridian Irrigation easement. Statements of Conformance: We agree to conform to with the approved preliminary plat as amended by this Final Plat Application and agree meet all requirements or conditions thereof. We agree to conform to all requirements and provisions of the UDC. We agree to conform to acceptable engineering, architectural and surveying practices and local standards. We look forward to working with you and your staff on this project and request your approval. If you have any questions or concerns please contact me at (208) 861-5220. Sincerely, Robert C. Unger Manager ULC MANAGEMENT • 6104 N. GARY LANE • BOISE, IDAHO 83714 (208) 861-5220 • BUNGER Q@ULCMANAGEMENT.COM Legal Description Creason Creek No. 1 Subdivision A parcel located in Government Lot 4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northwest corner of said Government Lot 4, from which a Brass Cap monument marking the northeast corner of Government Lot 3 of said Section 1 bears S 88043'02" E a distance of 2662.34 feet; Thence S 88°43'02" E along the northerly boundary of said Government Lot 4 a distance of 666.54 feet to a point; Thence leaving said northerly boundary S 0016'58" W a distance of 45.00 feet to a 5/8 inch diameter iron pin on the southerly right-of-way of W. Ustick Road and the POINT OF BEGINNING; Thence S 88°43'02" E along said southerly right-of-way a distance of 320.98 feet to a 5/8 inch diameter iron pin on the westerly boundary of Southwick Subdivision as shown in Book 101 of Plats on Pages 13213 thru 13217, records of Ada County, Idaho; Thence S 0040'08" W along said westerly boundary a distance of 1311.82 feet to a 5/8 inch diameter iron pin on the northerly boundary of Meridian Park Subdivision No. 1 as shown in Book 47 of Plats on Pages 3856 and 3857, records of Ada County, Idaho; Thence N 89°17'55" W along said northerly boundary a distance of 183.88 feet to a 5/8 inch diameter iron pin; Thence continuing along said boundary and the easterly boundary of Sheri Lynn Subdivision as shown in Book 48 of Plats on Pages 3891 and 3892, records of Ada County, Idaho, N 0040'12" E a distance of 225.77 feet to a 5/8 inch diameter iron pin marking the northeast corner of said Sheri Lynn Subdivision; Thence N 89°06'35" W along the northerly boundary of said Sheri Lynn Subdivision a distance of 84.03 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary N 63003'02" W a distance of 151.60 feet to a 5/8 inch diameter iron pin; Thence N 0°36'19" E a distance of 38.43 feet to a 5/8 inch diameter iron pin; Thence S 88°56'02" E a distance of 120.00 feet to a 5/8 inch diameter iron pin; Thence N 0°36'19" E a distance of 119.00 feet to a 5/8 inch diameter iron pin; Thence N 1005'18" W a distance of 46.03 feet to a 5/8 inch diameter iron pin; Thence N 0036'19" E a distance of 184.44 feet to a 5/8 inch diameter iron pin; Thence N 89°18'03" W a distance of 28.10 feet to a 5/8 inch diameter iron pin; + ,.. rlu.i7r�it5 Cresson Creek Subdivision �uaa S�Ins and Conau+ang Job No. 15-35 Page 1 of 2 Thence N 0°00'54" E a distance of 634.91 feet to the POINT OF BEGINNING. This parcel contains 8.72 acres. p, 1. LAND q Clinton W. Hansen, PLS 55 s T R 9� Land Solutions, PC Q January 6, 2016a $ 0 I 16 (16 z 0 <11 9T1 O F 2T0N W .NPP r Cmason Creek Subdivision Job No. 15-35 La Sun-png and conmiwy Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich 2016-002727 BOISE IDAHO Pgs=5 LISA BATT 01/12/2016 02:41 PM FIDELITY NATIONAL TITLE - BOISE $22.00 *Fidelity National Title' Order No.: 1083171-nbl WARRANTY DEED FOR VALUE RECEIVED Mary L Sturm as Personal Representative of the Estate of James Richard Kellogg, deceased, Probate Case No. CV IE 2012-13181 GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: CS2, LLC, an Idaho limited liability company GRANTEES(s), whose current address is: 8923 W Hackamore Drive, Boise, ID 83709 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 owner(s) 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 irrigation 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. Effective this f ( day of January, 2016 Estate of James Richard Kellogg By: Mary L St m Its: Personal Representative Order No. 1083171-nb1 Deed -Warranty 1/8/16 11:50 AM Order No. 1083171-nbl State of Idaho County of On this // day of January, 2016, before me the undersigned, a Notary Public in and for said state, personally appeared Mary L Sturm known or identified to me to be the person(s) whose nam is re subscribed to the within instrument as the Personal Representative of Estate of James Richard Kellogg and acknowledged to me that Mary L Sturm executed the same as such Personal Representative. . Notary Public Name: _ Residing at My Commission Expires: Brack G. Condie Residing at: Boise, Idaho Commission expires: 02/02/2020 Order No. 1083171-nbl Deed -warranty �'•.,�OF IDAN• 1/8/16 11:50 AM EXHIBIT"A" Parcel I: Order No. 1083171-nbl Commencing at the Section corner common to Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian, and to Sections 35 and 36, Township 4 North, Range 1 West, Boise Meridian, thence South 88057'50" East 665.57 feet along the Section line, to a point being the Northeast corner of the North one half of the West one half of Government Lot 4 of said Section 1, thence South 00012'30" East, 30.00 feet to the Southerly line of West Ustick Road, and the TRUE POINT OF BEGINNING; thence South 88057'50" East along the Southerly line of West Ustick Road 137.42 feet; thence South 00026'00" West, 650.67 feet; thence North 89009'10" West, 130.12 feet to the Southeast corner of said North half of the West half of Government Lot 4; thence North 00012'30" West, 651.20 feet to the POINT OF BEGINNING. Excepting therefrom that portion as deeded to Ada County Highway District, by Warranty Deed recorded October 10, 2008, as Instrument No. 108113174, of Official Records of Ada County, Idaho, and more particularly described as: A Parcel of land situated in Government Lot 4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and said Parcel also being a portion of that property description shown as Exhibit "A" in that commitment for Title Insurance issued by First American Title Insurance Company, File Number 278828, Dated December 26, 2006, being more particularly described as follows: Commencing at a brass cap monument marking the Northwest corner of said Section 1, from which a brass cap monument marking the Southwest corner of the Northwest 1/4 of Section 1 (West 1/4 comer) bears South 000100" East a distance of 2699.27 feet as shown on the construction plans for Ada County Highway District, Project Ustick Road and Linder Road Intersection, Project No. 305048, Records of Ada County Highway District, thence South 88042'54" East, 665.57 feet (formerly South 88057'50" East) along the North boundary of said Government Lot 4 and centerline of Ustick Road to the Northeast corner of the North 1/2 of the West 1/2 of said Government Lot 4, thence South 0002'26" West, 30.00 feet (formerly South 0012'30" East, 30.00') along the East boundary of said North 1/2 of the West 1/2 to the right-of-way boundary of Ustick Road, said point being the REAL POINT OF BEGINNING. thence South 88042'54" East, 137.42 feet (formerly South 88057'50" East, 137.42') parallel to the North boundary of said Govemment Lot 4 and centerline of Ustick Road to a point on the East boundary of said description; thence South 0040'54" West, 15.01 feet (formerly South 0026'00" West) along said East boundary to a point lying 45.00 feet from the North boundary of said Government Lot 4; thence North 88042'54" West, 137.25 feet parallel to the North boundary of said Government Order No. 3083171-nbl Deed -Warranty 1/8/16 11:50 AM Order No. 1083171-nbl Lot 4 and centerline of Ustick Road to a point on the West boundary of said description; thence North 0002'26" East, 15.01 feet (formerly North 0012'30" West) along said west boundary to the REAL POINT OF BEGINNING. Parcel II: A Tract of ground in Lot 4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian, and to Sections 35 and 36, Township 4 North, Range 1 West, Boise Meridian, thence South 8857'50" East along the Section line, 987.03 feet to a point; thence South 0025'20" West, 30.00 feet to a steel pin, the REAL POINT OF BEGINNING; thence South 0025'20" West, 1330.19 feet to a steel pin; thence North 89020'30" West, 183.90 feet to a steel pin; thence North 0026' East, 1331.40 feet to a steel pin; thence South 88057'50" East, 183.63 feet to the REAL POINT OF BEGINNING. Excepting therefrom that portion as deeded to Ada County Highway District, by Warranty Deed recorded October 10, 2008, as Instrument No. 108113174, of Official Records of Ada County, Idaho, and more particularly described as: A Parcel of land situated in Government Lot 4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and said Parcel also being a portion of that property as described in Correction Deed, filed as Instrument Number 769503, Records for Ada County, being more particularly described as follows: Commencing at a brass cap monument marking the Northwest corner of said Section 1, from which a brass cap monument marking the Southwest corner of the Northwest 1/4 of Section 1 (West 1/4 corner) bears South 0001'00" East a distance of 2699.27 feet as shown on the Construction plans for Ada County Highway District, Project Ustick Road and Linder Road Intersection, Project No 305048, Records of Ada County Highway District, thence South 88042'54" East, 987.03 feet (formerly South 8857'50" East, 983.03') along the North boundary of said Government Lot 4 and centerline of Ustick Road to a point, thence South 0040'16" West, 30.00 feet (formerly South 0025'20" East, 30.00') along the East boundary of said Correction Deed to the Southerly right-of-way of Ustick Road, said point being the REAL POINT OF BEGINNING. thence continuing South 0040'16" West, 15.00 feet (formerly South 0025'20" East) along said East boundary to a point; thence North 88042'54" West, 183.63 feet parallel to the North boundary of said Government Lot 4 and centerline of Ustick Road to a point on the West boundary of said Correction Deed; thence North 0040'54" East, 15.00 feet (formerly North 0026' East) along said West boundary to a point lying 30.00 feet from the North boundary of said Government Lot 4; thence South 88042'54" East, 183.63 feet parallel to the North boundary of said Government Lot 4 and centerline of Ustick Road to the REAL POINT OF BEGINNING. Order No. 1083171-nbl Deed -Warranty 1/8/16 11:50 AM Order No. 1083171-nbl Parcel III: A Tract of ground in Lot 4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a point on the Section line which bears South 0015'55" East, 683.43 feet from the Section corner common to Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian and to Sections 35 and 36, Township 4 North, Range 1 West, Boise Meridian; thence South 89009'10" East, 795.05 feet to a steel pin; thence South 0026' West, 226.89 feet to a steel pin; thence North 89013' West, 792.26 feet to a point on the Section line common to said Sections 1 and 2;thence North 0015'55" West along the Section line, 227.81 feet to the POINT OF BEGINNING. Initials yy� Initials i !, e, Order No. 1083171-nbl Deed -Warranty 1/8/16 11:50 AM 11bFidefity National Title Order No.: 1083171-nb1 FOR VALUE RECEIVED Order No. 1083171-nbl ADA COUNTY RECORDER Christopher D. Rich 2016-002726 BOISE IDAHO Pgs=3 LISA BATT 01112(2016 02:41 PM FIDELITY NATIONAL TITLE - BOISE $16.00 WARRANTY DEED C. R. Kellogg, who is also shown of record as Charles R Kellogg, a single man GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: CS2, LLC, an Idaho limited liability company GRANTEES(s), whose current address is: 8923 W Hackamore Drive, Boise, ID 83709 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 owner(s) 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 irrigation 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. Effective this day of January, 2016 R �r Charles R Kellogg Order No. 1083171-nbl Deed -Warranty 1/8116 11:50 AM State of Idaho County of A.15A Order No. 1083171-nbl On this 1 / day of January, 2016, before me the undersigned, a Notary Public in and for said state, personally appeared Charles R Kellogg known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that the executed the same. 0 G. co Notary Public Name: Residing at My Commission Expires: Brock C. Candie Residing at: Boise, Idaho Commission. exr`lm5:0210212020 Order No. 1083171-nb1 Deed -warranty S ' ' AUBLIC �''•; FOF ID p��•'�, 1(8/16 11:50 AM EXHIBIT "A" Parcel IV: Order No. 1083171-nbl A Tract of ground in Lot 4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a point on the Section line which bears South 0015'55" East, 1139.05 feet from the Section corner common to Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian, and to Section 35 and 36, Township, 4 North, Range 1 West, Boise Meridian, thence South 89017' East, 789.48 feet to a steel pin; thence North 0026' East, 226.86 feet to a steel pin; thence North 89013' West, 792.26 feet to a point on the Section line common to said Sections 1 and 2; thence South 0015'55" East, 227.81 feet to the POINT OF BEGINNING. Initials Initials Order No. 1083171-nbl Deed -Warranty 1/8/16 11:50 AM STATE OF IDAHO COUNTY OF ADA Boise AFFIDAVIT OF LEGAL INTEREST Swain, CS2, LLC (name) (city) being first duly sworn upon, oath, depose and say: 8921 W Hackamore Drive (address) Idaho (state) That I am the record owner of the property described on the attached, and I grant my permission to: Bob Unger, ULC Management 6104 N Gary Lane, Boise, Idaho (name) (address) to submit the accompanying application(s) pertaining to that property, 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein 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 11th day of February 20 16 gnature) SUBSCRIBED AND SWORN to before me the day and year first above written. ,• Vxxe ARcy •., 4; • NOTA R), t (Notary Public for Idaho) —•� Residing at:PAA•Meridian ,Idaho �: j'UBL1� ro Commis swnExpires:. JT •• •' •'a My Commission Expires: OF 33E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 8845533 • Facsimile: (208) 888-6854 0 Website: www.meridiaucity.oeu N A N O d C N y N T N 'O N P OR v 0 c D c� in CD cn 0 0 o� z m3 n dd � M cod d 0 m< < m9 Cl) m3 0 �; Z N - � 3 /<_/'�� N3 ll 09 Z O`H m~ mm c� Na o'" s D Z Zq Gd N� y� 03 OoOa r D01 r6 vu C" v� Os No 3 3 m J m w • u - v ( mss in' N. IINIINi PL._ mnrwt __ C 8a At Al! su#w aaS!, ss.f Fy€u•s s�W g�z =}y>v< w -'r3>, ,- dm`e.r ❑C�s an- c=xn s:�zmA;. ee�c n�a6 N=6 �c6 U E "ias'. 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US➢CK R I I OEMi d R rs mna ^8 116 11 Landscape Plan Cresson Creek E Preliminary Plat Subd'ovision Seg55£ m IF N 3 �q s9Y�'S g �4�5drt 4a 3 e � I 9 � N •.•. g B �.V i a x i E� •.. S E 6 g n 588'59'35"E 665.fi9' - I 4 e 4 0. m f�mryry •� x �e �. O a N89'96'35"W ]89.4] - I I OEMi d R ` � rs mna ^8 116 11 Landscape Plan Cresson Creek E Preliminary Plat Subd'ovision Seg55£ m IF N 3 �q s9Y�'S g �4�5drt 4a 3 ` � rs mna 116 11 Landscape Plan Cresson Creek E Preliminary Plat Subd'ovision aa.xew eaw a 1�� 0/1 0-/W E IDIAN;-- Community Development Parcel Verification Date: 6/17/15 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: Creason Creek Subdivision Parcel Number(s): 51201223045 (5.54 Acres) 51201223065 (1.95 Acres) 51201223150 (4.14 Acres) 51201223200 (4.12 Acres) T/R/S: 3N 1W 01 Property Owner: James Kellogg (1" three parcels listed) 5780 Hwy 95 Fruitland, ID 83619 CR Kellogg (4th parcel listed) 59403 rd Ave. Nampa, ID 83686 Address Verification Rev: 04/23/12