Loading...
Application Materials�jQirE N DIAN�-- IDAHO Mayor Tammy de Weerd City Council Members: Keith Bird Luke Cavener Ty Palmer TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Joe Borton Genesis Milam Anne Little Roberts 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: C.Jay Coles, City Clerk, by: June 15, 2017 Transmittal Date: May 24, 2017 File No.: H-2017-0066 Hearing Date: June 22, 2017 Request: Public Hearing - Rezone of 3.07 acres of land from the C-C and R-15 zoning district to the O-T zoning district AND preliminary plat approval consisting of 51 residential lots & 7 common lots on 2.571 acres of land in the proposed O-T zoning district for 21/2 Street Townhomes By: Broadbent Properties Location of Property or Project: s/o E. Franklin on w/side of 2 1/2 Street Ryan Fitzgerald (No FP) Gregory Wilson (No FP) Steven Yearsley (No FP) Treg Bernt (No FP) Rhonda McCarvel (No FP) Bill Cassinelli (No FP) Jessica Perreault (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 File No.: H-2017-0066 Project Name: 2 `% Street Townhomes — RZ PP Request: Rezone of 3.07 acres of land from the C-C and A zoning district to the O-T zoning district. Request: Preliminary Plat consisting of 51 residential lots, and 7 common lots on 2.571 acres of land in the proposed O-T zoning district. The site is located south of E. Franklin on the west side of 2 and a Half Street (S 1.107223065 S1107223070, S1107223090, S1107223100, S1107223125, S1107223160, S1107223080, S1107223082, S1107223085, S1107223150), in the NW '/4 of Section 7, Township 3N., Range 1 E. E IDIAN --- Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment STAFF USE ONLY: ❑ Conditional Use Permit ❑ Conditional Use Permit Modification File'number(s): ❑ Design Review ❑ Final Plat ❑ Final Plat Modification Project name: ❑ Planned Unit Development Date filed: Date complete: ® Preliminary Plat 191 Private Street Assigned Planner: ® Rezone Related files: ❑ Short plat ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment Hearing date: ❑ Commission ❑ Council ❑ Vacation (Council) ❑ Variance ❑ Other Applicant Information Applicant name: Broadbent Properties Phone: 208-407-9546 Applicant address: 6149 N. Meeker Pl. Suite 110. Boise ID Zip: 83713 Applicant's interest in property: ® Own ❑ Rent IN Optioned ❑ Other Owner name: Meridian Fairview LLC Phone: 208-407-9546 Owner address: 6149 N. Meeker Pl. Suite 110. Boise ID Zip: 83713 Agent name (e.g., architect, engineer, developer, representative): Bill Truax Firm name: Inflection Development LLC Phone:208-447-9114 Address: PO Box 50111 Boise ID Zip:83705 Primary contact is: Applicant ❑ Owner ® Agent ❑ Other Contact name: Phone:208-447-9114 E-mail: truaxbill@gmail.com Fax: Subject Property Information Location/street address: Various West side of 2 1/2 Street northern arcels abuttin Rite Aid Assessor's parcel number(s) S1107223082;S1.107223085;S1107223150 Township, range, section: 3NIE07 Total acreage: 2,571 Current land use: Vacant/Single Family Dwellings Current zoning district: C-C; R-15 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I Project Description Project/subdivision name: TOWN -HOMES OFF MAIN General description of proposed project/request: Single Family Attached townhouse units Proposed zoning district(s): Old Town Acres of each zone proposed: Type of use proposed (check all that apply): M Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable):Walking paths open space and community gardens Who will own & maintain the pressurized irrigation system in this development? Homeowners Assoc. (if water rights pertain) Which irrigation district does this property lie within? Nampa & Meridian Irrigation District Primary irrigation source: Municipal Secondary: Irrigation (if rights pertain Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): TBD Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: 7 Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): 1,000 2 or more Bedrooms: 51 Proposed building height: <40 Average property size (s.f.): 1,055 Gross density (DU/acre-total land): 18.28 Net density (DU/acre-excluding roads & alleys): 25.36 Percentage of open space provided: 31% common lot Acreage of open space: +/- .867 acres Percentage of useable open space: __8000+ (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Landscaping, walking paths, gardens Type of dwelling(s) proposed: M Single-family M Townhomes 0 Duplexes Multi -family Non-residential Project Summary (if applicable) Number of building lots: N/A Other lots: Gross floor area proposed: Hours of operation (days and hours Percentage of site/project devoted to the following: Landscaping: Total number of employees: Building: Existing (if applicable): Building height: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Print applicant name: Jonathan Hoeger Applicant signature: Seating capacity: Number of compact spaces provided: Date: 4/4/2017 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Meridian City Hall, Suite 102 E IDIAN'^'' 33 E. Broadway Avenue Meridian, Idaho 83642 Community Development 208.887.2211 Department Parcel Verification Date: 5/1/17 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name T/R/S: Parcel Numbers: Property Owner 2 %2 Street Townhomes 3N 1E 07 S1107223065 S1107223070 S1107223090 S1107223100 S1107223125 S1107223160 S1107223080 S1107223082 S1107223085 S1107223150 (.351 Acres) (.490 Acres) (.050 Acres) (.430 Acres) (.180 Acres) (.320 Acres) (.170 Acres) (.150 Acres) (.110 Acres) (.320 Acres) Meridian Fairview, LLC 6149 N. Meeker PI., #110 Boise, ID 83713 Broadbent Ventures, LLC 6149 N. Meeker PI. Boise, ID 83713 (First six parcels listed) (Last four parcels listed) Address Verification Rev: 04/23/12 2 Yz Street Project Summary Townhomes Off Main Subdivision The Broadbent Group is currently working with several interested parties on parcels currently owned or controlled by Broadbent Group. The general interest in the parcels is a higher density development with a mix of housing types along with a mix of income. It has been determined that it is in the best interest for the firms involved to rezone the parcels to align the underlying zoning with city plans for the Old Town District as well as the city's comprehensive plans. Following a neighborhood meeting, the original development concept plans have been revised to reduce the overall density and arrange the project as a townhouse development. This use is an allowed use under the designation of Old Town District. A preliminary plat is being prepared for presentation to the City that will facilitate the eventual sale of the units. Developer and Market Context Over the past five years, Meridian has seen an explosion in the creation of development on its outer perimeter; however, there has been very little creation of affordable housing options when considering the costs of transportation. One of the interested parties to develop this project is a collaboration between Inflection Development LLC and Moonlake Consulting LLC. Their proposal is to remove blight, improve existing utility infrastructure, establish connectivity and pedestrian flow while creating housing options in the city core. The project goals for the 2 %Z St development are to allow the townhouse development to lead the way for future redevelopment in the immediate area, while strengthening the existing neighborhood fabric. The townhouses are going to be an affordable purchase option for families seeking access to highly walkable neighborhoods. The development will incorporate community gathering spaces and will utilize energy efficient designs and appliances. The improved street frontage on 2 %Z St and the connections through the property will improve linkages and safe routes to services and schools. Mixed -use is not ideal for this specific site, but its residential infill will complement the commercial uses on Main St., allowing for services within a very short walking distance. The developer intends to request TIF financing support through the Meridian Development Corporation (MDC) as part of the financing package for the overall development. The development team will then proceed to secure the remaining financing sources and work to start construction in the late fall of 2017 with project completion targeted for mid-2018. The sales market in the Treasure Valley remains robust, and this project should benefit from some of the recent market acceptance of this product type. Goals and Outcomes: 1. Develop 50+ units of for -sale, attached, single-family housing in a somewhat blighted but high - opportunity area, targeting unit affordability to workforce housing at between 80%-140% of the AMI for Ada County. 2. Secure economic development funds to build neighborhood connectivity in the form of safe pathways and sidewalks to goods and services, including schools. a. Present the proposed development to the Meridian Development Corporation and request a TIF conditional commitment in the form of cash or reimbursement for infrastructure improvements within the 2 %2 Street right of way. b. Seek rebates from utility companies based on energy efficiency goals 3. Spur future development in the immediate area of NE 2 %: Street. 4. Improve viability of businesses in the Meridian downtown core by adding households with disposable income into the pedestrian -accessible zone of the downtown businesses. IVIL �� ITE \7 ; ORKS April 4, 2017 City of Meridian Planning & Development Services 33 E. Broadway Avenue Meridian, ID 83642 RE: Preliminary Plat for Townhomes Off Main Subdivision To Whom It May Concern: This narrative accompanies the application for Townhomes Off Main Subdivision, located on E 21/2 Street south of Fairview Avenue and east of Meridian Road. Three applications are being submitted simulataneoulsy: rezone, preliminary plat, and private streets. The existing site is currently zoned C-C and R-15. The applicant wishes to rezone the property to Old Town District (0-T). The project site is located near the City's urban core and will provide high density residential housing, aligning with the intent of the O-T district and the Meridian Zoning Ordinance. The proposed subdivision consists of 51 single-family residential lots, seven common lots, and one lot containing the private drive aisles for the dedication of shared access and utility easements. Residences will be attached townhomes with either 5 or 6 units per building. Each residence will have a two -car garage that will open to a private drive aisle. The front entrance of all residences will front on either 2 1/2 Street or onto a landscaped common lot with sidewalks provided for pedestrian connectivity. Guest parking is provided both on -site and along 21/2 Street. This application is intended to meet the requirements of Meridian City Code while providing higher density residential units near the City's urban core. Amenities such as a community garden, connected open space, and guest parking will establish a feeling of community within the site. Please contact myself or the applicant with any questions regarding this application. Respectfully, Corinne M. Graham, PE Principal 333 W. ROSSI STREET, SUITE 300 BOISE, ID 83706 (208)946-3871 cgraham@cswengineering.com m������p�����a u��^�� � �x /ws/mepmwG.pmmweywnowmewm, SCewus December 20,2U16 Broadbent Ventures, LLC NE 28Street Meridian Rezone Description Project No. 3l7'7840-0]1 A parcel of land situated in the Northwest One Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing atthe northwest corner ofsaid Section 7,thence following the northerly line ofsaid Section l NurthQ87}04J" East adistance nfl,084J3feet toa point onthe centerline cfNE 2Y2 Street; ThencefoUow\n8soidcente/Une,SouihO°O6'4O°Eastadistanceof631.54feettothepointbeingthePU|NTOF BEGINNING. Thence following said centerline, South U~O6'40^East adistance cf482.l8feet; Thence leaving said centerline line, South O9^27'35"West adistance cf]17.91feet; Thence South O^O5'36"East adistance of56.74feet; Thence South 89"l4'35"West adistance ofS3.26feet; Thence North D^O3'30"West adistance ofS38.43feet; Thence NoAhOg^l8'53" East distance nf27O.7Ofeet to the POINT DFBEGINNING. The above -described description is intended for rezone purposes only and is not intended to be used for transfer of title or any other use. The above -described rezone description contains 3.07 acres, more or less. EXHIBIT MAP IRRIGATION EASEMENT SECTION 7, TOWNSHIP 3 N, RANGE I E, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 2016 NW CORNER 1084.73 SECTION 7 PROJECT: NE 2 1/2 STREET MERIDIAN REZONE EXHIBIT DATE: DECEMBER 20,2016 ge='421 2404.?2' N 1/4 CORNER SEC 71 . 0-4 7 RADLEY AVE EN -14216 OF t�P�o `�� Parametrix ENGTUTERMG - PUtt-01MG . RMRONMENTAI. SCIENCES 7761 Vl RIVERSIDE DRIVE, SUITE 201 1 BOISE, M 83714 P 208,898.0012 'Alww . PARAMETRIX.ClOM No Text ` +1 ptl R E , CI 4�W47 FirstAmerican Title Schedule A Title Insurance Commitment BY First American Title Insurance Company SECOND COMMITMENT (TO UPDATE) 4-21-17 File No.: 4103-2765778 1. Commitment Date : April 11, 2017 at 7:30 A.M. 2. Policy or Policies to be issued: Policy Amount Premium Amount X Std Owner's Policy ID-ALTA Std Owner Policy (6-17-06)-N (Premium amount reflects $No Available credit) $700,000.00 $2,314.00 Proposed insured: North States Development, LLC X Std Loan Policy ALTA Std Loan Policy 1056.06 (1) (2006)-N (Premium amount reflects $No Available credit) $230,000.00 $75.00 Proposed insured: Broadbent Ventures, LLC and Meridian Fairview, LLC Endorsements: $ 3. A fee simple interest in the land described in this Commitment is owned, at the Commitment date, by: PARCELS I, III, IV, V, IX AND X: Meridian Fairview, LLC PARCELS II, VI, VII AND VIII: Erhart Investor Recovery, LLC Form 5011000 (7-1-14) Page 4 of 16 ALTA Plain Language Commitment (6-17-06) 4. The land referred to in this Commitment is described as follows: PARCEL I: A PORTION OF LOT 1, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO, DESCRIBED AS FOLLOWS: THE NORTH 58 FEET, BEING THE NORTH HALF OF THE FOLLOWING DESCRIBED PARCEL OF LAND; BEGINNING AT THE WEST QUARTER CORNER OF SECTION 7, OR THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE EAST ON THE CENTER LINE OF SAID SECTION 7, 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET A DISTANCE OF 1,926 FEET; THENCE EAST 286.5 FEET TO THE REAL PLACE OF BEGINNING: THENCE NORTH 116 FEET; THENCE EAST 246.5 FEET TO THE WEST BOUNDARY OF THE ROADWAY; THENCE SOUTH 116 FEET; THENCE WEST 246.5 FEET TO THE REAL PLACE OF BEGINNING. PARCEL II: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE i EAST, BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO; THENCE EAST ON CENTER LINE OF SAID SECTION 521.4 FEET TO INTERSECT THE CENTER LINE OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET 1926 FEET; THENCE EAST 286.5 FEET TO THE REAL PLACE OF BEGINNING; THENCE NORTH 116 FEET; THENCE EAST 246.5 FEET TO THE WEST LINE OF THE ROAD; THENCE SOUTH 116 FEET; THENCE WEST 246.5 FEET TO THE REAL PLACE OF BEGINNING. EXCEPT THE NORTH 58 FEET. PARCEL III: PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE EAST ON THE CENTERLINE OF SECTION 7, A DISTANCE OF 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTERLINE OF EAST FIRST STREET A DISTANCE OF 1264 FEET; THENCE EAST 40 FEET TO THE EAST LINE OF EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET, 662 FEET; THENCE EAST 493 FEET, MORE OR LESS, TO THE WEST BOUNDARY OF A 50 FOOT ROAD BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO Form 5011000 (7-1-14) Page 5 of 16 ALTA Plain Language Commitment (6-17-06) S.L. HUGHELL AND MARY HUGHELL, BY DEED RECORDED IN BOOK 203 OF DEEDS AT PAGE 204, RECORDS OF ADA COUNTY, IDAHO, THE REAL POINT OF BEGINNING; THENCE SOUTH ALONG THE WEST BOUNDARY OF A ROAD 60 FEET TO A POINT; THENCE WEST 130 FEET TO A POINT, THENCE NORTH 50 FEET (MORE CORRECTLY DESCRIBED AS 60 FEET) TO A POINT; THENCE EAST 130 FEET TO THE REAL POINT OF BEGINNING. PARCEL IV & V: A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE EAST A CENTER LINE OF SECTION 7, A DISTANCE OF 521.4 FEET TO A POINT CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET, ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET A DISTANCE OF 1264 FEET; THENCE EAST 40 FEET TO THE EAST LINE OF THE EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET 662 FEET; THENCE EAST 493 FEET, MORE OR LESS, TO THE WEST BOUNDARY OF 50-FOOT ROAD BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO S.L. HUGHELL AND MARY HUGHELL BY DEED RECORDED IN BOOK 203 OF DEEDS AT PAGE 204, RECORDS OF ADA COUNTY, IDAHO; SOUTH ALONG THE WEST BOUNDARY OF ROAD, 60 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 38 FEET TO A POINT; THENCE WEST 120 FEET TO A POINT; THENCE SOUTH 60 FEET TO A POINT; THENCE WEST 126 FEET TO A POINT; THENCE NORTH 158 FEET TO A POINT ON THE NORTH LINE OF ABOVE DESCRIBED TRACT; THENCE EAST 116 FEET TO A POINT, THENCE SOUTH 60 FEET TO A POINT; THENCE EAST 130 FEET TO THE REAL POINT OF BEGINNING. PARCEL VI: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, IN ADA COUNTY, IDAHO; THENCE EAST ON THE CENTER LINE OF SECTION 7 A DISTANCE OF 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET A DISTANCE OF 1264 FEET, THENCE EAST 40 FEET TO THE EAST LINE OF EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET 662 FEET; THENCE EAST 493 FEET, MORE OR LESS TO THE WEST BOUNDARY OF 50 FOOT ROAD BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO S.L. HUGHELL AND MARY HUGHELL BY DEED RECORDED IN BOOK 203 OF DEEDS AT PAGE 204, RECORDS OF ADA COUNTY, IDAHO; THENCE SOUTH ALONG THE BOUNDARY OF ROAD 98 FEET TO THE REAL PLACE OF BEGINNING; THENCE CONTINUING SOUTH 60 FEET TO A POINT; THENCE WEST 120 FEET TO A POINT; THENCE NORTH 60 FEET TO A POINT, THENCE Form 5011000 (7-1-14) Page 6 of 16 ALTA Plain Language Commitment (6-17-06) EAST 120 FEET TO THE REAL PLACE OF BEGINNING. PARCEL VII: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE EAST ON THE CENTER LINE OF SECTION 7, A DISTANCE OF 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET A DISTANCE OF 1264 FEET; THENCE EAST 40 FEET TO THE EAST LINE OF EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET 662 FEET; THENCE EAST AT RIGHT ANGLES 493 FEET, MORE OR LESS, TO THE WEST BOUNDARY OF 50 FOOT ROAD; THENCE SOUTH ALONG WEST BOUNDARY OF ROAD 158 FEET; THENCE WEST AT RIGHT ANGLES A DISTANCE OF 111 FEET TO A POINT IN THE CENTER LINE OF AN IRRIGATION DITCH AND THE TRUE POINT OF BEGINNING; THENCE REVERSING DIRECTION AND RETURNING ALONG THE LAST MENTIONED COURSE IN AN EASTERLY DIRECTION 111 FEET; THENCE SOUTHERLY AT RIGHT ANGLES, ALONG THE WEST BOUNDARY OF SAID ROAD A DISTANCE OF 60 FEET; THENCE WESTERLY AT RIGHT ANGLES, AND PARALLEL WITH THE NORTH LINE OF THE TRACT DESCRIBED IN BOOK 203 OF DEEDS AT PAGE 204, RECORDS OF ADA COUNTY, IDAHO, A DISTANCE OF 121 FEET TO A POINT IN THE CENTER LINE OF AN IRRIGATION DITCH; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE CENTER LINE OF SAID DITCH TO THE TRUE POINT OF BEGINNING. PARCEL VIII: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7 TOWNSHIP 3 NORTH, RANGE i EAST; BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE 521.40 FEET EAST ALONG CENTER LINE OF SAID SECTION 7 TO CENTER OF CONCRETE MONUMENT AT INTERSECTION TO PINE AVENUE AND EAST FIRST ST. IN MERIDIAN, IDAHO; THENCE NORTH FOR A DISTANCE OF 1,926.0 FEET ALONG CENTER LINE OF SAID EAST FIRST STREET TO A POINT; THENCE EAST FOR A DISTANCE OF 40 FEET TO EAST BOUNDARY OF SAID EAST FIRST STREET; THENCE CONTINUING EAST FOR AN ADDITIONAL DISTANCE OF 493 FEET TO A POINT IN WESTERLY EDGE OF TWO AND -ONE-HALF STREET IN MERIDIAN, IDAHO; THENCE SOUTH ALONG WEST EDGE OF SAID 2-1/2 ST. FOR A DISTANCE OF 228.0 FEET TO A 1/2" SQUARE STEEL PIN, WHICH IS THE REAL PLACE OF BEGINNING; THENCE WEST FOR A DISTANCE OF 246 FEET TO 1/2" SQUARE STEEL PIN IN FENCE LINE; THENCE NORTH ALONG EXISTING FENCE LINE FOR A DISTANCE OF 70 FEET TO IRON PIN IN EXISTING FENCE CORNER; THENCE EAST ALONG EXISTING FENCE FOR A DISTANCE OF 130 FEET TO IRON PIN IN CENTER LINE OF EXISTING COMMUNITY IRRIGATION DITCH; THENCE SOUTHERLY AND WESTERLY ALONG CENTER LINE OF SAID DITCH FOR A DISTANCE OF 60 FEET (MORE OR LESS) TO A POINT IN CENTER LINE OF SAID DITCH (SAID POINT BEING 125 FEET, MORE OR LESS, EAST OF SOUTHEAST CORNER OF THIS PLOT OF LAND SURVEYED); THENCE EAST FOR A DISTANCE OF 121 FEET TO IRON PIN IN WEST EDGE OF SAID TWO AND - ONE -HALF STREET; THENCE SOUTH ALONG WEST EDGE OF TWO -AND -ONE-HALF STREET FOR A DISTANCE OF 10 FEET TO A 1/2" SQUARE IRON PIN, THE REAL PLACE OF BEGINNING. Form 5011000 (7-1-14) Page 7 of 16 ALTA Plain Language Commitment (6-17-06) PARCEL IX: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO; THENCE EAST ON THE CENTER LINE OF SECTION 7, A DISTANCE OF 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET A DISTANCE OF 1264 FEET, THENCE EAST, 40 FEET TO THE EAST LINE OF EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET, 662 FEET; THENCE EAST AT RIGHT ANGLES, 493 FEET, MORE OR LESS, TO THE WEST BOUNDARY OF 50 FOOT ROAD; THENCE SOUTH ALONG WEST BOUNDARY OF ROAD, 158 FEET; THENCE WEST AT RIGHT ANGLES, Ill FEET TO THE CENTER OF IRRIGATION DITCH AND REAL POINT OF BEGINNING; THENCE SOUTHERLY AT RIGHT ANGLES, 60 FEET ALONG DITCH, THENCE EASTERLY AT RIGHT ANGLES, 111 FEET, THENCE SOUTHERLY AT RIGHT ANGLES, 98 FEET; THENCE WESTERLY AT RIGHT ANGLES AND PARALLEL WITH THE NORTH LINE OF TRACT DESCRIBED IN BOOK 203 OF DEEDS, AT PAGE 204, RECORDS OF ADA COUNTY,. IDAHO; 246 FEET; THENCE NORTHERLY AT RIGHT ANGLES, 158 FEET; THENCE EASTERLY AT RIGHT ANGLES, 135 FEET TO THE REAL POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PARCEL: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE, MERIDIAN, ADA COUNTY, IDAHO; THENCE 521.40 FEET EAST ALONG THE CENTER LINE OF SAID SECTION 7 TO CENTER OF CONCRETE MONUMENT AT INTERSECTION OF PINE AVENUE AND EAST FIRST STREET IN MERIDIAN, IDAHO; THENCEFORTH FOR A DISTANCE OF 1,926.0 FEET ALONG CENTER LINE OF SAID EAST FIRST STREET TO A POINT; THENCE EAST FOR A DISTANCE OF 40 FEET TO EAST BOUNDARY OF SAID EAST FIRST STREET THENCE CONTINUING EAST FOR AN ADDITIONAL DISTANCE OF 493 FEET TO A POINT IN WESTERLY EDGE OF TWO -AND -ONE-HALF STREET IN MERIDIAN, IDAHO; THENCE SOUTH ALONG WEST EDGE OF 21/2 STREET FOR A DISTANCE OF 228.0 FEET TO A 1/2" SQUARE STREET PIN; WHICH IS THE REAL PLACE OF BEGINNING; THENCE WEST FOR A DISTANCE OF 246 FEET TO 1/2" SQUARE STEEL PIN IN FENCE LINE; THENCE NORTH ALONG EXISTING FENCE LINE FOR A DISTANCE OF 70 FEET TO IRON PIN IN EXISTING FENCE CORNER, THENCE EAST ALONG EXISTING FENCE FOR A DISTANCE OF 130 FEET TO IRON PIN IN CENTER LINE OF EXISTING COMMUNITY IRRIGATION DITCH; THENCE SOUTHERLY AND WESTERLY ALONG CENTER LINE OF SAID DITCH FOR A DISTANCE OF 60 FEET (MORE OR LESS) TO A POINT IN CENTER LINE OF SAID DITCH, (SAID POINT BEING 125 FEET, MORE OR LESS, EAST OF SOUTHEAST CORNER OF THIS PLOT OF LAND SURVEYED); THENCE EAST FOR A DISTANCE OF 121 FEET TO IRON PIN IN WEST EDGE OF SAID TWO -AND - ONE -HALF STREET, THENCE SOUTH ALONG WEST EDGE OF TWO -AND -ONE-HALF STREET FOR A DISTANCE OF 10 FEET TO A 1/2" SQUARE IRON PIN, THE REAL PLACE OF BEGINNING. PARCEL X: Form 5011000 (7-1-14) Page 8 of 16 ALTA Plain Language Commitment (6-17-06) PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7; THENCE EAST ON THE CENTER LINE OF SECTION 7, A DISTANCE OF 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET 1264 FEET; THENCE EAST 40 FEET TO THE EAST LINE OF EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET 346 FEET; THENCE EAST 493 FEET, MORE OR LESS, TO THE WEST BOUNDARY OF 50 FOOT ROAD, TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN DEED RECORDED AUGUST 20, 1929 IN BOOK 190 AT PAGE 123, INSTRUMENT NO. 136324, THE REAL POINT OF BEGINNING; THENCE SOUTH 46 FEET; THENCE WEST AT RIGHT ANGLES 246 FEET; THENCE NORTH AT RIGHT ANGLES 46 FEET; THENCE EAST AT RIGHT ANGLES 246 FEET TO THE REAL POINT OF BEGINNING. ALSO A PARCEL OF LAND IN GOVERNMENT LOT 1 (NORTHWEST QUARTER NORTHWEST QUARTER) OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING A PORTION OF FORMER TAX PARCEL NO. S1107223050, AS DESCRIBED IN A DEED RECORDED ON AUGUST 7, 1992 AS INSTRUMENT NO. 9230523, AND BEING THAT PORTION OF SAID TAX PARCEL WHICH IS TO BE INCLUDED IN NEW TAX PARCEL NO. S1107223060, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY QUARTER CORNER OF SAID SECTION 7; THENCE NORTH 89001'40" EAST, 521.40 FEET (EAST, 521.61 FEET), ALONG THE CENTERLINE OF EAST PINE AVENUE, AS SHOWN ON THE PLAT OF SCHOOL PLAZA SUBDIVISION NO. 1, RECORDED IN BOOK 64 AT PAGE 6501, TO A BRASS MONUMENT IN THE INTERSECTION OF SAID EAST PINE AVENUE AND NORTH EAST FIRST STREET; THENCE NORTH 00000'00" EAST, 662.03 FEET (662.00 FEET) ALONG THE CENTERLINE OF SAID NORTH EAST FIRST STREET TO AN ALUMINUM MONUMENT IN THE INTERSECTION OF SAID NORTH EAST FIRST STREET AND EAST CARLTON AVENUE; THENCE NORTH 89004'44" EAST, 558.20 FEET (558.17 FEET) ALONG THE CENTERLINE OF EAST CARLTON AVENUE TO THE BRASS STUB OF A BROKEN BRASS CAP MONUMENT IN THE INTERSECTION OF SAID EAST CARLTON AVENUE AND NORTH EAST TWO AND ONE-HALF STREET; THENCE NORTH 00003'51" WEST, 895.45 FEET ALONG THE CENTERLINE OF SAID EAST TWO AND ONE-HALF STREET TO A POINT LOCATED SOUTH 00003'51" EAST, 116.00 FEET FROM A BRASS MONUMENT AT THE POINT OF INTERSECTION OF SAID CENTERLINE WITH THE SOUTHERLY LINE OF EAST BADLEY AVENUE; THENCE SOUTH 89028'54" WEST, 25.00 FEET TO A POINT IN A LILAC BUSH MARKED BY A WITNESS CORNER 5/8 INCH REBAR WITH PLASTIC CAP SET NORTH 89028'54 EAST, 2.00 FEET FROM SAID POINT WHICH IS IN THE WESTERLY SIDELINE OF SAID NORTH EAST TWO AND ONE-HALF STREET AND THE POINT OF BEGINNING; THENCE, 1.) SOUTH 89028'54" WEST, 192.87 FEET ALONG A NEW LINE THROUGH FORMER TAX Form 5011000 (7-1-14) Page 9 of 16 ALTA Plain Language Commitment (6-17-06) By: PARCEL NO. S1107223050 TO A 5/8 INCH REBAR WITH PLASTIC CAP SET AT A NEW PROPERTY CORNER; THENCE, 2.) SOUTH 00003'22" EAST, 56.39 FEET ALONG SAID NEW LINE TO A 5/8 INCH REBAR WITH PLASTIC CAP SET IN THE SOUTHERLY LINE OF SAID TAX PARCEL NO. S1107223050; THENCE 3.) SOUTH 89028'35" WEST, 53.00 FEET ALONG SAID SOUTHERLY LINE TO A 5/8 INCH REBAR WITH PLASTIC CAP SET AT THE ORIGINAL SOUTHWESTERLY CORNER OF SAID TAX PARCEL NO. S1107223050; THENCE, 4.) NORTH 00003'22" WEST, 60.22 FEET (60.00 FEET) ALONG THE WESTERLY LINE OF SAID TAX PARCEL TO THE NORTHWESTERLY CORNER OF SAID TAX PARCEL NO. S1107223050; THENCE, 5.) NORTH 89028'54" EAST, 245.87 FEET (246.00 FEET) ALONG THE FORMER NORTHERLY LINE OF SAID TAX PARCEL TO THE ORIGINAL NORTHEASTERLY CORNER OF SAME, IN THE WESTERLY SIDELINE OF SAID NORTH EAST TWO AND ONE HALF STREET; THENCE, 6.) SOUTH 00003'51" EAST, 3.82 FEET ALONG SAID SIDELINE TO THE POINT OF BEGINNING. Address disclosed by County Assessor: numerous addresses, Meridian, ID 83642 APN: S1107223160 - PARCEL I; S1107223150 - PARCEL II; S1107223125 - PARCEL III; S1107223100 - PARCEL IV; S1107223090 - PARCEL V; S1107223085 - PARCEL VI; S1107223082 - PARCEL VII; S1107223080 - PARCEL VIII; S1107223070 - PARCEL IX; S1107223065 - PARCEL X -/YY7 4�- cn� Authorized Signatory MayLin Carisen, Title Officer (This Schedule A valid only when Schedule B is attached) Form 5011000 (7-1-14) Page 10 of 16 ALTA Plain Language Commitment (6-17-06) Im First American First American Title Company 738 S Bridge Way Place, Suite 150, Eagle, ID 83616 Phone (208)938-6740 - Fax (866)395-5707 Escrow Officer: Deedra Stith - dstith@firstam.com Assistant: Courtney Cross, CCross@firstam.com First American Title Company 3540 E, Longwing Lane, Suite 230, Meridian, Idaho 83646 Phone(208)375-0700- Fax (866)395-5708 Title Officer May Lin Carlsen - mcarisen@firstam.com COMMITMENT FOR TITLE INSURANCE Broadbent Group 6149 N. Meeker Place, Suite 110 Boise, ID 83713 Attention: )on Hoeger Your Reference: M Order No.: 4103-2765778 Property Address: numerous addresses, Meridian, ID 83642 Form 5011000 (7-1-14) Page 1 of 16 ALTA Plain Language Commitment (6-17-06) First American Commitment Title Insurance Commitment BY First American Title Insurance Company INFORMATION The and the Company It iseissued Ito slhowtthe between which we will Issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. This Policy contains an arbitration clause. All arbitrable matters when the Matter of Insurance is $2,000 000 or less shall be arbitrated at the option of either the company or aocopy of the arbitration rues at http //www alta may review The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect tee Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. INSURANCES COMMITMIEN TNOYOUPASHOUOLD READTTHE COMMITMENT VERY CAREFULLY. If you have any 9u-estions about the Commitment contact: FIRST 1 First AmeericA.an Way; Sanst II�Ana, CA 92707 Y TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY 1 CONDITIONS 2 SCHEDULE A Insert 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-I — REQUIREMENTS Insert SCHEDULE B-II — EXCEPTIONS Insert AGREEMENT TO ISSUE POLICY We name s the propree to issueosed polto icy d in Schedulaccordinge A,the terms of the this Commitment becoltment. When we show the mes effective as of the Commitment Date shoamount andwn in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: • The Provisions in Schedule A. • The Requirements in Schedule B-I. • The Exceptions in Schedule B-II. • The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. First American Title Insurance Company Ocnnis J. Gilmore /President Jeffrey S, Robinson Secretory (This Commitment is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5011000 (7-1-14) Page 2 of 16 ALTA Plain Language Commitment (6-17-06) CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: or Comply with the Requirements shown in Schedule B — Section I Eliminate with our written consent any Exceptions shown in Schedule B — Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. S. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Form 5011000 (7-1-14) Page 3 of 16 ALTA Plain Language Commitment (6-17-06) 47;R400�� First American Title Schedule A Title Insurance Commitment BY First American Title Insurance Company SECOND COMMITMENT (TO UPDATE) 4-21-17 File No.: 4103-2765778 1. Commitment Date : April 11, 2017 at 7:30 A.M. 2. Policy or Policies to be issued: Policy Amount Premium Amount X Std Owner's Policy ID-ALTA Std Owner Policy (6-17-06)-N (Premium amount reflects $No Available credit) $700,000.00 $2,314.00 Proposed insured: North States Development, LLC X Std Loan Policy ALTA Std Loan Policy 1056.06 (1) (2006)-N (Premium amount reflects $No Available credit) $230,000.00 $75.00 Proposed insured: Broadbent Ventures, LLC and Meridian Fairview, LLC Endorsements: $ 3. A fee simple interest in the land described in this Commitment is owned, at the Commitment date, by: PARCELS I, III, IV, V, IX AND X: Meridian Fairview, LLC PARCELS II, VI, VII AND VIII: Erhart Investor Recovery, LLC Form 5011000 (7-1-14) Page 4 of 16 ALTA Plain Language Commitment (6-17-06) 4. The land referred to in this Commitment is described as follows: PARCEL I: A PORTION OF LOT 1, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO, DESCRIBED AS FOLLOWS: THE NORTH 58 FEET, BEING THE NORTH HALF OF THE FOLLOWING DESCRIBED PARCEL OF LAND; BEGINNING AT THE WEST QUARTER CORNER OF SECTION 7, OR THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE EAST ON THE CENTER LINE OF SAID SECTION 7, 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET A DISTANCE OF 1,926 FEET, THENCE EAST 286.5 FEET TO THE REAL PLACE OF BEGINNING: THENCE NORTH 116 FEET; THENCE EAST 246.5 FEET TO THE WEST BOUNDARY OF THE ROADWAY; THENCE SOUTH 116 FEET; THENCE WEST 246.5 FEET TO THE REAL PLACE OF BEGINNING. PARCEL II: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO; THENCE EAST ON CENTER LINE OF SAID SECTION 521.4 FEET TO INTERSECT THE CENTER LINE OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET 1926 FEET; THENCE EAST 286.5 FEET TO THE REAL PLACE OF BEGINNING; THENCE NORTH 116 FEET; THENCE EAST 246.5 FEET TO THE WEST LINE OF THE ROAD; THENCE SOUTH 116 FEET; THENCE WEST 246.5 FEET TO THE REAL PLACE OF BEGINNING. EXCEPT THE NORTH 58 FEET. PARCEL III: PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE EAST ON THE CENTERLINE OF SECTION 7, A DISTANCE OF 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTERLINE OF EAST FIRST STREET A DISTANCE OF 1264 FEET; THENCE EAST 40 FEET TO THE EAST LINE OF EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET, 662 FEET; THENCE EAST 493 FEET, MORE OR LESS, TO THE WEST BOUNDARY OF A 50 FOOT ROAD BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO Form 5011000 (7-1-14) Page 5 of 16 ALTA Plain Language Commitment (6-17-06) S.L. HUGHELL AND MARY HUGHELL, BY DEED RECORDED IN BOOK 203 OF DEEDS AT PAGE 204, RECORDS OF ADA COUNTY, IDAHO, THE REAL POINT OF BEGINNING; THENCE SOUTH ALONG THE WEST BOUNDARY OF A ROAD 60 FEET TO A POINT, THENCE WEST 130 FEET TO A POINT; THENCE NORTH 50 FEET (MORE CORRECTLY DESCRIBED AS 60 FEET) TO A POINT, THENCE EAST 130 FEET TO THE REAL POINT OF BEGINNING. PARCEL IV & V: A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE i EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE EAST A CENTER LINE OF SECTION 7, A DISTANCE OF 521.4 FEET TO A POINT CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET, ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET A DISTANCE OF 1264 FEET, THENCE EAST 40 FEET TO THE EAST LINE OF THE EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET 662 FEET; THENCE EAST 493 FEET, MORE OR LESS, TO THE WEST BOUNDARY OF 50-FOOT ROAD BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO S.L. HUGHELL AND MARY HUGHELL BY DEED RECORDED IN BOOK 203 OF DEEDS AT PAGE 204, RECORDS OF ADA COUNTY, IDAHO; SOUTH ALONG THE WEST BOUNDARY OF ROAD, 60 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 38 FEET TO A POINT, THENCE WEST 120 FEET TO A POINT; THENCE SOUTH 60 FEET TO A POINT; THENCE WEST 126 FEET TO A POINT; THENCE NORTH 158 FEET TO A POINT ON THE NORTH LINE OF ABOVE DESCRIBED TRACT; THENCE EAST 116 FEET TO A POINT; THENCE SOUTH 60 FEET TO A POINT; THENCE EAST 130 FEET TO THE REAL POINT OF BEGINNING. PARCEL VI: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, IN ADA COUNTY, IDAHO; THENCE EAST ON THE CENTER LINE OF SECTION 7 A DISTANCE OF 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET A DISTANCE OF 1264 FEET, THENCE EAST 40 FEET TO THE EAST LINE OF EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET 662 FEET; THENCE EAST 493 FEET, MORE OR LESS TO THE WEST BOUNDARY OF 50 FOOT ROAD BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO S.L. HUGHELL AND MARY HUGHELL BY DEED RECORDED IN BOOK 203 OF DEEDS AT PAGE 204, RECORDS OF ADA COUNTY, IDAHO; THENCE SOUTH ALONG THE BOUNDARY OF ROAD 98 FEET TO THE REAL PLACE OF BEGINNING; THENCE CONTINUING SOUTH 60 FEET TO A POINT; THENCE WEST 120 FEET TO A POINT; THENCE NORTH 60 FEET TO A POINT; THENCE Form 5011000 (7-1-14) Page 6 of 16 ALTA Plain Language Commitment (6-17-06) EAST 120 FEET TO THE REAL PLACE OF BEGINNING. PARCEL VII: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE EAST ON THE CENTER LINE OF SECTION 7, A DISTANCE OF 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET A DISTANCE OF 1264 FEET; THENCE EAST 40 FEET TO THE EAST LINE OF EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET 662 FEET; THENCE EAST AT RIGHT ANGLES 493 FEET, MORE OR LESS, TO THE WEST BOUNDARY OF 50 FOOT ROAD; THENCE SOUTH ALONG WEST BOUNDARY OF ROAD 158 FEET; THENCE WEST AT RIGHT ANGLES A DISTANCE OF Ill FEET TO A POINT IN THE CENTER LINE OF AN IRRIGATION DITCH AND THE TRUE POINT OF BEGINNING; THENCE REVERSING DIRECTION AND RETURNING ALONG THE LAST MENTIONED COURSE IN AN EASTERLY DIRECTION ill FEET; THENCE SOUTHERLY AT RIGHT ANGLES, ALONG THE WEST BOUNDARY OF SAID ROAD A DISTANCE OF 60 FEET; THENCE WESTERLY AT RIGHT ANGLES, AND PARALLEL WITH THE NORTH LINE OF THE TRACT DESCRIBED IN BOOK 203 OF DEEDS AT PAGE 204, RECORDS OF ADA COUNTY, IDAHO, A DISTANCE OF 121 FEET TO A POINT IN THE CENTER LINE OF AN IRRIGATION DITCH; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE CENTER LINE OF SAID DITCH TO THE TRUE POINT OF BEGINNING. PARCEL VIII: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7 TOWNSHIP 3 NORTH, RANGE 1 EAST; BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE 521.40 FEET EAST ALONG CENTER LINE OF SAID SECTION 7 TO CENTER OF CONCRETE MONUMENT AT INTERSECTION TO PINE AVENUE AND EAST FIRST ST. IN MERIDIAN, IDAHO; THENCE NORTH FOR A DISTANCE OF 1,926.0 FEET ALONG CENTER LINE OF SAID EAST FIRST STREET TO A POINT; THENCE EAST FOR A DISTANCE OF 40 FEET TO EAST BOUNDARY OF SAID EAST FIRST STREET; THENCE CONTINUING EAST FOR AN ADDITIONAL DISTANCE OF 493 FEET TO A POINT IN WESTERLY EDGE OF TWO AND -ONE-HALF STREET IN MERIDIAN, IDAHO; THENCE SOUTH ALONG WEST EDGE OF SAID 2-1/2 ST. FOR A DISTANCE OF 228.0 FEET TO A 1/2" SQUARE STEEL PIN, WHICH IS THE REAL PLACE OF BEGINNING; THENCE WEST FOR A DISTANCE OF 246 FEET TO 1/2" SQUARE STEEL PIN IN FENCE LINE; THENCE NORTH ALONG EXISTING FENCE LINE FOR A DISTANCE OF 70 FEET TO IRON PIN IN EXISTING FENCE CORNER; THENCE EAST ALONG EXISTING FENCE FOR A DISTANCE OF 130 FEET TO IRON PIN IN CENTER LINE OF EXISTING COMMUNITY IRRIGATION DITCH; THENCE SOUTHERLY AND WESTERLY ALONG CENTER LINE OF SAID DITCH FOR A DISTANCE OF 60 FEET (MORE OR LESS) TO A POINT IN CENTER LINE OF SAID DITCH (SAID POINT BEING 125 FEET, MORE OR LESS, EAST OF SOUTHEAST CORNER OF THIS PLOT OF LAND SURVEYED); THENCE EAST FOR A DISTANCE OF 121 FEET TO IRON PIN IN WEST EDGE OF SAID TWO AND - ONE -HALF STREET; THENCE SOUTH ALONG WEST EDGE OF TWO -AND -ONE-HALF STREET FOR A DISTANCE OF 10 FEET TO A 1/2" SQUARE IRON PIN, THE REAL PLACE OF BEGINNING. Form 5011000 (7-1-14) Page 7 of 16 ALTA Plain Language Commitment (6-17-06) PARCEL IX: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO; THENCE EAST ON THE CENTER LINE OF SECTION 7, A DISTANCE OF 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET A DISTANCE OF 1264 FEET; THENCE EAST, 40 FEET TO THE EAST LINE OF EAST FIRST STREET; THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET, 662 FEET; THENCE EAST AT RIGHT ANGLES, 493 FEET, MORE OR LESS, TO THE WEST BOUNDARY OF 50 FOOT ROAD; THENCE SOUTH ALONG WEST BOUNDARY OF ROAD, 158 FEET; THENCE WEST AT RIGHT ANGLES, III FEET TO THE CENTER OF IRRIGATION DITCH AND REAL POINT OF BEGINNING; THENCE SOUTHERLY AT RIGHT ANGLES, 60 FEET ALONG DITCH, THENCE EASTERLY AT RIGHT ANGLES, 111 FEET; THENCE SOUTHERLY AT RIGHT ANGLES, 98 FEET; THENCE WESTERLY AT RIGHT ANGLES AND PARALLEL WITH THE NORTH LINE OF TRACT DESCRIBED IN BOOK 203 OF DEEDS, AT PAGE 204, RECORDS OF ADA COUNTY, IDAHO; 246 FEET; THENCE NORTHERLY AT RIGHT ANGLES, 158 FEET, THENCE EASTERLY AT RIGHT ANGLES, 135 FEET TO THE REAL POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PARCEL: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE, MERIDIAN, ADA COUNTY, IDAHO; THENCE 521.40 FEET EAST ALONG THE CENTER LINE OF SAID SECTION 7 TO CENTER OF CONCRETE MONUMENT AT INTERSECTION OF PINE AVENUE AND EAST FIRST STREET IN MERIDIAN, IDAHO; THENCEFORTH FOR A DISTANCE OF 1,926.0 FEET ALONG CENTER LINE OF SAID EAST FIRST STREET TO A POINT; THENCE EAST FOR A DISTANCE OF 40 FEET TO EAST BOUNDARY OF SAID EAST FIRST STREET THENCE CONTINUING EAST FOR AN ADDITIONAL DISTANCE OF 493 FEET TO A POINT IN WESTERLY EDGE OF TWO -AND -ONE-HALF STREET IN MERIDIAN, IDAHO; THENCE SOUTH ALONG WEST EDGE OF 21/2 STREET FOR A DISTANCE OF 228.0 FEET TO A 1/2" SQUARE STREET PIN; WHICH IS THE REAL PLACE OF BEGINNING; THENCE WEST FOR A DISTANCE OF 246 FEET TO 1/2" SQUARE STEEL PIN IN FENCE LINE; THENCE NORTH ALONG EXISTING FENCE LINE FOR A DISTANCE OF 70 FEET TO IRON PIN IN EXISTING FENCE CORNER; THENCE EAST ALONG EXISTING FENCE FOR A DISTANCE OF 130 FEET TO IRON PIN IN CENTER LINE OF EXISTING COMMUNITY IRRIGATION DITCH; THENCE SOUTHERLY AND WESTERLY ALONG CENTER LINE OF SAID DITCH FOR A DISTANCE OF 60 FEET (MORE OR LESS) TO A POINT IN CENTER LINE OF SAID DITCH, (SAID POINT BEING 125 FEET, MORE OR LESS, EAST OF SOUTHEAST CORNER OF THIS PLOT OF LAND SURVEYED); THENCE EAST FOR A DISTANCE OF 121 FEET TO IRON PIN IN WEST EDGE OF SAID TWO -AND - ONE -HALF STREET; THENCE SOUTH ALONG WEST EDGE OF TWO -AND -ONE-HALF STREET FOR A DISTANCE OF 10 FEET TO A 1/2" SQUARE IRON PIN, THE REAL PLACE OF BEGINNING. PARCEL X: Form 5011000 (7-1-14) Page 8 of 16 ALTA Plain Language Commitment (6-17-06) PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7; THENCE EAST ON THE CENTER LINE OF SECTION 7, A DISTANCE OF 521.4 FEET TO A CONCRETE MONUMENT IN THE CENTER OF EAST FIRST STREET ON PINE AVENUE; THENCE NORTH ON THE CENTER LINE OF EAST FIRST STREET 1264 FEET; THENCE EAST 40 FEET TO THE EAST LINE OF EAST FIRST STREET, THENCE NORTH ALONG THE EAST LINE OF EAST FIRST STREET 346 FEET; THENCE EAST 493 FEET, MORE OR LESS, TO THE WEST BOUNDARY OF 50 FOOT ROAD, TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN DEED RECORDED AUGUST 20, 1929 IN BOOK 190 AT PAGE 123, INSTRUMENT NO. 136324, THE REAL POINT OF BEGINNING; THENCE SOUTH 46 FEET; THENCE WEST AT RIGHT ANGLES 246 FEET, THENCE NORTH AT RIGHT ANGLES 46 FEET, THENCE EAST AT RIGHT ANGLES 246 FEET TO THE REAL POINT OF BEGINNING. ALSO A PARCEL OF LAND IN GOVERNMENT LOT 1 (NORTHWEST QUARTER NORTHWEST QUARTER) OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING A PORTION OF FORMER TAX PARCEL NO. 51107223050, AS DESCRIBED IN A DEED RECORDED ON AUGUST 7, 1992 AS INSTRUMENT NO.9230523, AND BEING THAT PORTION OF SAID TAX PARCEL WHICH IS TO BE INCLUDED IN NEW TAX PARCEL NO. S1107223060, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY QUARTER CORNER OF SAID SECTION 7; THENCE NORTH 89001'40" EAST, 521.40 FEET (EAST, 521.61 FEET), ALONG THE CENTERLINE OF EAST PINE AVENUE, AS SHOWN ON THE PLAT OF SCHOOL PLAZA SUBDIVISION NO. 1, RECORDED IN BOOK 64 AT PAGE 6501, TO A BRASS MONUMENT IN THE INTERSECTION OF SAID EAST PINE AVENUE AND NORTH EAST FIRST STREET, THENCE NORTH 00000'00" EAST, 662.03 FEET (662.00 FEET) ALONG THE CENTERLINE OF SAID NORTH EAST FIRST STREET TO AN ALUMINUM MONUMENT IN THE INTERSECTION OF SAID NORTH EAST FIRST STREET AND EAST CARLTON AVENUE; THENCE NORTH 89004'44" EAST, 558.20 FEET (558.17 FEET) ALONG THE CENTERLINE OF EAST CARLTON AVENUE TO THE BRASS STUB OF A BROKEN BRASS CAP MONUMENT IN THE INTERSECTION OF SAID EAST CARLTON AVENUE AND NORTH EAST TWO AND ONE-HALF STREET; THENCE NORTH 00003'51" WEST, 895.45 FEET ALONG THE CENTERLINE OF SAID EAST TWO AND ONE-HALF STREET TO A POINT LOCATED SOUTH 00003'51" EAST, 116.00 FEET FROM A BRASS MONUMENT AT THE POINT OF INTERSECTION OF SAID CENTERLINE WITH THE SOUTHERLY LINE OF EAST BADLEY AVENUE; THENCE SOUTH 89028'54" WEST, 25.00 FEET TO A POINT IN A LILAC BUSH MARKED BY A WITNESS CORNER 5/8 INCH REBAR WITH PLASTIC CAP SET NORTH 89028'54 EAST, 2.00 FEET FROM SAID POINT WHICH IS IN THE WESTERLY SIDELINE OF SAID NORTH EAST TWO AND ONE-HALF STREET AND THE POINT OF BEGINNING; THENCE, 1.) SOUTH 89028'54" WEST, 192.87 FEET ALONG A NEW LINE THROUGH FORMER TAX Form 5011000 (7-1-14) Page 9 of 16 ALTA Plain Language Commitment (6-17-06) By: PARCEL NO. S1107223050 TO A 5/8 INCH REBAR WITH PLASTIC CAP SET AT A NEW PROPERTY CORNER; THENCE, 2.) SOUTH 00003'22" EAST, 56.39 FEET ALONG SAID NEW LINE TO A 5/8 INCH REBAR WITH PLASTIC CAP SET IN THE SOUTHERLY LINE OF SAID TAX PARCEL NO. S1107223050; THENCE 3.) SOUTH 89°28'35" WEST, 53.00 FEET ALONG SAID SOUTHERLY LINE TO A 5/8 INCH REBAR WITH PLASTIC CAP SET AT THE ORIGINAL SOUTHWESTERLY CORNER OF SAID TAX PARCEL NO. S1107223050; THENCE, 4.) NORTH 00003'22" WEST, 60.22 FEET (60.00 FEET) ALONG THE WESTERLY LINE OF SAID TAX PARCEL TO THE NORTHWESTERLY CORNER OF SAID TAX PARCEL NO. S1107223050; THENCE, 5.) NORTH 89°28'54" EAST, 245.87 FEET (246.00 FEET) ALONG THE FORMER NORTHERLY LINE OF SAID TAX PARCEL TO THE ORIGINAL NORTHEASTERLY CORNER OF SAME, IN THE WESTERLY SIDELINE OF SAID NORTH EAST TWO AND ONE HALF STREET; THENCE, 6.) SOUTH 00003'51" EAST, 3.82 FEET ALONG SAID SIDELINE TO THE POINT OF BEGINNING. Address disclosed by County Assessor: numerous addresses, Meridian, ID 83642 APN: S1107223160 - PARCEL I; S1107223150 - PARCEL II; S1107223125 - PARCEL III; S1107223100 - PARCEL IV; S1107223090 - PARCEL V; S1107223085 - PARCEL VI; S1107223082 - PARCEL VII; S1107223080 - PARCEL VIII; S1107223070 - PARCEL IX; S1107223065 - PARCEL X -/Yyv 4�- cn� Authorized Signatory MayLin Carlsen, Title Officer (This Schedule A valid only when Schedule B is attached) Form 5011000 (7-1-14) Page 10 of 16 ALTA Plain Language Commitment (6-17-06) ', t R y E R! C 1 FirstAmerican Tilde 47W4;7 Schedule BI File No.: 4103-2765778 The following requirements must be met: Title Insurance Commitment BY First American Title Insurance Company REQUIREMENTS (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (d) You must give us the following information: A) Release(s) or Reconveyance(s) of items(s) AS MEETS INSURED'S REQUIREMENTS. (e) We require Seller's or Borrower's Affidavit provided and approved prior to recording. This requirement is waived if we are not doing the escrow closing. (>] You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. Form 5011000 (7-1-14) Page 11 of 16 ALTA Plain Language Commitment (6-17-06) Title Insurance Commitment 0 Au lft 1 First American 7"itle By ,WZL; First American Title Insurance Company Schedule BII File No.: 4103-2765778 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authorities that levies taxes or assessments on real property or by the public records. 2. Any, facts, rights, interests, or claims, which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and that are not shown in the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 7. General and Special Taxes for the year 2014 are full delinquent for the following parcels: 51107223150;S1107223085 General and Special Taxes for the year 2015 are full delinquent for the following parcels: 51107223150;S1107223085 and first half paid, and second half delinquent for the following parcels: 51107223082;S1107223080 9. General and Special Taxes for the year 2016 are first half delinquent, second half due and payable but not delinquent until June 20, 2017 as to the following parcels: 51107223150;51107223085;S1107223082;51107223080 Form 5011000 (7-1-14) Page 12 of 16 ALTA Plain Language Commitment (6-17-06) and first half paid, second half due and payable but not delinquent until June 20, 2017 as to the following parcels: S1107223160; S1107223125; S1107223100; S1107223090; S1107223070; S1107223065 10. General and Special Taxes for the year 2017, an accruing lien not due or payable until the fourth Monday in November 2017 when the bills are issued, the first half of which is not delinquent until after December 20, 2017. 11. General taxes which may be assessed and extended on any "subsequent" or "occupancy" tax roll, which may escape assessment of the regular tax roll; which are a lien not yet due or payable. 12. Any tax, fee, assessments or charges as may be levied by City of Meridian. 13. Any tax, fee, assessments or charges as may be levied by Nampa & Meridian Irrigation District. 14. Except mineral or water rights, claims or title to mineral or water. 15. Easement, including terms and provisions contained therein: Recording Information: Book 15 of Miscellaneous Records at Page 475 In Favor of: Idaho Power Company For: power lines 16. Easement, including terms and provisions contained therein: Recording Information: 394631 In Favor of: City of Meridian For: sewer lines 17. Easement, including terms and provisions contained therein: Recording Information: 394673 In Favor of: City of Meridian For: sewer lines 18. Easement, including terms and provisions contained therein: Recording Information: 394674 In Favor of: City of Meridian For: right of way 19. Easement, including terms and provisions contained therein: Recording Information: 394700 In Favor of: City of Meridian For: public utilities 20. Easement, including terms and provisions contained therein: Recording Information: 394710 In Favor of: City of Meridian For: sewer lines 21. Easement, including terms and provisions contained therein: Recording Information: 8654660 In Favor of: Idaho Power Company For: power lines Form 5011000 (7-1-14) Page 13 of 16 ALTA Plain Language Commitment (6-17-06) 22. Easement, including terms and provisions contained therein: Recording Information: 8654667 In Favor of: Idaho Power Company For: power lines 23. Easement, including terms and provisions contained therein: Recording Information: 8654670 In Favor of: Idaho Power Company For: power lines 24. All matters disclosed by a record of survey recorded Decemer 1, 1997 under recording no. 97099766. 25. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Milton E. Erhart, a married man Grantee/Beneficiary: Mountain West Bank Trustee: Lawyers Title Insurance Corporation Amount: $92,000.00 Recorded: July 18, 2001 Recording Information: 101071942 Assignment recorded January 13, 2016, as Instrument No. 2016-002997 to Broadbent Ventures, LLC (AFFECTS PARCELS VII AND VIII) 26. INTENTIONALLY DELETED 27. INTENTIONALLY DELETED 28. INTENTIONALLY DELETED 29. INTENTIONALLY DELETED 30. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 31. Any off -record facts, encumbrances, easements or possessory claims, a survey or inspection would disclose. 32. The right, title or interest of Broadbent Ventures, LLC, as disclosed by Sheriffs Deeds recorded as Instrument Nos. 2016056726, 2016056729, 2016056730 and 2016056732. (AFFECTS PARCELS II, VI, VII & VIII) Form 5011000 (7-1-14) Page 14 of 16 ALTA Plain Language Commitment (6-17-06) INFORMATIONAL NOTES A. Other than as shown in Schedule B; we find no Judgment Liens, State Tax Liens, Federal Tax Liens or Child Support Liens of record within the Public Records which attach to the name(s) or interest of the vested owner and/or proposed insured owner/borrower. B. Pursuant to the State of Idaho Insurance Regulations: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: Recording fees: $10.00 for the first page and $3.00 per page for every page thereafter. Additional $2.25 per document electronic recording fee. Form 5011000 (7-1-14) Page 15 of 16 ALTA Plain Language Commitment (6-17-06) First American Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as infommation obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: elephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and Investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial Institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Intemet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any Information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Finandal Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. ---- ------------------------------------- - Fair Information Values Fairness We consider consumer expeditions about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer In our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in Identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will Instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate fadfities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) ADA COUNTY RECORDER Christopher D. Rich 2015-037531 BOISE IDAHO Pgs=6 LISA BA17 05/04/2015 01:01 PM FIRST AMERICAN TITLE / EAGLE $25.00 AFTER RECORDING MAIL TO:' Meridian Fairview, LLC 6149.N Meeker Place, Suite 110 Boise, ID 83713 ELMONIMLLYRECORDED -DO NOT At( OVA b 0 P6\6 rV REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS RECORDINO REQUESTED BY PART OF THE ORIGINAL DOCUMENT STAMERICANTITLE COMPANY p ' AN ACCOMMOt W ION ONLY QUITCLAIM DEED For Value Received, Alturas Equity, LLC, do(es) hereby convey, release, remise,.and forever quit claim unto Meridian Fairview, LLC, whose :address is 6149 N Meeker Place, Suite 110, Boise, ID Ei3713'the following described premises in Ada County, Idaho, to wit: - LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described. as follows: See legal description attached hereto and made a part hereof together with their appurtenances, Dated:--1�'9� �! 20 1 Aituras Equity, LLC by Aituras Capital, LLC, its Manager By: Blake J. Hansen M n ga er Page 1 of 2 fl APN: R1718470140 Quitdaim Deed - continued He No.: 4103-2382093 (DS) Date: 04/14/2015 STATE OF Idaho ) ss. COUNTY OF Ada ) On this.. 15 day of April, 2016, before me, a Notary Public in and for said State, personally appeared Blake ]. Hansen, known or identified to me to be the Manager of Aituras Capital, LLC, a limited'' liability company which is the Manager of the Alturas Equity, LLC, limited liability company, and subscribed said Limited Liability Company's name to the foregoing instrument and acknowledged to me that such limited company executed same in said limited liability company's name. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ota Public for the State Idaho . off; • ,sand ry ti • • Residing at: Boise, ID r e o My Commission Expires: 9/29/2017 0 ;XBdy • p • ,��i . Page 2 of 2 A portion of Lot 1, Section 7, Township 3 Norib, Range 1 East, Boise Meridian, Ada County, State 41daho, described_ as follows: The North 58 feet, being the North half of the following described parcel of land: Beginning,at the West quarter cornerofSection 7, or t7fe Southwest corner of the Northwest Qi a ter of said Section 7, Township 3 North, Range 1 East, Boise Meridian; thence Easton the center line of said Section 7,521.4 feet to a concrete monument in the center of East Furs! Strect on Pine Avenue; thence' North` on the center line of East First Street a distance of 1,M feet; thence EasiU S feet to the REAL PLACE OF BEGINNING: thence North-116 feet; thence Eist-246S feet to the West boundary of the roadway; thence Sout6;116 feet; thence Wesi W.5 feet to the REAL PLACE OF BEGINNING. Real property In the City of Mertdlaa, County of Ada, State of Idaho, described as follows: Commencing at the West quarter Corner of Section 7 Towashlp 3 North, Range 1 East, Boise Meridian, In Ada County, Idaho; thence East on the center line of Section 7, a distance of S21A feet to a concrete monument In the center -"af East First Street on Pine Avenue; thence North on the center line of East First Street a distance of 1264 fed; thence East, 40 feet to the East tine atEast Fisk Street; thence North along the East "no of East First Street, 662 fat; theme East at right angles, 493 feet, more or Ices, to the West boundary of SO foot rued; thence South along West boundary of road- ISO feet; thence West at right angles,111 feet to the Center of Irrigation pitch and REAL POINT OF BEGINNING; thence Soatherly atrlht annch,thence Easterly at rig gles,111 fed; thence Southerly at right angles, 98 feet; theme North Westerly at right angles and parallel with'toh 246 feet;it °hence Northerly at right angles, 3158 feet;B• stPage204,Records orAda County, ith thence NOF BEG INNING* Eaterlatihtget the RRngPOT aEREFROMtf Commencing at the West quarter target of Section 7, Towcehip 3 North, Range 1 Easy Boise, Meridian, Ada County, Idaho; thence S21A0 feet East along the teeter line oresid Section 7 to Meri an center of concrete monument at latersection of Plat Avenueton oast FiId.rst sttptrs Ireet Street di a , Idaho; thenceforth for a distance of 1,926.0 feet along point; thencereet East for a distance of 40 feet to East boundary of said EW FAY Sdge af Taw AadOa�Halt East for an additional distance of 493 feet to a point in Street in Meridian, Idaho; thence South along West edge of 2111 Street for a distance of 226.0 hatto a 1/2" square streetpial which is the REAL PLACE OF BEGINNING; theme West for a distance of 246 feet to lib" square steel pin in fence Hue; thence North along misting fence line for a distance of 70 feet to iron pin /o existing feme corner; thence in center line oFsxistiag East along existing Fence for a distance of 130 fed to Iron pin community irrigation ditch; thence Southerly and Westerly along tenter tine of said ditch ff'or aid �4�e 60 re or less) tog point in center Una of" ditch, (said point being or te&% East of Southeast corner of this plot of knd surveyed). thenthence to iron Pin in West edge orsold East for a distance of a o[ Wto-Aud Oasrl[aif Street for a distance of 10[eet m a 1fl""ssquare ce South along West edg iron pin, the REAL PLACE OF BEGINNING. • Real pri perty In the City of Meridian, County of Ada, State of 1dabo desctthai as fofiowst Part of the Northwest quarter oft" Northweat quartet cf Section 7, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, described as follows' - COMMENCING at the West quarter corner of aald Section 7. Thence East on the center line of Section 7, a distance of 521.4 feet to a concrete monument in the center of East First Street on Pine Avenue; Tbence North in the center tine of East First Street 1264 feet, Thence Eat 40'feet to the East line of East FIM SI * Thence North sloug the East fine of Bast First Street 346 feet; Thence East 493 feet, more or leas, to the West boundary of SO foot road, to the Northeast comer of that parcel described in Deed recordedAugust 20,1029 in Book 190 at page 123,Instrument No.136324 the REAL POINT OFBEGINNiNGt ThenceSouth 46 feet; Thence West at Right Angles 246 feet; Thence North at Right Angles 46 feel; Thence East of Right Angles 2+46 feel to the REAL POINT OF BEGINNING• ALSO A parcel of land to government Lot t (Nothwest quarter Northwest quarter) of Sei:ti6a 7, Township 3 North, Range I East, Boise Meridian, City Or Meridian, Ada County. Idaho, being a Pared NO. 91107223950, as described In a Deed 992 as Instrument No. 9230523, and being that portion of acid Tportn of former Tax reel whsidon eh Is to be August 7� included in now Tat Parcel No. wo S1t07223#60, said portion being moreparticularly described as falto COMMENCING at the Westerly 4a'atier corner of acid Section 7; the centerline otEast pine Thence North 89001140" East, 521.40 feetMast, 521.61 feet), along Avenue, as shown on the plat of Schoolpiara Subdivision No.1; recorded in Book 64 at Page 6501,(6 a *bras monument in the intersection of osld East Pine Avenue and North East First Street; ocenteritae ofaatd North East Thence North 00°00'00" East, OWW W (� feet) tong the First Street to an aluminum monumeat in the Intersection ofsaid North East First Street and East Carlton Avenue; Thence North 89,104144" East, S58.20 feet (558.11 feet) along the ceuterlt� of Esat Carlton Avenue to the brass stub of a broken brass cap monument in the lateen "T of said East Carlton Avenue and North East Two and Z-batf Street; / Thence North 00003,51" West. MAS feet along the centetiine of sold East wo and Onedwtf Street to a point located South 00003'51" East,116.00 feet from a bras$ monument at the point of intersection of -laid centerline with the Southerly line of East Badley Avenue; Thence South 89WS4" West, 25.00 feet ton point ins Use Bush marked by a witness corner Sig tndf rebar with plastic ell) set North 89°28'54 East, 2.00 feet from said point which is in the Westerly alder of said North East Two and One-bsl(Street and the POINT OF BEGWNING; Thence; 1.) South 89028154" West,192:87 feet -along a now Une through former Tat Parcel No. . S1107223050 to a sM inch rebar with piastie cap act at a new property corner; Thence. 2.) South 00*03.n" East, 5639 feet slang said new line to a SM inch rebar with. pleatk rap set in the Southerly line of Bald Tax Parcel No.311072230509 Thence 3.) South $9128135" West. set at the original Southwesterly cofeetma' along tsaid Tan Paresaid d No. 811672ine to a SM 1230Snch rebar Thence, plastic cop 4) North 00003'22" West, 66.22 feet (60.o0 feet) along the Westerly fine of said Tax Pared to the Northwesterly corner of said Tax Parch No. 91107223050; Thence, 5) North 89028154" EaA 245.87 feet (246.00 fast) along the former Northerly list of said Tax Parcel to the original Northeasterly comer bf some, in the Westerly sideline of said North East Two and One-half Street; Thence, 6) South 00'03'61" East, 3.82 feet along said sideline TO THE POINT OF BEGINNING. Parcel It Part of the Northwest Quarter of Section 7, Township 3 North, Range 1 East, Boise Merldlan, Ada County, Idaho, more particularly described as, follows: Commencing at the West Quarter of Section 7.Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence East on the centerline of Section 70 a distanceof 521A feet to a concrete monument In the center of East First Street on Pine Avenue; thence North on the centerline of East First Street a distance of 1264 feet; thence East 40 feet to the East line of East Filet Street; thence North along the East Rue of East First Street, 662 &et; thence East 403 feet, more or less, to the West boundary of a 50 foot road being the Northeast corner of that certain tract of bad conveyed to &L. Hughell and Mary Hughefl, by Deed ►eeorded'in Book 203 of Deeds at Page 204, records of Ada County, Idaho, the REAL POINT OF BEGINNING; thence South along the West boundary of a road 60 A*t to a point•,; thanes West 136feet to a point; thence Nor1'b So feet (more correctly described as 60 feet) to a point; thencet East 136'feet to the REAL POINT OF BEGINNING. Parcel H: A part of the Northwest Quarter of the Northwest Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the West Quarter corner of Section 71 Township 3 North, Range I FAA Bolas 1Vleridinn, Ad�4. nty, Idaho; tbence Fast a ¢enter line sn 7,adistance ot521A fat to a point conercte moaament in the fer ofEas!First n Pine Avenue; thence North on'the center line of East First Street a distance of 1264 fcet; thence East 40.feet to the East He, of the East First Streets thence North`atoog the East Ilna of East F1rstStreet662 feet; thence East 493'feet, more or test, to the West boundary of SQ-foot mad being the Northeast corner of that certain tract of baud conveyed to &L H.O.n sad Mary Hngtceil by Deed recorded In Book 203 of.Deeds at page 204, records of Ada County, Idaho; south along the West boundary of Road, 60 fact to the REAL POINT OF BEGINNING; thence contieaing South8 feet to a point; thence West 120 feet to a point; thence South 60`feet to a point; thence West 126 feet to a point; thence North 158 feet to a point on the North tine of above described tract; thence East 116 feet to a point; thence South 60;4et to a point; thence East 130 eettotheREALPOINTOFBEGINNING. 20 "3Z Y9• wo S.t A/AS/,rC 4 Approved by Grantee ADA COUNTY RECORDER J. DAYPD NAVARRO 2 v 6OISE IDAHO 09117/03 04:12 PU DEPUTY Joanne Hooper RECORDED -REQUEST OF �I IIIIIII�IIIIIIIIIIIIIIIIIIIrII III First American 103158255 AMOUNT 6.00 WARRANTY DEED For Value Received Cathleen Day Isaacs, a single person, who acquired title as Cathleen D. Holford hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto Milton E. Erhart, a married man, as his sole and separate property hereinafter referred to as Grantee, whose current address is 9540 W. Pebble Brook Lane, Boise, ID 83703 the following described premises, to -wit: See legal description attached hereto and made a part hereof. 5% To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except corrent years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: September 16, 2003. U V'c C2.eti- �9u..c2Ce ct �- Cathleen Day Isaacs —' STATE OF IDAHO ) SS. COUNTY OF Ada ) On This 16th day of September, in the year 2003, before me, a Notary Public in and for said State, personally appeared Cathleen Day Isaacs, known or identified to me person(s) whose name(s) is subscribed to the within zf Instrument, and acknowledged to me that she executed same. Notary lic of Idaho PATTY 1. CHUPP Residing at Boise r'NOTARY PUBIC Commission expires: 5108J2004 STATE OF IDAHO My Commission Expire& 5-8-2004. Date: September 15, 2003 EXHIBIT 'A' LEGAL DESCRIPTION: File No.: 4102-208249 ( PC) Beginning at the Southwest comer of the Northwest Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, State of Idaho; thence East on center line of said Section 521.4 feet to intersect the center line of East First Street on Pine Avenue;thence North on the center line of East First Street 1926 feet; thence East 286.5 feet to the REAL PLACE OF BEGINNING; thence North 116 feet; thence East 246,5 feet to the West line of the road; thence South 116 feet; thence West 246.5 feet to the REAL PLACE OF BEGINNING. EXCEPT ditch and road rights -of -way. Page 1 of 1 2 • 5� AM$$�e - ftcaJ Approved by Grantee Re—record to correct the land description ADA COURTY RECORDER J. DAVID NAVARRO 2 v BOISE. IDAHO 09/17103 04.12PM DEPUTY Joanne Roper RECORDED —REQUEST OF First American 1 "W AMOUNT 6100 ADA COUNTY RECORDER J. DAVID NAVARRO y BOISE IDAHO 10116M 04:15 PM %v�l—/�/C�QL� DEPUTY Jamia Parsons RECORDED —REQUEST OF III IIIIIIIIIIIINIIIilllllllllilil III First American AMOUNT 6.00 103176187 WARRANTY DEED For Value Received &V Cathleen Day Isaacs, a single person, who acquired title as Cathleen D. Holford hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto Milton E. Erhart, a married man, as his sole and separate property hereinafter referred to as Grantee, whose current address is 9540 W. Pebble Brook Lane, Boise, ID 83703 the following described premises, to -wit: See legal description attached hereto and made a part hereof. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: September 16, 2003. Cathleen Day Isaacs STATE OF IDAHO ) ss. COUNTY OF Ada ) On This 16th day of September, in the year 2003, before me, a Notary Public in and for said State, personally appeared Cathleen Day Isaacs, known or identified to me person(s) whose name(s) is subscribed to the within Instrument, and acknowledged to me that she executed same. Notary lic of Idaho PATTY 1. CHUPP Residing at Boise NOTARY'PUBLIC Commission expires: 5/08/2004 STATE OF IDAHO My Commission Expires 5-8-20044. Date: September 15, 2003 EXHIBIT 'X LEGAL DESCRIPTION: File No.: 4102-208249 ( PC) Beginning at the Southwest corner of the Northwest Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, State of Idaho; thence East on center line of said Section 521.4 feet to intersect the center line of East First Street on Pine Avenue; thence North on the center line of East First Street 1926 feet; thence East 286.5 feet to the REAL PLACE OF BEGINNING; thence North 116 feet; thence East 246.5 feet to the West line of the road; thence South 116 feet; thence West 246.5 feet to the REAL PLACE OF BEGINNING. EXCEPT the North 58 feet. EXCEPT ditch and road rights -of -way. Page 1 of 1 TINS FORM FURNISHED COURTESY OF: ALLIANCE TITLE & ESCROW CORP. ADA J. 2000 A -7 Pm 4: 16 RECORDED - REQUEST OF FE£bv 0 1.00001798 At I IANt" F TIT[ E READ & APPROVED BY GRANTEE(5__ SPACE ABOVE THIS LINE FOR RECORDING DATA (3085) Order No.: 99084796 SK/GW WARRANTY DEED FOR VALUE RECEIVED RONALD W. CHANDLER, a married man, as his sole and separate property. GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto MILTON E . ERHART, a married man, as his sole and separate property. GRANTEE(S), whose current address is: 4776 RIVERINE PL. , BOISE, ID 83703 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: January 05, 0 ONALD . CHANDLER STATE OF IDAHO COUNTY OF ADA On this 5th day of January , in the year of 2000 , before me, the undersigned, a Notary Public in and for said State, personally appeared RONALD W . CHANDLER known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. OLENDA WARNER Y► NOTARY PUBLIC TY STATE OF IDAHO Signature-,&/Z� A..KR t Kn �t Name: GLENDA F. WARNER (Wpc or print) Residing at: BOISE IDAHO PESIMG AT 03's; C I MY IX)MMIS&*N EXt'1' . I •,, 05/01/03 EXHIBIT "A" COMMENCING at the West Quarter corner of Section 7, Township 3 North, Range 1 East of the Boise Meridian, in Ada County, Idaho; thence East on the center line of Section 7 a distance of 521.4 feet to a concrete monument in the center of East First Street on Pine Avenue; thence North on the center line of East First Street a distance of 1264 feet, thence East 40 feet to the East line of East First Street; thence North along the East line of East First Street 662 feet; thence East 493 feet, more or less to the West boundary of 50 foot road being the Northeast corner of that certain tract of land conveyed to S.L. Hughell and Mary Hughell by Deed recorded in Book 203 of Deeds at Page 204, records of Ada County, Idaho; thence South along the boundary of road 98 feet to the REAL PLACE OF BEGINNING; thence continuing South 60 feet to a point; thence West 120 feet to a point; thence North 60 feet to a point.; thence East 120 feet to the REAL PLACE OF BEGINNING. _... - Q •••••� ncA"aRROnuttt � go� THIS PORMFMISHEDCOURTESYOF: V1Q NAVFEE DEPUTY )e1h� 19990127 PM4p 14 99105144 ALLIANCE TITLE & ESCROW CORP. R READ &APPROVED EY GRAN SPACE ABOVE THIS LINE FOR RECORDING DATA {3080/3082) Order No.: 99084310 SK/GW WARRANTY DEED FOR VALUE RECEIVED RICHARD E. HOLLOBAUGH and ANNA C. HOLL UGH, husband and wife GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto MILTON E . ERHART, a married man, as his sole & separate property. GRANTEE(S), whose current address is: 4776 RIVERINE PLACE, BOISE, ID 83703 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and. Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: October 27, 1999 C L UGH STATE OF IDAHO COUNTY OF ADA (V"/I-��MACHOLUGH On this 27th day of October , in the year of 1999 , before me, the undersigned, a Notary Public in and for said State, personally appeared RI CHARD E . HOLLOBAUGH and ANNA C. HOLLOBAUGH known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. Signature: GLENDA F. VIARM R A NOTARY FULLIC a Name: GLENDA F. WARNER STATE OF !DATi , (type or prim RESlOAT f Mr WMML"S9lUN M104 t:: _ _ ;! Residing at. BOISE IDAHO My Commission Expires: 05 / 01 / 03 Order No.: AT-99084310 SK/GW EXHIBIT "A" PARCEL A COMMENCING at the West Quarter corner of Section 7 Township 3 North, Range 1 East; Boise Meridian, Ada County, Idaho; thence 521.40 feet East along center line of said Section 7 to center of concrete monument at intersection to Pine Avenue and East First St. in Meridian, Idaho; thence North for a distance of 1,926.0 feet along center line of said East First Street to a point; thence East for a distance of 40 feet. to East boundary of said East First Street; thence continuing East for an additional distance of 493 feet to a point in Westerly edge of Two -and -one-half Street in Meridian, Idaho; thence South along West edge of said 2-1/2 St. for a distance of 228.0 feet to a 1/2" square steel pin, which is THE REAL PLACE OF BEGINNING; thence West for a distance of 246 feet to 1/2" square steel pin in fence line; thence North along existing fence line for a distance of 70 feet to iron pin in existing fence corner; thence East along existing fence for a distance of 130 feet to iron pin in center line of existing community irrigation ditch; thence Southerly and Westerly along center line of said ditch for a distance of 60 feet (more or less) to a point in center line of said ditch, -(said point being 125 feet, more or less, East of Southeast corner of this plot of land surveyed); thence East for a distance of 121 feet to iron pin in West edge of said Two -and -One -Half Street; thence South along West edge of Two -and -One -Half Street for a distance of 10 feet to a 1/2" square iron pin, THE REAL PLACE OF BEGINNING PARCEL B COMMENCING at the West Quarter corner of Section 7, Township 3 North, range 1 East, Boise Meridian; thence East on the center line of Section 7, a distance of 521.4 feet to a concrete monument in the center of East First Street on Pine Avenue; thence North on the center line of East First Street a distance of 1264 feet; thence East 40 feet to the East line of East First Street; thence North along the East line of East First Street 662 feet; thence East at right angles 493 feet, more or less, to the West boundary of 50 foot road; thence Continued on next page CONTINUATION OF EXHIBIT "A" Order No.: AT-99084310 SK/GW South along West boundary of road 158 feet; thence West at right angles a distance of 111 feet to a point in the center line of an irrigation ditch and the TRUE POINT OF BEGINNING; thence reversing direction and returning along the last mentioned course in an easterly direction 111 feet; thence Southerly at right angles, along the West boundary of said road a distance of 60 feet; thence Westerly at right angles, and parallel with the North line of the tract described in Book 203 of Deeds at page 204, records of Ada County, Idaho, a distance of 121 feet to a point in the center line of an irrigation ditch; thence Northeasterly and Northerly along the center line of said ditch to the TRUE POINT OF BEGINNING AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY -OF ADA y loshua Lester Luck. Manager of Frhart Investor. Reco►cry. LLC 3419 F. Parsnip I)ri%e (name) (address) Boise Idaho 93710 (city) (state) being first duly s«orn upon, oath. depose and say: That 1 am the record owner of the property descrihed oil the attached, and t grant my permission to: Broadbent Ventures, LLC (trrine) 6149 N. Meeker Pl, Ste 110, Boise, ID 83713 (address) to submit the accompanying, application(s)• pertaining to that property. 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. I hereby grant pennission to City of Meridiatr staff to enter the subject properly for the Pitt -pose of site inspections related to processing said application(s). Dared this day of June . 20 16 (Signature) SUBSCRIBED AND SWORN to before me the day and`vear first above written. ,,,���.. r. nnq�•• T. pO '•.. NOTARk*. : (Notary Pubtic for Idaho) = �•� Residing at: J / A'UBL1C �i �� �� • MyCommission, mission, Expires: ' /q of _ a Community De%clopiaent ■ I'lanning Division a 33 E. Br(Wwav Avenue. Ste. 101 Meridian. Idaho 83f42 Phone: 208-884-553 3 Fax: 208-888-6854 www.nx-ridiarwitLp/plannine AFFIDAVIT OF LEGAL INTEREST STATE OF 1DAHO ) ) COUNTY OF ADA ) Jonathan Hoeger, Manager of Broadbent Hoeger, Manager of Broadbent Properties, I, Manager of Meridian Fairview. LLC 6149 N. Meeker PI, Suite 110 (name) (address) Boise Idaho, 83713 (city) being first duly sworn upon. oath, depose and say: (state) 1. That I am the record owner of the property described on the attached. and I grant my permission. to: Broadbent Ventures, LLC 6149 N. Meeker PI., Ste 110, Boise, ID 83713 (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 staffto enter .the subject property for the purpose of site inspections related to processing said application(s). Dated this day of 73vVxg— , 20 Ih tg> ) SUBSCRIBED ANDS ORN to before nee the day and first a ve writte . o y Pt 1, for Idaho) Y ; �•� Residing at: PVA —il, PUB\-\G ? ' - My Cotmnussion Expires: Q Ors •., . . i ...... \ t iEo` t,p`�. Conunuuit% Development ■ Planning Division ■ 33 E. Broadoay Avenue. Ste. 102 Meridian. Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 "u,%v.meridiancitv.orclplanning 6/9/2016 Ada Count, Assessor Parcel Viewer Aerialson Sign in http:/twww.adacountyassessor.org/adarnaps/ 1/1 MERIDIAN 104 E. Fairview Ave development corp. Meridian, ID 836423642 REVIVE • RENEW • REDEFINE 208632 www.meridiandevelopmentcorntcorp.com May 10, 2017 Mr. Bill Parsons City of Meridian Community Development Department 33 East Broadway Avenue Meridian, Idaho 83762 RE: East 2.5-Street Alternative Parking Request by Inflection Development, LLC Dear Mr. Parsons: On May 10, 2017, the MDC Board of Commissioners had the opportunity to hear Inflection Development's request for a reduction in parking standards for their townhome project on East 2.5- Street. The Commissioners are first and foremost pleased to hear of this project. We believe this proposed project is the exact type of project envisioned for MDC's Northern Gateway District as outlined in Destination: Downtown. We would also like to thank Mr. Truax's commitment to the project and for ensuring this is a well thought-out development. The MDC Board reviewed Mr. Truax's parking reduction request and given the high parking requirements as set forth by Meridian Unified Code, believes a reduction is appropriate for the following reasons: • This project is within MDC's Downtown Urban Renewal District. This project meets MDC's vision of a higher density, quality residential project that accommodates a wide range of buyers from millennials; couples; young families; and those who wish to downsize. • MDC believes four stalls per unit in appropriate for a downtown project. We believe the developer is providing ample parking opportunities with 2.76-spaces per unit. • We believe allowing the reduction in parking will allow for a better community design thereby encouraging pedestrian and cycling. • Further, requiring the developer to meet four spaces per unit will impact density, design, and ultimately, affordability. We would ask that the City of Meridian take these reasons into consideration upon rendering their decision. If you should have any questions, please do not hesitate to let me know. Zid gards,Winder Vice Chairman, Meridian Development Corporation VICINITY MAP SCALE: 1 "=500' NEIGHBORHOOD MEETING SIGN -IN SHEET Meeting February13, 2017 6:30 PM Project: 2.5 Street Subdivision meeting Meeting Meridian Public library Address: 2.5 street, Meridian, to Place: Name Address Phone/E-Mail 333 LO Ross 9%- 3 Ste{ &ri nne �( 1AXo�€, rD 837flr a February 1, 2017' Dear Neighbors, This is an invitation for a neighborhood meeting to, discuss the, rezoning of parcels along 2 i Street between -Cole Valley,Christian School. and Rite Aid'to be held.on February 13, 2017 at 6:30 pm. The location of the meeting will be the Meridian PublicLibrary;at 1326 W. Cherry Lane. Currently some parcels are zoned .R-15 and:others,are CC. The,City of Meridian's planning.department has put considerable time, money and effort into:.ldngterm planning and this .rezone will work to reconcile current land`zoning;to the Cityts plans, Specifically the Old Town: District as,it compliments Meridian's ".Destination Downtown!. Old Town .District (O-T): The:purpose of the O=T,district is to accommodate and encourage further;intensifcation,af. the :historical':city,center,inaccordwith the,ItA ndiancomprehensive plan. The intent of the O-T district is to delineate a centralized activity center and to. encourage its, renewal, revitalization ,and growth as the public, quasi -public, cultural, ,financial and ,recreational center of the city. Public and quasi -public uses integrated,with general business, and'medium high . to, high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly ;urban !city,eerrter. The purpose behind applying fora rezoning�ofthe parcels is to,create,eoherency between the underlying parcels and the City's plans as well as adding value toahe parcels and the area. if you would like to discuss the proposed project before the meeting or are unable to attend please feel free to send an email to 2.5stmeridian(@gmail.com Regards, Jon :Hoeger Broadbent Croup, LLC 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 Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 ww.merid;ancitv.oreiplannin¢ ADA COUNTY STREET NAME REVIEW Preliminary Plat nX Review Date. 04//04/2017 Final Plat Project Name: Townhomes Off Main Subdivision T/R/S 3N 1E 07 S1107223070;S1107223065;S1107223080;S1107223082;S1107223085; Parcel Number(s): S1107223090; S1107223100; S1107223125; S1107223150; S1107223160 Project/Plat Applicant: Inflection Development LLC Phone No: 208-447-9114 City/County Agency: Meridian THE FOLLOWING EXISTING STREET NAMES SHALL APPEAR ON PLAT NE 2 1/2 ST Proposed Street Names: 1 E BADLEY LANE (PVT) 2 E GRUBER LANE (PVT) 3 N GUNSLINGER LANE (PVT) 4 N WHITECUFFS LANE (PVT) 6 7 E BADLEY AVE E GRUBER AVE °' a v N O N a, U i v a v Q = °' � a, vm Comments � i X B Aligns with Elm, too far from Gruber B Aligns with Gladewater B Aligns with Iberis PLEASE MAKE THE FOLLOWING CHANGES OR CORRECTIONS Existing street E 2 1/2 ST should be NE 2 1/2 ST on the plat Existing street GRUBER AVE should be E GRUBER AVE on the plat Please replace E GRUBER LANE (PVT) with E ELM LANE (PVT) Please replace N GUNSLINGER LANE (PVT) with N GLADEWATER LANE (PVT) Please replace N WHITECUFFS LANE (PVT) with N IBERIS LANE (PVT) NOTE: If there are corrections and changes recommended, please make these changes on the subdivision plat and resubmit to the Ada County Assessor. A final review with no changes required and the matching plat must be presented to the Ada County Surveyor at time of recording. 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 The 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. Page 1 of 1 STREET NAME REVIEW APPLICATION 1 Please attach a legible copy of plat or site plan with the application and submit directly to: Ada County Assessor -190 E. Front Street, Boise, ID 83702, Email: Streetnamemail@adaweb.net Applications will be reviewed in the order in which they are received Application Date 4/4/2017 Review Needed By I Owner Project/Subdivision Name Townhomes Off Main Subdivision Preliminary Plat e✓ Final Plat Type Of Dwell ing(s)/Structure(s) Proposed Single Family 21 Multi -Family Other I'm Applying To: Name New Public or Private Street(s) El Change Existing Street Name Existing Street Name Number Of New Public Streets Proposed 14 Number Of Private/Changed Streets Proposed (Please Attach Plat/Plan) (Please Attach Plat/Plan) Private/Changed Street Names Choices 1st Choice 2nd Choice FW er Ln if req'd Old Town Ln (Drive aisle A)-W GrubW Badley Ln (Drive aisle B) 3rd Choice 4th Choice N Gunslinger Ln (Drive aisle C) N Whitecuffs Ln (Drive aisle D) Applicant Information Company/Firm Name: Inflection Development LLC Applicant Type: Architect Developer Engineer P & Z Dept. Contractor Owner Agent/Contact Name: Bill Truax Phone: 208-447-9114 Email: truaxbill@gmail.com Subject Property Information Township Range Section Location/Street Address 1349 NE 2 And A Half St - 1345 NE 2 And A Half St, Meridian, ID 3N 1 E Parcel Number(s) S1107223070;S1107223065;S1107223080;S1107223082;S1107223085;S1107223090;S1107223100;S1107223125S1107223150;S1107223160 Owner Information Same As Applicant? No ❑✓ Yes Owner Name/Company I Meridian Fairview LLC/Broadbent Ventures LLC Phone 208-407-9546 Address 16149 N Meeker PI, Ste 110 City I Boise State ID Zip 83713 Street name reviews will be completed within 2 to 3 weeks of receipt of application. Completed reviews will be uploaded to the following Ada County Assessor link: Ada County Assessor -190 E. Front St., Suite 107, Boise, ID 83702 - Phone: 208-287-7273 a' E Willow BroOK Drive r f� Avenue? ^ N Arrow ;N Cougar�Way - NAWoodford I '-� J Wood! V "; N hill a# r�MF M Avenue f j N Lot" Avenues ater E Elbridge Avenu r e7'- W I d } ��i E Elbriidge ,Street, Will 7 Street Drive i *'-.��. - I�_'", ;%• r tip: _.� - - 7 r ` 1 ', ; P E'Bartiara.Drive Carmel Drive !. '' f / �y. r Q y ( i ti rr A�Ot�Je. I . ' �O N James, '� w �Cfrcle j m 21) .'•' " ` !I E Barbara Drive l r . ri - v eS 00 :3N IVV j 'I Alt E'Fairview'Avenue W Cherry Lane •`..:. s,.=. t -'' -�'�I _ i � fl. ;i ,, +"� rp r° it :rye I c -- 0 1 9 s r y`n +�. Ah c���111111 ,� AL , zr� ' I i g w EGruberAvenue ••� .,y �, a Section:;/ W Elm Avenue _ ii ar t nd dam' i } E Badley Avenue r f -- __- `; T —� _� '_ .-_ _ _ _.� - r---- m '.. - - - � i .fie _ ,..�...�-_• I W Maple y,a i' jam- �� M Avenue : w _ • _., .t _ � ems, WCherry Avenue This map s made from data mpyr®hted ADA COUNTY ASSESSOR Land RecordsDNsbn 1 inch = 300 feet County.Pda County shall not be liade for (r Geographic Information Systems inaccuracies a misuse of this map. Maps _ 190 E. Front Street, Ste. 107 bearing this disciatmer may be photocopied freeN. Boise. ID 83702 However, use in any digital form requires the written permssion of Ada County. O WP(Ib0? i016 CNL 511E MiIXs liL MS INSRdINiM 6 ME PROPERTY Oi O18 91E xOP%S LLL Hff ftEPRWIK110N. RflISE. Oi u00iiiGllON K M6 INSIRIIUEnI OR RS C4Y1FHI5 MXOUI EYPRE55 MiIiEN fFA�[SSgY OF Q.sl 91E OOIUtS LLL 6 SItOCR.Y PflOtc91FD. %"E" B'53 E 245.70' _ - - n.m _ -u� - ._ _-_ __ -__ER �xiirTHzsu— ----- $ --- --- s f--s-------—IGNS WITH 5Z LISLADEWATERz 0 -v t IBERIS 14 " a sxsr I I -4 m m I suc szsv I I O LA r 14a ssse' I I OZ m3 9Wm ->Zn 14 Z .n A ipDa z aF0 ° =XI9 1!1 10z rrDT W An n It - v I I 33 szso' p l i I I — — -- a® $ e� gxsa asxso• i I I �� HOULDBE I 1 nro � I 11 I 1 E. GRUBER LANE B a I I I•'-i1i (PRIVAT LIGNS Eq I j TH ELM __-1_ I I - -------F---------- xsv Q� I I I O 1 s�o 1 I 4 s1m sLw• I 1 I BQ B =® I g0 I$ I 9 a ssia• a I I �� 6 1 a 1zm' sxsr ' sxse• r® a2 n� ImC E BADLEY LANE nm (PRIVATE) _—__—__—__—__— A €a $ U 5>� U q - szsr a I $® B ' B 14 II sxsr szso' azb Sxw' $® qzv --- - - —� - -- - - 589,7. 11-W 192.91' s �tlO I 1 I I I IZ P N = S es s g ,9 s'sB o 3 E. BADLEY AVENUE (PUBLIC) sF 9A 9� Y 3 3 n _ OPlJ41Y001 O IL TOWNHOMES OFF MAIN SUBDIVISION � A � � I ITE a n ' MERIDIAN, IDAHO aP so P n 4 QRKS 2� 5 a LOT DIMENSIONS ^� From: Don Watts To: Street NameMail; Joshua Saak; Kenny Bowers ; Ross Oven; Terri Ricks; Travis Tyson Subject: RE: Townhomes Off Main Sub Street Name Review Date: Wednesday, April 05, 2017 4:33:43 PM Approved Don Watts Land Records Supervisor Ada County Assessor's Office ' - igo E. Front St., Boise, ID 83702 _ (208) 287-7267 dwatts@adaweb.net From: Amanda Morse On Behalf Of Street NameMail Sent: Wednesday, April 05, 2017 11:40 AM To: Don Watts; Joshua Saak; Kenny Bowers ; Ross Oyen; Terri Ricks; Travis Tyson Subject: Townhomes Off Main Sub Street Name Review Greetings, The Ada County Assessor is reviewing the subject project for street naming purposes. Please reply II with an email of your approval, denial or any comments within 10 business days of the transmittal date. If no response is received, it will be considered there is no objection to the recommendations made in the street name review. Thank you, Amanda Morse GIS Technician Ada County Assessor's Office 190 E Front St, Ste 107 Boise, ID 83702 (208)287-7273 agmorse(@adaweb.net From: Travis Tvson To: Street NameMail; Don Watts; Joshua Saak; Kenny Bowers ;Roy Ov n; Terri Ri kc Subject: RE: Townhomes Off Main Sub Street Name Review Date: Wednesday, April 05, 2017 2:56:04 PM Attachments: image001. _ Approved. Please let me know if you have any questions. Have a great day! Travis Tyson 911 GIS Analyst 208.577.3613 ttyson(@adaweb net www adasheriff.Ore r. ADA COUiITY SHERIFFS OFFICE r From: Terri Ricks To: Street NameMail; Don Joshua Saak Kenny Bowers; R e ;Travis Tvson Subject: [EXTERNAL] RE: Townhomes Off Main Sub Street Name Review Date: Thursday, April 06, 2017 1:10:02 PM Approved. From, Kenny Bowers To: Street N� am -Ud; Don ; oshua Saak; Ross Oven; Terri giks; Travis Tvson Subject: [EXTERNAL] RE: Townhomes Off Main Sub Street Name Review Date: Thursday, April 06, 2017 3:41:56 PM OI< STREET NAME REVIEW APPLICATION (l Please attach a legible copy of plat or site plan with the application and submit directly to: Ada County Assessor -190 E. Front Street, Boise, ID 83702, Email: Streetnamemail@adaweb.net Applications will be reviewed in the order in which they are received Application Date 4/4/2017 Review Needed By owner Project/Subdivision Name Townhomes Off Main Subdivision Preliminary Plat �✓ Final Plat Type Of Dwellings)/Structure(s) Proposed Single Family ❑ Multi -Family ❑ Other El I'm Applying To: ❑Name New Public or Private Street(s) ❑ Change Existing Street Name Existing Street Name Number Of New Public Streets Proposed 4 Number Of Private/Changed Streets Proposed (Please Attach Plat/Plan) (Please Attach Plat/Plan) Private/Changed Street Names Choices 1st Choice 2nd Choice W old Town Ln (Drive aisle A)-W Gruber Ln if req'd W Badley Ln (Drive aisle B) 3rd Choice 4th Choice N Gunslinger Ln (Drive aisle C) N Whitecuffs Ln (Drive aisle D) Applicant Information Company/Firm Name: Inflection Development LLC Applicant Type: Architect Developer Engineer P❑& Z Dept. Contractor Owner ❑✓ ❑ Agent/Contact Name: Bill Truax Phone: 208 447-9114 Email: truaxbill@gmail.com Subject Property Information Township Range Section Location/Street Address 1349 NE 2 And A Half St - 1345 NE 2 And A Half St, Meridian, ID 3N 1 E Parcel Number(s) I S1107223070;S1107223065;S1107223080;S1107223082;S1107223085;S1107223090;S1107223100;S1107223125S1107223150;S1107223160 Owner Information Same As Applicant? No ❑✓ Yes ❑ Owner Name/Company Meridian Fairview LLC/Broadbent Ventures LLC Phone 208-407-9546 city Boise State ID Zip 83713 Address 6149 N Meeker PI, Ste 110 Y Street name reviews will be completed within 2 to 3 weeks of receipt of application. Completed reviews will be uploaded to the following Ada County Assessor link: Ada County Assessor -190 E. Front St., Suite 107, Boise, ID 83702 - Phone: 208-287-7273 c i i AL 91E R04K5 LLC MS INSRd+uIXt K ilE PRtlRAIY Oi tlN. 91E IIORRS LLL AYY REPROIXICROR, REUY, OR MfAiiGTCR Of M6 INSIRWOrt OR RS fAYtFlI(5 RIMWI FYPRE55 RWTRN FEF6SS4i OF fM 91E RCbtS LLC 6 SIRCRY PRgISifD. I I__________ GRUBER AVENUE ----Y------- ------ u.— I I I: sse€gg O n `I q q tl I g o W Old T—. L. (W Gmber Ln ilreyuircd hT Ali eht St -dank) j R 6 n DRIVEAISLEA �QQ I a G �a 4 g I q� tl tl I 1 •� I 2 is R 'I I C wo tl I q 1 1 _ I I i ga 'se I KWC'X\ M, I I � I q tl I i j 4 I I I � ____—_---__—_ 1 '---"---I--- I DRIVE AISLE I 1 I E QADLEY AVENUE �O I I tl I I I I � •I I i g a I g- �•� I I I I I I------------� 1 ----------------------- I I I I 'i iI I i N L I fi a 2.5 STREET SUBDIVISION a IviL 0 MERIDIAN, IDAHO1-7NORKS r r r r a CONCEPTUAL SITE PLAN Parametrix ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES 7761 W RIVERSIDE DRIVE, SUITE 201 1 BOISE, ID 83714 December 20, 2016 Broadbent Ventures, LLC NE 2 % Street Meridian Rezone Description Project No. 317-7840-001 REZONE P 208.898,0012 A parcel of land situated in the Northwest One Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 7, thence following the northerly line of said Section 7, North 88°00 42 East a distance of 1,084.73 feet to a point on the centerline of NE 2 % Street; Thence following said centerline, South 0°06'40" East a distance of 631.54 feet to the point being the POINT OF BEGINNING. Thence following said centerline, South 0°06'40" East a distance of 482.18 feet; Thence leaving said centerline line, South 89°27'35" West a distance of 217.91 feet; Thence South 0'05'36" East a distance of 56.74 feet; Thence South 89°14'35" West a distance of 53.26 feet; Thence North 0'03'30" West a distance of 538.43 feet; Thence North 89°18'53" East a distance of 270.70 feet to the POINT OF BEGINNING. The above -described description is intended for rezone purposes only and is not intended to be used for transfer of title or any other use. The above -described rezone description contains 3.07 acres, more or less. ,� LA CM 1s• n�qT£ 0f \�PC�� - 41L H lz.2_'o- ° EXHIBIT MAP IRRIGATION EASEMENT SECTION 7, TOWNSHIP 3 N, RANGE 1 E, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 2016 �l� 1084.73' NW CORNER--/ SECTION 7 A 0 N 1 oo, 1"=100' PROJECT: NE 2 1/2 STREET MERIDIAN REZONE EXHIBIT DATE: DECEMBER 20, 2016 N88'00'42"E 2404.72' AV I _ - 1319.99' - I - N 1 /4 CORNER SECTION 7 M E GRUBER AVE E BADLEY AVE L EN (-1 4216 10114 qTF OF Hq EL H !Z 2A • 2c-'V (o P a Gp a f't et of y ENGINEERING . PLANNING . ENVIRONMENTAL SCIENCES 7761 W RIVERSIDE DRIVE, SUITE 201 1 BOISE,ID 83714 P 208.898.0012 WWW.PARAMETRIX.COM Rezone Description 112/20/2016 01 sou.06oe4nz1u 02s89.2735w217.91 V3um,o1aso5O,74 |cwoon.1mmwoo.z* |usnoo.on30w000.*x o ao SNOISN3WI0101 " e 5)/doO1H.- OHtl01 'NVIOIN3W e NOISIA108f1S Nlb W Jj0 S3WOHNMOl = U 1� d �. _b J i •. .9LYS M_.Sf.fL695 I I hg j l 'I 12s >I £I OR .16761 M.SUL685 I I ---- �- 1 pszp mz� 1 I �66 ua-do-uou I .oas mzs I - SSS 11 " e $ I I p Q c II _— _— _—__—__ O8 tl I mzs o a � mzs 1 po=� n � ppX I m, qq ¢£J WY¢ pp e s I i I I pa 3nN3Atl Auave,3 pc's _ ' __—____—__—__—__—__—__ __ _ I$Ll_ ____ _ I t_—_—�_—__— � (31tlAlHd) I R r I 3NVn A3nOVH'3 i t I I tw SAR9 � � � mx $ OP5 -0ry,9 I ,mod $ mu 241 I I I I I 4 - o Bp$ mzs mzs 1 I I tw • 3 .9 W '= I III $ I mzs I P^ I I �I:I mzs " Q§ pczs R I I Q e R �' 181 8 .as-xs I S Q8 I I Fu§ y 11 ------ € E — — oon oon p�^ I I gi Og I Qo R 0^ I I I I I I I I is I I I mx I I All l° I a ^ 3NV1 MsnNh 73 1 a I I I I I mzs I pszs 8 ^ $ e O1 ¢ I pas I W P W W yl z oar .00s I xY mzs I I 0 w I I W w mzs O= Z 8 I I m P z � LL In N ©`g t Q 'I ® r GZ= z O » mzs xn 3 ..] r a = 1 pszc z ae 1 Q 000 9 K 1 1 1 P — IZ >. p ^p Izd I 2 K- n a— — Q N N O xv ca-ao-ma z N H oov mos ^ mzi �0zg� m,I6 W LU 0 a -_ -- unena) I ---------? —1-- L_-_-_-_-___� 3nN3Atl N3HnH0 .io - — O I $ 'OL�9xrotld AL]Yli 9 Tl SMMN 3115 TN] d0 tA90tOa H3xltl� 553k➢[3 xxNlluu SIN3IMN 511 tl0 lx3rlltll4n SaLL d0 xOLLY.lSWO tl0 '3913H T+auxwOnd3a Ilry ']ll SRNW 3u5 lNJ f0 AIa3d0ild 3w 9 l!!f1(IW4n SfLL ']TI $�ICUM 3115 Nx] 91(w IH'ltlMO] O NVId ullnniis AWNIWll31ld 0OHVCII'NVICIIa3W �oanYNOISIAI081S NIVW 330 S3WOHNM013S)RO71z ° eag rU 'OWH8 d AL]'Ll5 9 " $MAY 3 T � HPS9 d HLiYW SSIIldcl iM�llY 5�N3Ut6] 5ll MO lt(9Nn19�'1 ALL d0 Y4LY]LSWY� YU 'bllM � � 1W'/ 5 1 315 V�� F�x3d0� TLL 9 INNY�9a 5� � 5YtH1Y 3U5 TM 9lK d�9VYeOd O S31130bd b3M35 AIIVNIW11321d 0 SY?JO ��g & o ' OHVOI'NVIOIa3W =s 71� j og > NOISIn1OonS NIVW 330 S3WOHNMOI U W w O W O rc NI '939BH9tld AL3L19 9 9T Sxe19tl 395 l�M � IgS9nLLM H3WYx 52"Y31A[3 ll%blllu 91n31lW SU � Ix3n99L5hv Selz � Ng1VHE90n � '35 In YA�%�OONa3tl Yn ']T SwWM L5 lN9 l0 ♦IL3d9tld LLL 9 1x3n11tl1S9 SfLL '9i1 9atl9M 395 Y f! 919E 91'Y#WO] O ELF° So u< °. g S O to •�� ��: r `Qn�� �S � 0114e71ve1pl,eWto NIHW d=O 63WOHNMO-L e p w u1i e ° az y@§ 5 3 N• gaa. e I I �b > I o=lu I En s IOU - •� i n< - 4 � • s i e 4v',�5�•g':Ek =------------- ----- e: 'r. F•rSF e 6 w Rp bns � 5 �+ go °3 3 •€$�` � } 133T71� _ �_ 'i a' •o na 8 C e rs� Sig§•-ogaby9 so' os $' Sa3?a»3 i io __ ;•E =$BE;S§ os s3:=a� 8ss $• fo=Eg3�s`.� g i ei.e, lE �< �a5 _—________ ____� O g gss s 4 oig..s Q•iavy=.§32 3ssys �'-83✓gi•a03'-•o�P:ko 2�y``jY OVOtl HVI41M3W N. •_ —u o'� g ;$ nsa;a�asgfssa y:a�:.y.§g$Qzsa;:ygv�e°s � �t�f � qjj 3 a 3 s' e C _° g. g3.3�o •`_ .• Z`3 HH,Hol `5 s' ha 2; 0 3 5 3 0 =9'• �P $'•$e g ss ir`=; °-� 5° �sil a� y;s esyss t�'$ os3 �s:;;5 �Y.y����$$e fl'3 " ; f ga a� cE�n 3 SY� °•2s gs Me'11�a s s s3=o` v"•.=sW"Hi - — 11 1�1= °s•oYEs eOsa.o�+ �sg e,_3:'as88a.3.s° <3.sz x as � x ^E�e<s_sa3�s< _ i neZ lilt uh.. qua., sea '8";: 95 H n Sn M base o S°. 3 II— IF sa% s s .n�gy$� 5f<<y ' § a yo$S�,f s=� �so:� �$ � € 9 :Y cv II --I IFS ogsgsk�p��6€ $€� QgLY - s• ga3 SE'.8:°` a�°?F- kSC �a�3Y$ =•:gv _a � gy•i S.� S � a gk b-n'"•.. 3` $� - ;: � 5 � Sit,=e°� og �I�I I� .s�s,f;ssys$B§o'b=•�n"�i :E;g" vase 2h1111 .Eg�oos6� M.5- gE7^k;N. �L 6Y ° glb-- zM gg8:7sx g ' Lu g u g » o a N g M! 3 a� �B �? �3g2 . g• Nss sus so "ee aS$x =°5 •=a 3 =e a= 543 3y a I —I F $ S 'a a S $S q�3 : 45si `089 5 g "5" 3E s`o g"M N i §s •9osgo i ?:*s` s•SS oa^s P se 3 >3 Q w q N ss2--a � gssg = �.r:�•3.a-t� sy`gy8 _ V e�� 9-t •s EHSey 2o=�g�e-°�$• LASS g: a°»`•=9•� •~o��<� � �•� z` YS� w a a4�gs9f"-`gea=' ` us a3:^le�• :: �@... s��a $��'< E e�c:t t s2ogg ° m 66n o n n n• i < _ p J�= rf °uQii yi F`` P•... 4; y{ - xo x•r oe �o <>r .�03� _� d g 3 NIVN -Ad0 B�IWOHNMOI -------------------------I- I- i o �° °a ! I �' la - I Ca' ° as . � • I ,� o • a I I I— I L------------------------- -- • g = Y IN �• �" �66"{E{{ � � "a� }{�' •i =- ¢=SAS �: �� �pp� ¢ _'� ti. i FiOji l�5!� Cn 3a 3t 8F b Sh : €�zjp i? Cn? iw i AAA i, $� ti Q �� 0G)e oo€ oc ee00000 • ee o 8; 1 £I P. S PIP, SH P is y7 PiKBe s$ {gYg2 �3 "° �8 «< °� �$_so� fo,...•.. o� � oyvivominw ¢ °S a ry �� •y �; `��:� •°s° �'� ° _ `= NI�W ��O 53WOHNM01 _ J —1----------------------I- 1 1 �In n�m _olo� olo JIJ JIJ 1 ; � - �, •—S S =. �a�a � I j3El�aCa Sy �' a ��al. � •a• '-alLI I 9 $ I a C1 C s.I s p. ®®° -0 I �: I i.;y ^y 9y Ira -a C a a Fa m ce o I § - ca °• Iyi 1 Cs�o `a I I ry J� JIJ I I 1----------------------If US — 8 ! • g- i i- i i a i- i i i i i i i 3 i � a � ` i! 3 � $ s $ � t � E 4 • O�oO� OC)®OOQO€3p009O0000 o S Hi ]o �$7 S 3 �3 7 � 2 § � � ! ___ • R• t m . § §� � & /§( ) ! &¥w-Ag0gQw0HNN0± q) , § &r 2; !| r z I !/; !: � � i � � � , !i 3� ! � ; ' 22---------------------------J ° K¥wgao s HOHNv01 £®� § ~� ® - |4 t | k ■ Z \d @�§! �§ ' ! - = _ SO( � a . �§; § § m k °a �§§ , | , M ) §§nh| 2 §§.Qew 2 m • ■.:,.1.... � ? I , !,|, . From: caraham(Ekswenaineerina corn To: Bill Trua Subject: FW: Meeting Request -2.5 Street Subdivision Meridian Date: Monday, January 16, 2017 5:34:57 PM Bill, See below from ACHD. This seems like pretty standard requirements. I will look at the drainage also once I get into the site plan. Do you still want to meet with ACHD for this site? Thanks, Corinne Graham, PE Civil Site Works LLC 333 W. Rossi Street, Suite 300 Boise, ID 83706 (208) 946-3874 cgraham@cswengineering.com From: Austin Miller Sent: Monday, January 16, 2017 2:48 PM To: 'cgrahaml@cswengineerine.com' Cc: Dawn Battles Subject: RE: Meeting Request -2.5 Street Subdivision Meridian Hi Corinne, Did you have any specific questions or a concept you would like us to provide comments on? If you are just looking for information on 2% Street, we would require it to be improved as % of a 36- foot street section. The pavement appears to be the adequate width, so there should be little pavement widening required, if any. Expect primarily curb, gutter and sidewalk. Essentially match what the Cole Valley Christian School did further down the road. We already have the necessary right-of-way, and the only driveway restriction we have is 75-feet from Badley and Gruber (measured centerline -to -centerline) if not aligned. Thank you, Austin Miller Ada County Highway District Planner I, Development Services 3775 Adams Street, Garden City, ID 83714 Phone: (208) 387-6335 E-mail: Amilleri@achdidaho.org �B From: caraham(a)cswenciineering.com[maiIto: cgraham(a)cswengineering com] Sent: Friday, January 13, 2017 12:48 PM To: Christy Little Cc: Bill Truax Subject: Meeting Request -2.5 Street Subdivision Meridian Hi Christy, Bill Truax and I would like to meet with you regarding a proposed subdivision in Meridian. I've attached an aerial of the project site. I am working on a concept plan. We are curious about required improvements on 2.5 Street. Do you have time to meet next week anytime Monday -Wednesday? Thanks, Corinne Graham, PE Civil Site Works LLC 333 W. Rossi Street, Suite 300 Boise, ID 83706 (208) 946-3874 cgrahamC@cswengineering.com MATERIALS r ` TESTI NG & INSPECTION ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections GEOTECHNICAL ENGINEERING REPORT Of Townhomes off Main Subdivision 2 1/2 Street & Gruber Avenue Meridian, ID Prepared for: Inflection Development, LLC 2832 South Portside Avenue Boise, ID 83706 MT1 File Number B170S2Sg 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www,mti-id.com • mti(qmti-id.com Ar MATERIALS r TESTI NG & INSPECTION 26 April 2017 Page 4 1 of 26 b170525g_gc0tcc11 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Mr. Bill Truax Inflection Development, LLC 2832 South Portside Avenue Boise, ID 83706 208-447-9114 Re: Geotechnical Engineering Report Townhomes off Main Subdivision 2 1/2 Street & Gruber Avenue Meridian, ID Dear Mr. Truax; In compliance with your instructions, MTI has conducted a soils exploration and foundation evaluation for the above referenced development. Fieldwork for this investigation was conducted on 19 April 2017. Data have been analyzed to evaluate pertinent geotechnical conditions. Results of this investigation, together with our recommendations, are to be found in the following report. We have provided a PDF copy for your review and distribution. Often, questions arise concerning soil conditions because of design and construction details that occur on a project. MTI would be pleased to continue our role as geotechnical engineers during project implementation. Additionally, MTI can provide materials testing and special inspection services during construction of this project. If you will advise us of the appropriate time to discuss these engineering services, we will meet with you at your convenience. MTI appreciates this opportunity to be of service to you and looks forward to working with you in the future. If you have questions, please call (208) 376-4748. Respectfully Submitted, Materials Testing & Inspection, Inc. -!� Clint Wyllie, G.I.T. Staff Geologist Reviewed by: I✓Itzabeth Brown, P Geotechnical Servil NAL F� 14898 � s 2791 S Victory View Way • Boise, ID 83709 • (208) 376A748 • Fax (208) 322-6515 www mti-id.com • mtiQmti-id.com MATERIALS TESTING fr INSPECTION 26 April 2017 Page # 2 of 26 b170525g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections TABLE OF CONTENTS INTRODUCTION...............................................................................................................................................................3 ProjectDescription.................................................................................................................................................3 Authorization..........................................................................................................................................................3 Purpose...................................................................................................................................................................3 Scopeof Investigation....................................................................................................................""....................4 Warrantyand Limiting Conditions.........................................................................................................................4 SITEDESCRIPTION..........................................................................................................................................................5 SiteAccess..............................................................................................................................................................5 Rcgior�al Ecology . ............................................. .................., GeneralSite Characteristics....................................................................................................................................6 .............................................................. Regional Site Climatology and Geochemistry6 Geoseismic Setting6 SOILSEXPLORATION...................................................................................................................................................... Exploration and Sampling Procedures.....................................................................................................................6 LaboratoryTesting Program...................................................................................................................................7 Soiland Sediment Profile.......................................................................................................................................7 VolatileOrganic Scan.............................................................................................................................................8 SITEHYDROLOGY...........................................................................................................................................................8 Groundwater...........................................................................................................................................................8 SoilInfiltration Rates..............................................................................................................................................8 FOUNDATION, SLAB, AND PAVEMENT DISCUSSION AND RECOMMENDATIONS...............................................................9 Foundation Design Recommendations...................................................................................................................9 FloorSlab-on-Grade.............................................................................................................................................11 Recommended Pavement Sections....................................................................................................................... FlexiblePavement Section...................................................................................................................................11 PavementSubgrade Preparation........................................................................................................................... _ Common Pavement Section Construction Issues..................................................................................................12 CONSTRUCTION CONSIDERATIONS...............................................................................................................................12 Earthwork.............................................................................................................................................................13 DryWeather.........................................................................................................................................................13 WetWeather.........................................................................................................................................................13 SoftSubgrade Soils..............................................................................................................................................14 FrozenSubgrade Soils..........................................................................................................................................14 StructuralFill........................................................................................................................................................15 Backfillof Walls...................................................................................................................................................15 Excavations...........................................................................................................................................................16 GroundwaterControl............................................................................................................................................16 GENERALCOMMENTS..................................................................................................................................................17 REFERENCES ................................... ................................. ........ ..................................... ................................................1`8 119 APPENDICES AcronymList........................................................................................................................................................29 GeotechnicalGeneral Notes................................................................................................................................. rtGeo+eochnical investigation, TesDaas TiOp.T•••.............•"""........................................................................................ <.. AASHTO Pavement Thickness Design Procedures.............................................................................................24 Plate 1: Vicinity Ma .................. 25 Plate2: Site Map.................................................................................................................... 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Coppghtei2017 P.,nceHais www.mti-id.com • mti(&mti-id.eom Testing& Wpec6un, Inc. M ATE ICI ALS TESTI NG & INSPECTION 26 April 2017 Page # 3 of 26 b170525g_geoteeh ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections INTRODUCTION This report presents results of a geotechnical investigation and analysis in support of data utilized in design of structures as defined in the 2012 International Building Code (IBC). Information in support of groundwater and stormwater issues pertinent to the practice of Civil Engineering is included. Observations and recommendations relevant. to the, earthwork. phase of the project are also• presented. Revisions in plans or drawings for the proposed development from those enumerated im,this report shoutd be brought to.the attention of the soils engineer to determine whether changes in the provided recommendations are required. Deviations from noted subsurface conditions, if encountered during construction, should also be brought to the attention of the soils engineer. Project Description The proposed development is in the central portion of the -City .of Meridian, Ada County, ID_, and .occupies a portion of the NW1/4NW'/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian. This project will consist of construction of -two and -three story townhouse -structures, to be developed on 2.8 acres. Total settlements are limited to 1 inch. Loads of up to 4,000 pounds per lineal loot for wall footings, and column loads of up to 50,000 pounds were assumed for settlement calculations. Additionally, assumptions have been made for traffic loading of pavements. Retaining walls are not anticipated. MTI has not been informed of the proposed grading plan. Authorization Authorization to perfnrm this exploration and analysis was given in the form of a written authorization to proceed from Mr. Bill Truax of Inflection Development, LLC to Clint Wyllie of Materials Testing and Inspection, Inc. (MTI), on 25 April 2017. Said authorization is subject to terms, conditions, and limitations described in the Professional Services Contract entered into between Inflection Development, LLC and MTI. Our scope of services for the proposed development has been.provided in our proposal dated 6 April 2,017 and repeatedbelow. Purpose The purpose of this Geotechnical Engineering Report is to determine various soil profile components and their engineering characteristics for use by either design engineers or architects in: • Preparing or verifying suitability offoundation-diasign and-plaeernent • Preparing site drainage designs • indicating issues pertaining to earthwork construction • Preparing residential roadway pavement section design requirements 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Copyright 1) 2017 Materiels www.mti-id.com • mtiCalImti-id.com Testlng& lnspecfion, In.. MATCRIALS "I"ESTI NG & INSPECTION 26 April 2017 Page # 4 of 26 b170525g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑Special Inspections Scope of Investigation The scope of this investigation included review of geologic literature and existing available geotechnical studies of the area, visual site reconnaissance of the immediate site, subsurface exploration of the site, field and laboratory testing of materials collected, and engineering analysis and evaluation of foundation materials. The scope of work did not include design recommendations specific to individual structures. Warranty and Limiting Conditions MTl warrants that findings and conclusions contained herein have been formulated in accordance with generally accepted professional engineering practice in the fields of foundation engineering, soil mechanics, and engineering geology only for the site and project described in this report. These engineering methods have been developed to provide the client with information regarding apparent or potential engineering conditions relating to the site within the scope cited`above and are -necessarily limited to conditions observed at the time of the site visit and research. Field observations and research reported herein are considered sufficient in detail and scope to form a reasonable basis for the purposes -cited above. Exclusive Use This report was prepared for exclusive use of the property owner(s), at the time of the report, and their retained design consultants ("Client"). Conclusions and recommendations presented in this report are based on the agreed upon scope -of work outlined 'in this report together=with the Contract for'Professional Services between the Client and Materials Testing and Inspection, Inc. ("Consultant"). Use or misuse of this report, or reliance upon findings. hereof, by _parties other than the Client is attheir-ownrisk. Neither Client nor Consultant male retnresentation of warranty to such other parties as to accuracy or completeness of this report or suitability of its use by such other parties for purposes whatsoever, known or unknown, to Client or Consultant. Neither Client nor Consultant shall have liability to indemnify or hold harmless third parties for losses incurred by actual or purported use or misuse of this report. No other warranties are implied or expressed. Report Recommendations are Limited and Subiect to Misinterpretation There is a distinct possibility that conditions may exist that could not be identified within. the scope. of the investigation or that were not apparent during Qiir site inva.etigation. Findinge of this report are limited to data collected from noted explorations advanced and do not account for unidentified fill zones, unsuitable soil types or conditions, and variability in soil moisture and groundwater conditions. To avoid possible misinterpretations of findings, conclusions, and implications of this report, MTI should be retained to explain the report contents to-other,design professionals as well as -construction professionals. Since actual subsurface conditions .on the .site ran .only .be verified by _earthwork, note that construction recommendations are based on general assumptions from selective observations and selective field exploratory sampling. Upon commencement of construction, such conditions may be identified that require corrective actions, and these required corrective actions may impact the project budget. Therefore, construction recommendations in this report should be considered preliminary, and -MT] should be retainedto observe actual subsurface conditions during. earthwork construction activities to provide additional construction recommendations as needed. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 Fax (208) 322-6515 Copyright 02017 Materials www.mti-id.com • mtiAmti-id.com Te frog& Inspection, Inc. MATERIALS %1�3 - TEST[ NG & so INSPECTION 26 April 2017 Page # 5 of 26 b170525g_geotech Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑Special Inspections Since geotechnical reports are subject to misinterpretation, do not separate the soil logs from the report. Rather, provide a copy of, or authorize for their use, the complete report to other design professionals or contractors. Locations of exploratory sites referenced within this report should be considered approximate locations only. For more accurate locations, services of a professional land surveyor are recommended. This report is also limited to information available at the time it was prepared. In the event additional information is provided to, MT1 following publication: of ' our report, it will be forwarded to- the client for evaluation in the form_ received. Environmental Concerns ditions or observations, including soil appearances and Comments in this report concerning either onsite con odors, are provided as general information. These comments are not intended to describe, quantify, or evaluate environmental concerns or situations. Sincepersonnel, skills, procedures, standards, and equipment differ, a geoteehnical investigation report is not intended to,substitute for .a geoenvironmental investigation or a Phase II/III Environmental Site Assessment. If environmental services are needed, MTI can provide, via a separate contract, those personnel who are trained to investigate and delineate soil and water contamination. SITE DESCRIPTION Site Access Access to the site may be gained via Interstate $4 to the Meridian Road exit. Proceed north on Meridian Road approximately 015 mile and veer northeast onto Main Street. Continue north on Main Street roughly 0.7 mile and take a slight turn to the northwest on Meridian Road. Travel north on Meridian Road 0.55 mile to Carlton Avenue. Proceed east on Carlton Avenue 0.2 mile to 2'/2 Street. Head north on 2t/2 Street 0.25 mile to Gruber Avenue. The site occupies the southwest corner of this intersection. Presently the site exists as five previously developed residential lots. The location is depicted on site map plates included in the Appendix. Regional Creology The project site is located within the western Snake River Plain of southwestern Idaho and eastern Oregon. The plain is a northwest trending rift basin, about 45 miles wide and 200 miles long, that developed about 14 million years ago (Ma) and has since been occupied sporadically by large inland lakes. Geologic materials found within and along the plain's margins reflect volcanic and fluvial/lacustrine sedimentary processes that have led to an accumulation of approximately r to 2 km of interbedded volcanic and sedimentary deposits within the plain. Along the margins of the plain, streams that drained the highlands to the north and south provided coarse to fine-grained sediments eroded from granitic and volcanic rocks, respectively. About 2 million years ago the last of the lakes was drained and since that time fluvial erosion and deposition has dominated the evolution of the landscape. The project site is underlain by the "Gravel of Whitney Terrace" as mapped by Othberg and Stanford (1993). Sediments of the Whitney terrace consist of sandy pebble and cobble gravel. The Whitney terrace is the second terrace above modern Boise River floodplain, is thickest toward its eastern extent, and is -mantled with 2-6 -feet-of-loess. 2791 S Victory View Way • Boise, ID 83709 (208) 376-4748 • Fax (208) 322-6515 CoppghtO 2017 Materials www.mti-id.eom mt1@mti-id.e0m T-b.9 & Inspecfiun, Inc. nna-rERoals TESTING 6 INSPECTION 26 April 2017 Page # 6 of 26 b170525g geotech 0 Environmental Services a Geotechnical Engineering ❑ Construction Materials Testing U Special Inspections General Site Characteristics This proposed development consists of approximately 2.8 acres of previously developed, relatively flat and level. Throughout the majority of the site, surficial materials consist of varying fill materials underlain by native lean clays with sand/silty sands. Vegetation primarily consists of mature trees, bunchgrass, and other native .grass varieties typical of and to semi -arid environments. Currently, there are two residential structures with .associated outbuildings on the ,project site. .Based • on historical. aerial ,photographs of the .site, it .appears that residential structures were previously present on all 5 of the lots. T 1 1 1 1. 1 T• 11 . 1 l• 1 /' 1 Regional drainage is north and west toward the Boise River. �tormwater drainage >or the site is achieved y percolation through surficial soils. The site is situated so that it is unlikely that it will receive any stormwater drainage from off -site sources. Stormwater drainage collection and retention systems were not noted on the project site and do not currently exist within the vicinity of the project site. Regional Site Climatology and Geochemistry According to the Western Regional Climate Center, the average precipitation for the Treasure Valley is on the order of 10 to 12 inches per year, with an annual snowfall of approximately 20 inches and a range from 3 to 49 inches. The monthly mean daily temperatures range from 21°F to 95°F, with daily extremes ranging from - 257 to II I°F. Winds are generally from the northwest or southeast with an annual average wind speed of approximately 9 miles, per hour (mph) and a maximum .of 62 mph. Soils and sediments in the area are primarily derived from siliceous materials and exhibit low electro-chemical potential for corrosion of metals or concretes. -Local aggregates .are generally _appropriate for Portland zement -and .lime -cement mixtures. -Surface water, 47rrninrlwater� and chile iri the region tytnir.ally Kaye pH leyelc ran47ina from 7.2 to R 2 Geoseismic Setting Soils on site are classed as Site Class D in accordance with Chapter 20 of the American Society of Civil Engineers (ASCE) publication ASCEISEI 7-10. Structures constructed on this site should be designed per IBC requirements for such a seismic classification. Our investigation did not reveal hazards resulting from potential earthquake motions- including: slope instability,- liquefaction,. and- surface rupture caused by faulting or lateral. Spreading. Incidence and anticipated acceleration �f seismic activity in the aYea is I w. SOILS JEXPLORATION f,xpioration and'84 npling"Procedures Field exploration conducted to determine engineering characteristics of subsurface materials included a reconnaissance of the project site and investigation by test pit. Test pit sites were located in the field by means of a Global Positioning System (GPS) device and are reportedly accurate to within ten feet. Upon completion of investigation, each test pit was backfUled with, loose excavated materials. Re -excavation and compaction of these test pit areas are required prior to construction of overlying structures. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Copyright fl 2017 R4atedals www.mti-id.eom • mti(a mti-id.eom Tesgng&Inspection, Inc. MATERIALS TESTING £s INSPECTION 26 April 2017 Page # 7 of 26 b 170525"eotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections In addition, samples were obtained from representative soil strata encountered. Samples obtained have been visually classified in the field by professional staff, identified according to test pit number and depth, placed in sealed containers, and transported to our laboratory for additional testing. Subsurface materials have been described in detail on logs provided in the Appendix. Results of field and laboratory tests are also presented in the Appendix. MTI recommends that these logs not be used to estimate fill material quantities. Laboratory Testing Program Along with our field -investigation, a supplemental laboratory testing program was conducted to determine additional pertinent cnginccring charactcristics of subsurface matcrials ncccssary in an analysis of anticipatcd behavior of the proposed structures. Laboratory tests were conducted in accordance with current applicable American Society for Testing and Materials (ASTM) specifications, and results of these tests are to be found on the accompanying logs located in the Appendix. The laboratory testing program for this report included: Atterberg Li iffs Tesiing —ASTM D43 i8 and Grain, Size Analysis — ASTM CI-17/C`136. Soil and Sediment Profile The profile below represents a generalized interpretation for the project site. Note that on site soils strata, encountered between test pit locations, may vary from the individual soil profiles presented in the logs, which can be found in the Appendix. The-materials,encountered,during,e*oration were -quite typical for the geologic area mapped as Gravel of the Whitney Terrace. Surficial materials were predominately lean clay with sand and silty gravel with sand fill materials. Wood debris was noted within these fill materials. These materials were most often brown, slightly moist, and medium stiff/loose to medium dense, with fine to coarse -grained sand and fine to coarse gravel. Lean clay with sand soils were encountered beneath fill materials in test pits 1 and 2. These soils were brown, slightly moist, and stiff, with fine-grained sand. Silty sand sediments were encounwed beneath learn clay with sand soils in test pits I ands 2 and: underlying fill materials in test pit 3. These materials were generally tan to whitish or red -brown, dry to slightly moist, and dense to very dense, with fine to coarse -grained sand. Moderate to strong calcic cementation was encountered throughout this horizon. In test pit 3, a tree root zone was noted at a depth of 4.5 feet bgs. Poorly graded gravel with sand sediments were encountered at depth in the test pits. These sediments were generally tan to brown, dry to saturated, and dense, with fine to coarse -grained sand, fine to coarse gravel, and 12-inch-minus cobbles. Pockets of sandy 41t and trace clay-coritent were often noted within this horizon. -Competency of test pit walls varied -little across the site. -In general, fine grained soils remained stable while more granular sediments readily sloughed. However, moisture contents will also affect wall competency with saturated soils having a tendency to readily slough when under load and unsupported. 2791 S Victory View Way - Boise, ID 83709 - (208) 376-4748 - Fax (208) 322-6515 Capydghl e02017 Matedels www.mti-id.com - mtiOrriti-id.com 7esft&Inspedm Inc. MATERIALS TESTING & INSPECTION 26 April 2017 Page # 8 of 26 b 170525g_geotech ❑ Environmental Services ❑ Geotechnical Engineering 4 Construction Materials Testing ❑ Special Inspections Volatile Organic Scan No environmental concerns were identified prior to commencement of the investigation. Therefore, soils obtained during on -site activities were not assessed for volatile organic compounds by portable photoionization detector. Samples obtained during our exploration activities exhibited no odors or discoloration typically associated with this type of contamination. Groundwater encountered did not exhibit obvious signs of contamination. Si i rn'. AX X LnOi.vG i Existing surface drainage conditions are defined in the General Site Characteristics section. Information provided in this section is limited to observations made at the time of the investigation. Either regional or local ordinances may require information beyond the scope of this report. Groundwater During this field investigation, groundwater was encountered in test pit 1 at a depth of 16.3 feet bgs. Soil moistures in the test pits were generally dry to slightly moist within surficial soils. Within the poorly graded gravels with sand, soil moistures graded from dry to saturated as the water table was approached and penetrated. In the vicinity of the project site, groundwater levels are controlled in large part by residential an& commercial irrigation activity and leakage from nearby canals. Maximum groundwater elevations likely occur during the later portion of the irrigation season. During previous investigations performed in July 2006, September 2006, and March 2007 within approximately %2-mile to the southwest and south of the project site, groundwater was encountered within test pits at depths ranging from 13.8 to 15.7 feet bgs. Based on evidence of this investigation and background knowledge of the area, MTI estimates groundwater depths to remain greater than approximately 13 feet `bgs 1hrwghout the year. This depth -can be confirmed through long-term groundwater monitoring. Soil Infiltration Rates Soil permeability, which is a measure of the ability of a soil to transmit a fluid, was not tested in the field. Given the absence of direct measurements, for this report an estimation of infiltration is presented using generally recognized values for each° soil type, and gradation. of soils comprising, the gpieralized soil profile for this study, lean clay with sand soils generally offer little permeability, witl typical, hydiauti-e 40trationrates of less than 2 inches per hour. Silty sand sediments usually display rates of 4 to 8 inches per hour; though calcium carbonate cementation may reduce this value to near zero. Poorly graded gravel with sand sediments typically exhibit infiltration values in excess of 12 inches per hour. However, the presence of clay content can cause infiltration rates to be highly variable, ranging from less than 2 inches per hour'to greater than 6 inches per hour in some cases. Infiltration testing is required to determine site -specific infiltration rates for drainage design once proposed locations of infiltration facilities are determined. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Copy,ight C) 2017 6leterials www.mti-id.com • mti(a)mti-id.com T-Un0dln pec6.n, Inc. MATERIALS i TE5T1 NG £r INSPECTION 26 April 2017 Page # 9 of 26 b170525g_geoteeh ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections FOUNDATION, SLAB, AND PAVEMENT DISCUSSION AND RECOMMENDATIONS Various foundation types have been considered for support of the proposed structures. Two requirements must be met in the design of foundations. First, the applied bearing stress must be less than the ultimate bearing capacity of foundation soils to maintain stability. Second, total and differential settlement must not exceed an amount that will produce an. adverse behaviorr of the superstructure. Allowable settlement is usually exceeded before bearing capacity considerations become important; thus, allowable bearing pressure is normally controlled by settlement considerations. Considering subsurface conditions and the proposed construction, it is recommended that the structures be founded upon conventional spread footings and continuous wall footings. Total settlements should not exceed 1 inch if the following design and construction recommendations are observed. Presently, there are approximately 51 lots proposed for the project site. The following recommendations ,are not §pecifuc to the ;indiviidtial skmatuere5 ba1t irather S,hiautld 9be ivsewed-asrg_uidelines'for be skibdivision — wide development. Foundation Design Recommendations Based on data obtained from the site and test results from various laboratory tests performed, MTI recommends the following guidelines for the net allowable soil bearing capacity: Q-1 Runrintr f anarity vvaa y Footing Depth ASTM D1557 Subgrade Compaction Net Allowable Soil Bearing Capacity Footings must bear on competent, undisturbed, 2,000 lbs/ft2 native silty sand sediments or compacted structural fill. Existing lean clay soils, organics, and fill must be completely removed from below Not Required for Native 1 A /3 increase is allowable materials foundation elements.' Excavation depths ranging Soil for short-term loading, from roughly 2.4 to 3.4 feet bgs should be' 95%for Structural Fill which is defined by seismic or designed wind anticipated to expose proper bearing soils.2 events However, in areas where -sees are/were present, speeds. deeper excavation depths should be antic' aced 'It will be required for MTT personnel to verify the bearinfZ soil suitabilily for eacn siruciure al lnc uutc W WilmluIuvtt. 'Depending on the time of year construction takes place the subgrade soils may be unstable because of high moisture contents If unstable conditions are encountered over -excavation and replacement with granular structural fill and/or use of geotextiles may be required. The following sliding frictional coefficient values should be used: 1) 0.35 for footings bearing on native silty sand (SM) sediments and-2) 0.45 for footings bearing on granular structural fill. A passive lateral earth pressure of 380 pounds per square foot per foot (psf/ft) should be used for silty sand (SM) sediments. For compacted sandy gravel. fill, a passive lateral earth pressure of 496.psf/ft should- be used.. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 C.pynght Q 2017 PAmt ,ials www.mti-id.com • mti(cDmti-id.com T-inq 8lnsp-twn, Inc. MATERIALS li TESTI NG & INSPECTION 26 April 2017 Page # 10 of 26 b170525g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Footings should be proportioned to meet either the stated soil bearing capacity or the 2012 IBC minimum requirements. Total settlement should be limited to approximately 1 inch, and differential settlement should be limited to approximately %z inch. Objectionable soil types encountered at the bottom of footing excavations should be removed and replaced with structural fill. Excessively loose or soft areas that are encountered in the footings subgrade will require over -excavation and backfilling with structural fill. To minimize the effects of slight differential movement that may occur because of variations in the character of supporting soils and seasonal moisture content, MTI:recommends continuous footings be-suitably-,reiniorce&to makefihern as rigid as possible. For frost protection, the bottom of external footings should be 24 inches below finished glade. Floor main -on -Grade Uncontrolled fill, which contained debris, was encountered in portions of the site. MTI recommends that these fill materials be excavated to a sufficient depth to expose competent, native soils or to a minimum depth of 1'/2 feet below finished subgrade. If fill materials remain after over -excavation, the exposed subgrade gust be compacted to at least 95 percent of the maximum da densi y as determined by ASTM D 1557. However, if organics or wood debris are noted all fillmaterials must be completely removed. MTI personnel- must be "regent rliaring exeaA7ation to irµlenti fy the&e materials. Native clay soils are moderately plastic and will be susceptible to shrink1swell movements associated with moisture changes. The clay soils (if exposed) should be scarified to a depth of 6 inches and compacted between '92 to 98 percent of the -maximum dry density as determined by ASTM'D698. The moisture content should be within 2 percent of optimum. Structural fill should be placed as soon as possible after compaction of clay soils in -order to limit moisture loss within the upper _clays. Ground surfaces should be sloped away from structures at a minimum of 5 percent for a dictance of 10 feet to provide nocitivt- rrainage of surface water aw 11 frpm r_ __.. r_ r . buildings. Grading must be provided and maintained following construction. Organic, loose, or obviously compressive materials must be removed prior to placement of concrete floors or floor -supporting fill. In addition; the remaining subgrade should be treated in, accordance with• guidelines presented in the Earthwork section. Areas of excessive yielding should be excavated and backfii7ed with structural fill. Fill used to increase the elevation. of the. floor slab should meet.regqu7iirements detailed in the. Structural Fill section. Fill materials must be compacted to a minimum 95 percent of the maximum dry density as determined by ASTM D 1557. A free -draining granular mat (drainage fill course) should be provided below slabs -on -grade. This should be a minimum of 4 inches n'thickness-and properly eompacted. The mat should consist of a sand and gravel mixture, complying with Idaho Standards for Public Works Construction USPWC) specifications for 3/4-inch (Type 1) crushed _aggregate.. A .mo.isture-retarder .should .be placed beneath floor .slabs to minimize potential ground moisture effects on moisture -sensitive floor coverings. The moisture -retarder should be at least 15-mil in thickness and have a permeance of less than 0.01 US perms as determined by ASTM E96. Placement of the moisture -retarder will require special consideration with regard to effects on the slab -on -grade and should adhere to recommendations outlined in the ACI 302.IR and, ASTM, E174,5, publications. The grarrulw mat should be compacted to no less than 95 percent of the maximum dry density as determined by ASTM D1557. Upon request, MT1 can provide further consultation regarding installation. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Copyright 9 2017 Materials www.mti-id.eom • mti(@mti-id.eom Testing B Inspection, Inc. MATERIALS TESTING & INSPECTION 26 April 2017 Page # 11 of 26 b170525"eotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Recommended Pavement Sections MTI has made assumptions for traffic loading variables based on the character of the proposed construction. The Client shall review and understand these assumptions to make sure they reflect intended use and loading of pavements both now and in the future. Based on experience with soils in the region, a subgrade California Bearing Ratio (CBR) value of 3 has been assumed for near -surface clay soils on site. The following are minimum thickness requirements for assured, pavement. function- Depending on site conditions, additional_ work, e.g. soil preparation, may be required to support construction equipment. These have been listed within the Soft Subgrade Soils section. Flexible Pavement Section The American Association of State Highway and Transportation Officials (AASHTO) design method has been used to calculate the fol'lowing.pavement section. A calculation sheet prodded in the Appendix indicates the soils constant, traffic loading, traffic projections, and material constants used to calculate the pavement section. MTI recommends that materials used in the construction of asphaltic concrete pavements meet requirements of the ISPWC Standard Specification for Highway Construction. Construction of the pavement section should be in accordance with these specifications and should adhere to guidelines recommended in the section on Construction Considerations. AASHT0 Flexible Pavement Specifications Pavement Section Component' Residential Roadway Asphaltic Concrete 2.5 Inches Crushed Aggregate Base 4.0 Inches Structural Subbase 10.0 Inches Compacted Subgrade See Pavement Subgrade Preparation Section 'It will be required for MTI personnel to verify subgrade competency at the time of construction.. Asphaltic Concrete: Asphalt mix design shall meet the requirements of ISPWC, Section 810 Class III plant mix. Materials shall- be placed in accordance with ISPWC- Standard. Specifications for Highway Construction. Aggregate Base: Material complying with ISPWC Standards for Crushed Aggregate Materials. Structural Subbase: Granular structural fill material complying with the requirements detailed in the Structural Fill section of this report ex !t that the maximum material diameter is no more than 2/3 the component.thickness. = Gradation ,and suitability requirmnents shall be per ISPWC Section 801, Table 1. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 CWynghl'd) 2017 6late,Wl www.mti-id.eom • mtiCeilmti-id.eom T-Ung d Inspection, Inc. MATERIALS TESTI NG & 1110 INSPECTION 26 April 2017 Page # 12 of 26 b 170525g_geotech ❑ Environmental Services ❑ Geotechnical Engineering U Construction Materials Testing ❑ Special Inspections Pavement Subgrade Preparation Uncontrolled fill, which contained debris, was encountered in portions of the site. MTI recommends that these fill materials be excavated to a sufficient depth to expose competent, native soils or to a minimum depth of 1'/2 feet below finished subgrade. If fill materials remain after over -excavation the exposed subgrade must be compacted to at least 95 percent of the maximum drydty as 'determined by ASTM D698. However, if organics 'or wood debris are Hated all 'fill materials must be completely removed. MTI personnel must be present during excavation to identify 'these materials. Native clay soils are moderately plastic, and will he SuScerntible to shrink/swell movements associated with moisture changes. IThe clay soils (if exposed) should be scarified to a depth of 6 inch and compacted between 92 to 98 percent of the maximum dry density as determined by ASTM D698. The moisture content should be within 2 percent of optimum. Structural subbase should be placed as soon as possible after compaction of clay soils in order to limit moisture loss. within the upper clays„ Common Pavement Section Construction_ Issues. The subgrade upon which above pavement sections are to be constructed must be properly stripped, compacted (if indicated), inspected, and proof -rolled. Proof rolling of subgrade soils should be accomplished using a heavy rubber -tired, fully loaded, tandem -axle dump truck or equivalent. Verification of subgrade competence by.MTI personnel at the time of construction is required. Fill ,materials on the site must demonstrate the indicated compaction prior rto platting material in support of -the pavement section. MTI anticipated that pavement areas will be subjected to moderate traffic. Subgrade clays and silts near and above optimum moisture contents may pump during compaction. Pumping or soft areas must be removed and replaced with structural fill. Fill material and aggregates, as well as compacted native subgrade soils, in support of the pavement section must be compacted to no less than 95 -percent of the maximum dry density as determined by ASTM D698 for flexible pavements and by ASTM D1557 for risgid pavements. If a material placed as a pavement section component cannot be tested by usual compaction testing methods, then compaction of that materiah must be approved by observed proof rolling. Minor deflections from proof rolling for flexible pavements are allowable. Deflections from proof rolling of rigid pavement support courses should not be visually detectable. MTI recommends that rigid concrete pavement be provided for heavy garbage receptacles. This will eliminate damage caused by the considerable loading transferred through the small steel wheels onto asphaltic concrete. Rigid concrete -pavement should -consist of Portland-Cement.Concrete Pavement (PCCP) generally.adhering to ITID specifications, for UTban-concrete. PCCP should :be -6 inches tthick on a 4-inch drainage fill course (see Floor Slab -on -Grade section), and should be reinforced with welded wire fabric. Control joints must be on 12-foot centers or less. CONSTRUCTION CONSIDERATIONS Recommendations in this report are based upon structural elements of the project being founded on competent, undisturbed, native silty sand sediments, or compacted structural fill. Structural areas should be stripped to an elevation that exposes these soil types. 2791 S Victory View Way - Boise, ID 83709 - (208) 376-4748 - Fax (208) 322-6515 Capynght ©2017 Materials www.mti-id.com - mti0mti-id.com Testing & Inspeclion, Inc. MATC-RIAlS TESTING 6 INSPECTION 26 April 2017 Page # 13 of 26 b 170525g_geotech a Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing U Special Inspections Earthwork Excessively organic soils, deleterious materials, or disturbed soils generally undergo high volume changes when subjected to loads, which is detrimental to subgrade behavior in the area of pavements, floor slabs, structural fills, and foundations. Mature trees, brush, and thick grasses with associated root systems were noted at the time of our investigation. It is recommended that organic or disturbed soils, if encountered, be removed to depths of I foot (minimu,mt), and wasted or stockpiled for later use. However, in, areas where trees are/were present, deeper excavation depths should be anticipated. Stripping depths should be adjusted in the field to assure that the entire root zone or disturbed- zone or topsoil are removed prior to placement and compaction of structural fill materials. Exact removal depths should be determined during grading operations by MTI personnel, and should be based upon subgrade soil type, composition, and firmness or soil stability. If underground storage tanks, underground utilities, wells, or septic systems are discovered during construction activities, they must be decommissioned then removed or abandoned in accordance with ;governing Federal, `State,an i4ocdlagencies.-ExcavaWns,developedastbc�resultofsuchtemoval,must'be'bacicfilled-with structural fill materials as defined in the Structural Fill section. ivlTI should oversee subgrade conditions (i.e., moisture content) as well as placement and compaction of new fill (if required) after native soils are excavated to design grade. Recommendations for structural fill presented in this report can be used to minimize volume changes and differential settlements that are detrimental to the behavior of footings, pavements, and floor slabs. Sufficient density tests should be performed to properly monitor compaction.. For structural fill beneath building structures, one in -place density' test per lift for every 5,000 square feet is recommended. In parking and'driveway areas, this can be decreased' to one test per lift for every 10,000. square feet. Dry Weather If construction is -to be conducted during dry seasonal conditions, -many problems associated with soft soils may be,avoid-ed.:However, some-rulting ofsubgrade soils -may be induced by shal.low:gr.oundwateT conditionsTelated to sprirngtime runoff or irrigation activities during late summer through early fail. 'Solutions to problems associated with soft subgrade soils are outlined in the Soft Subgrade Soils section. Problems may also arise because of lack of moisture in native and fill soils at time of placement. This will require the addition of water to achieve near -optimum moisture levels. Low -cohesion soils exposed in excavations may become friable, increasing chances of sloughing or caving. Measures to control excessive dust should be considered as part of the overall health and safety management plan: Wet Wentl. heir �� If construction is to be conducted during wet seasonal conditions (commonly from mid -November through May), problems associated with soft soils must be considered as part of the construction plan. During this time of year, fine-grained soils such as silts and clays will become unstable with increased moisture content, and eventually deform or rut. Additionally, constant low temperatures reduce the possibility of drying soils to near optimum conditions. 2791 S Victory View Way - Boise, ID 83709 - (208) 376-4748 - Fax (208) 322-6515 Copyright 0 2017 Idstedels www.mti-id.com - mti(d)mti-id.eom Testing $ Inspection, Inc. MATERIALS TES'PI NG 6 INSPECTION 26 April 2017 Page # 14 of 26 b I70525g--geotecli ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Soft Subgrade Soils Shallow fine-grained subgrade soils that are high in moisture content should be expected to pump and rut under construction traffic. During periods of wet weather, construction may become very difficult if not impossible. The following recommendations and options have been included for dealing with soft subgrade conditions: • Track -mounted vehicles, should be used to strip the subgrade of root matter and other deleterious debris. Heavy rubber -tired equipment should be prohibited from operating directly on the native subgrade and areas in which structural fill materials have been placed. Construction traffic should be restricted to designated roadways that do not cross, or cross on a limited basis, proposed roadway or parking areas. • Soft areas can be over -excavated and replaced with granular structural fill. • Construction roadways on soft subgrade soils should consist of a minimum 2-foot thickness of large cobbles/of 4 to 6 inches :in ,diameter with sufficient sand -and Canes to fall voids.Construction entrances should ,consist of .a 6 nich thickness of clean, 2-inch minimum, angular .drain rock anal must be a minimum of 10 feet wide and 30 to 50 feet long. During the construction process, top dressing of the entrance may be required for maintenance. • Scarification and aeration of subgrade soils can be employed to reduce the moisture content of wet subgrade soils. After stripping is complete, the exposed subgrade should be ripped or disked to a depth of 1'/2 feet and allowed to air dry for 2 to 4 weeks. Further disking. should be performed on a weekly basis to aid the aeration process. • Alternative soil' stabilization methods include use ofgeotextiles, lime, an&cernnent stabilization. MTI is available to provide recommendations and guidelines at your request. job - Frozen Subgrade Soils Prior to placement of structural fill materials or foundation elements, frozen subgrade soils must either be allowed to thaw or be stripped -to depths that expose non -frozen soils and wasted or stockpiled for later use. Stockpiled,rnater-ials,m-ust'be allowed •to: baw and ;return to,near-,opt:urnal,.condifons�prior ito use<as structural fill. The onsite, shallow clayey soils are susceptible to frost heave during freezing temperatures. For exterior flatwork and other structural elements, adequate drainage away from subgrades is critical. Compaction and use of structural fill will also help to mitigate the potential for frost heave. Complete removal of frost susceptible soils for the full frost depth, followed by replacement with a non -frost susceptible structural fill, can also be used to mitigate the potential for frost. Heave. MTT is avail'a61e to, provide further guidance/assistance upon. request. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Cupynght'J 2017 Pdatedeis www.mti-id.com • mtiOmtkid.eom Testing& tnsped.n. Inc. MATERIALS TESTING 6 INSPECTION 26 April 2017 Page # 15 of 26 b 170525g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Structural Fill Soils recommended for use as structural fill are those classified as GW, GP, SW, and SP in accordance with the Unified Soil Classification System (USCS) (ASTM D2487). Use of silty soils (USCS designation of GM, SM, and ML) as structural fill may be acceptable. However, use of silty soils (GM SM and ML) as structural fill below footings is prohibited. These materials require very high moisture contents for compaction and require a longMme xo dry out if natural Moisture collwnts aire400 h%i.gh ay.,also be susceptible to fi-ost leave -under certain conditions. Therefore, these materials can be quite difficult to work with as moisture content, lift thickness, and compactive effort becomes difficult to � control. If silty soil is used for structural fill, lift thicknesses should not exceed 6 inches (loose), and fill material moisture must be closely monitored at both the working elevation and the elevations of materials already placed. Following placement, silty soils must be protected from degradation resulting from construction traffic or subsequent construction. Recormmende& granular structural; fill', materials, those classifed as GW, GP;; M, aiW' SAP; should comi-st of a 6-inch minus select, clean, granular soil with no more than 50 percent oversize (greater than 3/4-inch) material and no more than 12 percent fines (passing No. 200 sieve). These fill materials should be placed in layers not to exceed 12 inches in loose thickness. Prior to placement of structural fiii materials, surfaces must be prepared as outlined in the Construction Considerations section. Structural fill material should be moisture -conditioned to achieve optimum moisture content prior to compaction. For structural fill below footings, areas of compacted backfill must extend outside the perimeter of the footings for a distance equal to the thickness of fill between bc►tc Q:ztnclali anerlrtg .sd1s, car 5 Meet,lishever is less. ARM materials must be �nsanitorecl during placement and tested `to confirm compaction requirements, outlined below, have been achieved. Each layer of structural fill must be compacted, as outlined below: • Below Structures and Rigid Pavements: A minimum of 95 percent of the maximum dry density as determined by ASTM D1557. s Below Flexible Pavements: A minimum of 92 percent- of the maximum dry density as determined by ASTM D 1557 or 95 percent of the maximum dry density as determined by ASTM D698. The A ST1:�I D 1557 test method must be used for samples contam:ng up to 40 percent oversize (greater than 3 �- inch) particles. If material contains more than 40 percent but less than 50 percent oversize particles, compaction of fill must be confirmed by proof rolling each lift with a 10-ton vibratory roller (or equivalent) until the maximum density has been achieved. Density testing must be performed after each proof rolling pass until the yin -place density test results indicate.a drop (or no increase) in -the dry density, defined as maximum density or "break over" point. The number of required passes should be used as the requirements on the remainder of fill placement. Material should contain sufficient fines to fill void spaces, and must not contain more than 50 percent oversize particles. Backfill of Walls Backfill materials must conform to the requirements of structural fill, as defined in this report, For wall heights greater than 2.5 feet, the maximum material size should not exceed 4 inches in diameter. Placing oversized material against rigid surfaces interferes with proper compaction, and can induce excessive point loads on wails. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Copyrights 2017 Materials www.mti-id.eom • mti(EDmti-id.eom Testing& Inspection. Inc. MAT CER0 AL5 TESTING £s INSPECTION 26 April 2017 Page # 16 of 26 b 170525g_geoteeh ❑ Environmental Services ❑ Geotechnical Engineering 0 Construction Materials Testing ❑ Special Inspections Backfill shall not commence until the wall has gained sufficient strength to resist placement and compaction forces. Further, retaining walls above 2.5 feet in height shall be backfilled in a manner that will limit the potential for damage from compaction methods and/or equipment. It is recommended that only small hand - operated compaction equipment be used for compaction of backfill within a horizontal distance equal to the height of the wall, measured from the back face of the wall. -Backfill should be,compaeted in:accordance with the veeifications for'�Struetural fill,except In those areas where it is determined that future settlement is not a concern, such as planter areas. In nonstructural areas, bacltfi-ll must be compacted to a -firm and unyielding condition. Excavations Shallow excavations that do not exceed 4 feet in depth may be constructed with side slopes approaching vertical. Below this depth; it is recoriurieaded that slopes. be .constructed ini accordance with Occupational. Safety and Health Administration (OSHA) regulations, Section 1926, Subpart P. Based' on these regulations, on -site soils are classified as -type "C" soil., and, as -such., excavations- within- these soils -should -be constructed at a maximum - slope of 11/z feet horizontal to 1 foot vertical (111/2:1) for excavations yap to 20 feet in height. Excavations in excess of 20 feet will require additional analysis. Note that these slope angles are considered stable for short- term conditions only, and will not be stable for long-term conditions. During the subsurface exploration, test pit sidewalls generally exhibited little indication of collapse; however, sloughing .of fill,m-aterials and'native granular sediments from test pit sidewalls wasobserved, parficularly after penetration of the water table. For deep excavations, native granular sediments cannot be expected to remain in -position. These materials are -prone .to failure. .and .may -collapse, -thereby -undermining -upper soil layers. This is especially true when excavations approach depths rear the water table. rare must be taken to ensure that excavations are properly backfilled in accordance with procedures outlined in this report. Shallow soil cementation (caliche) was observed throughout much of the site and may cause difficulties during foundation development and utility placement. Cemented soils should be anticipated throughout the site at - depths of 2.4 to 7.7 feet bgs. Groundwater Control Groundwater was encountered during the investigation but is anticipated to be below the depth of most construction. Excavations below the water table will require a dewatering program. Special precautions may be required forcontrol of surface runoff and subsurface seepage. it is recommended that runoff be directed away from open excavations. Clayey soils may becomesoft and pump if subjected to excessive traffic during time of surface runoff. Ponded water in construction areas should be drained through methods such as trenching, sloping, crowning grades, nightly smooth drum rolling, or installing a French drain system. Additionally, temporary or permanent driveway sections should be constructed if extended wet weather is forecasted. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748.• Fax (208) 322-6515. www.mti-id.com • mti(a)mti-id.com Cop bT F 20171dnler1— TesUngdInc. lnspectiun, MATERIALS koTESTING £r INSPECTION 26 April 2017 Page # 17 of 26 b 170525g_geoteeh ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections GENERAL COMMENTS When plans and specifications are complete, or if significant changes are made in the character or location of the proposed development, consultation with MTI should be arranged as supplementary recommendations may be required. Suitability of subgrade soils and compaction of structural fill materials must be verified by MTI personnel prior to placement =of structural elements. Additionally, monitoring ;and testing should be performed to verify that suitable materials ,are used for structural -.fill and that proper placement and compaction, techniques are utilized. 27918 Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Copy+fight ti 2017 M1tate6a1s www.mti-id.com • mtiArriti-id.com TesEnq & Insp.d.n, Ins. MATERIALS TESTING & INSPECTION 26 April 2017 Page # 18 of 26 b 170525g_geotceh ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections REFERENCES American Concrete Institute (ACI) (2004). Guide for Concrete Floor and Slab Construction: ACI 302.1R. Farmington Hills, MI: ACI. American Society of Civil Engineers (ASCE) (2013). Minimum Design Loads for Buildings and Other Structures: ASCE/SEI 7-10. Reston, VA: ASCE. American Society for Testing and Materials (ASTM) (21kb3,}: Standards Tests Method fmy Matevials Eiiaev tho&7/5-M (No. 20©)7Siev in Mineral Aggregates by Washing: ASTM C117. West Conshohocken, PA: ASTM. American Society far Testing and Materials (ASTM) (2014). Standard Test Method for Sleve Analysis of Fine and Coarse Aggregates: ASTM C136. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2012). Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort. ASTM Q698. West Consholhoc,,ken,,PA.: ASTM. American Society for Testing and Materials (ASTM) (2012). Standard Test Methods for Laboratory Compaction Characteristics of Soil Using_Modified Effort: ASTM D1557. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2014). Standard Test Methods for California Bearing Ratio: ASTM D1883. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2011). Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classificatim-b System). ASTM- D2'4871. WestfConshohocken; PA: ASTM. American Society for Testing and Materials (ASTM) (2010). Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils: ASTM D4318. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2011). Standard Specification for Plastic Water Vapor Retarders Used in Contact with Soil or Granular Fill Under Concrete Slabs: ASTM E1745, West Conshohocken, PA: ASTM. American Society of State Highway and Transportation Officials (AASHTO) (1993). AASHTO Guide for Design of Pavement `Structures-1993. Washington MC.: AASHTO. Desert Research Institute. Western Regional Climate Center. [Online] Available: <http://www.wree.dri.edu/> (2017). u-te.riatlonal Building Code Council (2012). International Building Code, 2012. Country Club Hills, IL: Author. Local Highway Technical Assistance Council (LHTAC) (2010). Idaho Standards for Public Works Construction, 2010. Boise, ID: Author. Othberg, K. L. and Stanford, L. A., Idaho Geologic Society (1992k Geologic Map. of the Boise Valley and Adioining Area, Western Snake River Plain, Idaho. (scale 1:100,0001. Boise, ID: Joslyn and Morris. U.S. Department of Labor, Occupational Safety and Health Administration. CFR 29 Part 1926, Subpart P: Safety and Health Regulations for Construction, Excavations (1986). [Online] Available: <www.osha.gov> (2017). U.S. Geological Survey (2017). National Water Information System: Web Interface. [Online] Available: <http://waterdata.usgs.gov/nwis> (2017). 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 - Coptaight 1) 2017 1.laleriels www.mti-id.com • mtiCa2mti-id.com Testing& Inspection, Inc. MATERIALS TESTING S INSPECTION 26 April 2017 Page # 19 of 26 b170525g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections APPENDICES ACRONYM LIST AASHTO: American Association of State Highway and Transportation Officials ACHD: Ada County Highway District ACI American; Concrete Institute ASCE American Society of Civil Engineers ASTM: American Society for Testing, and Materials bgs: below ground surface CBR: California Bearing Ratio D: natural dry unit weight, pcf ESAL Equivalent Single Axle Load ,GS: ;grab. sample IBC: International Building Code IDEA Idaho Department of Environmental Quality ISPWC: Idaho Standards for Public Works Construction ITD: Idaho Transportation Department LL: Liquid Limit M: water content MSL: mean seas level N: Standard "N" penetration: blows per foot, Standard Penetration Test NP: nonplastic -OS—"A Occupational Safety and Health Administration PCCP: Portland Cement Concrete Pavement PERM: vapor permeability PI: Plasticity Index RID: �p.hotuio.mzafian deUeatar PVC: polyvinyl chloride QC: cone penetrometer value, unconfined compressive strength, psi Qp: Penetrometer value, unconfined compressive strength, tsf Qu: Unconfined compressive strength, tsf RMR Rock Mass Rating RQD Rock Quality Designation R-Value Desistance Value SPT: Standard Penetration Test (140:pound hammer failing 30 in. on a 2:in, split spoon) USCS: Unified Soil Classification System USDA: United Statcs Department of Agriculture UST: underground storage tank V: vane value, ultimate shearing strength, tsf 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 c.opqm , zon nr,mdais www.mti-id.com • mti(a)mtkid.com T,Onq x 1-p-li n, mr. MATERIALS JWTESTING 6 INSPECTION 26 April 2017 Page # 20 of 26 b 170525g_geoteeh ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections GEOTECHNICAL GENERAL NOTES RELATIVE DENSITY AND CONSISTENCY CLASSIFICATION Coarse -Grained Soils SPT Blow Counts Fine -Grained Soils SPT Blow Counts Very Loose: < 4 Very Soft: < 2 Loose: ; 4-10 Soft: 2-4 Medium Dense: 10-30 Medium Stiff: 4-8 Dense: 30-50 Stiff: 8-15 Very Dense: >50 Very Stiff: 15-30 Hard: >30 Moisture Content Description Field Test Dry Absence of moisture, dusty, dry to touch Moist Damp but not visible moisture Wet Visible free water, usually soil is below water table Cementation Field Test fDescripfion Crumbles or breaks with handling or y slight finger pressure Crumbles or beaks with considerable Moderately finger pressure Will not crumble or break with finger Strongly pressure PARTICLE SIZE Boulders: >12 in. Coarse -Grained Sand: 5 to 0.6 mm Silts: 0.075 to 0.005 mm Cobbles: 12 to 3 in. Medium -Grained Sand: 0.6 to 0.2 mm Clays: <0.005 mm Gravel: 3 in. to 5 min Fine -Grained Sand: 0.2 to 0.075 mm UNIFIED SOIL CLASSIFICATION SYSTEM Major Divisions Symbol Soil Descriptions Coarse -Grained Soils <50% passes No.200 sieve Gravel & Gravelly Soils <50% coarse fraction passes No.4 sieve GW Well -graded gravels; gravel/sand mixtures with little or no fines GP Poorly -graded gravels; gravel/sand mixtures with little or no fines GM Silty gravels; poorly -graded gravel/sand/silt mixtures GC Clayey gravels; poorly -graded gravel/sand/clay mixtures Sand & Sandy Soils coarse fraction passes No.4.sieve SW Well -graded sands; gravelly sands with little or no fines 'SP Poorly -graded sands; ravelly.sands w.ith,little nor -no fines SM Silty sands; poorly -graded sand/gravel/silt mixtures SC Clayey sands; poorly -graded sand/gravel/clay mixtures Fine Grained Soils >50% passes No;200 sieve Silts. & Clays LL < 50 ML Inorganic silts; sandy, gravelly or clayey silts CL Lean clays; inorganic, gravelly, sandy, or silty, low to medium -plasticity clays OL Organic, low -plasticity clays and silts Silts &i Clays LL > 50 MIS Inorganic, elastic sift,.sandy, graveffy or clayeyelrasticsilos. CH Fal clays; high -plasticity, inorganic clays OH Organic, medium to high -plasticity clays and silts Highly Organic Soils PT Peat, humus, hydric soils with high organic content 2791 S Victory View Way - Boise, ID 83709 - (208) 376-4748 - Fax (208) 322-6515 www.mti-id.com - mtino mti-id.com Coesfing&20pectio17 ,Inc. TesVnfl &Inspection, Inc. MATERIALS TESTI NG & INSPECTION 26 April 2017 Page # 21 of 26 b170525g_geotecb ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP-1 Date Advanced: 19 April 2017 Logged by: Clint Wyllie, G.I.T. Excavated by: Struclanan's Backhoe Service Location: See Site Map Plates Latitude: 43.61714 Longitude:-116.39014 Depth to Water Table: 16.3 Feet bgs Total Depth: 16.3 Feet bgs Depth Field Description and USCS Soil and Sample Sample Depth Qp Lab Feet bgs) Sediment Classification Type Feet bgs) Test ID Lean Clay with Sand Fill (CL-FILL): Brown, slightly moist, medium stiff, with fine to 0.0-1.6 medium -grained sand. --Organics noted to 1.4 feet bgs. --Wood and trash debris noted throughout. Lean Clay with Sand (CL): Brown, slightly 1.25 1.6-2.4 moist, stiff, with rne- rained sand. Siftty Sand (SM)t, Tarr tot whitish, &y to, slightly moist, dense to very dense, with fine 2.4-7.0 to medium -grained sand. --Moderate to strong calcic cementation encountered throughout. Poorly Graded Gravel with Sand (GP): Tan to brown, dry to saturated, dense, with fine to 'coarse -grained -sand, fine to noarse gravel, and 12-inch-minus cobbles. 7.0-16.3 __Pockets .of sandy silt encountered from 9.5 to 10.3 feet bgs. --Trace clay content noted from 10.3 to 16.3 eet b s 27918 Victory View Way - Boise, ID 83709 - (208) 376-4748 - Fax (208) 322-6515 Copinght'o 2017 A1ale vials www.mti-id.com - mtiCv2mti-id.com T_> „L MATERIALS TESTING 6 INSPECTION 26 April 2017 Page # 22 of 26 b170525g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing U Special Inspections GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP-2 Date Advanced: 19 April 2017 Logged by: Clint Wyllie, G.I.T. Excavated by: Struckman's Backhoe Service Location: See Site Map Plates Latitude: 43.61634 Longitude:-116.38994 Depth to Water Table: Not Encountered Total Depth: 14.4 Feet bgs Depth Field ans oil and Sample Sample QP Lab s fc tionUSCS Sediment Claescription ype Feet bgs) Test ID Silty Gravel with Sand Fill (GM -FILL): Brown, slightly moist, loose to medium 0.0-2.2 dense, with fine to coarse -grained sand and fine to coarse gravel. --Organics noted throughout. 2.2-3.4 Lean Clay with Sand (CL): Brown, slightly GS 2.5-3.0 1.25- A moist, stiff, with rne- rained sand. 1.75 'Silty Sand (S,M) . Tan; to, red' biro m, dry to slightly moist, dense to very dense, withpw 3.4-5.8 to coarse -grained sand. --Moderate to strong calcic cementation encountered throughout. Poorly Graded Gravel with Sand (GP): Tan to brown, dry to slightly moist, dense, with fine ;to coarse-grWned sand, fine to .course, graveff, and 1,0- rich -minus cobbles. 5.8-14.4 --Pockets of sandy silt noted from 9,0 to 11,6 feet bgs. --Trace clay content noted from H.6 to 14.4 .feet bgs. Lab Test ID Al LL P1 Sieve Analysis %passing) _ n/„ - - 1 #4 #10 #40 #100 #200 A 28.2 48 26 1 100 100 95 90 84.1 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Copyright 7 2017 Materials www.mti-id.com • mti(a,)mti-id.com resting& Inspectiun. Inc. MATERIALS TESTING £s INSPECTION 26 April 2017 Page # 23 of 26 b170525g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP-3 Date Advanced: 19 April 2017 Logged by: Clint Wyllie, G.I.T. Excavated by: Struckman's Backhoe Service Location: See Site Map Plates Latitude: 43.61752 Longitude:-116.39005 Depth to Water Table: Not Encountered Total Depth: 10.8 Feet bgs Depth Field oil and Sample Sample pth Qp FLaL- 'Pest t bs Sediment Classification Feet bgs) II) Lean Clay with Sand Fill (CL-FILL): Brown, slightly moist, medium stiff, with fine to 0.0-2.7 medium -grained sand. --Organics and wood debris noted throughout. Silty Sand (SM): Tan to whitish, dry, dense to very dense, with fine to coarse -grained 2.7-7.7 sand' --Tree root zone noted at 4.5 feet Figs. --Moderate to strong, calcic. cementation encountered throughout. Poorly Graded Gravel with Sand (GP): Tan to brown, dry to slightly moist, dense, with fine to coarse -grained sand, fine to coarse g,am 1, and 10-inch-minus cobbles. 7-Y4.S 7.-=Some silt content notedfrom 7.7 to'8.7feet' bgs. --Trace clay content noted from 8.7 to 10.8 eet bgs. 2791 S Victory View Way - Boise, ID 83709 - (208) 376-4748 - Fax (208) 322-6515 Copyright 7 2017 Materials www.mti-id.com - mtiOmti-id.com Testing&Inspediug 1— MATERIALS 111LTESTING & INSPECTION 26 April 2017 Page # 24 of 26 b 170525g_geotech Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections AASHTO PAVEMENT THICKNESS DESIGN PROCEDURES Pavement Section Design Location: Proposed Townhomes Off Main Subdivision, Residential Roadway Average Daily Traffic Count: 500 All Lanes & Both Directions 'Design Life; 'Years Tereent,olf IFTa iic in Desip Latte: L20 J1J /O Terminal Seviceability Index (Pt): 2.5 Level of Reliability: 95 Subgrade CBR Value: 3 Subgrade Mr: 4,500 Calculation of Design-18 kip ESALs Daily Growth Load Design Traffic Rate Factors ESALs Passenger Cars: 206 2.0% 0.0008 1,462 Buses: 3 2.0% 0:6806 18108 Fancy& Pickup Trucks: 3'S 2'.0% 0:0122' 3,787 2-Axle, 6-Tire Trucks: 6 2.0% 0.1890 10,057 Concrete Trucks: 0.0 2.0% 4.4800 0 Dump Trucks: 0 2.0% 3.6300 0 Tractor Semi Trailer Trucks: 0 2.0% 2.3719 0 Double Trailer Trucks 0 2.0% 2.3187 0 Heavy Tractor Trailer Combo Trucks: 0 2.0% 2.9760 0 Average Daily Traffic in Design Lane: 250 Toted Design Life 18-14p ESALs: 33,413 Actual Log (ESALs): 4.524 Trial SN: 2.57 Trial Log (ESALs): 4.531 Pavement Section Design SN: 2.61 Design Depth Structural Drainage Inches Coefficient. Coefficient - Asphaltic Concrete: 2.50 0.42 n/a Asphalt -Treated Base: 0.00 0.25 n/a Cement -Treated Base: 0.00 0.17 n/a Crushed Aggregate Base: 4.00 0.14 1.0 Subbase: 10.00 0.10 1.0 Special Aggregate Subgrade: 0.00 0.09 0.9 2791 S Victory View Way - Boise, ID 83709 - (208) 376-4748 - Fax (208) 322-6515 capmsnt Fi zoi r 1.lelerlals www.mti-id.com - mti(o)mti-id.eom Testing B Inapecb,n, Inc. Ul �b Z E �N� '7 U I-. 00 N Z b � o E � L W N o i2 E C 7 LW r I— Ul W CL d li W Lc) Z m 0 p � cn C ~ O p m N > O] 0 G L d (6 N a) o o N F-' N a w � w i ---���-- -- u SfF GLE,RD• 4 t-VEPGLE�, - F - --A/ Ln Am Cl @ ; u.zu 'wj t atW a j _ ! Y w + N _-I.- co n s Z m o J�O -' � ,yn epN Vi 0 �— Ul a�W LO Q W N N co E cn Lu W O z7 O Up-� p f— U n o -� 3 -0 Q vi - O o � Q m Q a O C'I o,n „o Z z F N N D •- -r N m AM kstl� II I CL 06 R o f¢ 1 I 1 1 i 9 � ,uzn �cctcars •�. :� � s 1 i 1 1 unenat I R jj� *;• R 3nN3AV A310v8'3 m.. --" 1 �- R�-,`'-------- —------r- AI 3NV1 A37aV8 3lVG*3 1 Qa 4q1 I ?"qF au 4A� xnl � I sy Rl ©� (9j 10 mR � b 011 � I i � 3NV1 M3BnM7 7 ' •• li � � nrt- I —ncn pan ■ I Og Ig R A C)g l5 ; ,. tt - K.T. Kn % ► . �n - ► � i ----- ± - —1 -- - --� 3nN7Av tl3Yntl9 -- o----------- _----- .xu a.0 a,s NO g M' €� IN 5 � a"a AVMNNVd NMOIOMl � Ea xvnal ilia r anan� 8 I I I f 1=- III I I I , r 00 w< X w ww Q� M kVMN8VdN¥mom § \ � \ w■» =b, - % \;® ° ! x q!#f( . § CD c § § AVMNwVdNymoMI] �o /■■ )§- ~~ § - a) f( C / |�\ ! CL ,. ;4! N Uhl � �m ° §/! \ WWd NM 010ml / � |) 0 : mA R § ~ )g■@ $!, o , � DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY CCRs based on thise will be created and recorded when appropriate to govern the long-term ownership, maintenance and access of the common lots. WELCOME! We are pleased that you have decided to become a member of the Parkway Station Community. The following document is the Declaration of Covenants, Conditions, Restrictions and Easements that will govern the Community. The purpose of the Declaration is to: • Set forth basic use residential restrictions to protect you and your neighbors from undesirable or noxious uses by others in the Community. • Set forth the rules by which the Community will govern itself through the Parkway Station Community Association, Inc. • Set forth the procedure for budgets and assessments for Community expenses. • Provide for the maintenance and improvement of the Community common areas. • Set forth the rules by which the Community will resolve problems and disputes in a fair, impartial and expeditious manner. Please read this entire Declaration carefully. It sets forth the rights and obligations of you and the other Community members. We make no representations of any kind (express or implied) through any agent, realtor, employee or other person regarding the Community except as set forth in this Declaration. We expressly disclaim any representations, warranties, statements or information about the Community not set forth herein. As an equal opportunity housing provider, the Parkway Station Community provides housing opportunities regardless of race, color, national origin, religion, sex, physical or mental disability, familial status or any other classification protected by applicable federal, state or local law. WELCOME PAGE DECLARATION HIGHLIGHTS Please read this entire Declaration carefully, but we would like to highlight a few key provisions that may be of interest to you: Regular Assessments: Initially set at $75 per month. The Regular Assessments may be adjusted from time -to -time, but they shall not increase more than 10% per year, nor can a Special Assessment issue without the Association giving each Owner prior notice and opportunity to object at an Association meeting. See Section 5.5. Association Management: The Association will be managed by the Grantor during the Initial Development Period (when the homeowners would find the management to be unduly burdensome). See Section 10.2. Thereafter, the Community governs itself as desired. See Article 2. Landscape Maintenance: The Association will provide ordinary care and maintenance for landscaping on each Lot as a common expense (subject to the right to opt -out). See Section 2.6.4. Irrigation System: The Association will provide pressurized irrigation water to each Lot as a common expense. See Section 2.6.5. Pets: Owners may have up to two household pets. See Section 3.8. Yard Signs: Customary "For Sale", open house, construction and political signs are permitted, but with strict limitations. No other signs are permitted. See Section 3.17. Leasing: Owners may lease to their family at any time, and may lease to others provided the lease term is six (6) months or longer. See Section 3.2. Holiday Lights: Permitted from November 15 to January 15. See Section 3.21. Basketball Hoops: Basketball hoops and poles are not allowed except as the same may be installed by the Association. See Section 3.4. Fencing Fences shall require approval of the Architectural Review Committee. See Section 4.4. Trash Cans: Trash cans and other trash receptacles, including recycling cans and receptacles, shall not be visible except between 5:00 AM and 8:00 PM on the day selected by the trash collector for trash and recycling pick-up. See Section 3.4. DECLARATION HIGHLIGHTS TABLE OF CONTENTS Page ARTICLE1 DEFINITIONS........................................................................................................ I ARTICLE 2 THE PARKWAY STATION COMMUNITY ASSOCIATION ........................ 4 2.1 Organization of the Association........................................................................................... 4 2.2 Membership......................................................................................................................... 4 2.3 Membership Meetings; Voting............................................................................................ 4 2.4 Board of Directors................................................................................................................ 5 2.5 Delegation of Authority....................................................................................................... 5 2.6 Duties of the Association..................................................................................................... 5 2.7 Powers of the Association.................................................................................................... 7 2.8 Association Records; Owner Inspection............................................................................ 10 2.9 Immunity; Indemnification................................................................................................ 10 2.10 Waiver of Consequential Damages.................................................................................... 11 ARTICLE 3 GENERAL AND SPECIFIC OBLIGATIONS AND RESTRICTIONS ......... 11 3.1 Residential Use.................................................................................................................. 11 3.2 Leasing...............................................................................................................................11 3.3 Owners' Maintenance Obligations.................................................................................... 11 3.4 Nuisances........................................................................................................................... 12 3.5 No Hazardous Activities.................................................................................................... 12 3.6 Insurance Rates.................................................................................................................. 13 3.7 Vehicles and Equipment.................................................................................................... 13 3.8 Animals/Pets...................................................................................................................... 13 3.9 Assistance Animals............................................................................................................ 13 3.10 Construction and Temporary Structures............................................................................ 14 3.11 Drainage............................................................................................................................. 14 3.12 Grading.............................................................................................................................. 14 3.13 Irrigation System................................................................................................................ 14 3.14 Water Supply Systems....................................................................................................... 15 3.15 Sewage Disposal Systems.................................................................................................. 15 3.16 Energy Devices, Outside.................................................................................................... 15 3.17 Signs...................................................................................................................................15 3.18 Flags...................................................................................................................................15 3.19 Antenna.............................................................................................................................. 15 3.20 No Further Subdivision...................................................................................................... 16 3.21 Holiday Lights................................................................................................................... 16 3.22 Common Walls.................................................................................................................. 16 3.23 Window Treatments........................................................................................................... 16 3.24 Consent to Development of Commercial Parcel................................................................ 16 ARTICLE 4 ARCHITECTURAL REVIEW COMMITTEE................................................16 4.1 Creation..............................................................................................................................16 4.2 Design Requirements......................................................................................................... 17 4.3 Design Review Required................................................................................................... 17 TABLE OF CONTENTS 4.4 Landscaping....................................................................................................................... 17 4.5 Expenses............................................................................................................................ 17 4.6 Variances............................................................................................................................18 4.7 Committee Approvals........................................................................................................ 18 4.8 Immunity; Indemnification................................................................................................ 18 ARTICLE5 ASSESSMENTS....................................................................................................18 5.1 Covenant to Pay Assessments............................................................................................ 18 5.2 Regular Assessments......................................................................................................... 18 5.3 Special Assessments.......................................................................................................... 19 5.4 Limited Assessments......................................................................................................... 19 5.5 Assessment Procedures...................................................................................................... 19 5.6 Assessment Liens............................................................................................................... 19 5.7 Exemptions........................................................................................................................ 20 ARTICLE 6 RIGHTS TO COMMON AREAS....................................................................... 20 6.1 Use of Common Area........................................................................................................ 20 6.2 Delegation of Right to Use................................................................................................ 20 6.3 Association's Responsibility.............................................................................................. 21 ARTICLE7 EASEMENTS........................................................................................................ 21 7.1 Recorded Easements.......................................................................................................... 21 7.2 Easements of Encroachment.............................................................................................. 21 7.3 Easements of Access.......................................................................................................... 21 7.4 Improvements in Drainage and Utility Easements............................................................ 21 7.5 Easements Deemed Created............................................................................................... 21 7.6 Emergency Easement......................................................................................................... 21 7.7 Maintenance Easement...................................................................................................... 21 7.8 Sanitary Sewer Easements................................................................................................. 22 ARTICLE 8 COMMON DRIVEWAY AND SHARED PATHWAY .................................... 22 8.1 Common Driveway............................................................................................................ 22 8.2 Shared Pathway.................................................................................................................. 22 8.3 Operation and Maintenance............................................................................................... 23 8.4 Common Expenses............................................................................................................. 23 8.5 Construction.......................................................................................................................24 ARTICLE 9 RESOLUTION OF DISPUTES.......................................................................... 24 9.1 Agreement to Avoid Litigation.......................................................................................... 24 9.2 Exemptions........................................................................................................................ 25 9.3 Dispute Resolution............................................................................................................. 25 ARTICLE 10 INITIAL DEVELOPMENT PERIOD.............................................................. 27 10.1 Initial Development Period................................................................................................ 27 10.2 Community Management................................................................................................... 27 10.3 General Exemptions........................................................................................................... 27 10.4 Water Rights Appurtenant to Community Lands.............................................................. 28 10.5 Grantor's Exception from Assessments............................................................................. 28 TABLE OF CONTENTS 10.6 Assignment of Grantor's Rights........................................................................................ 28 ARTICLE11 TERM.................................................................................................................. 28 ARTICLE 12 ANNEXATION AND DEANNEXATION....................................................... 28 ARTICLE13 AMENDMENTS................................................................................................. 29 13.1 Prior to First Deed.............................................................................................................. 29 13.2 By Association................................................................................................................... 29 13.3 Lender Requirements......................................................................................................... 29 13.4 Government Requirements................................................................................................ 29 13.5 Effect of Amendment; Mortgage Protection...................................................................... 29 13.6 No Amendment of Required Provisions............................................................................ 29 ARTICLE14 NOTICES............................................................................................................ 30 ARTICLE15 MISCELLANEOUS........................................................................................... 30 15.1 Interpretation...................................................................................................................... 30 15.2 Governing Law.................................................................................................................. 30 15.3 Severability........................................................................................................................ 30 15.4 Entire Agreement............................................................................................................... 30 15.5 No Third Party Beneficiaries............................................................................................. 30 15.6 No Waiver.......................................................................................................................... 31 15.7 Enforcement; Remedies..................................................................................................... 31 15.8 Consents and Approvals.................................................................................................... 31 15.9 Limited License Agreement............................................................................................... 31 TABLE OF CONTENTS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY This Declaration of Covenants, Conditions, Restrictions, and Easements for the Parkway Station Community (this "Declaration") is made effective as of this _ day of , 2016, (the "Effective Date") by Parkway Station, LLC, an Idaho limited liability company ("Grantor"). Capitalized terms not otherwise defined in the text of this Declaration are defined in Article 1. Grantor owns those certain residential and common area lots legally described as follows (collectively, the "Community"): Lots 1 through 49 in Block 1, of the Twotown Parkway Subdivision, according to the Plat. Grantor desires to execute and record this Declaration to set forth the basic restrictions, covenants, limitations, easements, conditions, and equitable servitudes that will apply to the Community, which are for the purpose of protecting, enhancing, and preserving the value, amenities, desirability, and attractiveness of the Community and to ensure a well -integrated, high quality development. NOW, THEREFORE, Grantor hereby declares that the Community, and each Lot or portion therein, is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied, and improved in accordance with this Declaration, which is hereby declared to be in furtherance of the general purpose of protecting, enhancing, and preserving the value, amenities, desirability, and attractiveness of the Community and to ensure a well -integrated, high quality development. This Declaration shall (a) run with the land and shall be binding upon any person or entity having or acquiring any right, title or interest in any lot, parcel or portion of the Community; (b) inure to the benefit of every Lot or portion of the Community; and (c) inure to the benefit of and be binding upon Grantor and each Owner having or holding an interest in any Lot or portion of the Community, and their successors -in -interest. ARTICLE I DEFINITIONS "Articles" mean the Articles of Incorporation of the Association. "Assessments" mean the Regular Assessments, Special Assessments, and Limited Assessments, and together with any late charges, interest, and costs incurred in collecting the same, including without limitation attorneys' fees. "Association" means the Parkway Station Community Association, Inc., an Idaho nonprofit corporation. "Board" means the Board of Directors of the Association. "Bound Party" shall have the meaning set forth in Section 9.1. "Building Envelope" means the area within a Lot where a residential structure and accessory structures may be located, always subject to the Committee's approval. Unless otherwise designated by DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 1 OF 32 cc&m (Residential) (15 Dec 2016) Grantor, the Building Envelope shall be that portion of the Lot not located within easements or setback required by this Declaration or applicable law. "Bylaws" mean the Bylaws of the Association. "Claims" shall have the meaning set forth in Section 9.1. "Commercial Parcel" shall mean Lot 50 of Block 1 of the Twotown Parkway Subdivision, according to the Plat, as may be further subdivided. For the avoidance of any doubt, this Declaration does not apply to and does not encumber the Commercial Parcel, except as provided in Article 8 and Section 2.6.5 of this Declaration. "Committee" means the Architectural Review Committee identified in Section 4.1. "Common Area" means (a) Lots 1, 2, 11, 20, 25, 31, 36 and 45 in Block 1 of the Twotown Parkway Subdivision, according to the Plat; (b) any real or personal property held by or for the benefit of the Association, including storage facilities, recreational facilities, and open spaces (including pathways, greenbelts, and other areas that may also be open to the public and/or to owners and users of an adjacent community); and (c) any lease, license, use rights, or agreement rights for amenities or facilities held by the Association from time -to -time. "Common Driveway" has the meaning set forth in Section 8.1. "Common Driveway Owners" has the meaning set forth in Section 8.1. "Common Driveway Users" has the meaning set forth in Section 8.1. "Common Expenses" has the meaning set forth in Section 8.4. "Common Walls" has the meaning set forth in Section 3.22. "Community" shall have the meaning set forth in the first recital. "Community Documents" shall mean this Declaration, the Articles, the Bylaws, the Community Rules, the Design Requirements, and any other procedures, rules, regulations, or policies adopted under such documents by the Association or the Committee. In the event of any conflict between this Declaration and any other of the Community Documents, this Declaration shall control. "Community Rules" shall have the meaning set forth in Section 2.6.1. "Declaration" means this Declaration of Covenants, Conditions, Restrictions and Easements for the Parkway Station Community. "Design Requirements" has the meaning set forth in Section 4.2. "Expenses" shall have the meaning set forth in Section 5.2. "Fine" shall mean a sum imposed by the Board as punishment for any violation of the Community Documents. A Fine shall not include any sums to be recovered as reimbursement for expenses incurred to cure or remedy any violation of the Community Documents. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 2 OF 32 cc&Rs (Residential) (15 Dec 2016) "Grantor" shall have the meaning set forth in the introductory paragraph of this Declaration. "Home Occupation" shall have the meaning set forth in Section 3.1. "Household Pets" shall have the meaning set forth in Section 3.8. "Initial Development Period" shall have the meaning set forth in Section 10.1. "Improvement" shall mean any structure, facility, system, or object, whether permanent or temporary, which is installed, constructed, placed upon or allowed on, under, or over any portion of the Community, including residential structures, accessory buildings, club houses, pump or lift stations, fences, streets, drives, driveways, parking areas, sidewalks, pathways, bridges, bicycle paths, curbs, landscaping, walls, hedges, plantings, trees, wildlife habitat improvements, vegetation, rocks, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, recreational facilities, grading, road construction, utility improvements, trees, and the Irrigation System or any part thereof. "Irrigation System" means the system, if any, for delivering irrigation water to the Community that exists separate and apart from the potable water system, as further described in Sections 2.6.5 and 3.13 hereof. The Irrigation System includes the pipes, lines, sprinklers, controls, and other equipment within each Lot, such as the same are maintained by the Association. "Landscape Care Standards" shall have the meaning set forth in Section 2.6.4. "Limited Assessment" shall mean a charge against a particular Owner for an expense directly attributable to such Owner, equal to the cost incurred by the Association in connection with corrective action or maintenance, repair, replacement, and operation activities performed pursuant to the provisions of this Declaration, including damage to or maintenance, repair, replacement, and operation activities performed for any Common Area or the failure of an Owner to keep the Owner's Lot in proper repair, and including interest thereon as provided in this Declaration or for any goods or services provided by the Association benefiting less than all Owners. "Lot" shall mean, individually or collectively as the context may require, any of Lot 1 through Lot 49 of Block 1 as depicted on the Plat. For voting, membership, and Assessment purposes herein, the term Lot shall not include any real property owned by the Association as Common Area. "Mortgage" shall mean any mortgage, deed of trust, or other document pledging any portion of the Community or interest therein as security for the payment of a debt or obligation. "Occupant" means any resident or occupant of a Lot. "Owner" means the record owner, whether one or more persons or entities, holding fee simple interest of record to a Lot, and buyers under executory contracts of sale, but excluding those persons or entities having such interest merely as security for the performance of an obligation, unless and until such person or entity has acquired fee simple title pursuant to foreclosure or other proceedings. "Plat" shall mean the plat for the Twotown Parkway Subdivision covering any portion of the Community as recorded in the Ada County Recorder's Office. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 3 OF 32 cc&as (Residential) (15 Dec 2016) "Regular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing, and operating the Common Area, including all Improvements located thereon, and the other costs and expenses incurred to conduct the business and affairs of the Association which is levied against the Lot of each Owner by the Association pursuant to the terms of this Declaration. "Shared Area" has the meaning set forth in Section 8.3. "Shared Area Owners" has the meaning set forth in Section 8.3. "Shared Area Users" has the meaning set forth in Section 8.3. "Shared Pathway" has the meaning set forth in Section 8.2. "Shared Pathway Owners" has the meaning set forth in Section 8.2. "Shared Pathway Users" has the meaning set forth in Section 8.2. "Single Family Lot" shall mean, individually or collectively as the context may require, the residential dwellings constructed on Lots 21 through 24 and 26 through 30 in Block 1 of the Plat. "Special Assessment" shall mean that portion of the costs of the capital improvements or replacements, equipment purchases, and replacements or shortages in Regular Assessments which are authorized to be paid to the Association pursuant to the provisions of this Declaration. "Townhouse Lot" shall mean, individually or collectively as the context may require, the residential dwellings constructed on Lots 3 through 10, 12 through 19, 32 through 35, 37 through 44, and 46 through 49 in Block 1 of the Plat. ARTICLE 2 THE PARKWAY STATION COMMUNITY ASSOCIATION 2.1 Organization of the Association. Grantor has organized the Association to manage the business and affairs of the Community in accordance with applicable law and the Community Documents. 2.2 Membership. Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a member of the Association, and no Owner shall have more than one membership per Lot in the Association. Memberships in the Association shall be appurtenant to, and may not be separated from, ownership of a Lot. Membership in the Association shall not be transferred, pledged, assigned, or alienated in any way except upon the transfer of the Lot that such membership is appurtenant to. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 2.3 Membership Meetings; Voting. The Association shall hold an annual member's meeting and periodic special meetings as set forth in the Bylaws. Each Owner shall be entitled to one vote as a member in the Association for each Lot owned by that Owner (subject to Grantor's rights during the Initial Development Period). DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 4 OF 32 cc&as (Residential) (15 Dec 2016) 2.4 Board of Directors. The business and affairs of the Association shall be managed by the Board. The Board shall consist of not less than three (3) directors and no more than five (5) directors. Directors need not be Owners. During the Initial Development Period, Grantor shall have the exclusive right to appoint, remove, and replace directors at anytime and from time -to -time in Grantor's sole discretion. After the Initial Development Period, the Owners shall have the right to appoint, remove, or replace directors as provided in the Bylaws. Any vacancy on the Board may be filled by majority vote of the remaining Directors, through a special election at any meeting of the Board. 2.5 Delegation of Authority. The Board may at any time (and from time -to -time) delegate all or any portion of its powers and duties to committees, officers, employees, or to any person or entity to act as manager. The Association shall employ or contract for the services of a professional manager or management company to manage the day-to-day affairs of the Association. No such employment or contract shall have a term of more than one (1) year. If such manager is Grantor or Grantor's affiliate, such contract shall be subject to cancellation by the Association with or without cause and without payment of a termination fee so long as the Association provides at least thirty (30) days' prior notice of termination. 2.6 Duties of the Association. The Association shall have all the powers of a nonprofit corporation organized under Idaho law and all of the powers and duties set forth in the Community Documents, including the power to perform any and all acts which may be necessary to, proper for, or incidental to the foregoing powers. The Association or its authorized agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners and to perform the following duties: 2.6.1 Communi Rules. Adopt, amend, and repeal such rules and regulations as the Association deems reasonable and appropriate to govern the Community (the "Community Rules"), which may include rules and regulations regarding: (a) the use of the Common Area (including as to storage and parking) and the Irrigation System; (b) imposition of fines for violation of Community Rules (subject to applicable law, such as Idaho Code § 55-115); and (c) procedures in the conduct of business and affairs of the Association. Except when inconsistent with this Declaration, the Community Rules shall have the same force and effect as if they were set forth in and were made a part of this Declaration. 2.6.2 Common Area. Acquire, dispose of, manage, operate, maintain, repair, and replace the Common Areas for the benefit of the Community; provided, however, except as permitted under Section 2.7.3 hereof, no interest in the Common Area shall be disposed of without the approval by the vote or written consent of Owners representing more than sixty-five percent (65%) of the total voting power in the Association. The Association shall also be obligated to comply with its duties pursuant to Article 8 hereof with respect to the Common Driveway and Shared Pathway. 2.6.3 Townhouse Lots. Maintain the exterior of the residential dwellings on the Townhouse Lots in good condition and repair, and charge each Townhouse Lot Owner for such maintenance work as Regular Assessments. 2.6.4 Common Landscape Maintenance. Maintain some or all of the landscaping upon any Lot in accordance with the landscape care and maintenance standards promulgated by the Board from time -to -time ("Landscape Care Standards"), and subject to the Community Rules. "Care and maintenance" shall include, as necessary: (a) weeding, cutting, trimming, aerating, and DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 5 OF 32 cc&as (Residential) (15 Dec 2016) fertilizing ordinary landscaping, as well as removing and replacing diseased and dead landscaping; and (b) operating, maintaining, repairing, and replacing an automatic sprinkler system for ordinary landscape maintenance. The Landscape Care Standards shall take into account any provisions regarding landscaping in the Findings of Fact, Conclusions of Law and Recommendation of the Garden City Council for the Twotown Parkway Subdivision dated as of March 28, 2016. Landscape Care Standards do not include the repair or replacement of any landscaping or sprinkler system that is damaged or destroyed by abuse, misuse, or vandalism. For purposes of this Declaration, unusual or excessive damage or death of landscaping shall be presumed to be "abuse, misuse, or vandalism." The Association may charge the Owner of any Lot for the cost of repairing or replacing any landscaping, sprinkler system or other improvement damaged by abuse, misuse, or vandalism. Any Owner may, by request to the Board and upon the Board's subsequent approval in the Board's sole discretion, elect to have its Lot (or any portion thereof) removed from the Association's common landscape care and maintenance program. In such event such Owner shall: (a) maintain, at its own expense, the landscaping on its Lot in accordance with Landscape Care Standards; and (b) not be entitled to any reduction of any Assessments on such Lot. 2.6.5 Ir ri atg ion S sy tem. Construct, install, maintain, repair, replace, and operate the Irrigation System, including that portion of the Irrigation System within each Lot. The Association may operate the Irrigation System as part of a common irrigation water supply arrangement with neighboring properties, including other properties in Twotown Parkway Subdivision, and each Owner shall be entitled to use the Irrigation System in accordance with, and subject to, the Community Rules. The Commercial Parcel shall be entitled to use water from the Irrigation System, and shall pay reasonable charges in connection therewith. 2.6.6 Storm Water Disposal System. Maintain, repair, and replace the storm water disposal system located in Common Areas, including any repair of the storm water disposal system necessary due to pipeline maintenance or replacement undertaken by the City of Garden City. 2.6.7 Taxes. Pay all real and personal property taxes and assessments (if any) levied against the Common Area, the Association, and any other property owned by the Association. In addition, the Association shall pay all taxes, including income, revenue, corporate, or other taxes (if any) levied against the Association. 2.6.8 Insurance. Obtain such bonds and insurance as may be required by applicable law and such further insurance as the Board deems necessary or prudent, including casualty insurance for any property or Improvements owned or maintained by the Association, public liability insurance related to the Association's operations and the use of the Common Area, directors and officers liability coverage, automobile insurance, worker's compensation insurance, and fidelity bonds. Unless otherwise authorized by Grantor, the Association shall procure at least the following insurance policies to the extent such policies are available on commercially reasonable terms: 2.6.8.1 Casualty insurance on all insurable personal property and Improvements owned by the Association or for which the Association bears risk of loss, which insurance shall be for the full replacement cost thereof without optional deductibles; DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 6 OF 32 cm., (Residential) (15 Dec 2016) 2.6.8.2 Worker's compensation insurance and employer's liability coverage as required by law; 2.6.8.3 Broad form comprehensive public liability insurance insuring the Association, the Board, the Committee and their respective agents and employees against any liability incident to the ownership or use of the Common Area; which insurance shall be for not less than One Million Dollars ($1,000,000) per occurrence with respect to personal injury/sickness/death and One Million Dollars ($1,000,000) per occurrence with respect to property damage; and 2.6.8.4 Full coverage directors' and officers' liability insurance with a limit of at least Two Hundred Fifty Thousand Dollars ($250,000). 2.6.8.5 A policy of homeowners' insurance for all Townhouse and Single Family Lots in such amount as shall provide for full replacement thereof, including, but not limited to, those costs associated with rebuilding, design, any required permits, legal fees and any other fees associated with the replacement of such Lot(s), in the event of damage or destruction from the casualty against which such insurance is obtained. Such insurance shall include fire and extended coverage, vandalism and mischief, and such other risks and hazards against which the Association shall deem it appropriate to provide insurance protection. The premium for such policies shall be charged to Townhouse and Single Family Lot Owners as Regular Assessments. Notwithstanding the foregoing, each Townhouse and Single Family Lot Owner must obtain insurance at such Owner's expense providing coverage upon such Owner's personal property, personal liability, and covering such other risks as such Owner may deem appropriate, but each policy shall provide that it does not diminish the insurance carrier's coverage for liability arising under insurance policies which the Association obtains pursuant to this section. The proceeds of any insurance collected pursuant to Section 2.6.8.5 shall be available to the Association for the purpose of repair or reconstruction. If the proceeds of the insurance are insufficient to pay the estimated or actual cost of such repair or reconstruction, the Association may levy in advance a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair or reconstruction. All of the Lot Owners irrevocably constitute and appoint the Association their true and lawful attorney -in -fact in their name, place and stead for the purpose of dealing with the their Lot upon the Lot's damage or destruction. The Association may take all necessary or appropriate action to effect repair or reconstruction, as attorney -in -fact for the Lot Owners, and no consent or other action by any such Owner shall be necessary in connection therewith. 2.6.9 Entitlement Obli a� tions. Fulfill any duties imposed by any governmental or other quasi -governmental agencies as part of the entitlements for the development of Community, including any requirements or obligations identified in such entitlements as the responsibility of the community association or homeowners' association, such as plat notes, development agreements, or conditions of approval. 2.7 Powers of the Association. In addition to the duties described in Section 2.6 above, the Association shall also have the power to perform any and all acts which may be necessary to, proper for, or incidental to its duties and/or the foregoing powers: DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 7 OF 32 cc&F, (Residential) (15 Dec 2016) 2.7.1 Improvements. The power and authority to construct, install, maintain, repair, replace, and operate any Improvements in any Common Area, any public right-of-way serving the Community, or any other location deemed by the Board to benefit the Community, including any fences, signs, or other Improvements at Community entrances or otherwise in the vicinity of the Community, and any berms, retaining walls, fences, and water amenities within or abutting any Common Area. 2.7.2 Entry onto Lots. The power and authority to enter upon any Lot (but not inside any building constructed thereon) in the event of any emergency involving potential danger to life or property or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner of such Lot as practical under the circumstances, and any damage caused thereby shall be repaired by and at the expense of the Association. 2.7.3 Licenses Easements and Rights-oL-Wa The power to grant and convey to any third party such licenses, easements, and rights -of -way in, on, or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation, and enjoyment of the same, and for the preservation of the health, safety, convenience, welfare of the Community, for the purpose of constructing, erecting, operating, or maintaining any of the following: 2.7.3.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or electronic signals for lighting, heating, power, telephone, television or other purposes, and the above -ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; 2.7.3.2 Public and other sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public or quasi -public improvements or facilities; and 2.7.3.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, fencing and landscaping abutting Common Areas, public and private streets or land conveyed for any public or quasi -public purpose including pedestrian and bicycle pathways. 2.7.4 Amenity Agreements. The power and authority to enter into any lease, license, use, or other agreements as the Board deems proper or convenient to secure the use of off -site amenities or facilities for the benefit of the Community. Without limiting the generality of the foregoing, and only by way of example, the Association may enter into such agreements with others for the use of any recreational amenities or facilities, including clubhouses and swimming pools, by the Owners on such terms as the Association deems reasonable or prudent. In such event, any costs incurred by the Association related thereto shall be Expenses, and such Expenses shall be included in the Regular Assessments. 2.7.5 Reserves. The power and authority to establish and fund such operating and capital reserves as the Board deems necessary or prudent. 2.7.6 Financing. The power and authority to enter into any agreements necessary or convenient to allow Owners to take full advantage of, or secure the full availability of, any financing programs offered or supported by the Federal National Mortgage Association (FNMA), DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 8 OF 32 CURS (Residential) (15 Dec 2016) the Government National Mortgage Association (GNMA), the Federal Housing Administration (FHA), the Veterans Administration (VA), the Federal Home Loan Mortgage Corporation (FHLMC), or any similar entity. 2.7.7 Estoppel Certificates. The power and authority to execute a written statement stating (a) whether or not, to the knowledge of the Association, a particular Owner or Owner's Lot is in default of this Declaration; (b) the dates to which any Assessments have been paid by a particular Owner, and (c) such other matters as the Board deems reasonable. Any such certificate may be relied upon by a bona -fide prospective purchaser or mortgagee of such Owner's Lot, but only to the extent such prospective purchaser or mortgagee has no knowledge to the contrary. The Association may charge a reasonable fee for such statements. 2.7.8 Enforcement. The power and authority at anytime and from time -to -time, on its own behalf or on behalf of any consenting Owners, to take any action, including any legal action, to prevent, restrain, enjoin, enforce, or remedy any breach or threatened breach of the Community Documents. The power of enforcement includes: 2.7.8.1 The right to remove, alter, rebuild, or restore any Improvements constructed, reconstructed, refinished, added, altered, or maintained in violation of the Community Documents. If such Improvements are located on a Lot, the Association shall first provide the Owner thereof with a notice specifying the default and a reasonable opportunity to cure (not to exceed ten (10) days), and the Owner of the Improvements shall immediately reimburse the Association for all expenses incurred with such notice and enforcement action. 2.7.8.2 The right to impose Assessments, fines and charges upon the Owners, and the right to enforce the obligations of the Owners to pay each and every Assessment, fine or charge provided for in the Community Documents, all in accordance with applicable laws. 2.7.8.3 The right to perform any duty or obligation of an Owner under the Community Documents if such duty or obligation is not timely performed by such Owner. In such event, the defaulting Owner shall immediately reimburse the Association for all costs reasonably incurred by the Association in performing such duty or obligation. Except in the event of an emergency, the Association shall provide the defaulting Owner with a notice specifying the default and a reasonable period (no less than five (5) days and no more than thirty (30) days) to cure prior to exercising its power and authority hereunder. 2.7.8.4 The right to authorize variances from the requirements of this Declaration when required by applicable law (such as the Fair Housing Act) or when needed to prevent the requirements would impose an undue hardship on an Owner that would be inequitable for such Owner to bear. The granting of a variance shall not waive any element of the Declaration for any purpose except as to the particular Lot and the particular provision covered by the variance. Approval of a variance shall not affect the Owner's obligation to comply with the other elements of this Declaration or applicable law. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 9 OF 32 cc&F,s (Residential) (15 Dec 2016) If the Association employs attorneys to collect any Assessment or charge, whether by suit or otherwise, or to otherwise enforce compliance with the Community Documents, the Association shall be entitled to recover its reasonable attorneys' fees in addition to any other relief or remedy obtained. 2.7.10 Improvements in the Public Ripht-of-Way. The power and authority to enter into license agreements with the Ada County Highway District (or assume the duties and obligations under any such license agreement entered into by Grantor) to install, maintain, improve, irrigate, trim, repair, and replace improvements and landscaping in the public rights -of -way (including sidewalk easements and planter strips). 2.7.11 Open Space Corridors. The power and authority to enter into agreements with any governmental entity, utility provider, irrigation company, conservation organization, or any other public or private entity (or assume any such agreement entered into by Grantor) to improve, operate, maintain, repair, or replace any wildlife, open space, recreation, pathway, greenbelt, or trail spaces, either for the benefit of the Community or the general public. 2.7.12 Professional Mana eement. The power and authority to hire a professional management company(ies) to manage the day-to-day affairs of the Association, to provide landscape, maintenance and other services for the Common Areas, Shared Areas, and the Lots as provided hereunder, and for such other matters as the Association deems necessary or appropriate. 2.7.13 Other. Such other and further powers as the Board deems reasonable and appropriate, it being the intent of Grantor that the Association have broad power and authority consistent with the Community Documents and applicable law. 2.8 Association Records; Owner Inspection. The Association shall keep such records of its business and affairs as is customary for community or homeowner associations, including a membership register, accounting records, financial statements, operating budgets, balance sheets, and minutes of meetings of the Board, members, and committees. Such records shall be available at the Association's regular offices for inspection and copying by any Owner at such Owner's expense. The Board may establish reasonable rules with respect to: (a) notice to be given to the custodians of the records by persons desiring to make the inspection; (b) hours and days of the week when such an inspection may be made; and (c) payment of the cost of reproducing copies of documents requested pursuant to this Section 2.8. The Association's obligations hereunder may be fulfilled by making the records available to an Owner electronically, including delivery by electronic mail or the posting of such records on a website. 2.9 Immunity; Indemnification. Each Owner understands and agrees that Grantor, the Association, the Association's manager (if any), the Committee, and the directors, officers, agents, employees, and committee members of any of them (each individually a "Released Party") shall be immune from personal liability to such Owner or any other person, and such Owner hereby knowingly and voluntarily waives and releases each Released Party, for such Released Party's actions or failure to act with respect to the Community Documents that does not constitute gross negligence or willful misconduct on the part of such Released Party. The Association shall indemnify, defend and hold each Released Party harmless from any action, expense, loss, or damage caused by or resulting from such Released Party's actions or failure to act with respect to the Community Documents; provided, however, the Association shall not be obligated to indemnify, defend, and hold harmless any Released Party for their own gross negligence or willful misconduct. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 10 OF 32 cc&R.s (Residential) (15 Dec 2016) 2.10 Waiver of Consequential Damages. The Association shall not be liable to any Owner, and each Owner releases the Association from any form of indirect, special, punitive, exemplary, incidental or consequential or similar costs, expenses, damages or losses. ARTICLE 3 GENERAL AND SPECIFIC OBLIGATIONS AND RESTRICTIONS 3.1 Residential Use. All Lots shall be used exclusively for residential purposes and other uses incidental thereto as permitted under any applicable law (provided that it is understood and agreed that Lot 1 will provide access to the Commercial Parcel). Except for Home Occupations permitted pursuant to this Section, no Lot shall be used at any time for commercial or business activity. A "Home Occupation" shall be any gainful occupation conducted on a Lot by an Occupant of the Lot. A Lot may be used for a home office or studio of not more than 500 square feet in size and that is entirely within a dwelling or accessory structure, provided that such Home Occupation is conducted in accordance with the other terms and limitations of the Community Documents and applicable law. A Lot may be used for other Home Occupations only upon the specific approval of the Association, which approval may be subject to such requirements and conditions as the Association deems appropriate, and such Home Occupation must be conducted in accordance with the other terms and limitations of the Community Documents and applicable law. No Home Occupation may: (a) involve highly combustible materials; (b) involve retail operations; (c) use equipment or tools where the dimensions, weight, or power rating are beyond normal household equipment or tools; (d) cause abnormal automotive or pedestrian traffic in the Community, (e) be, in the reasonable opinion of the Association, objectionable due to unsightliness, odor, dust, smoke, noise, glare, heat, vibration, or similar disturbances, (f) involve dispatch activities where employees meet in the Community and are sent to other locations; (g) be in violation of any applicable federal, state, or local law, rule, regulation, or ordinance; or (h) involve other uses that, in the reasonable opinion of the Association, would detract from the residential character of the Community. It shall not be a violation of this Section for an Owner to lease its Lot and the Improvements thereon in accordance with Section 3.2, 3.2 Leasing. In order to foster and maintain the stable, residential character of the Community and to preserve the Community values, no Owner may lease, in whole or part, such Owner's Lot or the primary residential dwelling located thereon to any person or entity except as expressly permitted in this Section 3.2. For purposes of Section 3.1 and this Section 3.2, the term "lease" as applied to a Lot shall be deemed to include, without limitation, any rental, letting, subletting, demising, or assignment of any interest, estate or right of use, enjoyment, occupancy, or possession of any Lot (or portion thereof) to any entity or a person who is not a member of such Owner's family. For purposes of Section 3.1 and this Section 3.2, a "member of such Owner's family" shall be defined as any person who is related to the Owner by blood, legal marriage, or legal adoption. An Owner may lease its entire Lot to any tenant comprised as of a single housekeeping unit so long as such lease is for a term of six (6) months or greater. For purposes of this Section, the term "single housekeeping unit" shall be one or more individuals (but no more than five (5) unrelated individuals) living together sharing household responsibilities and activities which may include, sharing expenses, chores, eating evening meals together, and participating in recreational activities and having close social, economic, and psychological commitments to each other. An Owner who leases a Lot shall be fully responsible for the conduct and activities of such Owner's tenant as if such Owner were the tenant. Any Owner who leases a Lot shall comply with the Fair Housing Act to the extent it applies to such Owner. 3.3 Owners' Maintenance Obligations. Each Single Family Lot Owner shall keep all Improvements on such Owner's Lot in good condition and repair. The Association shall be responsible DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 11 OF 32 cc&ps (Residential) (15 Dec 2016) for the maintenance of the Improvements on the Townhouse Lots (in accordance with Section 2.6.3), except for those portions of the Townhouse Lots designated to be maintained by a Townhouse Lot Owner in the Community Rules, as may be established from time to time. In the event that any Single Family Lot Owner permits any Improvement on such Owner's Lot to fall into disrepair such that it, in the judgment of the Association, creates an unsafe, unsightly, or unattractive condition, the Association may, upon thirty (30) days' prior notice to the Owner of such Lot, enter upon such Owner's Lot and take such action as the Association deems necessary or appropriate to correct such condition. Without limiting the generality of the foregoing, this Section 3.3 shall apply to any Owner who negligently, recklessly, or intentionally destroys all or any portion of the Irrigation System or the landscaping on its Lot, notwithstanding the fact that the Irrigation System is owned by the Association, regardless of whether the Owner has opted to be removed from the Association's common landscape care and maintenance program. The Owner shall pay all amounts due for such work within ten (10) days after receipt of the Association's demand therefor and such amounts shall be a Limited Assessment against such Owner and such Lot. Each Owner hereby designates the Association as the Owner's agent for purposes of Idaho's mechanic's lien statute (i.e., Idaho Code § 45-501 et seq.), and each laborer, material supplier, or other person who performs work on such Owner's Lot at the direction of the Association shall have a mechanic's lien against the Owner's Lot for such work. 3.4 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Community, including the Common Area or vacant Lots, and no odor shall be permitted to arise from any portion of the Community so as to render the Community or any portion thereof unsanitary, unsightly, offensive, or detrimental to the Community, or to any other property in the vicinity of the Community. No business or Home Occupation, no noise, no exterior fires, no obstructions of pedestrian walkways, no unsightliness, and no other nuisance shall be permitted to exist or operate upon any portion of the Community so as to be offensive or detrimental to the Community or to its occupants or residents or to other property in the vicinity, as determined by the Association, in its reasonable judgment, or in violation of any federal, state, or local law, rule, regulation, or ordinance. Without limiting the generality of any of the foregoing, no whistles, bells, or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Committee), flashing lights or search lights shall be located, used, or placed on the Community without the Committee's approval. No unsightly articles shall be permitted to remain on any Lot so as to be visible from any other portion of the Community. Without limiting the generality of the foregoing, refuse, garbage, trash, equipment, gas canisters, propane gas tanks, barbecue equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk material, and scrap shall be kept at all times in such containers and in areas approved by the Committee. Trash cans and other trash receptacles, including recycling cans and receptacles, shall not be visible except between 5:00 AM and 8:00 PM on the day selected by the trash collector for trash and recycling pick-up. No clothing or fabric shall be hung, dried or aired in such a way as to be visible to any other portion of the Community. No basketball hoops or poles, whether permanent or moveable, are permitted within the Community except as the same are installed by the Association in the Common Areas. No major appliances (such as clothes washers, dryers, refrigerators, or freezers) may be kept, stored, or operated on any balcony, patio, porch, or other exterior area of any Improvement. Window air- conditioning units are not allowed. Windows shall be covered only by drapes, shades or shutters and shall not be painted or covered by foil, cardboard, sheets, or similar materials. 3.5 No Hazardous Activities. No activities shall be conducted on the Community, and no Improvements shall be constructed in the Community which are or might be unsafe or hazardous to any Occupant. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 12 OF 32 cc&p, (Residential) (15 Dec 2016) 3.6 Insurance Rates. Nothing shall be done or kept on any Lot which will increase the rate of or cancel any insurance on any other portion of the Community without the approval of the Owner of such other portion, nor shall anything be done or kept on the Community or a Lot which would result in the cancellation of insurance on any portion of the Community owned or managed by the Association or which would be in violation of any law. 3.7 Vehicles and Equipment. All on -street parking shall be limited to those specific areas where on -street parking is not expressly prohibited by the governmental or quasi -governmental agencies with responsibility therefor. Vehicles shall not extend or otherwise be permitted on or into any sidewalk, bicycle path, or pedestrian path unless such vehicle is engaged in an emergency procedure, or as provided elsewhere in the Community Documents. No motor homes, motor coaches, recreational vehicles, campers, trailers, snowmobiles, aircraft, boats, recreational vehicles, all -terrain vehicles, abandoned or inoperable vehicles (defined as any vehicle which has not been driven under its own propulsion for a period of forty-eight (48) hours or longer), oversized vehicles (defined as vehicles which are too high or too wide to clear the entrance of a standard residential garage door opening), dilapidated, unrepaired and unsightly vehicles, or similar equipment such as snow removal equipment, garden maintenance equipment, and/or any other unsightly equipment or machinery shall be placed upon any portion of the Community, including but not limited to streets, parking areas and driveways, unless the same are located on a concrete pad and enclosed by a structure concealing them from view in a manner approved by the Committee. To the extent possible, garage doors shall remain closed at all times. Electric, gas, or other fuel operated gardening, yard, or snow removal equipment shall only be operated from 7:00 a.m. to 9:00 p.m., subject to applicable law. 3.8 Animals/Pets. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot except that Household Pets (defined below) may be kept for an Owner's personal use provided that (a) such Household Pets are not bred or maintained for any commercial purpose, (b) no more than two (2) of any combination of domesticated dogs or domesticated cats may be kept on a Lot, and (c) any such Household Pets shall be properly restrained and controlled at any time they are within the Community. "Household Pets" shall mean generally recognized household pets that are customarily kept as indoor pets, such as domesticated dogs, domesticated cats, fish, birds (excluding hens and chickens), rodents, and non-poisonous reptiles. Household Pets shall not include livestock, poultry (including hens and chickens), swine, or waterfowl. Household Pets shall not be kept which unreasonably bother or constitute a nuisance to other Owners. Any Noisy Animal (defined below), any vicious animal, any non - domestic household pet or any animal which damages or destroys property shall be deemed a nuisance. Excessive or untimely barking, molesting passersby, chasing vehicles, pursuing or attacking other animals, including wildlife, and trespassing upon private property in such a manner as to damage the Community shall also be deemed a nuisance. A "Noisy Animal' means any animal which habitually or frequently disturbs the sleep, peace, or quiet of any Occupant. Owners shall contact the local animal control agency regarding Noisy Animals prior to complaining to the Board about such animals. Any costs associated with responding to complaints of a Noisy Animal or nuisance pet may be levied against an Owner as a Limited Assessment. The Owner of a Lot where a Household Pet is kept, as well as the legal owner of the Household Pet (if not such Owner), shall be jointly and severally liable for any and all damage and destruction caused by the Household Pet, and for any clean-up of any Common Area, roads, or other property necessitated by such Household Pet. 3.9 Assistance Animals. Assistance animals are welcome in the Community in accordance with the Fair Housing Act (42 U.S.C. § 3601 et seq., as amended) and the implementing regulations promulgated thereunder. An assistance animal shall be as defined in the Fair Housing Act, which is currently any animal needed by a disabled individual to have an equal opportunity to use and enjoy a DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 13 OF 32 cc&p. (Residential) (15 Dec 2016) dwelling. Examples of assistance animals are guide animals, animals that alert people who are deaf, animals that pull a wheelchair, animals that alert and protect a guest who is having a seizure, animals that remind an individual with mental illness to take prescribed medications, animals that calm an individual with Post Traumatic Stress Disorder (PTSD) during an anxiety attack and animals that provide comfort or emotional support. Assistance animals in training are to be treated as assistance animals, even if the handler is not disabled. An assistance animal need not be licensed or certified by any government. Individuals with assistance animals shall not be treated less favorably than other residents or charged fees that are not charged to other residents without animals. The Association shall have the right, to the extent permitted under the Fair Housing Act, to prohibit or restrict any assistance animal that: (a) is out of control and the handler does not take effective action to control it; or (b) the animal's behavior poses a threat to the health or safety of others. Any individual who brings an assistance animal on the Community is financially and legally responsible for any injury or damage caused by such assistance animal, and for any clean-up of Common Areas, roads or other property necessitated by such assistance animal. 3.10 Construction and Temporary Structures. During the course of construction, no trailer houses or similar mobile units designed for overnight accommodations shall be parked on any street. No trailer, tent, shack, garage, barn, or other unattached structure erected on a Lot shall, at any time, be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building of any kind shall be erected or maintained on a Lot prior to the construction of the Improvements thereon. The construction of Improvements shall be prosecuted diligently and continuously from the time of commencement thereof until such Improvements are fully completed and painted. The construction site shall be cleaned of trash and debris nightly and maintained in a non -nuisance condition. 3.11 Drainage. No Owner shall interfere with the established drainage pattern over any portion of the Community, unless adequate alternative provisions for proper drainage have first been approved by the Committee and properly installed. For the purposes hereof, "established" drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall grading of any portion of the Community is completed by Grantor, or that drainage which is shown on any plans approved by the Committee, which may include drainage from Common Area over any Lot in the Community. Any proposed changes to the drainage system must be approved by the City of Garden City. The drainage system is not to be modified from the drainage plan approved by the City of Garden City, as may be modified and amended from time to time. 3.12 Grading. Except as provided in Section 3.11, no Lot shall drain onto, over, across or under the Common Area or an adjacent Lot. The Owner of any Lot within the Community in which grading or other work has been performed pursuant to a grading plan approved by any public agency, or by the Committee, shall maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures, means or devices which are not the responsibility of any public agency, and plantings and ground cover installed or completed thereon. 3.13 Irrigation System. The Association shall own, operate and maintain the Irrigation System for the Community, which system may be part of a joint irrigation system with neighboring properties. Each Owner shall connect its Lot(s) to the Irrigation System, if available, upon the earlier to occur of the issuance of a certificate of occupancy or nine (9) months after the issuance of a building permit to ensure that all required landscaping is maintained in a high quality and first class condition in accordance with the Community Documents. Each Owner acknowledges that Irrigation System water may be inadequate, particularly during low water years and seasons, and that each Owner is not guaranteed any specific amount of water for use on such Owner's Lot. No Owner shall modify any portion of the Irrigation System, including that portion of the Irrigation System on the Owner's Lot. The DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 14 OF 32 ccRRs (Residential) (15 Dec 2016) Association may promulgate rules and regulations, including water use schedules, controlling the allocation, distribution and flow of water among the various Lots. Each Owner hereby agrees to comply with such rules and regulations. In addition, each Owner acknowledges and agrees that it is the obligation of Owner to determine the amount of water needed to irrigate Owner's homesite, and to ensure that the grading and drainage pattern established on such homesite is adequate to drain irrigation water away from the residential dwelling improvements located on such homesite. Water from the Irrigation System is unfit for human consumption. It contains untreated surface water that may contain disease causing organisms and/or other contaminants. Surface water can also contain agricultural chemicals that can be hazardous to health. Drinking the water from the Irrigation System will likely result in sickness, and in some cases, death or permanent disability. It is Owner's responsibility to ensure that all irrigation water faucets and risers are adequately marked and/or identified for Owner's safety. It is also Owner's responsibility to ensure that no cross -connections between the Irrigation System and the potable water system were made by previous Owner(s), if any 3.14 Water Supply Systems. No separate or individual water supply system, regardless of the proposed use of the water to be delivered by such system, shall be permitted on any Lot unless such system is approved by all government authorities having jurisdiction and designed, located, constructed, and equipped in accordance with the requirements, standards, and recommendations of the Committee. 3.15 Sewage Disposal Systems. No individual sewage disposal system shall be used on the Community. Each Owner shall connect the appropriate facilities on such Owner's Lot to the public sewer system and pay all charges assessed thereon. 3.16 Energy Devices, Outside. No energy production devices or generators of any kind (such as solar energy devices or windmills) shall be constructed or maintained on any portion of the Community without the Committee's approval, except for mechanical equipment shown in the plans approved by the Committee. This Section shall not apply to passive solar energy systems incorporated into the approved design of a residential structure. 3.17 Signs. No more than one (1) sign shall be allowed on any Lot at the same time to advertise the Lot for sale or to advertise the Lot during the course of construction. No sign of any kind shall be displayed to the public view more than six (6) square feet in size and not more than three (3) feet above grade. The Association may erect and maintain identification signs, street signs, and other appropriate informational signs upon the Common Area or upon utility easements of a size and design approved by the Committee. No other signs shall be placed or maintained upon the Common Area. Directional and open house signs may be used during open house time periods only. All Lot signs must be removed within thirty (30) days after occupancy. Signs advertising a Lot for rent or lease are not allowed anywhere within the Community. Political signs are permitted for up to thirty (30) days prior to a primary or general election, and shall be removed within two (2) days after an election. 3.18 Flags. No flags, banners, windsocks or similar items are permitted within the Community except for a standard American flag that is no larger than three (3) feet in length. 3.19 Antenna; Satellite Dishes. All exterior radio antenna, television antenna, satellite dishes, or other such devices of any type shall be installed on the rear of the residential structure on the Lot, or within four (4) feet of the rear of the structure on any such structure's side walls. All such devises shall be screened by a fence, landscaping, or similar structures in accordance with the Design Requirements, or as otherwise required to ensure the safety of the residents of the Community, except that screening shall not be required where it would unreasonably delay installation or unreasonably increase the cost of DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 15 OF 32 CURS (Residential) (15 Dec 2016) installation, maintenance, or use thereof, or preclude the reception of an acceptable quality signal. No such device may be installed until after an Owner has received Committee approval for construction of residential Improvements on the Owner's Lot 3.20 No Further Subdivision. No Lot may be further subdivided unless the subdivision is approved by the Board, and then only in accordance with applicable law. 3.21 Holiday Lights. Winter holiday decorations and lighting displays are permitted starting on November 15 of each year and must be removed by January 15 of the following year. Any other holiday decorations or lighting displays (such as Halloween) are permitted up to fifteen (15) days prior to the holiday and must be removed within three (3) days after the holiday. 3.22 Common Walls. The Townhouse Lots shall be townhouses separated by common wall assemblies that meet the requirements for townhouses under applicable laws, including the International Residential Code ("Common Walls"). Each townhouse dwelling shall be constructed such that all of its structural elements are located entirely on its Townhouse Lot, including the portions of the Common Wall that such townhouse dwelling uses for structural and lateral support (provided, however, lateral ties are allowed as permitted by law). Each Owner shall be responsible for maintaining, repairing, and replacing that portion of the Common Wall that is located on such Owner's Townhouse Lot such that it remains in good condition free of structural defects. If such Owner's portion of the Common Wall is damaged by any cause (casualty or otherwise), then such Owner shall promptly restore such portion of the Common Wall in a safe and lawful condition. Subject to the Community Rules, there shall be reciprocal easements of ingress and egress for each Owner of a Townhouse Lot over the adjacent ten (10) feet of adjoining Townhouse Lots (but not inside of any townhouse dwelling) for reasonable and necessary maintenance and repair of the Common Walls. 3.23 Window Treatments. All window treatments that are visible from the exterior of a Lot shall not cause the exterior of the Lot to be unsightly, and the Association has the authority to adopt reasonable rules with respect thereto so as to provide for a consistent and aesthetically pleasing appearance. 3.24 Consent to Development of Commercial Parcel. Each Owner understands and agrees that the Parkway Station Community is planned to be a mixed use commercial and residential development, and that the mixed use portion of the community, to be located on the Commercial Parcel, is an integral part of the project. Neither the Association nor the Grantor makes any guaranties, representations or warranties as to the type of businesses that may be located on the Commercial Parcel. Each Owner expressly consents to the development of the Commercial Parcel in accordance with applicable development approvals obtained from the City of Garden City, as such approvals may be amended or changed from time to time, and each Owner waives its right to contest the development of the Commercial Parcel in any local or administrative proceeding. ARTICLE 4 ARCHITECTURAL REVIEW COMMITTEE 4.1 Creation. The Board shall appoint no less than three (3) and no more than five (5) individuals to serve on the Architectural Review Committee (the "Committee"). The Board shall have the exclusive right to appoint, remove, and replace Committee members at any time with or without cause. If a vacancy on the Committee occurs and the Board has not yet appointed a replacement, the DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 16 OF 32 ccm, (Residential) (15 Dec 2016) remaining Committee members may appoint an acting member to serve until the Board appoints a replacement. Committee members need not be an Owner. 4.2 Design Requirements. The Committee shall have the power and authority to adopt, amend, and repeal such rules and regulations as the Committee deems reasonable and appropriate to ensure that all Improvements in the Community conform and harmonize as to external design, quality and type of construction, architectural character, materials, color, location in the Building Envelope, height, grade and finish ground elevation, natural conditions, landscaping, and other design or aesthetic considerations, and are in substantial compliance with the architectural schematics and landscape plan as approved by the Garden City Design Review Committee, as may be modified and amended from time to time (the "Design Requirements"). The Design Requirements may include rules and regulations to: (a) protect the special qualities of the Community; (b) encourage creative design; (c) provide general architectural, design and construction guidelines; (d) landscape guidelines (including a description of existing, natural conditions and vegetation); (e) submittal and review procedures; (f) fees and charges for review; and (g) penalties for noncompliance. The Design Requirements shall be drafted to conform to this Declaration, and in the event of a conflict between the Design Requirements and this Declaration, this Declaration shall govern. In the event that any provision of the Design Requirements are deemed ambiguous on any matter, the Committee's interpretation of such provision shall be given deference so long as the interpretation is a permissible construction of such provision. 4.3 Design Review Required. No Owner shall construct, reconstruct, alter, install, or remove any Improvements except with the Committee's approval. The Committee shall review, study, and either approve or reject the proposed Improvements in the Community, all in compliance with the Declaration and the Design Requirements. Except as otherwise set forth herein, any action or decision made by a majority of the Committee shall be the binding decision of the entire Committee. The Committee is authorized to retain the services of one or more consulting architects, landscape architects, engineers, designers, and other consultants to advise and assist the Committee on a single project, on a number of projects, or on a continuing basis. The actions of the Committee in the exercise of its discretion by its approval or disapproval of the proposed Improvements on the Community, or with respect to any other matter before it, shall be conclusive and binding on all interested parties. The Committee shall not direct or control the interior layout or interior design of residential structures except to the extent incidentally necessitated by use, size, and height restrictions. 4.4 Landscaping. No fences, hedges, or retaining walls shall be installed or maintained on any Lot unless approved by the Committee. No Owner shall modify any portion of the Irrigation System, including that portion of the Irrigation System on the Owner's Lot. Each Owner shall install landscaping on such Owner's Lot in accordance with the Design Requirements. After installation, the landscaping on each Owner's Lot is subject to the terms of Section 2.6.4. If fences are installed adjacent to Riverfront Park, they shall be wrought iron or other similar transparent material, with the exception of areas that are adjacent to rear or side yards of single-family homes which may use any material allowed by the City Code of Garden City to provide for the obscuring of stored items. Any significant changes to landscaping may require the prior approval of the Garden City Design Review Committee. 4.5 Expenses. All expenses of the Committee shall be paid by the Association. The Committee shall have the right to charge reasonable fees for applications submitted to it for review, in amounts which may be established by the Committee from time -to -time, and such fees shall be collected by the Committee and remitted to the Association to help defray the expenses of the Committee's operation, including reasonable payment to each member of the Committee for their services as provided herein. Each Owner, by submitting a design review application to the Committee, agrees to pay any DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 17 OF 32 CC&Rs (Residential) (15 Dec 2016) additional reasonable fees based on costs incurred by the Committee in retaining consultants for the review and approval of the Owner's application(s). 4.6 Variances. The Committee may authorize variances from any of the Design Requirements on a case -by -case basis when the Committee deems it desirable to address special circumstances, such as topography, natural obstructions, hardship, aesthetic considerations, or other circumstances. The granting of a variance shall not waive any element of the Design Requirements for any purpose except as to the particular Lot and particular provision covered by the variance. Approval of a variance shall not affect the Owner's obligation to comply with this Declaration and applicable law. 4.7 Committee Approvals. The Committee's approval of any Improvement does not mean the Improvements will be permitted by applicable law, approved by the applicable governmental authorities or others. The Committee shall not be responsible in any way for any defects or errors in any plans or specifications submitted, revised, or approved, nor for any structural or other defects in any work done according to such plans and specifications. 4.8 Immunity; Indemnification. The Committee's members, agents and employees shall be immune from liability and entitled to indemnification as set forth in Section 2.9 hereof. ARTICLE 5 ASSESSMENTS 5.1 Covenant to Pay Assessments. Each Owner covenants and agrees to pay when due (without deduction, setoff, abatement, or counterclaim of any kind whatsoever) all Assessments or charges made against such Owner or such Owner's Lot pursuant to the Community Documents. Assessments against a Lot shall be a continuing lien on such Lot until paid, whether or not ownership of such Lot is transferred. Assessments against a Lot are also the personal obligation of the Owner of the Lot when the Assessment becomes due and payable. Such personal obligation shall remain with such Owner regardless of whether such Owner remains the owner of the Lot. Delinquent Assessments related to a Lot shall not pass to such Owner's successors in title unless expressly assumed by them. Such Assessments and charges, together with interest, costs, and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the Community against which each such Assessment or charge is made. 5.2 Regular Assessments. Regular Assessments are to be used to pay for all costs and expenses incurred by the Association for the conduct of its affairs or the exercise of any of the Association's powers, duties, or obligations under the Community Documents (collectively, the "Expenses"). Without limiting the generality of the foregoing, the Expenses shall include: 5.2.1 The cost and expenses incurred by the Association for professional management of its business and affairs; 5.2.2 The costs and expenses incurred by the Association in the exercise of any of its duties and/or powers under Section 2.6 or Section 2.7, including but not limited to the procurement and maintenance of homeowners' insurance for the Single Family Lots and Townhouse Lots; DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNrrY PAGE 18 OF 32 cc&p. (Residential) (15 Dec 2016) 5.2.3 The costs and expenses of construction, improvement, protection, insurance, maintenance, repair, management, and operation of the Common Area and all Improvements located in other areas that are owned, managed, or maintained by the Association; 5.2.4 The costs and expenses of incurred by the Association for the exterior maintenance of the Townhouse Lots (which shall, for the avoidance of doubt, be assessed only against the Owners of the Townhouse Lots); 5.2.5 An amount to fund adequate reserves for extraordinary operating expenses, contingent risks or liabilities (such as indemnification and defense expenses), capital repairs, capital replacements and any other expenses for which the Board deems prudent to fund a reserve. The Association may, in its discretion or as provided in the Community Documents, require payment of Regular Assessments in monthly, quarterly, semi-annual or annual installments. Each Owner shall be assessed and shall pay an amount computed by multiplying the Association's total advance estimate of Expenses by the fraction produced by dividing the number of Lots owned by such Owner by the total number of Lots not then exempt from Assessment. 5.3 Special Assessments. If the Board determines that the Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses for such calendar year for any reason, the Board may levy a Special Assessment to collect the additional funds needed to meet the Expenses for such calendar year. Special Assessments shall be levied and paid upon the same basis as Regular Assessments; provided, however, the Association shall, in its discretion, set the schedule under which such Special Assessment will be paid, which schedule may be different than Regular Assessments. 5.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular Assessments and Special Assessments, the Association may levy a Limited Assessment against a particular Owner: (a) for any Fines, fees, or charges levied against the Owner under the Community Documents; (b) to reimburse the Association for any costs incurred to bring the Owner's Lot or any Improvements thereon into compliance with the Community Documents; (c) to reimburse the Association for any damages caused by an Owner or its tenants, Occupants, guests, invitees, or contractors to any Common Area or Improvements owned or maintained by the Association; and (d) for the cost of providing any goods or services under the Community Documents that benefit such Owner or Owner's Lot, but less than all Owners or all Owners' Lots. 5.5 Assessment Procedures. The policies and procedures for Assessments (such as notices, payment methods, installment options, late fees, interest charges, collection fees, payments on sale of Lots, and other matters) shall be as set forth in the Bylaws or Community Rules; provided, however, the Association shall provide Owners with not less than thirty (30) days of prior notice before any Board meeting for the purpose of levying a Special Assessment or increasing the Regular Assessment by more than ten percent (10%). No Fine shall be imposed in violation of Idaho Code § 55-115. Once a Fine is imposed in accordance with Idaho Code § 55-115, the Association may levy a Limited Assessment against the Owner therefor in accordance with this Section 5.5. In the event of an amendment to Idaho Code § 55-115, this Declaration shall deemed automatically amended to reflect the same to the extent necessary to ensure compliance therewith. 5.6 Assessment Liens. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 19 OF 32 cc&K, (Residential) (15 Dec 2416) 5.6.1 Creation. There is hereby created a continuing claim of lien with power of sale on each and every Lot to secure payment of any and all Assessments levied against such Lot pursuant to the Community Documents, together with interest thereon at the legal rate in Idaho and all collection costs and attorneys' fees which may be paid or incurred by the Association in connection therewith. Upon default of any Owner in the payment of any Assessment related to a Lot, the Association may record a claim of lien against such Lot in accordance with applicable law (currently, Idaho Code § 45-810). Each delinquency shall constitute a separate basis for a claim of lien, but any number of defaults may be included within a single claim of lien. Such claim of lien may be foreclosed in any manner permitted by applicable law. Upon payment of such lien in full, the Association shall prepare and record a release of such claim of lien. 5.6.2 Subordination to First Trust Deeds. Upon recordation of a claim of lien for delinquent Assessments in accordance with applicable law, such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the claim of lien except for: (a) liens which, by law, would be superior thereto; and (b) the lien of a first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in this Section 5.6.2the sale or transfer of any Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Declaration. 5.7 Exemptions. All Common Area and any Lots owned by the Association shall be exempt from Assessments. Grantor shall be exempt from Assessments as set forth in Section 10.5. ARTICLE 6 RIGHTS TO COMMON AREAS 6.1 Use of Common Area. Every Owner shall have a right to use the Common Area as set forth in this Declaration subject to: 6.1.1 The Community Documents; 6.1.2 The right of the Association to suspend the right of an Owner to use the Common Area for any period during which any Assessment or charge against such Owner's Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of the Community Rules; and 6.1.3 The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility or other party for such purposes and subject to such conditions as may be permitted by the Community Documents. 6.2 Delegation of Right to Use. An Owner may delegate its right to use the Common Area to the Occupants of such Owner's Lot; provided, however, each Owner shall be liable to the Association for any damage to any Common Area sustained by reason of the negligence or willful misconduct of such Occupants. The cost of correcting such damage shall be a Limited Assessment against such Owner's Lot. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 20 OF 32 CC&a., (Residential) (15 Dec 2016) 6.3 Association's Responsibility. The Association shall maintain and keep the Common Area and any other Improvements owned, managed, or maintained by the Association in good condition and repair. ARTICLE 7 EASEMENTS 7.1 Recorded Easements. The Community shall be subject to any easements that are established or of record, including easements set forth on the Plat, as well as the Common Driveway and Shared Pathway easements described in Article 8. 7.2 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment as between adjacent Lots and between Lots and adjacent portions of the Common Area due to the unwillful placement or settling or shifting of the Improvements (including Common Walls) constructed, reconstructed, or altered in accordance with the Community Documents. Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners shall not be altered in any way because of encroachments, settling, or shifting of the Improvements; provided, however, that in no event shall a valid easement for encroachment occur due to the willful or bad faith acts or omissions of an Owner. If an Improvement is partially or totally destroyed, such Improvement may be repaired or rebuilt within such minor encroachments that existed prior to the encroachment and may be reconstructed pursuant to the easement granted by this Section 7.2. 7.3 Easements of Access. There shall be reciprocal appurtenant easements of ingress and egress for all Owners to and from their respective Lots for installation and repair of utility services and for necessary maintenance and repair of any Improvement, such as fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees, and landscaping. 7.4 Improvements in Drainage and Utility Easements. No Owner shall construct or alter any Improvements in any drainage or utility easement areas which would interfere with the easement being used for its intended purpose. Such Owners may install and maintain Improvements on such easement areas as permitted by the Community Documents so long as such Improvements are permitted by the terms of the easement and such Improvements will not interfere with or prevent the easement areas from being used for their intended purposes. No lawful user of the easement shall incur any liability to such Owner for the damage or destruction of such Improvements. 7.5 Easements Deemed Created. All conveyances of Lots made after the date of the recording of the Declaration, whether by Grantor or otherwise, shall be construed to grant and reserve the easements contained in this Article 7, even though no specific reference to such easements or to this Article 7 appears in the conveyance instrument. 7.6 Emergency Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and all other similar emergency agencies to enter upon the Community in the proper performance of their duties. 7.7 Maintenance Easement. An easement is hereby reserved to the Association upon, across, over, in and under the Lots and a right to make such use of the Lots as it may deem necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to the Community Documents, including the right to enter upon any Lot for the purpose of performing maintenance to sidewalks, pathways, landscaping, the DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 21 OF 32 cc&p.., (Residential) (15 Dec 2016) Drainage System, the Irrigation System, and the exterior of Improvements to such Lot. Nothing herein shall relieve each Owner's obligation to maintain Improvements on such Owner's Lot. In addition, an easement is hereby reserved to the Association upon, across, over, in and under the Lots and a right to make such use of the Lots as it may deem necessary or appropriate to make emergency repairs or undertake regular maintenance of public utility facilities or devices, or other service lines, facilities and equipment which are a part of the as -built construction plans for the Community (including, but not limited to, electrical transformers and meter banks). 7.8 Sanitary Sewer and Water System Easements. There is hereby granted to the City of Garden City a perpetual, non-exclusive easement for the purpose of accessing, maintaining, repairing, and replacing those portions of the sanitary sewer system and water system for the Community that runs on, over, across, under, or through the Community; provided, however, in the event the City of Garden City disturbs such easement area, the City of Garden City shall promptly restore the easement area (including without limitation the paving, concrete, grass, Irrigation System, and landscaping) to the condition existing immediately prior to such disturbance. The Association shall restore any improvements or landscaping (if any) that is not the obligation of the City of Garden City to restore. ARTICLE 8 COMMON DRIVEWAY AND SHARED PATHWAY 8.1 Common Driveway. There is hereby established a perpetual ingress/egress easement over, under, upon and through Lot 1 in Block 1 of the Plat (the "Common Driveway") as a common driveway for vehicular and pedestrian ingress and egress to the Commercial Parcel and the Lots for the benefit of (i) the Commercial Parcel owner(s) and the Owners of the Lots (collectively, the "Common Driveway Owners"), (ii) the tenants, employees, invitees and licensees of such Common Driveway Owners; (iii) the employees, invitees and licensees of any of the foregoing, and (iv) any other person who uses the Common Driveway for access to and from a Lot or the Commercial Parcel, with a Common Driveway Owner's express or implied permission, whether granted directly or indirectly (collectively, the "Common Driveway Users"). The Common Driveway shall also be for the installation, use, operation, maintenance, repair and replacement of utility services, including without limitation, sanitary sewer, domestic water, irrigation water, drainage, gas, electricity, telephone, cable, fiber -optics and other utilities, and emergency vehicle access. All Common Driveway Users shall take access to the public street through the Common Driveway; provided that Common Driveway Users as to the Commercial Parcel may take access to the public street through the Common Driveway or through other means of access to and from the Commercial Parcel as may be provided on the Plat. 8.2 Shared Pathway. There is hereby established a perpetual, non-exclusive easement on, over, across, under and through Lots 25, 36, and 45 in Block 1 of the Plat (the "Shared Pathway") for the purpose of providing pedestrian and non -vehicular ingress and egress to Riverside Park (which abuts the northern edge of the Community) for the benefit of (i) the Commercial Parcel owner(s) and the Owners of the Lots (collectively, the "Shared Pathway Owners"), (ii) the tenants, employees, invitees and licensees of the Shared Pathway Owners; (iii) the employees, invitees and licensees of any of the foregoing, and (iv) any other person who uses the Shared Pathway for access to and from the Riverside Park with a Shared Pathway Owner's express or implied permission, whether granted directly or indirectly (collectively, the "Shared Pathway Users"). The Shared Pathway shall also be for the installation, use, operation, maintenance, repair and replacement of utility services, including without limitation, sanitary sewer, domestic water, irrigation water, drainage, gas, electricity, telephone, cable, fiber -optics and other utilities, and emergency vehicle access. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 22 OF 32 cc&Rs (Residential) (15 Dec 2016) 8.3 Operation and Maintenance The Association shall hire a professional management company to operate, maintain, repair and replace the Common Driveway and Shared Pathway (collectively, the "Shared Areas") in a first class, clean and orderly condition, in a manner consistent with first class commercial properties in Ada County, and in compliance with all governmental requirements (including the Garden City Municipal Code or its successor) and the terms of this Declaration, including but not limited to: (a) Maintaining (including without limitation snow and ice removal), repairing, replacing, striping, stripping, seal coating, and cleaning the Shared Areas (including without limitation all paved and drainage areas) to the extent necessary to keep the Shared Areas in a first-class, clean, and orderly condition (consistent with first class commercial properties in Ada County), and keeping the paved surfaces in a level, smooth, and evenly -covered condition with the type of surfacing material originally installed or such substitute material as shall in all respects be equal or superior in quality, use, and durability; (b) Maintaining, repairing, and replacing all utilities within the Shared Areas except to the extent such maintenance, repair, and replacement obligations are the obligation of the utility providers; (c) Maintaining, repairing, and replacing all landscaping (if any) within the Shared Areas; (d) Removing all papers, debris, filth, and refuse, and thoroughly sweeping, to the extent reasonably necessary to keep the Shared Areas in a clean and orderly condition; (e) Operating, maintaining, repairing, and replacing all signs, lighting (including the cost of electricity), directional signage, speed calming devices, and any other improvements in the Shared Areas; (f) Maintaining, repairing and replacing (as necessary) the storm water disposal system located in Shared Areas; and (g) If deemed necessary or appropriate: (a) maintain casualty insurance for all improvements in the Shared Areas in an amount not less than the replacement cost thereof; and (b) providing public liability insurance for the Shared Areas in an amount not less than $1,000,000 per occurrence and annual aggregate. The Association may promulgate such reasonable and nondiscriminatory rules with respect to the Shared Areas as it deems necessary from time -to -time; provided, however, the Association may not establish any rule which would unreasonably interfere with the normal, customary and legal use of the Commercial Parcel. Each Common Driveway Owner and Shared Pathway Owner (collectively, the "Shared Areas Owners") shall comply with such rules and strictly enforce such rules on its respective Common Driveway Users and/or Shared Pathway Users (collectively, the "Shared Area Users"), as applicable. 8.4 Common Expenses. Any and all expenses incurred by the Association in performing its obligations under this Declaration with respect to the Shared Areas, including the operation, maintenance, repair and replacement of the Shared Areas pursuant to Section 8.4, shall be referred to herein as "Common Expenses." The Common Expenses shall also include (a) the Association's reasonable estimate for expenses to be incurred (it being understood that the Association is not required to extend DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 23 OF 32 Cc&ps (Residential) (15 Dec 2016) any credit for Common Expenses, but may collect an estimate for Common Expenses prior to incurring such Common Expenses) and (b) reasonable reserves for emergency and capital Common Expenses. 8.4.1 The Common Expenses incurred by the Association with respect to the Common Driveway shall be allocated: (a) 12.5% to the Commercial Parcel owner(s); and (b) 87.5% to the Association; provided, however, each Common Driveway Owner shall be solely responsible for paying the entirety of any Common Expenses caused by the negligent acts or omission of that Common Driveway Owner or its respective Common Driveway User. 8.4.2 The Common Expenses incurred by the Association with respect to the Shared Pathway shall be allocated 100% to the Association; provided, however, each Shared Pathway Owner shall be solely responsible for paying the entirety of any Common Expense caused by the negligent acts or omissions of that Shared Pathway Owner or its respective Shared Pathway User. 8.4.3 In the event that the Association fails to maintain a Shared Area in accordance with the requirements of Section 8.3, in the judgment of the Commercial Parcel owner(s), the Commercial Parcel owner(s) may, upon giving the Association thirty (30) days' prior written notice and opportunity to cure, either (i) take such steps so as to cause the Association to perform its obligations hereunder with respect to such Shared Area, or (ii) enter upon such Shared Area and take such action as the Commercial Parcel owner(s) deems necessary or appropriate to correct such condition. In such event, the Commercial Parcel owner(s) shall submit to the Association an invoice for reimbursement for reasonable expenses incurred in connection with such corrective action, and the Association shall be obligated to promptly pay its share of such expense in accordance with the allocations of Section 8.4.1 or Section 8.4.2 above, as applicable. The Commercial Parcel owner(s) may record and foreclose on a lien against the Lots for unpaid expenses under this Section 8.4.3 in accordance with applicable law. 8.5 Construction. Except in the case of emergency maintenance or repairs, or as otherwise provided in this Declaration, no Shared Area User shall install, construct, remove, maintain, or repair any improvement or utility in a Shared Area without the Association's prior written consent. If such prior written consent is granted, such Shared Area User shall conduct such activity so as to minimize any disruption to other Shared Area Users' use of the Shared Area. Except in the event of an emergency, no Shared Area User shall block reasonable ingress or egress through a Shared Area unless a reasonable alternate route is provided (with the Association's prior written approval). Such Shared Area User shall, at its sole cost and expense, restore (or cause to be restored) any displacement, damage or disfigurement to the Shared Area as necessary to restore it to the same condition existing prior to such activities. If a Shared Area User fails to immediately restore the Shared Area, then the Association shall have the right to take or complete any action it deems appropriate to cure or remedy such failure. The defaulting Shared Area User shall reimburse the Association for all costs and expenses incurred in remedying or curing such failure. ARTICLE 9 RESOLUTION OF DISPUTES 9.1 Agreement to Avoid Litigation. Grantor, the Association, and the Owners agree that it is in their mutual best interests to provide a fair, impartial, and expeditious procedure for the resolution of disputes related to the Community Documents instead of costly, lengthy, and unpredictable litigation. Accordingly, Grantor, the Association (including its officers, directors and committee members), each Owner, and any party claiming a right or interest under the Community Documents (each, a "Bound Party") agree to encourage the efficient resolution of disputes within the Community without the DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 24 OF 32 cup, (Residential) (15 Dec 2016) emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees that all claims, grievances, or disputes arising out of or relating to the interpretation, application, or enforcement of the Community Documents or the rights, obligations, and duties of any Bound Party under the Community Documents ("Claims") shall be subject to the provisions of Section 8.3 unless exempt under Section 8.2. All Claims shall be subject to resolution pursuant to this Article 9 as a condition precedent to the institution or continuation of any legal or equitable proceeding; provided, however, any Bound Party may proceed in accordance with applicable law to comply with any notice or filing deadlines prior to resolution of the Claim. 9.2 Exemptions. The following Claims shall not be subject to this Article 9 unless all Bound Parties thereto agree to submit such Claim to these dispute resolution procedures: 9.2.1 Any Claim by the Association against any Bound Party to enforce the obligation to pay any Assessment to the Association under the Community Documents; 9.2.2 Any Claim by Grantor or the Association to obtain injunction or equitable relief to enforce any provision of the Community Documents; 9.2.3 Any Claim between Owners where the Grantor or the Association are not a party thereto, which Claim would constitute a cause of action independent of the Community Documents; 9.2.4 Any Claim in which any indispensable party is not a Bound Party; 9.2.5 Any Claim against a Released Party that would be barred by Section 2.9; 9.2.6 Any Claim which otherwise would be barred by any applicable law (such as, for example, the applicable statute of limitations); and 9.2.7 Any Claim arising out of or relating to the interpretation, application, or enforcement of any purchase, sale, or construction agreement with Grantor or any builder related to the construction of Improvements within the Community, or the rights, obligations, and duties of any Bound Party under such agreements, it being understood that applicable law and the provisions of such agreements shall control the resolution of any claims or disputes related thereto. 9.3 Dispute Resolution. 9.3.1 Direct Discussions. Any Bound Party having a Claim against any other Bound Party shall notify such party(ies) of the Claim in writing, stating plainly and concisely the following: (a) the nature of the Claim; (b) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (c) the basic facts supporting the allegations in the Claim; (d) the other persons involved in the Claim or with personal knowledge of the facts alleged; and (e) the claimant's proposed remedy, including the specific monetary amounts (if any) demanded. The Bound Parties to the Claim shall make reasonable efforts to meet in person to resolve the Claim by good faith discussions and negotiations — it being understood that the best opportunity to achieve a fair and satisfactory resolution to a Claim is ordinarily through early discussions and negotiations held in good faith. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 25 OF 32 cc&R.S (Residential) (15 Dec 2016) 9.3.2 Dispute Resolution. If the Bound Parties to a Claim are unable to resolve the Claim through direct discussions within a reasonable time, either Bound Party may submit the Claim to the Board for assistance in resolving the Claim. In such event, the Board may, by notice to each Bound Party to the Claim within thirty (30) days of its receipt of a request for assistance: 9.3.2.1 Order the Bound Parties to continue direct discussions and negotiations for a period of up to thirty (30) days. If the Claim is not resolved in such period, any Bound Party may request the Board's assistance to resolve the Claim; 9.3.2.2 Order the Bound Parties to mediate the Claim with an independent real estate attorney, real estate professional, or judge selected by the Association. The mediator shall set the rules of the mediation. Any party to the mediation can invite additional parties to the mediation if the presence of such additional party is required for a complete resolution of any Claim. The parties shall share the mediator's fee and any filing fees equally. Unless otherwise agreed, the mediation shall be held within thirty (30) days of the order for mediation and shall be held in a neutral location near the Community selected by the mediator. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. If the mediation does not resolve the Claim, the Bound Parties may proceed to litigation of the Claim in any court of competent jurisdiction; 9.3.2.3 Order the Bound Parties to settle the Claim through arbitration by a single arbitrator conducted in accordance with the Idaho Uniform Arbitration Act (Idaho Code, Title 7, Chapter 9) except as otherwise provided herein. The arbitrator shall be any independent real estate attorney or judge appointed by the Association. The arbitrator shall set the rules of the arbitration. The arbitrator may, in its discretion, order parties to produce documents relevant to the dispute and may order written discovery and depositions (but with care to avoid burdensome discovery or depositions). The arbitrator shall endeavor to hold the arbitration at mutually convenient times and locations; provided, however, the arbitrator shall endeavor to complete the arbitration within forty- five (45) days after appointment of the arbitrator. The parties shall bear their own attorneys' fees (if any) and share the arbitrator's fees equally; provided, however, the arbitrator may award costs, arbitrator's fees, and attorneys' fees to the substantially prevailing party. The arbitrator's award shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof; 9.3.2.4 If the Claim is within the jurisdiction of the Small Claims Department of the Magistrate Division (currently, monetary claims for $5,000 or less), order a Bound Parties to file such Claim exclusively therein; or 9.3.2.5 Elect to exempt the Claim from this Article 9, at which time the Bound Parties are free to exercise any right or remedy in accordance with applicable law. 9.3.3 If the Board fails to notify the Bound Parties within thirty (30) days of its receipt of a request for assistance, the Board shall be deemed to have elected to exempt the Claim from this Article 9. 9.3.4 If the Bound Parties resolve any Claim through mediation or arbitration pursuant to this Article 9 and any Bound Party thereafter fails to abide by the terms of such resolution (i.e., DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 26 OF 32 Cc&a,, (Residential) (15 Dec 2016) settlement agreement or arbitrator's award), then any other Bound Party may take any legal or other action to enforce such settlement agreement or arbitrator's award without the need to comply again with the procedures set forth in this Article 9. In such event, the Bound Party taking action to enforce the resolution shall be entitled to recover from any non -complying Bound Party all costs and attorneys' fees reasonably incurred in such enforcement. ARTICLE 10 INITIAL DEVELOPMENT PERIOD 10.1 Initial Development Period. The "Initial Development Period" shall commence on Effective Date of this Declaration and terminate on the day Grantor (or the assignee of Grantor's rights hereunder) no longer owns any Lots (including Lots annexed into the Community in the future) or on the day Grantor terminates its rights by notice to the Association. 10.2 Community Management. Each Owner recognizes that the Community will require a high level of knowledge, effort, judgment, diligence, and attention during the Initial Development Period, and that level is beyond what can reasonably be expected from Community volunteers. Accordingly, each Owner agrees that it is in the best interest of the Community for Grantor to have full management authority for the Community during the Initial Development Period, including the sole and exclusive right to appoint remove and replace directors of the Board and members of the Committee at anytime and from time -to -time in Grantor's sole discretion. In furtherance thereof, each Owner hereby appoints Grantor as its proxy with respect to its membership interest in the Association (including voting rights), which proxy shall be coupled with Grantor's interest in the Community and shall be irrevocable during the Initial Development Period. 10.3 General Exemptions. Grantor may, from time -to -time in Grantor's discretion and without first seeking or obtaining the approval of Association or Committee: 10.3.1 Make modifications or Improvements on any Lot or the Common Area as Grantor deems appropriate, including the further subdivision of the Community or other changes as Grantor desires; 10.3.2 Place or authorize signs of such size, design, and number as Grantor deems appropriate for the initial development of the Community, including signs to identify the Community, display information pertaining to the Community, display information or instructions to builders, to advertise Lots and homes for sale (including sale events and open houses), and to advertise of Community elements or events; 10.3.3 Authorize any developer or contractor to use any Lot as a model home, sales office, construction office, or construction storage yard; 10.3.4 Place or authorize portable or temporary structures upon any Lot or the Common Area; and 10.3.5 Establish or reserve such additional covenants, conditions, restrictions or easements on any Lot prior to conveyance thereof as Grantor deems necessary or convenient for the development of the Lot or the Community. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 27 OF 32 CC&Rs (Residential) (15 Dec 2016) 10.4 Water Rights Appurtenant to Community Lands. Grantor owns certain water rights which are appurtenant to the Community and which may be utilized in the Irrigation System. Grantor hereby reserves unto itself any and all water rights appurtenant to the Community, and Owners of any and all Lots accordingly shall have no right, title, or interest in any of said water or water rights. Grantor shall transfer to the Association sufficient water rights to enable the Association to operate the Irrigation System. 10.5 Grantor's Exception from Assessments. If Grantor owns any Lots during the first two (2) years following the date assessments are first assessed against the Owners of Lots, Grantor shall not be assessed any Regular Assessments or Special Assessments for any Lots owned by Grantor. If Grantor owns at least one Lot during such period, Grantor shall pay the shortfall, if any, in the Operating Expenses of the Association; provided, however, such obligation shall not exceed the amount that the Regular Assessments and Special Assessments that Grantor would otherwise be assessed as an Owner multiplied by the total number of Lots owned by Grantor on the date Regular Assessments or Special Assessments are assessed against the Owners of Lots. After the foregoing period, Grantor shall be assessed Regular Assessments and Special Assessments for each Lot owned by Grantor. 10.6 Assignment of Grantor's Rights. Grantor may assign any or all of its rights under the Community Documents to any person or entity in a written instrument that contains the assignee's acceptance of such assignment and agreement to assume any of Grantor's obligations pertaining to the rights assigned, which acceptance and assumption shall be effective upon the recordation of such written instrument recorded in the real property records of Ada County, Idaho. Grantor shall promptly provide a copy of the recorded instrument to the Association and, thereupon, be released from Grantor's obligations pertaining to the rights assigned. ARTICLE 11 TERM The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The remainder of this Declaration shall run until December 31, 2040 and thereafter shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument signed and acknowledged by the president and secretary of the Association certifying and attesting that such instrument has been approved by the vote or written consent of Owners representing sixty-five percent (65%) or more of the total voting power in the Association and such written instrument is recorded with the Ada County Recorder's Office. ARTICLE 12 ANNEXATION AND DEANNEXATION Grantor may annex additional lands into the Community from time -to -time by recording a supplement to this Declaration declaring such additional lands to be part of the Community and subject to this Declaration. Such supplement may add or delete covenants, conditions, restrictions, and easements applicable to the annexed lands as Grantor may deem appropriate, so long as such additions or deletions do not place an undue burden on the Association or the Community. Upon annexation, Owners within the annexed lands shall become Owners in the Community on equal footing with the then -current Owners in the Community, and shall have the same rights, privileges, and obligations (except as may otherwise be set forth in the annexing supplement). Grantor shall have the right to de -annex any property owned by Grantor from the Community upon Grantor's recordation of a supplement identifying the de -annexed lands and declaring that such lands shall no longer be subject to this Declaration. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 28 OF 32 cc&xs (Residential) (15 Dec 2016) ARTICLE 13 AMENDMENTS 13.1 Prior to First Deed. Except as otherwise provided in this Article 13, until the recordation of Grantor's first deed to a Lot, Grantor may amend or terminate this Declaration by recording a written instrument setting forth such amendment or termination. 13.2 By Association. Except as otherwise provided in this Article 13 and subject to Grantor's rights during the Initial Development Period as provided in Article 10, any amendment to or termination of this Declaration shall be by an instrument in writing signed and acknowledged by the president and secretary of the Association certifying and attesting that such amendment or supplement has been approved by the vote or written consent of Owners representing more than sixty-five percent (65%) of the total voting power in the Association. Any amendment with respect to the provisions of Article 8 shall require the prior consent of the Commercial Parcel owner(s). 13.3 Lender Requirements. Because the availability of government supported financing is key to the success of the Community and to the ability of Owners to finance and refinance their homes, Grantor shall have the right, power, and authority during the Initial Development Period and the Association shall have the right thereafter, to amend this Declaration or any of the Community Documents by written instrument, at any time and at its sole discretion, as may be reasonably necessary to comply with any requirements or conditions necessary to take full advantage of, or secure the full availability of, any financing programs offered or supported by the organizations identified in Section 2.7.6; provided, however, nothing herein shall authorize an amendment in violation of Section 13.6 as otherwise provided in this Article 13. 13.4 Government Requirements. Because compliance with governmental requirements, as they change from time -to -time, is key to the success of the Community, Grantor shall have the right, power, and authority during the Initial Development Period and the Association shall have the right thereafter, to amend this Declaration or any of the Community Documents by written instrument, at any time and at its sole discretion, as it may deem reasonably necessary to comply with any governmental requirement that is or may become applicable to the Community; provided, however, nothing herein shall authorize an amendment in violation of Section 12.6. 13.5 Effect of Amendment; Mortgage Protection. Any supplement, amendment, or termination of this Declaration shall be effective upon its recordation with the Ada County Recorder's Office and shall be binding on and effective as to all Owners, whether or not such Owners voted for or consented to such supplement, amendment, or termination. Any supplement or amendment may add to and increase the covenants, conditions, restrictions, and easements applicable to the Community; provided, however, notwithstanding any other provision of this Declaration, no supplement or amendment shall operate to defeat or render invalid the rights of the beneficiary under any Mortgage made in good faith and for value, and recorded prior to the recordation of such amendment or supplement, provided that after foreclosure of any such Mortgage, such Lot shall remain subject to this Declaration as supplemented or amended. 13.6 No Amendment of Required Provisions. Unless the express written and recorded consent of the City of Garden City has been obtained, this Declaration may not be amended, supplemented, or terminated with respect to the following: (a) any provision of this Declaration which has been required by the City of Garden City in its approval of the Community; (b) any provision of this Declaration which affects, recognizes, conveys, and/or confers upon the City of Garden City any DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 29 OF 32 cC&, (Residential) (15 Dec 2016) easement, right, or power; or (c) any material provisions relating to easements, access, operation, repair, maintenance, or replacement of public works systems. ARTICLE 14 NOTICES Any notices, consents, approvals, or other communications required or permitted by this Declaration shall be in writing and may be delivered personally, by electronic mail, or by U.S. mail. Each Owner shall be responsible for ensuring that the Association has such Owner's then -current mailing address, physical address, electronic mail address, and telephone numbers. Each Owner shall be deemed to have received any notice when such notice is actually received by such Owner (regardless of the method of delivery) or when such notice is delivered to any of the addresses then currently on file with the Association. Notices delivered by U.S. Mail shall not be deemed received until three (3) business after depositing in the U.S. Mail. The Association shall provide the notices addresses of all Owners to Grantor or any other Owner promptly upon request. ARTICLE 15 MISCELLANEOUS 15.1 Interpretation. This Declaration shall be liberally construed to effectuate its purpose of protecting, enhancing, and preserving the value, amenities, desirability, and attractiveness of the Community and to ensure a well -integrated, high quality development. As used herein, the word "including" shall be deemed to be followed by "but not limited to" unless otherwise indicated. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. In the event that any provision of this Declaration is deemed ambiguous on any matter, the Board's interpretation such provision shall be given deference so long as the interpretation is a permissible construction of such provision. 15.2 Governing Law. This Declaration shall be governed by the laws of the State of Idaho without regard to its conflicts of law principles. Any legal action to interpret or enforce this Declaration shall be filed exclusively in the state or federal courts situated in Ada County, Idaho. 15.3 Severability. Each provision of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 15.4 Entire Agreement. This Declaration and the other agreements described herein (including without limitation the Community Documents) together constitute the sole agreement between the parties with respect to the subject matter herein and supersedes all prior understandings and agreements with respect to the subject matter hereof. To the extent there is a conflict between the terms of this Declaration and the Community Documents, this Declaration shall control. 15.5 No Third Party Beneficiaries. Except as otherwise set forth herein, this Declaration and each and every provision herein is for the exclusive benefit of Grantor, the Association and the Owners and not for the benefit of any third party. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 30 OF 32 ccm, (Residential) (15 Dec 2016) 15.6 No Waiver. No waiver by the Association hereunder may be oral. No waiver, forbearance, delay, indulgence or failure by the Association to enforce any of the provisions of this Declaration shall in any way prejudice or limit the Association's right thereafter to enforce or compel strict compliance with the provision hereof, any course of dealing or custom of the trade notwithstanding. No delay or omission on the part of the Association shall operate as a waiver thereof, nor shall any waiver by the Association of any breach of this Declaration operate as a waiver of any subsequent or continuing breach of this Declaration. 15.7 Enforcement; Remedies. The failure of any Owner or Occupant to comply with applicable law pertaining to the ownership, use, or occupancy of any Lot or the Community, or to comply with any provision of the Community Documents, is hereby declared a nuisance and gives rise to a cause of action (subject to Article 9) in Grantor, the Association (on its own and/or on behalf of any consenting Owners) and any affected Owner for recovery of damages or for negative or affirmative injunctive relief or both to enforce the provisions hereof only as set forth in this Declaration. Each remedy provided herein is cumulative and not exclusive. If any party initiates or defends any legal action or proceeding to interpret or enforce any of the terms of this Declaration, the substantially prevailing party shall be entitled to recover any costs and attorneys' fees reasonably incurred therein. 15.8 Consents and Approvals. Any consents or approvals required or contemplated herein must be in a writing executed by the party whose consent or approval is required or contemplated. No Owner unreasonably withhold, condition, or delay its consent or approval of any matter requested by Grantor, the Association, the Committee or another Owner. 15.9 Limited License Agreement. Grantor is entering into a licensing agreement with the Association as of the date hereof, pursuant to which Grantor will grant to the Association a limited license to use Seller's right, title and interest in and to certain trademarks, service marks, brands, promotional materials, logos and the like for "Parkway Station" in connection with the Association's governance of the Community, on the terms set forth in the licensing agreement. 15.10 Flood Insurance. Each Owner, and not the Grantor or the Association, is responsible for determining whether their respective Lot is located within a floodplain (as determined, from time -to -time, by FEMA or other comparable state, local or federal organization) and for taking reasonable and appropriate action based on such classification, including but not limited to purchasing flood insurance. [ end of text; signature page follows] DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 31 OF 32 cc&a, (Residential) (15 Dec 2016) DATED effective as of the Effective Date GRANTOR: PARKWAY STATION, LLC, an Idaho limited liability company By: Name: Bill Truax Its: Manager STATE OF IDAHO ) )SS. County of Ada ) On this _ day of , 2016, before me a Notary Public, personally appeared Bill Truax, known or identified to me to be the manager of Parkway Station, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such 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. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR THE PARKWAY STATION COMMUNITY PAGE 32 OF 32 cc&a, (Residential) (15 Dec 2016)