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ApplicationHearing Date: September 27, 2016 File No.: H-2016-0109 Project Name: Swindell Subdivision Request: Request for final plat consisting of 7 building lots, 1 common lot and 1 other lot on 20.03 acres of land in the C-C & C-G zoning districts, by Volante Investments, LLLP. Location: The site is located at the northwest corner of E. Overland Road and S. Locust Grove Road, in the SE ¼ of Section 18, Township 3N., Range 1E. C�IWEIDfZ IANC-- �J STAFF USE ONLY: Project name: w Filenumber(s): —9�-01 re - Assigned Planner: !!i;2,tq& A��e Type of Review Requested (check all that apply) Planning Division DEVELOPMENT REVIEW APPLICATION files: Rz 15 olI . R2-15-n1o; PP IS ol3j lb w IZ ❑ 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 ❑ 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 ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ® Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: Volante Investments, LLLP Phone: 887-7994 Applicant address: 3084 E. Lanark St. Email: bmilleravanauker.com City: Meridian State: ID Zip: 83642 Applicant's interest in property: ® Own ❑ Rent ❑ Optioned ❑ Other Ownername: Ronald W. Van Auker Phone: 887-7994 Owner address: 3084 E. Lanark St. Email: bmiller&a vanauker.com City: Meridian State: ID Zip: 83642 Agent/Contact name (e.g., architect, engineer, developer, representative): Matt M Munger/Cara Duskev Firm name: WHPacific, Inc. Phone: 342-5400 Agent address: 2141 W. Airport Way, Ste. 104 Email: cduskey-(a).whoacific.com City: Boise Primary contact is: ❑ Applicant ❑ Owner ❑ Agent/Contact State: ID Zip: 83705 Subject Property Information Location/street address: Off NW corner of Locust Grove and Overlandrownship, range, section: 3N., 1 E., 18 iti8449203, Sii184492os, siI�e449sso Total acreage: 20.03 Zoning district: C -C Assessor's parcel number(s); s Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/planning -I- (Rev. 0611212014) Project/subdivision name: General description of proposed project/request: Proposed zoning district(s): _ Acres of each zone proposed: N/A 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? Nampa Meridian Irrigation Which irrigation district does this property lie within? Nampa Meridian Primary irrigation source: Surface Water Secondary: Municipal Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC I1 -1A-1): Acreage of qualified open space: 4 or more bedrooms: Maximum building height: _ Average property size (s.f ): Net density (Per UDC 11-1A-1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: _' Common lots: 1 Other lots: - Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): To be determined Building height: Total number of parking spaces provided: Tan Number of compact spaces provided: Authorization Print applicant name: cTAff& D. A 09-_ Applicant signature: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste, 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/planning -2- (Rev. 0611212014) WHPacific August 11, 2016 Honorable Mayor and Meridian City Council City of Meridian 33 E. Broadway Ave. St. 210 Meridian, Idaho 83642 RE: Final Plat for Swindell Subdivision — Letter of Intent Dear Honorable Mayor and City Cormcil Members; On behalf of Volante Investments, LLLP, please accept our final plat application for the Swindell Subdivision. This subdivision is located on the northwest corner of the Locust Grove and Overland intersection. The property is approximately 20 acres and is currently vacant land with a single-family residential home and some outbuildings, and the Northwest Pipeline office facility. The applicant intends to develop the property as a community business development with 7 new building lots, 1 non -building lot, and 1 previously developed lot. The project would yield a gross density of 0.40 units per acre. The development is compatible with the surrounding area as it is bordered on the north by the interstate, the east and west are light industrial and limited office properties. This project would also act as a buffer between the residential properties to the southwest, and the interstate. We are including the Northwest Pipeline property to correct a previously approved parcel line adjustment that was completed in error. Due to the small number of lots and their proximity to Locust Grove Road and Overland Road, traffic impact from this development will be minimal. The developer acknowledges that there are fees associated with connection and use of municipally provided utilities. As such, the developer agrees to pay the associated fees. We are requesting an alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and I-84 be installed with lot development. To deviate from the plantings required for the landscape buffer along the western plat boundary because of an existing irrigation and storm drain easement. The developer will install the required 25 -foot wide landscape buffers adjacent to Overland Road and Locust Grove Road and landscape all of Lot 1, Block 1, (west side of S. Fignut Way) with the final plat approval. We would however request that the 50' buffer along the interstate, and the 10' buffers from E. Bird Dog Drive and the east side of S. Fignut Way be deferred until the parcels develop as the landscaping tends to be damaged during construction on the parcels. The Nampa Meridian Irrigation District, has a 100 -foot easement that runs along the southern boundary of Lot 2, Block 1 and encompasses all of Lot 1, Block 2. A portion of the proposed roadway and the attached 5 -foot sidewalk also encroaches into this easement. Further, ACHD has a 20 -foot drainage easement that parallels the irrigation easement and connects to the ACED detention pond located west of Lot 2 of Block 1. Trees are not allowed to be planted within these easements. As an alternative to planting the required 27 trees, we are proposing to landscape all of Lot 1, Block 1, and the 25 -foot wide landscape buffer on the southern boundary of Lot 2, Block 1. We are proposing a planting with lawn, a mix of shrubs and boulders grouped in 2141 West Airport Way, Suite 104 • Boise, ID 83705 • T 208.342.5400 • F 208.342.5353 • www.whpacific.com WHPaccc clusters throughout the landscape buffers. The developer is requesting to utilize the existing landscaping located within the development of the Williams Brothers property, adjacent to the Locust Grove Road overpass, (Lot 5, Block 1). This property was approved and developed under a separate project. We are not requesting any variances with this submittal. Currently the property is eligible for multiple building permits and we are requesting to maintain this option for up to two permits throughout the platting process should the need arise. In all, we feel that this commercial development is very complementary to what was envisioned by the city of Meridian for this area. The submitted plans were designed to comply with the Ada County Highway District, the City of Meridian Unified Development Code and acceptable engineering and survey practices as defined by local standards, if you have any questions please do not hesitate to contact me at 342-5400 Sincerely, Cara Duskey WHpacific, Inc. Cc: Ronald W. Van Auker, Jr. Brad Miller VOLANTE LLLP AND NORTHWEST PIPELINE CORPORATION A PORTION THE SE f4 OF SECTION 18, T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO A tract of land situated in the southeast 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Idaho, and more particularly described as follows: Commencing at the southeast corner of said Section 18, from which the southwest comer of said southeast 1/4 of Section 18 bears South 89°43'00" West 2649.09 feet; thence along the southerly line of said southeast 1/4 of Section 18, being also the centerline of East Overland Road South 89°43'00" West 420.31 feet; thence leaving said southerly line North 00 17'00" West 48.00 feet to the northerly right-of-way of said East Overland Road and the POINT OF BEGINNING; thence along said northerly right-of-way South 89043'00" West 227.85 feet to the easterly boundary of Pack It Up Subdivision, a recorded subdivision on file in book 84 of Plats at Pages 9360 and 9361, records of Ada County, Idaho; thence leaving said northerly right-of-way and along said easterly boundary North 29°04'02" West 584.73 feet; thence continuiiig along said easterly boundary North 68°2345" West 368.98 feet; thence leaving said easterly boundary North 0026112" East 379.28 feet to the southerly right-of-way of Interstate 84; thence along said southerly right-of-way the following 3 courses: South 89034154" East 371.62 feet; thence South 83°46'35" East 200.65 feet; thence South 89°3529" East 619.40 feet to the westerly right-of-way of South Locust Grove Road; thence leaving said southerly right-of-way and along said westerly right-of-way the following 3 courses: South 2027130" East 584.58 feet; thence South 89°2928" East 7.18 feet; thence South 0°30'35" West 194.28 feet; thence leaving said westerly right-of-way South 89043'00" West 369.96 feet; thence South 09 T00" East 216.00' to the POINT OF BEGINNING, comprising 20.03 acres, more or less. 358-01.doc Page 1 of 1 FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, RONALD W. VAN AUKER, a married man, dealing with his sole and separate property, Grantor, hereby grants, bargains, sells and conveys to VOLANTE INVESTMENTS LLLP, an Idaho limited liability limited partnership, Grantee, whose current address is 3084 E. Lanark, Meridian, Idaho 83642, all of his right, title and interest in and to certain real property located in Ada County, Idaho, more particularly described on Exhibit A attached hereto and made a part hereof by this reference. TOGETHER WITH all improvements, easements, hereditaments and appurtenances thereto, and subject to such other rights, easements, covenants, restrictions and zoning regulations as appear of record or based upon the premises. IN WITNESS WHEREOF, Grantor has hereunto subscribed his name to this instrument effective the first day of July, 2012. GRANTOR: BARGAIN AND SALE DEED - P. 1 SWINDELL SIX & NW PIPE PARCELS ADA COUNTY RECORDER Christopher D. Rich AMOUNT 34.00 9 BOISE IDAHO 11/14112 02:06 PM DEPUTY III I�II�IIIIIIIIIIIIIIIIIIIIIIIIIIIII RECORDEDICREQUESTOF Ronald Van Auker 112119380 RECOADMGREQDES DB AN WHENRECORDEDM TO: ADA COUNTY RECORDER Christopher 0. Rich AMOUNT 22.00 5 TH10�NBMNLU BOISE IDAHO 10/30112 09:59 AM 3101W.MAM,S=2O0 DEPUTY Bonnie Oberbillig POS OMCEBox7156 RECORDED—REQUEST OF Boim,ID 837m-li56 Ronald Van Auker 112113014 208.34x.8600 ($PACE ABOVE LME FOR RECORDER'S USE) Re—recorded to correct legal description BARGAIN AND SALE DEED FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, RONALD W. VAN AUKER, a married man, dealing with his sole and separate property, Grantor, hereby grants, bargains, sells and conveys to VOLANTE INVESTMENTS LLLP, an Idaho limited liability limited partnership, Grantee, whose current address is 3084 E. Lanark, Meridian, Idaho 83642, all of his right, title and interest in and to certain real property located in Ada County, Idaho, more particularly described on Exhibit A attached hereto and made a part hereof by this reference. TOGETHER WITH all improvements, easements, hereditaments and appurtenances thereto, and subject to such other rights, easements, covenants, restrictions and zoning regulations as appear of record or based upon the premises. IN WITNESS WHEREOF, Grantor has hereunto subscribed his name to this instrument effective the first day of July, 2012. GRANTOR: BARGAIN AND SALE DEED - P. 1 SWINDELL SIX & NW PIPE PARCELS STATE OF IDAHO SS. COUNTY OF ADA On thi day of f/iii 0 2012, before me, the undersigned Notary Public in and for said State, personally appeared RONALD W. VAN AUKER, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fust above written. o OL •o• 'aft O,�pRY •i � tiG S ••• P U01 14 4 �V ••� Z` 00.4 'r �ewl p `,Q Z ATE O_,o Commission expires: I BARGAIN AND SALE DEED - P. 2 SWINDELL six & NW PIPE PARCELS ExmBrr A ION OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 BOISE MERIDIAN,'ADA COUNTY, IDAHO AND BEING DESCRIBED AS FOLLOWS: ING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION THENCE. ONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 SOUTH 89 GREES 44'18" WEST A DISTANCE OF 635.75 FEET TO A POINT, OM WHICH THE UTH t/4 CORNER OF SECTION 18, AN ALUMINUM CAP, BEARS UTH 89 DEGREES 44'1 " WEST A DISTANCE OF 2013.27 FEET; THENCE NORTH 00 DEGRE 15'42` WEST A DISTANCE OF 25.00 FEET TO A 5/8 CH REBAR ON THE NORTH RIG T -OF -WAY OF OVERLAND ROAD; THENCE NORTH 89 DEGREES 18" EAST A DISTANCE. OF 180.99 FEET ALON THE NORTH RIGHT-OF-WAY OF OVE AND -.ROAD TO A 1 INCH IRON PIPE; THEN NORTH 26 DEGREES 46'1T WEST A DISTANCE OF 656.30 FEET T A 1/2 INCH REBAR AND THE POINT OF BEGIN G; THENCE NORTH 45 DEGREES 32'53" T A DISTANCE OF 502.16 FE TO A POINT; THENCE NORTH 89 DEGREES 37'04" EA A DISTANCE OF 707.40 F T TO A POINT; THENCE SOUTH 00 DEGREE 43'42" EAST DISTANCE OF 208.08 F ET TO A 518 INCH REBAR; THENCE SOUTH 32 DEGREES 23'17" EAST A D TANCE OF 178 0 FEET TO A 1/2 INCH REBAR; THENCE NORTH 89 DEGREES 44'44" WEST A DISTA E OF 6.92 FEET TO THE POINT OF - BEGINNING. PARCEL II A PORTION OFTHESOUTHEAST 1/4 OF SECT ON TOWNSHIP 3 NORTH, RANGE 1 - EAST, BOISE MERIDIAN, ADA COUNTY, COMMENCING AT A BRASS CAP MARKING THENCE ALONG THE SOUTH LINE OF SA WEST A DISTANCE OF 635.75 FEET CORNER OF SECTION 18, AN ALUMI M A DISTANCE OF 2013.27 FEET; ENCE NORTH 00 DEGREE 15'42" WESTA DISTANCE OF 25.00 FEET A 5/8 INCH REBAR ON THE NORTH RIGHT-OF-WAY F OVERLAND ROAD; THENCE NORTH 89 DEGREES 44'18" AST A DISTANCE OF 180.99 FEET AL NG THE NORTH RIGHT-OF-WAY OF OVERLA ROAD TO A 1 INCH IRON PIPE AND TH POINT OF BEGINNING; THENCE CONTINUING A NG THE NORTH RIGHT-OF-WAY OF OVERLAND RO NORTH 89 DEGREES 44'18" EAS A DISTANCE OF 181.87 FEET TO A 5/8 INCH RE R; THENCE LEAVING S D RIGHT-OF-WAY OF OVERLAND ROAD NORTH 00 DEGRE 31'11" EAST A DISTANCE OF 305.70 FEET TO A 5/8 INCH REBAR; THENCE NORTH 89 DEGR S 43'2.8" EAST A DISTANCE OF 104.17 FEET TO A 5/8 INC REBAR- THENC SOUTH 42 D BEES 36'15" EAST A DISTANCE OF 27.23 FEET TO A 5/8 INCH REBAR; TH CE NORTH 8 DEGREES 43'28" EAST A DISTANCE OF 125.52 FEET TO A POINT ON THE WEST R GHT-OF-WAY OF LOCUST GROVE ROAD; THENCE NORT 00 DEGREE 31'58" EAST A DISTANCE OF 60.29 FEET TO A 5/8 INCH REBAR ON. E SAID WEST RIGHT-OF-WAY OF LOCUST GROVE ROAD; ID O, AN BEING DESCRIBED AS FOLLOWS: E SOUTHER. CORNER OF SAID SECTION 78, SOUTHEAST 1 SOUTH 89 DEGREES 44'18" A POINT, FROM ICH THE SOUTH 1/4 CAP, BEARS SOUTH 9 DEGREES 44'18" WEST BARGAIN AND SALE DEED - P. 3 SWINDELL SIX & NW PIPE PARCELS THENCE LEAVING SAID WEST RIGHT-OF-WAYNORTH 89 DEGREES 28'30" WEST DISTANCE OF 99.26 FEET TO A 5/8 INCH REBAR; THENCE NORTH 42 DEGREES 11'42" WEST A DISTANCE OF 166.40 FEET TO A 5/ INCH REBAR; THENCE NORTH 32 D BEES 23'17" WEST A DISTANCE OF 132.53 FE/TOA2 INCH REBAR' THENNORTH�89 DEG EES 44'44" WEST A DISTANCE OF 446.92 FE2 INCH REBAR; THENC SOUTH 26 DEGR S 26'46"14" EAST A DISTANCE OF 656.30HE POINT OF BEGINNING. PARCEL III A PORTION OF THE S UTHEAST 1/4 OF SECTION 18, TO SHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIA ADA COUNTY, IDAHO AND BEI DESCRIBED AS FOLLOWS: COMMENCING AT A BRAS CAP MARKING THE SOUTHEAS CORNER OF SAID SECTION 18; THENCE ALONG THE BOUT LINE OF SAID SOUTHEAST 1/4 SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 635. 5 FEET TO A POINT, F OM WHICH THE SOUTH 7/4 CORNER OF SECTION 78, AN ALUMIN CAP, BEARS SOUT 89 DEGREES 44'18" WEST A DISTANCE OF 2013.27 FEET;. THENCE NORTH O DEGREE 15'42" WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH R AR ON THE NO TH RIGHT-OF-WAY OF OVERLAND ROAD AND THE POINT OF BEGINNING; HEN NORTH 29 DEGREES 02'44" WEST D REBAR; THENCE NORTH 68 DEGREES 22'27" WEST A REBAR' THENCE NORTH 38 DEGREES 20121" WEST A D NORTH 89 DEGREES 59'55" EAST A SOUTH 45 DEGREES 32'53" EAST D OF 610.98 FEET TO A 5/8 INCH OF 410.39 FEET TO A 5/8 INCH OF 333.99 FEET TO A POINT; THENCE OF 403.16 FEET TO A POINT; THENCE OF 514.88 FEET TO A 1/2 INCH REBAR; THENCE - SOUTH 26 DEGREES 46'14" EAST A DISTANCE F 656.30 FEET TO A 7 INCH IRON PIPE; THENCE SOUTH 89 DEGREES 44'18" W T A DISTANCE 0 180.99 FEET TO THE POINT OF BEGINNING. Parcel IV A PORTION OF THE SOU EAST QUARTER OF SECTION 1 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE. MERIDIA , ADA COUNTY, IDAHO AND BEIN DESCRIBED AS FOLLOWS: C OMMENCING AT AN UM INUM CAP MARKING THE SOUTHWES CORNER OF THE SOUTHEAST TER; THENCE G THE SOUTH INE OF SAID SOUTHEAST QUARTER NORTH 9 DEGREES 44"18" EAST ISTANCE OF 49.26 FEET TO A BRASS CAP MARKING THE OUTHEAST CORNER OF SECTION ; THENCE H 00 DEG ES 31'58" EAST A DISTANCE OF 996.99 FEET AL NG THE EAST LINE AID SEC ON 18 TO A POINT; THENCE H 89 D REES 43'59" WEST A DISTANCE OF 25.00 FEET TO A /8 INCH REBAR HE WE RIGHT OF WAY OF LOCUST GROVE ROAD AND THE POINT'OF BEGINNING; CE \`H 3 DEGREES 43'59" WEST A DISTANCE OF 386-22 FEET TO A 5/8 INCH REBAR; CEH O DEGREE 43'42" EAST A DISTANCE OF 30.00 FEET TO A POINT; THENCE 89 DEGREES 37'04" WEST A DISTANCE OF 707.40 FEET TO A POINT, THENCE 45 DEGREES 32'53" WEST A DISTANCE OF 12.72 FEET TO A POINT; THENCE 89 DEGREES 59'55' WEST A DISTANCE OF 403.16 FEET TO A POINT; THENCE H 38 DEGREES 20'21' WEST A DISTANCE OF 133-47 FEET TO A 5(8 INCH EBAR HE SOUTH RIGHT OF WAY OF INTERSTATE 8ON/84; THENCE BARGAIN AND SALE DEED - P. 4 SWINDELL SIX & NW PIPE PARCELS ALONG THE SAID SOUTH RIGHT OF WA'v' THE FOLLOWING COURSES, 33'36' EAST A DISTANCE OF 703.13 FEET TO A RIGHT OF WAY 2365+00; THENCE SOUTH 83 DEGREES 45'17" EAST A DISTANCE OF 209 MONUMENT AT STJT. 2379400-; THENCE SOUTH 89 DEGREES 34'11" EAST A DISTANCE OF 6866 BEING ON HE WEST RIGHT OF WAY OF LOCUST GROVE LEAVING SA2R SOUTH RIGHT OF 'RAY A14D ALONG THE LOCUST- GROVE ,OAD SOUTH 00 DEGREE 31'58` WEST . THE 'POINT OF _ GIRNING._ � Parcel V 65 FEET 89 DEGREES T AT SFA. A RIGHTOfWAY 11 F T TO A 5J8 INCH REDAR Ro THENCE NEST RIGHT OF PLAY OF DISTANCE OF 44-69 FEET TO A parcel of land situate 'n the Southeast Quart of the Southeast Quarter of Section 18, Township 3 North, Range East, Boise Merid1 of County, Idaho, and more particularly described as follows: Commencing at the Southeast c er o said Section 18, from which the South Quarter Corner of said Section bears South 43'00" West 2649.09 feet, and the East quarter corner of said Section 18 bears North 0°3 " East 2659.34 feet; thence along the Easterly boundary of said Section 18, Nor 0°3 '35" East 506.24 feet, thence leaving said Easterly boundary North 89°29'25" Wes 63.71 fe to an iron pin on the Westerly right of way of Locust Grove Road and the P NT OF BEGI NING; thence along said Westerly right of way the following 3 courses: So h 2°27'30" East�I8.75 feet to a brass cap monument; thence South 89°29'28" East 7.1 feet to a brass cap monument; thence South 0°30'35" West 86.97 feet to an iron pin; then a leaving said Westerly �rlqht of way North 89029'25" West (formerly North 89°4 Si" West), 70.27 feet to an 1n pin; thence North 42013'00" West (formerly North 420,14'23" West 166.40 feet) 166.38 et to an iron pin; thence North 32°24'35" West (f rmerly North 32035'58" West) 9.67 et to an iron pin; thence North 88°48'11" East X18.78 feet to the POINT OF BEGINNING. LESS AND E CEPTING THEREFROM any portion of Sa property deeded to Ada County Highway Di rict by Warranty Deed recorded January 30, 200 as Instrument No. 103016157, record�nZt da County, Idaho and the Warranty Deed recorded tember 16, 2005, as Ins truo. 105135228, records of Ada County, Idaho. APN# S1118449350,S1118449550,Sl118449205,S1118449440,S111 449410,51118449250 and S1118449120 Street Address: 1305 S. Locust Grove Road and 1495 S. Locust Grove Road,"Meridian, ID BARGAIN AND SALE DEED - P. 5 SWINDELL SIX & NW PIPE PARCELS 1374 19 i, W.1 PARCEL I A PORTION OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, -ADA COUNTY, IDAHO AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 635.75 FEET TO A POINT, FROM WHICH THE SOUTH 1/4 CORNER OF SECTION 18, AN ALUMINUM CAP, BEARS SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 2013.27 FEET; THENCE NORTH 00 DEGREE 15'420 WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH REBAR ON THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD; THENCE NORTH 89 DEGREES 44'18" EAST A DISTANCE OF 180.99 FEET ALONG THE NORTH RIGHT-OF-WAY OF OVERLAND -.ROAD TO A 1 INCH IRON PIPE; THENCE NORTH 26 DEGREES 48'14" WEST A DISTANCE OF 656.30 FEET TO A 1/2 INCH REBAR AND THE POINT OF BEGINNING; THENCE - NORTH 45 DEGREES 32'53" WEST A DISTANCE OF 502.16 FEET TO A POINT; THENCE NORTH 89 DEGREES 37'04" EAST A DISTANCE OF 707.40 FEET TO A POINT; THENCE SOUTH 00 DEGREE 43'42" EAST A DISTANCE OF 208.08 FEET TO A 5/8 INCH REBAR; THENCE SOUTH 32 DEGREES 23'17" EAST A DISTANCE OF 178.00 FEET TO A 1/2 INCH REBAR; THENCE NORTH 89 DEGREES 44'44" WEST A DISTANCE OF 446.92 FEET TO THE POINT OF BEGINNING - PARCEL II A PORTION OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 635.75 FEET TO A POINT, FROM WHICH THE SOUTH 1/4 CORNER OF SECTION 1B, AN ALUMINUM CAP, BEARS SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 2013.27 FEET; THENCE NORTH 00 DEGREE 15'42" WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH REBAR ON THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD; THENCE NORTH 69 DEGREES 44'18" EAST A DISTANCE OF 180.99 FEET ALONG THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD TO A 1 INCH IRON PIPE AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD NORTH 89 DEGREES 44'18" EAST A DISTANCE OF 181.87 FEET TO A 5/8 INCH REBAR; THENCE LEAVING SAID. RIGHT-OF-WAY OF OVERLAND ROAD NORTH 00 DEGREE 31'11" EAST A DISTANCE OF 305.70 FEET TO A 5/8 INCH REBAR; THENCE NORTH 89 DEGREES 43'28" EAST A DISTANCE OF 104.17 FEET TO A 5/8 INCH REBAR; THENCE SOUTH 42 DEGREES 36'15" EAST A DISTANCE OF 27.23 FEET TO A 5/8 INCH REBAR; THENCE - NORTH 89 DEGREES 43'28" EAST A DISTANCE OF 125.52 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF LOCUST GROVE ROAD; THENCE NORTH 00 DEGREE 31'58" EAST A DISTANCE OF 60.29 FEET TO A 5/8 INCH REBAR ON THE SAID WEST RIGHT-OF-WAY OF LOCUST GROVE ROAD; BARGAIN AND SALE DEED - P. 3 swiNDELL SIX & NW PIPE PARCELS THENCE LEAVING SAID WEST RIGHT-OF-WAY NORTH 89 DEGREES 28'30" WEST A DISTANCE OF 99.26 FEET TO A 5/8 INCH REBAR; THENCE NORTH 42 DEGREES 11'42" WEST A DISTANCE OF 166.40 FEET TO A 5/8 INCH REBAR; THENCE NORTH 32 DEGREES 23'17". WEST A DISTANCE OF 132.53 FEET TO A 1/2 INCH REBAR; THENCE NORTH 89 DEGREES 44'44" WEST A DISTANCE OF 446.92 FEET TO A 1/2 INCH REBAR; THENCE SOUTH 26 DEGREES 26'46"14" EAST A DISTANCE OF 656.30 FEET TO THE POINT OF BEGINNING. F\_ m A parcel of land located in the SEI/4 of the SEI/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and described as follows: Commencing at a brass cap monument marking the SE corner of said SF -114, thence along the Fast line of said SRI /4 N00031'58"E a distance of 264.03 feel to a 5/8 inch rebar and from which a 5/8 inch rebar marking the NE corner of said SE 1/4 bears N00'31'58"E a distance of 2395.16 feet, thence leaving said East line and parallel with the South line of said SEI/4 589'44' 18"W a distance of 54.01 feet to a 5/8 inch rebar on the West right-of-way of N. Locust Grove Road, said rebar marking the POINT OF BEGINNING; Thence continuing S89'44' 18"W a distance of 219.33 feet to a point; Thence leaving said parallel line N00'31' 11 "E a distance of 66.59 feet to a 5/8 inch rebar; Thence N89'43'28"E a distance of 104.17 feet to a 5/8 inch rebar; Thence S42'36'1 5"E a distance of 27.23 feet to a 5/8 inch rebar; Thence N89'43'28"E a distance of 96.55 feet to a point on sihid right-of-way; Thence along said right-of-way and parallel with said West line S00031'58"W a distance of 46.51 feet to the POINT OF BEGINNING. LESS AND EXCLUDING THEREFROM the following described property: A parcel of land located in the SEI/4 of the SEI/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and described as follows: Commencing at a brass cap monument marking the SE corner of said SE 1 /4, thence along the South line of said SEI/4 S89044'1 8"W a distance of 420.32 feet to a point from which a brass cap monument marking the SW corner of said SE 1/4 bears S89'44'1 8"W a distance of 2228.73 feet, thence leaving said South line N00015'42"W a distance of 48.00 feet to a 5/8 inch rebar on the North right-of-way of East Overland Road, said rebar being the POINT OF BEGINNING; Thence continuing N00015'42"W a distance of 216.00 feet to a 5/8 inch rebar; Thence parallel with said South line N89044' 18"E a distance of 150.64 feet to a point; Thence S00'31' 11 "W a distance of 216.02 feet to a point on said right-of-way; Thence along said right-of-way and parallel with said South line 589044' 18"W a distance of t47.70 feet to the POINT OF BEGINNING. BARGAIN AND SALE DEED - P. 4 SWINDELL SIX & NW PIPE PARCELS PARCEL III A PORTION OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 635.75 FEET TO A POINT, FROM WHICH THE SOUTH 1/4 CORNER OF SECTION 18, AN ALUMINUM CAP, BEARS SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 2013.27 FEET; THENCE NORTH 00 DEGREE 15142" WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH REBAR ON THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD AND THE POINT OF BEGINNING; THENCE NORTH 29 DEGREES 02'44" WEST A DISTANCE OF 61D.98 FEET TO A 5/8 INCH - REBAR; THENCE NORTH 68 DEGREES 22'27" WEST A DISTANCE OF 410.39 FEET TO A 5/8 INCH REBAR; THENCE NORTH 38 DEGREES 20'21" WEST A DISTANCE OF 333.99 FEET TO A POINT; THENCE NORTH 89 DEGREES 59'55" EAST A DISTANCE OF 403.16 FEET TO A POINT; THENCE SOUTH 45 DEGREES 32'53" EAST A DISTANCE OF 514.88 FEET TO A 1/2 INCH REBAR; THENCE SOUTH 26 DEGREES 46'14" EAST A DISTANCE OF 656.30 FEET TO A 1 INCH IRON PIPE; THENCE SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 180.99 FEET TO THE POINT OF BEGINNING. Parcel IV A PORTION OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MARKING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER NORTH 89 DEGREES 44"18" EAST A DISTANCE OF 2649.26 FEET TO A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 00 DEGREES 31'58" EAST A DISTANCE OF 996.99 FEET ALONG THE EAST LINE OF SAID SECTION 18 TO A POINT; THENCE SOUTH 89 DEGREES 43'59" WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH REBAR ON THE WEST RIGHT OF WAY OF LOCUST GROVE ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 43'59" WEST A DISTANCE OF 386.22 FEET TO A 5/8 INCH REBAR; THENCE SOUTH 00 DEGREE 43'42" EAST A DISTANCE OF 30.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 37'04" WEST A DISTANCE OF 707.4D FEET TO A POINT; THENCE NORTH 45 DEGREES 32'53" WEST A DISTANCE OF 12.72 FEET TO A POINT; THENCE SOUTH 89 DEGREES 59'55" WEST A DISTANCE OF 403.16 FEET TO A POINT; THENCE NORTH 38 DEGREES 20'21" WEST A DISTANCE OF 133-47 FEET TO A 5/8 INCH REBAR ON THE SOUTH RIGHT OF WAY OF INTERSTATE SON/84; THENCE BARGAIN AND SALE DEED - P. 5 SWINDELL SIX & NW PIPE PARCELS ALONG THE SAID SOUTH RIGHT OF WAY THE FOLLOWING GOURSESI SOUTH 89 DEGREES 33'36' EAST A DISTANCE OF 703.13 FEET T9 A RIGHT OF WAY MONUMENT AT STA. 2365+00; THENCE SOUTH 83 DEGREES 45'17" EAST A DISTANCE OF 200.65 FEET TO A RIGHT OF MY MONUMENT AT STA. 2370400;.. THENCE SOUTH 89 DEGREES 34'11" EAST A ]DISTANCE OF 686.11 FEET TO A 518 INGH REBAR BEING ON THE VEST RIGHT OF MAY OF LOCUST GROVE ROAD', THENCE LEAVING SAID SOUTH RIGHT OF WAY AND ALONG THE SAID 'BEST RIGHT OF WAY OF LOCUST- GROVE ROAD SOUTH 00 DEGREE 31'5$° WEST A DISTANCE OF 44.69 FEET TO THE 'POINT OF BEGINNING_ Parcel V A parcel of land situated in the Southeast Quarter of the Southeast Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Southeast comer of said Section 18, from which the South Quarter Corner of said Section bears South 89043'00" West 2649.09 feet, and the East quarter corner of said Section 18 bears North 0030'35" East 2659.34 feet; thence along the Easterly boundary of said Section 18, North 0030'35" East 506.24 feet; thence leaving said Easterly boundary North 89029'25" West 63.71 feet to an iron pin on the Westerly right of way of Locust Grove Road and the POINT OF BEGINNING; thence along said Westerly right of way the following 3 courses: South 2°27'30" East 48.75 feet to a brass cap monument; thence South 89029'28" East 7.18 feet to a brass cap monument; thence South 0030'35" West 86.97 feet to an Iron pin; thence leaving said Westerly right of way North 89029'25" West (formerly North 89°41'11" West), 70.27 feet to an iron pin; thence North 42013'00" West (formerly North 42024'23" West 166.40 feet) 166.38 feet to an iron pin; thence North 32024'35" West (formerly North 32035'58" West) 9.67 feet to an iron pin; thence North 88048'11" East 178.78 feet to the POINT OF BEGINNING. LESS AND EXCEPTING THEREFROM any portion of said property deeded to Ada County Highway District by Warranty Deed recorded January 30, 2003, as Instrument No. 103016157 and Instrument No. 103016164 records of Ada County, Idaho, and the Warranty Deed recorded September 16, 2005, as Instrument No. 105135228, records of Ada County, Idaho APN# 51118449350,S1118449550,S1118449205,S1118449440,S1118449410,S1118449250 and S1118449120 Street Address: 1305 S. Locust Grove Road and 1495 S. Locust Grove Road, Meridian, ID BARGAIN AND SALE DEED - P. 6 SWINDELL six & NW PIPE PARCELS RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 ATTN: Steven B. Price, Esq. Ro w ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 BOISE IDAHO 11120/05 02:26 PM RECORDED—REQUEST OF III IIIII�I���IIIIIIIIIIIIIIIIIIIIIIII Pioneer 105180230 (Space above this line for Recorder's use) Project Name: Locust Grove Grade Separation Project Number. 603012 RM/ Parcel Number: 1 Township/Range/Section: SE % Sec. 18, T3N, R1 E WARRANTY DEED THIS INDENTURE is made this ALo day of Ocklxr 2005, by Northwest Pipeline Corporation as successor -in -interest to EI Paso Natural Gas Company, a Delaware corporation, whose address is 1301 S. Locust Grove Road, Meridian, Idaho 83642 (the "Grantor'), in favor of the Ada County Highway District, a body politic and corporate of the state of Idaho, whose address is 3775 Adams Street, Garden City, Idaho 83714 (the "Grantee"). WITNESSETH: FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is acknowledged by the parties hereto, the Grantor has granted, conveyed, bargained and sold and does hereby grant, bargain, sell, convey and confirm to the Grantee and its successors and assigns forever, that certain real property situated in the County of Ada, State of Idaho, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. TOGETHER with all and singular the buildings, structures, improvements, and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the 'Premises"). SUBJECT TO those exceptions to Grantors title as set forth on Exhibit "B" attached hereto, and, by this reference, made a part hereof. WARRANTY DEED - 1 SUBJECT TO those exceptions to title to which this conveyance is expressly . made subject and those made, suffered, or done by the Grantee: (1) the Grantor covenants to the Grantee, its successors and assigns, that the Grantee shall enjoy the quite and peaceful possession of the Premises; and (b) Grantor warrants to the Grantee, its successors and assigns, that Grantor is the owner of said Premises in fee simple and has the right and authority to convey the same to Grantee, and Grantor will defend the Grantee's title from all lawful claims whatsoever. The current address of the Grantee is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 IN WITNESS WHEREOF, this Warranty Deed has been duly executed by and on behalf of the Grantor, the day, month, and year herein first written above. off "1 X111191 71 STATE OF ) : ss. County of ) NORTHWEST PIPELINE CORPORATION as successor -in -interest to EL PASO NATURAL �h�I O I o 7 GAS 10(� 1 l By: R dy Barnard Its: Vice President, Operations On the aa�'� day of October, 2005, before me, the undersigned notary public in and for said state, personally appeared Randy Barnard , known or identified to me to be the Vice President, Operations of Northwest Pipeline Corporation as successor -in -interest to EI Paso Natural Gas, the corporation that executed the within instrument or the person who executed the same on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Eti!., LEIGH E.EMERSONMY ISSION EJIPIN 5 NDAMBEFIMM WARRANTY DEED - 2 Ada county Highway District Project No. 602012.0 Locust Grove Road (CcntraVBentley to Franklin) a Parcel l • Right -of -Way Take Description A parcel located is the SE'h of the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner -of said SE V4 of the SE Y4 from wbich a 519 inch diameter iron pin marking the northeasterly comer of the SE % of said Section 18 bears N Q030'32" E a distance of 2659.49 feet; Thence N 0130'32"'E along the easterly boundary of said SE Y4 of the SE Y4 a distance of 370.58 feet to the POINT OF BEGINNING; Thence leaving said easterly boundary N 89°29'28" W a distance of 54.00 feet to a point, Thence N 0030'32" E a distance of 86.98 feet to, a point; Thence N 89°29'28" W a distance of 7.18 feet to a point; Thence N 2°27'30" W a distance of 538.94 feet to a point; Thence N 89°42'47" E a distance of 89.09 feet to, a point on the easterly boundary of said SE V4 of the SE %; Thence S 0130'32" W along said easterly boundary a distance of 626.43 feet to the POINT OF BEGINNING. This parcel contains 1.037 acres -(45,188 square fed) and is subject to any easements existing or in use. Said parcel contains 0.359 acres (15,565 square feet) of existing Locust Grove Road pdnscaiptive rigbt-of-way. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 17, 2003 e,r.r.r.r,r,r,r.e,r,r,e,r.e,r.r.r,r,r,e,e,e,ar.r,r,r.r,e,r,r.r,r,r,r.r. r, ,r,e,cr,r,r.r,r. ,r,cr,r,e,r.r.r,r,e,r,r,r.r,r,r,r, SPECIAL EXCEPTIONS Order Number: 243289 1. Said real property is presently assessed as exempt from taxation. Any change in the status thereof either in ownership or otherwise, shall cause a re -assessment of said premises as more fully set forth in section 63-602Y of the Idaho Code, 2. Sewerage charges and special assessment powers of the City of Meridian. No special assessments now show of record. 3. Liens and assessments of the following district and the rights and powers thereof as provided by law. No delinquencies appear in the county recorder's office. District: Nampa Meridian Irrigation District (466-7861) 4. Rights and claims in and to those portions of said premises lying within the right of ways of ditches, canals and lateral. 5. Rights and claims in and to that portion of said premises lying within the S. Locust Grove Road right of way. End Of Exceptions NOTE: There is no notice of record and therefore no search has been made for any unpaid assessments, charges or fees for sewer, water, garbage, irrigation or other possible utility services. NOTE: If the proposed insured under the Policy to issue has any questions concerning the coverage or exclusions from coverage, the Company will be pleased to provide an explanation. NOTE: Pursuant to the State of Idaho Insurance Regulations, a cancellation fee is to be charged on all canceled orders. Unless otherwise advised, orders will be considered canceled six months after the effective date on the Commitment. The amount of the fee assessed shall he in accordance with our rate filing with the Idaho Department of Insurance. ORT FORM 3541 ALTA Commimtent Form - 1962 Schedule C page 1 of I page(s) Y -2006 `Yl� 04 WGP NW -PIPE M- NE SLC "801 5&3 '6935 `P 04 - . T +�. P, x 2Y 1 Up u 14. tv rr .qp e- � , i .t INSTRUMENT OF CONVEYANCE; TRANSFER AND. ASS1GiiIK,NT'� F�+FROM//ri � r L EL Pn50 :NATIIRArt, GA5bCOMPANY '-"�y^�� 4m, ` a IVORTAWEST RiPEIIIVE CORPOAATiON ' 0. �T Dated w of January 31,1974 x as i i r � 41 0 ea NorthO�eatwPipel3n s 152b $alt m Affcity r Ft 4wt c a E13 1� 2006 l ' E6 < WGP tdW P.1PEL!INE SLC "B01"584 '6735 '"P.-05' `hM4y K , .. 1 . '+. t ' II+t$TRUIr>ENT OF CON�EYA" ICE; TitANSEER,AI�D AS$ICNME�1T �' NEy dated as. of January YANCE; TRANU AND,ASSIGP1ItENT, INSTRUI,SL,NT.,OF'CO�IVE, GA5 COhfPANYy a Delaware corporation(the ..Transferor )., 31;'1974; .from EI.2'ASO MkrURAL ration (tbak'Transferec ) m NORTIIWEST. PIPELINE CORPORATION n Delaw a corpo_ Get s v ;r { _ - . SYitrtearetir.{�„R rr-Y i ration, a 1)etawar0 r q''+.WHEREAS; effective December 31.'1959, Pacific N rsn'waato �e provisions -of the :General 4 y_ _corporation (PaciSc'), was merged :into Transferor pu 2'. Corporation Law of the State. of DcLlware and pursuant to sold merger:.Transferor acquired all o£ ' the:rights :Pri"ijeges, po�rers.•and franchises and: all .proP��,7e�t Pasonal and inUsed of. Pacific revile wars; francfiis� and property,' togetber with . eertntn' additions 'thereto ,. which rights.'Pn ger, powers, thereto), .have been and are now a and improvements thereof (net of c' ain retirements with west Division'); and ' operated by Transferor as its Nortbwdst.Division System ( } ,vr` i of WfiEREAS, the ure United States District court for'the Distrtet ms� by ocfd amend*aimplemeut d )� order iwi6r final judgment and deaed (snia ;udginent'.ana decree, as modiS . , entitled ¢+ ' .issued by the pour; on October 19. 1973 'being herein c Uidzthe Donee) a PTOOB d'.b the 9: z United States '% EI Paso -Natural Gas Company, 353 F Svpp .820 (D. Celo IOi2), sEbnn Y L I a; , united States SupremeCourt in. Oafi(onita-Paci�ic.UttEtttea "Cainprnes an arse the -Assets To (7973); dfrectad toot Transferor divest itself of carnia sp prove t i (113a pivesirect consisting with,certain excephoas and additionsI , of tare Assets of the Northwest Ian ' Sion, by transferring, conveying and aszigaing the same to Transferee, ti .. 4f e t dated WIiEAEAS to cuty`out'tsnel.dfvestiturc Trah cror bas entered into an'agr emen August'.?. 1973 (still agreement,'as amended and clarified by that certain Closing'Agrccment dated s January 25.197.4, tieing licrein called the 'Implementing Agteement) .with' Transieree Canod Arson Inter :ate'Company; APGO Oil Corporation, Gulf interstate., .mpany .and TipPerar] . �° ' Mich "contemplates, among -other things, the release of the :Assets To, Be Divested from the 1Sen of 3 4he h. Paso Mortgage (es hirciunfter de5ned); to the 6aent:jublect thereto, tbe'transEer:of such ` ' Assets to Transferee,the assumpHnn by Transferee of liability"' for, the.'payment of 5�..� outstanding principal amount of indebtedness of Transferor, ilie.isrnancc by Transferee in satisfaction on of liability of en equal amount of its indebtedrass to the ho1{]ers of such. indebted , of such mumpti hon b TraasFerpe of certain othdr obligations. of .Transferor. an . ness of Transferor and the assump Y " k ri and conveying to Transferee; in accordance ' WIimREAS; for the purpose .cf transferring assigm 8 lementing .Ag eement, the Assets. To '„ wins the becree. and'the taws and :ProvltlQns of the Irup ca + Bo Divested .TSransferoc"tion duly autha a the..eseeution.and delivery of thu Instrument of ria Conveyance, Transfer and Assignmea•, :-r. r :+ - StLted and upon and itiWet t NOW, TfiE11EFORF, TransEeror,,for the consideration hD, CONVEYED, ASSIGNED, TRANS to thd:terau and conditions hereinafter set forth. has GRANTS CRANT,' CONVEY. ASSIGN,, k�` FERAED and DE7 [VERSO and; by these presptts. does„hereby.; Eo s. � do t]ra TRANSFER;and DELIVER unto hansfereo, its successors.and assigns, _ , -falloiving Property, sitarRiivpegessand iranthiyes.less cod, except the pernnns therroE hereinafter r > q,ee Gcauy ercaPted and excluded (collectively the 'Prop�es, ), to �vit yii,„,r",,, r' l�plpe ti{rrea and Ralated,P,roperties-AU Property.. or therein, .real personal or _. Srxatof "every load character and descrlPbou i d witrxcsoever Incited. }i T 4..�.e:G...;;va F.n.dememt' in the mnsiehng.Or.:.la haret0t0ni delivered+bYrTransferorFto a i �thering P P� � bfan'eh trunk Seth ring lm A hoes, branch tiarismLsslo?? PIPo ]ink > y , t e fi'isf', k. G t S i a j� 4a3 � ..gim+�v�i .FEB -1 066 ll:'07WGP 'NW •31,'tep>`T"' DAS47. 29945 /.ndrew J Brandt, d mt 11 553;15 S3N! 1W v rs2st q y 62755 . 3N'iW „ I. Goble 3N 30 397 ti i. Arthnf K«k . A s ` &&� 4Y r r y 29M.a filverine Dorothy E5f v 3N1W et W-1: 21421 55 marts 9y � • „� s 21� x42870 "''-9> "3N;t',;1W' 67. 1536 46063 'Ds1a& Evans. d : •: 55 * 9 '3N` 1VYr'F;"' 31' :'' . Y .h c "29949 Ethel &ene Jones, et vir 10 29 x x - 29950 ' Ath Winnie Gray t: B I8 SS:k 9 �3N - 1W " `i' 30 ' s 29951,: Paul Unser; d me ID: 5 SS i �r 9 3N lw - a >."h A. X10 3N,1W'• •30. _.>t414i56 z 9 99 'Grosso. ct nx IN 29952 BernardT3 2?53'IaymnAE�13 Sa :9 ct 29954 Thw di . Ednar`I I'mly 8 �9 ss a t sfT Iso ` 30 • ?AO 36153.. is Same, d for `I' .6.29 -SS. , 32 A'w4N IW': 29 254... J 476 r- 30154 ' RoliertW.;lldl,du�:�..{:.6=29-55 31 s 4N iW 29 30155 ' •Cftaria E. San et to 31 k 4N iso 30156 W..L Henderson et tu'.= 629 55 F 31 4N , IW. 29 - 311 30157 ` William G. Waif; d wr "6'� 53...30s?4N. f'. s I1►:`-. 29. 313. r`3 30158.: FIenryHdthecherieti of .:62955,;``30;=, ,?N,ti.;,: 4N '„29 315 30159: ' LEonard H . Schutt d 829 55. • IW 29 . 445 Fid. ,30160.. Crariett. = Beason B 08tae and Warehoi�ae S+Ee ; . - y r (1) Distant No 6;office and Wareaouse Sitatg That certain;Off%o nad W ereiioosa`Site looeted in tha 5oiilheast Qnattar z oRfa.ttliiges$3 Eaat, B.3i Adfr�Township 3 North,ter (3Li/a9Ed4oSeoaon 18, onQ a county,ahaf 1 tosether with t,ie following recorded Deed "`) t r CO. ...`.•[ 4 titant BtC 7'wP 4 Rog BOOk .Pas+ .� ';�..s.,>-,,."_.. _._'.<. ..: _�.s..� -...;:r.: ..e.9-t7-70,,��iB.�t 3N �-:,-:IE, ..77. i 6. -.c•».��,W�i� i 'e r:;hrs wife ;yhe Grantors do hereby_ grant ;'bprgginy_'eell and-convey •,EL PA80'HATURAL GAS COMPANY, the .Grantee, the following described premised, to wit: A tract of land located in the SEkSEs Section 18, Township 3 North, Range 1 East, B.N., Ada County, Idaho,. which is more particularly described as follows: Beginning at a point located on the east boundary of said Section 18, said point bears in a northerly direction along the east boundary of said Section 18, a distance of 370.58 feet, more or less, from the southeast corner of said Section 18; thence North 89°41'11" West, a distance of 124.26 feet; thence North 42°24123" West, a distance of 166.40 feet;"ihence North 32°35'58" West., a distance of 310.52 feet; thence North 0°56'23" West, a distance of 238.08 feet; thence North 89624'23" East, a distance of 411.17 feet; thence South 0018149" West, a distance of 626.43 feet to the point of beginning, containing 4.70 acres more or less. Subject to all existing rights of way and reservations of record. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its successors and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee, that they are the owners in fee simple of said premises; that said premises are free from all encumbrances, except those now of record, and that they will warrant and defend the same from all lawful claims whatsoever. Dated this 17thday of September- , 1970. Arthur W. Lotridge " Alice E. Lotridge( STATE OF IDAHO COUM OF Ada On this 17th day of September , in the year of 1970, before me the undersigned a Notary Public, personally appeared ,ARTHUR W. lATRIDGE and ALICE E. LOTRIDGE, his wife, known to me to be hl' ttha._persons whose names are subscribed to the within instrument, and 41' ,'tackupwledged to me that they executed t same as their free act and My Commission Expires: - A„ ; Notary P lic in and for. Ada t: •. ” ° l�. 13'� 1973_ County, State of . Idaho. - STt.7E OF IDAHO, CDUNTY OF ADA $ahp TlHa ,cA a FHcd lot atord at the mgnesld C s 9, �w m. psst_ r oclak.LM M 644 daY a r, CLARfNCE A< (Y4ii1NCy Rf2ottdi NfR ND ., t'.'`',.,.>�,r,at?;?';''`. 3}tsx Y1 AFFIDAVIT OF LEGAL INTE RE, STATE OF IDAHO } ) COUNTY OF ADA ) M t �(ame) t (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: tokL r _ �,I?,o 4•t�tstiN� `��5� (name) (tid�ress) 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 ---!—day of �Jyl�V 20 15 SUBSCRIBED AND SWORN to before me it And year first above written. 1.7 OT l �agRr (Notary p tc for Idaho) Z esiditigaC Ji.�f'UBLIG 9r ��ae0s My Commission Expires: �D. 000 oee� AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) 1 Michael Rieske Salt Lake City (name) (city) being first duly sworn upon, oath, depose and say: 295 Chipeta Way (address) UT, 84108-1220 (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: (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. 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 this 15 day of 2016 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ?, BURTON MAXFIELD ? Notory Public State of Utah S e My Commission Expires on: q + April 14, 2018 Comm. Number: 676405 (Notary kubllic for -I ho) Residing at: ��G feat wr-, My Commission Expires: q-1(1 —/3' CommunityDevelopment • Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax:208-888-6854 n�s�,v.nieridiancirv.orelnlanning 1 I INTERSTATE 84 "'BoD �jSON�/ v~i pIAY N ON J /j E OVERLAND ROAD .. \ Sp0 i SCALE: 1" = 300' 7SHE�WMER 1 MAP RONALDVANAUKER SWINDELL SUBDIVISION DMMGNm SH INFOVICINITY WHPacificF osa ,sa.i em.,iomrm mm "� PM8307W 0008307W-C-PLAT07 D^^ M' AG usrEDrr flnR�ms AS SHOWN FwromE tlna7ms NfE IDIAN - I Community Development Parcel Verification Date: 6/29/15 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: Swindell Subdivision Parcel Number(s): 51118449440 (4.56 Acres) S1118449410 (0.50 Acres) 51118449250 (0.082 Acres) 51118449350 (5.035 Acres) 51118449120 (1.704 Acres) S1118449550 (4.467 Acres) T/R/S: 3N 1E 18 Property Owner: Volante Investments, LLLP 3084 E. Lanark St. Meridian, ID Address Verification Rev: 04/23/12 U 2 a e IgE �k@;� —3p- 'ek6b 4� § § 222E g p � k��� S g y 2 i q� a 3@i Agg�ggBAg@�g e L " a �g �mwnv aaa z °yep€ < �§ g yq# epe® d' a Y 3 1 A£9ql lbi AC'S ^ PaP a qea U 2 a e IgE �k@;� —3p- 'ek6b 4� § § bow isnxi s 2 i Z a a ��a e L " a �g �mwnv aaa z U 2 e IgE �k@;� —3p- 'ek6b a % I pp:qq i6 2 ��R Z L " Nag . j LU x °yep€ < �§ o@e9iib yq# d' a Y 3 1 A£9ql lbi AC'S ^ PaP a qea HT I MH aPeal .�Eli Y.`�i �I ili II'I 0 1.41 yBgg gHyg�€ �ggfg` 333$iaa8la i2S 8 1815 §@ �K B8" ,,.'=6 aaMa HE �5d w w >r n ID Li nx anaec tenoor 0 q _ ...,.. _..0451t± nE9.ICW 9 9009BY1 E 10090 A8 r` Il a{ 1 0 4 (`12c xw O3 VIY•91 � , 3 U Q0IN a I s 00Yfi 12 00 210.1.g k 8 ry ? ��1xti' U c� 'm it � Ry ,, /Yi0�1S � ' ' •mw-, cr S / / FE BGE 3 A4[ZAO x � j IL I I. I U qCqC l Hit n] [1•o'loanaro-MNRacO\6p]l \•a:s•up\°a:•�•aUuan000\mm::•n M pl° 9\�a +wrap wsl [ao9u-mA1•x-np\\ v3uma7 [ne.:: :mwnr] [m soa• s:oz/eVl: pro. amI 4 s s p i I a U �A O CL a °yb°0s 3 � o Ljz i9 i'AM VWltl d:ILL QFQ Z 69J @k� ilb9 'ek8b �4&9 WiiF°.^. GjC's�d$� Lll 0 O CL a °yb°0s 3 � o Ljz i9 i'AM VWltl d:ILL ADA COUNTY STREET NAME COMMITTEE STREET NAME EVALUATION Evaluation Date: Project Name: Township/Range/Section: Parcel Number: City/County Agency: Project/Plat Applicant: Phone No: March 10, 2016 SWINDELL SUB 3N 1E 18 Preliminary Plat Rfl Final Plat Edited on 8/15/16 by: Dale Ann Barton to mark as "Final Plat" S1118449205,51118449250,SI118449350,S1118449410,51118449440,51118449550 MERIDIAN WHPacific 208-342-5400 The street name comments listed below are made by the member of the ADA COUNTY STREET NAME COMMITTEE (Under the direction of the Ada County Assessor) regarding this development/project in accordance with the Ada County Street Name Ordinance. Overall final street names are subject to change at Final Plat phase levels due to design changes, time constraints and or previous recorded plat street alignments. The following existing street names shall appear on plat: Please make the following changes or corrections: Please replace S FIG NLIT WAY with S LABRADOR WAY NOTE: If there are corrections and changes recommended, please make these changes on the subdivision plat and resubmit to the committee. A final review with no changes required and the matching plat must be presented to the Ada County Surveyor at time of recording. Agency Name Ada County Highway District Ada County Sheriff City Addressing City Planning and Zoning City Fire Department Ada County Assessor 1. - Page 1 of 2 S LOCUST GROVE RD 'E OVERLAND RD Core street Recommended for denial Proposed street names: Approved Denial -Reason code pg 2 Comment E BIRD DOG DR X 1 SFIG NUT WAY B Aligns with LABRADOR 3 _ 4 _ 5 - Please make the following changes or corrections: Please replace S FIG NLIT WAY with S LABRADOR WAY NOTE: If there are corrections and changes recommended, please make these changes on the subdivision plat and resubmit to the committee. A final review with no changes required and the matching plat must be presented to the Ada County Surveyor at time of recording. Agency Name Ada County Highway District Ada County Sheriff City Addressing City Planning and Zoning City Fire Department Ada County Assessor 1. - Page 1 of 2 ADA COUNTY STREET NAME COMMITTEE STREET NAME EVALUATION Meeting Date: March 10, 2016 Subdivision Name: SWINDELLSUB Codes/criteria regarding denial A Sounds like an existing street B Alignment with existing street C Duplicate street name within Ada County D Street name exceeds 13 letters E Other Page 2 of 2 Wpdcific August 11, 2016 Warren Stewart, City Engineer City of Meridian Public Works 33 E. Broadway Meridian, Id 83642 RE: Swindell Subdivision Dear Warren: I am writing this letter to state that the street finished grade (at centerline) for the above- mentioned subdivision is a minimum of 36" above the highest known groundwater elevation. If you have any questions please contact me at 275.8704. Thank you, Matt M Munger, P.E. 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