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Application - Application Withdrawn Charlene Way From:clerk@meridiancity.org Sent:Wednesday, July 01, 2020 8:25 AM To:Charlene Way Subject:Development Application Transmittals - Victory Apartments CPAM, AZ H-2020-0065 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Development Application Transmittal Link to Project Application: Victory Apartments CPAM, AZ H-2020-0065 Transmittal Date: 7/1/2020 Hearing Date: August 6, 2020 Assigned Planner: Sonya Allen To view the City of Meridian Public Records Repository, Click Here The above “Link to Project Application” will provide you with any further information on the project. The City of Meridian is requesting comments and recommendations on the application referenced above. To review the application and project information please click on the application link above. The City of Meridian values transparency and makes a variety of information available to the public online through our public records repository. We request that you submit your comments or recommendations prior to the hearing date specified above. When responding, please reference the file number of the project. If responding by email, please send comments to cityclerk@meridiancity.org. For additional information associated with this application please contact the City of Meridian Planner identified above at 208-884-5533. Thank you, City Clerk’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cityclerk@meridiancity.org To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Commission Hearing Date: August 20, 2020 Planner: Sonya File No.: H-2020-0065 Project Name: Victory Apartments Request: • Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the designation on 18.45 acres of land from Medium Density Residential (MDR) to Medium High Density Residential (MHDR). • Annexation of 18.45 acres of land with an R-15 zoning district. by Wendy Shrief, J-U-B Engineers, Inc. Location: The site is located at the southwest corner of S.Meridian Rd./SH-69 and W.Victory Rd., in the NE 1/4 of Section 25, Township 3N., Range 1 W. and the SE '/4 of Section 24, Township 3N.,Range 1 W. ��WE I DIAN r---� Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: File number(s): Assigned Planner: Related files: Type of Review Requested(cheek all that apply) ❑Accessory Use(check only 1) ❑Final Plat ❑Daycare ❑Final Plat Modification ❑Home Occupation ❑Landscape Plan Modification ❑Home Occupation/Instruction for 7 or more ❑Preliminary Plat ❑Administrative Design Review ❑Private Street ❑DR Modification ❑Property Boundary Adjustment ❑Alternative Compliance ❑Rezone [3Annexation and Zoning ❑ Short Plat ❑Certificate of Zoning Compliance ❑Time Extension(check only 1) ❑ CZC Modification ❑Director ❑City Council Review ❑Commission [3Comprehensive Plan Map Amendment ❑Council ❑Comprehensive Plan Text Amendment ❑UDC Text Amendment ❑Conditional Use Permit ❑Vacation(check only 1) ❑Conditional Use Permit Modification(0 ✓only 1) ❑Director ❑Director ❑ Commission ❑Commission ❑Variance ❑Development Agreement Modification ❑Other Applicant Information Applicant name: J-U-B Engineers,Inc. Phone: 2 0 8 . 3 7 6. 7 3 3 0 Applicant address: 250 S . Beechwood Email: wshrief@jub. com City: Boise, ID 83709 State: Zip: Applicant's interest in property: ❑ Own ❑Rent ❑Optioned 12 Other agent for contract purchaser Owner name: SW Victory,LLC . Phone: Owner address: PO Box 51298 Email: ctaylor@ballventures . com City: ID Falls State: ID Zip: Agent/Contact name(e.g.,architect,engineer,developer,representative): Wendy Shrief,Planner Firm name: J-U-B Engineers,Inc. Phone: 208-376-7660 Agent address: 250 S Beechwood Ave.,Ste.201 Email: wshrief@jub.com City: Boise State: ID Zip: 83709 Primary contact is: ❑Applicant ❑Owner ®Agent/Contact Subject Property Information Location/street address: Intersection of Victory Rd and Meridian Rd Township,range,section: 3N, 1 W,Sections 24&25 Assessor's parcel number(s): S1223339150, S1225110160 Total acreage: 17 ac Zoning district: RUT S122511OQ62 S1225110102 Community Development■Planning division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.rneridianc:ily.orWp€anning -1 Rev:(2/11/2020) Project/subdivision name: Victory Apartments General description of proposed project/request: The proposed development includes a multi-fammily residential subdivision with a clubhouse amenities,parking,and related infrastructure. Proposed zoning district(s): R-15 Acres of each zone proposed: 17 Type of use proposed(check all that apply): M Residential ❑Office❑ Commercial❑Employment❑Industrial ❑Other Who will own&maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Nampa Meridian Irrigation District Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated(if primary or secondary point of connection is City water): Residential Project Summary(if applicable) Number of residential units: 188 Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units and square footage of living area(for multi-family developments only): 1 bedroom: 2-3 bedrooms: 188 4 or more bedrooms: (up to: 500 sq. feet) (up to:250-500 sq. feet) (up to: 500 up to 1200 sq. feet) Minimum square footage of structure(excl. garage): Maximum building height: Minimum property size(s.f): Average property size(s.f.): Gross density(Per UDC I I-lA-1): 11.05 units/ac Net density(Per UDC 11-IA-1): 14 units/ac Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres(Per UDC 11-3G-3B): Amenities provided with this development(if applicable): clubhouse and pool Type of dwelling(s)proposed: ❑ Single-family Detached ❑ Single-family Attached ❑Townhouse ❑Duplex ®Multi-family ❑Vertically Integrated ❑Other Non-residential Project Summary(if applicable) Number of building lots: Common lots; Other lots: Gross floor area proposed: Existing(if applicable): Hours of operation(days and hours): Building height: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Wendy Shrief,Mai Applicant signature: Date: Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.tneridiancity..orgplanning -2- Reis:(2/1112020) ETT Planning Division IDIA `� �' HEARING APPLICATION DAiit3 Type of Review Requested Hearing File number: H-2020-0065 Assigned Planner: Sonya Allen Related Files: Applicant Information Applicantname: WENDY SHRIEF, JUB ENGINEERS, INC. Phone: 208-376-7330 Applicant address: 250 S BEECHWOOD AVE STE 201 zip: 83709 Email: wshrief@jub.com Owner name: Phone: Fax: Owner address: Zip: Email: Agent name(e.g.architect,engineer,developer,representative): W E N DY S H R I E F Firmname: JUB ENGINEERS, INC. Phone: 208-376-7330 Fax: Address: 250 S BEECHWOOD AVE STE 201 zip: 83709 Email: wshrief@jub.com Contactname: WENDY SHRIEF Phone: 208-376-7330 Fax: Contact address: 250 S BEECHWOOD AVE STE 201 zip: 83709 Email: wshrief@jub.com Subject Property Information Location/street address: Assessor's parcel number(s): S 1225110160 Township,range,section: Project Description Project/Application Name: Victory Apartments -AZ, CPAM Description of Work: 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 1 Application Information APPLICATION TYPES Is this application exempt from fees?: No Annexation and Zoning-AZ: CHECKED AZ-Staff Prepared Consensual: No Comprehensive Plan Map Amendment-CPAM: CHECKED ADDRESS VERIFICATION Address Verification Permit Number: LDAV-2020-0296 PROPERTY INFORMATION Total Acreage: 17 ZONING DISTRICT(S) County: CHECKED PROJECT INFORMATION In Reclaimed Water Buffer: No TIME EXTENSION INFORMATION Number of months extension: 24 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 2 WI DIAN=--- Planning Division ANNEXATION/REZONE ■ Application Checklist Project name: Victory Apartments File#: Applicant/agent: J-U-B Engineers.Inc./Wendy Shrief,Planner APPLICATIONS WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE SUBMITTED ELECTRONICALLY. All applications are required to contain one electronic copy of each of the following with the applicable naming convention: Applicant Description Document Staff 0 Naming Convention X Completed and signed Development Review Application Development Review Application X Narrative fully describing the proposedproject Narrative Legal description of the property to be annexed and/or rezoned AZ Exhibit • Include a metes and bounds description commencing at a section comer or quarter corner to the section line(when applicable)or center-line of all RZ Exhibit adjacent roadways,stamped and signed by a registered professional land surveyor,(please also provide a basis-of—bearing from a section corner to an X adjacent quarter-comer to allow for accurate input into our GIs system) • Scaled exhibit map showing the boundaries of the legal description in compliance w/the requirements of the Idaho State Tax Commission Property Tax Administrative Rules IDAPA 35.01.03.225.0l.h 0. If requesting more than one zoning designation,include a legal description for each zone along with an overall annexation/rezone boundary description. Also include the boundaries of each different zone on the map *Note.When also submitting a Pr•eliminmy Plat application,a separate legal description is required for the boundaries of the plat,excluding property to the section line or center-line as re uired or annexationsh•ezone Recorded warranty deed for the subject proper Warranty Deed Affidavit of Legal Interest signed and notarized by the property Affidavit of Legal Interest X owner(If owner is a corporation,submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent) Scaled vicinity map showing the location of the subject property Vicini Map X Pre-application meeting notes(All applications that require a public hearing Pre-app Notes are required to conduct a pre-application meeting with the Planning Division Neighborhood meeting sign-in sheet(Applicants are required to hold a Neighborhood Mtg X neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application) X Commitment of Property Posting form signed by the Conunitment of Property Posting applicant/agent Address/Parcel Verification Request must be submitted via the LDAV following URL: htt s.//citizen ortaI.ineridiancit .or CitizenAccess/Defautt.as x Once verified,insert the Address Verification Record ID(LDAV #)here Fee The fees will be assessed once all checklist items are verified.) (Please call the Planning Division to calculate correct fee. Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.nicridianci! .or tannin (0312612020) lications with incorrect fees will not be accepted.) For new public utility construction(water,sewer,reclaimed water)applicants are required to submit: Submit a PDF copy of the conceptual engineering plans,including Public Utility Plan NSA- pipe sizes and profiles AutoCad version of the conceptual engineering plans in a format Autocad file that complies with the specifications for project Drawings found NOr at: httgs:llmeri d i anc i ty.orgll andlAuta°/o2 QCAI]°Io24S tandards%2Q201 8. df Note: Only one electronic copy of the above items need be submilted when submitting multiple applications Additional Requirements for Annexation/Rezone Applications-. Applicant Description Document Staff Naming Convention (�) If this application is not accompanied by a plat,conditional use Concept Plan and Elevations permit,or planned unit development application, submit a conceptual development plan and elevations for the property(also submit an electronic version of the plan(s)in pdf format on a disk with the file named with project name and plan type[i.e.conceptual development plan,elevations]). Community Development r Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancit .orglplanning Mar-22-2011 09:22 AM Ball Ventures 208-227-0445 414 EFFECTIVE zeo RESTATEMENT OF CERTIFICATE OF ORGANIZATION 20111.14� 22 `�f #�: �9 LIMITED LIABILITY COMPANY ter (Instructions on backdapplicatlon) 1. The name of the limited liability company Is: SW Victory, L!_C 2. The date the certificate of organization were filed was: December 20,2004 3. The oomplete street and mailing addresses of the designated principal office is amended to: 901 Pier view Drive,Ste 201, Idaho Falls, ID,83402 PO Box 51298. Idaho Falls,A 83405 The Certificate of 0manizatio tgted te_eaad• 4. The name of the limited liability company is: S. The registered agent and registered office Is: Thel W.Casper.Esq.,901 Pler Mew Drive, Suite 201,Idaho FaUs. ID,83402 8- The mailing address forfeiture oomspondenos Is: PO Box 51298 Idaho Fells, ID 83406 7. The name and address of at least one manager or member. BV Management Services,Inc. PO Bost 51298,Idaho Falls,ID,83405 8. Signature of amanRger mberor81hodze#pe Signature Typed Name Cortrigy Liddiard secretary of stale use orb Capac4 President of Manager Signature 'typed Name Capacity+ IlAtltl SECRETARY OF STATE 83/222/2011 05=08 CK.- NX CT.- 167598 Nlfis IM59 1 9 39.89 = 39.99 AItAULI.0 1 2 E AN-- Planning Division COMPREHENSIVE PLAN AMENDMENT Application Checklist Project name: Victory Apartments File#: Applicant/agent: J-U-B Engineers,Inc./Wendy Shrief,Planner APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE.SUBMITTED ELECTRONICALLY. All applications are required to contain one electronic copy of each of the following with the applicable naming convention: Applicant Document Staff Requirements for Text and Map Amendments � M Naming Convention ( ) X Com leted and signed Development Review Application Develo ment Review Application Narrative fully describing the proposed request Narrative ➢ Specific details of the change requested ➢ Address how the proposed amendment provides an improved X guide to future growth and development of the city ➢ Any other data and information that would support this request ➢ Specific information on any property involved ➢ Development intentions for any land involved X Pre-application meeting notes(All applications that require a public hearing are Pre-app Notes required to conduct a pre-application meeting with the Planning Division.) X Fee(The fee will be assessed once all checklist items are verified.) Additional Requirements for Map Amendments Neighborhood meeting sign-in sheet(Applicants are required to hold a Neighborhood Mtg X neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application.) X Recorded warranty deed for the subject roe Warrant Deed Affidavit of Legal Interest signed and notarized by the property owner Affidavit of Legal Interest X (If owner is a corporation,submit a copy of the Articles of Incorporation or other evidence to show that the person siyning is an authorized agent.) X Commitment of Property Postin form signed by the applicant/agent Commitment of Property Posting x Scaled vicinity map showing the location of the subject property Vicinity Ma Address/Parcel Verification Request must be submitted via the LDAV following URL: https:/Icitizenportal.tneridiancity.orgf CitizenAccess/Default.aspx Once verified,insert the Address Verification Record ID(LDAV#) here Additional Requirements for Text Amendments X Include the following additional information in the narrative: Proposed Text Changes v Underline and strikeout changes for text amendments Note: Only one copy of the above items need be subrnitted when submitting multiple applications, PLEASE NOTE THAT ALL MAP AMENDMENT APPLICATIONS MUST BE COMPLETE AS OF JUNE 15TH AND DECEMBER 15TH Community Development n Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancit .or lannin (0312712020) ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 4� BOISE IDAHO 12128/04 12:31 PM DEPUTY Neava Haney RECORDED—REOUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII I Title One 104163644 Order No.: A0434741 WARRANTY DEED FOR VALUE RECEIVED, TIMOTHY MUSSELL and CAROL MUSSELL, husband and wife and MICHAEL MUSSELL and PATTY MUSSELL, husband and wife, the Grantors, do hereby grant, bargain sell and convey unto SW VICTORY, LLC, an Idaho limited liability company whose current address is P.O. Box 2020, Boise, ID 83701, the Grantee, the following described premises, in Ada County, Idaho, TO WIT: Parcel I: A part of the Northeast Quarter of the Northeast Quarter of Section 25, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Section corner common to Sections 24 and 25, Township 3 North, Range 1 West of the Boise Meridian and Sections 19 and 30, Township 3 North, Range I East of the Boise Meridian; thence North 89°47' West 25.00 feet to the REAL POINT OF BEGINNING; thence South 283.68 feet to an iron pin on the right bank of the Ridenbaugh Canal; thence North 45051'30" West, 318.04 feet along the right bank of the said canal to a point; thence South 44°08'30" West 45.25 feet to an iron pin on the left bank of the Ridenbaugh Canal; thence South 16006'30" West, 613.74 feet to an iron pin; thence North 60036'30" West, 68.67 feet to an iron pin; thence North 59°08' West, 210.37 feet to an iron pin; thence North 63°58' West, 9.90 feet to an iron pin; thence North 16°29'30" East, 563.48 feet to an iron pin on the North boundary of the said Section 25; thence South 89°47'East along the North line of the said Section 25, 519.34 feet to the POINT OF BEGINNING. SAVE AND EXCEPT that portion lying North of the said Ridenbaugh Canal. Parcel II: Part of the Northeast Quarter of the Northeast Quarter of Section 25, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Section corner common to Sections 24 and 25, Township 3 North, Range I West of the Boise Meridian and Sections 19 and 30, Township 3 North, Range 1 East of the Boise Meridian; thence North 89°47' West 25 feet to a point; thence South parallel to the East line of said Section 25, 283.68 feet to a 1/2 x 24" rebar marking the REAL POINT OF BEGINNING; thence continuing South 642.83 feet to a point; thence North 60°36'30" West, 493.54 feet to a 1/2 x 24" rebar; thence North 16°06'30" East, 613.74 feet to a 1/2 x 24" rebar; thence North 44°08'30" East, 45.25 feet to a point on the right bank of the Ridenbaugh Canal; thence South 45°5 F30" East, 318.04 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM that portion deeded to the State of Idaho in a Warranty Deed recorded March 30, 1987 as Instrument No. 8718483, of Official Records, more particularly described as follows: A parcel of land being on the Westerly side of the centerline of State Highway No. 69, Project No. SR-RS-3782(2) Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department, Division of Highways, and being a portion of the Northeast Quarter of the Northeast Quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, described as follows, to-wit: COMMENCING at the Northeast corner of Section 25, Township 3 North, Range 1 West, Boise Meridian; thence North 89°12'39" West (shown of record to be North 89°47' West) along the North line of said Section 25 a distance of 25.0 feet to a point in the Westerly right of way line of existing State Highway No. 69; thence South 0°25'42" West (shown of record to be South) along said existing Westerly right of way line 283.68 feet to the Northeast corner of the tract of land as described in that certain Warranty Deed dated October 29, 1969, recorded July 10, 1975 as Instrument No. 7518782 records of Ada County, Idaho and being the REAL PLACE OF BEGINNING; thence continuing South 0°25'42" West (shown of record to be South) along said existing Westerly right of way line which is also the East line of the above mentioned tract of land 642.83 feet to the Southeast corner of said tract of land; thence North 60°10'48" West(shown of record to be North 60°36'30" West) along the Southwesterly line of said tract of land 45.91 feet to a point in a line parallel with and I 60.0 feet Westerly from the centerline and opposite Station 371+96.75 of said State Highway No. 69, Project No. SR-RS3782(2) Highway Survey; thence North 0°25'42" East along said parallel line 659.11 feet to a point in the Northeasterly line of the above mentioned tract of land opposite Station 378+55.86 of said Highway Survey; thence South 45°25'48" East (shown of record to be South 45°51'30" East) along said Northeasterly line 56.0 feet, more or less to the REAL PLACE OF BEGINNING. Parcel III: Part of the Northeast Quarter of the Northeast Quarter of Section 25, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Section corner common to Sections 24 and 25, Township 3 North, Range 1 West of the Boise Meridian, and Sections 19 and 30, Township 3 North, Range 1 East of the Boise Meridian; thence North 89°47' West along the North line of said Section 25, Township 3 North, Range 1 West, 544.34 feet to a 1/2 x 24" rebar, marking the REAL POINT OF BEGINNING; thence continuing North 89°47' West 341.18 feet to a 1/2 x 24" rebar; thence South 0°04'30" West 452.77 feet to a 1/2 x 24" rebar; thence South 63°58' East 202.35 feet to a 1/2 x 24" rebar; thence North 16°29'30" East 563.48 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM any mobile home(s) located thereon. TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor(s) do(es)hereby covenant to and with the said Grantee(s), that(s)he is/are the owner(s) in fee simple of said premises;that they 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 all existing patent reservations,easements,right(s)of way, protective covenants,zoning ordinances,and applicable building codes, laws and regulations,general taxes and assessments, including irrigation and utility easements(if any) for the current year,which are not due and payable,and that Grantor(s)will warrant and defend the same from all lawful claims whatsoever. Dated: December 92004 TI O Y SSEL C OL L11 MICIiAEL MUSSELL PATTY USSE L I State of Idaho ) ss: County of Ada ) On this 4 �ay of December 2004, before me, the undersigned a Notary Public in and for said state personally appeared Timothy Mussell and Carol Mussell known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WI ES OF I have set my hand and official seal on the date shown above. VRA1vkl�"on �O Y f Nota Public if �OT' Y 0 Commission Expires: 0* AWO-M U pUBo-0 : o 0 ••NN• • .SO�n State of Idaho ) �'�,��R ©F 1''Dp, P; ss: County of Ada ) On this,��- day of December 2004, before me, the undersigned a Notary Public in and for said state personally appeared Michael Mussell and Patty Mussell known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNE S HE F I have set my hand and official seal on the date shown above. Notary P blic ��•� ,°' Commission Expires: /�/,s,//o ®��r �• 21' OFI'D 0 `�ccccecccoo0oo I v u ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 4 BOISE IDAHO 120104 12:31 PM ti DEPUTY Neava Haney III I I II II I I II I IIII I II I II I I III I I I'I III RECORDED—REQUEST OF 1 Title One 041E3645 Order No.: A0435193 WARRANTY DEED FOR VALUE RECEIVED, JAMES A.FUHRMAN and DIANE C. FUHRMAN, husband and wife,the Grantors,do hereby grant,bargain sell and convey unto SW VICTORY,LLC, an Idaho limited liability company whose current address is P.O. Box 2020,Boise,ID 83701,the Grantee,the following described premises,in Ada County, Idaho, TO WIT: Parcel I: A part of the Northeast Quarter of the Northeast Quarter of Section 25,Township 3 North,Range 1 West of the Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 24 and 25, Township 3 North, Range 1 West of the Boise Meridian and Sections 19 and 30,Township 3 North,Range 1 East of the Boise Meridian;thence North 89 degrees 47'West 25.00 feet to the REAL POINT OF BEGINNING;thence South 283.68 feet to an iron pin on the right bank of the Ridenbaugh.Canal;thence North 45 degrees 5 P30" West, 318.04 feet along the right bank of said canal to a point; thence South 44 degrees 08'30" West 45.25 feet to an iron pin on the left bank of the Ridenbaugh Canal;thence South 16 degrees 06'30" West 613.74 feet to an iron pin; thence North 60 degrees 36'30" West 68.67 feet to an iron pin;thence North 59 degrees 08'West 210.37 feet to an iron pin;thence North 63 degrees 58' West 9.90 feet to an iron pin;thence North 16 degrees 29'30"East, 563.48 feet to an iron pin on the North boundary of the said Section 25;thence South 89 degrees 47'East along the North line of the said Section 25, 519.34 feet to the REAL POINT OF BEGINNING. SAVE AND EXCEPT that portion lying South of the Ridenbaugh Canal. I i ALSO EXCEPT: A parcel of land being the Westerly side of the centerline of State Highway No. 63, Project No. SR-RS-3782(3)Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department,Division of Highways, and being a portion of the Northeast Quarter of the Northeast Quarter of Section 25,Township 3 North,Range 1 West,Boise Meridian,described as follows,to-wit: Beginning at the Northeast comer of the Northeast Quarter of the Northeast Quarter of Section 25,Township 3 North,Range 1 West,Boise Meridian;thence South 00 degrees 35'43" West along the East line of said Northeast Quarter of the Northeast Quarter a distance of 303.00 feet more or less,to a point in the Northeasterly line of Ridenbaugh Canal;thence North 45 degrees 25'48" West(shown of record to be North 45 degrees 51'30" West) along said Northerly canal line 100.00 feet, more or less,to a point in a line parallel with and 65.00 feet Westerly from the centerline and bears North 89 degrees 34'18" West from Station 378+55.86 of said State Highway No. 69, Project No. SR-RS-3782(2)Highway Survey;thence North 00 degrees 25'41" East along said parallel line 195.18 feet to a point opposite Station 380+41.04 of said Highway Survey;thence North 44 degrees 23'28" West 28.37 feet to a point in a line parallel with and 40.00 feet Southerly from the centerline and bears South 00 degrees 47'21" West from Station 0+84.75 of the Victory Road Survey as shown on the plan of said Highway Survey;thence North 89 degrees 12'39" West along said parallel line 87.49 feet to a point opposite Station 1+72.24 of said Victory Road Survey;thence Northwesterly along 318.31 foot radius curve right 139.10 feet to a point in the North line of said Northeast Quarter of the Northeast Quarter;thence South 89 degrees 12'39" East along said North line 315.00 feet,more or less,to the REAL PLACE OF BEGINNING. Parcel II: A tract of land situated in the Southeast Quarter of the Southeast Quarter of Section 24, Township 3 North,Range 1 West,Boise Meridian,Ada County, Idaho, described as follows: Beginning at the Southeast corner of said Section 24; thence West along the South Line of Section 24 a distance of 213.77 feet to the REAL POINT OF BEGINNING;thence North 70 degrees 06' West on the chord of a curve with a radius of 200.00 feet and a central angle of 39 degrees 48' a distance of 136.15 feet along the center of Victory Road; thence North 50 degrees 12' West along said center of Victory Road a distance of 56.30 feet; thence I North 55 degrees 37'East a distance of 92.20 feet; thence North 27 degrees 29'East a distance of 30.44 feet; thence North 5 degrees 00'East a distance of 56.73 feet; thence South 89 degrees 31' West a distance of 190.00 feet; thence South a distance of 73.16 feet to the center of Victory Road;thence North 73 degrees 46'06" West on the chord of a curve with a radius of 350.00 feet and a central angle of 14 degrees 44' a distance of 88.92 feet;thence North 81 degrees 04' West along said center of Victory Road a distance of 514.81 feet; thence South 83 degrees 13' West on the chord of a curve with a radius of 250.00 feet and a central angle of 31 degrees 26' a distance of 135.44 feet; thence South 67 degrees 30' West along the center of Victory Road a distance of 45.34 feet; thence South 58 degrees 13'30" West on the chord of a curve with a radius of 100.00 feet and a central angle of 18 degrees 33' a distance of 32.24 feet;thence South 48 degrees 57' West along the center of Victory Road a distance of 55.35 feet to the West line of the Southeast Quarter of the Southeast Quarter;thence South 0 degree 06'20" West along said West line a distance of 161.33 feet to the Southwest corner of the said Southeast Quarter of the Southeast Quarter; thence East along the South line of said Southeast Quarter of the Southeast Quarter a distance of 1105.95 feet to the REAL POINT OF BEGINNING. EXCEPT THEREFROM that portion of said premises deeded to the State of Idaho for the right of way under Quitclaim Deed recorded September 21, 1987 as Instrument No. 8753576 and re-recorded February 25, 1988 as Instrument No. 8808855,records of Ada County,Idaho, described as follows: A parcel of land being on the Westerly side of the centerline of State Highway No. 69, Project No. SR-RS-3782(2)Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department,Division of Highways,and being a portion of the Southeast Quarter of the Southeast Quarter of Section 24, Township 3 North,Range 1 West,Boise Meridian, described as follows: Beginning at the Southeast Comer of Section 24,Township 3 North,Range 1 West, Boise Meridian; thence North 0 degree 38'31" East along the East line of said Section 24 a distance of 1331.0 feet, more or less, to the Northeast corner of the Southeast Quarter of the Southeast Quarter of said Section 24;thence North 89 degrees 26'02" West along the North line of said Southeast Quarter of the Southeast Quarter a distance of 65.0 feet to a point on the line parallel with a 65.0 feet Westerly from the centerline and bears North 89 degrees 21'29" West from Station 394+31.02 of said State Highway No. 69, Project No. SR-RS-3782 (2)Highway Survey;thence South 0 degree 38'31" West along said parallel line 1265.83 feet to a point opposite Station 381+65.19 of said State Highway Survey; thence I South 55 degrees 44'56" West 60.96 feet to a point in a line parallel with and 40.0 feet Northerly from the centerline and bears North 0 degree 47'21" East from Station 1+15.10 of the Victory Road Survey as shown on the plans of said State Highway No. 69,Highway Survey;thence North 89 degrees 12'39" West along said last parallel line 57.14 feet to a point opposite Station 1+72.24 of said Victory Road Survey;thence Northwesterly along a 318.31 foot radius curve right having a central angle of 34 degrees 59'31" a distance of 194.40 feet to a point in the Northeasterly right of way line of existing Victory Road and opposite Station 3+28.98 of said Victory Road Survey; thence South 89 degrees 48'06" West 50.0 feet to point in the Southwesterly right of way line of said existing Victory Road;thence Southeasterly along said existing Southwesterly right of way line being a 318.31 foot radius curve left having a central angle of 15 degrees 31'43" a distance of 86.01 feet to a point in the South line of said Section 24 that bears South 25 degrees 36'57" West 32.42 feet from Station 3+10.17 of said Victory Road Survey;thence South 89 degrees 12'39" East along said South line 320.0 feet, more or less,to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor(s) do(es)hereby covenant to and with the said Granter(s), that(s)he is/are the owner(s)in fee simple of said premises;that they 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 all existing patent reservations,easements,right(s)of way,protective covenants,zoning ordinances,and applicable building codes,laws and regulations,general taxes and assessments,including irrigation and utility easements(if any)for the current year,which are not due and payable,and that Grantor(s)will warrant and defend the same from all lawful claims whatsoever. Dated: December ,2004 �) S A.FUMUVIAN DIANE C.FUERMAN State of Idaho ) } ss: County of Ada ) �P4 On this day of December 2004,before me,the undersigned a Notary Public in and for said state personally appeared TAMES A.FUG and DIANE C.FUHRMAN known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed ��� IN ITNESS WHE I v set my h and official sea %L4?}, }�i$te sho. above. 4g , '�} Notary Public Commission Expires: — p i Meridian / Victory Annexation / Zoning Comp Plan Amendment Neighborhood Meeting 4/16/2020 Sign-In Sheet Beverly Thompson 66 W Rockford St Russell Rice Jr. 225 W Galvani Dr Mark Nero 3050 S Denali Way Larry Chase 309 W Galvani Dr Chris Vondermkamp 3387 S Peoria Way Brendan Goehner 2968 S Alfani Way Karin Schmidt 355 W Victory Rd CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES ProjectlSubdivision Name: South Meridian Road Apartments Date: 03/31/20 Applicant(s)/Contact(s): Wendy Shrief, Eric,Tonn (BVA), Clay, Landon Pilegaard City Staff: Sonya, Caleb, Bill, Tyson,Joe B., Kyle, Kim Warren Location: SWC of S. Meridian Rd. &Victory Rd. Size of Property: 17.01 Comprehensive Plan FLUM Designation: MDR(3-8 units/acre) Existing Use: Vacantlundeveloped land Existing Zoning: RUT Proposed Use: MFR(196 apartment units, 11.5 units/acre) Proposed Zoning: R-15 Surrounding Uses: SFR Street Buffer(s)and/or Land Use Buffer(s):A 35'wide street buffer along S. Meridian Rd./SH-69 and 25'wide street buffer required along W.Victory Rd., landscaped per the standards in UDC 11-3B-7C; provide noise abatement in the form of a berm or berm/wall combination along SH-69 as set forth in UDC 11-3H-4D Open Space/Amenities/Pathways: Qualified open space&site amenities are required per the standards listed in UDC 11-3G-3& 11-4- 3-27&should be centrally located within development(not supportive of open space for active purposes at the intersection of the arterial street&state highway); a detached 10'wide multi-use pathway is required within the street buffer along SH-69 with landscaping on either side per 11-3B-12C; a detached sidewalk is required along Victory Rd.—coordinate location w/ACHD due to constrained area between canal &street Access/Stub Streets/Street System:Access via Victory, no direct access via SH-69 per UDC 11-3H-4B.2 (Council may consider& approve modifications to the access standards upon specific recommendation of ITD);Cross-access should be provided to the west, no stub streets exist from the south to this site Waterways/Topography/Flood Plain:the Ridenbaugh Canal runs along the north boundary, comply w/UDC 11-3A-6, request a waiver from Council to UDC 11-3A-6 for the canal to remain open &not be piped or improve area as a water amenity or linear open space Sewer/Water: Sewer to the west;water is in Victory Rd. &S. Peoria Way,will need 2nd water connection as development isn't contiguous to Peoria History: ROS#6419&7355 Additional Meeting Notes: ■ Amend the Comprehensive Plan FLUM to change the FLUM designation from MDR to MHDR ■ Annexation with R-15 zoning consistent with proposed FLUM designation—submit concept site plan &elevations[elevations should be consistent with design standards in Architectural Standards Manual (ASM)l ■ A CUP is required for a multi-family development in the R-15 district; comply with the dimensional standards in UDC Table 11-2A-7 and the specific use standards listed in UDC 11-4-3-27, Multi-Family Development; development should integrate with adjacent existing &future development; recommend incorporating some SFR lots along Victory west of entry with a public street; structures& site design should be consistent with design standards in ASM—submit Design Review application concurrently with CUP ■ Preliminary plat to subdivide property for ownership purposes ■ Coordinate with AI Christy in Public Works for street lights along Victory&Meridian Rds. ■ If all units are sprinklered,one way in/out is acceptable; otherwise secondary emergency access will be required per Fire Dept.— coordinate with Joe Bongiorno on overall fire access to buildings within the development ■ Coordinate with Building Dept. (Sam Zahorka)to ensure proposed layout(i.e. separation/setbacks) is consistent with Building Code Note:A Traffic Impact Study(TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays&expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s)at the City. Please contact Mindy Wallace at 387- 6178 at ACHD for information in regard to a TIS, conditions,impact fees and process. Other Agencies/Departments to Contact: X Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District(SID) ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department X Fire Department ❑ Other: Application(s) Required: X Administrative Design Review X Annexation X Comprehensive Plan ❑ Alternative Compliance ❑ City Council Review Amendment—Map CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES ❑ Comprehensive Plan Amendment—Text ❑ Final Plat Modification ❑ Short Plat X Conditional Use Permit ❑ Planned Unit Development ❑ Time Extension—Council ❑ Conditional Use Permit X Preliminary Plat ❑ UDC Text Amendment Modification/Transfer ❑ Private Street ❑ Vacation ❑ Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Rezone ❑ Other Notes: 1)Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-6C prior to submittal of an application requiring a public hearing(except for a vacation or short plat);and 2)All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3(except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan.Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four(4)months. COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s)had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. bor n� -1 s fcuj��g Applicant) nt signature Date Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridianciix.orgpianning AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) Cortney Liddard, as President of BV Management Services, Inc., the Manager of SW Victory, LLC, the Owner PO Box 51298 I, , (name) (address) Idaho Falls Idaho, 83405 (city) (state) being first duly sworn upon, oath, depose and say: rSW Victory, LLC is 1. the record owner of the property described on the attached, and I grant my permission to: J-U-B Engineers, Inc 250 S. Beechwood, Boise, ID 83709 (name) (address) to submit the accompanying application(s)pertaining to that property. r 5W Victory, LLC will 2. 4ag�ee-te 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. SW Victory, LLC hereby grants 3. "4.ham6yr-grmt. permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this -day of May 2020 (Sign re) On the A day of May, 2020, before me the undersigned, personally appeared Cortney, ddiard, known or identified to me to be the President of BV Management Services, Inc.,which corporation is the Manager of SW Victory, LLC,and the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such corporation as the Manager executed the same in said limited liabi' corr qlapy name. JEDD K JONES ary Public for Idaho) COMMISSION NO. 20181559 NOTARY PUBLIC Residing at: �0� IzLie L': STATE OF IDAHO MY COMMISSION EXPIRES&24124 My Commission Expires: Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiuncin,e�r_Jpinniiisis THE GATEAY (-J -�r� J-U-B COMPANIES �� I LANODON MAPPING OROUP IHC. J-U-B ENGINEERS,INC. June 29, 2020 City of Meridian Planning and Zoning 33 E. Broadway Avenue, Suite 102 Meridian, Idaho 83642 RE: VICTORY/ MERIDIAN ROAD PROPERTY - ANNEXATION AND ZONING AND COMPREHENSIVE PLAN MAP AMMENDMENT APPLICATIONS To Whom It May Concern: On behalf of our client, Elk Ventures LLC, please accept this request for Annexation, Zoning, and a Comprehensive Plan Map Amendment for an 18.45 acre property located at the southwest corner of Victory Road and Meridian Road. A Comprehensive Plan designation of MHDR and R-15 zoning is being requested; the property is currently located in Ada County and zoned RUT. Property Location and Surrounding Commercial and Multi-family Land Uses The subject property is located on a Principal Arterial Road and bordered to the north and east by commercial and multi-family properties. The subject property is located immediately to the west of Meridian Road; Meridian Road is designated by ACHD as a Principal Arterial. A commercial/office property is located directly to the north of the subject property at the northwest corner of Victory Road and Meridian Road; this property has LO zoning. A second commercial property is located at the northeast corner of Victory Road and Meridian Road; this property is zoned CG. The Red Tail Apartments, a large, upscale multi-family development, is located directly to the east of the subject property; this property has R-15 zoning. The Ridenbaugh Canal and Victory Road border the subject property to the north; residential subdivisions with R8 zoning are located to the north and south of the subject property. Proposed Land Uses If approved for annexation and R-15 zoning, our client will be submitting Conditional Use and a Preliminary Plat applications for a multi-family residential development. Our client, Elk Ventures LLC, recently completed "The Enclave" a high-end four-plex project located in Meridian on Locust Grove Road. A proposed site plan and elevations for the potential multi- a 250 S. Beechwood Avenue,Suite 201,Boise, ID 83709-0944 p 208-376-7330 f 208-323-9336 vv www.jub.com family development at Victory and Meridian Roads are attached as a part of this application; the proposed site plan and elevations will be included in the Development Agreement for the Annexation and Zoning of the subject property. Compatibility of Proposed Zoning and Comprehensive Plan Designation The subject property is located on a Principal Arterial roadway within walking distance of commercial land uses on Meridian Road; the location is ideally suited to multi-family development. Given the unusual configuration of the subject property and the location of the Ridenbaugh Canal bordering the subject property, it would not be financially feasible to construct the infrastructure for a single-family residential development on the Victory/ Meridian Road property. The proposed R-15 zoning and Comprehensive Plan designation of MHDR is compatible with the neighboring Red Tail apartments, adjacent commercial land uses, and neighboring residential subdivisions with R-8 zoning. The current Comprehensive Plan designation of MDR does not account for the changes in development patterns in South Meridian that have occurred since the area was originally designated for single-family development and the current MDR designation is not compatible with the site constraints of the subject property. We are asking for your consideration of our request for Annexation, R-15 zoning and for a Comprehensive Plan designation of MHDR; as our proposed submittal package clearly demonstrates, our client intends to develop a first-class residential development that will be an asset to the City of Meridian and its residents. Neighborhood Meeting and Pre-Application Meeting A Neighborhood Meeting was held on April 16, 2020 in accordance with City of Meridian standards. A Pre-application meting was held with City of Meridian staff on March 30, 2020. Please contact me at 376-7330 if you have any questions regarding this application. Sincerely, J-U-B ENGINEERS, Inc. " Wendy S rief, AICP www.jub.com J-U-B ENGINEERS,Inc. AY 4rJ'V'B J-U-B COM PAN I ES LANGDON Q MAPPING GROUP INC. J-U-B ENGINEERS, INC. April 10, 2020 RE: NEIGHBORHOOD MEETING for a Proposed Annexation and Zoning Application and Comprehensive Plan Amendment on Thursday, April 16th Dear Property Owner: You are invited to attend a neighborhood meeting for a proposed Comprehensive Plan Map Change and an Annexation and Zoning Application: • Thursday, April 16th 6:00 p.m. —7:00 p.m. • Meeting will be held through a Teleconference Call due to CDC guidelines for public gatherings during the COVID-19 pandemic Directions for Teleconference Call: Please call 1-877-643-6951 at 6:00 p.m. on April 16th. You will be asked to enter a Participant Code - this code is 67146869# The meeting will begin at 6:00 p.m. but you can call in at any time between 6:00 p.m. and 7:00 p.m. and I will be available to discuss the project. If you are unable to join the teleconference call, you can submit written comments to wshrief@jub.com or comments can be mailed to the comments can be mailed to the following JUB Engineers—Attn Wendy Shrief 250 S. Beechwood Ave. Ste 201 Boise, ID 83709 The subject property is located at the SW intersection of Victory Road and Meridian Road and consists of approximately 17 acres (see concept plan for project location) of residential development. The property is currently located in Ada County and zoned RUT. a 250 S. Beechwood Avenue,Suite 201, Boise,ID 83709-0944 p 208-376-7330 f 208-323-9336 tit° www.jub.com A copy of the proposed Concept Plan showing the location of the proposed project is attached. Our client is not proposing a Conditional Use Permit or Preliminary Plat at this time; an application is being made to annex the property into the City of Meridian and to request R-15 zoning for a multi-family development similar to the project shown on the attached concept plan. A Comprehensive Plan Map change is also being requested to change the Comprehensive Plan Map designation from MDR to MHDR. Should you have any questions prior to the meeting, please do not hesitate to contact me at wshrief@jub.com or at 208-376-7330. Sincerely, J-U-B ENGINEERS, Inc. Wendy Shrief, AICP Planner www.jub.com J-U-B ENGINEERS,Inc. v u ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 4 BOISE IDAHO 120104 12:31 PM ti DEPUTY Neava Haney III I I II II I I II I IIII I II I II I I III I I I'I III RECORDED—REQUEST OF 1 Title One 041E3645 Order No.: A0435193 WARRANTY DEED FOR VALUE RECEIVED, JAMES A.FUHRMAN and DIANE C. FUHRMAN, husband and wife,the Grantors,do hereby grant,bargain sell and convey unto SW VICTORY,LLC, an Idaho limited liability company whose current address is P.O. Box 2020,Boise,ID 83701,the Grantee,the following described premises,in Ada County, Idaho, TO WIT: Parcel I: A part of the Northeast Quarter of the Northeast Quarter of Section 25,Township 3 North,Range 1 West of the Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 24 and 25, Township 3 North, Range 1 West of the Boise Meridian and Sections 19 and 30,Township 3 North,Range 1 East of the Boise Meridian;thence North 89 degrees 47'West 25.00 feet to the REAL POINT OF BEGINNING;thence South 283.68 feet to an iron pin on the right bank of the Ridenbaugh.Canal;thence North 45 degrees 5 P30" West, 318.04 feet along the right bank of said canal to a point; thence South 44 degrees 08'30" West 45.25 feet to an iron pin on the left bank of the Ridenbaugh Canal;thence South 16 degrees 06'30" West 613.74 feet to an iron pin; thence North 60 degrees 36'30" West 68.67 feet to an iron pin;thence North 59 degrees 08'West 210.37 feet to an iron pin;thence North 63 degrees 58' West 9.90 feet to an iron pin;thence North 16 degrees 29'30"East, 563.48 feet to an iron pin on the North boundary of the said Section 25;thence South 89 degrees 47'East along the North line of the said Section 25, 519.34 feet to the REAL POINT OF BEGINNING. SAVE AND EXCEPT that portion lying South of the Ridenbaugh Canal. I i ALSO EXCEPT: A parcel of land being the Westerly side of the centerline of State Highway No. 63, Project No. SR-RS-3782(3)Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department,Division of Highways, and being a portion of the Northeast Quarter of the Northeast Quarter of Section 25,Township 3 North,Range 1 West,Boise Meridian,described as follows,to-wit: Beginning at the Northeast comer of the Northeast Quarter of the Northeast Quarter of Section 25,Township 3 North,Range 1 West,Boise Meridian;thence South 00 degrees 35'43" West along the East line of said Northeast Quarter of the Northeast Quarter a distance of 303.00 feet more or less,to a point in the Northeasterly line of Ridenbaugh Canal;thence North 45 degrees 25'48" West(shown of record to be North 45 degrees 51'30" West) along said Northerly canal line 100.00 feet, more or less,to a point in a line parallel with and 65.00 feet Westerly from the centerline and bears North 89 degrees 34'18" West from Station 378+55.86 of said State Highway No. 69, Project No. SR-RS-3782(2)Highway Survey;thence North 00 degrees 25'41" East along said parallel line 195.18 feet to a point opposite Station 380+41.04 of said Highway Survey;thence North 44 degrees 23'28" West 28.37 feet to a point in a line parallel with and 40.00 feet Southerly from the centerline and bears South 00 degrees 47'21" West from Station 0+84.75 of the Victory Road Survey as shown on the plan of said Highway Survey;thence North 89 degrees 12'39" West along said parallel line 87.49 feet to a point opposite Station 1+72.24 of said Victory Road Survey;thence Northwesterly along 318.31 foot radius curve right 139.10 feet to a point in the North line of said Northeast Quarter of the Northeast Quarter;thence South 89 degrees 12'39" East along said North line 315.00 feet,more or less,to the REAL PLACE OF BEGINNING. Parcel II: A tract of land situated in the Southeast Quarter of the Southeast Quarter of Section 24, Township 3 North,Range 1 West,Boise Meridian,Ada County, Idaho, described as follows: Beginning at the Southeast corner of said Section 24; thence West along the South Line of Section 24 a distance of 213.77 feet to the REAL POINT OF BEGINNING;thence North 70 degrees 06' West on the chord of a curve with a radius of 200.00 feet and a central angle of 39 degrees 48' a distance of 136.15 feet along the center of Victory Road; thence North 50 degrees 12' West along said center of Victory Road a distance of 56.30 feet; thence I North 55 degrees 37'East a distance of 92.20 feet; thence North 27 degrees 29'East a distance of 30.44 feet; thence North 5 degrees 00'East a distance of 56.73 feet; thence South 89 degrees 31' West a distance of 190.00 feet; thence South a distance of 73.16 feet to the center of Victory Road;thence North 73 degrees 46'06" West on the chord of a curve with a radius of 350.00 feet and a central angle of 14 degrees 44' a distance of 88.92 feet;thence North 81 degrees 04' West along said center of Victory Road a distance of 514.81 feet; thence South 83 degrees 13' West on the chord of a curve with a radius of 250.00 feet and a central angle of 31 degrees 26' a distance of 135.44 feet; thence South 67 degrees 30' West along the center of Victory Road a distance of 45.34 feet; thence South 58 degrees 13'30" West on the chord of a curve with a radius of 100.00 feet and a central angle of 18 degrees 33' a distance of 32.24 feet;thence South 48 degrees 57' West along the center of Victory Road a distance of 55.35 feet to the West line of the Southeast Quarter of the Southeast Quarter;thence South 0 degree 06'20" West along said West line a distance of 161.33 feet to the Southwest corner of the said Southeast Quarter of the Southeast Quarter; thence East along the South line of said Southeast Quarter of the Southeast Quarter a distance of 1105.95 feet to the REAL POINT OF BEGINNING. EXCEPT THEREFROM that portion of said premises deeded to the State of Idaho for the right of way under Quitclaim Deed recorded September 21, 1987 as Instrument No. 8753576 and re-recorded February 25, 1988 as Instrument No. 8808855,records of Ada County,Idaho, described as follows: A parcel of land being on the Westerly side of the centerline of State Highway No. 69, Project No. SR-RS-3782(2)Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department,Division of Highways,and being a portion of the Southeast Quarter of the Southeast Quarter of Section 24, Township 3 North,Range 1 West,Boise Meridian, described as follows: Beginning at the Southeast Comer of Section 24,Township 3 North,Range 1 West, Boise Meridian; thence North 0 degree 38'31" East along the East line of said Section 24 a distance of 1331.0 feet, more or less, to the Northeast corner of the Southeast Quarter of the Southeast Quarter of said Section 24;thence North 89 degrees 26'02" West along the North line of said Southeast Quarter of the Southeast Quarter a distance of 65.0 feet to a point on the line parallel with a 65.0 feet Westerly from the centerline and bears North 89 degrees 21'29" West from Station 394+31.02 of said State Highway No. 69, Project No. SR-RS-3782 (2)Highway Survey;thence South 0 degree 38'31" West along said parallel line 1265.83 feet to a point opposite Station 381+65.19 of said State Highway Survey; thence I South 55 degrees 44'56" West 60.96 feet to a point in a line parallel with and 40.0 feet Northerly from the centerline and bears North 0 degree 47'21" East from Station 1+15.10 of the Victory Road Survey as shown on the plans of said State Highway No. 69,Highway Survey;thence North 89 degrees 12'39" West along said last parallel line 57.14 feet to a point opposite Station 1+72.24 of said Victory Road Survey;thence Northwesterly along a 318.31 foot radius curve right having a central angle of 34 degrees 59'31" a distance of 194.40 feet to a point in the Northeasterly right of way line of existing Victory Road and opposite Station 3+28.98 of said Victory Road Survey; thence South 89 degrees 48'06" West 50.0 feet to point in the Southwesterly right of way line of said existing Victory Road;thence Southeasterly along said existing Southwesterly right of way line being a 318.31 foot radius curve left having a central angle of 15 degrees 31'43" a distance of 86.01 feet to a point in the South line of said Section 24 that bears South 25 degrees 36'57" West 32.42 feet from Station 3+10.17 of said Victory Road Survey;thence South 89 degrees 12'39" East along said South line 320.0 feet, more or less,to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor(s) do(es)hereby covenant to and with the said Granter(s), that(s)he is/are the owner(s)in fee simple of said premises;that they 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 all existing patent reservations,easements,right(s)of way,protective covenants,zoning ordinances,and applicable building codes,laws and regulations,general taxes and assessments,including irrigation and utility easements(if any)for the current year,which are not due and payable,and that Grantor(s)will warrant and defend the same from all lawful claims whatsoever. Dated: December ,2004 �) S A.FUMUVIAN DIANE C.FUERMAN State of Idaho ) } ss: County of Ada ) �P4 On this day of December 2004,before me,the undersigned a Notary Public in and for said state personally appeared TAMES A.FUG and DIANE C.FUHRMAN known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed ��� IN ITNESS WHE I v set my h and official sea %L4?}, }�i$te sho. above. 4g , '�} Notary Public Commission Expires: — p i ADA COUNTY RECORDER J.DAVID NAVARRO 3 BOISE IDAHO 01116/03 02:37 PM DEPUTY Michelle Turner RECORDED—REQUEST OF III IIIIIIII'IIIIIIIIIIIIIIIIIIII II III Alliance Tille AMOUNT 9-On 103008194 WARRANTY DEED Order No.:5000213465JG FOR VALUE RECEIVED Willard R.Dykes and Bethene H.Dykes,Husband and Wife the grantor(s),do(es)hereby grant,bargain,sell and convey unto Timothy Mussell and Carol Mussell,Husband and Wife,Michael Mussell and Patty Mussell, Husband and Wife, whose current address is 100 E.Victory,Meridian,ID,83642, the grantee(s),the following described premises,in Ada County,Idaho,TO WIT: See Exhibit"A"attached TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee,heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that(s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions,covenants,restrictions,reservations,easements,rights and rights of way,apparent or of record. And that(s)he will warrant and defend the same from all lawful claims whatsoever. Dated: January 15,2003 Willard R.Dykes Bethene H.Dykes State of Idaho } pp )ss County of C t d q } On this l� day of a `. 2003,before me,a Notary Public in and for said state,personally appeared \ram\\ncl Z 7 s Gw.� %a..k'N1A,1Q, k�_ 'D4\hnS known or identified to me to be the person(s)whose name(s)are subscribed to the within Instrument and acknowledged to me that they executed 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. �.•'��,i�E SPR••••••• Notary Public fof the a of Idaho .0 tiP•••••••y J<' ••• Residing at: tv\•C•d`.... �9 • • '•� Commission Expires: 1 O't AR y o 1G* In PUSU 0's '�. . ••nuu•u Exhibit A Parcel I: A part of the Northeast 1/4 of the Northeast 1/4 of Section 25,Township 3 North,Range 1 West of the Boise Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the Section corner common to Sections 24 and 25,Township 3 North, Range 1 West of the Boise Meridian and Sections 19 and 30,Township 3 North,Range 1 East of the Boise Meridian;thence North 89°47'West 25.00 feet to the REAL POINT OF BEGINNING;thence South 283.68 feet to an iron pin on the right bank of the Ridenbaugh Canal;thence North 45°51'30"West,318.04 feet along the right bank of the said canal to a point;thence South 44°08'30"West 45.25 feet to an iron pin on the left bank of the Ridenbaugh Canal; thence South 16°06'30"West,613.74 feet to an iron pin;thence North 60°36'30"West,68.67 feet to an iron pin;thence North 59°08'West,210.37 feet to an iron pin;thence North 63°58'West,9.90 feet to an iron pin;thence North 16029130"East,563.48 feet to an iron pin on the North boundary of the said Section 25; thence South 89°47'East along the North line of the said Section 25,519.34 feet to the POINT OF BEGINNING. SAVE AND EXCEPT that portion lying North of the said Ridenbaugh Canal. Parcel II: Part of the Northeast 1/4 of the Northeast 1/4 of Section 25,Township 3 North,Range 1 West of the Boise Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the Section corner common to Sections 24 and 25,Township 3 North, Range 1 West of the Boise Meridian and Sections 19 and 30,Township 3 North,Range 1 East of the Boise Meridian;thence North 89°47'West 25 feet to a point;thence South parallel to the East line of said Section 25,283.68 feet to a 1/2 x 24"rebar marking the REAL POINT OF BEGINNING;thence continuing South 642.83 feet to a point;thence North 60°36'30"West,493.54 feet to a 1/2 x 24"rebar;thence North 16°06'30"East,613.74 feet to a 1/2 x 24"rebar;thence North 44°08'30"East,45.25 feet to a point on the right bank of the Ridenbaugh Canal;thence South 45°51'30"East,318.04 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM that portion deeded to the State of Idaho in a Warranty Deed recorded March 30,1987 as Instrument No.8718483,of Official Records,more particularly described as follows: A parcel of land being on the Westerly side of the centerline of State Highway No.69,Project No.SR-RS-3782(2)Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department,Division of Highways,and being a portion of the Northeast 114 Northeast 1/4 of Section 25,Township 3 North,Range 1 West,Boise Meridian, described as follows,to-wit: COMMENCING at the Northeast corner of Section 25,Township 3 North,Range 1 West,Boise Meridian;thence North 89°12'39"West(shown of record to be North 89°47'West)along the North line of said Section 25 a distance of 25.0 feet to a point in the Westerly right of way line of existing State Highway No.69;thence South 0°25'42"West(shown of record to be South)along said existing Westerly right of way line 283.68 feet to the Northeast corner of the tract of land as described in that certain Warranty Deed dated October 29,1969,recorded July 10,1975 as Instrument No.7518782 records of Ada County,Idaho and being the REAL PLACE OF BEGINNING;thence I continuing South 0°25'42"West(shown of record to be South)along said existing Westerly right of way line which is also the East line of the above mentioned tract of land 642.83 feet to the Southeast corner of said tract of land;thence North 60010148"West(shown of record to be North 60°36'30"West)along the Southwesterly line of said tract of land 45.91 feet to a point in a line parallel with and 60.0 feet Westerly from the centerline and opposite Station 371+96.75 of said State Highway No.69,Project No.SR-RS- 3782(2)Highway Survey;thence North 0°25'42"East along said parallel line 659.11 feet to a point in the Northeasterly line of the above mentioned tract of land opposite Station 378+55.86 of said Highway Survey;thence South 45*25'48"East(shown of record to be South 45°51'30"East)along said Northeasterly line 56.0 feet,more or less to the REAL PLACE OF BEGINNING. Parcel III: Part of the Northeast 114 of the Northeast 1/4,Section 25,Township 3 North,Range 1 West of the Boise Meridian,Ada county,Idaho,more particularly described as follows: COMMENCING at the Section corner common to Sections 24 and 25,Township 3 North, Range 1 West of the Boise Meridian,and Sections 19 and 30,Township 3 North,Range 1 East of the Boise Meridian;thence North 89'47'West along the North line of said Section 25,Township 3 North,Range 1 West, 544.34 feet to a 112 x 24"rebar,marking the REAL POINT OF BEGINNING;thence continuing North 89`47'West 341.18 feet to a 1/2 x 24"rebar;thence South 0°04'30"West 452.77 feet to a 1/2 x 24"rebar;thence South 63°58'East 202.35 feet to a 1/2 x 24"rebar;thence North 16°29'30"East 563.48 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM any mobile home(s)located thereon.