Walgreens Ten Mile CZC 05-140C I e0es 0{-�_M2
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CITY OFi -
eri�icn
11 IDAHO
CERTIFICATE OF ZONING COMPLIANCE*
Date: December 5, 2005
Project Name/Number: Walgreen's Ten We — CZC-05-140
Owner: Southern Idaho Corporation of Seventh Day Adventist
Site Address: Northeast corner of Cherry Lane and Ten Mile Road
Proposed Use: 14,739 square -foot retail pharmacy building
Zoning: C -G
Comments:
Conditions of Approval: Project is subject to allcurrent City of Meridian ordinances and the Development
Agreement on this property. The issuance of this permit does not release the applicant from any previous
requirements of the other permits issued for this site (see RZ-05-008 & CUP -05-029). Please note that the hours
of operation for this property are restricted from 6 am to 11 pm; that the cross -access easement (submitted with
the subject CZC) between the subject developer and the property owner to the north must be recorded prior to the
City releasing occupancy of the building; and that specific screening/fencing requirements to the adjacent
residential uses were required with the previous application approvals.
Landscaping: The Landscape Plan prepared by South Landscape Architecture, P.C., on November 15, 2005;
labeled Sheet L1.0, is approved (stamped "Approved" on December 5, 2005 by the MeridianPlanning
Department) with the following changes (see redline changes on plan): 1) UDC 11-3B-8.C.2.c requires interior
landscape planters at the ends of rows of parldng. Add landscape planters to the ends of the parldng rows
near the northwest and southeast side of the building.; 2) UDC 11-3B-8.C.2.d requires each interior planter
that serves a single row of parldng spaces to be landscaped with at least one tree and covered with low shrubs,
lawn, or other vegetative groundcover; double row planters require two trees and vegetative groundcover. Add
trees and groundcover to the planters required in Note #1 above and in the planters adjacent the parldng
on the south side of the future pad site.; 3) UDC 11-313-5 requires woody shrubs to be from a minimum 2
gallon pot, a 1 gallon shrub is proposed on the submitted plan. Install all plant material in accordance with
UDC 11-311-1.Other than the above-mentioned changes, the approved landscape plan is not to be altered without
prior written approval of the Planning Department. No field changes to landscape plan permitted; prior written
approval of all material changes is required.
Site Plan: The Site Plan prepared by Roylance and Associates, P.A., on October 14, 2005, labeled Sheet 1 of 1 is
approved (stamped "Approved" on December 5, 2005 by the Meridian Planning Department) with no changes.
Elevations: The Elevations prepared by BRS Architects, on October 10, 2005, labeled A2.1, are approved with no
changes from the Planning Department.
Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the
approved specifications and in accordance with UDC 11-3A-15.
Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the
Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-10, coordinate with the Parks
Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the
existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11-
3B -10-C.5.
Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project
engineer/architect shall certify that the number and size of handicap -accessible spaces conforms to the Americans
with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed
"Van Accessible".
Com: Per UDC 11 -3B -5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas,
must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for
storm water runoff.
Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior
to occupancy.
Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall
be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18.
Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC
11-3A-7. NOTE: Specific fencing, for the east and north boundaries of this site, are required. In accordance with
the Development Agreement requirement, the CMU wall along the west property line shall be 6 -feet tall.
Li tin : Lighting shall not cause glare or impact the traveling public or neighboring development and
comply with lighting standards as defined in UDC 11-3A-11.
Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in
compliance with UDC 11-3D.
Trash Enclosure: All dumpster(s) must be screened in accordance with UDC -11-3A-12. Trash enclosures must
be built in the location and to the size approved by SSC
Handicap -Accessibility: The structure, site improvements and parking must be in compliance with all federal
handicap -accessibility requirements.
ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit if any
changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be
submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit.
Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of
Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or
qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The
Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler
installation, are in substantial compliance with the approved landscape plan. A Temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount
of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary
Occupancy.
Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped
"Approved" on December 5, 2005, and Elevations, and are not to be altered without prior written approval of the
Planning Departiment. No significant field changes to the site or landscape plans are permitted, prior written
approval of all changes is required-
Crkg Hood
Associate City Planner
*This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to,
Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer,
Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of
issuance if work has not begun.
of Review
all that
❑ Accessory Use
❑ Administrative Design Review
❑ Alternative Compliance
Certificate of Zoning Compliance
❑ Conditional Use Permit Minor Modification
❑ Property Boundary Adjustment
❑ Short Plat
❑ Temporary Use Certificate of Zoning Compliance
❑ Time Extension (Director)
❑ Vacation
❑ Other
Information
Planning Department
ADMINISTRATIVE REVIEW
Applicant name: u
Applicant address: U-45 w G-�lelin Roar) Zip: 31L
Contact name: g flan o & r Tess 7c,-:% di Lr Phone: 314-167-
J
14 _$SZ
Applicant's interest in property: ❑ Own ❑ Rent ❑ Opttoned .l A Other 11ale. t'P �� AH
Owner name: �`�`o C.�^teSG�c.�, D 2A1 Tay ��e n+� t AL
Owner address: :1:1-1-kve- , Rotes . T.- C�
Agent name (e.g., architect, engineer, developer, representative): _ Cri�A .e_C
,P
Firm name: ••i_, tic L • 'eats I
Address:
Contact name: ka kmr _
Primary contact is:/ Applicant Dwner ❑ Agent. ❑ Other
E-mail:
Subject Property Information
zip: 616
Phone: 9 ".ZT fzq
Fax:
Location/streetaddress: Norfke44- t'roe_r o�- ,r6 Al, Ex.J d 61,cTr�f L.oe_
Assessor's parcel number(s): 12-02.'x;034
Township, range, section: 7n 0 , R 1 W 2. Total acreage: 2_4
Current land use: i trL Current zoning district:
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org
1
Project Description 1 "-
Project/subdivision name: W 4.1fQC.v, , `? Te A WN -C
General description of proposed proj ect/requ st: K -2—L, DO 1 cn1 3", �o �. s 1A) t-
!D sem}
Proposed zoning district(s): 0 1h
Acres of each zone proposed: IJ �A
Type of use proposed (check all that apply):
❑ Residential KCommercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable):
Residential Project Summary (if applicable)
Number of residential units: Number of building lots:
Number of common and/or other lots:
Proposed number of dwelling units (for multi -family developments only):
1 Bedroom: 2 or more Bedrooms:
Minimum square footage of structure(s) (excl. garage): Proposed building height:
Minimum property size (s.f): Average property size (s.£):
Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys):
Percentage of open space provided: Acreage of open space:
Percentage of useable open space: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: 1 Other lots:
Gross floor area proposed: NI -71i Existing (if applicable):
Hours of operation (days and hours)Alf 'Kk ,�, " gAM. — io PM Building height: 27 l�il
Percentage of site/project devoted to the following:
Landscaping: 314. Building: Paving:
Total number of employees: 20 Maximum number of employees at any one time: 5
Number and ages of students/children (if applicable): Seating capacity:
Total number of parking spaces provided: :K,5- Number of compact spaces provided: U
Authorization
Print applicant name:
Applicant signature:.
Date:
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org
2
OCTOBER 21, 2005
PROJECT 2618
CZC NARRATIVE
FOR
WALGREENS AT TEN MILE AND CHERRY LANE
APPLICANT:
HAWKINS COMPANIES
8645 W. FRANKLIN ROAD
BOISE, IDAHO 83709
(208) 947.4718
PREPARED BY:
ENGINEER - SURVEYOR - PLANNER
ROYLANCE & ASSOCIATES P.A.
391 W. STATE STREET, SUITE E
EAGLE, IDAHO 83616
(208)939-2824
(208) 939-2855 FAX
X:\Projects\Hawkins\26181,.Admin\Utters\CZC Narrative.doc
Proposed Use:
It is the intention of the owner to develop the site for a Walgreens store. The site has already been
rezoned to C -G and CUP been granted for this purpose. The Walgreens will be a retail store typical of
the chain including a drive thru pharmacy.
Previous Conditions of Approval:
RE -Zone:
Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between
the City of Meridian, property owner (at the time of annexation ordinance adoption), and the
developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process.
Bill Nary has been contacted and the development agreement will be entered into. 104 e n 1-1-16-65- cc &T44
"I"
1. ✓ The site plan prepared by Hawkins Companies, labeled ID 69-2 LE -1, dated 6-7-05 7-26-05 is
approved as submitted. The landscape plan prepared by South Landscape Architecture, P. C.,
labeled L-1.0, dated 3-11-05 is not approved as submitted. With the Certificate of Zoning
Compliance (CZC) application, submit a wised site plan and a revised landscape plan that
show the requested right-of-way dedication and reflect the other changes noted in the
conditions below.
Revised site plan is provided.
12. Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the applicant shall
submit written documentation that includes consent from the property owner to the north
(currently Vance) to construct an off-site driveway to Ten Mile Road. Documentation providing
reciprocal cross -access for both property owners to use said driveway shall also be provided.
Further, the applicant shall approach the other property owner to the north (Parcel No.
51202336314) about removing the southern driveway they have to Ten Mile Road and utilizing
the proposed shared driveway as well. If the proposed shared driveway to the north does not
get built for any reason, an all weather access road must still be maintained to provide access
for City of Meridian maintenance crews to the well house.
The easement is forthcoming. Upon completion of the sale of ground from the church to Hawkin's
Companies, the easement will be provided" to the city. ; Hawkins company has an agreement with the
property owner for the easement which will perfect the easement upon Hawkin's closing on the
ground. This agreement is forthcoming and will be provided to the city. 1�--40 he reC"eced
3. The submitted landscape plan prepared by South Landscape Architecture, P. C., dated 3-I1-05
is not approved as submitted. The applicant should submit 10 full size copies and one 8.5" x
11 " copy of a revised landscape plan to the City Clerk at least 10 days prior to the City
Council hearing. The following modifications should be included in the revised plan:
X:\Projects\Hawkins\2618Wdmin\Utters\CZC Narrative.doc
a. Construct a 25 foot wide landscape buffer along Ten Mile Road and Cherry Lane,
located entirely outside of the right-of-way. The sidewalk for Cherry Lane and Ten
Mile Road may not be counted as part of the landscape buffer width. In accordance
with MCC 12-13-10, install one tree within said buffer for every 35 feet of frontage
on the Cherry Lane and Ten Mile Road.
b. Construct a 25 foot wide landscape buffer along the east property line. The
easternmost edge of the driveway to Cherry Lane shall be located a minimum of 25 -
feet from the east property line, and not encroach into the landscape buffer. Said
buffer shall contain materials in accordance with MCC 12-13-12-3.
c. Replace the existing wood fence along the east property line and construct a six-foot
tall CMU wall, as proposed. Construct a four foot tall CMU wall along the north
landscape planter, as proposed.
d. Construct a 4-6-9oot wide landscape buffer with trees and shrubs between the
retail use and the existing home to the north, as proposed. Said landscape buffer is
approved with alternative compliance.
e. Construct internal planter islands within the parking area to prohibit 13 or more
continuous parking stalls. Each interior planter shall be landscaped with at least
one tree and shall be covered with low shrubs, lawn, or other vegetative
groundcover (MCC 12-13-11-3).
f. Construct a minimum 5 -foot wide landscape strip from the north property line and
the drive aisle (adjacent to the City well lot). Plant a minimum of one tree per thirty-
five feet and shrubs, lawn, or other vegetative groundcover within said landscape
strip (MCC 12-13-11-2).
g. The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting,
and implementing a protection/mitigation plan for the existing trees on site.
h. The applicant shall construct additional screening for the White property to north,
including a 4 -foot fence along the southern property line of the White property
(Parcel No. S1202336314), as proposed.
All items above have been addressed on the site plan and landscape plan.
4. The area shown for future development on the submitted site plan shall be mainta;nea��
�nfbus,ibky ,, tatien (weed Improved with grass until further use is determined. This
future pad site does not currently have its own lot and a division of the property will be
required prior to issuance of a building permit for a second principal structure on this site.
The landscape plan was revised to put grass in this area which will be removed at which time the site is
developed.
5. No signs are approved with this CUP application. All business signs require a separate sign
permit in compliance with the sign ordinance. All signage shall be in accordance with the
standards set forth in this report and Section 11-14 of the City Zoning and Development
Ordinance.
The developer acknowledges this condition.
X:\Projects\Hawkins\2618Wdmin\Letters\CZC Narrative.doc
6. Meridian City Code requires that this site be served with a pressurized, underground irrigation
system. Use of non potable irrigation water is required when determined to be available by the
City Public Works Department as regulated by MCC 9-1-28. If a creek or well source is not
available, a single point connection to the municipal water system shall be required. If a
single point connection is used, the developer shall be responsible for the payment of
assessments for the irrigable common areas prior to signature on the final plat by the
Meridian City Engineer.
A pressurized irrigation system is proposed off city water.
Z At the public hearing, the applicant shall update the Commission on the outcome of the meeting
with the Meridian Police Department regarding means of increasing visibility to the drive-
through facility.
Item was address as the meeting.
8. Sanitary sewer service shall be from the city of Meridian's existing systems adjacent to the site.
Upgrading of existing service lines may be necessary to provide a level of service different from
the current church use. The future pad site is being shown to be served by a stub from an
existing main in W. Cherry Lane. No sewer main exists at this location. The applicant will be
required to install any new mains that may be required to provide service. The applicant shall
coordinate main sizing and routing, for any needed main, with the City of Meridian Public
Works department, or submit detailed design plans for how the applicant proposes to service
the future pad site with sewer.
The developer acknowledges this condition.
9. Water service to this site is being proposed via an extension of service lines from water mains
located in the private drive abutting the north side of this project. The applicant shall
construct any water mains necessary to service this proposed development. Applicant shall
execute City of Meridian standard forms of easements, for any mains that are required to
provide service. Coordinate main size and routing with Public Works.
The developer acknowledges this condition.
10. Any future change of use on the property shall require conditional use permit approval.
The developer acknowledges this condition
11. Comply with the conditions and comments of all City Departments, and other agencies.
The developer acknowledges this condition. All other conditions will be met.
12. All required improvements must be complete prior to obtaining a Certificate of Occupancy for
the proposed development. A temporary Certificate of Occupancy may be obtained by
providing surety to the City in the form of a letter of credit or cash in the amount of 110% of
the cost of the required improvements (including paving, striping, landscaping, and irrigation).
X:\Projects\Hawkins\2618\Admin\Letters\CZC Narrative.doc
A bid must accompany any request for temporary occupancy. Any temporary occupancy will
not exceed 60 days to complete the required improvements.
The developer acknowledges this condition
13. If construction has not begun within 18 months of City Council approval, a new conditional use
permit must be obtained prior to the start of development.
The developer acknowledges this condition
14. Outside lighting shall be designed and placed in such a manner as to eliminate glare and
illumination of the adjoining roadways and properties, in accordance with City Ordinance
Section 11-13-4.C.
The developer acknowledges this condition
15. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into surface water is prohibited unless the jurisdiction which has authority over the receiving
stream provides written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
The developer acknowledges this condition
16. Applicant's (or successor's) failure to comply with any of the terms of approval of the
conditional use permit shall be cause for revocation of the conditional use permit.
- — The -developer -acknowledges -this condition-- ----- -- -- -
X:\Projects\Hawkins\2618Wdmin\Utters\CZC Narrative.doc
i C-15411IP92365 READ AND APPROVED:
WARRANTY DEED 6857966
FOR VALUE RECEIT-ED JOAN D. PRIEST, a married woman as her sole and separate
property and GLEN W. DAVIDSON, a married man as his sole and separate propercy
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i
the Grantor s do hereby grant, bargain, sell and convey unto SOIITHERN IDAHO CORPORATIox OF Y
C SEVENTH DAY ADVENTIST
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the Grantee , whose address is 7777 Fairview. Boise, ID C,: 7C loasoaozz5
the follouing described premises, to -wit: :
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HERF.DF BY TRIS REFERENCE.
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TO HAV E .I D TO HOLD the said premise,. with their appurtenances unto the Said Grantee
V its heirs and wmigns forever. And the+-tid Grantor s dor_
herebL COwenanL i0
_ and with the said Grantee , that t he y are the owners in fee simple of said premises; that
c=
_ said premises are free from all encumbrances; Except for general taxes and assessments. -
covenants, conditions, restrictions and easements of record;
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and that ' they will warrant and defend thu vime from all lam-ful claims whatsoever -
_1 Dated: November 7-3 1968
IV
JOAN D.0 PRIEST -- - -_ - —GLEN- s DA SON - - -- f-- - - - a
o }
STATE Or IDAHO, COUNTY OF CANYON .�
v
Oo this 25�ny of November .19 88 STATE OF IDAHO )as
�i before me, n notary public in and far said Suita•, µerson:,lly COUNTY OF � )
On this day of Noyemher 39 88
g appeared JOAN D. PRIEST ' before me, a N ,u bG in and for said state, personally
& Bb �R
g appeared ZEST
t known or identified to me to be't te•perwn w1t= (tame is
i subscribed to the within inslrutuent as the attorney in fact of
known co GLEN W. DAVIDSON ` and acknowl�ed�yed to ins
rpc :o be the person whose nnmv is thin tie subscribed the name of GLEN W. I)_4YiDSON
sub;efjbgd to chiil�
, Kithin imtrunient, and ncknuuleaii to thereto as principal, and bi tw) bwn Warne as-atiomey in
exaeute•d the samr_ fact.Wtir
bc
DesireerA. Mayden� Residing. Nampa Idaho
' Rp3iding ai - ; Nampa ldahu f t• .
Comni..Ezi�ires "�=3-9-94
PIONEBR TITLE COMPANY
.rhdoh�siOF CANYON COUNTY
901-121h
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EMUBIT "A"
This parcel is a portion of the SWI/41/4 of Section 2, Taunsl-,ip
3 North, Range 1 West of the Boise Meridian and is more
particularly described as follows:
BEGINNING at the southwest corner of said SWI/4SW1/4;
Thence North 012'07" East along the westerly boundary of said
SWI/4SW1/4 a distance of 345.50 feet; L, -
Thence
Thence South 88*38'31'•East parallel with the southerly boundary
of said SWIe4SW1/4 a distance of 417.50 feet;
Thence South 001.4107" West parallel with the said westerly
boundary a distance of 345.50 feet to a point on said southerly
boundary;
Thence North 88038,31" West a distance of 417.50 feet to the POINT
'OF BEGIMING. _
This parcel contains 3.311 acres and is subject -to county road
rights—of—way along the westerly and southerly boundaries and to a
7.5 foot wide irrigation easement along the easterly boundary.
AFFIDAVIT OF LECA1, INTEREST
STATE OF IDAWO
COUNTY OF ADA j
208 345 2668;* 2
Idaho 83704, located at 7777 Fairview Avenue, Boise,
being first duly swom upon Oath, depose and say:
That Idaho Conference of seventh -da
nonprofit, religious corporation ("Owner"), s the record a ord owner of the property described on the attached, and the Owner grants its permission to:
8645 W. Franklin Road Boise 'ID'g3709
to submit the accompanying application pertaining to that property,
2. The undersigned is an officer of Owner, and has the authority to ex
affidavit on behalf of the Owner. ecute this
3. Owner agrees to indemnify, defend and hold the City of Meridian and it's
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,
Dated this day of April, 2005,
Idaho Conference of Seventh -day Adventists, Inc.,
an Idaho nonprofit religious corporation
n4/ ,
By:
Its: s e c
SUBSCRIBED AND SWORN to before me the day and year first above written,
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ELl N E
�.,
��?:• ctOTAgy ''AG No
v; :N Public for Idaho
Resi Ing at
My Commission Expires
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Walgreen's Vicintiy Map
SCALE 1 :3,000
200 0 200 400 600
FEET
Project Name:
Specifications:
IRRIGATION PERFORMANCE SPECIFICATIONS
UDC 11-3B-6
A,5
Available Gallons per Minute: YOgbr A
Available Water Pressure: U12?P 1i
Point of Connection (describe and/or su
Primary Connection: G
Secondary Connection:
a site
we.,
Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the
square footage oandscaped areas to be irrigated: 21, obb square feet
Backflow Prevention _A backflow prevention device must be installed as required by City Ordinance 9-3.
Coverage: The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular
spacing as appropriate.
Matched Precipitation Rates: Sprinkler heads must have matched precipitation rates within each control valve
circuit.
Irrigation Zones: Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are
on a separate zone or zones from those irrigating trees, shrubs, or other reduced -water -demand areas.
Overspray: Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks,
driveways, and parking areas.
Notes:
Irrigation Required: All landscape areas shall be served with an automatic underground irrigation system.
Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28.
Irrigation Water Source: Use of non -potable irrigation water is required when determined to be available by the City
Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water
meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be
used as a primary irrigation water source on non-residential lots with more than % acre of landscaping. Year round
water availability is also required by connecting to city potable water or an on-site well as a secondary source.
Certification:
I have read and understand the absp cifications and notes for irrigation systems and hereby affirm that any
irrigation system installed for th j ct mentioned above will comply with these specifications and notes.
Applicant's Signature: Date: OS
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w+w<� CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
Project name: re-"
Applicant/a ent:
All applications are required to contain one copy of the following unless otherwise noted:
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org
ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If arty changes must be,
made to the siteplan to accommodate the ACHD requirements, anew siteplan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance of a building permit.
Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid.
• Location, size, and species of all existing trees on site with trunks 4 inches or
greater in diameter, measured 6 inches above the ground. Indicate whether the
tree will be retained or removed.
• A statement of how existing healthy trees proposed to be retained will be
protected from damage during construction
• Existing structuresplanting areas light poles, power poles, walls fences berms
parking and loading areas, vehicular drives, trash areas, sidewalks, pathways,
stormwater detention areas, signs, street furniture, and other man-made elements.!
j
• Existing and proposed contours for all areas steeper than 20% slope. Berms shall
be shown with one -foot contours.'
• Sight Triangles as defined in 11-3A-5 of this ordinance.
• Location and labels for all proposed plants, including trees, shrubs, and
V
gi0undcovers (trees must not be planted in City water or sewer easements). Scale shown for
Ili-
l`_
plant materials shall reflect approximate mature size
• A plant list that shows the plant symbol, quantity, botanical name, common name,
!`
minimum planting size and container, and comments (for spacing, staking, and
installation as appropriate).
✓
• Planting and installation details as necessary to ensure conformance with all
required standards.
• Design drawing(s) of all fencing proposed for screening purposes
• Calculations of project components to demonstrate compliance with the
requirements of this ordinance, including:'
➢ Number of street trees and lineal feet of street frontage
➢ Width of street buffers (exclusive of right-of-way) y
F
➢ Width of parking lot perimeter landscape strip
' `
➢ Buffer width between different land uses (if applicable)
E E E
Number of parking stalls and percent of parking area with internal landscapingE�E
E�
➢ Total number of trees and tree species mix ✓�
�=
➢ Mitigation for removal of existing trees, including number of caliper inches ✓
being removed
Reduction of the landscape plan 8 ''V2" x 11"
✓
Building elevations showing construction materials
Fee
T;
ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If arty changes must be,
made to the siteplan to accommodate the ACHD requirements, anew siteplan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance of a building permit.
Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid.
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CL
IT
HAWKINS
COMPANIES
COMM ERC 1 A L DEVELOPERS 8645 W. Franklin Road, Boise, ID 83709
Phone: (208) 376-8522 Fax: (208) 376-8523
LETTER OF TRANSNUTTAL
To: City of Meridian Date: November 16, 2005
Planning & Zoning Project: Walgreens
Location: Ten Mile & Cherry Lane
Phone: Fax; Attention: Craig Hood
Enclosures include the following:
Revised Landscape Plan — Sheet L1.0 (Full Size)
Revised Landscape Plan — Sheet L1.0 (8.5 x 11)
........ .......... .....
.........
® For Your Use ® For Review & Comment ❑ As Requested I
[]U.S. Mail ❑ Courier ❑ FEDEX ❑ FAX pages
Craig,
We have relocated proposed new trees along the Cherry Lane frontage per Settler's Irrigation request. The irrigation district does not want new
trees planted in their easement area.
Copy to:
HAWKINS COMPANIES
Jessica Aguilar
Pre Development Project Manager
1�1 HAWKINS
� COMP'ANIES
COMMERCIAL DEVELOPERS
November 3, 2005
Mr. Craig Hood / Senior Planner
City of Meridian — Planning & Zoning Department
660 East Watertower Lane, Ste 202
Meridian, ID 83642
RE: Walgreens
NEC Ten Mile & Cherry Lane
Meridian, Idaho
Cross Access Agreement — Vance Property
Dear Craig:
As you are aware, one of the conditions of approvals for the Walgreens project at Ten
Mile & Cherry Lane is to secure and record a cross access agreement between the
Walgreens property and the Vance property to the North.
Hawkins Companies is unable to record the easement at this time. However, we intend
to record the easement, but have to follow a sequence of events as stipulated by our
Exchange Agreement with the SDA Church.
The Walgreens property is still under the ownership of the Idaho Conference of Seventh
Day Adventist. Hawkins Companies. is acquiring the Ten Mile property as part of a land
exchange with the Church. Hawkins Companies has acquired and will be constructing a
new SDA Church located at 1735 N. Black, Cat. Once the new Church has been
constructed and has been issued the Final Certificate of Occupancy, the properties will
be exchanged (Closed). Within 14 days, the cross access easement with the Vance
property can be recorded. Construction of the Walgreens will not start until after the
exchange.
Attached is a copy of the Exchange Agreement with the SDA Church, reference Section
7 and 8. Also attached -is the executed Permanent Access -Agreement -signed by Ed
Vance for the cross access agreement.__
hope this additional information will assist in your evaluation of the Certificate of Zoning
Compliance submittal for the Walgreens. Please let me know if you require any
additional information. I may be reached at 947-4718.
Sincerely,
Hawkins Companies
Jessica Ag '
Pre -Development Project Manager
Enclosures: Exchange Agreement
N•%nPnartments\Predevelopment\Projects\Idaho\Meridian\Ten Mile & Cherry Lane\Admin\Letter to Meridian
PERMANENT ACCESS AGREEMENT
This PERMANENT ACCESS AGREEMENT ("Agreement") is dated this _
day of '3'tJ�, a.$�" ' , 2005, by and between GRH TEN MILE LLC, an Idaho
limited liability company, and HALKER PROPERTIES LLC, an Idaho limited liability
company (collectively, "Hawkins") and EDWARD J. VANCE, a single man, ("Vance").
Recitals:
A. Hawkins is the owner of that certain real property located at the northeast
intersection of Ten Mile Road and Cherry Lane, in the City of Meridian, Ada County,
Idaho, shown on Exhibit "A" attached hereto and made a part hereof, and as more
particularly described on Schedule I attached hereto and made a part hereof (the
"Hawkins Property ").
B. Vance is the owner of that certain real property located adjacent north of
the Hawkins Property, shown on Exhibit "A" attached hereto and as more particularly
described on Schedule H attached hereto and made a part hereof (the "Vance Property").
The Hawkins Property and the Vance Property are sometimes collectively referred to in
this greement as roperty' or `Properties".
C. The parties desire to share a joint access driveway to and from Ten Mile
Road, among other things, upon the terms and set forth in this Agreement.
Agreement:
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Hawkins and Vance agree as follows:
1. Permanent Access Drive. Each owner, as grantor, hereby grants to the
other owner and --its respective tenants,- contractors, employees, agents, licensees and
invitees, and the subtenants, contractors, employees, agents, licensees and invitees of
such tenants, for the benefit of each Property belonging to the other owners, as grantee, a
perpetual, non-exclusive easement for ingress and egress by vehicular and pedestrian
traffic upon, over and. across that portion of the grantor's Property shown as "Permanent
Access Drive" on Exhibit "A" attached hereto and as more particularly described in
Schedule III attached hereto and made a part hereof. The portion of the Permanent
Access Drive crosshatched on Exhibit "A" shall initially be improved by Hawkins with
asphalt paving, at minimum, in accordance with appropriate governmental regulations.
The Permanent Access Drive, after the initial construction thereof by Hawkins, shall (i) at
all times remain in place as shown on Exhibit "A", and (ii) in no event be blocked,
closed, altered, changed or removed, except upon the prior written approval of the
owners. In addition, Hawkins, at Hawkins expense, shall maintain the Permanent Access
Drive in good condition or repair (unless any disrepair thereto is caused by Vance or
P.N69200 Ten Mile & Cherry Lane - Meridian, ID\02400 Easements\Permanent Access Agreement 00l.doc
Vance's tenants, contractors, employees, agents, licensees and invitees). All such
maintenance and repair shall be affected as expeditiously as possible and in such a
manner as not to unreasonably interfere, obstruct or delay the easements granted herein
during such maintenance and repair.
2. Screening. Hawkins, in conjunction with the construction of the
Permanent Access Drive, shall install on the Hawkins Property a four (4) foot screening
wall on or along the landscaping buffer shown on Exhibit "A" located on the Hawkins
Property directly south of the Vance Property. The purpose of said wall is to screen from
the Vance Property the headlights of vehicles using the contemplated drive-through lane.
3. Garbage. During and after the development of the Permanent Access
Drive, Hawkins agrees to provide Vance a reasonable location on the Vance Property in
which to accommodate Vance on the weekly garbage and refuse pickup for the Vance
Property.
4. Consideration. Hawkins shall pay Vance Five Thousand Dollars
($5,000.00) immediately upon execution and delivery of this Agreement by Vance to
Hawkins. The parties agree that Hawkins shall record this Agreement in the official
records of Ada County, Idaho.
5. License for Construction. Vance grants to Hawkins, and its contractors,
employees, agents, and representatives, a nonexclusive license over the portion of the
.Permanent Access Drive and such other areas as are reasonably necessary located on the
Vance Property for performance of all work required or permitted to be performed by
Hawkins under this Agreement.
6. Successors and Assigns/Covenants Run With Land. This Agreement
and the terms, obligations and easements created hereby shall inure to the benefit of and
be binding upon the parties, their heirs, successors and assigns and personal
representatives and upon any person acquiring a Property or any portion thereof or any
interest therein whether by operation of law or otherwise, and shall be a burden on each
Property, appurtenant to and for the benefit of the other Property and each part thereof
and shall run with the land. Notwithstanding the foregoing, if any party sells or transfers
all or any portion of its interest in any Property, such owner shall, upon the sale and
transfer of title, be released and discharged from all of its obligations as an owner in
connection with said Property sold by it arising under this Agreement after the sale and
transfer of title but shall remain liable for all obligations arising under this agreement
prior to the sale and transfer of title.
7. Injunctive Relief. In the event of any violation or threatened violation by
any person of any of the easements or obligations set forth in this Agreement, a party
shall have the right to enjoin such violation or threatened violation in a court of
competent jurisdiction. The right of injunction shall be in addition to all other remedies
set forth in this Agreement or as provided by law.
2
P:\69200 Ten Mile & Cher y Lane -Meridian, ID\02400 EasementsTermanent Access Agreement 001.doc
8. Default. (a) A party shall be deemed to be in default of this Agreement
only after the expiration of 15 days from receipt of written notice from any other party
specifying the particulars in which such party has failed to perform the obligations of this
Agreement unless such party, prior to the expiration of said 15 day period, has rectified
the particulars specified in said notice of default. However, such party shall not be
deemed to be in default if such failure cannot be rectified within said 15 day period and
such party is using good faith and its best efforts to rectify the particulars specified in the
notice of default.
(b) It is expressly agreed that no breach of this Agreement shall entitle
any owner to terminate this Agreement, but such limitation shall not affect in any manner
any other rights or remedies which such owner may have hereunder by reason of any
breach of this Agreement.
9. Notices. Notices under this Agreement shall be in writing and shall be
deemed given when received or when receipt is refused. Notices shall be sent by US
mail, registered or certified, return receipt requested, postage prepaid, or by overnight
delivery service showing receipt of delivery. If to Hawkins, notices shall be sent to 8645
W. Franklin Road, Boise, ID 83709, attention: Legal Department, and if to Vance to,
1740 N. Ten Mile Road, Meridian, ID 83642.
10. Attorney's Fees. In the event either party initiates or defends any legal
action or proceeding in any way connected with this Agreement, the prevailing party in
any such action or preceding ("in addition to any other relief which may be granted,
whether legal or equitable"), shall be entitled to recover from the losing party in any such
action or proceeding its reasonable costs and attorney's fees (including, without
limitation, its reasonable costs and attorney's fees on any appeal).
11. Counterparts. This Agreement may be executed in counterparts, which
together shall constitute one agreement.
12. Amendment. This Agreement may not be modified in any respect
whatsoever or terminated, in whole or in part, except with the written consent of all
owners of the Properties.
[Signatures and Acknowledgements on Next Page]
P:\69200 Ten Mile & Cher y Lane -Meridian, ID\02400 Easements\Permanent Access Agreement 001.doc
EXECUTED as the date first set forth above.
VANCE:
dward J ance
STATE OF IDAHO )
ss.
County of dao )
On this 21 , day of in the year 2005, before me, a
Notary Public in and for the State of Idaho, per ovally appeared Edward J. Vance, known
or identified to be the individuals who subscribed said names to the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
°°'q R• Epp �'•e, Notary Publ' for fh ,,NO
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�.�v1,`�0.eOO•••"me q e� Residing at: &IS& /-D
Jq ; : `d •. My commission expires: 8- 1- Of9
: SOT AR I, 9.0%
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PA69200 Ten Mile & Chevy Lane -Meridian, ID\02400 Easements\Permanent Access Agreement 00l.doc
EXECUTED as the date first set forth above.
GRH TEN MILE LLC,
an Idaho limited liability company
STATE OF IDAHO
. ss.
County of Ada
On this 07gd— day of _Su Ly ' , in the year 2005, before me, a
Notary Public in and for the State of Inn i , personally appeared 6:yy H4 E known or
identified to me to be theAuTr+aNz6o 4vRrcgv►k-fi°hof GRH Ten Mile LLC, and who subscribed
said name to the foregoing instrument, and acknowledged to me that he executed the
same in said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
JM14— A`7l /lel ern A4__1
Notary P>flic for Idaho
Residing at: &/9 /,D
My commission expires: g—
P:\69200 Ten Mile & Cheny Lane -Meridian, ID\02400 Easements\Permanent Access Agreement 00l.doc
EXECUTED as the date first set forth above.
HALKER PROPERTIES LLC,
an Idaho limited liability company
By: M6.
Its: IV�
STATE OF IDAHO )
. ss.
County of Ada )
On this Qg��;"day of L'� , in the year 2005, before me, a
Notary Public in and for the State of / 1c, personally appearedGrnknown or
identified to me to be the ✓YI A�v6AFA of Halker Properties LLC, and who
subscribed said name to the foregoing instrument, and aclmowledged to me that he
executed the same in said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
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Residing at: fblst, p
My commission expires: ig- l — 06
P:\69200 Ten Mile & Cher y Lane -Meridian, ID\02400 Easements\Permanent Access Agreement 00l.doc
SCHEDULE I
A PORTION OF THE SW1/4SW1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE
BOISE MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SWI/4SW1/4;
THENCE NORTH 0019'07" EAST ALONG THE WESTERLY BOUNDARY OF SAID SW1/4SWI/4 A
DISTANCE OF 345.50 FEET;
THENCE SOUTH 88038'31" EAST PARALLEL WITH THE SOUTHERLY BOUNDARY SAID SW1/4SW1/4
A DISTANCE OF 417.50 FEET;
THENCE SOUTH 0019'07" WEST PARALLEL WITH THE SAID WESTERLY BOUNDARY A DISTANCE OF
345.50 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY;
THENCE NORTH 88038'31" WEST DISTANCE OF 417.50 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPTING
A PARCEL OF LAND LYING IN THE SW 1/4 OF THE SW 1/.4 OF SECTION 2, T. 3N., R. 1W., B.M., ADA
COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE BRASS CAP. MARKING THE SECTION CORNER COMMON TO SECTIONS 3, 10, 11
AND THE SAID SECTION 2;
THENCE NORTH 0019'07" EAST 345.50 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID SW
1/4 OF SECTION 2, WHICH IS ALSO THE CENTERLINE OF TEN MILE ROAD, TO AN IRON PIN;
THENCE SOUTH 88038'31" FAST 317.50 FEET ALONG A LINE NORTHERLY OF AND PARALLEL WITH
THE SOUTHERLY BOUNDARY OF.THE SAID SW 1/4 OF SECTION 2 TO AN IRON PIN, ALSO SAID
POINT BEING THE REAL POINT OF BEGINNING;
THENCE CONTINUING SOUTH 88038'31" EAST 100.00 FEET ALONG ALINE NORTHERLY OF AND
PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO A POINT,
THENCE SOUTH 0019'07" WEST 50.00 FEET ALONG A LINE EASTERLY OF AND PARALLEL WITH THE
SAID WESTERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO A POINT;
THENCE NORTH 88038'31" WEST 100.00 FEET: ALONG A LINE NORTHERLY OF AND PARALLEL WITH
THE SAID SOUTHERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO AN IRON PIN;
THENCE NORTH Q019'07" EAST 50.00 FEET ALONG A LINE EASTERLY OF AND PARALLEL WITH THE
SAID WESTERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO THE POINT OF BEGINNING.
ALSO LESS AND EXCEPTING THAT PORTION DEEDED TO ADA COUNTY HIGHWAY DISTRICT IN
WARRANTY DEED RECORDED 6-15-94 AS INSTRUMENT NO. #94056393.
APN: S-1202-33-6334
Commonly known as: 0000 W. Cherry Avenue, Meridian, ID 83642
SCHEDULE II
EmTisxT "A"
ISU ; 000042
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
2, TOWNSHIP 3 NORTH. RANGE t WEST, •801SE MERIDIAN. ADA COUNTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE BRA55 CAP MARIONG THE SECTION CORNER COMMON TO SECTIONS 3,10,11 AND
THE SAID SECTION 2; .
THENCE NORTH -0 DEGREE 1907' EAST 370.5D FEET ALONG THE WESTERLY BOUNDARY OF THE SAID
SOUTHWEST QUARTER OF SECTION 2, WHICH IS ALSO THE CENTERLINE OF TEN' MILE ROAD, TO AN
IRON PIN, ALSO SAID POINT BEING THE REALPOINT OF BEGINNING;
THENCE SOUTH 813 DEGREES 3B•31' FAST 199-39 FEET ALONG A UNE NORTHERLY OF AND PARALLEL
WITH THE SOU'T'HERLY BOUNDARY OF THE SAID SOUTHWEST QUARTER OF SECTION 2 TO AN IRON
PIN; THENCE NORTH 0 DEGREE 19'17' EAST 14200 FEET ALONG A UNE EASTERLY OF AND PARALLEL
WITH THE SAID WESTERLY BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION 2 TO A POINT;
THENCE SOUTH'BB DEGREES 38'31" EAST 218.11 FEET ALONG A UNE NOR'TIIERLY•OF AND PARALLEL
VM THE SAID SOUTHERLY BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION 2 TO A POINT;
THENCE SOUTH 0 DEGREE 19'Or WEST 117.00 FEET•ALONG ALINE EASTERLY OF AND PATRALLELWITH
THE SAID WESTERLY BOUNDARY OFTHE SOUTHWEST QUARTER OF SECTION 2 TO A POINT;
THENCE NORTH BB DEGREES 38.3!' WEST 100:00 FEET ALONG A LINE NORTHERLY O!= AND PARALLEL
WITH THE SAID SOUTHERLY BOUNDARY OFTHE SOUTHWESTQUARTER OF SECTION 2T0 AN IF1ON
PIN;
THENCE SOUTH 0 DEGREE Ivor WEST 50.00 FEET ALONG A LINE EASTERLY OF AND PARALLEL WITH
THE SAID WESTERLY BOUNDARY OF THE SOUTHWEST QUARTER OF SEMON 2 TO AN IRON PIN;
THENCE -NORTH 88.DEGREES 38'31• WEST 317.50 FEE I ALONG A UNE NORTHERLY OF AND PARALLEL
vwTH THE SAID SOUTHERLY BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION 2 TO AN IRON
PIN ON THE SAID WESTERLY BOUNDARY OF THE SOUTHWEST QUARTER OF SSG` n0N•2;
THENCE NORTH 0 DEG.REE.IWOr EAST 25.00'FEETALONG THE SAID WEST JtY BOUNl7ARY OFTHE
SOUTHWEST QUARTER OF.SECTION2 TO THE•POINT OF BEGINNING. •'F'.
EXCEPTANY•PORTION LYING WITHIN THE RIGHT OF WAY OF TEN MILE ROAD. 1 „
END OF LEGAL DESCRIPTION
Schedule III
Description of Permanent Access Drive
P:\69200 Ten Mile & Cherry Lane - Meridian, ID\02400 Easements\Permanent Access Agreement 001.doc
Exhibit "A"
Site Plan
[Attached]
10
P:\69200 Ten Mile & Cherry Lane -Meridian, ID\02400 Easements\Permanent Access Agreement 001.doc
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EXCHANGE AGREEMENT FOR REAL PROPERTY
This EXCHANGE AGREEMENT FOR REAL PROPERTY ("Agreement") is made
effective by and between HAWIONS COMPANIES LLC, an Idaho limited liability company, whose
address is 8645 West Franklin Road, Boise, Idaho 83709 ("HCo"), and IDAHO CONFERENCE OF
SEVENTH -DAY ADVENTISTS, Inc., an Idaho nonprofit, religious corporation, formerly known as
the Southern Idaho Corporation of Seventh -day Adventists, whose address is 7777 Fairview
Avenue, Boise, Idaho 83704 ("the Church"). The Church and HCo may sometimes be referred to
as a "party" or the "parries". The effective date of this Agreement (the "Effective Date") shall be
the later date of the dates this Agreement is executed by HCo and the Church below.
Recitals
A. HCo is or shall be the owner of that certain property located at 1735 North Black Cat
Road, Meridian, Idaho, which is legally described on Exhibit A, and graphically
depicted on Exhibit B (the "HCo Property%'; the HCo Property shall be further defined
as provided below).
B. The Church is the owner of that certain property located at the northeast corner of
Cherry Lane and Ten Mile in Meridian, Idaho (the "Church Property"), which is
legally described on Exhibit C and graphically depicted on Exhibit D.
C. As part of the Agreement, HCo desires to purchase the Church Property from the
Church, demolish the existing structures, unless otherwise removed by the Church as
provided for herein, and construct new improvements and structures on, and otherwise
re -develop, the Church Property, and the Church desires to purchase the HCo Property
(as further defined below) from HCo, subject to the terms and conditions set forth
herein.
D. In exchange for the Church's agreement to convey its rights to the Church Property to
HCo, HCo agrees to convey all ownership rights to the HCo Property (the "Exchange')
to the Church after constructing a new church building (as further provided herein) on
the HCo Property (excluding that portion, if any, which HCo may be required to
convey to the Ada County Highway District ("ACHD") as part of any government
approvals), as well as constructing additional improvements, including without
limitation a church sanctuary, according to plans and specifications agreed upon by the
parties pursuant to this Agreement and such changes as may be required by the City of
Meridian and/or ACHD (the "Improvements') (the "HCo Property"; the HCo Property
shall herein after be defined to include the real property and the Improvements
thereon). The Improvements, when completed, shall consist of all site improvements,
including without limitation, parking areas, landscaping, curbs, gutters and sidewalk,
and building improvements, including without limitation, a 250 -seat sanctuary and
various additional rooms and improvements substantially similar to the Church's
existing building on the Church Property, and pursuant to the Plans and Specifications
as defined herein.
FILE NAME:
EXCHANGE AGREEMENT FOR REAL PROPERTY -1 FILE #- PC;
69200\3200\7thDayAdvendstChurch\PSA Exchange Agreementbkredline 4-3-05 C0: LOC: PROJ:
MIT• nen—
E. The Church Property and the HCo Property may sometimes be referred to as the
"Properties."
F. These Recitals are hereby incorporated into the Agreement as if fully set forth below.
Agreement
In consideration of the above Recitals and the mutual promises contained in this
Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Exchange. The Exchange of the Properties shall proceed according to the
following terms:
(a) Upon execution of this Agreement by HCo and the Church, HCo shall deliver
to Escrow Holder (as defined in Section 2 below) as a deposit and partial payment for the Church
Property a check payable to Escrow Holder or cash in the amount of $1,000.00 ("Initial Earnest
Money Deposit'). The Initial Earnest Money Deposit shall be refundable except as otherwise
provided herein.
(b) Prior to the Closing Date (as defined in Section 8(b) below), HCo shall
make or cause to be made the Improvements on the HCo Property as provided in the Plans and
Specifications (as defined in subparagraph (d) below). The Church shall occupy the Church
Property until all Improvements are completed and the HCo Property is granted a final occupancy
permit, as determined by the City of Meridian. During this time, HCO shall not conduct any
excavation or construction on the Church Property. HCo shall give the Church written notice sixty
(60) days prior to HCo's reasonable estimate of the anticipated date of substantial completion of
the Improvements on the HCo Property in order to allow the Church reasonable time to (i)
coordinate the Church's move to the HCo Property including the installation of the Church's
furniture and equipment and (ii) prepare to close the transaction contemplated by this Agreement.
HCo shall confirm the occupancy date in writing at least fourteen (14) days prior to Closing.
Prior to Closing the Church shall have the right, but not the obligation to remove the present
church structure, or anything from the present church structure on the Church Property, including
without limitation any personal property plus any portion of the real property that it deems to have
use for. Anything not removed by the Church shall become the property of HCo for salvage value.
The parties may enter into an extension agreement whereby after Closing the Church is allowed
to remove the existing structure from the Church Property provided such extension of time does
not impact HCo's ability to move forward with its project on the Church Property and terms for
such extension are mutually agreed to by both parties.
(c) HCo's purchase price for the Church Property shall equal any and all of
HCo's costs, expenses and all other fees related to the acquisition of the HCo Property, and the
design and construction of the Improvements (including, but not be limited to, architectural and
engineering fees, construction interest, fees, construction costs, utility costs and fees, title
insurance and endorsement fees, closing costs, appraisal fees, building permit costs and impact
EXCHANGE AGREEMENT FOR REAL PROPERTY - 2
69200\3200\7thDayAdventistChurch\PSA Exchange Agreement bk redline 4-3-05
fees) on the HCo Property in accordance with the Plans and Specifications ("Construction
Allowance') (collectively, "Total Cost"). It is agreed that as part of the Total Cost HCo shall
either pay for or provide an allowance for all items reasonably related to the functioning of the
Church building, excluding personal property, including the following:
• Pews (allowance to be $17,000)
• Landscaping reasonably acceptable to the Church including grass and sprinkler on
the rear half of the HCo property for easy maintenance by the Church.
• Carpeting throughout the building, including the Sanctuary.
• Completion of the baptistery for functional use for baptisms including final
plumbing for hot and cold water.
(d) The Church's purchase price for the HCo Property shall be the transfer of
the Church Property to HCo.
(e) It is anticipated by the Parties that the Church shall occupy the HCo
Property on or near the date of substantial completion as contained within the schedule attached
hereto as Exhibit E ("Construction Schedule") and shall occupy the HCo Property rent free from
the date of such occupancy until the date of closing as further provided herein below.
(f) HCo and the Church shall finalize and agree upon the plans and
specifications for the Improvements ("Plans and Specifications") as further provided herein.
(g) During the course of construction, HCo shall be the owner of the HCo
Property and shall be responsible for activities on the HCo Property. Upon Closing and transfer
of ownership of the HCo Property to the Church, no construction or other activities necessary for
completion of the church construction or landscaping by HCo shall be done during the hours of
one hour before sunset Friday through one hour after sunset Saturday.
(h) The Church shall retain the services of an inspecting architect who shall be
responsible to the Church for reviewing the Plans and Specifications, negotiating details of such
Plans and Specifications on behalf of the Church with HCo and inspecting the construction during
the course of construction. HCo agrees to provide the Church an allowance of $7,500 for such
inspecting architect fees to be paid to the Church with $2,500 upon execution of this Agreement,
$2,500 to paid upon sign off by the Church of the Plans and Specifications and the balance of
$2,500 to be paid upon substantial completion of the church construction on the HCO Property.
2. Open of Escrow. HCo shall open escrow with the First American Title Company,
National Commercial Services, 7311 Potomac Drive, Boise, ID 83704, Phone: 1-800-321-7311,
Fax 1-208-327-5514, Attn: Edie Gratton — Escrow Officer (the "Title CgMany" or "Escrow
Holder') by deposit of a copy of this Agreement and the Initial Earnest Money Deposit within five
(5) days of the Effective Date of this Agreement.
3. License for Entry and Due Diligence:
EXCHANGE AGREEMENT FOR REAL PROPERTY - 3
69200\3200\7thDayAdventistChurch\PSA Exchange Agreement bk redline 4-3-05
(a) Both the Church and HCo hereby grant each other a license to enter upon the
Properties for all purposes reasonably related to a full and adequate determination of the suitability
of the Properties for their respective uses, including, without limitation, the right to conduct surveys,
soils tests, engineering studies, and environmental tests and audits. Such surveys, tests, audits and
studies shall be conducted and paid for by the party initiating same. Notwithstanding the foregoing,
HCo shall order and pay all costs and expenses associated therewith to procure or obtain on behalf of
the HCo Property, an ALTA survey, geotech and soils studies, a Phase I environmental study and all
other such surveys, tests, audits and studies a typical buyer would deem reasonable. The Church
may terminate this Agreement by providing HCo written notice no later than thirty (30) days after
receipt of any such survey, test, audit or study if it deems any of the conditions stated therein are
unacceptable to the Church for the Church's intended use of the HCo Property, otherwise such
survey, test, audit or study shall be deemed acceptable. In the event of any such termination of this
Agreement, both parties shall be released from any further obligations hereunder except for
liabilities, actual or contingent, which arose prior to the date of termination and Escrow Holder
shall return the Earnest Money Deposit to HCo without execution of any release or consent by the
Church.
(b) Each party agrees to indemnify, defend and hold harmless the other party
from any and all liability, claims, damages, expenses, judgments, proceedings and causes of action
of any kind whatsoever, arising out of the licensee's exercise of the license granted herein, unless
caused by the willU or negligent act or omission of the licensor, its agents, contractors or
employees. Upon completion of any tests, studies, surveys, and audits, the party initiating same shall
restore, at its own expense, the respective Property to (as near as is reasonably possible) its original
condition.
(c) HCo shall perform all its studies, feasibility analysis, initial surveys,
environmental tests, and other reviews of the Properties within one hundred eighty (180) days
after the execution of this Agreement ("Initial Review Period"). On or before the expiration of the
Initial Review Period, HCo may elect to extend the Initial Review Period for an additional ninety
(90) days ("Extended Review Period") upon providing written notice to the Church and depositing
an additional Earnest Money Deposit payment to Escrow Holder in the amount of $5,000.00
("Additional Earnest Money Dgposit"). The Initial Earnest Money Deposit and the Additional
Earnest Money Deposit may hereinafter be referred to as the "Earnest Money Deposit". During
the Initial Review Period and the Extended Review Period, HCo may cancel this Agreement for
for reason that the transaction is not feasible for financial reasons, planning and zoning
challenges, or failure to secure its intended tenant/purchaser of the Church Property, and receive a
refund of the Earnest Money Deposit without execution of any release or consent by the Church.
HCo shall be responsible for all fees due to the title company by reason of cancellation of this
Agreement. If HCo so cancels this Agreement, HCo shall give copies of all studies it has caused
to be conducted on the Church Property to the Church.
(d) The parties hereto agree to negotiate in good faith to prepare and approve
the Plans and Specifications for the Improvements on the HCo Property. The parties hereto agree
to expend their commercially reasonable efforts to finalize and complete the site plan, building
elevations and the floor plan portion of the Plans and Specifications for the Improvements no later
than ninety (90) days from the Effective Date of this Agreement and as provided by the date set
EXCHANGE AGREEMENT FOR REAL PROPERTY - 4
69200\3200\7thDayAdvendstChurch\PSA Excbange Agreement bk redline 4-3-05
forth in Exhibit E ("Plans and Specifications Approval Period"). During the Plans and
Specifications Approval Period, the Church may cancel this Agreement as a result of the parties'
failure to reach agreement upon the site plan, building elevations and the floor plans portion of the
Plans and Specifications as provided herein. The final Plans and Specifications shall conform to
the approved site plan, building elevations and floor plans, including such changes as may be
required by the City of Meridian and ACHD, and as approved by the Church, and the building to
be constructed on the HCo Property shall be substantially similar in or complimentary to the
design and construction to the Church's existing building. In the event that the Church lawfully
cancels this Agreement due to such failure, the parties shall have no further obligations hereunder
and the Earnest Money Deposit shall be returned to HCo without execution of any release or
consent by the Church.
4. Documents, Further Acts, and Easements for Ingress, Egress and Utilities.
Within ten (10) days after execution of this Agreement, each party shall deliver to
the other party copies of any and all documents related to and existing on their respective Property
at the time of execution that have not been previously provided to the other party, including but
not limited to, surveys, soil surveys, geotechnical, and environmental reports. The parties hereby
agree to perform, execute and deliver any and all such further acts, deeds and assurances as either
party hereto may reasonably require in order to consummate the transaction contemplated by this
Agreement.
5. Title Conditions: The Church and HCo agree to cooperate and to execute any
documents, which may be necessary or convenient to the performance of the following conditions:
(a) HCo shall cause to be delivered to HCo and the Church, at HCo's cost and
expense and within twenty (20) days after the Effective Date, a preliminary commitment for a
extended owner's title insurance policy from Title Company in the amount of not less than
$2,000,000.00, together with copies of all backup documents for the Properties ("Title
Commiitments'). Each party shall have thirty (30) days after receipt of such Title Commitments to
raise and make any objections to the condition of title in writing to the other party ("Title
Objections'), or such objections shall be deemed waived. Both parties shall have thirty (30) days
from its receipt of Title Objections from the other party to remove and/or cure same. If either party,
after expending diligent efforts, is unable to remove and/or cure such Title Objections the other party
shall have thirty (30) days to make one of the following elections: (i) cure the Title Objections itself
and close this transaction, (ii) close this transaction notwithstanding the Title Objections, or (iii)
terminate this Agreement and in such event, Escrow Holder shall return the Earnest Money
Deposit to HCo without execution of any release or consent by the Church. HCo and the Church
shall have until the date of closing to remove those instruments of record related to security
instruments encumbering the HCo Property or the Church Property, as the case may be, except as
provided herein. The Church understands and agrees that additional instruments of title which will
be recorded on the HCo Property subsequent to the issuance of the Title Commitment as a result of
HCo's development of the HCo Property and that such instruments of title shall be in the form of
easements, covenants, conditions and/or restrictions as are necessary to supply utility services to the
HCo Property and related improvements, and as are necessary and/or required by applicable
governmental authorities in the development of the HCo Property, provided, however, that the
EXCHANGE AGREEMENT FOR REAL PROPERTY - 5
69200\3200\7thDayAdventistChurch\PSA Exchange Agreementbk redline 43-05
Church may terminate this Agreement as a result of such additional instruments of title if and only if
such encumbrances or instruments of title unreasonably interferes with the operation of a church.
Except as otherwise provided herein, title to the Properties shall be good and marketable and shall be
free and clear of all liens (including materialman's liens), encumbrances (including monetary
encumbrances), assessments, tenancies (whether recorded or unrecorded) and other exceptions to
title, except the lien of taxes not yet due and payable and those exceptions approved in writing by
each party as provided herein (the "Permitted Exceptions");
(b) The Escrow Holder shall be prepared to obtain or issue from the Title
Company, upon closing, at HCo's expense, an extended coverage .ALTA Owner's Policy of Title
Insurance in the full amount of the purchase price (i.e. $2,000,000) (i) on the HCo Property, for the
Church and, (ii) on the Church Property for HCo.
6. HCo's Conditions to Close. The closing of this purchase and sale by HCo is
conditioned upon the occurrence of all of the following items:
(a) HCo has successfully completed its purchase of the HCo Property.
(b) HCo has obtained sufficient .financing for the acquisition of the HCo Property
and the construction of the Improvements thereon and its financer has agreed to release its
encumbrances on the HCo Property on or before the Closing Date.
(c) HCo and the Church, in good faith, have agreed in writing to the Plans and
Specifications for the Improvements on the HCo Property by the date set forth in Exhibit E.
(d) The truth and accuracy of all of the warranties and representations set forth
herein.
(e) HCo signing a lease with its prospective tenant for the demise of the
Church Property.
(f) HCo obtaining any and all permits and approvals necessary and/or required,
for the development of and construction on (i) the HCo Property of a church, and (ii) the Church
Property for the operation of a 24-hour drive thru pharmacy.
(g) HCo obtaining acceptable soils/geo-technical and environmental reports.
(h) The Church's compliance with all of its other obligations under this
Agreement.
(i) The requirements contained within Section 14 herein below have been met to
HCo's sole satisfaction, unless otherwise agreed by HCo in writing.
0) HCo shall have completed its due diligence review as set forth in Section 3
and approved the Church Property.
EXCHANGE AGREEMENT FOR REAL PROPERTY - 6
6920013200\7thDayAdvendstChurch\PSA Exchange Agreement bk redline 4-3-05
HCo, at its sole option, may waive any of HCo's conditions contained herein. The Church agrees
to cooperate with HCo in obtaining (at HCo's sole cost and expense) any and all necessary
approvals, permits, zoning, platting or similar entitlements necessary, in HCo's sole discretion, for
HCo's development of the HCo Property and the Church Property. All of HCo's conditions
contained herein shall be waived or deemed approved upon (i) obtaining all permits and approvals
necessary and/or required as described in the foregoing sentence, and (ii) HCo commencing
construction on the HCo Property. In no event shall HCo commence construction on the Church
Property prior to closing.
7. The Church's Conditions to Close. The closing of this purchase and sale by the
Church is conditioned upon the occurrence of all of the following items:
(a) HCo has successfully completed its purchase of the HCo Property.
(b) HCo obtaining any and all permits and approvals necessary and/or required
for the development of and construction on the HCo Property of a church.
(c) HCo's compliance with all of its other obligations under this Agreement.
(d) HCo constructing the Improvements in accordance with the Plans and
Specifications on the HCo Property and obtaining a Final Occupancy Certificate from the City of
Meridian for use as a church.
(e) The requirements contained within Section 14 herein below have been met
to the Church's sole satisfaction, unless otherwise agreed by the Church in writing.
(f) This transaction is contingent upon approval by the Board of Directors of
the Idaho Conference of Seventh -day Adventists, Inc. It is anticipated that preliminary approval
of the exchange called for hereunder shall be approved by the Board of Directors on our about
April 10, 2005. Such preliminary approval shall be for the concept and terms of the exchange
called for herein and the overall concept of the new church location and site proposal for the HCo
Property. Final approval shall be for the Plans and Specifications as called for herein. Such final
approval shall come either at the last Board meeting before the end of the 90 day period to
develop the Plans and Specifications, or at the first meeting of the Board of Directors following
the 90 day period.
8. Deed Deposits to Escrow Holder; Time for Closing.
(a) Upon removal of all HCo contingencies to the exchange of properties called
hereunder, the Church shall deposit with the Escrow Holder a duly executed and acknowledged
warranty deed conveying the Church Property and all of the Church's right, title and interest in and
to all appurtenances, streets, alleys and rights-of-way adjacent thereto to HCo or its designee subject
only to the Permitted Exceptions, and HCo shall deposit with the Escrow Holder a duly executed
and acknowledged warranty deed conveying the HCo Property and all of the HCo's right, title and
interest in and to all appurtenances, streets, alleys and rights-of-way adjacent thereto to the Church
on or before Closing. The Escrow Holder shall record the warranty deeds when the Escrow Holder
is in a position to deliver such deeds simultaneously and the conditions in Section 6, 7, Section 10
EXCHANGE AGREEMENT FOR REAL PROPERTY - 7
69200\3200\7thDayAdventistChurch\PSA Exchange Agreement bk redline 4-3-05
and Section 11 have been met. The Earnest Money Deposit, including accrued interest thereon, shall
be returned to HCo.
(b) The Closing shall be the date on which the warranty deeds to and from HCo
and the Church, as the case may be, and all other necessary documents, are recorded and any
proceeds of sale are available for disbursement to HCo and/or the Church, as the case may be
("Closing Date"). The Closing shall occur within 14 days after receipt of a Final Certificate of
Occupancy for the HCo Property, and all instruments, documents, and monies, if any, necessary to
complete the sale in accordance with this Agreement shall be deposited with Escrow Holder.
Both deeds shall be exchanged and recorded on the same date consistent with an Internal Revenue
Code Section 1031 simultaneous exchange. HCo shall give the Church written notice as required
under Section 1(b) of the anticipated date of substantial completion of the HCo Property in order
to allow the Church reasonable time to (i) coordinate the Church's move to the HCo Property
including the installation of the Church's furniture and equipment and (ii) prepare to close the
transaction contemplated by this Agreement. 1--A0701.
9. Prorations; Closing Costs; Possession. Rents, taxes and assessments for the year
in which the transaction closes shall be prorated as of the date of closing. Upon Closing, HCo and
the Church shall be entitled to immediate possession of the Church Property and the HCo Property,
respectively. All other costs, including the costs for the owner's policies of title insurance referred to
in Section 5(b), shall be paid by HCo.
10. Section 1445 Affidavit: Prior to the close of Escrow, each party shall deliver to
Escrow Holder for delivery to the other party an affidavit evidencing that party s exemption from
withholding under the Internal Revenue Code Section 1445.
11. Risk of Loss; Insurance; Condemnation. Risk of loss of or damage to the HCo
Property shall be borne by HCo until the date the Church takes occupancy as anticipated under
Section 1 above or closing, whichever events occurs first. Thereafter, the Church shall bear the
risk of loss. In the event of material loss of or damage to the HCo Property prior to the date upon
which the Church assumes the risk, HCo shall restore the HCo Property .according to the Plans
and Specifications and this Agreement shall remain in full force and effect; provided, however,
that the date of closing shall be extended so as to allow HCo time to complete the construction or
reconstruction of the Improvements. If the HCo Property is or becomes the subject of a
condemnation proceeding prior to closing, the Church shall be obligated (unless such
condemnation would render the HCo Property unsuitable for the Church's intended purpose as
described herein) to purchase the HCo Property in accordance with the terms of this Agreement,
with the Church receiving all rights to any condemnation awards, and at closing, HCo shall assign
to the Church all HCo's rights in and to any future condemnation awards or other proceeds
payable or to become payable by reason of any taking (excluding that portion, if any, which HCo
may be required to convey to ACHD as part of any government approvals). HCo agrees to notify
the Church of eminent domain proceedings within five (5) days after HCo learns thereof.
12. Construction of Improvements. Construction of the Improvements shall be done
in substantial compliance with the applicable building codes, laws and regulation in a good,
substantial and workmanlike manner, and all materials used shall be of appropriate quality and
EXCHANGE AGREEMENT FOR REAL PROPERTY - 8
69200\3200\7thDayAdventistChurch\PSA Exchange Agreement bk redline 4-3-05
grade for the use to which they are employed. The contractor, civil engineer and architects, other
than the Church's inspecting architect, shall be hired by HCo for the design and construction of
the Improvements on the HCo Property. The contractor, civil engineer and architect for the design
and construction of the Improvements shall be mutually approved by the Church and HCo, which
approval shall not be unreasonably withheld or delayed. The contractor for the construction of the
improvements on the Church Property shall be selected by HCo. The parties hereto agree to
expend their best efforts to complete those items listed in the Construction Schedule attached
hereto as Exhibit E by the dates set forth therein and to fully cooperate with the other to meet such
deadlines including provision for the installation of the Church's fixtures and other specialty
equipment, which such installation shall be at the Church's sole cost and/or expense and not part
of the Construction Cost. HCo shall cause the contractor to provide, at a minimum, a one (1) year
materials workmanship and construction warranty that is fully assignable to the Church.
13. Commissions: The Church and HCo understand, agree and represent that no
broker or agent was the procuring cause of the transaction contemplated by this Agreement. The
Church and HCo each agree to protect, defend, indemnify and hold harmless the other, their
successors and assigns, from and against any and all obligation, cost, expense and liability,
including, without limitation, all reasonable attorneys' fees and court costs arising out of any claim
for brokerage commission, finder's commission by any person or entity employed or allegedly
employed by such party.
14. Warranty: The parties hereby make the following representations and warranties:
(a) Each party warrants and represents that to the best of its knowledge, no
Hazardous Materials have been produced, released, stored or deposited over, under, or upon its
Property by any person whatsoever. As used herein, the term "Hazardous Materials" shall
collectively refer to underground storage tanks ("USTs'), petroleum and petroleum products,
asbestos, PCBs, ureaformaldehyde and any hazardous or toxic substances, pollutants, contaminants,
wastes or materials as defined under any `Environmental Laws." The term "Environmental Laws"
shall collectively refer to and shall mean any federal, state, regional, county or local governmental
statute, law, regulation, ordinance, order or code or any consent decree, including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA'D, The Toxic Substances Control Act, the Clean Water Act 33 U.S.C. § 1251-1387, the
Resource Conservation and Recovery Act as amended ("RCRA'), or any other similar federal, state
or local law, rule or regulation respecting Hazardous Materials together with all rules and regulations
promulgated thereunder as they exist on the date of Closing, and all amendments as well as any
similar state or local statute or code and replacements of any of the same and rules, regulations,
guidance documents and publications promulgated thereunder.
(b) The warranties, representations, and obligations set forth in this Section 14
shall be deemed to be true and correct as of the Closing Date.
(c) Each party agrees to indemnify, defend and hold harmless the other party
from any and all liability, claims, damages, expenses, judgments, proceedings and causes of action
of any kind whatsoever arising out of or in any way connected with each party's breach of the
warranties and representations set forth in this Section 14.
EXCHANGE AGREEMENT FOR REAL PROPERTY - 9
69200\320017thDayAdvendstChurch\PSA Exchange Agreement bkredline 43-05
15. Successors: This Agreement shall be binding on the heirs, successors, assigns and
personal representatives of the parties hereto.
16. Default and Attorneys Fees: If either party should fail to consummate the
transaction contemplated herein for any reason other than default by the other party, the non -
defaulting party may elect any or all of the following remedies: (i) to enforce specific performance
of this Agreement; (ii) to bring suit for damages related to the default or breach of this Agreement;
or (iii) to pursue any other remedies available at law or in equity. The parties hereto expressly,
agree and acknowledge that the HCo Property and the Church Property are unique. In the event
either parry to this Agreement finds it reasonably necessary to bring an action for default
hereunder or to enforce the terms, conditions, or covenants in this Agreement, the prevailing party
in such action shall be paid by the non -prevailing party an amount equal to any court costs and
attorneys' fees incurred in bringing such action.
17. Notices: All notices given pursuant to this Agreement shall be in writing and shall
be given by personal service, by United States Mail or by United States Express Mail or other
established express delivery service (such as Federal Express), postage or delivery charge prepaid,
return receipt requested, or by facsimile transmission, addressed to the appropriate party at the
address set forth below:
The Church: Idaho Conference of Seventh -day Adventists, Inc.
7777 Fairview Avenue
Boise, Idaho 83704
Attn: Treasurer
Phone: (208) 375-7524
Fax: (208) 375-7526
W/ copy to: Robert Kyte
Skinner Fawcett
515 S. 6a' Street,
P.O. Box 700,
Boise, Idaho 83701-0700
Phone: (208) 345-2663
Fax: (208) 345-2668
HCo: Hawkins Companies LLC
8645 W. Franklin Road
Boise, Idaho 83709
Attention: Tracy V. Vance, Senior Counsel
Fax: (208) 376-8523
Phone: (208) 376-8522
(a) The person and address to which notices are to be given may be changed at
any time by any party upon written notice to the other party. All notices given shall be deemed given
upon receipt;
EXCHANGE AGREEMENT FOR REAL PROPERTY -10
69200\3200\7thDayAdventistChurch\PSA Exchange Agreement bkredline 4-3-05
(b) For the purpose of this Agreement, the term "receipt" shall mean the earlier of
any of the following: (i) the date of delivery of the notice or other document to the address specified
above as shown on the return receipt, (ii) the date of actual receipt of the notice or other document
by the person or entity specified above, (iii) the date of the facsimile confirmation, or (iv) in the case
of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (A) the
date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return
receipt, or (C) the date of receipt of notice of refusal or notice of non-delivery by the sending party.
18. Captions and Headings: The captions and headings in this Agreement are for
reference only and shall not be deemed to define or limit the scope or intent of any of the terms,
covenants, conditions, or agreements contained herein. . , --
19. Entire Agreement: This Agreement contains the entire agreement between the
parties hereto and supersedes all prior agreements, oral or written, with respect to the subject: matter
hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against
any ply.
20. Construction of Agreement: In construing the provisions of this Agreement and
whenever the context so requires, the use of a gender shall include all other genders, the use of the
singular shall include the plural, and the use of the plural shall include the singular. This Agreement
shall be construed and interpreted in accordance with the laws of the State of Idaho.
21. Joint and Several Obligations: In the event any parry hereto is composed of more
than one person, the obligations of said party shall be joint and several.
22. Facsimile; Counterparts: This Agreement may be executed in any number of
counterparts for the convenience of the parties, all of which, when taken together and after
execution by all parties hereto, shall constitute one and the same Agreement. Delivery of an
executed counterpart of a signature page to this Agreement by facsimile transmission shall be as
effective as delivery of an original signed copy.
23. Cooperation With 1031 Exchange: Both parties shall have the right to effect an
exchange which shall qualify for tax deferral under Section 1031 and, in such event, the other party
agrees to cooperate with such exchange. Any additional costs incurred because of the exchange
shall be paid by the exchanging party causing such costs to be incurred.
24. Severability: In the event one or more provisions (or portions thereof) of this
Agreement is determined to be illegal or unenforceable, the remainder of the Agreement shall not be
affected thereby and each remaining provision or portion thereof shall continue to be valid and
effective and shall be enforceable to the fullest extent permitted by law.
25. Assignment. HCo and the Church's rights under this Agreement are not
assignable, by operation of law or otherwise; provided, however, that HCo shall be allowed to
assign its interest under this Agreement to a limited liability company or other entity owned or
controlled by HCo or HCo's Manager.
EXCHANGE AGREEMENT FOR REAL PROPERTY -11
69200\320017thDayAdventistChurch\PSA Exchange Agreement bk redline 4-3-05
26. Survivability: The warranties, representations and agreements set forth in this
Agreement shall constitute continuing warranties and representations, shall be deemed to be true and
correct as of each Closing Date and shall survive the closing of HCo's purchase of the Property from
the Church. Further, any terms or provisions of this Agreement which by its term is intended to be
observed or performed after the closing or the termination hereof, shall survive the closing and
termination hereof.
27. Warranty of Authority: The parties warrant that they have full power and authority
to execute and perform this Agreement.
28. Time of Essence: Time is of the essence of this Agreement and each and every
term, condition, and provision hereof.
ata 29. No Joint Venture: It is not intended by this Agreement to, and nothing contained. in
this Agreement shall, create any partnership, joint venture or other joint or equity type agreement;
between HCo and the Church. No term or provision of this Agreement is intended to be, or shall be,
for the benefit of any person, firm, organization, or corporation not a party hereto, and no such other
person, firm, organization or corporation shall have any right or cause of action hereunder.
30. Recitals: The Recitals first stated above are hereby incorporated herein as if fully set
forth.
31. General. This Agreement may be modified only in writing, signed by the Church
and HCo. Any waivers hereunder must be in writing. No waiver of any right or remedy in the
event of default hereunder shall constitute a waiver of such right or remedy in the event of any
subsequent default.
32. Exhibits. Exhibits A, B, C, D and E are attached hereto and made a part hereof.
Signed effective the later date of the dates set forth below.
HCO: THE CHURCH:
Hawkins Companies LLC, Idaho Conference of
an Idaho limited liability company Seventh -day Adventists, Inc.
an Idaho nonprofit religious corporation
By:
Colby alker
Its: Authorized Representative
Date: 3 �5
Its: S-ecs�-t-�aY
Date:
EXCHANGE AGREEMENT FOR REAL PROPERTY -12
69200\3200\7thDayAdventistChurch\PSA Exchange Agreement bk redline 4-3-05
1*30.11:10
[Legal Description of the HCo Property]
A tract of land in the Southeast Quarter of the Southeast Quarter of Section 4, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Beginning at a point on the section line which bears North 00°17'10" East 653.28 feet from the
section comer common to Sections 3, 4, 9 and 10, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho; thence North 00°17'10" East along the section line, 411.34 feet to a
point; thence North 89°39'20" West 529.54 feet to a steel pin; thence South 00°17'10" West
411.34 feet to a steel pin; thence South 89"39'20" East 529.54 feet to the POINT OF
BEGINNING.
EXCHANGE AGREEMENT FOR REAL PROPERTY -13
69200\3200\7thDayAdventistChurch\PSA Exchange Agreementbkredline 43-05
[Proposed Graphical Depiction of the HCo Property]
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NORTH BLACK CAT ROAD
EXCHANGE AGREEMENT FOR REAL PROPERTY -14
69200\3200\7thDayAdventistChurch\PSA Exchange Agreement bk redline 4-3-05
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[Proposed Graphical Depiction of the HCo Property]
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EXCHANGE AGREEMENT FOR REAL PROPERTY -15
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[Legal Description of the Church Property]
A PORTION OF THE SWl/4SW1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST
OF THE BOISE MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SWl/4SW1/4;
THENCE NORTH 0'19'07" EAST ALONG THE WESTERLY BOUNDARY OF SAID
SWI/4SW1/4 A DISTANCE OF 345.50 FEET;
TIENCE SOUTH 88°38'31" EAST PARALLEL WITH THE SOUTHERLY BOUNDARY SAID
SW1/4SW1/4 A DISTANCE OF 417.50 FEET;
THENCE SOUTH 0° 19'07" WEST PARALLEL WITH THE SAID WESTERELY BOUNDARY
A DISTANCE OF 345.50 FEET TO A POINT ON SAID WOUTHERLY BOUNDARY;
THENCE NORTH 88038'31" WEST A DISTANCE OF 417.50 FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPTING
A PARCEL OF LAND LYING IN THE SW'/4 OF THE SW t/4 OF SECTION 2, T. 3N., R. 1W.,
B.M., ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE BRASS CAP MARKING THE SECTION CORNER COMMON TO
SECTIONS 3, 10, 11 AND THE SAID SECTION 2;
THENCE NORTH 0°19'07" EAST 345.50 FEET ALONG THE WESTERLY BOUNDARY OF
THE SAID SW 1/4- OF SECTION 2, WHICH IS ALSO THE CENTERLINE OF TEN MILE
ROAD, TO AN IRON PIN;
THENCE SOUTH 88°38'31" EAST 317.50 FEET ALONG A LINE NORTHERLY OF AND
PARALLEL WITH THE SOUTHERLY BOUNDARY OF THE SAID SW 1/40F SECTION 2
TO AN IRON PIN, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING;
THENCE CONTINUING SOUTH 88°38'31" EAST 100.00 FEET ALONG A LINE
NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OF THE
SW 1/4 OF SECTION 2 TO A POINT;
THENCE SOUTH 0° 19'07" WEST 50.00 FEET ALONG A LINE EASTERLY OF AND
PARALLEL WITH THE SAID WESTERLY BOUNDARY OF THE SW 1/40F SECTION 2 TO
A POINT;
THENCE NORTH 88°38'31" WEST 100.00 FEET ALONG A LINE NORTHERLY OF AND
PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OF THE SW %4 OF SECTION 2
TO AN IRON PIN;
THENCE NORTH 0°19'07" EAST 50.00 FEET ALONG A LINE EASTERLY OF AND
PARALLEL WITH THE SAID WESTERLY BOUNDARY OF THE SW 1/40F SECTION 2 TO
THE POINT OF BEGINNING.
EXCHANGE AGREEMENT FOR REAL PROPERTY -16
69200\3200\7thDayAdventistChurch\PSA Exchange Agreement bk redline 4-3-05
IMap Or. WhOfe Pofnt 3d1uffmr. Oa (WWW-sP501s•oo" I
¢St AMRit
t 'fes
Mdp Createdr January -20-2005
This Map end dale displayed le ai praphlc mPresenlallon derived
from as
Ade Cowllas QaogtapNe Mfonrtelion 9yslem (al$) data.
0 was designed and Intended for aleif use only;
It Is not guaranteed survey accurrery.
This map Is based on Informa0on ave0able end wee compiled
From numerous sources tvh(ch may not be accurate. Users
are to field verify this Information. Ada County and Regional Geographic
Services, Ina. Are not Mable for enom or omissions
resulting from the use or this product for any purpose.
Copyright 0 2004
Item:
x:11,:
Estimated Construction Schedule
S G (-� F 6 u t, C A -s A -c-T-6qc *5 t�,
EXCHANGE AGREEMENT FOR REAL PROPERTY -18
69200\3200\7thDayAdven6stChurch\PSA Exchange Agreementbkredline 4-3-05
Date:
PRELIMINARY SCHEDULE
SEVENTH DAY ADVENTIST CHURCH
BLACK CAT RD & CHERRY LANE
MERIDIAN, IDAHO
PROJECT SCHEDULE
This project schedule is an estimate based on information acquired from the City of Meridian and
is subject to future timing revisions.
ENTITLEMENT PROCESS
Annexation
Submittal
P& Z Meeting
City Council
Prep & Recording of Ordinance
CONSTRUCTION DOCUMENTS/PERMITS
Submit to Building Dept.
Building Permit Review
Permit Ready
CONSTRUCTION
Authorization to Proceed
Demolition/Site Work
Building Construction
Delivery Date
PTO-
ENTITLEMENT
TO
�4#1)fpllj
7 weeks
4 weeks
3 weeks
8 weeks
0
0
3 weeks
21 weeks
Estimated
Completion
8/25/05
5/13/05
7/7/05
8/4/05
8/25/05
8/12/05
10/7/05
10/10/05
10/31/05
3/27/06
3/28/06
Project Schedule 04/18/05
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SITUATED INC HE SW 1//4 F THE SW ZC SITE PLANF1/4 OF SECTION 2, I. Am IE)EPs m NE 16A E4dn xwlwr plSlati. d O
T3N, R1 W, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO z Evsde rtAnPEs amv+ IERa NE eAsn
2005 — dWP sdiOPOtiLWNNE: 4NRY WYPAAED BY awm 91RRT
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ME FOLLOWNG INFOE3IAPON IS AS PROOIDEO ON CK W a
ALTA 9 WY PPEPMEO BY IDAHO SLNNEY ff10UP, P.C.
DATED Oa/m/05. V F3
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Developer
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Regie, ID 83616
(2(18) 939-2824 PLme
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Planning Depa'►tfne4" ( ,
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
Pajectname: I File- ®S At
Applicant/agent: ;A tcz
All applications are required to contain one copy of the following unless otherwise noted:
Applicant
I
Staff_
N)
-_ Description
_
Completed & signed Administrative Review Application
V-
Narrative fully describing the proposed use of the property, including the following:
-
➢ Information on any previous approvals or requirements for the requested use
�-
i.e., applicable conditions ofapproval or Development Agreement)
-
Recorded warranty deed for the subject property--
-
Affidavit of Legal Interest signed & notarized by the property owner (if owner is a corporation,
submit a copy of the Articles of Inco oration or other evidence to show that the person signing is an authorized agent.)
Scaled vicinity ma showing the location of the subject pwoerty
Irigation Performance Specifications form completed & signed by theapplicant/agent
✓'
I/'
Sanitary Service Company approval for trash enclosure & access drive (stamped site plan)
�l A
A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens
N A
or more see UDC 11-3A-11
Site Plan -4 copies (folded to 8 '/2" x I I" size)
_ ✓ -'.
The following items must be shown on the siteplan:
. Date, scale, north arrow, and project name (scale not less than i"=5o')
-✓
✓.
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
• Parking stalls and drive aisles
✓
v
• Trash enclosures location
• Detail of trash enclosure (must be screened on 3 sides)
`✓ --
• Location and specifications for underground irrigation (Pressurized irrigation can only be
h
waived if you prove no water ri hts exist to subject property)
t%
• Sidewalks or pathways (proposed and existing)
-'� -
(/
• Location of proposed building on lot include dimensions to property lines)
L",
• Fencing (proposed and existing)
• Calculations table including the following:
Number of parking stalls required & provided (specify handicap & compact stalls) ✓
/
v
➢ Building size (sq. ft.) V
l�
➢ . Lot size (sq. ft.) ✓
➢ Setbacks v -
Zoning district ✓
Landscape plan— 3 copies (folded to 8 %" x 11" size)
Plan nnixt have a scale no smaller than I " = 50'(1 " = 20' is preferred) and be on a standard
drawing sheet, not to exceed 36" x 48" (24"a 36" is preferred). A plan which cannot be drawn in
its entirety on a single sheet most be drawn with appropriate match lines on two or more sheets.
The following items must be included on the landscapeplan:
• Date, scale, north arrow, and project name
Y
• Names, addresses, and telephone numbers of the developer and the person and/or
f.
firm preparing the plan
e/
Existing natural features such as canals, creeks, drains, ponds, wetlands,
...
floodplains, high groundwater areas, and rock outerop2ings.
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org
ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All inipactfees,. ifany, shall bepaidplior to the issuance ofa buildingpermit. Ifany changes must he
made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance ofa building permit.
Your building permit will not be issued until ACHD has approved your plans and all associated, fees have been paid
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQUIRED INFORMATION
• Location, size, and species of all existing trees on site with trunks 4 inches or
greater in diameter, measured 6 inches above the ground. Indicate whether the
tree will be retained or removed.
• A statement of how existing healthy trees proposed to be retained will be
protected from damage during construction
✓
• Existing structures, planting areas, light poles, power poles, walls, fences, berms,
parking and loading areas, vehicular drives, trash areas, sidewalks, pathways,
stotmwater detention areas, si s, street furniture, and other man-made elements.
_....__ -
rJ
Existing and proposed contours for all areas steeper than 20% slope. Berms shall
ft
Aft
YP
be shown with one-foot contours,
f'
• Sight Triangles as defined in 11-3A-5 of this ordinance.
-.-_..-.
• Location and labels for all proposed plants, including trees, shrubs, and
groundcovers (trees most not be planted in City water or sewer easements). Scale shown for
-V�
plant materials shall reflect approximate mature size
- -
• A plant list that shows the plant symbol, quantity, botanical name, common name,
minimum planting size and container, and comments (for spacing, staking, and
installation as appropriate).
• Planting and installation details as necessary to ensure conformance with all
required standards.
• Design drawing(s) of all fencing proposed for screening u oses
• Calculations of project components to demonstrate compliance with the
requirements of this ordinance, including:
➢ Number of street trees and lineal feet of street frontage
➢ Width of street buffers (exclusive of right-of-way) t.
-
/
➢ Width of parking lot perimeter landscape strip v
//
➢ Buffer width between different land uses (if applicable)
➢ Number of parking stalls and percent of parking area with internal landscaping
➢ Total number of trees and tree species mix ✓
➢ Mitigation for removal of existing trees, including number of caliper inches
v
being removed
_
Reduction of the landscape plan 8 ''/2" x 1 I"
t/
Building elevations showing construction materials
Fee
✓'I
ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All inipactfees,. ifany, shall bepaidplior to the issuance ofa buildingpermit. Ifany changes must he
made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance ofa building permit.
Your building permit will not be issued until ACHD has approved your plans and all associated, fees have been paid
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQUIRED INFORMATION
_>ht -of- Way& Development Department
Planning Review Division
ACHD
�iorwrwLi�eo��o �w�ccc
December 9, 2005
TO: Hawkins Companies
8645 W. Franklin Rd.
Boise, ID 83709
OWNER: Idaho Conference of Seventh Day Adventists, Inc.
7777 Fairview Ave.
Boise, ID 83704
REP: Roylance & Associates
391 W. State Street
Eagle, ID 83616
SUBJECT: MCZC-05-140
Walgreen's Ten Mile
3150 W. Cherry Lane
On June 8, 2005 the Ada County Highway District acted on MRZ05-008/MCUP05-0029. The conditions
and requirements also apply to MCZC-05-140. I have attached the above mentioned report for your
information.
If the site plan or use should change in the future, ACHD will review the site plan and may require
improvements to the transportation system at that time.
A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building
permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding
impact fees.
Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement
widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACRD.
If you hav an questions, please feel free to contact me at (208) 387-6170.
Sincerely,
Andrew Mentzer
Right -of -Way and Development Services, Planning Division
Cc: Project File, Construction Services, Meridian
CHD
GOlYNWVI'1��10 Jf�WLG
June 14, 2005
To: Hawkins Companies
8645 W. Franklin Road
Boise, ID 83709
Subject: MRZ05-008/MCUP05-0029
Walgreens
3150 W. Cherry Lane
John S. Franden, President
Sherry R. Huber, 1st Vice President
David Bivens, 2nd Vice President
Carol A. McKee, Commissioner
Rebecca W. Arnold, Commissioner
On June 8, 2005, the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at 208-387-6178.
Sincerely,
Christy Richardson
Planning Review Supervisor
Right-of-way & Development Services, Planning Division
CC: Project file, Construction Services, Utilities
City of Meridian
Roylance & Associates
Ed Vance
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Project/File: MRZ05-008/MCUP05-0029/Walgreens
Lead Agency: City of Meridian
Site address: 3150 W. Cherry Lane
Staff Contact: Christy Richardson
Phone: 387-6178
E-mail: crichardson(a_)achd.ada.id.us
Tech Review: May 23, 2005
Commission
Hearing: June 8, 2005
6:30 PM
Consent Agenda
Applicant: Hawkins Companies
8645 W. Franklin Road
Boise, ID 83709
Representative: Roylance & Associates
391 W. State Street, Suite E
Eagle, ID 83616
Right -of -Way & Development Department
Planning Review Division
Application Information:
The applicant is proposing to construct a 14,490 -square foot drug store with drive thru pharmacy and a
future retail pad site. There is a church on the site that exists today.
Acreage: 2.61
Current Zoning: R-4 (Residential)
Proposed Zoning: C -G (Commercial)
Proposed Square Feet: 14,490 -square foot Walgreens, with future retail pad
A. Findings of Fact
Existing Conditions
Site Information: The site is currently used for a church.
2. Description of Adjacent Surrounding Area:
Direction
and Use
Zoning
North
Residential
R-4
South
Commercial/Office
L -O
East
Residential
R-4
West
Medical office
R-4
3. Existing Roadway Improvements Adjacent To and Near the Site
• Cherry Lane is improved to 5 -lanes with curb, gutter and sidewalk on both sides of the roadway.
• Ten Mile Road is improved to 5 -lanes with curb, gutter and sidewalk on both sides of the
roadway. The roadway tapers to 3 -lanes just north of this site.
4. Existing Right -of -Way
• Cherry Lane has 80 -feet total of existing right-of-way.
• Ten Mile Road has 60 to 70 -feet of right-of-way.
5. Existing Access: The church utilizes two driveways, one on Cherry Lane located approximately
200 -feet east of Ten Mile Road, and one on Ten Mile Road approximately 200 -feet north of Cherry
Lane.
6. Site History: The church use was constructed prior to the early 1990's when ACHD began
reviewing development applications.
Development Impacts
Trip Generation: At full build out the site will generate a total driveway volume of 2,145
vehicles per day with a peak hour loading of 285 vehicles per hour. Approximately 48% of the site
traffic volumes will be attracted from the adjacent arterial. At full build out the site will add 1,115
new trips to the regional road network, based on the submitted traffic impact study.
8. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a
building permit. The assessed impact fee will be based on the impact fee
ordinance that is in effect at that time.
9. Impacted Roadways:
Roadway
Frontage
Functional
Traffic Count
Level of
Speed
Nearest
Classification
Service
Limit
Intersection
Cherry Lane
343 -feet
Principal
15,719 on 5-5-04
Better
35 MPH
Signalized at
arterial
e/o of Ten Mile
than C
I
I
Ten Mile
Road
Road
Ten Mile Road
288 -feet
Minor arterial
12,142 on 5-5-04
I
Better
35 MPH
Signalized
n/o Che Lane
than C
10. Capital Improvements Plan/Five Year Work Program
• Ten Mile Road is listed in the current FYWP for construction in 2008, to widen the roadway
from 2 to 5 -lanes from Cherry Lane to Ustick Road.
• Ten Mile Road is listed in the current FYWP for construction in 2007, to widen the roadway
from 2 to 5 -lanes from Franklin Road to Cherry Lane.
• Ten Mile Interchange: The Ten Mile Interchange (proposed) is listed in the COMPASS
Regional Transportation Plan (RTP)
B. Findings for Consideration
Traffic Impact Study
The TIS was submitted by Pat Dobie of Dobie Engineering Inc., for a 14,490 -square foot
pharmacy and a 3,500 -square bank.
Summary
At full buildout the site will produce a total driveway volume of 2,145 vpd with a peak
hour loading of 285 vph. Approximately 48% of the site traffic volume will be
attracted from the adjacent retail. At full buildout the site will add 1,115 new trips to
the regional road network.
The data indicates that the intersection will conform to acceptable service level
standards for a signalized intersection with the addition of the site generated traffic.
•S Neither of the proposed driveways conflict with the left -turn lane requirements.
B• Vehicles entering the site from either Ten Mile Road or Cherry Lane will experience
very little delay and minimal queue stacking during the peak hour periods.
•3 Vehicles exiting the site to Cherry Lane will experience moderate delay.
❖ A separate left -turn lane should be provided with a stacking length for at least 1
vehicle (25 -feet).
A deceleration lane is recommended for the Ten Mile approach.
Current Capacity of the Cherry Lane/Ten Mile Road intersection
Approach
AM LOS
PM LOS
Northbound
C
C
Southbound
C
C
Eastbound
C
C
Westbound
C
C
Intersection
C
C
2015 Intersection CaDacity for Cherry Lane/Ten Mile Road intPrcactinn
Approach
AM LOSO�Avera_ge]PM
Total ADT
LOS
Average
Queue
Northbound
C
1,280
D
250'
Southbound
D
865
D
125'
Eastbound
DC
2,145
85
200'
Westbound
C
1,115 J
D
450'
Intersection
DD
Trip Generation
Land Use
No. Units
Total ADT
AM Tris
PM Trips
Pharmacy
14,500-s . feet
1,280
40
1 125
Bank
3,500-s . feet
865
45
160
Total Traffic
2,145
85
285
New Traffic
1,115 J
45
150
2. Right -of -Way
Policy: District policy requires 96 -feet of right-of-way on minor arterial roadways (Figure 72-
F1 B). This right-of-way width allows for the construction of a 5 -lane roadway with curb,
gutter, 5 -foot wide detached sidewalks and bike lanes. Additional right-of-way is required at
the intersections. Some principal arterials require 120 -feet of right-of-way.
Applicant Proposal: The applicant has not proposed to dedicate any additional right-of-
way.
Staff Recommendation: Additional right-of-way will be necessary on Cherry Lane & Ten
Mile Road for future widening relative to the construction of the Ten Mile Interchange.
• Ten Mile Road: The applicant should dedicate right-of-way to total 54 -feet from
centerline. This will accommodate a future 6 -lane roadway (two -through lanes in
each direction with dual left turn lanes). The applicant cannot be compensated for
this right-of-way through the impact fee program because this segment of Ten Mile
Road is not listed in the current CIP. However, staff recommends that corridor
preservation funds be used to purchase the right-of-way. OR The applicant may
dedicate 48 -feet of right-of-way from centerline and provide a 6 -foot wide easement
for future sidewalk and utility corridor.
• Cherry Lane: The applicant should dedicate an additional 6 -feet of right-of-way from
what is existing. This will accommodate a future 6 -lane roadway (two -through lanes
in each direction with dual left turn lanes). The applicant cannot be compensated for
this right-of-way with impact fees because this segment of Cherry Lane is not listed
in the CIP. However, staff recommends that corridor preservation funds be used to
purchase the right-of-way. OR The applicant may provide a 6 -foot wide easement
for future sidewalk and utility corridor in lieu of dedicating the right-of-way.
3. Roadway Improvements
Staff Recommendation: The roadways are fully improved and no additional improvements
are required, with the exception of future intersection improvements to be constructed by
ACHD, and the decal lane on Ten Mile Road recommended with the submitted TIS.
4. Cherry Lane Driveway
Policy: District policy requires driveways on principal arterials to be located a minimum of
440 -feet from a signalized intersection for full access. Right-in/right-out driveways may be
allowed at 220 -feet from the intersection. Beyond the intersection offsets, driveways are
required to align, or offset a minimum of 150 -feet. All dimensions are measured near -edge
to near -edge.
Applicant Proposal: The applicant is proposing to construct a full access driveway at the
east property line, located 330 -feet east of the signalized intersection at Ten Mile Road, and
60 -feet west of an existing commercial driveway on the south side of Cherry Lane.
Staff Recommendation and Analysis:
When ACHD reviewed the commercial development on the south side of Cherry Lane, it
was not thought that the church site would redevelop. That applicant was allowed to
construct a right-in/right-out driveway located 230 -feet east of the intersection, restricted with
an on-site median, so as not to restrict the church access located approximately 170 -feet
east of Ten Mile Road. That site also constructed a full access driveway located
approximately 150 -feet east of the right-in/right-out driveway. Both driveway locations were
constructed in conformance with District policy. (See aerial map for driveways.)
The applicant is proposing to construct this driveway at the east property line. This location
does not meet any dimensional policy established by ACHD, as it is located closer than 440 -
feet to the intersection, and within 60 -feet of a full access commercial driveway on the south
side of Cherry Lane.
Staff recommends that the applicant construct a right-in/right-out driveway on Cherry Lane
5. Ten Mile Road Driveway
Policy: District policy requires driveways on minor arterials to be located a minimum of 440 -
feet from a signalized intersection for full access. Right-in/right-out driveways may be
allowed at 220 -feet from the intersection. Driveways may be allowed 315 -feet from the
intersection where driveway volumes are less than 1,000 vpd, and where there is no
intervening right-in/right-out driveway. Beyond the intersection offsets, driveways are
required to align, or offset a minimum of 150 -feet. All dimensions are measured near -edge
to near -edge.
Applicant Proposal: The applicant is proposing to construct a full access driveway at the
north property line, located 310 -feet north of the signalized intersection at Cherry Lane, 95 -
feet north of an existing medical office driveway on the west side of Ten Mile Road, and
approximately 70 -feet south of Woodmont Street that intersects the west side of Ten Mile
Road. The applicant's site plan includes the usage of an existing driveway located adjacent
to the north property line of this site. That driveway is for a single family dwelling, and for a
City well lot. Staff spoke with that property owner who indicated that he has not given his
consent for incorporation of his driveway in this site plan.
Staff Recommendation and Analysis:
When ACHD reviewed the office development on the west side of Ten Mile Road, a
driveway was approved located 200 -feet north of Cherry Lane. It was noted with that
approval that a variance was being granted, and that the driveway could be restricted to
right-in/right-out when a signal was installed at Ten Mile and Cherry Lane.
The proposed driveway location does not meet policy under any scenario, relative to offsets
from the signalized intersection and from other streets or driveways. However, the applicant
has requested at least one full access driveway into this site to serve the customer base
north of Cherry Lane. If a full access driveway is not constructed then customers will make
U-turn movements in other locations to access the site. This driveway location has been
reviewed by ACHD Traffic Services staff for full access movements. When compared to the
Cherry Lane driveway, the Ten Mile Road driveway has fewer conflicts and more in -bound
stacking for those entering the site from the north. Staff recommends a modification of
policy to allow a full access driveway on Ten Mile Road, provided that a cross access
agreement is reached with the adjacent property owner (Vance). As with any access point
on a public roadway, ACHD can restrict access in the future for safety reasons.
Staff is also concerned with the driveway being shown on the plans without the consent of
the adjacent property owner. The applicant should provide written documentation from that
owner that provides consent and cross access. If an agreement is not reached with the
adjacent owner, then the driveway will need to be shifted to the south and the applicant will
need to submit revised drawings. The driveway location and function will need to be re-
evaluated under that scenario, and full access would not likely be recommended.
6. Driveway Closure
The applicant should be required to close the unused curb cuts on Cherry Lane and Ten
Mile Road, with matching curb, gutter and sidewalk.
C. Note to City of Meridian
If the applicant does not receive consent from the adjacent property owner on Ten Mile Road to
utilize that property with this application, then this application is not approved. Under that
circumstance the applicant would need to submit a revised site plan and the driveway location
and function (i.e. restricted access vs. full access) would be re-evaluated.
D. Site Specific Conditions of Approval
Dedicate 54 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by
means of a warranty deed. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to issuance of a building permit (or other required
permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all
requested material. The owner will be paid the fair market value of the right-of-way dedicated
which is an addition to existing ACHD right-of-way if the owner submits a letter of application to
the impact fee administrator prior to breaking ground. Compensation will be non -impact fee
eligible.
KO
The applicant may dedicate 48 -feet from centerline and provide a 6 -foot wide sidewalk/utility
easement beyond the 48 -feet.
2. Dedicate 6 -feet of right-of-way from the existing right-of-way line abutting the parcel by means
of a warranty deed. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to issuance of a building permit (or other required
permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all
requested material. The owner will be paid the fair market value of the right-of-way dedicated
which Is an addition to existing ACHD right-of-way if the owner submits a letter of application
prior to breaking ground. Compensation will be non -impact fee eligible.
KLI
The applicant may provide a 6 -foot wide sidewalk/utility easement in lieu of right-of-way.
3. Construct a 24 to 30 -foot wide curb return right-in/right-out driveway on Cherry Lane located at
the west property line. Construct a median in Cherry Lane from Ten Mile Road to a point
approximately 50 -feet east of the driveway. The median should be constructed to restrict this
driveway, but should not interfere with the full access movements of the driveway to the south
and east. The driveway may shift westward, no more than 50 -feet, to provide a larger buffer to
the residence to the east.
Construct a 30 to 35 -foot wide curb return driveway on Ten Mile Road located at the north
property line as proposed; provided that the adjoining property owner (Vance) has agreed to a
portion of the driveway being constructed on his property. Submit written documentation from
that owner for consent and cross access. If an agreement is not reached with the adjacent
owner, then the driveway will need to be shifted to the south and the applicant will need to
submit revised drawings and the driveway location and function will need to be re-evaluated.
5. Close any curb cuts or driveways that have not been approved with this application, with curb,
gutter and sidewalk to match existing improvements.
6. Comply with all Standard Conditions of Approval.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
E. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
Attachments
Vicinity Map
Site Plan
Request for Reconsideration Guidelines
Development Process Checklist
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Request for Reconsideration of Commission Action
Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially carried out, or an action that has created a contractual relationship with third parties.
Only a Commission member who voted with the prevailing side can move for
reconsideration, but the motion may be seconded by any Commissioner and is voted on by
all Commissioners present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no later
than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting
following the meeting at which the action to be reconsidered was taken. Upon receipt of the
request, the Secretary shall cause the same to be placed on the agenda for that next
scheduled regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth
new facts and information not presented at the earlier meeting, or a changed situation that
has developed since the taking of the earlier vote, or information establishing an error of fact
or law in the earlier action. The request may also be supported by oral testimony at the
meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to ACHD
staff for further review. The Commission may set the date of the meeting at which the
matter is to be returned. The Commission shall only take action on the original matter at a
meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
Development Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
❑Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
❑Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part
of a previous development application and that the site specific requirements from the previous development also
apply to this development application.
❑Write a Staff Level report analyzing the Impacts of the development on the transportation system and evaluating
the proposal for its conformance to District Policy.
®Write a Commission Level report analyzing the Impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
❑The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
❑For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development
Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required
by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way,
including, but not limited to, driveway approaches, street Improvements and utilitycuts.
❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER.
Construction (Zone)
❑ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
❑ Working in the ACHD Right -of -Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application"
to ACHD Construction — Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
❑ Sediment & Erosion Submittal
• At least one week prior to setting up a Pre -Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction — Subdivision to be reviewed and approved by the ACHD Drainage
Division.
❑ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being
scheduled.
❑ Final Approval from Development Services
ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con.
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QF IEngineers Surveyors Lan dplannars
391 W Slate Street Suite E Eagle Idaho 63616 "OR) 93g-20240
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PLANNING & ZONING DEPARTMENT
INSPECTION CHECKLIST
COMMERCIAL/CZC SITES
This checklist should be attached to the inside cover of the CZC file at ALL times
Planner/Inspector Name:
Project Name: r r fr 4 CZC Fi]e No
Contractor/Co an Name. < '« T (
Contractor/Company y u Phone No - ,
First Inspection Dater
Second inspection Date:I / i I/
Third Inspection Date: _/ �%- NOTE: - f a third inspection is required, a fee of $60 must be
submitted to the P&ZDept. be ore the inspection is done.)
Landscape Plan Checldist
1. Width of buffer (exclude
detachedsfw widths
2. # of trees
3. Caliper/size of trees
(measure 6-8 inches above
roun
4. Species mix per plan
S. Groundcover (ifseeded,
veri ermination)
6. Right-of-way landscaping
7. Verify no encroachments
(e.g:;fencing, " atking
8 Berming (max.' 2:1 slope;
3.1 i lawn
1. Verify min. 5' b/w curbs
2. Verify min. 50 sq, ft.
3. Plantings per plan
D Exishpgtrees/mitigation
1 Verify existing trees)
"retained
2. Verify mitigation tree(s)
Notes
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Site Plan Cheeldist
2 Rev. 5125105
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Post -Inspection Checklist
* The only instance that a CO may be released prior to 100% completion of improvement is inclement
weather, as determined by the Director. If weather is a factor, follow MCC 12-13-19-2.
Ret. 5.25105
s: ' P<4I,::4rrri l'<t7 �l rft:; ire -I��: rrrunc'ttt Policies