Magic View Partners AZ 99-022
PARTIES:
1.
2.
ADA COUNTY RECORDER
J. DAVID NAVARRO
ROISE. iDAHO
RECORDED - REO UES T OF
~~f~~DEPUTY~
100021869
lIIOOtIR 23 PM I: 44
, MERIDIAN CITY
DEVELOPMENT AGREEMENT
City of Meridian
Magic View Partners, an Idaho General Partnership
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made
and entered into this 2(:rP day of /}¡ ~ , 2000, by and between CITY
OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called
"CITY", and MAGIC VIEW PARTNERS, AN IDAHO GENERAL .
PARTNERSHIP, hereinafter called "DEVELOPER", whose address is PO Box
8204, Boise, Idaho.
1.
RECITALS:
1.4
1.1
1.2
1.3
WHEREAS, "Developer" is the sole owner, in law and! or
equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A, which is attached hereto and
by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
WHEREAS, Lc. §67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-
zoning that the owner or "Developer" make a written
commitment concerning the use or development of the
subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by
the enactment of Meridian City Code §§ 11-15-12 and 11-16-4
A, which authorizes development agreements upon the
annexation. and! or re-zoning of land; and
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property" s described in
Exhibit A, and has requested a designation of Limited Office
District (L-O), Meridian City Code § 11-7-2 G; and
DEVELOPMENT AGREEMENT (AZ-99-022) - 1
1.5
1.6
1.7
1.8
1.9
WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed
according to the Concept Plan and what improvements will
be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the 71J.. day of/hMd..-, 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
takes final action on annexation and zoning designation;
and
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the tenns and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
DEVELOPMENT AGREEMENT (AZ-99-022) - 2
proceedings. for annexation and zoning designation
from government subdivisions providing services within the
planning jurisdiction and from affected property owners and
to ensure annexation and zoning designatiol"l is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Meridian City Code Titles 11 and 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following
words, terms, and phrases herein contained in this section shall be defined and
interpreted as herein provided for, unless the clear context of the presentation of
the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party to
this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized and
existing by virtue of law of the State of Idaho, whose address
is 33 East Idaho A venue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to Magic View Partners,
an Idaho General Partnership consisting of Winston H.
Moore and James L. Boyd, general partners, whose address
is PO Box 8204, Boise, Idaho, the party developing said
"Property" and shall include any subsequent
owner(s)!developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian
as described in Exhibit" A", attached hereto and
DEVELOPMENT AGREEMENT (AZ-99-022) - 3
by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code § 11-7-2 G which are
herein specified as follows:
Development of Limited Office.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.1
"Developer" shall develop the "Property" in accordance
with the following special conditions:
5.I.A The property should be zoned L-O, Limited Office
District, and the Applicant shall use the subject
property to develop professional office uses with any
other uses permitted in the subject zone only as a
conditional use.
5. I. I Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled
per City Ordinance 1 1-9-605 .M. Plans will need to
be approved by the appropriate irrigation/drainage
district, or lateral users association, with written
confirmation of said approval submitted to the
Public Works Department. No variances have been
requested for tiling of any ditches crossing this
project.
DEVELOPMENT AGREEMENT (AZ-99-022) - 4
5. 1.2 Any existing domestic wells and/or septic systems
within this project will have to be removed from
their domestic service per City Ordinance Section 5-
7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
5.1.3 Off-street parking shall be provided in accordance
with Section 1 I -2-414 of the City of Meridian
Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
5.1.4 Paving and striping shall be in accordance with the
standards set forth in Sections Il-2-414.D.4 and
I l-2-4l4.D.5 of the City of Meridian Zoning and
Development Ordinance and in accordance with
Americans with Disabilities Act (ADA)
requirements.
5.1.5 A drainage plan designed by a State of Idaho
licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-
91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site.
5.1.6 Outside lighting shall be designed and placed so as
not to direct illumination on any nearby residential
areas and in accordance with City Ordinance
Section Il-2-14.D.3.
5. 1.7 All signage shall be in accordance with the standards
set forth in Section 11-2-415 of the City of
Meridian Zoning and Development Ordinance. No
temporary signage or flashing signs will be
permitted.
5. 1. 8 Applicants shall provide five-foot -wide sidewalks in
accordance with City Ordinance Section 11-9-
606.B.
DEVELOPMENT AGREEMENT (AZ-99-022) - 5
5.1.9 All construction shall conform to the requirements
of the Americans with Disabilities Act.
5.I.IOApplicant shall enter into a License Agreement with
Ada County Highway District to construct, and
perpetually maintain, a 30-foot wide buffer with a 4-
foot high berm and a 6-foot high solid, wooden
fence on top of the berm along the entire length of
Lot 2 in the Amended Magic View Subdivision.
This obligation shall be appurtenant to Lot 2.
5. 1. II Applicant shall construct a minimum 20-foot wide
buffer with a 4-foot high berm and a 6-foot high
solid, wooden fence on top of the berm along the
entire length of Lot 3 in the Amended Magic View
Subdivision.
5.1.12Applicant shall be required to dedicate all right-of-
way along St. Lulœ's Street, and Magic View Drive
by recorded Warranty Deed or recorded plat prior to
the issuance of any building pennits.
5.1.l3The Applicant has submitted a draft site plan to
provide a general overview of expected development
type location and amenities. The proposed site plan
proposes to the dedication of a new public right-of-
way. All public easements shall be designated by
plat or other document of record showing their
location.
5.1. 14Existing easements are shown on the recorded plat
of the Amended Magic View Estates Subdivision
which will be in conflict with the new proposed
layout. Applicant shall vacate conflicting easements
prior to applying for building permits.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
DEVELOPMENT AGREEMENT (AZ-99-022) - 6
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 5 entitled
"Conditions Governing Development of subject "Property" of this agreement,
and after the "City" has complied with the notice and hearing procedures as
outlined in Lc. § 67-6509, or any subsequent amendments or recodifications
thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
7.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
8. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
9.
DEFAULT:
9.1
In the event "Developer", "Developer"'s heirs, successors,
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions
included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of
the Zoning Ordinance, which will include, at a minimum,
notice of the noncompliance, and an opportunity to be
DEVELOPMENT AGREEMENT (AZ-99-022) - 7
heard by the City Council before modification or
termination.
9.2
A waiver by "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the. specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
DEVELOPMENT AGREEMENT (AZ-99-022) - 8
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
12.2 In the event the perfonnance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that no Certificates of Occupancy will be issued until all infrastructure and
other improvements which are imposed by the tenns of this agreement, the
annexation ordinance, and the conditional use permit are completed, unless
the "City" and "Developer" have entered into an addendum agreement stating
when the improvements will be completed in a phased development; and in
any event, no Certificates of Occupancy shall be issued in any phase in which
the improvements have not been installed, completed, and accepted by the
"City",
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
DEVELOPMENT AGREEMENT (AZ-99-022) - 9
16, NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, retUrn receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Winston H. Moore
James L. Boyd
Magic View Partners, an Idaho General
Partnership
PO Box 8204
Boise, ID 83707
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
tenn, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
DEVELOPMENT AGREEMENT (AZ-99-022) - 10
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to "City", to a dulyadopted
ordinance or resolution of "City",
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended withoUt the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
DEVELOPMENT AGREEMENT (AZ-99-022) - 11
amendment in force at the time of the proposed
, amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-99-022) - 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
MAGIC VIEW PARTNERS, AN
IDAHO GENERAL PARTNERSHIP
ey/Z:\Work\M\Meridian 15360M\Magic ViewlDevelopAgr
BY:
Attest:
JI~á~-,9-'
CITY CLERK ~7
BY RESOLUTION NO. 310
DEVELOPMENT AGREEMENT (AZ-99-022) - 13
STATE OF IDAHO
:ss
COUNTY OF ADA
. On thisí day of ~ ,in the year 2000, before
me, ~ me-&-12z a Notary Public, personally appeared Winston H.
Moore and James 1. Boyd, known or identified to me to be the partners of Magic
View Partners, an Idaho General Partnership, the partners who executed the
instrument on behalf of said General Partnership, and aclmowledged to me having
executed the ~~"~""'"
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Notary Public for Idaho
Commission expires: [7.. -I ?.- 2-000
STATE OF IDAHO
:ss
County of Ada )
On this 1¿\
day of
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, in the year 2000,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, lmow or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and aclmowledged to me that such City
executed the same.
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DEVELOPMENT AGREEMENT (AZ-99-022) - 14
EXHIBIT A
Legal Description Of Property
LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION
A parcel of land located in the Northeast quarter of Section
17, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, being all of Lots 2 and 3 in the Amended
Magic View Subdivision, according to the official plat
thereof, records of Ada County, Idaho, and which parcel is
also described as follows:
Commencing at a brass cap marldng the quarter corner
common to Sections 16 and 17, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho; thence
North 00°22'58" West 1,326.59' to the Northeast corner of
the Southeast quarter of the Northeast quarter of said
Section 17; thence
North 89°58'30" West 391.41' to the Northeast corner of
said Lot 2, said point being the real point of beginning;
thence
South 00°07'50" East 579.31 feet along the Easterly
boundary of said Lot 2 to a point lying on the centerline of
Magic View Drive, being the Southeast corner of said Lot 2;
thence
South 89°37'02" West 315.10 feet along the centerline of
Magic View Drive and Southerly boundary of said Lot 2 to a
point; thence
North 83°21'41" West 64.86 feet along the centerline of
Magic View Drive and Southerly boundary of said Lot 2 to
the Southwest corner of said Lot 2; thence
DEVELOPMENT AGREEMENT (AZ-99-022) - 15
North 83°11'15" West 405.26 feet along the centerline of
Magic View Drive and Southerly boundary of said Lot 3 to
the Southwest corner of said Lot 3; thence
North 00°03'08" West 526.18 feet along the Westerly
boundary of said Lot 3 to the Northwest corner of said Lot
3; thence
South 89°58'30" East 781.08 feet along the Northerly
boundary of said Lots 2 and 3 to the point of beginning.
DEVELOPMENT AGREEMENT (AZ-99-022) - 16
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-99-022) - 17
03-02-00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF W. H.
MOORE CO., THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 10 ACRES LOCATED ON
THE NORTH SIDE OF MAGIC
VIEW DRIVE WEST OF EAGLE
ROAD FOR MAGIC VIEW
OFFICE COMPLEX
Case No. AZ-99-022
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on January 18, 2000, at the hour of 7:30 o'clock p.m., and Shari
Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of W. H. Moore Company was Jonathan Seel, and also appearing
and testifying were affected property owners, Church Had and Howard Foley, and
having received the Recommendation to City Council of the Planning and Zoning
Commission on this matter, and the City Council having duly considered the
evidence and the record in this matter therefore makes the following Findings of Fact
and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
Judicial Notice:
The Council may take judicial notice of government ordinances, and policies,
and of actual conditions existing within the City and State.
Annexation:
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area which is
designated in the Comprehensive Plan City of Meridian adopted December 21,1993,
Ord. No. 629, January 4,1994, and as provided in Meridian City Code § 1I-16-3.
2.
The City Council exercises its legislative authority in the annexation
and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho
65 (1983).
Prior to annexation the City Council shall request and receive a
recommendation from the Planning and Zoning Commission of proposed zoning
ordinance changes for the area to be annexed in accordance with the notice and
hearing procedures provided in Section 67-6509, Idaho Code and concurrently or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
immediately following the adoption of an ordinance of annexation, the City Council
shall amend the Planning and Zoning Ordinance. [Lc. § 67-6525] [Meridian City
Code § 11-16-1.]
Zoning:
3.
The City of Meridian shall exercise the powers conferred upon it by the
Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of
Title 67 Idaho Code which provides that the Council shall by ordinance establish
within its boundaries one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan. [LC. § 67-65II].
4.
The "Zoning Ordinance" of the City of Meridian applies and regulates
all development of land within the City limits and property outside the City limits
for which annexation has been requested. [Meridian City Code § 11-1-3.]
5.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act" by the adoption of the "Zoning
Ordinance" of the City of Meridian, Idaho, which provides for various zoning
districts. [Meridian City Code §§ 11-1 - 11-21.]
5.1
The "Zoning Ordinance" provides a zoning district (L-O) Limited
Office District which is defined as: [Meridian City Code § 11-7-2
G.]
(L-O) Limited Office District: The purpose of the L-O District
is to permit the establishment of groupings of professional,
research, executive, administrative, accounting, clerical,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
5.2
5.3
5.4
5.5
stenographic, public service and similar uses. Research uses shall
not involve heavy testing operations of any kind or product
manufacturing of such a nature to create noise, vibration or
emissions of a nature offensive to the overall purpose of this
District. The L-ODistrict is designed to act as a buffer between
other more intense nonresidential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in
this District.
The "Zoning Ordinance" provides for a "Zoning Schedule for Use
Control" for land uses in various established zoning districts for
permitted use, conditional use and permitted accessory use.
[Meridian City Code § 11-6-1.]
The "Zoning Ordinance" provides for a zoning District Map
where the zoning districts established by the ordinance are
shown. [Meridian City Code § II-6-1.]
The "Zoning Ordinance" provides for general procedures for the
initiation and process of zoning amendment applications
including notice and hearing procedures before the Planning and
Zoning Commission and the City Council. [Meridian City Code §
11-15-1 - 11-15-6.]
The General Standards Applicable To Zoning Amendments
include the following [Meridian City Code § 11-15-1 I]:
5.5.1 Will the new zoning be harmonious with and in
accordance with the Comprehensive Plan and, if not, has
there been an application for a Comprehensive Plan
amendment;
5.5.2 Is the area included in the zoning amendment intended to
be rezoned in the future;
5.5.3 Is the area included in the zoning amendment intended to
be developed in the fashion that would be allowed under
the new zoning - for example, a residential area turning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
"'11"'>1i'.<' ""'IF' '
I'
inw commercial area by means of conditional use permits;
5.5.4 Has there been a change in the area or adjacent areas
which may dictate that the area should be rezoned. For
example, have the streets been widened, new railroad
access been developed or planned or adjacent area being
developed in a fashion similar to the proposed rezone
areas;
5.5.5 Will the proposed uses be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area;
5.5.6 Will the proposed uses not be hazardous or disturbing to
existing or future neighboring uses;
5.5.7 Will the area be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
adequately any of such services;
5.5.8 Will not create excessive additional requirements at public
cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
5.5.9 Will the proposed uses not involve uses, activities,
processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property
or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
5.5.10 Will the area have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
5.5.1 I Will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
5.5. 12 Is the proposed zoning amendment in the best interest of
the City of Meridian.
6.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho
Code by the adoption of Comprehensive Plan City of Meridian adopted December
21,1993, Ord. No. 629, January 4,1994.
Development Conditions:
7.
The City is authorized by Lc. § 67-651 I A by the adoption of an
ordinance to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject parcel
which the City has enacted as a part of the "Zoning Ordinance" at Meridian City
Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11-
16-4.
8.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
9.
The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Meridian City Code § 11-2-4 which pertains to development time schedules and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
requirements; Meridian City Code § 12-4-13, which pertains to the piping of ditches;
and Meridian City Code § 12-5-2 N, which pertains to pressurized irrigation systems.
10.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for January 18, 2000, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the January 18,
2000, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-651 I, and Meridian City Code §§ 11-15-5
and 11-16-1.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Titles 1 I and 12, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
4.
. The property is approximately 1 a acres in size. The property is located
on the north side of Magic View Drive west of Eagle Road. The property is
designated as Lots 2 and 3, Magic View Subdivision, and described as follows:
LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION
A parcel of land located in the Northeast quarter of Section 17, Township 3
North, Range 1 East, Boise Meridian, Ada Cpunty, Idaho, being all of Lots 2
and 3 in the Amended Magic View Subdivision, according to the official plat
thereof, records of Ada County, Idaho, and which parcel is also described as
follows:
Commencing at a brass cap marking the quarter corner common to Sections 16
and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho;
thence
North 00°22'58" West 1,326.59' to the Northeast corner of the Southeast
quarter of the Northeast quarter of said Section 17; thence
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said
point being the real point of beginning; thence
South 00°07'50" East 579.3 I feet along the Easterly boundary of said Lot 2 to
a point lying on the centerline of Magic View Drive, being the Southeast
corner of said Lot 2; thence
South 89°37'02" West 315. 10 feet along the centerline of Magic View Drive
and Southerly boundary of said Lot 2 to a point; thence
North 83°21'41" West 64.86 feet along the centerline of Magic View Drive
and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2;
thence
North 83°11'15" West 405.26 feet along the centerline of Magic View Drive
and Southerly boundary of said Lot 3 to the Southwest comer of said Lot 3;
thence
North 00°03'08" West 526.18 feet along the Westerly boundary of said Lot 3
to the Northwest corner of said Lot 3; thence
South 89°58'30" East 78 I .08 feet along the Northerly boundary of said Lots 2
and 3 to the point of beginning.
5.
The owner of record of the subject property is W.H.Moore/Jim Boyd, of
PO Box 8204, Boise, Idaho.
6.
Applicant is owner of record.
7.
The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of residential property.
8.
The Applicant requested the property be zoned as Limited Office (L-O).
9.
The subject property is bordered to the north by Greenhill Estates
Subdivision and city limits of the City of Meridian are adjacent and abut the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
property to the south and east sides of the property.
10.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
12.
The Applicant proposes to develop the subject property in the following
manner: Develop an office complex.
13.
The Applicant requests zoning of the subject real property as Limited
Office (L-O) which is consistent with the Meridian Comprehensive Plan Generalized
Land Use Map which designates the subject property as Commercial and Mixed
/Planned Use Development.
14.
There are no significant or scenic features of major importance that
affect the consideration of this application.
15.
The Applicant request zoning of the subject real property as Limited
Office (L-O). The application is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Commercial and
MixedIPlanned Use Development. Further, this application is consistent with the
following provisions of the Meridian Comprehensive Plan:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
The subject property is located in an area designated as Mixed/Planned Use
Development in the Meridian Comprehensive Plan. It is within the Meridian
Urban Service Planning Area.
COMPREHENSIVE PLAN POLICIES
Economic Development Chapter
Policies 1.2, 1.3, and 1.9
Land Use Chapter
Policies 4AU, 4.8U, 5.8, 5.9, 5.11, 5. l4U, 5. l5U
Community Design Chapter
Policies 1.3, lA, 2.1U, 2.2U, 2.3U and 2.5U
16.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development
will not impose expense upon the public if the following conditions of
development are imposed as a condition of Staff review and approval of
development permits, and which restrict the use and. development of the
subject real property under the Limited Office Development procedures and
pursuant to the conditional use permit process, to-wit:
Adopt the Recommendations of the Planning and Zoning Staff, modified
at the request of the Planning and Zoning Commission as follows:
16.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-
605.M. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
written confinnation of said approval submitted to the Public
Works Department. No variances have been requested for tiling of
any ditches crossing this project.
16.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
16.3 Off-street parking shall be provided in accordance with Section
11-2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
16.4 Paving and striping shall be in accordance with the standards set
forth in Sections 1I-2-4l4.D.4 and 1I-2-414.D.5 of the City of
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
16.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
16.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 1I-2-l4.D.3,
16.7 All signage shall be in accordance with the standards set forth in
Section 1I-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing signs
will be pennitted.
16.8 Applicants shall provide five-foot-wide sidewalks in accordance
with City Ordinance Section 11-9-606.B.
16.9 All construction shall confonn to the requirements of the
Americans with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
16.10 Applicant shaIl enter into a License Agreement with Ada County
Highway District to construct, and perpetuaIly maintain, a 30-
foot wide buffer with a 4-foot high berm and a 6-foot high solid,
wooden fence on top of the benn along the entire length of Lot 2
in the Amended Magic View Subdivision. This obligation shall
be appurtenant to Lot 2.
l6.1I Applicant shall construct a minimum 20-foot wide buffer with a
4-foot high berm and a 6-foot high solid, wooden fence on top of
the berm along the entire length of Lot 3 in the Amended Magic
View Subdivision.
16.12 Applicant shall be required to dedicate all right-of-way along St.
Luke's Street, and Magic View Drive by recorded Warranty Deed
or recorded plat prior to the issuance of any building permits.
16.13 The Applicant has submitted a draft site plan to provide a general
overview of expected development type location and amenities.
The proposed site plan proposes to the dedication of a new public
right-of-way. All public easements shaIl be designed by plat or
other document of record showing their location.
16.14 Existing easements are shown on the recorded plat of the
Amended Magic View Estates Subdivision which will be in
conflict with the new proposed layout. Applicant shall vacate
conflicting easements prior to applying for building permits.
17.
It is found that if the developer pays for the requested
improvements and complies with the conditions set forth in these findings of
fact, and all sub-parts, the economic welfare of the City and its residents and
tax and rate payers wiIl be protected, which requirement shall be included in a
development agreement, a condition of annexation and zoning designation.
18.
It is found that the development considerations which must be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
taken into account, in order to assure the proposed development is designed,
constructed, operated and maintained in a manner which is hannonious and
appropriate in appearance with the existing, or intended character of the
general vicinity, in order to assure that the proposed use will not change the
essential character of the affected vicinity and will insure that the proposed
uses will not be hazardous or disturbing to the existing, or future neighboring
uses, particularly considering the impact of proposed development on potential
to produce excessive traffic, noise, smoke, fumes, glare and odors.
Decision and Order now, therefore, based upon the above and foregoing
Findings of Fact and Conclusions of Law, the City Council does hereby
ORDER and this does ORDER:
1. The applicant's request for annexation and zoning of
approximately 10.00 acres to Limited Office (L-O) is granted subject to the
terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 10.00 acres. The
legal description shall be prepared by a Registered Land Surveyor, Licensed by
the State of Idaho, and shall conform to all the provisions of the City of
Meridian Resolution No. 158. The legal description for annexation must place
this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in
the event the conditions therein provided are not met by the Developer that
the property shall be subject to re-zone and de-annexation from the City of
Meridian, which Agreement shall provide for the following conditions of use
and development; to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
3.A
The Applicant shall use the subject property to develop, use and
maintain professional office with any other uses permitted in the
subject zone only as a conditional use.
3.B. The Applicant shall develop the subject property in accordance
with the following conditions:
3.B. I Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance 11-9-605 .M. Plans will need to be
approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No
variances have been requested for tiling of any ditches
crossing this project.
3.B.2 Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape
irrigation.
3.B.3 Off-street parking shall be provided in accordance with
Section 1 I -2-414 of the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific
requirements.
3.B.4 Paving and striping shall be in accordance with the
standards set forth in Sections 11-2"414.D.4 and 11-2-
414.0.5 of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
3.B.5 A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer (Ord. 557, 10-1-91) for all off-street
parking areas. All site drainage shall be contained and
disposed of on-site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
3.B.6 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 1 I -2-14.D.3.
3.B.7 All signage shall be in accordance with the standards set
forth in Section 11-2-415 of the City of Meridian Zoning
and Development Ordinance. No temporary signage or
flashing signs will be permitted.
3.B.8 Applicants shall provide five-foot-wide sidewalks in
accordance with City Ordinance Section 1 I -9-606.B.
3.B.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
3.B.1OApplicant shall enter into a License Agreement 'Nith Ada
County Highway District to construct, and perpetually
maintain, a 30-foot wide buffer with a 4-foot high berm
and a 6-foot high solid, wooden fence on top of the berm
along the entire length of Lot 2 in the Amended Magic
View Subdivision. This obligation shall be appurtenant to
Lot 2.
3.B.IIApplicant shall construct a minimum 20-foot wide buffer
with a 4-foot high berm and a 6-foot high solid, wooden
fence on top of the benn along the entire length of Lot 3 in
the Amended Magic View Subdivision.
3.B.12Applicant shall be required to dedicate all right-of-way
along St. Luke's Street, and Magic View Drive by recorded
Warranty Deed or recorded plat prior to the issuance of
any building permits.
3.B.13The Applicant has submitted a draft site plan to provide a
general overview of expected development type location
and amenities. The proposed site plan proposes to the
dedication of a new public right-of-way. All public
easements shall be designated by plat or other document of
record showing their location.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX! BY: W.H. MOORE CO.! CASE NO. AZ-99-022
3 .B.14Existing easements are shown on the recorded plat of the
Amended Magic View Estates Subdivision which will be in
conflict with the new proposed layout. Applicant shall
vacate conflicting easements prior to applying for building
pennits.
4. The City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation
of the real property which is the subject of the application to (L-O) Limited
Office District (Meridian City Code § 11-7-2 G).
5. Subsequent to the passage of the Ordinance provided for in
section 4 of this Order the engineering staff of the Public Works Department
shall prepare the appropriate mapping changes of the official boundaries and
zoning maps as provided in Meridian City Code § I 1-21-1 in accordance with
the provisions of the annexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of
the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person
is a person who has an interest in real property which may be adversely
affected by the issuance or denial of the annexation and zoning and who may
within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
7-ð.
day of ÎV1.JiA vt..-
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED ~'--'
COUNCILMAN KEITH BIRD
VOTED ~---
VOTED~
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
VOTED*
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: $- 7~oo
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX ¡ BY: W.H. MOORE CO. ¡ CASE NO. AZ-99-022
MOTION:
APPROVEDß DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Public
Works Department and the City Attorney.
By~~~Gl
Ity Clerk '
Dated:
J-- 7- tJo
msyZ:\Work\M\Meridian I 5360M\Magic View\AZFfCls
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX I BY: W.H. MOORE CO. I CASE NO. AZ-99-022
/
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