Office Value Remodel CZC 06-038f: Gt��zl�S
PYlG�1G�"yI � a
i1 IDAHO
4903
CERTIFICATE OF ZONING COMPLIANCE*
Date: April 4, 2006
Project Name/Number: Office Value Remodel— CZC-06-038
Owner: Dave Buich
Site Address: 3155 E. Fairview Avenue
Proposed Use: Remodel existing retail building
Zoning:
Comments:
Conditions of Approval: Project is subject to all current City of Meridian ordinances and conditions of
approval for Office Value Remodel (CUP -06-003). The issuance of this permit does not release the applicant
from any previous requirements of the other permits issued for this site.
Site Plan: The Site Plan prepared by BRS Architects, on March 12, 2006, labeled CZC-1, is approved
(stamped "Approved" on April 4, 2006 by the Meridian Planning Department) with the following changes see
redlines on approved plans): 1. Condition 1.4 of CUP -06-003 required that the drive through shall be a
minimum of 20 feet in width for the full length. Widen the proposed drive through lane to meet this
requirement. 2. Eliminate the eastern most parking space along Fairview Avenue and extend the
curbing and landscaping to the full length of the last remaining parking space. Other than the changes
required above, the approved site plan is not to be altered without prior written approval of the Planning
Department.
Landscape Plan: The Landscape Plan prepared by T.A. Whitworth, Architect, on January 4, 2006, labeled A 1-
1, is approved (stamped "Approved" on April 4, 2006 by the Meridian Planning Department) with the
following changes: 1. Add one tree to each landscape planter within the parking lot per UDC 11 -3B -8C2.
Other than the changes required above, the approved landscape plan is not to be altered without prior written
approval of 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 11-313. 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".
Curbing: Per UDC 11-313-5I, 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.
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 11-313.
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 areas must be in compliance with all
federal handicap-accessibility requirements.
ACRD 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 ACHD 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 and Landscape Plan stamped
"Approved" on April 4, 2006, and are not to be altered without prior written approval of the Planning
Department. No significant field changes to the site or landscape plans are permitted; prior written approval of
all changes is required.
G'yh Wilson
sociate 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.
Cori qT rt'�A7y�y .
IDAI JCI
Type of Review Requested (check all that apply)
0 Accessory Use
.0 Alternative Compliance
CikCertificate of Zoning Compliance -
[3 Conditional Use Permit Minor Modification
Design Review
❑ Property Boundary Adjustment
0 ShortPlat
0 Temporary Use Certificate of Zoning Compliance
0 Time Extension (Director)
0 Vacation
0 Other
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
Applicant information
Applicant name:Dave Buich , Phone: 939-8466 .
Applicant address: 3100 Elen Stuart Zip: 93909
Applicant's interest in property: El Own 0 Rent 0 Optioned 0 Other
Owner name: Dave p-iirh Phone: 939-8466 .
Owner address: 2300 Rlen S y^rt Zip: 93909
Agent name (e.g., architect, engineer, developer, representative): $ill Stite
Firm name: BRE Architects Phone: 3367-8370.
Address: 1010 All ante pl . Slii to I;00 zip: 83709
Primary contact is: 0 Applicant 0 Owner R Agent 0 Other
Contact name: Billy E,ay Strite Phone: 33(
E-mail: bill@brsarchitects..ccm, Fax: 36'. 8380
Subject Property Information
Location/street address: 3155 F. F'ai ry e!W Ave
Assessor's parcel number(s): R,g5g5100280
Township, range, section: 3NIE08 Total acreage: 7/
Current land use: VaCan.t Current -zoning district: TL
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 Website: www.meridiancity.orQ
1
Project Description
Project/subdivision name: 'Leasure Valley Business Center #3
General description of proposed project/request: m„ ,-e=cjel Ax; sting Off; ce Value.
e
Proposed zoning district(s): E+Xi Sting
Acres of each zone proposed: _ NIA
Type of use proposed (check all that apply):
❑ Residential 'Commercial ❑ Office ❑ Industrial ❑ Other
A•rnenities provided with this development (if applicable): NIA
Who will own & maintain the pressurized irrigation system in this development? N/A
Which irrigation district does this property lie within? Natuna /Meridian
Residential Project Summary (if applicable)
Number of residential units: NIA 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.f.):
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: One Other lots:
Gross floor area proposed: Existipg — Existing (if applicable): 20, no
Hours of operation (days and hours): 6A -12P Building height: 26
Percentage of site/project devoted to the following:
Landscaping: f 12% Building: ±27Z Paving: ±62%
Total number of employees: N 7A Maximum number of employees at any one time:
Number and ages of students/children (if applicable): Seating capacity:
Total number of parking spacSoprovided: 89 Number of compact spaces provided: 7
Authorization
Print app
Applicant_ .:e
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancim.orQ
2
,Odds*,—
ARCHITECTS
BRS Architects, A.1A
1010 S. Allante Place, Suite 100
Boise, Idaho 83709
Telephone 208 336-8370
Fax 208 336-8380 arch 8, 2006;
BRS:pa�
I Fairview Avenue
- - SITE PLAN
SCALE: t' - 2W.W
NORTH
SITE DATA
ZONE
LI
LOT AREA
74,200 S.F.. / 1.70 ACNES!
BUILDING COVERAGE
20,209 S.F. 27.2%
PAVING
45,582 S.F. 61.5%
LANDSCAPING
PARXING
8 qO9 S.F. 11.3%
(C.9S.F.
no new I-d—pin p..d)
RETAIL
WAREHOUSE
OFFICE
I SPACE PER 2000 S.F.
- 10 SPACES REQUIRED
PARKING PROVIDED
77 STANDARD SPACES
4 ADA COMPLIANT SPACES
1313 S�
VICINITY MAP
SITE KEYNOTES
1. EIOS ANG DECEL LANE/ACMW DO NOT ALTER
2. EXISTING PARKING SPACE DO NOTAL79t
3. PROPOSED CROSS ACCESS PER CITY
REQUIRB43O5
4. DGSIING LANDSCAPING DO NOT ALTER
S. ASPHALT PAVING PATCH AND MATCH GRADE
6. CONCRETE CIRUING
7. PAINTED STRIPING
8. PROPOSED LANDSCAPING PLANTER PROVIDE ONE DICIDUCUS
TREE AND SNUBS TO MATCH NEW LANDSCAPE AT EAST PARCEL
9.PROVIDE 'DIRECTIONAL SIGNAGE! FOR DRIVE THRU.
10.MODIFY EGSING CURBING AND GRADE TO RB37VE OT LANE
ll. LINE OF NEW STOREFRONT.
12. DO NOT ENTER SIGN.
13. EKISTING PROPERTY LINE, DO NOT ALTER.
14.EMPLOYEE ONLY SIGNAGE
15.8--0' PEDESTRIAN WALK
16. REMOVE CURB TO RECEIVE NEW WALK
LEGAL DESCRIPTION
LOT 3, BLOCK 1 (ROS 2086)
TREASURE VALLEY BUSINESS CEMENT MASS 1
MERIDIAN, ADA COIIMY, IDAHO
ADDRESS: 3055 E. FAIMEW AVENUE
1.126 �4- .
ARABIN T5
DA E
3/12/06
DED-
BRS
00 m
05044014
S'EE'
CZC-1
I. LANDSCAPE PLAN
SCALE: P a 70'-0•
...TH a _ _
2. PLANT MATERIAL LEGEND
GENERIC TREE AND SHRUB LISTING
o --,------E-
3.
C.U.P. SUBMITTAL REQUIREMENTS
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meet wd
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C.U.P. SUBMITTAL REQUIREMENTS
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4. SHRUB PLANTING DETAIL 5. DECIDUOUS TREE PLANTING DETAIL 6. EXTRUDED CURB DETAIL
prte Nle lemlLeR POR E•.EGl9�EN.CWIREPB) Nre
7. VICINITY MAP
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SFAlF: 3/33' • 1'-0'
FINISH MATERIAL KEYNOTES D
�.♦,
T TISL
B
1. X FIM ALDMNIM WOREFRONT DOOR/WINDOW SYSTEM WITH ANGOIND SNONIS
COLDW E EXISTIIL MEAN MASS WITS.
}. IN6HED — CN FLASHING WITH —SN.ED FASTENERS.
�bFF3R ET
CGL
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3 BN'
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1 COLON SW6116 •Bd0 TRAY WITH LIGHT WIT SAND FINISH 1EXTUNE.
L BTNC'IWAL SIFM iRAHF - —IT COLON. AKAvIu- Ntt. COLON SWSBB3 -BLE'
S. INSIILAIED HOLLON NEILL OmR WIN FRINIED FRO6H. R Mj DOLNW
mB.
NC -81 'NA STEN
1. SIMLAIEO 81ONE MILNE SThL WKRT BLE-.
WALL TA E PNwiTO MATd OUHDING CWTN I t SM 10 M AFFIMYEO MS
Y
S�
H ix
W
D
TYPICAL SIDE ELEVATION
Lu E
SCAIE: 3/33' • vw
V
LL
LL
20
oRAxN
75
WE
10/14/05
C—D
BNS
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05351
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CU -3
CHD
tiia+wrwv�`eo��o ��i.ce
April 27, 2006
To: Dave Bulch
3100 Glen Stuart
Eagle, ID 83616
Subject: MCZC-06-038
Office Remodel
3155 East Fairview Avenue
John S. Franden, President
Carol A. McKee, 1st Vice President
Dave Bivens, 2nd Vice President
Sherry R. Huber, Commissioner
Rebecca W. Arnold, Commissioner
In response to your request for comment, the Ada County Highway District (ACHD) staff
has reviewed the submitted application and site plan for the item referenced above. It has
been determined that the Right -of -Way and Development Services Department does not
have any site specific requirements for you at this time due to the fact that the proposed
development will:
➢ Generate less than 10 additional vehicle trips per day (VTD) and is not a
change in use.
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.
Prior to final approval you will need to submit plans to the ACHD Development
Review Department.
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 ACHD.
If you have any questions, please feel free to contact me at (208) 387-6174.
S'
relly,
.ems
yan McDaniel
Planner I
Right -of -Way and Development Services
CC: Project file
City of Meridian
BRS Architects
1010 South Allante Place, Suite 100
Boise, ID 83709
County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100
FX 345-7650
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A Pioneer Compaay
PIONEER TITLE COMPANY
OF ADA COUNTY
703 S. Americana, Suite 190 / Boise, Idaho 83702
(208) 373-3744
AOA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 3.00 1
BOISE IDAHO 00/04 04:40 PM
DEPUTY VICIrl RECORDED- Allen
REQUEST OF III ]III ]III 104112580
1041IIIIII'IIIIIIIIIIII
Pioneer
WARRANTY DEED
For Value Received Five Diamond Properties, LLC, an Idaho limited liability
company
hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto
David A. Buieh and Karen L. Buich, husband and wife
hcreinafterrefetred toas Gmnlee, whose current address is .3'ciQ7 A'// Zip ✓-
the following described premises, to-wiL cdl a. ( h Z- (o 1 (n
Lot 3 in Black 1 of the Lot Line Adjus scent Survey, Record of Survey No. 2066,
recorded February 6, 1992 as Instrument No. 920721, official records, which said
Lot 3 is more particularly described as follows;
Lot 3, EXCEPT the West 20 feel thereof, all in Block 1 of Treasure Valley Business Center -
Phase 1, according to the official plat thereof, fled in Book 53 of Plats at pages 4790 thm 7492,
records of Ada County, Idaho.
Tax Parcel R8525100420
To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his beirs
and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor
is the owner in fee simple of said premises; that said premises are free from all encumbrances except current
years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record,
and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims
whatsoever,
Dated: August 31, 2004
Five Di/a/r��]�Dnd�Prapertles, L/L�C�-/ /J J //n
HY: IL-`._.K..D t K--r-P..-u-- By' .I/S,C�fr !Y `
Philip C. Roark, Member Sheryl I. Roark, Molb.r
STATE OF IDAHO, County of Ada, ss
On this 31s1 day ofAugusl, in the year of 2004, before me Janet L. Blosch, a narary public, personally
appeared Philip C. Ramk and Sheryl 1. Roark, (mown or identified to be both of the
member(s)/manager(s) in a limned liability company, of Five Diamond Properties, LLC, an Idaho
limited liability company and the member(s)/rrmnager(s) who subscribed said limited liability company
name to the foregoing instrument, and acknowledged to me that he/she/they executed the same in said
limited liability company name.
Idaho
�pP
JA?V,,,e
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NgTC
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..Ja:
et L. Blo c
?Residing
a9p:�,
tary Public ofldaha
Ty
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at Boise,
P
mmission expires. March 17, 2005
K ;
Idaho
000 c 06 20.05 1:N HP LASERJET FAX
e ■ ■ DEC. 6. 2005 10 LM3 BRS ARCRITECTS
°eY
AFFIDAVIT OF LECrAL INTEREST
STATE OF IDAIIO )
COUNTY O F ADA )
I David Buich 3100 N, Glen Stuart In.
(name) (addtcss)
Eagle, Id. being fust duly sworn upon
83fi16-D0 oath, depose and say:
(city)
(state)
N0. 0021 P. 2
1. That I am the record owner of the property described on The attached, and I grant my pennissioa
to:
SRS Architects 1010 Allante Boise,_ Ed 83909
(name) (address)
to submit the accompanying application pertaining to that property.
21 I agree to indemnify, defend and hold to aty of Meridian and it's etnployocs harmless from
any claim, or liability resulting from any dispute as to the statements contained herein or as to
the ownership of the properim which is the subject of the application.
Datcd this 6th day of December,Zo,/'15-
e)
SUBSCRIBED AND Sv(RM�ylbefore we the
day endycar first above written,
e 40 �pTAA}
r+
ry Public f o
pUBt1G: �p
Residing
My Commission Expires: ff-/7--
3 Rev. 17/03/03
P.1
.41
X
.1
DECLARATION AND GRANT OF
RECIPROCAL EASEMENTS
THIS DECLARATION AND GRANT OF RECIPROCAL EASEMENTS (this
"Grant") is made and entered into effective as of the 13th day of January, 2006, by C &
YAssociates, LLC, an -Idaho limited liability company ("C&Y"), whose address is 4425
W. Desert Hollow Drive, Glendale, Arizona 85310, and David A. Buich and Karen L.
Buich (collectively "Buich"), whose address is 3100 N. Glen Stuart Lane, Eagle, Idaho
83616. C&Y and Buich are collectively referred to herein as the "Owners" and
individually as an "Owner."
Recitals
A. C&Y is the owner of that certain real property more particularly described
in Exhibit A, attached hereto and made a part hereof (the "C&Y Property").
B. Buich is the owner of that certain real property more particularly
described in Exhibit B, attached hereto and made a part hereof (the "Buich Property").
C. The Owners desire to provide for vehicular access across, and cross -
parking between, the C&Y Property and the Buich Property for the use of the owners of
the C&Y Property and the Buich Property, and their tenants, customers and invitees.
Grant of Easement
NOW, THEREFORE, in consideration of the above recitals, which are
incorporated herein, and the mutual covenants and conditions set forth below, and for
other good and valuable consideration, the Owners hereby grant, declare and agree as
follows-,
1. Grant of Easements.
(a) Cross -Access Easements. C&Y hereby grants to Buich a non-
exclusive easement on, over and across a portion of the C&Y Lot, as more particularly
described and/or depicted in Exhibit C, attached hereto and made a part hereof (the
"C&Y Lot Access Easement Area"), for access purposes. Buich hereby grants to C&Y a
non-exclusive easement on, over and across a portion of the Buich Lot, as more
particularly described and/or depicted in Exhibit D, attached hereto and made a part
hereof (the 'Buich Lot Access Easement Area"), for access purposes. The C&Y Lot
Access Easement Area and the Buich Lot Access Easement Area shall be used solely
for: (a) the operation, repair, maintenance and replacement of a paved road surface and
related improvements (collectively, the "Access Improvements"); and (b) vehicular and
pedestrian ingress and egress by the C&Y and Buich, their heirs, successors and
assigns, and their tenants, customers and invitees.
(b) Cross -Parking Easements. C&Y hereby grants to Buich a non-
exclusive easement on, over and across a portion of the C&Y Lot, as more particularly
described and/or depicted in Exhibit C, attached hereto and made a part hereof (the
"C&Y Lot Parking Easement Area"), for parking purposes. Buich hereby grants to C&Y
i
a non-exclusive easement on, over and across a portion of the Buich Lot, as more
particularly described and/or depicted in Exhibit D, attached hereto and made a part
hereof (the "Buich Lot Parking Easement Area"), for parking purposes. The C&Y Lot
Parking Easement Area and the Buich Lot Parking Easement Area shall be used solely
for: (a) the operation, repair, maintenance and replacement of paved parking stalls and
related improvements (collectively, the "Parking Improvements"); and (b) vehicular
parking by the C&Y and Buich, their heirs, successors and assigns, and their tenants,
customers and invitees.
2. . Obligations of Owners. By accepting the benefits of this Grant, the
Owners, for themselves and their heirs, successors and assigns, as covenants running
with the land forever, shall be deemed to have agreed and covenanted as follows:
(a) C&Y shall cause to be constructed, at C&Y's sole expense, any
Access Improvements necessary or appropriate to connect and provide access to and
from the C&Y Lot Access Easement Area to the Buich Lot Access Easement Area,
including, without limitation, the removal of existing curbing and landscaping.
(b) C&Y, and its heirs, successors and assigns, shall maintain, repair
and replace, at their own expense, the Access Improvements located in and on the C&Y
Lot Access Easement Area and the Parking Improvements located in and on the C&Y
Lot Parking Easement Area, except to the extent any repair, maintenance or
replacement is required as a result of the negligence or willful misconduct of Buich, its
tenants, customers and invitees. Buich, and its heirs, successors and assigns, shall
maintain, repair and replace; at their own expense, the Access Improvements located in
and on the Buich Lot Access Easement Area and the Parking Improvements located in
and on the Buich Lot Parking Easement Area, except to the extent any repair,
maintenance or replacement is required as a result of the negligence or willful
misconduct of C&Y, its tenants, customers and invitees.
(c) C&Y, and its heirs, successors and assigns, shall indemnify and
hold Buich, and its heirs, successors and assigns, harmless from any and all loss or
liability, claim, demands, including attorneys fees and costs, relating to any damages or
injuries to persons or property arising from or in any way related to the use of the Buich
Lot Access Easement Area or the Buich Lot Parking Easement Area by C&Y, its heirs,
successors and assigns, and their tenants, customers and invitees. Buich, and its heirs,
successors and assigns, shall indemnify and hold C&Y, and its heirs, successors and
assigns, harmless from any and all loss or liability, claim, demands, including attorneys
fees and costs, relating to any damages or injuries to persons or property arising from or
in any way related to the use of the C&Y Lot Access Easement Area or the C&Y Lot
Parking Easement Area by Buich, and its heirs, successors and assigns, and their
tenants, customers and invitees.
(d) Prior to use of the easements granted under this Grant, the
Owners shall each obtain at their own cost and expense, and thereafter throughout the
term of this Grant maintain in full force and effect, commercial general liability insurance
covering the Access Easement Areas and Parking Easement Areas in an amount not
less than One Million Dollars ($1,000,000) per occurrence, and shall name the other
Owner as additional insureds and cause the insurance carrier to furnish the other Owner
with a certificate of insurance or other suitable evidence of such coverage. The
insurance required to be maintained under this subparagraph (d) may be provided under
a blanket policy, provided that such policy otherwise complies with the terms hereof.
3. Alteration and/or Relocation of Improvements. An Owner may not -
modify, change, move, maintain, replace or otherwise deal with the Access
Improvements or the Parking Improvements without the prior written consent of the
other Owner.
4. Termination of Easements. The easements granted under this Grant (the
"Easements") are permanent and perpetual easements which shall run with the land
forever; provided, however, that the right of the Owners, and their heirs, successors and
assigns, to use the Easements is subject to the agreements, covenants and obligations
of the Owners under this Grant. If either Owner; or its heirs, successors and assigns,
-default in the performance of its respective obligations under this Grant and such default
continues for more than sixty (60) days after written notification of the default, the non-
defaulting Owner may, at its option and in addition to any other available remedies, elect
in writing to suspend the rights of the defaulting Owner to use the Easements during any
period while the defaulting Owner remains in default of its obligations hereunder. The
perpetual rights of ingress and egress over and across the easement established under
this Section may not be terminated or extinguished without theprior written consent of
the City of Meridian. An Owner must provide the City of Meridian with at least sixty (60)
days written notice prior to any modification or termination of this Grant. The Owners
acknowledges that this Grant may be required for the approval of projects on the C&Y
Lot or the Buich Lot, and that the termination of the easement granted under this Grant
may result in the City of Meridian's revocation of such approval.
5. No Public. Dedication. The Easements are private, non-exclusive
easements and nothing herein is intended as a public dedication of the Easement
Areas. Notwithstanding anything to the contrary contained herein, the Owners, and their
respective heirs, successors and assigns, may take such actions as they may mutually
agree are necessary to prevent a public dedication of the Easement Areas (or any
portion thereof) including, without limitation, the temporary closure of the Easement
Areas to through traffic.
6. Entire Agreement. This Grant shall constitute the entire agreement with
respect to the subject matter hereof and any prior understanding or representation of
any kind preceding the date of this Grant shall not be binding except to the extent
incorporated in this Grant.
7. Modification of Agreement. Any modification of this Grant or additional
obligation assumed'by either Owner in connection with this Grant shall be binding only if
evidenced in writing signed by both Owners.
8. Attorneys' Fees. In the event of any controversy, claim or action being
filed or instituted to enforce the terms and conditions of this Grant or arising from the
breach of any provision hereof, the prevailing party will be entitled to receive from the
other party all costs, damages, and expenses, including reasonable attorneys' fees,
incurred by the prevailing party, whether or not such controversy or claim is litigated or
STATE OF IDAHO )
) ss.
County of Ada )
On thisdf1ily of March, 2006, before me, a Notary Public in and for the $tete
of Ids o, grsonally q earp� Plyid A. Buiqh ail I�arQfi L. Buick, i�nAwn, q{ I,f�ftlltl(ieC� ip
TO
tp�e �oe perSRn 1 psq name gre supggrj00d to the within in§trgMept, qnq
�Ci<nRlryledged to meth t they eW¢cHjpd the same.
IT[Tgppj � OF, I have her nto set my hand qnd affixed mly {�fidgI
sIhq y and,. fir' fja (OF,
written.
Residing at: l /��/ OL
My commission expires:l/
et
EXHIBIT A
,fir Legal description of C&Y Lot
ION `°
EXHIBIT B
Legal description of Buich Lot
STATE OF Arizona )
) ss.
County of Maricopa )
On this r day of March, 2006, before me, a Notary Public in and for the State
of Arizona, personally appeared Mark Chang, known or identified tp me to be the
persons whose names are subscribed to the within instrument, and acknowledged to me
that they executed the same.
IN WITNESS WHEREOF, I have hereph o set my hand and affixed my official
seal the day and year first above written.
1
F
Notary Piiblic for Arizona l/
Residing at acv(� �x-
My commission expires:
.16
DONNATARANTO
Notary Public - Arizona
LE
Maricopa County
My Commission Expires
,lune 22, 2008
prosecuted to judgment. The prevailing party will be that party who was awarded
judgment as a result of trial or arbitration, or who receives a payment of money from the
other party in settlement of claims asserted by that party.
9. Governing Law: It is agreed that this Grant shall be governed by
construed, and enforced in accordance with the laws of the State of Idaho.
[end of text]
IN WITNESS. WHEREOF, the undersigned have executed this Grant effective as
of the date first above written.
C&Y:
C&Y Associates, LLC, an Idaho limited
liability company
/'
By: b
Mark Ch g, Manager
Buich:
By: Jam'
avid A. Buich
t
By:
karma L. Buich
EXHIBIT C
Legal Description and/or Depiction of
C&Y Lot Access Easement Area and C&Y Lot Parking Easement Area
The Westerly 16'-0" of Lot 2, Block 1, NBC Sub. 1, commencing 35'-0" South of the
Northerly boundary and proceeding South a distance of 205'-0"
FAIRVIEW AVENUE
SITE EMBITPL
VICINITY NAP
LEGAL DESCRIPTION
Easement - 10
DADAVEV-DO_NOT-ENTERVWA CLIENTSICHANGIFAIRVIEW & EAGLEIEASEMENT-CROSSACCESSIDECLARATION OF EASEMENTS (FINAL-FEB17-06).DOC
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Mil
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In -Line Retail
Denny's
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SITE EMBITPL
VICINITY NAP
LEGAL DESCRIPTION
Easement - 10
DADAVEV-DO_NOT-ENTERVWA CLIENTSICHANGIFAIRVIEW & EAGLEIEASEMENT-CROSSACCESSIDECLARATION OF EASEMENTS (FINAL-FEB17-06).DOC
EXHIBIT D
Legal Description and/or Depiction of
Buich Lot Access Easement Area and Buich Lot Parking Easement Area
The Easterly 30'-0" of Lot 3, Block 1, TVBC Sub. 1, commencing 35'-0" South of the
Northerly boundary and proceeding South a distance of 205'-0".
FairvIm Avenue
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` C�CITY OF
rl�icn
11 A 33 E. Idaho Ave.
\\� Meridian, ID 83642
Date /6 D
Applicant
Address.
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Phone
CA C CK it D Sri 9NN�ME ON CHE K IF DIFFERENT THAN APPLICANT
q,) -9
DESCRIPTION
QUAN
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PAYMENT
DOES NOT INDICATE ACCEPTANCE APPLICATION
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7559 Received
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The applicant shall comply with all conditions of approval for Treasure Valley Business Center! �.
Phase I, and Treasure Valley Business Center #3 (CUP -02-036 & PP -02-024) as part of the
subject Conditional Use Permit (CUP -06-003). The Site Plan labeled as CU -1, prepared by BRS
Architects, dated October 26, 2005 is approved, with the conditions listed herein.
The proposed seven narking spaces at the east end of the building shall be reserved for employees
only and shall have a sign which reads `Employees OnW' placed in each stall
Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall submit
a copy of a recorded cross-access/cross-parking agreement with the property owner to the east.
1.4 The Site and Landscape Plan labeled as CU -1, prepared by BRS Architects, dated October Z6,
2005 is approved with the following modifications/notes:
•
The drive-tbru lane shall be increased in width to a minimum 20 feet for its
entire
length.
•
A planter island which complies with UDC 11 -3B -6C2 shall be placed at the eastern
end of the row of parking adjacent to the entrance to the drive- thin at the southeast
corner of the building.
•
A continuous pedestrian walkway that is a minimum of eight feet in width be
shall
provided from the perimeter sidewalk to the main building entrance. The walkway
be distinguished
shall also from the vehicular driving surface through the use of
pavers, brick, or colored/scored concrete.
•
UDC 11 -3B -5H requires all landscape areas to be at least 70% covered with
vegetation at maturity, with mulch used under and around the plants. Provide
landscape materials within all landscape areas, including Fairview Avenue, consistent
with UDC 11-3B.
•
N
UDC 11 -3B -8C2 requires that all parking lot landscape islands contain at least one
L1
tree and vegetative groundcover and/or shrubs. Modify the' landscape plan as
necessary to ensure compliance with this requirement.
•
UDC 11-3B-6 requires that a five foot perimeter landscape strip shall be required
along to all vehicular use areas which are adjacent to an interior lot line, containing 1
tree 35 feet
per and vegetative groundcover and/or shrubs. Modify the landscape
plan as necessary to ensure compliance with this requirement.
•
A written certificate of completion shall be prepared by the landscape
architect,
designer, or qualified nurseryman responsible for the landscape plan and submitted
prior to occupancy of the building. All standards of installation shall apply as listed
in UDC 11-3B-14.
Submit a landscape plan, reflecting the changes/notes mentioned above, with the
Certificate of Zoning Compliance application.
�1.5 This project complies with the Design Review requirements of UDC 11-3A-19. The building
Lo M4 1-Y elevations prepared by BRS Architects, dated January 3, 2006 are approved.
1.6 To ensure that all of the conditions of approval for CUP -06-003 are complied with, the applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC) permit, and occupancy,
✓ from the Planning Department prior to operation. NOTE: Any future tenant(s) in the retail portion
of the subject building shall not be required to obtain CUP approval, unless required by the UDC.
Exhibit B
No signs are approved with this CUP appl
permit in compliance with the sign ordinance.
1.9 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
✓ with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
2.1 All Public Works concerns have already been addressed in the civil plan review for the buildi
plans on this lot. ng
3. FIRE DEPARTMENT
1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 /" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
2. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3. Provide a 20 -foot wide Fire Lane for all internal roadways all roadways 'shall be marked in
accordance with Appendix D Section D103.6 Signs.
4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping.
5. Commercial and office occupancies will require a fire -flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
6. Maintain a separation of 5' from the building to the dumpster enclosure.
7. All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
8. Provide exterior egress lighting as required by the International Building & Fire Codes.
9. Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
(183 m).
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
Exhibit B