Dutch Brothers Majestic CZC 06-189them
CITY OF -
crididn - TTVED
ti iDAHo JAN 19 2007
�c
FR 44 TREASUREvn'"81NCE Cary Of Meridian
19� City Clerk- Office
CERTIFICATE OF ZONING COMPLIANCE*
Date: January 18 2007
Project Name/Number: Dutch Brothers Majestic— CZC-06-189
Owner: Kevin Kni-ghton
Applicant: Raudman & Y
Site Address: 2170 E. Overland Road
Proposed Use: Espresso stand
Zoning: C -G (General Retail & Service Commercial District)
Comments:
Conditions of Approval: Project is subject to all current City of Meridian ordinances and preliminary plat (PP -
04 -042) and final plat (FP -05-014). The issuance of this CZC does not release the applicant from any previous
requirements of the other permits issued for this site. NOTE: This is not a Building Permit. Prior to any
construction you shall contact the Building Department at (208) 887-2211 to verify if any additional permits
and/or inspections will be required by the Building Department.
Landscaping: The Landscape/Site Plan prepared by Patrick McKeegan Architects, on October 5, 2006, labeled
Sheet Al. 1, is approved (stamped "Approved" on January 18, 2007 by the Meridian Planning Department)
with no changes. The approved Landscape/Site 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. Prior to final inspection and sign off for this project, a written certificate of completion
shall be submitted to the Planning Department, prepared by a 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.
Elevations: The Elevations prepared by Patrick McKeegan Architects 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 11-313-10, 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 accessible. See redline parking changes on the site plan.
Curbing: 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.
LiLighting: 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 areas 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 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. All changes in occupancy need to comply with the requirements of the Building Department. It is
unlawful to use or occupy any building or structure until the Building Official has issued a certificate of
occupancy. A certificate of occupancy or temporary certificate of occupancy is obtained from the Building
Department (208) 887-2211 after inspections are complete and the field inspection record is returned to the
Building Department.
Plan Modifications: The approved Landscape/Site Plan stamped "Approved" on January 18, 2007, and
Elevations, and are not to be altered without prior written approval ofthe Planning Department. No significant
field changes to the site or landscape plans are permitted; prior written approval of all changes is required.
Vl6itl,d.2 ZJ&3&t.4AL,,
Sonya W tters
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.
f
ry�city OF N�
Planning Department
i ADMINISTRATIVE REVIEW APPLICATION
..�.�'R`�'iscllf; t,,Uj5r'"'• X11 1�i .t�_ , py �'!1,,w��
C: lia 21��`�
Type of Review Requested (check all that apply)
❑ Accessory Use
Alternative Compliance
Certificate of Zoning Compliance
❑ Conditional Use Permit Minor Modification
❑ Design Review
❑ Private Street
❑ Property Boundary Adjustment
❑ Short Plat
❑ Temporary Use Certificate of Zoning Compliance
❑ Time Extension (Director)
❑ Vacation
❑ Other
Applicant Information
Applicant name: 4 u b M ems/ U- n Phone: t(o T
Applicant address: r175 h1 C"EV�V'K �� KEN Zip: ���roziy
Applicant's interest in property: ❑ Own ❑ Rent Optioned ❑ Other
Owner name: kf V l d VA (LI M -M W 04 , r
Owner address: '11'51 W SIV
Phone:
Agent name (e.g., architect, engineer, developer, representative):
Firm name: pQr'(-k Me, kPtXg�^� . AlkK (TPC Phone:
Address: tM (O VJ OVwivi6 ^ $-t� Sr:p,- Z��j I�,Dl S fF Zip:
Primary contact is: ❑ Applicant ❑ Owner D(Agent ❑ Other
Contact name:
Phone:
E-mail: Fax: LAZ�1'66-09-
Subject Property Information
Location/street address: 7-1-1-0 1~ o v rG P- -k N T>
Assessor's parcel number(s): I=-1 or I' -I. � to
Township, range, section: 'i N IV__ 1-3Total acreage:
Current land use: '(liMrfir tf" n Current zoning district:
h
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
I (Rev. 9/21/06)
Project Description
Project/subdivision name: bkLl" F?l!�! S A/�d s T1
General description of proposed project/request: 47'11*' $S'H00-15 o "-TA N1>
Proposed zoning district(s): L
Acres of each zone proposed: ,
Type of use proposed (check all that apply):
❑ Residential V Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable): /" 1 oekA 1,
Who will own & maintain the pressurized irrigation system in this development? V-W/Vt V_
Which irrigation district does this property lie within?
Primary irrigation source: Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): S
Residential Project Summary (if a
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:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f):
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of useable open space:
2 or more Bedrooms:
Proposed building height:
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys):
Acreage of 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: I Other lots:
Gross floor area proposed:
Existing (if applicable): -19'
n
Hours of operation (days and hours): A S— 'r S : 3� &Ak 1 o% a n 0.43uilding height: VU" (o
r -;s 5 : P-00 -- Il : aco Pi`1
Percentage of site/project devoted to the following:
Landscaping: `� % Building: 7,10 Paving: 5 4 [�
Total number of employees: Maximum number of employees at any one time: _Z -
Number
Number and ages of students/children (if applicable): �) Seating capacity:
Total number of parking spaces provided: L— Number of compact spaces provided: -G"
i n+hnri7atinn
Print applicant name:
Applicant signature: Date: l �l
660 E. rtower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-55 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
Patrick
McKeegan
Architects
4696 Overland, Road, Ste 274
PO Box 5845, Boise, ID 83705-0845
208.424.8608 Fax 208.424.8609
www.mckeeganarch.com
Meridian Planning Department
660 E. Watertower, Suite 202
Meridian, ID 83642
RE: 2170 E Overland, Dutch Bros. Majestic 206103
To whom it may concern,
We are applying for a certificate of zoning for a'Dutch Bros.' drive -up espresso stand. The stand
is an allowed use in the zone.
The coffee stand is a 377 SF building w/ 2 stacking lanes going in opposite directions and room
for an escape lane on the north side. We have worked closely w/ Dutch Bros. and Meridian Planning to
make sure that the traffic flows smoothly through the site. The landscaping and site design conform to the
Meridian City UDC, and we have gotten approval of the CMU trash enclosure location and design from
SSC.
The building is of stick frame construction with a blue and gray colored stucco exterior finish.
Windows are white vinyl and the door is white hollow metal. The roof is a combination flat roof w/
screened parapet walls and pitched roof w/ blue standing seam metal roofing. The only menu sign is
attached to the building and there are no speakers or pre -order boards.
Thank you for considering this application, and we look forward to hearing from you.
?atrickgan AIA
itect
10
a:',--
-. s
ADA COUNTY RECORDER J. DAVID RAVARRO AMOUNT 0.00 7
SOME IDAHO 11103104.04:54 PO
?...; DEPUTY JoanatHaopu III Iillilllllllllilllililllllilllllli
EL'111 RECORDED -REQUEST OF 104140643
title of Boise~
11111d 1`1111 Company
WARRANTY DEED
For Value Received Howell Overland Road Properties LLC, an Idaho Limited Liability
Company
the Grantor, hereby grants, bargains, sells, conveys and warrants unto
Boise Valley Commons LLC, an Idaho Limited Liability Company,
the Grantee, whose current address is 4751 N. Trotter Lane, Star, ID 83669
the following described premises, to wit:
See "Exhibit A" attached hereto
Parcel Number:
SUBJECT TO: Current General Taxes, a lien in the process of assessments, not yet due
or payable. Easements, restrictions, reservations, provisions of record, and assessments, if any.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said
Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with
the said Grantee, that it is the owner in fee simple of said premises, that said premises are free
from all encumbrances and that he will warrant and defend the same from all lawful claims
covered by this warranty.
Dated this 2nd day of November, 2004
Howell Overland Road Properties LLC
By
Willard W. Howell
Managing Member
STATE OF Idaho
) ss.
COUNTY OF Ada )
On this 81Co— day o , before me, the undersigned, a Notary
Public, in and for said State, personally appeared Willard W. Howell known to Inc, on the basis
of satisfactory evidence, to be the Managing Member of the Limited Liability Company that
executed the instrument and the foregoing instrument was signed on behalf of said company by
authority of consent of its members an,"eknowledged to me that he/she/they executed the same.
WII SS Y HAND AN OFFI CL SEAL. .01 JsT
.`1}p4
ublic:
a= %0TARY +
My commission expire
yO.TF.OF lOP•�,
StmartTidcorBoise, Inc. Renumbm. 4029556JWJD5
Wamnty Dccd - LLC
Pagc 1 of 2
LEGAL DESCRIPTION
Order Number: 04029556
A TRACT OF LAND SITUATED IN A PORTION OF THE SOUTHEAST ONE
QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 17, TOWNSHIP
3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA
COUNTY, IDAHO, DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTHWEST CORNER
OF SAID SECTION 17, THENCE FOLLOWING THE SOUTHERLY LINE OF
SAID SECTION 17 AND THE CENTERLINE OF EAST OVERLAND ROAD,
SOUTH 89°52'19" EAST A DISTANCE OF 2,656.42 FEET TO A FOUND BRASS
CAP MONUMENTING THE SOUTH ONE QUARTER CORNER OF SAID
SECTION 17; THENCE LEAVING SAID SOUTHERLY SECTION LINE
AND SAID CENTERLINE
NORTH 00°24'58" EAST A DISTANCE OF 45.00 FEET TO A SET 5/8 -INCH
STEEL PIN ON THE NORTHERLY RIGHT-OF-WAY OF EAST OVERLAND
ROAD AND THE POINT OF BEGINNING. THENCE FOLLOWING SAID
NORTHERLY RIGHT -OP -WAY
NORTH 89'52119" WEST A DISTANCE OF 1,328.18 FEET TO A SET 5/8 -INCH
STEEL PIN; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY
NORTH 00°28'00" EAST A DISTANCE OF 1,017.14 FEET TO A FOUND 5/8 -INCH
STEEL PIN ON THE SOUTHERLY RIGHT -OF -STAY OF INTERSTATE 84;
THENCE FOLLOWING SAID SOUTHERLY RIGHT -OP -WAY, 1285.55 FEET
ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, SAID
CURVE HAVING A RADIUS OF 9,659.30 FEET, A CENTRAL ANGLE OF
07.3713210, A CHORD BEARING OF NORTH 83-08143" EAST
AND A CHORD DISTANCE OF 1,284.61 FEET TO A FOUND STATE
OF IDAHO HIGHWAY MONUMENT= THENCE FOLLOWING SAID SOUTHERLY
RIGHT-OF-WAY
NORTH 81033139" EAST A DISTANCE OF 53.62 PEET TO A FOUND 5/8 -INCH
STEEL PIN; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY,
SOUTH 00.24'58" WEST A DISTANCE OF 1,181.30 FEET TO THE POINT OF
BEGINNING.
ARTICLES OF ORGANIZATION FILED FFECTIVE
LIMITED LIABILITY COMPANY
04 APRT PM :
(Instructions on back of application)
SECRETARY OF STAT
1. The name of the limited liability company is: STATE OF IDAHO
Boise Valley Commons, LLC
2. The street address of the initial registered office is:
3642 S. Findley Ave., Boise, Idaho 83705
and the name of the initial registered agent at the above address is:
Kevin C. Knighton
3. The mailing address for future correspondence is:
3642 S. Findley Ave., Boise, Idaho 83705
4. Management of the limited liability company will be vested in:
Manager(s)❑ or Members) ❑ (please check the appropriate box)
5. If management is to be vested in one or more manager(s), list the name(s) and
address(es) of at least one initial manager. If management is to be vested in the
member(s), list the name(s) and address(es) of at least one initial member.
Name
Address
Kevin C. Knighton 3642 S. Findley Ave.
Boise, Idaho 83705
r
6. Signature of pt lea ertresponsible for forming the limited liability company:
Signature: Secretary of State use only
Typed Na e: Kevin C. iq ton
Capacity: Manager
Signature
Typed Name:
Capacity:
11
IUM 9EOVARY OF STATE
04/27/2694 85 m ®0
M 45155 CT: 2126 Ni 741766
1 B 18LU a 160.11 ORM LLC I i
Lj !!� () ). 13
OCT -109-200.-6: 09--.09PM Mt i v:
2094249609 P.02
STATU.'tela' IMAR.0
COUNTY OF, ALOA)
Aga
(Pity)
being first duly sworn UPOn, Oath,. (10P000.411d SaY: '
That I am the MOM ownerof the property dosctibcd on the atte4hod, and I grant my
p Aissionto:
Q .
to subrait4he..'socompom APPII".Ion0 0),pY
W
2 !-a res toIndemu* de epity
fromany 0* t tied:
m:VT dbpuft: as '01:
hwellp orssto*tbe owners :ofthe'Prop application..
wWtvblithe s4bjccVb'f thcopp
P
1 hereb Itsi :to 07 It end, u
y Sradtpsm tow , ly of"M 'I linita 10:00tat tfid's bjgict Prop6rty.f6f the.
Purpoxe; of )RIte .1hopectrons, rolatb&w
Dated this dAy 20� �.
•
STUTEOFIDAHO
-SU'jte202.,.* 1`iten0antmldPh6:,.83642:':
Phone: (208) $44.5533. v V'0bs4c::"Wim*rl lawltyorg,
far -PI ov
Ada Corm[y
4ssessor
LEGEND
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r= .
r
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I a
LOT 3
I
2 I'
�IMi
I�
ItiI
8Iv
� A iD PO07 PLBut U7NTE ORANA4LL AID 011' 11119 EASEIADIT 61101M Uf1M-11m ro TILE tm OF tIWaAN PUS1C-
g
m �
W ENT
m Yams PEPARtI1ENr AOL1C01T ro AND PARALLEL wN ALL ROAD awr-a-WArs Mtss srowrl oBET,wsE
II
11 2r!27-1
i
3 A 15' MANALf EASLIENT LYING IIIRN LOT 2 OF BtITOI J AND PARALLB. 70 E OImAIR ROM 5 &SERVED FOR THE OVERS
I I
DESTINATION PLACE SUBDIVISION
A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17,
TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOiSE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO.
2005
N81'33'39 E
N81J912:�r
53.32'
1��•
1. LIE' RAOVS flR O.RIES p.CJ-06 PIAS BFDI FOVYETY.T RELOLOFD AS %SAJO OY /ECUs) BF 9NyEY RD, 2811.
5/8' REBAR
I
IS 8793 CAP
NEW AOR STORM
I
DRAINAGE EASEMENT Y
I
I
I
2 I'
I LOT 12
I�
ItiI
I
LOT 13
� A iD PO07 PLBut U7NTE ORANA4LL AID 011' 11119 EASEIADIT 61101M Uf1M-11m ro TILE tm OF tIWaAN PUS1C-
r t
I I
I^
I 58971'39'
1
II
, . CURVE TABLE NOTE
14216'
I
I
I
I
1. LIE' RAOVS flR O.RIES p.CJ-06 PIAS BFDI FOVYETY.T RELOLOFD AS %SAJO OY /ECUs) BF 9NyEY RD, 2811.
I
I
GENERAL NOTES
I
I
1.I P171C.i/1W NAS PRONGED FROM TLE.W LEI NRN BEO x COIWINAM RICO DUDE
I
I
3
!IAT COOR AM'G
NCO OW4 LOTS DOE IWS L ITINE IGAIRIE
I BE 9.®M9O1 ILL !E ENURED TO (MD(d1RY/ WA LER ROBS•AIA CULL
FR
I LOT 12
MWAIDERE
STENTS
I BE OBIALIIm FOR ASSES9ENIS fR011 LIE NAIPA-YERRIAN L0N,A7109 L1SR8CL
-MER
l 7-0 -
I��
� A iD PO07 PLBut U7NTE ORANA4LL AID 011' 11119 EASEIADIT 61101M Uf1M-11m ro TILE tm OF tIWaAN PUS1C-
I
I^
W ENT
m Yams PEPARtI1ENr AOL1C01T ro AND PARALLEL wN ALL ROAD awr-a-WArs Mtss srowrl oBET,wsE
I
3 A 15' MANALf EASLIENT LYING IIIRN LOT 2 OF BtITOI J AND PARALLB. 70 E OImAIR ROM 5 &SERVED FOR THE OVERS
ASSOCIATION FOR THE MMIDUNE LT AN FAISIPA STORM DRAPIAGE PERE IPPFSS SMLM LESPONSWTY HAS BEIM ASSLIMM BY
13 THE Ory 6 IOWAN PUSJC Nam$ DEPAR7NVlT
T~
I 1 ALL LOTS N IMS SBDI6DR ARE SA'AECr TO CO%fxAm AND RI SIRICIBYS TO BE RECORDED N ADA COUNTY, RANK
IO' LANDSCAPE BUFTFR
I O W CONOPYEtlLy WM 71E RE(YlEWIG CE' S.®M9OI PLAT.
I $ 5 CFRPS PEAT $MNL CCYPEY WN VE APRArANF ZUWC MVAATANS N E77EC'r Ar INE TBE or TLE
I
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Q
5897179' 215.1(
2 E BUILDING WIRAO6 AND DIMENSIONAL SIAWARDS N 116 SIMMIGN 91ALL LE N (OIF[IANff MM RE APPLICABLE ZONING
r '
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T BE OMIEN IF EARN Lor. ACR= M/ON PAM AN a6YCAIM/ RAINA E DTUC W AFF., 6 REwa/99E FOR BE
,g_
rl MANTFNN/S WNW WESS 9IDN REWORSIB /TY HAS BEEN ASMIED BY AN WWCAUOi/MNNAW DISTRICT.
f0' LANDSCAPE BUFFER I
a PCBOTTOM ELEVAIION Or S7RUCIURAL F001MS 901U.LE SETT A INMN OF I2-NIDE$ ABODE DIE NOESr ESTAWIM
I
NORMAL MIND NATER ESEVADON.
BLOCK 2 I
A Ni. LOTS MERIDIAN
LL W U Lj 116 CA RN9AM ARE 9.BECT ro EROS ACU:A EA9N0114 Lay L06 ATE *W ACCESS
Atm OFFS E L T Or COLIED' ro RIDS: Lor oASOJE TAXING ACCESS FROM
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EA9.EAn NE
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lT INGRESS AIA EYlE]S OIER REE OEWMSED ACCESS EASEMENT. SAID,
LOT 2
Ir
Na /174 MALL vim
P1D7ESs/£pES EASEMENT 91ALL RtN WM NE RAID AND GOH LAID OMBR WDYN DNS SBBMIN NAS AN LPtlNOm
AN
I
NnTEST WTNN SAID EASEL NE SVD LOT 914, LE ONIED AND LLW1. BY AIR FUR RE USE or DCE ASSXEARLN
1 " B6 SB7M9CN. SW GUILE'S ASSOCIATION SHALL HOF BE OSSLMVED MRROT INE VMM CONSENT OF TILE Orr OF
IE7m m.
I
I 1O A 10 FOOT MRE 11NDSCAPE B PFFR 9X11 BE AOJALTNT TO THE RI NOF -WAY OF E C ELA VAK S IWldIMCW WAY AM
S CafWARON AN9UE ANO 9WL LE MANTAWD BY THE BOSE VNUEY CONWS OMENS ASSDM47M
I
It. DIRECT LOT ACCESS TO E OVERLAND ROM IS PROHIBITED EXCEPT FOR INE TWO PORIA STREETS APPROI£D WN THIS MT.
N8952'I9"W I
1
324.24 I
11 LIE ww ISE TIAr PRoH)ES Ac= TO DE Pusuc STREET SrSNY W7m DE .R' ACCESS AND UTILITY EASEJIENr SCALL
I
I BE MAWTANm BY INE OWAYS A550C4IIDL
)' LAN05CAPE BUFFER I IS LOTS 1 AAD 2 O' 1 Z AIA 11 E 1 I2 IIB 11111 DR A PDRMN O' SAA LOIS ARE 11 ro AND
CONTAIN AOR STOW WRIER DRAMA;£ SYSML THESE LOTS ARE MACERED BY THAT OKTAW MASim PERPETUAL STORM
I WATER LRANALE asrm NT wcowam ON ARE I. zDD4 AS vismaNr No nmo6BIn. wvAL IEL070s LF AoA comm, AND
LOT I I. NIOCE'ORAtm )ERM BY 1H5 REPFROIIf AS E' SET FaRN N fiA1 (THE "EASIER FASaEiIT'} LIE WASTER EASDOCII AND 'TIE
1. WAIER ORANAfE SYSTEM A. DEDICATED TO ADA 191SUMI ro YCIID4 10-2702 RANO CODE THE MASTER EASEMENT S
IPEFOR RE OERNRDI Aro UAN04MCE OF 11E STORM WA LER WANAtE SYSIEII. -
14. EASBA90TT AND ADDITIONAL SETBAOX ARE SNOW ON BEET 2
5/8" IRON PIN I POiNT OF BEGINNING
_ LS J624 CAP I fDIND 5/8" REBAR -L' -f - 2JSb5 -- - ---- CAP DESWCIED.
-- _ -- -_ `51, 9g•�[i 98 296.20' REPLACE CAP W1 LS TJI4
N895219 -IV 1328.13'
— _ 52094' 1 719.99' c 1500"
BA515 BEARING N8952'19'W 2656.42' — — - — — — S. 1/4 CORNER SECROY 17
E. OVERLAND ROAD p 2D cvmF wsr. No. Ian3s427 W@D
I � ����� �Af AndeLson S7Etvey Gronp, Lac. �,
RES(XUROV SUBDN9DV No. 1 CAU PARR SUBDN9(N NN:RBIRCN CYIURFYARO yft
7N3i A` y G➢d SYrveyL➢— (S<m�ceR
BOD'( 8N, PACE ]0055 COC 91,PAGE I l7 `til 2 157 41Ht-. 14 Se. P
BOD( 82. PACE 9041 N
BOOIC 9I, PACT 106]1
YmiERu, 10. 1t/2
OF hyo 12D81 =-7x6
N. ANS
SHEET 1 OF 3
CITY OF
CM�eYlG�1�Y1 �
IDAHO
y
e�eR n TRensuaeV^� SINCE
1903
MAYOR
Tammy de Weerd
Date: 10/9/2006
CITY COUNCIL MEMBERS
The following address has been verified by City of Meridian Public Works
Keith Bird
Department as valid for the project listed below.
Charles M. Rountree
Shaun Wardle
Christine Donnell
Project Name: Dutch Brothers Drive Thru
CITY DEPARTMENTS
Fire
Address: 2170 E Overland Road
540 E. Franklin Road
888-1234/fax 895-0390
Suite #: N/A
Parks & Recreation
11 W. Bower Street
Zip Code: 83642
888-3579 / fax 888-6854
Planning
Lot /Block/ Subdivision: Southernmost portion of Lot 1 Block 1
660 E. Watertower Lane
Destination Place
Suite 202
884-5533/fax 888-6854
Police
1401 E. Watertower Lane
Notes:
888-6678/fax 846-7366
Public Works
660 E. Watertower Lane
EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE
CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE).
Suite 200
898-5500 / fax 895-9551
- Building
Tricia Bieren
660 E. Watertower Lane
, "Wal eIJ&4&''rk
Suite 150
Suite
887-2211 / fax 887-1297
City Of Meridian
- Sewer (WWTP)
Public Works Department
3401 N. Ten Mile Road
660 E Watertower Suite #200
888-2191 / fax 884-0744
Meridian, ID 83642
- Water
PH. 208-898-9586 FX. 208-898-9551
2235 N. W. 8th Street
tbieren@meridiancity.org
888-5242 / fax 884-1159
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, ID 83642 (208) 888-4433
CITY CLERK - FAX 888- 4218 CITY ATTORNEY/ HR - FAX 884- 8723 FINANCE & UTILITY BILLING - FAX 887- 4813 MAYOR'S OFFICE -- FAX 884-8119
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1. •
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 48.00 16
BOISE IDAHO 01/16101 03:10 PM
DEPUTY Bonnie Oberbillig II` ('I�'I'I'I'I�'III'I'll'IlIIII II'll
RECORDED -REQUEST OF
Recording Requested By, Raudman & Yarnall 107007166
And When Recorded
Return To: Raudman and
Yarnall, LIP, 1193 N.
Creek Drive, Kusa, Idaho
83634
NON-EXCLUSIVE EASEMENT AGREEMENT
THIS NON-EXCLUSIVE EASEMENT AGREEMENT ("Agreement") is made and entered
into as of this 4_ day of January, 2007, by and between BOISE VALLEY COMMONS, LLC, an
Idaho limited liability company, whose address is 4751 N. Trotter Lane, Star, Idaho 83669, (`SVC" or a
"party") and RAUDMAN AND YARNALL, LLC, an Idaho limited liability company, whose address is
1193 N. Creek Drive, Kuna, Idaho 83634 ("Raudman" or a `Ia1ty").
1. RECITALS:
A. BVC is the owner of that certain real property located in Ada County, Idaho, more
particularly described as follows (`BVC Tract" or "Tract"):
See Exhibit A attached herewith and incorporated herein by reference.
B. Raudman is the owner of that certain real property located in Ada County, Idaho, more
particularly described as follows ("Raudman Tract" or "Trace'):
'See Exhibit B attached herewith and incorporated herein by reference.
C. BVC has agreed to create a non-exclusive easement for pedestrian and vehicular ingress
and egress over a portion of the BVC Tract for the benefit of the Raudman Tract.
2. AGREEMENTS:
NOW, THEREFORE, in consideration of the premises and other good and valuable .
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be
legally bound agree as follows:
A. Grant of easement by BVC: BVC hereby grants and conveys to Raudman, its employees,
invitees, and successors in interest, for the benefit of and as an appurtenance to the Raudman Tract, a non-
exclusive easement for vehicular and pedestrian ingress and egress over and across those portions of the
BVC Tract more particularly described in Exhibit C attached hereto and incorporated herein by reference,
and hereafter identified as the "Easement Area", together with the right to construct, pursuant to Section
3 hereof, an asphalt driveway and related improvements upon, over and across the BVC Tract Easement
Area.
B. Provision for Future Easement: Raudman hereby grants and conveys to BVC, its
employees, invitees, and successors in interest, a right of ingress and egress from the BVC Tract into and
from the Raudman Tract over a driveway located in the Northeast corner of the Raudman Tract as
depicted in Schedule 1 attached hereto and incorporated herein by reference.
3. CONSTRUCTION WORK AND MAINTENANCE:
A. BVC and Raudman hereby agree that the initial construction of the asphalt driveway, not
to exceed four thousand (4,000) square feet (the ' Driveway"), within the Easement Area shall be
performed by Raudman. Raudman agrees to provide BVC with firm quotes for the cost of construction,
and BVC shall have the right to accept or reject the same within fourteen (14) days of receipt. BVC
agrees to reimburse Raudman for one-half (1/2) of the approved actual and reasonable cost of design,
engineering, construction labor, and construction materials for the construction of the driveway, within
thirty (30) days after completion of such construction.
B. Thereafter, Raudman shall maintain and keep the Driveway in good repair, and
shall keep the Driveway free and clear of snow, ice, rubbish and obstructions of every nature,
and shall maintain adequate drainage and, as required, lighting thereon. All work performed in
the maintenance, repair or replacement of the Easement Area shall be performed in a good and
workmanlike manner in compliance with all applicable governmental requirements, and in such
a manner as to minimize interference with the operation of any business located on either tract.
In the event that Raudman defaults in the performance of any of its obligations set forth in this
paragraph, BVC, upon giving Raudman not less than thirty (30) days prior written notice (except
that only such notice as is reasonable, if any, need be given in the event of an emergency
threatening person or property), shall have the right (but not the obligation) to perform the
obligations of Raudman at its sole cost and expense subject, however, to reimbursement by
Raudman of the cost of performing said obligations within thirty (30) days after receipt of copies
of all invoices, statements or other documents supporting same.
C. The party performing any of the work described in this Agreement ('Contracting
Party') shall not permit any liens to stand against any tract (other than its own tract) for any
work done or materials furnished in connection therewith. The Contracting Party shall
indemnify, defend and hold harmless the other party to this Agreement from any and all liability,
claims, damages, expenses (including attorney's fees), liens, claims of lien, judgments,
proceedings and causes of action of any kind whatsoever arising out of or in any way connected
with the performance of such work, unless caused by the willful or negligent act or omission of
the indemnified party, its agents, contractors, subcontractors, tenants, subtenants, or employees.
4. NO PUBLIC DEDICATION:
All rights of ingress and egress granted herein shall be held in common by BVC and
Raudman, their successors, tenants, subtenants, agents, contractors, subcontractors, employees,
customers, invitees and licensees. However, nothing contained herein shall be deemed to
constitute a gift or dedication of any portion of the BVC Tract or the Easement Area to the
general public or for the general public or for any public purpose whatsoever, it being the
intention of the parties that this Agreement shall be strictly construed to and for the purposes
herein expressed.
5. COVENANTS RUN WITH THE LAND:
All of the easements contained herein shall run with, and be appurtenant to, title to the BVC Tract
and Raudman Tract, and shall run with, and constitute a burden upon, title to the respective Tracts.
6. SUCCESSORS AND ASSIGNS:
This Agreement and all of the terns, covenants, conditions and agreements contained herein shall
inure to the benefit of and be binding upon the parties, their heirs, personal representatives, successors
and assigns, and upon any person acquiring a tract, or any portion thereof, or any interest therein, whether
by operation of law or otherwise; provided, however, that in the event a party disposes of its interest in a
tract, said party shall thereupon be released and discharged from any and all obligations in connection
with said tract arising under this Agreement from and atter the date of disposition of said interest, but
shall remain liable for all obligations, actual or contingent, in connection with said tract arising under this
Agreement prior to the date of disposition of said interest.
7. INJUNCTIVE RELIEF.
In the event of any violation or threatened violation by any person of any of the terms, covenants,
conditions or agreements contained in this Agreement, any or all of the parties hereto 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 of the remedies set forth in this Agreement or provided by law.
8. BREACH SHALL NOT PERMIT TERMINATION:
It is expressly agreed that no breach or default in the performance of any of the terms, covenants,
conditions or agreements set forth in this Agreement shall entitle any party to terminate this Agreement,
but such limitation shall not affect in any manner any other rights or remedies which such party may have
hereunder by reason of any such breach or default of this Agreement.
9. THIRD PARTY BENEFICIARY:
This Agreement is not intended to create, nor shall it be in any way interpreted or construed to
create, any third party beneficiary rights in any person not a party hereto unless otherwise expressly
provided herein.
10. DEFAULT:
No party shall be deemed to be in default of this Agreement except upon the expiration of thirty
(30) days (ten (10) days in the event of failure to pay money) from receipt of written notice from any
other party to this Agreement specifying the particulars in which such party has failed to perform the
obligations of this Agreement unless such party, prior to expiration of said thirty (30) day period (ten (10)
day period in the event of failure to pay money), has rectified the particulars specified in said notice of
default. However, such person shall not be deemed to be in default if such failure (except a failure to pay
money) cannot be rectified within said thirty (30) day period and such party is using good faith and its
best efforts to rectify the particulars specified in said notice of default.
11. 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, addressed
to the appropriate party at their address set forth above.
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 pursuant to this Agreement shall be
deemed given upon receipt.
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 pursuant to
this Section 11 as shown on the return receipt, (ii) the date of actual receipt of the notice or other
document by the person or entity specified pursuant to this Section 11, or (iii) 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 nondelivery by the sending party.
12. WAIVER:
The failure of a party to insist upon strict performance of any of the terms, covenants, conditions
or agreements contained herein shall not be deemed a waiver of any rights or remedies that said party may
have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of
the terms, covenants, conditions or agreements contained herein by the same or any other party.
13. ATTORNEY'S FEES:
In the event a party initiates or defends any legal action or proceeding to enforce or interpret any
of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to
recover from the losing party its reasonable costs and attorney's fees (including its reasonable costs and
attorney's fees on any appeal)..
14. SEVERABILITY:
If any term, covenant, condition or agreement of this Agreement, or the application of it to any
person or circumstance, shall to any extent be found to be invalid or unenforceable, the remainder of this
Agreement, or the application of any such term, covenant, condition or agreement to persons or
circumstances other than those as to which it is found to be invalid or unenforceable, shall not be affected
thereby, and each such term, covenant, condition and agreement of this Agreement shall be deemed valid
and shall be enforced to the fullest extent permitted by law.
15. 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.
16. ENTIRE AGREEMENT:
This Agreement contains the entire agreement between the parties 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 either party.
17. CONSTRUCTION:
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.
18. MODIFICATION:
This Agreement may not be modified in any manner whatsoever except by written instrument
duly executed by each of the parties hereto.
19. RECORDATION:
This Agreement shall be recorded in the Public Records of Ada County, Idaho.
RAUDMAN AND YARNALL, LLC BOISE VALLEY COMMONS, LLC
Kevin C. IG�g—hton
��
Its: Manager
STATE OF IDAHO )
) ss.
County of /� J
On this //4day of , 2007, before me, a Notary Public,
personally appeared Kevin C. Knighton, known or identified to me to be the manager or a
member of Boise Valley Commons, LLC, the limited liability company that executed the
instrument or the person who executed the instrument on behalf of said limited liability
company, and acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
«ARR ,O
Itio
'womb
Lll L%G
.._ OF 110 _
STATE OF IDAHO
) ss.
County of Ada_ )
NOTAAY PUBLIC FOR IDAHO
Resi mg at
My Commission Expires: 2%3 v.0 --ZO/
On this -&-4— day of 42 2007, before me, a Notary Public,
personally appeared Jeff Yarnall, known ori entified to me to be the manager or a member of
Raudman and Yarnall, LLC, the limited liability company that executed the instrument or the
person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
i�!►RRI��� NOT PUBLIC FOR AHO
Residing at
•s ; �p't AMy Commission Expires: 1,0/4' .2—
PV��+ �O
• 4.P�q 1'E OF 19� .
EXHIBIT A
BYC TRACT
See attached
RECIPROCAL EASEMENT AGREEMENT - 6
2501 Bogus Basin Rd. * Boise, Idaho 83702
(208)386-0636
Fax (208) 3 96
4
_ 'DESCRIPTION ,�AOF
�,
y :FOR A.
t 'PARCEL "B"
z :;: a rtion of'tot 1 and U of Lot 2 Block 1 or Destination Place
:.APs Q# tan being por a ,
s led fou aeor rd in .the ce of tt -Ada County Recorder, Boise, Idaho in
.. u . ivrsr
boo 1p 0 of*. at:: �:'11�. 11192 and a of the SE 1/4 SW 1/4, Section
Pte.... .... t
17 7?N R E , 8 M :`Meridian 'Ada `Ada County, Idaho, as shown on Record of Survey No.
Aifileit•for ecord.in the office of the Ada County Recorder, Boise, Idaho and
jilariy,fesixibed as follows: -
s `° CfJAAMENCING at a brass .cap marking the comer common to Section 17, 18, 19,
and0; Th`ence akri the South boundary of said Section 17
5oiiih:89°52'19"East;1785.49.feet to a point on the Centerline of East Overland
:'Road Thence leaving said South boundary at right angles and along the Centerline of
��5lets
olitti�A . n.um . a
Y
° leafs i
: North:00.:0�,4:7:. East 45,00.fee. to a int on said Centerline- Thence said
,
point n9
an les: and aloe the,South bounds of said Destination Place
z, , Sribdrvsi
Scotts 89°52'19- East 53.90 feet to a point markets by a 5J8a iron pin; Thence along
4 the Soithefly�ouridary of said Lot 1
leaving
surdnutne,y: boiu�dary:ancl. akxrg the West boundary of said Lot 1
::"Io.:.DO'U'A1" E�st.73.10, feet to a point marked by a 5/8" iron pin, said point being
North 0040T41' Ea st 148.79 feet to a point on a curve to the right marked by a 5/8a
risen per, Thence:akxtg said curve to,the right with a radius of 63.00 feet, a central angle of
81'i7', lenisth;of9. fee# an cord.which bears
:.•.-
North 40 ast.W.21 f et to a point marked by a 518" iron pin; Thence leaving
said lnllsf`_boundary;gf.. said Lot ;and abng the North boundary of said Lot 1 and Lot 2
V-P11Vortl 81 �3'56a East 309.91,feet to a point maw the beginning of a curve to the
,s q;
f 00
„,,:...
,.,.,
J°a 5/8: i . The ce: on said curve to the ht with a radius o 93.
v!gti#, tar eiii;bYw_ ;a:. ro`piri, n al g rig
free oeairal;ariie;of982', :a le:of . , 9.95 Bees, and a chord which bears
26'° 15 ch i
`So 49..08'43';East :140.95;%etto.a poirrt marked by a 5/8' iron pin; Thence
:-
leavtrr said N4 bounsJa y and ak)r)g.the East boundary of said Lot 2
= _ the • St comer of said Lot 2 marked by a
Souiti , lll/est 8512 t`eet#o Southeast
7'39"
- =1 South of said Lot 2
'n n 'leaf' 'd' st-boun and aloe the So bounds
7fie . ae t.° `sora, da
K-
t
t.io Southwest comer of said Lo 2 Thence
��IVQ' 2 est the:
lead```saidou ski the- East
boundaryof said Lot 1
n9 Som.. - .►....,:... .. ,
as .
Soutf100'OT'IAWest 8Ufeet#o:ant on said East boundary markedby a 5/8a
Iron prtl, �hence`leavrng mrd. Fasi boundary;at light angles -
;�: , ...::. ;, .:.: _.. North 89-52'.19" 1Nest206.31.feet Lathe PO1NT OF BEGINNING.
Said parcel of land contains 2.00 acres more or less.
309CrplattJescdoc dnm . -
EXHIBIT B
RAUDMAN TRACT
See attached
RECIPROCAL EASEMENT AGREEMENT -
TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 63702
SURVEYING (2W) M -OM
Fax (208) 3s5 -Oso
Project No.: 3096
Date: October 31, 2006
DESCRIPTION
FOR
PARCEL "A"
A parcel of land being a portion of Lot 1, Block 1 of Destination Place Subdivision, as
filed for record in the office of the Ada County Recorder, Boise, Idaho in book 93 of plats at
pages 11190 through 11192 and a portion of the SE 114 SW 1/4, Section 17, T.3N., R.1E.,
B.M., Meridian, Ada County, Idaho, as shown on Record of Survey No. q lcS g as filed
for record in the office of the Ada County Recorder, Boise, Idaho and more particularly
described as follows:
COMMENCING at a brass cap marking the comer common to Section 17, 18, 19,
and 20; Thence along the South boundary of said Section 17
South 89`52'19" East 1785.49 feet to a point on the Centerline of East Overland
Road; Thence leaving said South boundary at right angles and along the Centerline of
South Millennium Way
North 0000741" East 45.00 feet to a point on said Centerline; Thence leaving said
Centerline at right angles and along the South boundary of said Destination Place
Subdivision
South 89052'19" East 53.90 feet to a point marked by a 5/8" iron pin, said point being
the POINT OF BEGINNING; Thence along the Southerly boundary of said Lot 1
North 44052'22" West 38.04 feet to a point marked by a 5/80iron pin; Thence leaving
said Southerly boundary and along the West boundary of said Lot 1
North 0007'41" East 73.10 feet to a point marked by a 5/8" iron pin; Thence leaving
said West boundary at right angles
South 89052'19" East 206.31 feet to a point marked on the East boundary of said Lot
1 marked by a 5/8" iron pin; Thence along said East boundary
South 00"07'41" West 100.00 feet to a point on the South boundary of said Lot 1
marked by a 5/8" iron pin; Thence leaving said East boundary and along said South
bgyadary
North 89052'19" West 179.41 feet to the POINT OF BEGINNING,
3OWp�dw— mw
Said parcel of land contains 0.47 acres more or less.
LOD Cr
�,4347a 2
MICR
N
ACKNOWLEDGMENT
STATS OF IDAHO)
as
COUNTY OP ADA 1
QO BEFORE PE A NOTARY PUBLIC FOR 7K STATE OF DAAq PERlONALLY
RECORD OF SURVEY NO. 2&AS
INSTRUMENT NO. 1plRcL�Cll ___
ACACKNKNDDWLOMiFt M TO RE ?HAT HE tWKSNNMIT[OO WN
HE BAAC A • TD ,— P"°DN WN°dE NAA[ It °II. �[° T° 1- ,nom, P�T,�IAD^•. A,D PROPERTY LINE ADJUSTMENT SURVEY
N WrtN[!S WWERtOF. 1 HAVE SRT AY NAND AND MAL TI[ DAY AND YEAR N THIS CENTIRICAT9 ABOVE VOTT[N
AT COANSSDN SKPR[e'
NO MY P FOR IDAHO
RL&DING AT T B 5 OISE, IDAHO 50 25 0 $0 100 450
SCALE IN FEET
r-50'
FOR
KEVIN KNIGHTON
LOTS 1 AND 2 OF BLOCK 1, DESTALInON PLACE SUBDINSION
LYING IN THE SE 1/4 SW 1/4, SECTION 17, T.M., RJE., U.,
MERIDIAN, ADA COUNT!, IDAHO
CERTIFICATE OF OWNERS
1. THE II DEIWON®, DO NMV MIST RMT 1 AA INC OWNER Or THE PROPERTY SHOWN ON 106 RECORD OF SURVEY AND THAT TWO
FROMM LNC ADJUSTRRNT IR ACCIPTAN.E.
KCVN KNO70K
CERTIFICATE OF SURVEYOR
I, PATRCK A. i[AL[Y, OD IDRSBr earoY THAT I AA A PROEERSIDNAL LAq STRYSYOR, LICtMUD h THE STAYS OF IDAHO. AND THAT THIS LOT
UNE ADJUSTRNT. AS MteRWD N 1N[ erl"FlQATE OF OWXM AND AITACNtD RA7, vA9 DRAWN PROA AN ACILAL RXIM AAD[ ON THC
01000 UNDER AY NUT SU7[RMNON ARD ACCURATELY REPKIRD I TN[ PWS PLATTEP IMMONI AND. B M OOIFMNTY WITH In STATt
OF DAWO COOS RdATIND TO PLATS AND SURVEYS AND PNDrCONES PPRPtIRTUATIW AN PRJO[
NP ACT, IDAHO CO
X71 '1 *
YZA1A,a'�PC? PA CR A TEALET, ',S.
. I34
N4:47O.+yJ
r'P�iI, A.1r�
COUNTY RECORDER'S CEFRTIFICATE
— pTWUASNT P Del11rr1 OA _ , - &TATE OF IDAHO
— — — — ^ — —
-� l COUNTY a AOA T p
"^" — — "•" — "-" — �T I R THAT 1Nd OBTRuaw VA! AT R[OUOT of �� 'd.� • AT APLT[d PAPT
.LFI YOGLf INP[
j _/•• — ... ,A. C 11., iIEB DAY Of ,NAY OFFIC�i V ULY . P R TRUALNT ND.
1. E 49'92'19 [ 166.96'
— � DWLT�— P caRD[R Y
$
18 17 DD
— s,n1'Qtd6.1Y _ N9.99'_,Llf NOTES
19 80 E, OVERLAND ROAD LEGEND D
BASO OF 1[ARNO BOUNDARY LII[ 1.20x00 FOR PROPgTY D[YELOPWIT STANDARDS • Ci
CENTER LW Q FOR AOpR 1DNAL SANYWY °sORRATDN, BER REGARD OF -,-
LINE TABLE - ONINAL LOT LINK -
FILED
PAARMS OiR" NNOTTIIS 0mW I" Q IT le PC01LLATT90 O APAFPROV90 0 UNI c --
LINGLEND H BEARNG CITY
L N 1 • Q' AD,RISM LOT LIME
-
CUR V TABLE B — FOWiD BRASS CAP
URVE RAN9 DELTA ENOTM BEARING CHORD
8 .1. ' N AO 91'19• [ CITY, DA
.2' ® FOUND Bio' IRON PN - TEAI.EY'S LAND SURVEYINQ
o' t. s w• 'Is• [ 1 . • SET 5J0' % 70' IRON PRI M/CAP
Tc
0' 'I' 7%' 41051'19'0
D • e d It• ev • r Ma?' ATTENTION Cl CALCULATED PONT
IQO o ' 7 I I.1B' • r Iar ' Nr [. SM d1Rt[i Mt-1t9-Oi3! PAM STY,
0 ' 0 • 91 91 2 • '13 V A ' TIM RECOROBD OF IUM RECORD Or SURVEY 0064 NOT ENABLE TIC
OWNERS OF RE PARCELS 10 CONV" O "MMP BASED SOLELY ON
THIS A, A WRITTW CONV[YAN09 AM ACCOMPANY &1CH NMN% 0
,,ya,�„•T .. „sem., •, x D, A„• D°EBOVNmRB1'PVrONroA TK°POPROP°ERTYYi$NO"ET 0L°0IN0T N AW. As A LEGAL RECORDING INDEX NO. 30-17-3-2-0-00-0000
OCT08ER12006 RAR 3096
-
---..`
/
-
........
- -
1
^NEMA 0� �`
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I&NRLD utured,
DAANADE, IRR/TATWN, A.
LAND9CAI[
EAecA[J r PARCEL B
i
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�a
87,114 Sq FI
1
2.00 Ac
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g I
I
N 89112'19' W 260-L631
N�I
D
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y W
S 89.521". t 20621,
VIDE
{
' 04ASEA'CHIHURENrPER
PARCEL A i
103001661
I 8
8
20,269 Sq Ft ^
't°I.°o x V WIDE �
161
1
0 A7 Ac I
Pm INAANNT I �
e• POWER L06 1 0 S IERODB661
EABERtAT PER s5' LAM9CME BUPf[R
FOR
KEVIN KNIGHTON
LOTS 1 AND 2 OF BLOCK 1, DESTALInON PLACE SUBDINSION
LYING IN THE SE 1/4 SW 1/4, SECTION 17, T.M., RJE., U.,
MERIDIAN, ADA COUNT!, IDAHO
CERTIFICATE OF OWNERS
1. THE II DEIWON®, DO NMV MIST RMT 1 AA INC OWNER Or THE PROPERTY SHOWN ON 106 RECORD OF SURVEY AND THAT TWO
FROMM LNC ADJUSTRRNT IR ACCIPTAN.E.
KCVN KNO70K
CERTIFICATE OF SURVEYOR
I, PATRCK A. i[AL[Y, OD IDRSBr earoY THAT I AA A PROEERSIDNAL LAq STRYSYOR, LICtMUD h THE STAYS OF IDAHO. AND THAT THIS LOT
UNE ADJUSTRNT. AS MteRWD N 1N[ erl"FlQATE OF OWXM AND AITACNtD RA7, vA9 DRAWN PROA AN ACILAL RXIM AAD[ ON THC
01000 UNDER AY NUT SU7[RMNON ARD ACCURATELY REPKIRD I TN[ PWS PLATTEP IMMONI AND. B M OOIFMNTY WITH In STATt
OF DAWO COOS RdATIND TO PLATS AND SURVEYS AND PNDrCONES PPRPtIRTUATIW AN PRJO[
NP ACT, IDAHO CO
X71 '1 *
YZA1A,a'�PC? PA CR A TEALET, ',S.
. I34
N4:47O.+yJ
r'P�iI, A.1r�
COUNTY RECORDER'S CEFRTIFICATE
— pTWUASNT P Del11rr1 OA _ , - &TATE OF IDAHO
— — — — ^ — —
-� l COUNTY a AOA T p
"^" — — "•" — "-" — �T I R THAT 1Nd OBTRuaw VA! AT R[OUOT of �� 'd.� • AT APLT[d PAPT
.LFI YOGLf INP[
j _/•• — ... ,A. C 11., iIEB DAY Of ,NAY OFFIC�i V ULY . P R TRUALNT ND.
1. E 49'92'19 [ 166.96'
— � DWLT�— P caRD[R Y
$
18 17 DD
— s,n1'Qtd6.1Y _ N9.99'_,Llf NOTES
19 80 E, OVERLAND ROAD LEGEND D
BASO OF 1[ARNO BOUNDARY LII[ 1.20x00 FOR PROPgTY D[YELOPWIT STANDARDS • Ci
CENTER LW Q FOR AOpR 1DNAL SANYWY °sORRATDN, BER REGARD OF -,-
LINE TABLE - ONINAL LOT LINK -
FILED
PAARMS OiR" NNOTTIIS 0mW I" Q IT le PC01LLATT90 O APAFPROV90 0 UNI c --
LINGLEND H BEARNG CITY
L N 1 • Q' AD,RISM LOT LIME
-
CUR V TABLE B — FOWiD BRASS CAP
URVE RAN9 DELTA ENOTM BEARING CHORD
8 .1. ' N AO 91'19• [ CITY, DA
.2' ® FOUND Bio' IRON PN - TEAI.EY'S LAND SURVEYINQ
o' t. s w• 'Is• [ 1 . • SET 5J0' % 70' IRON PRI M/CAP
Tc
0' 'I' 7%' 41051'19'0
D • e d It• ev • r Ma?' ATTENTION Cl CALCULATED PONT
IQO o ' 7 I I.1B' • r Iar ' Nr [. SM d1Rt[i Mt-1t9-Oi3! PAM STY,
0 ' 0 • 91 91 2 • '13 V A ' TIM RECOROBD OF IUM RECORD Or SURVEY 0064 NOT ENABLE TIC
OWNERS OF RE PARCELS 10 CONV" O "MMP BASED SOLELY ON
THIS A, A WRITTW CONV[YAN09 AM ACCOMPANY &1CH NMN% 0
,,ya,�„•T .. „sem., •, x D, A„• D°EBOVNmRB1'PVrONroA TK°POPROP°ERTYYi$NO"ET 0L°0IN0T N AW. As A LEGAL RECORDING INDEX NO. 30-17-3-2-0-00-0000
OCT08ER12006 RAR 3096
EXHIBIT C
EASEMENT AREA
That certain strip of land situated on the BVC Tract, more particularly described as follows:
See attached.
RECIPROCAL EASEMENNT AGREEMENT - 8
DEG -19-2006 10:26 AN McKeescxn Architect 2084248609 P_02
10 B. S A. Engine sy Inc.
Consulting Engineers, Surveyors 3 Planners
5605 West Franklin Road gorse, ID 83705
Velce:209.343.3381 Fax: 208.342.5702
Web: http:llwww.beenginsers.com
Cross Access Agreement
between
Dutch Bros. - Overland
And
Boise Valley Commons, L.L.C.
December 2006
A parcel of land being a portion of Lot 1, Block 1 of Destination Place Subdivision (as shown in book 93
of plats at page 11190 on file with the Ada County Recorder's office), situate in the southeast quarter of
the southwest quarter of Section 17, Township 3 North, Range 1 East, Solse Meridian, Meridian city, Ada
county, Idaho, being more particularly described as follows:
Commencing at the southwest corner of said Section 17; thence S89°52'19"E, 1,785.49 feet along the
southerly boundary of said Section. 17 to the centerline of South Millennium Way; thence N00°07'41"E,
293.79 feet along the cantedine of South Millennium Way to a point of curvature; thence S89°5ZIWE,
27.00 feel to a point of curvature on the easterly right-of-way of said South Millennium Way and the
westerly boundary line of said Lot 1; thence S00007'41'W, 53.78 feet along the easterly right-of-way of
said South Millennium Way to the POINT OF BEGINNING:
Thence S89°52'1WE, 37.76 feet along a line perpendicular to the easterly right-of-way of
said South Millennium Way;
Thence SW07'41'W, 84.25 feet along a line parallel to the easterly right-of-way of said
South Millennium Way;
Thence 11.83 feet along a tangent curve deflating to the left with a central angle of
42°21'19', a radi m of 16,00 feet, a tangent of 6.20 feet and a long chord of 11.58 feet
bearing S21 907WE;
Thence N89652'19"W, 41.94 feet along a line perpendicular to the easterly right-of-way of
said South Millennium Way;
Thence NW07'41'E, 96.03 feet along the easterly right-of-way of said South Millennium
Way to the POINT OF BEGINNING
Comprising 3603 square feet more or less.
Subject to a 10.00 foot wide landscape buffer easterly of and adjacent to the entire easterly right-of-way
of South Millennium Way.
DEC -19-2006 10:27 AM McKeegan Architect 2084248609
P. 03
0 40 80
HORIZ. SCALE: 14NCH = 40 -FEET 41
NORTH
B. A A. Englneere, Inc.
call"e o ammemi. sum a Pwm"
34g5IA/" FmWft Road Bolsa, ID 83705
Vohs: 208.349.3381 FM 208.M.UM
W b., hllprJhrww., 181 IN m= n
W
CROSS ACCESS AGREEMENT
z A PARCEL OF LAND BEING A PORTION OF LOT 1, BLOCK
_ 1 OF DESTINATION PLACE SUBDIVISION (AS SHOWN IN
z BOOK 93 OF PLATS AT PAGE 11190 ON FILE WITH THE
wADA COUNTY RECORDERS OMCE), SITUATE IN THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
I
SECTION
INORTH
Y,1TMERIDAN. MERIDIAN
C6 ,e49r
CURVE TABLE
CURVE m
RADIUS ARC TANGENT C. BEARING C. LENGTH
' t 11. 6.10' S21• 11 '
4' SMMI'19"W 81.21'
• Ni6'6Z'16'W 1
W. OVERLAND ROAD
BA:ssOF sFc;, a 17
19+20 s6Y'd�ia'E- 20
SCHEDULE 1
RAUDMAN TRACT EASEMENT AREA
That certain strip of land situated on the east boundary of the Raudman Tract, more
particularly described as follows:
A parcel of land being part of the Raudman Tract located on the North East side of the
Raudman Tract shall be constructed a "Driveway" 25.0 feet wide not to extend beyond the
legal boundaries of the Raudman Tract.
Driveway is to be used as future cross access between BVC Tract and Raudman Tract upon
improvement of the BVC Tract.
The Driveway is depicted on the attached drawing, as the cross -hatched area in the northeast
portion of the Raudman Tract.
G
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1993 N: Creek Dr...
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Kuna, ID 83634
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RAY TO THE
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DOLLARS
City of Meridian
660 E. Wate'rtower, Ste. 202
Meridian,]D _83642
Certificate of zoning compliance
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RAY TO THE
ORDER OF City of Meridian
,
� *375 00
Three Hundred Seventy -Five and 00/100.
DOLLARS
City of Meridian
660 E. Wate'rtower, Ste. 202
Meridian,]D _83642
Certificate of zoning compliance
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January 31, 2007
To: Raudman & Yarnell, LLC
1193 N. Greek Dr.
Kuna, ID 83634
John S. Franden, President
Rebecca W. Arnold, Vice President
Sherry R. Huber, Commissioner
David Bivens, Commissioner
Carol A. Mckee, Commissioner
RECEIVED
FEB - 2 2007
City of Meridian
Subject: MCZC-06-189 City Clerk Office
Dutch Brothers Majestic
2170 E. Overland Rd.
In response to your request for comment, the Ada County Highway District (ACRD) 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 all street
improvements exist.
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) 387-6177.
Sincerely,
Chelsee Kucera
Planning Intern
Right -of -Way and Development Services
CC: Project file
City of Meridian
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
2501 Bogus Basin Rd. a Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-0696
.DESCRIPTION
or
777TOR
PARCEL "B"
d being a portion of. Lot 1 and all of Lot 2, Block I or Destination Place
lrecord_in.the_nffce oftlieAda County Recorder, Boise, Idaho in
les `17190 through 11192 and a portion of the SE 1/4 SW 1/4, Section
;`Meridian, `Ada County, Idaho, as shown on Record of Survey No.
Ty" in the office of the Ada County Recorder, Boise, Idaho and
i brass cap marking the comer common to Section 17, 18, 19,
; outh boundary of said Section 17
,,ti:785.49 feet to a point on the Centerline of East Overland
South bounclary at right angles and along it* Centerline of
I 45IPO feet W a point on said Centerline; Thence leaving said
id along the South boundary of said Destination Place
13.9.0 feet Lto a point marked by a 5/8" iron pin; Thence along
ILot1
38,04 feet to a point marked by a 5/8"iron pin; Thence leaving
ilorig the West boundary of said Lot 1
3.10 feet to a point marked by a 5/8" iron pin, said point being
hence continuing
48.79 feet to a point on a curve to the right marked by a W
rveto ," right with a radius of 63.00 feet a central angle of
et and a chord which bears
to a point marked by a 5/8" iron pin; Thence leaving
along the North boundary of said Lot I and Lot 2
D9,91 feet to a point marking the beginning of a curve to the
7Trencealong said curve to the right with a radius of 93.00
(ri A length of 159.95 feet, and a chord which bears
46-96 Ai6i to a point marked by a 5W iron pin; Thence
i0glongthe East boundary of said Lot 2
I5.1ZfWt6 the Southeast comer of said Lot 2 marked by a
ild East bouridlary and along the South boundary of said Lot 2
60:6 Jeei tiilhe. Southwest comer of said Lot 2; Thence
hd along the Easkboundary of said Lot 1
0.00 feetto_a point on said East boundary marked by a 518"
aat 4boundary at light
016.3l feet to the POINT OF BEGINNING.
Said parcel of land contains 2.00 acres more or less,
EXHIBIT C
EASEMENT AREA
That certain strip of land situated on the BVC Tract, more particularly described as follows:
See attached.
RECIPROCALEASEMENC AGREEMENT - 8
EXHIBIT B
RAUDMAN TRACT
See attached
RECIPROCAL EASEMENT AGREEMENT - 7
nrnr L'yf"i
end"n
11 IDAI IO
Planning Department
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
Project name: 'p Ay o e?y-c 5 , /Amk-,s- 1 e File :
Applicant/agent: YA-1?-1Ck /i RG4-11 pci-C
All applications are required to contain one copy of the following unless otherwise noted:
Applicant
Staff
(�)
Desdtiption
(,�)
Completed & signed Administrative Review Application
Narrative fully describing the proposed use of the property, including the following:
X
➢ Information on any previous approvals or requirements for the requested use
i.e., applicable conditions of approval or Development Agreement)
VZ
)(
Recorded warranty deed for the subject property
Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation,
X
submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized a en[),`,
Scaled vicinity map showing the location of the subject property
X
Sanitary Service Company approval for trash enclosure & access drive (stamped site plan)
A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens
or more see UDC 11-3A-11
Copy of the recorded plat that the property lies within 8 '/2" x 11"
�(
Address verification letter from Public Works See Tricia Bieren 898-5500
X
Site Plan -4 copies (folded to 8 %:" x 11" size)
The following items must be shown on the siteplan:
f
• Date, scale, north arrow, and project name (scale not less than P -50'K
X
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the lanv'
X
• Parking stalls and drive aisles-"
• Trash enclosures locations/
• Detail of trash enclosure (must be screened on 3 sides)✓
• Location and specifications for underground irrigation (Pressurized irrigation can only be
waived if you prove no water rights exist to subject property)
X
• Sidewalks or pathways (proposed and existing),
• Location of Eoposed building on lot (include dimensions to property lines)/
• Fencing (proposed and existing)
• Calculations table including the following:
Y ➢ Number of parking stalls required & provided (specify handicap & compact stalls)
X
u ➢ Building size (sq. n.) -
X ➢ Lot size (sq. a.p-'
x ➢ Setbacks—,
x➢ Zoning district' ,
• Reduction of the site plan 8 %:" x I I"
Landscape plan — 3 copies (folded to 8 %" x 11" size)
Plan must have a scale no smaller than 1 " = 50'(1 " = 20' is preferred) and be on a standard
drawing sheet, not to exceed 36" x 48" (24" x 36" is preferred). A plan which cannot be drawn in
its entirety on a single sheet must 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 '
• Names, addresses, and telephone numbers of the developer and the person and/or
x
firm preparing the plan,
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
Mia , jr" ND5
ACHD Acce tante: 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 ofa building permit. If any changes must be
made to the site plan to accommodate the ACHD requirements, anew site plan shall be submitted to the City of
Meridian Planning & Zoning Departmentfor approval prior to the issuance ofa buildingpermit
Your buildingpermit will not be issued until ACHD has approved your plans and all associated fees have been paid
THISAPPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQUIRED INFORMATION.
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 9121106)
• Existing natural features such as canals, creeks, drains, wetlands,
ponds,
flood tains, high groundwater areas, and rock outcro in s.
• 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 dams a during construction
• Existing structures, planting 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 elementsa
i
• Existing and proposed contours for all areas steeper than 20% slope. Berms shall
be shown with one -foot contours.
K
• Sight Triangles as defined in 11-3A-5 of this ordinance,.--
rdinance,.=•
•Location and labels for all proposed plants, including trees, shrubs, and
groundcovers (trees must not be planted in City water or sewer easements). Scale shown for
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, tree class (I, II, or III), and comments (for
spacing, stakin , 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:
N ➢ Number of street trees and lineal feet of street frontage
k ➢ Width of street buffers (exclusive of right-of-way)
w ➢ Width of parking lot perimeter landscape strip
➢ Buffer width between different land uses (if applicable)
X ➢ Number of parking stalls and percent of parking area with internal landscaping
JY ➢ Total number of trees and tree species mix
➢ Mitigation for removal of existing trees, including number of caliper inches
being removed
�C
Reduction of the landscape plan 8 %" x 11"
Building elevations showing construction materials
If applying for approval of a public school, provide additional information as required by
the Public School Facility supplemental checklist per §67-6519.
Fee If this project had prior approval on a site plan, reduced fees may apply)
ACHD Acce tante: 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 ofa building permit. If any changes must be
made to the site plan to accommodate the ACHD requirements, anew site plan shall be submitted to the City of
Meridian Planning & Zoning Departmentfor approval prior to the issuance ofa buildingpermit
Your buildingpermit will not be issued until ACHD has approved your plans and all associated fees have been paid
THISAPPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQUIRED INFORMATION.
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 9121106)