21-2299 City Code Intergovernmental Agreement Ada County and Urban Renewal Areas Item#9.
CITY OF MERIDIAN RESOLUTION NO. 21-2299
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERREAULT, STRADER
A RESOLUTION BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN,
IDAHO,TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b) BETWEEN ADA
COUNTY, IDAHO AND THE CITY OF MERIDIAN, IDAHO; PROVIDING FOR AREAS
OUTSIDE THE CITY LIMITS TO BE INCLUDED WITHIN AN URBAN RENEWAL AREA;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor (the "Mayor") and City Council ("City Council") of the city of
Meridian, Idaho (the "City") have the authority (pursuant to Idaho Code §50-302) to establish
resolutions not inconsistent with the laws of the State of Idaho as may be expedient, in addition to
the special powers therein granted, to maintain the peace, good government and welfare of the
corporation and its trade, commerce and industry;
WHEREAS,the City Council on or about July 24,2001,adopted and approved a resolution
creating the Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian
Development Corporation ("MDC"), authorizing MDC to transact business and exercise the
powers granted by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as
amended (hereinafter the "Law"), and the Local Economic Development Act, Chapter 29, Title
50, Idaho Code, as amended (the "Act") upon making the findings of necessity required for
creating the MDC;
WHEREAS, there are currently three existing urban renewal/revenue allocation areas in
the City;
WHEREAS, MDC obtained the Linder Urban Renewal District (Proposed) Eligibility
Report, dated May 2021 (the "Eligibility Report"), which examined an area of operation of the
City, in an area known as the Linder District Study Area, which area also included real property
located within unincorporated Ada County, for the purpose of determining whether such area was
a deteriorating area or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and
50-2903(8);
WHEREAS,the MDC Board,on May 26,2021,adopted Resolution No.21-024 accepting
the Eligibility Report and authorizing the MDC Chair, Vice-Chair, or Administrator of MDC to
transmit the Eligibility Report to the City Council requesting its consideration for designation of
an urban renewal area and requesting the City Council to direct the Agency to prepare an urban
renewal plan for the Linder District Study Area, which plan may include a revenue allocation
provision as allowed by law;
WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency
RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS
OUTSIDE CITY LIMITS - 2
Page 162
Item#9.
cannot exercise jurisdiction over any area outside the city limits and within its area of operation
without the approval of the other city or county declaring the need for an urban renewal plan for
the proposed area;
WHEREAS, the area considered within the Eligibility Report included certain properties
within unincorporated Ada County;
WHEREAS,the MDC Board also authorized the transmittal of the Eligibility Report to the
Ada County Board of County Commissioners for purposes of obtaining a resolution accepting the
Eligibility Report and determining such area outside the boundaries of the City and within
unincorporated Ada County to be a deteriorated area and/or a deteriorating area and finding the
need for an urban renewal project for the proposed Linder District Study Area;
WHEREAS, the Eligibility Report was submitted to the Ada County Board of County
Commissioners, and the Ada County Board of County Commissioners were asked to adopt a
resolution finding the need for an urban renewal project for the proposed Linder District Study
Area;
WHEREAS, the Ada County Board of County Commissioners adopted MDC's findings
concerning the proposed Linder District Study Area by adopting Resolution No. 2676 on
September 30, 2021;
WHEREAS,the City Council,by Resolution No.21-2289,dated October 5,2021,declared
the Linder District Study Area described in the Eligibility Report to be a deteriorated area or a
deteriorating area, or a combination thereof, as defined by Chapters 20 and 29, Title 50, Idaho
Code, as amended, that such area is appropriate for an urban renewal project, that the Ada County
Board of County Commissioners directed the parcels north of Interstate 84 and west of Linder
Road should not be included in any proposed revenue allocation area, that the Ada County Board
of County Commissioners adopted the necessary resolutions and directed MDC to commence
preparation of an urban renewal plan;
WHEREAS, the City and MDC have undertaken the planning process during 2021;
WHEREAS, MDC prepared the Urban Renewal Plan for the Linder District Urban
Renewal Project (the "Linder District Plan"), which Linder District Plan proposed to create an
urban renewal and revenue allocation area commonly known as the Linder District project area
(the "Project Area" or "Revenue Allocation Area") to develop and/or redevelop a portion of the
area designated as eligible for urban renewal planning pursuant to the Law and Act, as amended,
located within the City, and a portion of which is within unincorporated Ada County adjacent and
contiguous to the City, that is intended to be annexed into the City prior to development;
WHEREAS, the area included in the Project Area is smaller than the area assessed in the
Eligibility Report;
RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS
OUTSIDE CITY LIMITS - 2
Page 163
Item#9.
WHEREAS, the required property owner consents for any parcels deemed to be an
agricultural operation included within the Project Area have been obtained by MDC;
WHEREAS, the Linder District Plan contains the provisions of revenue allocation
financing as allowed by the Act;
WHEREAS, the MDC Board on October 27, 2021, adopted Resolution No. 21-053
proposing and recommending the Linder District Plan;
WHEREAS, the Agency, by letter of transmittal dated October 28, 2021, submitted the
Linder District Plan to the Mayor and the City Clerk;
WHEREAS,the Mayor and the City Clerk took the necessary action to process the Linder
District Plan consistent with the requirements set forth in Idaho Code Section 50-2906 and Idaho
Code Section 50-2008;
WHEREAS,appropriate notice of the Linder District Plan and revenue allocation provision
contained therein has been given to the affected taxing districts and the public as required by Idaho
Code §§ 50-2906 and 40-1415;
WHEREAS, after notice duly published, the City Council at its regular meeting to be held
on December 14, 2021, will hold a public hearing and thereafter may consider the Linder District
Plan as proposed;
WHEREAS, Idaho Code Section 50-2906(3)(b) contemplates an agreement between the
Ada County Board of County Commissioners and the City Council, governing administration of a
revenue allocation financing provision for any area extending beyond the City's municipal
boundary and located within unincorporated Ada County, and such agreement must be formalized
by a transfer of powers ordinance adopted by the Ada County Board of County Commissioners;
WHEREAS, there are certain properties within the Linder District Plan and Project Area
which extend beyond the City's municipal boundaries and into unincorporated Ada County;
WHEREAS,the Ada County Board of County Commissioners adopted Ordinance No. 932,
the Transfer of Powers Ordinance, on December 7, 2021, which Ordinance authorized the Chair
to sign and enter into the Intergovernmental Agreement for Roles and Responsibilities under Idaho
Code Section 50-2906(3)(b)between Ada County and the City(the "Agreement");
WHEREAS,the Mayor and City Council deem it expedient and in the best interests of the
City to establish and enter into the Agreement, to confirm the consent of Ada County under Idaho
Code §50-2018(18), and to assure compliance with the Act and Law.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS:
RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS
OUTSIDE CITY LIMITS - 2
Page 164
Item#9.
Section 1: That the above statements are true and correct.
Section 2: That the Intergovernmental Agreement for Roles and Responsibilities
Under Idaho Code §50-2906(3)(b) (the "Agreement"), attached hereto as Exhibit A, is
incorporated herein and made a part hereof by reference, and is hereby approved and accepted.
Section 3: That the Mayor is hereby authorized to sign and enter into the Agreement.
A copy of this Resolution and the attached Agreement shall be held on file in the office of the City
Clerk.
Section 4: This Resolution shall be in full force and effect upon the execution of this
Resolution by the Mayor.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of
2021.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of
2021.
Robert E. Simison, Mayor
ATTEST:
Chris Johnson, City Clerk
RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS
OUTSIDE CITY LIMITS - 2
Page 165
Item#9.
Exhibit A
Intergovernmental Agreement for Roles and
Responsibilities Under Idaho Code Section 50-2906(3)(b)
4823-0318-4844,v. 1
RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS
OUTSIDE CITY LIMITS - 2
Page 166
Item#9.
A.r-PEEMENT NO. S
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)
This Intergovernmental Agreement is entered into this �day of 2021,
by and between Ada County, Idaho (the "County") and the City of Meridian, Idaho (hereinafter,
"Meridian"), and is made for the purpose of complying with Idaho Code Section 50-2906(3)(b).
RECITALS
WHEREAS, the County is a duly organized and existing county under the laws and the
Constitution of the State of Idaho;
WHEREAS, Meridian is a duly organized existing municipality under the laws and the
Constitution of the state of Idaho;
WHEREAS, the Meridian City Council and Mayor of Meridian respectively on or about
July 24,2001,adopted and approved a resolution creating the Urban Renewal Agency of Meridian,
Idaho, also known as the Meridian Development Corporation (the "Agency"), authorizing it to
transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965,
Chapter 20, Title 50, Idaho Code, as amended (hereinafter the "Law"), and the Local Economic
Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the "Act") upon
making the findings of necessity required for creating said Agency;
WHEREAS, there are currently three (3) existing urban renewal and revenue allocation
project areas in Meridian, which are commonly referred to as follows: the Downtown District, the
Ten Mile District,and the Union District. The Downtown District includes parcels located within
unincorporated Ada County, which is governed by the Intergovernmental Agreement for Roles
and Responsibilities Under Idaho Code Section 50-2906(3)(b), by and between the County and
Meridian, dated March 18, 2003;
WHEREAS, based on inquiries and information presented, certain interested property
owners, the County and Meridian commenced certain discussions concerning examination of an
additional area within Meridian and within the unincorporated County as eligible for an urban
renewal project;
WHEREAS,in 2021,Kushlan I Associates commenced an eligibility study and preparation
of an eligibility report for an area approximately 195 acres in size including properties and
roadway,referred to as the Linder District Study Area, which is an area generally bounded by Ten
Mile Road on the west, Interstate 84 on the north, Overland Road on the south, and what would be
an unimproved section of Linder Road on the east. Additionally, the Linder District Study Area
included three(3)parcels located west of Linder Road and north of I-84 (the "Study Area");
WHEREAS, the Agency obtained an eligibility report entitled Linder Urban Renewal
District(Proposed) Eligibility Report, dated May 2021 (the "Report"), which examined the Study
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER IDAHO CODE SECTION 50-2906(3)(b)- 1
(Linder District—Meridian)
Page 167
Item#9.
Area, which area also included real property located within unincorporated Ada County, for the
purpose of determining whether such area was a deteriorating area and/or a deteriorated area as
defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8);
WHEREAS, the Agency, on May 26, 2021, adopted Resolution No. 21-024 accepting the
Report and authorizing the Chair, Vice-Chair, or Administrator of MDC to transmit the Report to
the City Council requesting its consideration for designation of an urban renewal area and
requesting the City Council to direct MDC to prepare an urban renewal plan for the Study Area,
which plan may include a revenue allocation provision as allowed by law;
WHEREAS, the Agency also authorized the transmittal of the Report to the Ada County
Board of County Commissioners for purposes of obtaining a resolution determining such areas
outside the boundaries of incorporated Meridian and within unincorporated Ada County to be
deteriorated and/or deteriorating and finding the need for an urban renewal project for the proposed
Study Area;
WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency
cannot exercise jurisdiction over any area outside the city limits and within its area of operation
without the approval of the other city or county declaring the need for an urban renewal plan for
the proposed area;
WHEREAS, the area considered within the Report included certain properties within
unincorporated Ada County;
WHEREAS, the Report was submitted to the Ada County Board of County
Commissioners, and the Ada County Board of County Commissioners were asked to adopt a
resolution finding the need for an urban renewal project for the proposed Study Area;
WHEREAS, the Ada County Board of County Commissioners adopted the Agency's
finding concerning the proposed Study Area by adopting Resolution No. 2676 on September 30,
2021;
WHEREAS, the Meridian City Council, by Resolution No. 21-2289, dated October 5,
2021, declared the Study Area described in the Report to be a deteriorated area or a deteriorating
area, or a combination thereof, as defined by Chapters 20 and 29, Title 50, Idaho Code, as
amended, that such Study Area is appropriate for an urban renewal project, that the Ada County
Board of County Commissioners directed the parcels north of Interstate 84 and west of Linder
Road should not be included in any proposed revenue allocation area, that the Ada County Board
of County Commissioners adopted the necessary resolutions and directed the Agency to
commence preparation of an urban renewal plan;
WHEREAS, the City and the Agency embarked on the planning of an urban renewal
project referred to as the Urban Renewal Plan for the Linder District Urban Renewal Project (the
"Linder District Plan") to develop and/or redevelop a portion of Meridian, a portion of which is
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER IDAHO CODE SECTION 50-2906(3)(b)- 2
(Linder District—Meridian)
Page 168
Item#9.
within unincorporated Ada County adjacent and contiguous to the City, that is intended to be
annexed into the City prior to development,pursuant to the Law and the Act, as amended;
WHEREAS, the Linder District Plan proposed to create an urban renewal and revenue
allocation area commonly known as the Linder District project area (the "Linder District Project
Area");
WHEREAS, the Agency and its consultants have undertaken the planning process during
2021;
WHEREAS, the area included in the Linder District Project Area is smaller than the area
assessed in the Report, which Linder District Project Area is illustrated in Exhibit 1;
WHEREAS, the required property owner consents for any parcels deemed to be an
agricultural operation included within the Linder District Project Area have been obtained by the
Agency;
WHEREAS, the Linder District Plan contains the provisions of revenue allocation
financing as allowed by the Act;
WHEREAS, the Agency Board on October 27, 2021, adopted Resolution No. 21-053
proposing and recommending the Linder District Plan;
WHEREAS, the Agency, by letter of transmittal dated October 28, 2021, submitted the
Linder District Plan to the Mayor and Meridian City Clerk;
WHEREAS,the Mayor and City Clerk are taking the necessary action to process the Linder
District Plan consistent with the requirements set forth in Idaho Code §§ 50-2906 and 50-2008;
WHEREAS,appropriate notice of the Linder District Plan and revenue allocation provision
contained therein has been given to the affected taxing districts and the public as required by Idaho
Code § 50-2906;
WHEREAS, after notice duly published, the Meridian City Council at its regular meeting
to be held on December 14, 2021, will hold a public hearing and will consider the Linder District
Plan as proposed;
WHEREAS, Idaho Code Section 50-2906(3)(b), requires an agreement between the
Meridian City Council and the Ada County Board of County Commissioners, governing
administration of a revenue allocation financing provision for any area extending beyond
Meridian's municipal boundary and located within the unincorporated County, and such
agreement must be formalized by a transfer of power ordinance adopted by the County;
WHEREAS, there are certain properties within the Linder District Plan and Project Area
which extend beyond Meridian's municipal boundaries and into the County, as illustrated in
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER IDAHO CODE SECTION 50-2906(3)(b)- 3
(Linder District—Meridian)
Page 169
Item#9.
Exhibit 1,and as more particularly described in Exhibit 2 attached hereto and incorporated herein
by reference;
WHEREAS, the Meridian City Council and the Board of County Commissioners desire to
enter into this Agreement to avoid any uncertainty regarding the Meridian City Council's
jurisdiction and authority to establish the Linder District Project Area and the Agency's authority
to implement the Linder District Plan concerning those properties which are outside Meridian's
municipal limits and within the County;
WHEREAS, the Meridian City Council and Board of County Commissioners deem it in
their collective best interests to enter into this Agreement covering said properties and assuring
compliance with the Act and Law, Idaho Code Sections 50-2906(3)(b) and 50-2018(18)
respectively;
NOW, THEREFORE, it is mutually agreed as follows:
AGREEMENT
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is to detail the duties, roles, and responsibilities to be
provided by the parties with respect to compliance with the Act and Law, Idaho Code Sections 50-
2906(3)(b) and 50-2018(18)respectively;
2. GENERAL PROVISIONS
The Ada County Board of County Commissioners does hereby agree that the Meridian City
Council shall have the right, power, authority, and obligation to administer the Law, Act and
particularly the revenue allocation financing provisions of the Linder District Plan for that certain
property which is contained within the boundaries of the revenue allocation area as defined in the
Act and the Linder District Plan, which property extends beyond Meridian's municipal boundary
and into the unincorporated County. The property governed by this Agreement is illustrated in
Exhibit 1 and more particularly described in Exhibit 2 of this Agreement.The County,by passing
Resolution No. 2676, has declared the need for urban renewal activity in the area which extends
beyond Meridian's municipal boundaries and into the unincorporated County.
By agreeing to the administration of this property by the Meridian City Council for the
limited purposes of implementing the Linder District Plan, the Board of County Commissioners
agree all revenue allocation proceeds generated from such property shall be available to the
Agency for all purposes authorized under the Act and the Linder District Plan. Following the
establishment of the Linder District Project Area, the Agency shall administer the revenue
allocation provision affecting this property as allowed under the Act and the Linder District Plan.
Additionally, the Board of County Commissioners acknowledges the Linder District Plan will be
reviewed by the Meridian Planning & Zoning Commission for the Linder District Plan's
conformity with the general plan for the development of Meridian as a whole consistent with and
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER IDAHO CODE SECTION 50-2906(3)(b)- 4
(Linder District—Meridian)
Page 170
Item#9.
limited to the requirements of Idaho Code § 50-2008(b). The Board of County Commissioners
defers to the Meridian Planning&Zoning Commission's review and recommendations as required
by Idaho Code§ 50-2008(b)solely with regard to adopting the Linder District Plan. The Meridian
City Council expressly acknowledges the parcels located within unincorporated Ada County are
subject to and shall be developed in conformity to the 2019 City of Meridian Comprehensive Plan
as adopted by Ada County Resolution No. 2620, Ada County Zoning and Development Codes as
well as the Linder District Plan, recognizing the intent to seek annexation of the parcels located
within the unincorporated County into Meridian prior to development, which development is
intended to occur in phases over the life of the Linder District Plan and Project Area. Ada County
defers to the Agency to implement and carry out the Linder District Plan.
The Board of County Commissioners shall approve this Agreement by the adoption of a
transfer of power ordinance and the Meridian City Council shall approve this Agreement by the
adoption of a duly authorized resolution.
Upon approval and adoption of the ordinance and resolution referenced above, the
Meridian City Council shall take the necessary steps through the Meridian City Clerk to transmit
a copy of the County Transfer of Power Ordinance to the County Auditor, County Assessor, the
County Recorder,the other taxing districts of the revenue allocation area, and the Idaho State Tax
Commission.
3. SPECIAL PROVISIONS
Public Improvements. In consideration of this Agreement, the Board of County
Commissioners hereby consents to those certain public improvements identified in the Linder
District Plan which may be acquired, constructed or installed on certain rights-of-way not within
the Meridian city limits.
4. EFFECTIVE TERM
This Agreement shall be deemed effective upon the execution of this Agreement by both
the Board of County Commissioners and the Meridian City Council and shall remain in effect for
the duration of the Linder District Plan. This Agreement shall be of no further force and effect as
it relates to any parcel or parcels as illustrated and described in Exhibit 1 and Exhibit 2 upon those
properties or portions of those properties then being included within the municipal boundaries of
Meridian, currently, or through Meridian's annexation process.
5. MODIFICATION
This Agreement may be modified or amended in writing if executed by both the Board of
County Commissioners and the Meridian City Council.
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER IDAHO CODE SECTION 50-2906(3)(b)- 5
(Linder District—Meridian)
Page 171
6 . ENTIRE AGREEMENT
Except as provided otherwise herein , this Agreement and any attachments hereto constitute
the entire Agreement between the parties concerning the subject matter hereto .
IN WITNESS WHEREOF , the Board of County Commissioners and the Meridian City
Council have executed this Agreement by proper persons thereunto duly authorized as of the date
first hereinabove written .
COUNTY : BOARD OF ADA COUNTY
COMMISSIONERS
4
Xod Beck , Chairman
By 00002
Ryan? lidson
B _
Kendra Kenyon
ATTEST :
Phil McGrane , Ada County Clerk
by Katie need , Assistant Deputy Clerk
CITY : CITY OF MERIDIAN , IDAHO
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By
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ATTE
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City of
C is Jo idian Ci ,clerk IDAHO
SEAL
Qf the THE
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER IDAHO CODE SECTION 50 - 2906 ( 3 ) ( b ) - 6
( Linder District — Meridian)
Item#9.
Exhibit 1
(Map of Properties Within Unincorporated Ada County)
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER IDAHO CODE SECTION 50-2906(3)(b)- 7
(Linder District—Meridian)
Page 173
Item#9.
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Item#9.
Exhibit 2
(Description of Properties Within Unincorporated Ada County)
4848-7171-9628,v.3
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER IDAHO CODE SECTION 50-2906(3)(b)- 8
(Linder District—Meridian)
Page 175
PARCEL NUMBER
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PARCEL NUMBER
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DESCRIPTION
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Page 178
PARCEL NUMBER
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ADDRESS
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PARCEL NUMBER
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ADDRESS
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DESCRIPTION
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Item#9.
PARCEL NUMBER
S1214346905
ADDRESS
2960 West Dutch Farm Road, Meridian, Idaho
DESCRIPTION
PAR 46905 @ SW COR SE4SW4
SEC 14 3N 1 W
PARCEL 1 R/S 4360 EXC R/W
#346610-B
SURVEY RECORD
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