Application(�irEN
DIAN: --
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
Ty Palmer Anne Little Roberts
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
To ensure that your comments and recommendations will be considered by
the Meridian Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hall
Attn: Jacy Jones, City Clerk, by:
Transmittal Date: June 9, 2016
Hearing Date: July 7, 2016
File No.: H-2016-0068
June 30, 2016
Request: Request for a combined Preliminary Plat / Final Plat consisiting of One (1) Building Lot
on 0.19 of an Acre in the R-4 Zoning District For Velvet Point Subdivision
By: Mussell Construction
Location of Property or Project: E of S Locust Grove Rd Between E. Time Zone Dr & E Lake Street
Ryan Fitzgerald (No FP)
Gregory Wilson (No FP)
Steven Yearsley (No FP)
Patrick Oliver (No FP)
Rhonda McCarvel (No FP)
Tammy de Weerd, Mayor
City Council
Sanitary Services
Building Department
Fire Department
Police Department
City Attorney
City Public Works
City Planner
Parks Department
Economic Dev.
Meridian School District
Meridian Post Office
Ada County Highway District
Ada County Development Services
Central District Health
COMPASS
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Company
Qwest
Intermountain Gas Co.
Idaho Transportation Dept.
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
Boise Project Board of Control/Tim Page
City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
Hearing Date: July 7, 2016
File No.: H-2016-0068
Project Name: Velvet Point Subdivision - PFP
Request: Request for a combined preliminary/final plat consisting of 1 building lot on 0.19 of an
acre in the R-4 zoning district, by Mussell Construction.
Location: The site is located east of S. Locust Grove Road between E. Time Zone Drive and E.
Lake Street, in the SE'/a of Section 19, Township 3N., Range lE.
n MAY 3 1 2016
Planning Division
E IDI� IAN: --
s•,--DE`Cib9gA4ENT REVIEW APPLICATION
STAFF USE ONLY:
Project name:
File number(s).
:Assigned Planner:_Related filcs-
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
❑ 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
11 Final Plat
❑ Other
❑ Final Plat Modification
Applicant Information
Applicant name: Mussell Construction Phone: (208) 466-3331
Applicant address: PO Box 3304 Email: kent@mussellconstmction.com
City: Nampa State: JD Zip: 83653
Applicant's interest in property: N Own ❑ Rent ❑ Optioned ❑ Other
Owner name: Nampa & Meridian Irrigation District
Owner address: 1503 1st St Email:
Phone:
City: Nampa State: -I D Zip; 83651
Agent/Contact name (e.g., architect, engineer, developer, representative): Kent Mussell
Firm name: Mussell Construction (same as above) Phone:
Agent address:
City:
Primary contact is: 9 Applicant ❑ Owner ❑ Agent/Contact
Email:
State: Zip:
Subject Property Information
Location/street address: TBD S Velvet Falls Way Township, range, section: SA Salmon Rapids Nm 4
Assessor's parcel number(s): R7696680300
Total acreage: 0.19 Zoning district: R-4
Community Development . Planning Division • 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884.5533 Fax: 208.888.6854 www.meridiancitv.oWplannina
(Rev. 0611212014)
Project/subdivision name: Velvet Pointe Subdivision (Formerly Lot 5 Blk 7, Salmon Rapids Sub. No. 4)
General description of proposed project/request: Short Plat of single parcel in Salmon Rapids Sub. No. 4
originally platted as subdivision common area.
Proposed zoning district(s): R-4
Acres of each zone proposed: 0.1 g
Type of use proposed (check all that apply):
B Residential ❑ Office C1 Commercial ❑ Employment CI Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development? Existing
Which irrigation district does this property lie within? Nampa & Meridian Irrigation District
Primary irrigation source: Existing Pressurized Irrigation Secondary:
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: 1 Number of building lots: 1
Number of common lots: Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom: 2-3 bedrooms; 1 4 or more bedrooms:
Minimum square footage of structure (excl. garage): 1,500 Maximum building height: 28'
Minimum property size (s.f): 8,276.4 Average property size (s.f): 8,276.4
Gross density (Per UDC 11-1A-1): 1 per 8,276.4 s.f. Net density (Per UDC I I-1A-1): 1 per 8,276.4 s.f.
Acreage of qualified open space: N/A Percentage of qualified open space: N/A
Type and calculations of qualified open space provided in acres (Per UDC 11-3G-3B): N/A
Amenities provided with this development (if applicable): Existing (Water, Power, Sewer, Gas)
Type of dwelling(s) proposed: N Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: _
Gross floor area proposed:
Hours of operation (days and hours):
Total number of parking spaces provided:
Authorization
Print applicant name:
Applicant signature: _
Common lots: Other lots:
Existing (if applicable):
Building height: _
Number of compact spaces provided:
7
Date:
Community Development . Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888.6854 www.meridiancitv.ora/ulanning
-2- (Rev, 0611212014)
PROJECT NARRATIVE
VELVET POINTE SUBDIVISION
FINAL PLAT
MAY 27, 2016
STATEMENT OF CONFORMANCE:
The attached Final Plat for Velvet Pointe Subdivision conforms with all the requirements and
provisions of The City of Meridian's Uniform Development Code, and his been completed
according to acceptable engineering, architectural, and surveying practices, and local standards.
Due to the limited size and scope of the development, the project was not required by the City
of Meridian to obtain approval of a preliminary plat.
PROJECT DESCRIPTION:
The development proposal includes the attached plat consisting of a single 0.19 acre parcel,
currently Lot 5 Block 7 of Salmon Rapids Subdivision No. 4. The parcel was originally designated
as common area for the Salmon Rapids Subdivision in the plat recorded in 1998. At that time
the parcel was deeded to Nampa & Meridian Irrigation District and housed an old irrigation well
and pump house which have since been abandoned and removed. Since the development of
the subdivision, the parcel has never been developed or landscaped. The Irrigation district is
now selling the parcel, and has accepted an offer from Mussell Construction to purchase the
property.
The intent for the property is for Mussell Construction to build a single family detached
residence to be later purchased and occupied by Kent Mussell, a project manager / authorized
agent for the company. Copies of the design for the proposed residence are attached.
The only substantial change to the parcel involved in this plat is that the parcel is to no longer
be partof the Salmon Rapids Subdivision as common area, which will allow for the construction
of a single-family detached residence. No further subdivision, addition of streets, or amenities
are being proposed.
NEIGHBORHOOD MEETING RESPONSE
At the neighborhood meeting to discuss the development, a handful of neighbors expressed
concern that the plat would result in property that is not subject to the CC&R's. In an attempt
to reconcile the neighbors' worries, Mussell Construction is working with the HOA to try have
the CC&R's amended so that the new subdivision can be annexed into the HOA. Mussell
Construction has committed to adopting the CC&R's when/if the HOA has recorded the
appropria a mendment to the CC&R's allowing for this to occur.
' % 572-
Applicant Date
LEGAL DESCRIPTION
ALL OF LOT 5 BLOCK 7 OF SALMON RAPIDS SUBDIVISION NO. 4, A PART OF THE SE %, SECTION
19, T. 3 N., R. 1 E., B.M, MERIDIAN, ADA COUNTY, IDAHO 2016
RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS A LEGALLY A BENDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS.
IF YOU
U HAVE ANY OUE$710N5, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING
NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, AGREEMENTS Page 1 of 7
OR REPRESENTATIONS NOT EXPRESSLY SET FORTH HEREIN SHALL BE BINDING UPON EITHER PARTY.
z LISTING AGENCY Colliers Interintation"L
Office Phone # 200.345-9000 Fax #
3 Lisfing Agent John Stari Jimmy Roumanis E-mail iimmv roumanisCo?coll ler�jdahO.net Phone # 2QB-908-8998
4 SELLING AGENCY Dickerson Land Group LLC Office Phone # 208-2834207 Fax tf 208.465-7626
s Selling AgentJerry Dickerson E-Mail .lerrvgdlckersonlandaroup.com Phone # 208.283-8207
6
7 1. BUYER: Mussels Construction
a (Hereinafter called "BUYER") agrees to purchase, and the undersigned SELLER agrees to sell the following described real estate hereinafter referred to as
o "PROPERTY" COMMONLY KNOWN AS NNA S Velvet Falls
1a _ Marlla� City ADA County, ID, Zip 83642 legally described as:
1i LOT 05 BLK 01 S MAL ON RAPIDS SUB #4—�980 899990�T
12 OR Legal Description Attached as exhibit. (Exhibit must accompany original offer and be signed or initialed by BUYER
13 and SELLER.)
i5 2. $ 35 000.00 PURCHASE PRICE: Thirty -Five Thousand DOLLARS,
is payable upon the following TERMS AND CONDITIONS (not including closing costs):
17
is This offer is contingent upon the sale, refinance, and/or closing of any other property 0 Yes R1 No
19
7o 3. FINANCIAL TERMS: NOW A+C+D+E must add up to total purchase price.
21 (A). $ 1,000.00 EARNEST MONEY: BUYER hereby deposits One Thousand
22 DOLLARS As Earnest Money evidenced by: Ocean lapersonal check Ocashier's check Oriole (due date):
23 ❑other.. and a receipt is hereby acknowledged.
24 Earnest Money to be deposited in trust account ❑upon receipt or lidupon acceptance by BUYER and SELLER or Oothor
2s To be deposited at TstieOnar Idaho Center within 24 hours of acceptance
26 and shall be held by OUsling Broker OSelting Broker ❑other for the benefit of the parties hereto.
27 THE RESPONSIBLE BROKER SHALL BE:
28
29 (B). ALL CASH OFFER: ONO RYES If this is an all cash offer do not complete Sections 3C and 3D, fill blanks with "0" (ZERO). IF CASH
on OFFER, BUYER'S OBLIGATION TO CLOSE SHALL NOT BE SUBJECT TO ANY FINANCIAL CONTINGENCY. BUYER agrees to provide SELLER
51 within business days (five 151 if left blank) from the date of acceptance OF this agreement by all parties, evidence of sufficient funds and/or proceeds
32 necessary to close transaction. Acceptable documentation Includes, but is not limited to, a copy of a recent bank or financial statement.
33 Cash proceeds from another sale: ❑ Yes ® No
'14 (C). $ 0.00 NEW LOAN PROCEEDS: This Agreament is contingent upon BUYER obtaining the following financing:
35 FIRST LOAN of $ not including mortgage insurance, through OFHA, OVA, OCONVENTIONAL, ❑IHFA, ORURAL
3s DEVELOPMENT, DOTHER with Interest not to exceed °/ for a period of _ year(s) at; OFued. Rate OOther.
97 In the event BUYER is unable, after exercising good faith efforts, to obtain the indicated financing, BUYERSs Earnest Money shall be returned to BUYER.
ga SECOND LOAN of S wkh interest not to exceed % for a period of years) at OFixed Rate OOther,_
30 LOAN APPLICATION; BUYER Ones applied OR Oshall apply for such load within) business days (five [51 If left blank) of SELLER'S acceptance.
ac Within business days (tan [101 If left blank) of final acceptance of all parties, BUYER agrees to furnish SELLER with a written confirmation
nr showing lender approval of credit report, Income verification, debt ratios, and evidence of sufficient funds and/or proceeds necessary to
42 close transaction In a manner acceptable to the SELLER(S) and subject only to satisfactory appraisal and final lender underwriting. If such
43 written confirmation is not received by SELLER(S) within the strict time allotted, SELLER(S) may at their option cancel this agreement by notifying
44 BUYER(S) in writing of such canoalla0on within_ business days (three [31 If left blank) after written confirmation was required. If SELLER does not
45 cancel within the strict time period specified as set forth herein, SELLER shall be deemed to have accepted such written confirmation of lender approval
44 and shall be deemed to have elected to proceed with the transaction. SELLER'S approval shall not be unreasonably withheld. If an appraisal is
47 required by lender, the PROPERTY must appraise at not less than purchase price or BUYER'S Earnest Money shall be returned at BUYER'S
4e request. BUYER may also apply for a loan with different conditions and costs and close transaction provided all other terms and conditions of this
49 Agreement are fvilifed, and the new loan does not increase the costs or requirendidnis to The SELLER. PHA I VA: If applicable, It is expressly agreed
w that notwithstanding any other provisions of this contract. BUYER shall not be obligated to complete the purchase of the PROPERTY described herein or
to incur any penalty or forfeiture of Earnest Money deposits or otherwise unless BUYER has been given in accordance with HUD/FHA or VA
si requirements a written statement by the Federal Housing Commissioner, Veterans Administration or a DirectEndorsement fender setting forth the
53 appraised value of the PROPERTY of not less than the sales price as stated in the contract,
54
55 0). $ ADDITIONAL FINANCIAL TERMS:
ss M Additional financial terms are specified under the heading "OTHER TERMS AND/OR CONDITIONS' (Section 4).
sr ❑ Additional financial terns are contained In a FINANCING ADDENDUM of some date. attached hereto, signed by both parties.
5s
59 (E). $ 34000.00 APPROXIMATE FUNDS DUE- FROM BUYERS AT CLOSING (Not Including closing costs): Cash at
ss closing to be paid by BUYER at closing in GOOD FUNDS, Includes: cash, electronic transfer funds, certified check or cashier's check.
BUYER'S Initials L p `)( 1 Date �i 0 .,,5 � �tJ.��„ SELLER'S Initials L Date
This lam Is amwd and usida totl by Ed Norio REALTORi Im 1'MS lain had been tivolnied and ix pruviWH! rer use by the roar eaifie. profess,omm whb era na,mbaru 4I In.
ICeho REALI ORsu. USE BY ANY OTHER PERSON IS PROHIBITED. 6C.pyrigni Idaho HaALI OR501 Inc, NI ngbi5.,served.
JULY 2015 EDITION RE.21 REAL ESTATE PURCHASE. AND SALE AGREEMENT Page 1 of 7
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JULY 2016 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 7
PROPERTY ADDRESS: NNA S Velvet Palls Meridian 83642 ID#: 19718934
4. OTHER TERMS AND/OR CONDITIONS: This Agreement is made subject to the following special terms, considerations and/or contingencies which
must be satisfied odor to closing
13 days due diligence period. Closing 5/19/2016
S. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings that are attached to the PROPERTY are INCLUDED IN THE
PURCHASE PRICE (unless excluded below), and shall be transferred free of (lens, These include, but are not limited to, all seller -owned attached floor
coverings, attached television antennae, satellite dish, attached plumbing, bathroom and lighting fixtures, window screens, screen doors, storm doors, storm
windows, window coverings, garage door opener(s) and transmitter(s), exterior trees, plants or shrubbery, water heating apparatus and fixtures, attached
fireplace equipment, awnings, ventilating, cooling end heating systems, all ranges, ovens, built-in dishwashers, fuel tanks and irrigation fixtures and
equipment, that are now on or used in connection with the PROPERTY and shall be Included in the sale unless otherwise provided herein. BUYER should
satisfy himself/herself that the condition of the included items is acceptable. It is agreed that any item Included Inthis section is of nominal valueless than $100,
(A), ADDITIONAL ITEMS SPECIFICALLY INCLUDED IN THIS SALE:
(B). ITEMS SPECIFICALLY EXCLUDED IN THIS SALE:
6. MINERAL RIGHTS: Any and all mineral rights appurtenant to the PROPERTY are included in and are part of the sale of this PROPERTY unless
otherwise agreed to by the parties in writing.
7. WATER RIGHTS: Any and all water rights including but not limited to water systems., wells, springs, lakes, streams, ponds, rivers, ditches, ditch rights,
and the like, If any, appurtenant to the PROPERTY are included in and are a part of the sale of this PROPERTY unless otherwise agreed to by the parties In
writing.
S. TITLE CONVEYANCE; Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except
for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any
governmental unit, and rights of way and easements established or of record. Liens. encumbrances or defects to be discharged by SELLER may be paid out
of purchase money at date of closing. No liens, encumbrances or defects which are to be discharged or assumed by BUYER or to which title Is taken
subject to, exist unless otherwise specified In this Agreement.
9. TITLE INSURANCE: There may be types of title insurance coverages available other than those listed below and parties to this agreement
are advised to talk to a title company about any other coverages available that will give the BUYER additional coverage.
(A). PRELIMINARY TITLE COMMITMENT: Within business days (six 161 if leg blank) of final amaplanne of all parties, ...;:SELLER or BUYER shall
fumish to BUYER 9 preliminary commitment of a title insurance policy showing the condition of the title to Said PROPERTY. BUYER shall have
business days (Iwo [21 it left blank) after receipt of the preliminary commitment, within which to object in writing to the condition of the title as set forth m
the preliminary commitment. If BUYER does not so object, BUYER shall be deemed to have accepted the conditions of the title. It Is agreed that if the title
of said PROPERTY Is not marketable, and cannot be made so within business days (two [21 If left blank) after SELLER'S receipt of a written abjection
and statement of defect from BUYER, then BUYER'S Earnest Money deposit shall be returned to BUYER and SELLER shall pay for the cost of title
insurance cancellation fee, escrow and legal fees, If any.
(8). TITLE COMPANY: The parties agree that TftleOne Emily Williams Title Company
located at Idaho Center shall provide the title policy and preliminary report of commitment.
(C). STANDARD COVERAGE OWNER'S POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title Insurance policy in the
amount of the purchase price of the PROPERTY showing marketable and insurable tl0e subject to the liens, encumbrances and defects elsewhere set out
in this Agreement to be discharged or assumed by BUYER unless otherwise provided herein. The risk assumed by the title company in the standard
coverage policy is limited to matters of public record. BUYER shall receive a ILTA7ALTA Owner's Policy of Title Insurance. A title company, al
BUYERS request, can provide information about the availability, desirability. coverage and cost of various title insurance coverages and endorsements. If
BUYER desires title coverage other than that required by this paragraph, BUYER shall instruct Closing Agency in writing and pay any increase In cost
unless otherwise provided herein.
(D). EXTENDED COVERAGE LENDER'S POLICY (Mortgages policy): The lender may require that BUYER (Borrower) furnish an Extended Coverage
Lender's Policy. This extended coverage lender's policy considers matters of publicrecord and additionally ionally insures against certain matters not shown In
the public record. This extended coverage lender's policy is solely for the benefit of the lender and only protects the lender.. 7
BUYER'S Initials (_ -._,._.�) pate SELLER'S Initials L& (L Date
This fpnn ro primed and ZS;bbwled by the Idaho RE4LTORS&Inc.TNn fo,tn has been dbWgned and In p,,NN wdlot and Sy01u real nxmta IIJWPSnIlN1a19 whn nrP memlMJn ur the
Idanv-REAI MRSa9 USE 9Y MY OTHER PERSON IS PROM SITED. 00.,bydphl HOW REALTORSWM. Ina; Nl nehtt Nnervetl.
JULY 2015 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 7
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JULY 2015 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 7
PROPERTY ADDRESS: NNA S Velvet Falls Meridian a3642 ID#: 19718934
10, INSPECTION:
(A). BUYER chooses Ole have inspection Knot to have inspection. if BUYER chooses not to have inspection,. skip Section 10B, BUYER shall have
the right to conduct inspections, Investigations, tests, surveys and other studies at BUYER'S expense.. BUYER shall, within _business days (five
[5] if left blank) of acceptance, complete these inspections and give to SELLER written notice of disapproved items or written notice of termination of this
Agreement based on an unsatisfactory inspection. BUYER Is strongly advised to exercise these rights and to make BUYER'S own selection of
professionals with appropriate qualifications to conduct Inspections of the entire PROPERTY, BUYER shalt keep the PROPERTY free and clear of liens;
indemnify and hold SELLER harmless from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections.
SELLER shall make PROPERTY available for Inspection and agrees to accept the responsibility and expense for making sure all the utilities are turned
on for the inspection except for phone and cable. Some inspections, investigations, tests, surveys and other studies may require additional days to
complete. The parties agree that unless specifically set forth below, the above fimeframe for investigations, tests, surveys and other studies shall govern.
No inspections may be made by any governmental building or toning Inspector or government employee without the prior consent of
SELLER unless required by local law.
O In the event this offer is subject to a short sate approval by a mortgage company, the time frame for completing Inspections shall begin upon written
approval of the short sale by the mortgage company and/or all lien holders.
Additional inspectionsrtimeframes:
(8). SATISFACTIONIREM OVAL OF INSPECTION CONTINGENCIES:
1). if BUYER does not within the strict time period specified give to SELLER written notice of disapproved items or written notice of termination of this
Agreement; BUYER shall conclusively be deemed to have: (a) completed all Inspections, investigations, review of applicable documents and disclosures;
(b) elected to proceed with the transaction and (c) assumed all liability, responsibility and expense for repairs or corrections other than for items which
SELLER has otherwise agreed in writing to repair or correct.
2). If BUYER does within the strict time period specified give to SELLER written notice of termination of this Agreement based on an unsatisfactory
inspection, the parties will have no obligation to continue with the transaction and the Earnest Money shall be returned to BUYER.
3). If BUYER does within the strict time period specified give to SELLER written notice of disapproved items, BUYER shall provide to SELLER
pertinent saction(s) of written Inspection reports upon request, If applicable. Upon receipt of written notice SELLER shall have business
days (three [3J I left blank) In which to respond In writing. SELLER, at SELLER's option, may correct the items as specified by BUYER In their letter or
may elect not to do so. If SELLER agrees in writing to correct items requested by BUYER, then both parties agree that they will continue with the
transaction and proceed to closing. Immediately upon a written response from SELLER that rejects BUYER's requests, in whole or In part, BUYER may
proceed under 10(8)(4) below.
4). If SELLER does not agree to correct BUYER's items within the strict time period specified, or SELLER does not respond In willing within the strict
time period specified, then the BUYER has the option of either continuing the transaction without the SELLER being responsible for correcting these
deficiencies or giving the SELLER written notice within — business days (three [3) if left blank) that they will not continue with the transaction and
will receive their Earnest Money back.
5). If BUYER does not give such written notice of cancellation within the strict time periods specified, BUYER shall conclusively be deemed to have
elected to proceed with the transaction without repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or
correct.
(C). Home Warranty Programs are available for purchase through a number of Home Warranty Companies.
11. LEAD PAINT DISCLOSURE: The subject PROPERTY ❑is jets not defined as "Target Housing" regarding lead -based paint or lead -based paint
hazards. The term lead -based paint hazards is intended to identify lead -based paint and all residual lead -containing dusts and soils regardless of the
source of the land, If yes, BUYER hereby acknowledges the following: (a) BUYER has been provided an EPA approved lead -based paint hazard
Information pamphlet, "Protect Your Family From Lead in Your Home", (b) receipt of SELLER'S Disclosure of Information and Acknowledgment Form and
have been provided with all records, test reports or other information, if any, related to the presence of lead -based paint hazards on said PROPERTY,
(c) that this contract is contingent upon BUYERS right to have the PROPERTY tested for lead -based paint hazards to be completed no later than
or the contingency will terminate, (d) that BUYER hereby Dwalves L7does not waive this right, (a) that If test results show
unacceptable amounts of lead -based paint on the PROPERTY, BUYER has the right to cancel the contract subject to the option of the SELLER (to be given
in writing) to elect to remove the laad-based paint and correct the problem which must be accomplished before closing, (f) that If the contract is canceled
under this cause, BUYER'S earnest money deposit shall be returned to BUYER, Additionally, if any structure was built before 1978 and is a residential
home, apartment or child -occupied facility such as a school or day-care center, federal law requires contractors that disturb lead based paint in thatstructure
to provide the owner with a'Renovate Right" pamphlet. The contractor shall be certifled and followspecific work practices to prevent lead contamination,
BUYER'S. Initials (4. r }() Date vrK ,(�_ SELLER'S Irideis LkJ(. ) Date / V-1r, /6
Tho form n ahotad arm alslnouhiJ by the laaho RE;ALTORSE4 hm. Tre4 farm hae tuwn aeugnad and is prnWtllM for use h/'the red Nadia nrorasvonals wha nrr, mbnttaln', at a
Idaho REALI'OR3 USE 01111 OTHER PERSON IS PROHIBITED. Gflapyaght Naha REALTORSC Inc. Ail nghru raahrvad.
JULY 201$ EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 7
Instanefr<s,. ;
JULY 2015 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 7
PROPERTY ADDRESS: NNA $ Velvet Falls Meridian 83642 lot. 19718934
2w 12, MOLD DISCLAIMER: BUYER is hereby advised that mold and/or other microorganisms may exist at the Property. Upon closing BUYER
let acknowledges and agrees to accept full responsibility and risk for any matters that may result from mold and/ or other microorganisms and to
2nz hold SELLER and any Broker or agent representing SELLER or BUYER harmless from any liability or damages (financial or otherwise) relating to
203 such matters.
2a4
2os 13. SQUARE FOOTAGE VERIFICATION: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE REAL PROPERTY
2o6 OR IMPROVEMENTS IS APPROXIMATE. IF SQUARE FOOTAGE IS MATERIAL TO THE BUYER, IT MUST BE VERIFIED DURING THE INSPECTION
2m PERIOD.
2011
2oq 14. SELLER'S PROPERTY CONDITION DISCLOSURE FORM; If required by Title 55, Chapter 25 Idaho Coda SELLER shall within ten (10)
210 calendar days after execution of this Agreement provide to BUYER or BUYER'S agent, "Seller's Property Condition Disclosure Form" or other acceptable
211 form. BUYER has received the "Seller's Property Condition Disclosure Form" or other acceptable form prior to signing this Agreement OYes ONO Ili
212
213 1S. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs); As part of the BUYER'S inspection Of the PROPERTY as set forth In Section 10,
214. BUYER is responsible for obtaining and reviewing a copy of any CC&Rs which may affect the PROPERTY. BUYER shall have business days (five
215 [5) If left blank) but in no event shall such time period exceed that time period set forth for inspections In Section 10, to review any CC&Rs that may affect the
210 PROPERTY. Unless BUYER delivers to SELLER a written and signed objection to the terms of any applicable CC&Rs with particularity describing BUYER'S
217 reasonable objections within such time period as set forth above, BUYER shall be deemed to have conclusively waived any objection to the terms of any
21a CC&Rs affecting the PROPERTY, nothing contained herein shall constitute a waiver of BUYER to challenge CC&Rs directly with a homeowners association
215 after closing. If BUYER timely and reasonably objects to a term of the CC&Rs, this Agreement shall terminate and the Earnest Money shall be returned to
22c BUYER.
221
222 16. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership in a Home Owners Association may be required and
223 BUYER agrees to abide by the Articles of Incorporation, Bylaws and rules and regulations of the Association. BUYER is further aware that the PROPERTY
224 may be subject to assessments levied by the Association described in full in the Declaration of Covenants, Conditions and Restrictions. BUYER has
225 reviewed Homeowners Association Documents: Oyes ONo ONIA. Association feesidues are $ per
225 ❑BUYER OSELLER RNIA to pay Homeowners Association SET UP FEE of $ and/or PROPERTY TRANSFER FEES of
227 at closing.
228
229 17. COSTS PAID BY: The parties agree to pay the following costs as indicated below. None of the costs to be paid by the parties in this section creates
230 an inspection or performance obligation other than strictly for the payment of costs. There may be other costs incurred in addition to those set forth below.
231 Such costs may be required by the lender, by law, or by other such circumstances.
232
233 SELLER agrees to pay up to E. O ($0 if left blank) of lender required repair costs only.
z34 BUYER or SELLER has the option to pay any lender required repair costs in excess of this amount.
235
eau Upon closing SELLER agrees to pay EITHER %.(NIA If left blank) of the purchase price OR $_ (NIA if left blank) of
227 lender -approved BUYER'S closing costs, lender fees, prepaid costs and any fees associated with completing the transaction which Includes but
23s Is not limited to those Items in BUYER columns marked below.
239
BUYER.
SELLER
Shared
Equally
NIA
BUYER
SELLER
Shared
EQUally
N7A.
Appraisal Fee
X
Title Ins, Standard Coverage Owners Policy
X
Appraisal Re4mmoction Fee
K
Title Ins, Extended Coverage
Lenders Policy —Mortgagee Policy
K
Closing Escrow Fee
X
Additional Tire Coverage
K
Lander Document Preparation Fee -
-
X
Domestic Well Water Potability Test
1K
Tax Service Fee
X
Domestic Well Water Productivity Test
X
Flood Camficaaonfrmaing Fee
K
Septic inspections
X
Lender Required Inspections
X
Septic Pumping
X
Attorney Contract Preparation or corns Fee
X
Survey
X
240
241 18.00CUPANCY: BUYER 0does ❑does not intend to occupy PROPERTY as BUYER'S primaryresidence,
242
BUYER'S INtials (___)(_,_)f0_ SELLER'S Initials l/ (_) Date Tgs forma primed and diairirmad by Via loaho REALTORS& Inc TOs tam he0 been nes,nad and is praNbi ea cad for uaa by the mlaln pmlastionaia wnb are ambers oI a n
Idahn REA00n3C. USE BY ANY OTMER PERSON IS PROHIBITED. QCopyngbl iderro REALTORSrr. Inc. All tights rasa fed,
JULY 2015 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 7
Instonetm;ims
JULY 2015 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 7
PROPERTY ADDRESS: NNA S Velvet Falls Meridian 83§42 ID#: 19718934
243 19. RISK OF LOSS OR NEGLECT: Prior to closing of this sale, all risk of lossshall remain with SELLER. In addition, should the PROPERTY be
244 materially damaged by Ore, neglect, or other destructive cause prior to closing, this agreement shall be voidable at the option of the BUYER.
245
gas 20. FINAL WALK THROUGH: The SELLER grants BUYER and any representative of BUYER reasonable access to conduct a final walk through
247 Inspection of the PROPERTY approximately calendar days (three 131 if left blank) prior to close of escrow, NOT AS A CONTINGENCY OF THE
248 SALE, but for purposes of satisfying BUYER that any repairs agreed to in writing by BUYER and SELLER have been completed and PROPERTY are in
244 substantially the same condition as on the dale this offer is made. SELLER shall make PROPERTY available for the final walk through and agrees to accept
25o the responsibility and expense for making sure all the ulllilles are turned onfor the walk through except for phone and cable. If BUYER does not conduct a
251 final walk through, BUYER specifically releases the SELLER and Broker(s) of any lieblllty.
z52 21. SINGULAR AND PLURAL terms each include theother, when appropriate.
253
25, 22, FORECLOSURE NOTICE: If the PROPERTY described above Is currently involved In a foreclosure proceeding (pursuant to Idaho Code §45.1606)
255 any contract or agreement with the owner or owners of record that involves the transfer of any interest in residential real property. as defined in §45.
lim 525(5)(b), Idaho Code, subject to foreclosure must be in writing and must be accompanied by and affixed to RE42 Property Forelosure Disclosure Form.
257
25a 23. MECHANIC'S LIENS - GENERAL CONTRACTOR DISCLOSURE STATEMENT NOTICE: BUYER and SELLER are hereby notified that,
259 subject to Idaho Code 945525 at seq., a "General Contractor" must provide a Disclosure Statement to a homeowner that describes certain rights afforded to
260 the homeowner (e.g. lien waivers, general liability Insurance, extended policies of title insurance, surety bonds, and sub -contractor information). The
261 Disclosure Statement must be given to a homeowner prior to the General Contractor entering into any contract. in an amount exceeding $2,000 with a
262 homeowner for construction, alteration, repair, or other improvements to real property, or with a residential real property purchaser for the purchase and sale
2s3 of newly constructed properly. Such disclosure is the responsibility of the General Contractor and it Is not the duly of your agent to obtain this Information on
264 your behalf. You are advised to consult with any General Contractor subject to Idaho Code §45-525 et seq. regarding the General Contractor Disclosure
2e5 Statement.
2ss
267 24. SALES PRICE INFORMATION: Pursuant to Idaho Coda §54-2083(6)(d), a "sold" Price of real property is not confidential client information.
268
ass 25. TRANSMISSION OF DOCUMENTS: Facsimile or electronic transmission of any signed original document, and retransmission of any signed
270 facsimile or electronic transmission snail be the same as delivery of an original. At the request of either the BUYER or SELLER, or the LENDER, or the
271 Closing Agency, the BUYER. and SELLER will confirm facsimile or electronic transmitted signatures by signing an original document,
272
no 26. BUSINESS DAYS: A business day is herein defined as Monday through Friday, 8:00 A,M. to 5:00-P.M. in the local time zone where the subject real
274 PROPERTY is physically located. A business day shall not include any Saturday or Sunday. nor shall a business day include any legal holiday recognized
275 by the state of Idaho as found in Idaho Code §73-108., The time in which any act required under this agreement Is to be performed shall be computed by
276 excluding the date of execution and including the last day. The first day shall be the day after the date of execution, tithe last day is a legal holiday, then the
277 time for performance shall be the next subsequent business day.
27e
279 27. CALENDAR DAYS: A calendar day is herein defined as Monday through Sunday, midnight to midnight, in the local time zone where the subject real
2ao PROPERTY is physically located. A calendar day shall Include any legal holiday. The time In which any act required under this agreement is to be performed
lei shall be computed by excluding the date of execution and including the last day, thus the first day shall be the day after the date of execution. Any reference
282 to "day" or `days" in this agreement means the same as calendar day, unless specifically enumerated as a "business day.'
2e3
ze4 28. ATTORNEY'S FEES: if either party initiates or defends any arbitration or legal action or proceedings which are In any way connected with this
2s5 Agreement, the prevailing party shall be entitled to recover from the non -prevailing party reasenable costs and attorneys fees, including such costs and fees
gas on appeal.
287
2as 29. DEFAULT: If BUYER defab ite in the performance of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated
2ss damages or (2) pursuing any other lawful right and/or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1), SELLER shall make
no demand upon the holder or the Earnest Money. upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER'S Broker
st on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, appraisal, credit report
292 fees, inspection fees and attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER'S
no Broker, provided that the amount to be paid to SELLER'S Broker shall not exceed the Broker's agreed -to commission. SELLER and BUYER specifically
2sa acknowledge and agree that If SELLER elects to accept the Earnest Money as liquidated damages, such shall be SELLER'S sole and exclusive remedy, and
2ss such shall not be considered a penalty or forfeiture. If SELLER elects to proceed under (2), the holder of the Eamest Money shall be entitled to pay the costs
296 incurred by SELLER'S Broker an behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage fee, title
2W insurance, escrow fees, appraisal, credit report fees, inspection fees and attorneys fees, with any balance of the .Earnest Money to be held pending
296 resolutionof the matter. If SELLER defaults having approved said sale and falls to consummate the same as herein agreed, BUYER'S Earnest Money
zoo deposit shall be returned to himther and SELLER shall pay for the costs of title insurance, escrow fees, appraisals, credit report fees, Inspection fees,
no brokerage fees and attorney's fees, it any. This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be
301 entitled.
302
me 30. EARNEST MONEY DISPUTE I INTERPLEADER: Notwithstanding any termination or breach of this Agreement, BUYER and SELLER agree that
so4 in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency. Broker may reasonably rely on the terns
3c5 of this Agreement or other written documents signed by both parties to determine how to disburse the disputed money. However, Broker or closing agency
3W shall not be required to take any action but may await any proceeding, or at Broker's or closing agencys option and sole discretion, may interplead all parties
307 and deposit any moneys or things of value into a court of competent jurisdiction and shall recover all costs which were incurred as a result of the dispute
ws Including, but not limited to, reasonable attorney's fees. If either parties' Broker Incurs attorneys fees as a result of any Earnest Money dispute, whether or
on not formal legal action,; iiss !taken said Broker is entitled to recover actual fees Incurred from either BUYER or SELLER. � /� 16
BUYER'S Initials ( jf_ ' N..,....... _...._�) Date bar SELLER'S initials ""///AT'rG�7I`)(__-___„_,_I Date /".
This burn Is rir•nlad pop idainbNaid by the Hare REALTOR", Mc. Thro faro, has boas deaianad and le prowled for use y Ina real ester PaMs ashols who am mrtmners o he
Idaho REALTORSQtr. USE BY ANY OTHER PERSON IS PROHIBITED, 6Copynl nt IdaRo RP.ALTORSe,, Ina, Ali fights reserved,
JULY 2015 EDITION RE-21REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 7
Instanetfc:ea+a
JULY 2015 EDITION RE•21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 6 of 7
PROPERTY ADDRESS; NNA S Velvet Falls Meridian 03642 ID#: 19718934 _
31P
311 31, COUNTERPARTS: This Agreement may be executed in counterparts. Executing an agreement in counterparts shall mean the signature o two
312 identical copies of the same agreement. Each identical copy of an agreement signed in counterpartsis deemedto be an original, and all identical copies
313 shall together constitute one and the same insWment.
114
w5 32. "NOT APPLICABLE" DEFINED: The letters"Na," "NIA," "n.a.;' and"NA,' as used herein are abbreviations of the tenn "not applicable." Where this
315 agreement uses the term "not applicable' or an abbreviation thereof, it shall be evidence that the parties have contemplated certain facts or conditions and
317 have determined that such facts or conditions do not apply to the agreement or transaction herein.
its
319
320
321
372
323
324
s25
326
327
32e
329
338
331
332
133
334
335
336
137
338
339
340
341
342
343
344
M5
346
347
us
349
350
311
362
363
354
355
35a
357
35a
150
sec
361
362
3a3
364
385
366
367
30
M9
378
3T1
372
373
374
375
33. SEVERABILITY: in the case that any one or more of the provisions contained in this Agreement, or any application thereof, shall be invalid, illegal or
unenforceable In any respect, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby..
34. REPRESENTATION CONFIRMATION: Check one (1) box In Section 1 and one (1) box in Section 2 below to confirm that in this transaction, the
brokerages) involved had the following relationship(s) with the SUYER(S) And SELLER(S).
Section 1:
M A. The brokerage working with the BUYER(S) is acting as an AGENT for the BUYER($).
❑ B. The brokerage working with the BUYER(S) Is acting as a LIMITED DUAL AGENT for the BUYER(S), without an ASSIGNED AGENT,
❑ C. Thebrokerageworking with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYERS) and has an ASSIGNED AGENT
acting solely on behalf of the BUYER($)•
❑ D. The brokerage working with the BUYERS) Is acting as a NONAGENT for the BUYER($).
Section 2:
10 A. The brokerage working with the SELLER(S) Is acting as an AGENT for the SELLER(S),
❑ C, The brokerage working with the SELLEh the RS) Is actinis g as a LIMITED DUAL AGENT for the SELLERas a LIMITED DUAL AGENT for the (S)�and has an ASSIGNED without an ASSIGNED AGENT
acting solely on behalf of the SELLER(S).
O D. The brokerage working with the SELLER(S) is acting as a NONAGENT for the SELLER(S).
Each party signing this document confirms that he has received. read and understood the. Agency Disclosure Brochure adopted or approved by the Idaho
real estate commission and has consented to the relationship confirmed above. In addition, each party confirms that the brokerage's agency office policy
was made available for inspection and review. EACH PARTY UNDERSTAND$ THAT HE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A
BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION.
35. CLOSING: On or before :the closing date, BUYER and SELLER shall deposit with the closing agency all funds and instruments necessary to complete
this transaction, Closing means the date on which all documents are either recorded or acceppted by an escrow agent and the sale proceeds are
available to SELLER. The closing shall be no later then (Date) 05l191201 S
The parties agree that the CLOSING AGENCY for this transaction shall be
located at loan cenxer
If a long-term escrow / collection is Involved, then the long-term escrow holder shall be
36. POSSESSION: BUYER shall be entitled to possession Mupon closing or ❑ools time OA.M. ❑RM.
37. PRORATIONS: Property taxes and water assessments (fusing the last available assessment as a basis), rents, Interest and reserves, liens,
encumbrances or obligations assumed, and utilities shall be prorated as of -
BUYER to reimburse SELLER for fuel in tank ❑ Yes ® No (Not Applicable if left blank). Dollar amount may be determined by SELLER's supplier.
38. ASSIGNMENT: This Agreement and any rights or interests created herein M may ❑ may not be sold, transferred. or otherwise assigned.
39. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the patties respecting the matters herein set forth and supersedes all prior
Agreementsbetween the parties respecting such matters.
40. TIME IS OF THE ESSENCE IN THIS AGREEMENT.
41. AUTHORITY OF SIGNATORY;. If BUYER or SELLER is a corporation, partnership, trust, estate, or other entity, the person executing this
agreement on Its behalf warrants his or her authority to do so and to bind BUYER or SELLER.
42. ACCEPTANCE: This offer Is made subject to the acceptance of SELLER and BUYER on or before (Date) 05/0012016. at (Local Time in
which PROPERTY is located) 2:30 ❑A.M. IaP.M.
BUYER'S Initials Date - 0 7 ( � � � SELLER'S Initials kl_�,(
Tl,w lv:rt, Ix{v, .d r;0@eaih„extl by fhaldabn REALTORWrI.. This form Ira. bear refrwrxi-Wisprovided ruruw by lhalu.8 eslxta.Plalraaimerve xr,o are reemhers the
Idaho REALTOR. USE BY ANY OTHER PERSON IB PROHIBITED, =r pynghl Idalw REALTORSLR Inc. All ,i91n rM9rvetl.
ac"Page 6 of 7
JULY 2015 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT 9
InstanetfoQm4
376
377
3711
379
390
351
332
3B3
3B4
365
X8
387
386
38a
390
391
392
393
304
395
396
297
396
399
400
401
4n2
403
4U4
405
406
407
40B
409
410
All
412
413
414
415
4is
417
415
419
420
421
422
4"23
424
425
420
427
42H
429
430
43,
432
433
43
435
436
437
438
439
440
441
442
443
444
JULY 2015 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 7 of 7
PROPERTY ADDRESS: NNA S Velvet Falls _, Meridian 83642 ID#: 19718934
43. BUYER'S SIGNATURES:
❑SEE ATTACHED BUYER'S ADDENDUM(S): (Specify number of BUYER addendum(s) attached.)
OSEE ATTACHED BUYER'S EXHIBIT($):.______ (Specify number of BUYER exhibit(s) attached.)
❑I Bt{{fUUY�Y.ER does currently hold an active Idaho real estate license. ❑ BUYER Is related to agent, J
BUYER Signature J BUYER (Print Name),O
Date Time OA.M, ❑P.M, Phone # Cell #
Address 6 L E-Mail
City State.. Zip _ Fax #_
BUYER
Date
0 BUYER does currently hold an active Idaho real estate license. ❑ BUYER is rotated to agent.
Time
State
BUYER (Print
❑P.M. Phone#
44. SELLER'S SIGNATURES: On this date, Vuve hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all
the terms thereof on the part of the SELLER.
❑SIGNATURE(S) SUBJECT TO ATTACHED COUNTER OFFER
OSIGNATU RE(S) SUBJECT TO ATTACHED ADDENDUM($) #
OSIGNATURE(S) SUBJECT TO ATTACHED EXHIBITS) # _.,_,
5 nc.
D SELLER d s currently hold an active Idaho real estate license. ❑ SELLER is related to agent, W-�7 w Pd b,
SELLER Signature�� �+ SELLER (Print Nama) (?Y,
Date IL �Oov�,.hf�l�2� Trt�l1
/4AA4 - % Tima ()"3 12 A.M. OP.M. Phone 0�g� 66-�%{�� Cell# Q!5%yre�f
Address / O E-Mall
Cityhi, .9'Y" aL State :T�, Zip � �. y Fax#
CONTRACTOR REGISTRATION # III applicable)
❑ SELLER does currently hold an active Idaho real estate license. ❑ SELLER Is related to agent.
SELLER Signature SELLER (Print Name)
Date Time CA.M..OP.M. Phone # Cell #
state Zip
CONTRACTOR REGISTRATION # (If applicable)
LATE ACCEPTANCE
if acceptance of this offer is received after the time specified, It shall not be binding on the BUYER unless BUYER approves of said
acceptance within calendar days (three [3] if left blank) by BUYER initialing HERE . If BUYER timely approves of
SELLER'S late acceptance, an initialed copy of this page shall be Immediately delivered to SELLER.
I N., hrm In pnnnd and dninw Wl. by IN WM. REALTORS&, Inc, INi hrm hna breon tiv14W,M a, Is p.h.d far unv by IN m,W bntute p!Menrianala wNo are inert al IN
Idebo RPALTORSy`, USE BY ANY OTHER PERSON IS PROHIBITED Oc,,,yneM WIN RMTORSR,, II, NIehN,e ren.
JULY 2015 EDITN RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 7 of 7
Instanetr aAs
JULY 2015 EDITION
ADDENDUM # A (All addendums shall be numbered sequentially.) Page 1 of t
RE-11 ADDENDUM Ili
Idam Aseoebibn or arA mar THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS. a.,..,..,.
rn lu41d IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING.
1 Date:
3 This is an ADDENDUM to the ® Purchase and Sale Agreement []Other
4 ("Addendum" means that the information below is added material for the agreement (such as lists or descriptions) and/or means the form is
s being used to change, correct or revise the agreement (such as modification, addition or deletion of a term)),
6
7 AGREEMENT DATED: 05/0512016 toff 19718934
8
9 ADDRESS: TBD S Velvet
16
11 BUYER(a): Mussell Construction
12
13 SELLER(S): Nampa & Meridian Irrigation District -
14
15 The undersigned oarties herebv agree as follows
16
7
,a
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
36
39
40
41
42
43
44
45
46
47
1. LINE 34435. CLOSING: To be changed to on or before August 31 20T6 y or tinai approval
whichever comes first.
2. LINE 373 42. ACCEPTANCE: To be changed to May 23 2016 2:30 p.m.
3. Attached is exhibit A AFFIDAVIT OF LEGAL INTEREST needs to be signed by the seller with
the acceptance of the contract.
4a To the extent the terms of this ADDENDUM modify or conflict with any provisions of the Purchase and Sale Agreement Including all prior
49 Addendums or Counter Offers, these terms shall control. All other terms of the Purchase and Sale Agreement Including all prior
so Addendums or Counter Offers not modified bythisADDENDUMshallremainthesame. Upon itsexecutionbybothparties, this agreement
51 Is made an integrV part of the aforementioned Agreement
52
53 BUYER: _ 22L , e Date: C/
54
ss BUYER: gg Date:
56 _ 'y?ti Pa a F'v�eGf! rr��h.
se SELLER: /�"� `'"�"- ����5-�'�✓,1�ZJi`e 1R VJ�`Sl�dai
59
so SELLER:
Date:
This harm Is pdrdod and distributed by Ira deho REACTORS®,Ins. Thla lane he. been designed and Iep.Aded far seabythe real solely prarasabnale who ere members Wlbe
Walla REACTORS®, USE BY ANY OTHER PERSON IS PROHIBITED. OCapyrat Idaho REALTORSe, Ina. All MEMO ®serrod,
JULY 201E EDITION RE•11 ADDENDUM Page 1 of 1
InstonetFORM5'
RECORDED -REQUEST OF
ACr'. C)'J JT'Y RECORC�° I Ca all '��
J. DAVID t�AVA U tf�NCFEE DEP XAUPM
1992: 58 0 8 2
WARRANTY DEED
FARWEST L.L.C., a limited liability company, hereafter referred to as "Grantor",
hereby conveys, grants, bargains, sells and warrants to NAMPA & MERIDIAN IRRIGATION
DISTRICT whose address is 1503 First Street South, Nampa, Idaho 83651, hereinafter called
"Grantee", the following described premises situated in Ada County, Idaho, to wit:
Lot 5, Block 7, SALMON RAPIDS SUBDIVISION NO. 4, according to the official plat
thereof.
TO HAVE AND TO HOLD, the said premises, with their appurtenances unto the said
Grantee and to the Grantee's successors and assigns forever, and the Grantor does hereby
covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said
premises; that they are free from all encumbrances except as above described and that Grantor
will warrant and defend the same from all lawful claims whatsoever.
IN WITNESS WHEREOF, the Grantor has hereunto signed its name
this 2 2 day of ���, 1998.
FARWEST L.L.C., a Limited Liability Company
By
Marty Goldsmith, Member
R COROED-REQUEST OF
ADA CO' JOTY fiECORDER.
J. DAVID IIAVARRO
801SE.IDAFIO FEE •l" DEPUTY
WARRANTY DEED -PAGE l
1998SP 17 AM 9:05 98088990
STATE OF IDAHO
ss:
COUNTY OF ADA
On this day of 1998, before me, the undersigned, a Notary Public
in and for said State, personally, a MARTY GOLDSMITH, known to me to be a member
of FARWEST L.L.C., the limited liability company that executed the foregoing instrument and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above Written.
*`0 '•. / Notary Public for Idaho
S . e Residing at: (�/JlA7P,7 Idaho
z ; My commission expires: b _7 Q3
• 9�
WARRANTY DEED - PAGE 2
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
as�J ZSCJ 15f -S 5 o
(name) (address) � 3 C
V l/ (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:
f1e2�2f a Us.Sc�//. E0, X 3M AinadD e3v53
(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 2 3yd day of 20 C�
(Signature)
sic V�fcly ,rV�2s ak vN
SUBSCRIBED AND SWORN to before me the day andfirst above written.
111111toll� / -
4EE G,9 ",%,,
,.•••"'••... i (Notary lic for Idaho)
Residing at ^��
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33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org
{�E IDIAN.--
Community Development
Parcel Verification
Date: May 20, 2016
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: Velvet Pointe Subdivision
Parcel Number: R7696680300
Acres: 0.197
T/R/S: 3 N 1E 19
Property Owner: Nampa & Meridian Irrigation District
Address Verification Rev: 04/23/12
E
5/22/2016
Mussel I Construction, Inc. Mail -AV: For Parcel NR7696680300
f USSELL Kent Mussell <kent@mussellconstruction.com>
CONSTRUCTION INC.
AV: For Parcel#R7696680300
Stacy Hersh <shersh@meridiancity. org> Fri, May 20, 2016 at 1 A9 PM
To: "kent@mussellconstruction.com" <kent@mussel lconstruction.com>
Cc: Terri Ricks <tricks@meridiancity.org>
May 20, 2016 Address Verification: Parcel #R7696680300
Address: 2795 S VELVET FALLS WAY, MERIDIAN, ID 83642
Save Y Reset ( I Cancel f Help j
Parcel [Detail I i District
Parcel# * Parcel Status • Primary
R7696680300
Enabled V I Yes y
Lot Block Subdivision
Stacy Hersh
City of Meridian
Land Development Support Specialist
shersh@meridiancity.org
Phone: 208-489-0326 Ext. 1326
t
https://mail.google.com/mail/u/0/?ui=2&ik=14f9ffbe6e&view—pt&search=inbox&msg=154cfb6cd574029b&siml= I54cfb6cd574029b l/1
ProjectiSubdivision Name:
Applicant(s)lContact(s):
City Staff:
Location: C rr
Comprehensive Plan
Design Guidelines Di
Existing Use: Cj�w
Proposed Use: S
Surrounding Uses:_
CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Context: ❑ Urban
Street Buffer(s)'and/or Land Use Buffer(s): ,�JA
Open Space/Amenities/Pathways: -~
AccesslStub Streets/Street System: 4. VOV4 TtiA L
Sewer& Water Service: area<)W
Waterways) Floodplain/TopographylHazards:
Existing Zoning: _
Proposed Zoning:
of Property:
Rural
i t-
Note; A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To
avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application
to the City. Not having ACHD comments and/or conditions on large projects may delay hosting (a) at the City. Please contact Mindy Wallace at 387-
`6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process.
Other Agencies/Departments to Contact:
❑ Ada County Highway Dist. (ACHD)
❑ Idaho Transportation Dept. (ITD)
❑ Republic Services
❑ Central District Health Department
Application(s) Required:
❑ Administrative Design Review
❑ Alternative Compliance
❑ Annexation
❑ City Council Review
❑ Comprehensive Plan Amendment - Map
❑ Comprehensive Plan Amendment - Text
❑ Conditional Use Permit
❑ Nampa Meridian irrigation Dist. (NMID)
❑ Settler's Irrigation District
❑ Police. Department
❑ Fire Department
❑ Conditional Use Permit Modification/Transfer
Development Agreement Modification
[2`Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
5TPreliminary Plat
Private Street
❑ Public Works Department
❑ Building Department
❑ Parks Department
❑ Other.
Rezone
Short Plat
❑ Time -Extension -Council
❑ UDC Text Amendment
❑ Vacation
❑ Variance
❑ Other
Notes: 1) Applicants are required to holds neighborhood meeting in accord with UDC 11-5A-50pdoc to submittal of an application requiring a public
hearing (except for a vacation ar short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice
in accord with UDC11.5A-5D.3 (except for UDC text amendments,. Comp Plan. text amendments; and vacah'ons). The lnformation provided during
this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may
affect your submittal andlor application. This pre -application meeting shall be valid for four (4) months.
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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.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
Applicant/agent signature Date
Community Development a Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-984.5533 Fax: 208.888.6854 www meridimcitv.or olannine
5/22/2016 Mussel] Construction, Inc. Mail - Velvet Pointe Subdivision Name Reservation
N1t110alaELL Kent Mussell <kent@mussellconstruction.com>
CONSTRUCTION INC.
Velvet Pointe Subdivision Name Reservation
Sub Name Mail <subnamemail@adaweb.net> Fri, May 20, 2016 at 4:22 PM
To: Kent Mussell <kent@mussellconstruction.com>, "Darin Holzhey (dholzhey@mseng.us)" <dholzhey@mseng.us>
May 20, 2016
Kent Mussel]
Mussell Construction
Darin Holzhey
Mason & Stanfield Engineering
RE: Subdivision Name Reservation: "Velvet Pointe Subdivision" SE 114 SECTION 19, T3N, R1E, BM.
Dear Kent and Darin,
At your request, I will reserve the name "Velvet Pointe Subdivision" for your project. I can honor this
reservation only as long as your project is in the approval process. Final approval can only take place when the
final plat is recorded.
This reservation is available for the project as long as it is in the approval process unless the project is terminated
by the client or the jurisdiction or the conditions of approval have not been met. In which case the name can be
re -used by someone else.
Sincerely,
Ada Coounty
2025
Ccdlaborrite innovate -Thrive
www.adacounty2o:z5.com
Jerry L. Hastings, PLS 5359
County Surveyor
Deputy Clerk Recorder
Ada County Development Services
200 W. Front St., Boise, ID 83702
(208) 287-7912 office
(208) 287-7909 fax
From: Kent Mussel][mailto:kent@mussellconstruction.com)
Sent: Wednesday, May 18, 2016 2:06 PM
https:llmail.google.comlmail/ul0l?ui=2&ik=14f9ffbe6e&view=pt&search=inbox&msg=154dO437e5df6e lb&sim1=154dO437e5df6e1 b 1/2
5/22/2016 Mussel) Construction, Inc. Mail -Velvet Pointe Subdivision Name Reservation
To: Sub Name Mail
Subject: Subdivision Name Verification Request
Hello,
would like to request the following name for a subdivision:
Velvet Pointe Subdivision
The location of the project is to be at Lot 5, Block 7, Salmon Rapids Subdivision No. 4, Ada County, parcel
R7696680300.
Developer Information:
Kent Mussell
Mussell Construction
kent@musseliconstruction.com
(208)739-3952
Surveyor Information:
Darin Holzhey
Mason Stanfield Engineering
dholzhey@mseng.us
(208)454-0256
Thank you,
Kent Mussell
Mussell Construction
Project Manager
Ph. 208.466.3331
Fx. 208.466.5717
https:llmail.google.comlmaillul0l?ui=2&ik=14f9ffbe6e&view=pt&search=inbox&msg=l 54d0437e5df6e lb&siml=l 54d0437e5df6elb 2/2
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PLAT RECEIVED: May 20, 2016
ADA COUNTY STREET NAME EVALUATION
Existing Streets Only
DEVELOPMENT NAME: Lot 5, Blk 7 Salmon Rapids Sub No 04
AGENCY: Meridian
TOWNSHIP/ RANGE/SECTION: 3N 1E 19
APPLICANT: Kent Mussell
The street(s) associated with this development have been reviewed by the Ada County Assessor's
Office for conformance with Chapter 1, Title 2 Ada County Code, There are no new street names
associated with this development. Should street configuration change, a second review will be
necessary and a signed Street Name Evaluation by the Ada County Street Naming Committee
may be required. Any additional new street names will require a signed Street Name Evaluation
by the Ada County Street Naming Committee. Final street names are subject to change due to
design changes, time restraints and/or previous recorded plat street alignments. A copy of this
evaluation must be presented to the Ada County Surveyor with final plat application, if applicable.
THE FOLLOWING EXISTING STREET NAMES ARE APPROVED FOR THE DEVELOPMENT
NOTED ABOVE: S. VELVET FALLS WAY
ADA COUNTY ASSESSOR Representative a� ,.,,_ DATE (,a
5/23/2016 Mussell Construction, Inc. Mail -Request for Confirmation that Traffic Impact Study is not required
MUSSELL Kent Mussell <kent@mussellconstruction.com>
CONSTRUCTION INC.
Request for Confirmation that Traffic Impact Study is not required
2 messages
Kent Mussell <kent@mussellconstruction.com> Sun, May 22, 2016 at 8:11 PM
To: Mindy Wallace <mwallace@achdidaho.org>
Mindy,
I am working on a final plat application for a parcel in Meridian, Parcel ID R7696680300, Lot 5 Block 7 Salmon
Rapids Sub No. 4, Address TBD on S. Velvet Falls Way. The lot was previously a common lot for Salmon
Rapids owned by the irrigation company, but I'm now purchasing it from the Irrigation Company and trying to
replat it so that I can build my house on it.
One of the checklist items on the plat application checklist is "Written confirmation that a traffic impact study or
change of use is not required, or has been accepted for review by ACHD. Please contact Mindy Wallace at 387-
6178 or Christy Little
at 387-6144 for more information."
Since this is an existing lot in an existing subdivision, I'm guessing that a traffic impact study would not be
required. Can you provide me with the appropriate written confirmation of this?
Thank you,
Kent Mussell
Mussell Construction
Project Manager
Ph.208.466.3331
Fx. 208.466.5717
Mindy Wallace <Mwallace@achdidaho.org>
To: Kent Mussell <kent@mussellconstruction.com>
Kent,
A traffic impact study is not required for this application.
Please let me know if you have any other questions.
Mindy Wallace, AICP
Planner III
Mon, May 23, 2016 at 7:18 AM
Development Services
Mps://maiI.google.com/mail/W0/?ui=2&ik=14f9f belie&view=pt&search=inbox&th=154db6lc735bf7fl&simI=154db6lc735bf7fl&siml=164ddc4636c5Ofb7 1/2
5/23/2016 Mussell Construction, Inc. Mail - Request for confirmation that Traffic Impact Study is not required
208-387-6178
From: Kent Mussell <kent@mussellconstruction.com>
Sent: Sunday, May 22, 2016 8:11 PM
To: Mindy Wallace
Subject: Request for Confirmation that Traffic Impact Study is not required
[Quoted text hidden]
https://mail.google.com/mail/W0/?ui=2&ik=14fg8be6e&view=pt&search=inbox&th= 1 54db61c735bf7f1 &siml= 154db61c735bf7f1&siml= 154ddc4636c501b7 212
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