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Joint School District AZr 0 MERIDIAN CITY COUNCIL DECEMBER 1 1992 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Corrie, Max Yerrington: Member Absent: Bob Giesler Others Present: Vernon Buckley, Nelson Berry, Wayne Forrey, D Johnson, Pat Tealy, Gary Smith, Wayne Crookston, Bill Gordon: MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 17, 1992: The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of the previous meeting as written: Motion Carried: All Yea: ITEM #le ORDINANCE #593: ORDINANCE ANNEXING & ZONING MERIDIAN SCHOOL PROPERTY NEXT TO FULLER PARK: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 109 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE: Is there anyone present who wishes Ordinance #593 read in its entirety? No response. The Motion was made by Tolsma and seconded by Yerrington that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 593 be passed and approved. Roll Call Vote: Yerrington — Yea; Giesler — Absent; Corrie — Yea; Tolsma — Yea; Motion Carried: All Yea: ITEM #2: ORDINANCE #594: BOUNDARY: ORDINANCE AMENDING IMPACT AREA Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN CHANGING THE BOUNDARY OF THE MERIDIAN AREA OF CITY IMPACT ALONG THE BOISE AND MERIDIAN AREA OF CITY IMPACT BOUNDARY AND THE URBAN SERVICE PLANNING AREA BOUNDARY FOR A PARCEL OF LAND LOCATED IN THE NE 1/4. SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #594 read in it's entirety? No response. IDWO STATE TAX COMMIVON a Commissioners: Larry G. Looney, Chairman Robert A. Fry Robert B. HodgeColeen Grant December 16, 1992 City of Meridian ATTENTION: Jack Niemann 33 E Idaho Meridian ID 83642 RE: Annexation Ordinance #593 Dear Mr. Niemann: Post Office Box 36 800 Park Plaza= Boise, Idaho 83722 Equal Opportunity Employer The Idaho State Tax Commission has reviewed and accepted the following action(s): City of Meridian Annexation Ordinance #593 Any changes dictated by this action(s) will appear on the 1993 tax code area maps. Sincerely, Rose Blazicevich Cartographer Operating Property (208) 334-7717 RB:sdv cc: ISTC Files (2) Ada County Clerk Ada County Assessor L ORDINANCE NO.23, r] AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land located in the SE 1/4 of the NE 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 10 and 11, Township 3 North, Range 1 West, Boise Meridian; thence North 00°00'03" West, 1,328.03 feet to the North 1/16 corner; thence North 89°38'33" West, 1,326.26 feet to the Northeast 1/16 corner and the REAL POINT OF BEGINNING. thence South 89139'33" East, 791.84 feet to a point; thence South 00°01'55" West, 363.82 feet to a point; thence North 89°37'17" West, 191.37 feet to a point; thence South 00°00103" East, 509.64 feet to a point in the center of the Ten Mile Stub Drain; thence along the center of the Ten Mile Stub Drain North 67"30'48" West, 85.39 feet to a point; thence North 66°39'00° West, 357.40 feet to a point; thence South 89°35100" West, 23.00 feet to a point; thence North 65°24'00" West, 49.70 feet to a point; thence North 85°32'12" West, 126.19 feet to a point on the ORDINANCE Page 1 0 0 West boundary of the SE 1/4 of the NE 1/4; thence departing the center of the Ten Mile Stub Drain North 00003'53" East, 8.96 feet to the C -S -NE 1/64 corner; thence continuing North 00°03'53" East, 663.52 feet to the Point of Beginning. Containing 12.0 acres more or less. AND A parcel of land located in the SE 1/4 of the NE 1/4 of Section 10, Township 3 North, Range 1 West, B.M., Ada County Idaho, more particularly described as follows: Commencing at the quarter corner common to Sections 10 and 11, T. 3N., R. 1 W.; thence North 00°00'03" West along the East boundary of said Section 10, 1,328.03 feet to the N1/16 corner and the REAL POINT OF BEGINNING. thence North 89°38'33" West along the North boundary of the SE 1/4 of the NE 1/4, 534.43 feet to a point; thence South 00°01'55" West, 363.82 feet to a point; thence South 89137117" East, 534.63 feet to a point; thence North 00°00'03" West, 364.02 feet to the Point of Beginning. Containing 4.46 acres, more or less Including from the above described land to the centerline of Ten Mile Road. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above referenced real property described as: A parcel of land located in the SE 1/4 of the NE 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 10 and 11, Township 3 North, Range 1 West, Boise Meridian; Page 2 0 0 thence North 00°00103" West, 1,328.03 feet to the North 1/16 corner; thence North 89038'33" West, 1,326.26 feet to the Northeast 1/16 corner and the REAL POINT OF BEGINNING. thence South 89°39'33" East, 791.84 feet to a point; thence South 00001'55" West, 363.82 feet to a point; thence North 89037'17" West, 191.37 feet to a point; thence South 00000'03" East, 509.64 feet to a point in the center of the Ten Mile Stub Drain; thence along the center of the Ten Mile Stub Drain North 67°30'48" West, 85.39 feet to a point; thence North 66°39'000 West, 357.40 feet to a point; thence South 89°35'00" West, 23.00 feet to a point; thence North 65°24'00" West, 49.70 feet to a point; thence North 85°32'12" West, 126.19 feet to a point on the West boundary of the SE 1/4 of the NE 1/4; thence departing the center of the Ten Mile Stub Drain North 00'03'53" East, 8.96 feet to the C -S -NE 1/64 corner; thence continuing North 00°03'53" East, 663.52 feet to the Point of Beginning. Containing 12.0 acres more or less. AND A parcel of land located in the SE 1/4 of the NE 1/4 of Section 10, Township 3 North, Range 1 West, B.M., Ada County Idaho, more particularly described as follows: Commencing at the quarter corner common to Sections 10 and 11, T. 3N., R. 1 W.; thence North 00000'03" West along the East boundary of said Section 10, 1,328.03 feet to the N1/16 corner and the REAL POINT OF BEGINNING. thence North 89°38'33" West along the North boundary of the SE 1/4 of the NE 1/4, 534.43 feet to a point; ORDINANCE Page 3 0 0 thence South 00°01'55" West, 363.82 feet to a point; thence South 89°37'17" East, 534.63 feet to a point; thence North 00°00'03" West, 364.02 feet to the Point of Beginning. Containing 4.46 acres, more or less Including from the above described land to the centerline of Ten Mile Road. is hereby annexed to the City of Meridian and shall be zoned R-4 Residential; that the property shall be subject to site planning review; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law or is not in compliance with the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval ORDINANCE Page 4 0 as required by law. 0 PASSED by the City Council and approved by the Mayor of the City of Meridian, , 1992. Ada County, Idaho, this day of APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: CITY CLERK -- JACK NIEMANN STATE OF IDAHO,) . ss. County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the day of 1992, as the same appears in my office. DATED this day of ORDINANCE Page 5 . 1992. City Clerk, City of Meridian Ada County, Idaho STATE OF IDAHO,) . ss. County of Ada, ) On this day of , 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he 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. SEAL Notary Public for Idaho Residing at Meridian, Idaho Page 6 • AF Khoo as= c asa2' - I 9 f 4 f P N O H ClarW L 1327.0V a F 4 -S-NE In• C0N -• oaJ'sY Fit - - - - - e I I 1 ,Q� 4 I I� a 000'TS0000' h I t z � r " I I K OOI'66' E 7!S!7 I I I »I I T;9 I pl I xl �I %I I I I ql i I I Ismh�3[ v tl M4.DV _b `1 1 li w, mo �0 >v.z Z >�o OP 0-{ C —I 2 zwm ? cn m E5 0- - INs 4 0 NE l0 30vsw 0 AMSROSE. PrZOERALD i CROOKSTON ARMMYOMW CawiMbn P.O. ee.427 -1 .. 'MMo 83142 TMKa1aMNMN1 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, November 17, 1992,.for the purpose of reviewing and considering the Application of JOINT SCHOOL DISTRICT #2, for annexation and zoning of approximately 12 acres for a parcel of land located in the SE 1/4 of the NE 1/4 of Section 10, Township 3 North, Range 1 West, Meridian, Ada County, Idaho, generally located at the SW corner of Cherry Lane and Ten Mile Road, adjacent to the East boundary of Fuller Park and the South boundary of Parkside Creek Subdivision. That the Applicant requests annexation with zoning of R-4 Residential, and lot line adjustment, into the city limits and the City proposes a zoning of R-4 Residential. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this Q D %ay of October, 1992. MERIDIAN CITY COUNCIL NOVEMBER 17 1992 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Giesler, Max Yerrington, Bob Corrie: Others Present: Ellen Andrews, Lila Hill, Rich Allison, Wayne S. Forrey, Troop 320, Kenny Kartchne, Bart Simpson, Al Coholic, Gary Smith, Jim Johnson, Wayne Crookston, Bill Gordon, Pat Tealy, Bill Briggs: MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 4, 1992: The Motion was made by Giesler and seconded by Tolsma to approve the minutes of the previous meeting held November 4, 1992 as written• Motion Carried: All Yea: Kingsford: Welcomed Scout Troops #174, 28 & 320 to our meeting tonight. The first item I want to comment on is a Proclamation Declaring the week November 22-28, 1992 as American Christian Heritage Week. ITEM #1: PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY MERIDIAN SCHOOL DISTRICT: Kingsford: I will open the Public Hearing and invite a representative from the School District to speak first. Rich Allison, 1108 W. 4th, was sworn by the attorney. Allison: The Meridian School District plan to acquire additional property for future development. It has acquired a site located at the corner of Ten Mile and Cherry Lane, adjacent to the Little League Field. This site we have acquired 11 acres and are in the process of acquiring one additional acre in order to do that we need to annex and zone the property so that the remainder that we leave the individual we are purchasing the property from will also be a legal parcel. Upon annexation and zoning we could acquire an additional acre and still leave him with a legal parcel, which would allow for a twelve acre Elementary site. The adjacent developer has been 'most cooperative in providing water, sewer and accesses as required by the School District. Therefore, we ask that this property be annexed and zoned into the City of Meridian. Kingsford: Your asking for all of the acres to be annexed? MERIDIAN CITY COUNCIL NOVEMBER 17, 1992 PAGE 2 Allison: We're asking that 16 total acres be annexed. Kingsford: Thank you. Anyone else to offer testimony on this issue? No response. I will close the Public Hearing. Giesler: Questioned one of ACHD's requirements. On Findings of Fact #2, "no direct lot access to this street will be allowed". I'm not sure that I understand what that means. Allison: The design of the subdivision itself provides for a primary right of way into the school. The primary right of way into the school will be a 50' easement paved road which will not have any houses fronting it from the Collector status street that serves that secondary road. Tolsma: There is two proposed access into this property, correct? Allison: Yes actually there are three. The Motion was made by Tolsma and seconded by Corrie that the Meridian City Council approve the Findings of Fact Conclusions of Law as prepared for Planning & Zoning. and Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Yerrington to have the attorney prepare the Ordinance for annexation and zoning. Motion Carried: All Yea: ITEM #2: PUBLIC HEARING: REQUEST FOR CHANGE IN IMPACT AREA BOUNDARY BY BEDELCO, INC: Kingsford: I will representative open to the Public Hearin speak first. 9 and Bill g,., i Briggs. gIs' don't So. OrChardi Boise, Was ques ve tions 1 wouldtbeahap Pyntohin9weroadd them. invite a sworn by the attorney. but if there are any i MERIDIAN PLANNING & ZONING OCTOBER 13 1992 The Regular Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Charlie Rountree, Jim Shearer, Tim Hepper, Moe Alidjani: Others Present: Grant Kingsford, Ron Tolsma, Bob Giesler, Bob Corrie, Max Yerrington, Bill Gordon, Gary Smith, Rich Allison, Dr. Nancy Napier, Michele Sherer, Jerry Nyman, Becky Bowcutt, Dan Mabe, Wayne Crookston: MINUTES OF THE PREVIOUS MEETING HELD SEPTEMBER 8, 1992: The Motion was made by Alid.jani and seconded by Shearer to \ approve the minutes of the previous meeting held September 8, 1992 as written: Motion Carried: All Yea: ITEM 01: PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY JOINT CLASS SCHOOL DISTRICT #2: Chairman Johnson: I will now open the Public Hearing. Rich Allison, 1108 W. 4th, was sworn by the attorney. Allison: As you know the Meridian School District is beginning some long range planning in order to meet the future requirements of the district. They acquired some property which is located immediately east of Fuller Park. We've asked for the property to be annexed and zoned for two reasons, one of which is that there's an additional one acre parcel which the school district would like to purchase, currently belonging to a Mr. Massengale. We couldn't buy an additional acre without the property being annexed and zoned for the City of Meridian because we would create an illegal parcel for Mr. Massengale. We have read the comments from the various departments. We have reviewed the site plan with the developer. The Creekside Subdivision which is immediately to the north, he's willing to provide access to include a 50 foot street which would not have homes built on the street. Secondary access is required. We further checked with the City Engineer prior to considering the site with regard to fire flow to meet the minimum requirements for an Elementary School. Further reviewed drainage plans and other utilities which would be provided by the developer to include water, sewer, gas and proper fire flow. 0 MERIDIAN PLANNING & ZONING OCTOBER 13, 1992 PAGE 2 Chairman Johnson: There is subdivision to the immediate Creekside. Any questions of the else to testify on this request? public hearing. one correction, I believe the north is Parkside rather than applicant? No response. Anyone No response. I will close the The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper — Yea; Rountree — Yea; Shearer — Yea; Alidjani — Yea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and compliance with the Ordinance of the City of Meridian. Motion Carried: All Yea: ITEM #2: PUBLIC HEARING: REQUEST FOR CHANGE IN AREA OF IMPACT BOUNDARY BY BEDELCO, INC.: Chairman Johnson: I will now open the Public Hearing. Is there a representative that would like to come forward and address the commission. Becky Bowcutt, Briggs Engineering, 1111 S. Orchard, Boise, was sworn by the attorney. Bowcutt: I am representing Bedelco tonight for this request. This particular parcel consists of 74.33 acres. It's under primary jurisdiction of Ada County and it is split by the Area of City Impact Boundary for Boise and Meridian. 85.3% of the property lies within Boise's Area of City Impact. We have applied with Ada County for 155 residential lot plan development with ten open space lots consisting of medians and then we also have a potential well site for south county water company. We have also extended to the Meridian School District and the Boise Parks Department a site for a school and park. The beauty of our 0 ANNEXATION & ZONING REQUEST JOINT CLASS SCHOOL DIST: # 2 C O M M E N T S 1: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS: 2: CENTRAL DISTRICT HEALTH: CAN APPROVE W/CENTRAL WATER & SEWER: 3: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS: 4: CITY ENGINEER: SEE ATTACHED COMMANTS: 5: POLICE DEPT: NO OBJECTIONS: 6: PRELIMINARY FINDINGS HAVE BEEN PREPARED ON THIS REQUEST AND ARE ATTACHED FOR YOUR REVIEW: 7: FIRE DEPT: WILL NEED GOOD EGRESS & INGRESS, ALL CODES WILL NEED TO BE MET: WILL NEED GOOD WATER SUPPLY: 6: PUBLIC HEARING HELD BEFORE THE PLANNING & ZONING COMMISSION ON OCTOBER 13, 1992, PLANNING & ZONING HAD PRELIMINARY FINDINGS AND RECOMMENDED THAT THE CITY COUNCIL APPROVE THIS REQUEST: (COPY OF FINDINGS ATTACHED) CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary TO: ACHD Commission FROM: Development Services 0 INTER -DEPARTMENT CORRESPONDENCE MERANNX / D3TECH 9-24-92 DATE: September 14, 1992 SUBJECT: MERIDIAN - Annexation S/O Cherry,W/O Ten Mile School Site (Joint School District #2, Meridian, ID 83642 - 888-6701) FACTS & FINDINGS: I. Joint School District #2 is requesting annexation into the City of Meridi- an of 12 acres of property located west of Ten Mile Road south of Cher- ry Lane. The zoning will be R-4 and an elementary school is planned • for the site. 2. Access is proposed to be be taken from the end of a proposed local residential street which is in Rod's Parkside Creek Subdivision. This phase of the subdivision has not been constructed yet. This street stub was not shown on the preliminary plat application that was ap- proved by the District. No direct lot access to this street will be allowed. 3. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on October 28, 1992. The following requirements are provided to Meridian Planning & Zoning as conditions for approval. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Contact Con- struction Services at 345-7667 (with zoning file number) for details - Oda county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 O z b LW r N 3 N q H 9 K z tz a r ur 0 4 El ;V O rt n w N G M rn G H 7? O b rH-' r• C rRi, 'S C n x R n •Gy w a m w Y• Co H a H m op rn n. m m m 2 n w (D H aI• rn o a m w (D N S N 0. 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SMITH, P.E. -7 RE: RE: MERIDIAN SCHOOL DISTRRIC'f ELEMENTARY SCHOOL SITE ANNEXATION & ZONE CHANGE I have reviewed this submittal and have the following comments for your information during the hearing process: 1. This parcel is contiguous to the existing city limit boundary now known as the southerly boundary of "Parkside Creek Subdivision" and the east boundary of "Fuller Park". 2. This parcel will need to take access through Parkside Creek Subdivision for vehicular traffic, sewer service and water service. 3. Sewer service will flow to the west, ultimately into the new lift station being built by the Golf View Estates No. 2 Subdivision. Investigation needs to be made as to capacity of this lift station to serve the school site and the exact route of the service line to a public right of way. 4. Water service will be from a 10 inch diameter water line to be built in Parkside Creek Subdivision" that will need to be extended from a point on Ten Mile Road just north of the Eight Mile Lateral crossing. Fire flow was measured from a hydrant on Ten Mile Road near the LDS Church for the school district prior to their consideration of this site. 5. The annexation description for Parcel "D" needs to include the west 1/2 of the Ten Mile Road right of way. AMBROSE. FIRDERALD Own.N«. P.O. BOK 427 0 0 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JOINT SCHOOL DISTRICT #2 ANNEXATION AND ZONING SE 1/4 OF THE NE 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 13, 1992, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for October 13, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 13, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 AMBROSE, PnMERALD DD "W8 P.O. Box 427 0 0 reference is incorporated herein; that the property is approximately 12 acres in size; it is near the southwest corner of the intersection of Cherry Lane and Ten Mile Road, it is adjacent to the East boundary of Fuller Park and the South boundary of Parkside Creek Subdivision. 3. That the property is presently zoned by Ada County as AG Agricultural; that the Applicant requested that the property be zoned by the City as R-4 Residential. 4. The general area surrounding the property is used agriculturally, for a park and a subdivision is being developed to the north. 5. The Applicant is the owner of record of the property and has requested the annexation and zoning. 6. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 7. That the parcel of ground requested to be annexed is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 8. That the property is in the WARRIOR NEIGHBORHOOD as set forth in Policy Diagram in the Meridian Comprehensive Plan; that NEIGHBORHOOD is defined in the Meridian Comprehensive Plan as follows: The neighborhood is a residential area with uniform characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one -and -one-half miles across is usually used PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 AMBROSE, FITZGERALD &CROOKSTON Attomeyttnd Ownplem F.O. Bot 427 MWIdIM, WYm B:B42 T111ph" 888"1 0 0 for planning purposes. it has facthe tiesit forin easc unity lking distances .and provides identification. 9. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 10. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots which will require schools. 11. That the property can be physically serviced with City water and sewer. 12. Ada County Highway District, the Department of Health, the Nampa Meridian Irrigation District, City Engineer, Bureau of Reclamation and City Fire Department may submit comments and such shall be incorporated herein as if set forth in full. 13. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 1 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single- family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 AMBROSE, 0 0 Meridian. 14. That public schools are an allowed use in the R-4 Residential District; the ordinances of the City also require that land be zoned upon annexation. 15. That the Applicant intends to construct an elementary school. 16. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 17. That these Findings of Fact have been prepared prior to hearing and the Planning and Zoning Commission reserves the right to amend them if necessary, after the public hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to Section 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 0 0 Code; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and the Applicant shall be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review and the Subdivision and Development Ordinance. 10. That since the Applicant's property is in the WARRIOR NEIGHBORHOOD of the Comprehensive Plan, the annexation and zoning AMBROSE, would be in conformance with the Comprehensive Plan. n0 PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 .w NO* W !884461 AMBROSE, FITZGERALD •CROOKSTON ANomm 4 M C Gebm P.O. SW 427 MmM W1 M" 83842 T4M0w 8084461 11. Therefore, based on the Application, the probable testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property could be annexed and zoned; that such annexation and zoning would be orderly development and reasonable. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation. 13. That the requirements of any irrigation district and Ada County Highway District shall be met as well the requirements of the City Engineer. 14. That the annexation and zoning of R-4, Residential would be in the best interest of the City of Meridian. 15. That these Conclusions of Law have been prepared prior to hearing and the Planning and Zoning Commission reserves the right to amend them in necessary, after the public hearing. PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 AMBROSE, FRZOERALD B CROOKSTON AIIOm/y/ wA CounwWn P.O. Box 427 MWMMn. MMa 83042 TWPRarBIHM7 0 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED_ DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and compliance with the Ordinance of the City of Meridian. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 In LV i 4 H 3 Y. r w r N E2 4 M� vi a+ n x N � •• E2 4 M� REVIEW SHEET Rezone # Conditional Use # Preliminary/FinaV.1 Plat • DIS T JkL IC C DISTRICT HEALTH ❑ 1. We have no objections to this proposal. ❑ 2. We recommend denial of this proposal. 0.J Return to: ❑ Boise ❑ Eagle Garden City M�Merkiian ❑ Kuna ❑ ACz ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ❑ 4. We will require more data concerning soil conditions on this proposal before we can comment. ❑ 5. Before we can comment oonceming individual sewge disposal, we will require more data concerning the depth of ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. we c n approve this proposal for individual sewage disposal to be located above solid lava layers: 2 feet 4 feet 07. After written approval from appropriate entities are submitted, we can approve this proposal for: n Central sewage ❑ Community sewage system❑ Community water well ❑ Interim sewage ® Central water ❑ Individual sewage ❑ Individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: Central sewage ❑ Community sewage system❑ Community water Sewage dry lines ® Central watbr ® 9. Street runoff is not to create a mosquito breeding probelm. ❑ 10. This department would recommend deferral until high seasonal ground water can be determined it other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan reiew for any: ❑ Food establishment ❑ Swimming pools or spas ❑ Beverage establishment ❑ Grocery store ❑ 13. ❑ Child Care Center DATE: ezll Z - Reviewed by: CDHD 10-91 rcb HEN yN R+ O N H 3 M w H HH � 4 ro rn 3 H 'Z H N RzgI gg� � H H H H Oz O q H y r .. a+ En ev K 8 z� d � � ro H £ H 0 0 � N • N [s1 yN H HH H 1 4 v d � 3 y .. a+ En ev £ H 0 0 AMBROSE, FITZGERALD Counselors P.O. Box 427 885401 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, October 13, 1992, for the purpose of reviewing and considering the Application of JOINT SCHOOL DISTRICT #2, for annexation and zoning of approximately 12 acres for a parcel of land located in the SE 1/4 of the NE 1/4 of Section 10, Township 3 North, Range 1 West, Meridian, Ada County, Idaho, generally located at the SW corner of Cherry Lane and Ten Mile Road, adjacent to the East boundary of Fuller Park and the South boundary of Parkside Creek Subdivision. That the Applicant requests annexation with zoning of R-4 Residential, and lot line adjustment, into the city limits and the City proposes a zoning of R-4 Residential. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED thi4/'y�h day of September, 1992. l JACK NiEi CITE CLERK I PS Form 3877. Oct. 1988 FOR REGISTERED. INSURED, C.O.D., CERTIFIED, RETURN RECEIPT FOR MERCHANDISE, AND EXPRESS MAIL _ r C m»d n- mxm 3 Z m D z a�C O O O O O O O O a.o m m r to OD r V0) r In r ,P F- W H N xm m e C r� W�. m m O r i~w�EODmr� ppto Gl `.I OO �a7 Hz ul I r a� »Q Ln I<O> zrzzz Ln 3 Ex�l VUl1 OD �z 4 Ln ,0D "L C7 z Z� m 3O 3 "^ H b7H�lHHCC^bOG�i�[H•7 rn �H�77 in mH�lb nm m m Z 'L' •A LT3l 27 � ATi N Hc � M H tl fL�� � � H 'm [•l l Cil Ltl to o H H LriJ ., b� m y m m N O O °mmT» H HyyZHo �t H OOO � abO 2D . Hb Ol w OD T N O 5,asEs to w Do moc21.nz W 03 1 N N N OD $'gR < Po N O P W ON o ❑ ❑3^ 3 N m oE. m 6'Q rt Ta�=3 nm ❑❑``ate mAo'3 mm $5' m 19 z.. ro „ o 0 3$ yy ma z0 Ob ami oRa,3° om �wuert On o» c�^8F _. ° m R oo,T ag n� T.a yy 2 m'3m Km b y v Tm zmm Y 'm'oc Cl � 5'rvCR c TV mV y Q�_o9 �3 m. e a" m•°.3 3 0 a T Q X430 x, u JOINT SCHOOL DISIRICT NO. 2 ADA & CANYON COUNTIES . MEHDIAN. IDAHO 63642 CHECK NU 34975 i i DESCRIPTION FISCAL Y -T -D CALENDAR Y -T -D CURRF W', 8/25/92 Annex/zoning - 10 mi rd site 420.810.510.118.941 640.00 I I I I 14 I I� I I IHI IH1 14 ow rn o o m 0 d x m E 4 o �a7 y Hy tlj y ro Ky L: y 'AAH7 ^„ Si yvay o H {m O 10, H H z 'I rn � ro En r g in 8 c[�royyjj g M igj 07 H1 Fi H zy Ok t x� Gz] W .e �QQi7 0 • . SUPERINTENDENT OF SCHOOLS Dr. Nick Hallett DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration ASSISTANT SUPERINTENDENT Bob Haley, Instruction & Personnel DIRECTORS Jim Carberry, Secondary Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET MERIDIAN, IDAHO 83642 PHONE(208)888-6701 August 25, 1992 City of Meridian 33 E. Idaho Meridian, Idaho 83642 Dear Councilmen: This letter is to request annexation, rezoning to R-4 zoning and lot line adjustment for a parcel of land located in the SE 1/4 of the NE 1/4 of Section 10, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 10 and 11, T.3N., R.1W., B.M.; thence North 00000'03" West, 1328.03 feet to the N 1/16 corner; thence North 89038133" West, 1326.26 feet to the NE 1/16 corner and the REAL POINT OF BEGINNING. thence South 89039133" East, 791.84 feet to a point; thence South 00"01'55" West, 363.82 feet to a point; thence North 89"37'17"West, 191.37 feet to a point; thence South 00000'03" East, 509.64 feet to a point in the center of the Ten Mile Stub Drain; thence along the center of the Ten Mile Stub Drain North 67" 30148" West, 85.39 feet to a point; thence North 66039'00" West, 357.40 feet to a point; thence South 89035100" West, 23.00 feet to a point; thence North 65024'00" West, 49.70 feet to a point; thence North 85032'12" West, 126.19 feet to a point on the West boundary of the SE 1/4 of the NE 1/4; 0 0 thence departing the center of the Ten Mile Stub Drain North 00^03'53" East, 8.96 feet to the C -S -NE 1/64 corner; thence continuing North 00"03'53" East, 663.52 feet to the point of Beginning. Containing 12.0 acres, more or less. Sincerely, /�--�� ` �a-k Dan Mabe, Deputy Superintendent DM:gr STATE OF =c( u�^e , County of A a{ a 'ss. On this k5 day of /-1 1u s t , in the year of /qq2 , before me Eet ,- m/1- , a notary public personally appeared o.., - b01 , known or identified to me to be the person (s) whose name (s) J,.A. subscrd to the within instrument, and acknowledged to me that he executed the same. Notary Public: l0. Residing at: My Commission Expires: 0 APPLIATION FOR ANNEXATION APPROVAL & . ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION I. GENERAL INFORMATION PROPOSED NAME OF S.W. of corner of Chi (GENERAL LOCATION) FILING INFORMATION ION) & Ten Mile Road See attached LEGAL DESCRIPTION - ATTACH IF LENGTHY) Al Massengale 888-3612 1115 N. 10 Mile Rd. Meridian 83642 Joint (OWNER(S) OF District # ORD) (NAME 825 N Meridian Rd Meridian 83642 (ADDRESS) (TE NO. Joint School District #2 (APPLICANT) (NAME) (TELEPHONE N0.) ADDRESS) Hubble Engineering T Peugh (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE NO.) 7025 Emerald ADDRESS) Boise (JURISDICTION(S) REQUIRING APPROVAL Residential (R-4) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) S OF LAND IN CONTIGUOUS OWNERSHIP - _ ',' nmon v.� �� (FEE) E 0 THESE ARE ITEMS NEEDED FOR ANNEXATION & ZONING REQUESTS 1. Name, address and.phone number of applicant; Joint School District #2 888-6701 2. Name, address and phone number of owner of subject property, and proof of title in said owner; Joint School District #2 DEFD 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner; Joint School District #2 and Copy of E.M. 4. Legal description of property; Si3E ATTACHED 5. Legal description of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property; 6. Present land use; Av 7. Proposed land use; School -(R-4) 8. Present district; County 9. Proposed district; City of Meridian 10. Characteristics of subject property which make the zoning amendment desirable; Adjacent to city park with water & sewer available in near future. 11. Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; annexed & zoned on 2 sides 12. One (1) map of scale one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; SEE ATTACHED 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; SEE ATTACHED 14. A list of the mailing addresses of all property owners, from authentic tax records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the property being considered; SEE ATTACHED 15. A statement of how the proposed zoning amendment related to the Meridian Comprehensive Plan; CONSISTANT 16. A fee as established by the Council; Less than 1 acre = $400.00; Over 1 acre = $400.00 + $15.00 per acre over portion thereof. In addition to above fee applicant shall pay cost of certified mailings at rate of $1.29 per notice. 17. The property will be posted l week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. PIONEER TITLE COMPANY OF ADA COUNTY 821 West Smote Strcd / Ww. IdAct 83702 QW)336-6700 888 Nath Cok Road / Boise. Idaho 83703 1208)377.2700 9245914 PIONEER TITLE CO. AD: ^:.".T1.:0.FOR J. DAVID N:.'.:AR0 RECORDER 8 '92 JUL 10 Piz 3 25 SP:\PF" Aa0\t fila NLtt W waG nae a RLY1L'WED i APPROVED BY.LW— WARRANTY DEED )` ,:nolv:Owe. - FUR V'ALU'E RGCFIV'FU BETTY J. MOSHER. as Personal Representative of the Estate of DWIGHT C. MOSHER. deceased. and BETTY J. MOSHER. a widow (iR:\S'tONr.r.dwWur hn•F. GRYV I. H \K.1 \I\. tFi I .end t'1 JOINT SCHOOL DISTRICT S0. 2 GN.\SIT[Erar,xh..a•.unnn a.Aln,. . .1!/ 77:c<./i i' '—.<Ll a':"� •�i.C�_�ti-<•� y Ih. hdlox mg devrhJ real prolan. ur Ada r �:.::: ,.• t Lrb.• � . rt rune lamnvlarh JevuA.d a• hdlnx., r.• x n 1' _I See the attached Exhibit "A" for legal hirl by this reference 1•: incorporated herein. ci Ks 1 rte' M TO IIA\F. A\D TfI l1111"U lhr.aw yrnm... xrlL lhvr .q`tvrtlenan. c. nn.. it. ..... I lir..nrev.. annr-, Ire n..nul a..rxn. toreaar. And the i.d Umm.ar.LFa.rrl.n lmr;ha ar .c..ml h, an.lx nh,h, v:J (it ... Ill. r th, r.r.orl.• n. .,.a,x ncn•. in na wnrpko(vsf prrm:.a•..Ihm arrdprcnnv.ncl•rr nunr .. ....a.r..r..pn nm.r.lc wFpcl an lanrmarlr..ullercJmdup.h. IFv l:unra.-.m.t•nhryano re.n..no.n.. n•an. n..,...t,,!", way anJ agrcan+r:.. ut an. nd naanJ. n J gl oe,.J la.e..nxl a.v..anon.. nr.lu.k. mrpamr : vi _.....nxlN• ut .nn Inr deterrent "j%ahKh are nm .PI dW aM p.nahlc .IaJ nlal14i'llor.r .,It x.vram arul le"ild ILc -an„ :,uL all Lxtul.tarn. ahalYlr.ar. Cutnt. July 10.. 1992 gay 176brier. as ersonai Representative Betty J. Mosher of thif Estate of Dwight C. Mosher, deceased STATE OF Idaho ._. C<wmy oI___—.—. On this_��� Ja, of 1u1Y. . rn the lra m ._..__1992 m . Wore e _Jm.G_L"Blench____.... a mvar. pulls. prrwnally appeard Batty._.I___Moshet __ _ Lsoxn or :Juni f'd to nw to he (he lan..ar nr ohoe name I t _ls , _ uF.. uta 1 1 ' xrthm mtnmwnt,asJ«.Lm hJgN to me that_ hr e.c�ulrJ the a Nvaiwis Renrdrng at __ as I_a._a____ i Vh Canmrrc 3/17197 E 0 FI EXHIBIT 'A' A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTION 10 AND 11, TOWNSHIP 1 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE NORTH 00 00' 01' WEST A DISTANCE OF 1,128.01 FEET TO THE NORTH 1/16 CORNER, THENCE NORTH 89 18' 11' WEST A DISTANCE OF 1,126.26 FEET TO THE NORTHEAST 1/16 CORNER, THENCE SOUTH 00 01' 51' WEST A DISTANCE OF 661.52 FEET TO THE C -S NORTHEAST 1/64 CORNER AND THE REAL POINT OF BEGINNING, THENCE SOUTH 89 17' 17' EAST A DISTANCE 601.01 FEET TO A POINT, THENCE SOUTH 00 00' 01' EAST A DISTANCE OF 209.64 FEET TO A POINT IN THE CENTER OF THE TEN MILE STUB DRAIN, THENCE ALONG THE CENTER OF THE TEN MILE STUB DRAIN NORTH 67 10' 48' WEST A DISTANCE C' 85.19 FEET TO A POINT, THENCE NORTH 66 39- 00' WEST A DISTANCE OF 157.40 FEET TO A POINT, THENCE SOUTH 89 15' 00' WEST A DISTANCE OF 21.00 FEET TO A POINT, THENCE NORTH 65 24' 00' WEST A DISTANCE OF 49.70 FEET TO A POINT, THENCE NORTH 85 32' 12' WEST A DISTANCE OF 126.19 FEET TO A POINT ON THE WEST BOUNDARY OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THENCE DEPARTING THE CENTER OF THE TEN MILE STUB DRAIN NORTH 00 01' 51' EAST A DISTANCE OF 8.06 FEET TO THE POINT OF BEGINNING. PIONEER Tm.E COMPANY OF ADA COUHT`/ a s "621 WtSt Sl�ye SRat! BoIFe IdaltD 63702 201II33�6 ✓; k r �s'• /' y' 688 NDn6 COIL RRad L BgFe, IdYto 83704 (2w) 377-2700::,".. 297328 WARRANTY DEED ,MpYIDUAL, FOR VALUE RECEIVED ALFORD'.. wA,,l,N;A'.F A`,D wAOREEN L. MASSENGALE• tfuSHAND 'd. AN, WIFE GRASTGRt'I. Jne'hkw hrrcM GRA\f. RANGAIS. tills. en,1 l't tSs Il' unu. ^; 67 :C ^":. 2 GRASTEEISi. wM•'e vrtem aJdre+' is t'nunc. \lem.n Llahu the folh wing d:wnheJ real p,nvn)m ::,A rnme panwularh dcv nhed a' follow', town- .j 't.E TrE A*7AC wf:j ••E w+.I H:T A - ,:r.. 1r ONE TO HAVE ASU TO If01 U the vid pcmiv.. wah tM a appuncnem;. unuthe ..u.l Guurca'i, and linntco a Mv' eM a'wge .� 4wever. And the .od Crmuwi.rdre.:dyh.•rch,am.nenl waml wnh thc•'a.d Granren'�. the Cunwo, n: ihcowncn.r:n lee simpk of'md pfcnu c,. that aid pemiw•%arc f ne lmm ell em mnhr.tn<r.. l:\f F.pT 'how to w M' h lM.:rm c' m.e n e'pn•'.h mile whjeet And lM+r masa. •uffe" ur June h1 the Cwnwa'r, am1'.hwcn• • ,,,j.wm'. re'rt•.hon'. dv,heatum'. n'emcnt'. right' of way am agmmcnN. u(any i ul rccad. and pmnl tavc' erns a'w•"menti. l imludc•' -n-gewm eiwl uuhq a"e"menb. ul eo) Inr the current )car, which an, nor )et due and pa)ilde. and this x111 wanam m.d .1rV•n.f the 'arms Ira:n ail lawful dmm' ! whatsoever. duty 9. 1992 _�.l%(f __ �% w - - .+ • -.-__1_%�. fps. v` ,pLFORD E. MASS .,GALE (MAUREEN L. P„,".. -"E g' STATE OF IDAHO .County of -__ ADA —_ • a. a On this IDTH __ N) of ___JULY_—__. in the +car of _..1432 __ before tie mxan Pohhc. personally a pps.,d_ALEORIL.E._.MASSEYGALE LSD `IALREEN.l_ .NASSOC-A v known or iderl to mem he the pefwm ," who c name i ARE_ — _ uh nMd to she anMn mstrymentcytJaJ.nuwleJged to me shat T le Y c•'rcutcJ to vme. , \mn P. ,iL�>�.1.--�---�" Re'aidmgac B _ _.. IDAH hyCummu't or, es.4 MTM.ECO. J. DAVID i::, RRO RECORDER D 6 �° a92 JUL 17 RM 9 32 $,ACE ABOVE Fat ItEC DM DATA WARRANTY DEED ,MpYIDUAL, FOR VALUE RECEIVED ALFORD'.. wA,,l,N;A'.F A`,D wAOREEN L. MASSENGALE• tfuSHAND 'd. AN, WIFE GRASTGRt'I. Jne'hkw hrrcM GRA\f. RANGAIS. tills. en,1 l't tSs Il' unu. ^; 67 :C ^":. 2 GRASTEEISi. wM•'e vrtem aJdre+' is t'nunc. \lem.n Llahu the folh wing d:wnheJ real p,nvn)m ::,A rnme panwularh dcv nhed a' follow', town- .j 't.E TrE A*7AC wf:j ••E w+.I H:T A - ,:r.. 1r ONE TO HAVE ASU TO If01 U the vid pcmiv.. wah tM a appuncnem;. unuthe ..u.l Guurca'i, and linntco a Mv' eM a'wge .� 4wever. And the .od Crmuwi.rdre.:dyh.•rch,am.nenl waml wnh thc•'a.d Granren'�. the Cunwo, n: ihcowncn.r:n lee simpk of'md pfcnu c,. that aid pemiw•%arc f ne lmm ell em mnhr.tn<r.. l:\f F.pT 'how to w M' h lM.:rm c' m.e n e'pn•'.h mile whjeet And lM+r masa. •uffe" ur June h1 the Cwnwa'r, am1'.hwcn• • ,,,j.wm'. re'rt•.hon'. dv,heatum'. n'emcnt'. right' of way am agmmcnN. u(any i ul rccad. and pmnl tavc' erns a'w•"menti. l imludc•' -n-gewm eiwl uuhq a"e"menb. ul eo) Inr the current )car, which an, nor )et due and pa)ilde. and this x111 wanam m.d .1rV•n.f the 'arms Ira:n ail lawful dmm' ! whatsoever. duty 9. 1992 _�.l%(f __ �% w - - .+ • -.-__1_%�. fps. v` ,pLFORD E. MASS .,GALE (MAUREEN L. P„,".. -"E g' STATE OF IDAHO .County of -__ ADA —_ • a. a On this IDTH __ N) of ___JULY_—__. in the +car of _..1432 __ before tie mxan Pohhc. personally a pps.,d_ALEORIL.E._.MASSEYGALE LSD `IALREEN.l_ .NASSOC-A v known or iderl to mem he the pefwm ," who c name i ARE_ — _ uh nMd to she anMn mstrymentcytJaJ.nuwleJged to me shat T le Y c•'rcutcJ to vme. , \mn P. ,iL�>�.1.--�---�" Re'aidmgac B _ _.. IDAH hyCummu't or, EXHIBIT "A' w *A�PARCEL OF I.AHD LOCATED IN THE NORTHNALF OP THS SOUTHEAST ;QUARTER:OP':TYE: NORTHEAST QUARTER. OPSECTZON 10, TO/INSHIP 3 NORTH, ..;. :RANGE1rWESTr: BOISE MERIDIAN. AD71 COUNTYl:IDAHO, MORE r ^F PARTICULARLY DESCRIBED AS FOLLOWS:: CJMMENCZNG AT THE QUARTER CORNER COlDION TO S£CTION10 AND 11, TOWNSHIP 3 NORTH, RANGE1 WEST, BOISE MERIDIAN, THENCE. NORTH 00 00' 03' WEST A DISTANCE OP 1,]28.01 FEET TO THE NORTH 1/16 CORNER, THENCE .NORTH 89 38' 33' WEST A DISTANCE OF 1,326.26 FEET TO THE NORTHEAST 1/16 CORNER AND THE REAL POINT OF BEGINNING, THENCE SOUTH 89 38' 33' EAST A DISTANCE OF 702.09 FEET TO A POINT, THENCE SOUTH OO O1' 55' WEST A DISTANCE OF 363.78 FEET TO A POINT, THENCE NORTH 89 37' 17' WEST A DISTANCE OF 101.62 FEET TO A POINT, THENCE SOUTH 00 00' 03' EAST A DISTANCE OF 300.00 FEET TO A POINT, THENCE NORTH 89 37' 17' WEST A DISTANCE OF 601.03 FEET TO THE C-S- NORTHEAST 1/64 CORNER, THENCE NORTH 00 01' 53" EAST A DISTANCE OF 661.52 FEET TO THE POINT OF BEGINNING. y d`7 O IV IV N 217 ! r OL ESTATE PURCHASE AND SALE AGREEMENTECEIPT FOR EARNEST MONEY + THISM A /EOALLr LLIIIDBHO COMRe4T. READ Ym ENNR! Dop1YENT, WCIUBI N T� abN pram PROVWIONB dl THE MivEAse a2 E i AND ANy ATTAp1YlITTa, CARlWIlr, 96a01E SNNIWQ W T�OU H ANF DllEwno N, DDINW VOM ATroom B9o1Ri WINNING.a ..r• a .. I r, ' "'"�C. i� asI .IdW* - wl.s JA 111(� 2' e Commonly NY'U" AND UUMPIETE IEBKTIEBGNIPtgN WW BE MBENIEDzl1110"NICHED PRIOR M EXECUTION BTBELIER. Buyer MMy euNMYs booker b Insert aw, ,o h4agahea MeccuroglssBaldYagebndtla premis MuevaYMedlW Nmed elpnsrq,«bcenaa th eglaxculllioe peedaresy areered Nerlme«rsabmlpleN.) n EARNEST MONEY. 1 ` (q Buyer are u aunsel malty sera • naw a 1NIaw admbaNagd d C N L i YEA u C A t.lr\ � �i�t palero ,a R z I smerNM bT n Case (�Pereo,eat CWck n Coshed Check n Nob Due lo) En Money b N deserted M Whole A000uM upper aCeOt by W perHx shut ShAtpo WW by U Ll,s b HN berm d ie pru I hisel ,nal area IbW the mmrnplalaly sbaba d balers Copy of HNa epeaxre W Is mpo . for m• .Q. o (c) If as wndltbm haw been mar by Buyer Buyer and Bear aEraa thus tho earnest money Mee craEN Wort Neer, shut any odour Buyer'. cops) pull W relousn! W Buyer Is In M. owns Buyer or SaIMr aWaenmare IN mare der to dmlmMeM:x beyap mW Cclma. to (d) The parer apse that 1XN Company eWH prowWa dW poky that «NlmNvy roger of norllmHmam aeld Ma'idxin/ b egncy" Nr ih Yxlbn shall M E2P•ljg;lpA' _ . II a bhp tehm escrow I cdloc1bn Ic Imolvea, then H,a arrow WWor xarl W 21 22 1. TOTAL PURCHASE PRICE IS fl � / d LYI �r4 n, Instable xiY :,- .s. eve) e / L Cash dwn. McWBM eHais Earned MANY (CWgrro COW eY eddWKAQ. 25 b. F� Dil[T An.,BManee d IW p mhaY pria (M.I.P. era Included), n 2. FINANCING. Byer to secure HI. moxWp f7mctrW O FHA, ❑ M. o Can, ❑ INA, CI Fm LA, o Asmptbn a meet, Wada). n (a) ❑ NEW FMNNCOG, Purchs Wan b �7'rla�ee aEoweb a pakl d_—years q__%pere...(If FIN a W ban W sarpW, lens lW eppACWle W p ISIQM on IW rawness alder heml.) Buyer 6s�Idmere Man _ pdW peer «IDrusbn W H any. SNNr b pay only Ms demount pokes ne09aery, in order a b dleln abs dagpWx Rrredr0 boat rus pa Aoy rogANbn W p&ft pros oar aIXr+te b Ha beruslt d HIa O Buyer ❑Saler. 30 NI ❑ ABSUMPININ. BrlYssn b ABBUME and ❑ tans a O ate era W n W b "Wy tar an EXWTM LOAN(B) d ap«ox ** t m but W more than _ %aith monWy psymeree a approalmNsly i . ❑ P ❑ 1 ❑ T 01. W This spYmere O a1Y O dere eat rpuko Lender b rsleYe SSY's NOW Typa Is bon Buyer MIRY apply 1IX.rNh lope W assumpose x1111111 Bassa M days Bstl.Ye of disc era FIw pepPrw �pwn� H 3.OTHER FINANCING. TERMS AND/GR CGNGITIeNRe .. 1n ..., � -+ -L•.. t 1. _... _ .> _\ _. � �Ty... ��. _ _ /. CONTINGENCIES. li SeNers 3 day eorelnl.ncy wgGer 1. mumbled beat, .ere Item x113 on raw. eke hared. eery W" by she Buyer nee W a a.lwr, of as oohb B w IW (-0'd Naga Ma maMpxW. wFM (b) O New FlnencnglAmorgkn _ The apaemans a cotangent upon Buyer(e)/p opariy Wasting By IN abo2o rlx«bad MYcMB. O Ds O Dox NOT aploln SMVe cm aVm, ashas, (ml ❑ clomv o1 x « beMa Acted any ❑ Deas ❑ Doer. NOT caH.W SOW'S CIXMI+pmW velar. (ol ❑ OMer (amnum O DYs ❑ Dox NDY contain Sales baallrlw y seem ' 6. ITEMS SPECIFICALLY INCLgDED IN THIS SALE (H uN "ere "1 eteowni ax Wm a 15 mer reads kaa): L G Pager 6. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: if S c ^- <i 7. COSTS PAID BY:mouskagNllplwH NeedbaamaybeWourrxby BuyerandS ..N11esadWneaepetl lalaW,IXpr«itl.dM W«regarod b/kauter Boyer shay p«Cham swee, Imam, «sax H Ian asaryix. APPMOIAL- H "phossI a rogM1ed baa, broad app« a x save ths, mplerad pries. ❑ Tea IE Na PuNgxrY Eslondx CowrYs nue pM4v ram—a, AM Nn.I „r.,..u......0 w 1J/ A _ _. __. ___•.-1111_... .-._.-. h reeked by lolbar IX Clllerwla. alWd heroin, lW baker Coe'aM a pus Y Y,aged. case,Pel HepM.Ceak IpntY Fon 11,11 1111... . ,,,, ,111,1. w. !� funds Bum WA X aeNel wrNENMu t:ew a wear a spa rop.Ea era b bAmoad i DWONII Poke b W NW Y a11Yd on Hua N W N SEU.ER UNDEg3pgpg NOIrASro IS COyaEy«rnDER THIS ENI. BE WAIAXE gElM1ISbHN p'gOaryhaNerbmmgy wEh M. Aarshp xW NNEYHEN I7R NOI A S9LE 13 COMPLETED UNDER 1HIS AGREEMENT S. POSSESSION. Buyer se.0 be memo to possesses, m y doe" o am, maw ma dW x a "ch Y doclasY aro aWwr e/caad «acxpNY macroud d by s agM Meta Ma em Wildlife prxaWildlife~.. a b STeam qW aper ua4u W(uMnSiW eq annumbe wgnxl Ya buel.roMe. iWroq any Ismwe,Mne, ancumbrarpaaadXyWbu aYumM and utWNa aWH be ph,. "of Buyer tluN pry Wr hot In one, smarm b W dgnmleed by on, uppW M a,s* Y,name. 6. CLO: INQ On « tlro doakO dW, ��rrMMrr owed SSMr eheAdp«N tan s ckgng apsnry an Iauta ere WgrarroW neseary m mmpMs tW aa. elle doom dW shall W W lWr mx_1 10. ACCEPTANCE.. Buyers bear Is ,YM NbJM p are, a�oeeq«,a. a Satan W or bars IM o'ack mbbW, a- ZS Sd safer doer. not eccepl me apxnlna aWIEI ms tlma eparNAW, ft elks U~ Moony q W rsruMM W layer x aemgut. TIME Is OF TME E88E THIS AOREEaENT O m Wasub.Adaandum(s). ❑ See stagn art Counter OIY(s). 11. IMPORTANT - AGENCY DISCLOSURE. wa dle�l el w sipnkq Mb aDeIXnnM IN rPH aohWB alar sE aren document Eger roprouaM r= mil;,:LF^ erW ftgns w«kilp lue ms rapxerYd L , ,. ,�., j• .. YE gm MpnWpmnflmr has ab -lean Bury.r: On mut ata, Buyers Mdraea: Boars Phone: Reald.rex qua mos WM M ON .Eras a/rxmeM and apse W Yrry M ate IN Iamla Beml on the pan of IN Beller. use: BalNrs {Mone: RxkNnee Saner.nld eoe+MkpO mea hM W legal Buyer } OF 11N8 PAGE &TAIL ALSO CAN OF TI Bu.Ws all and, «xMs, Is hemby as awso an lee er el ,T,c ENG1W • NUBBLE ENGINEERING, INC. 7025 Emerald • Suite 200 • Boise, Idaho 83704 11 (208) 322-8992 9 Fax (208) 378-0329 LEGAL DESCRIPTION FOR JOINT SCHOOL DISTRICT NO. 2 COMPOSITE DESCRIPTION OF PARCELS A, B, AND C A parcel of land located in the SE1/4 of the NE1/4 of Section 10, T.3N., RAW., B.M., Ada County, Idaho, more particularly described as follows: Wn Commencing at the quarter corner common to Section 10 and 11, T.3N., RAW., thence North 00°00'03" West, 1,328.03 feet to the N1/16 corner; thence North 89038'33" West, 1,326.26 feet to the NE1/16 corner and the REAL POINT OF BEGINNING. thence South 89°39'33" East, 791.84 feet to a point; thence South 00001'55" West, 363.82 feet to a point; thence North 89°37'1T' West, 191.37 feet to a point; thence South 00000'03" East, 509.64 feet to a point in the center of the Ten Mile Stub Drain; thence along the center of the Ten Mile Stub Drain North 67030'48" West, 85.39 feet to a point; thence North 66039'00" West, 357.40 feet to a point; thence South 89035'00" West, 23.00 feet to a point; thence North 65024'00" West, 49.70 feet to a point; thence North 85032'12" West, 126.19 feet to a point on the West boundary of the SE1/4 of the NEI/4; thence departing the center of the Ten Mile Stub Drain North 00003'53" East, 8.96 feet to the C -S -NE 1/64 comer; 92088 - Joint School Dist. 2 (7/7/92) Page 1 of 2 thence continuing North 00003'53" East, 663.52 feet to the Point of Beginning. Containing 12.0 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. '04431 o y�%=)� oe F 0' 4-RRY Q% D. Terry Peugh, L.S. DTP/dkg/235.des 92088 - Joint School Dist. 2 (7/7/92) Page 2 of 2 NUBBLE ENGINEERING, INC. • 08/378-0329 9550 Bethel Court ■ Boise, Idaho 83709 PARCEL D Record of Survey No. 2208 Section 10, T.3N., RAW., B.M. 208/322-8992 ■ Fax 2 A parcel of land located in the SE1/4 of the NEI/4 of Section 10, T.3N., RAW., B.M., Ada County Idaho, more particularly described as follows: Commencing at the quarter corner common to Sections 10 and 11, T.3N., RAW.; thence North 00000'03" West along the East boundary of said Section 10, 1,328.03 feet to the N1/16 corner and the REAL POINT OF BEGINNING. thence North 89°38'33" West along the North boundary of the SE1 /4 of the NEI /4, 534.43 feet to a point; thence South 00°01'55" West, 363.82 feet to a point; thence South 89°37'17' East, 534.63 feet to a point. thence North 00°00'03" West, 364.02 feet to the Point of Beginning. Containing 4.46 acres, more or less. EXCEPTING therefrom road and ditch rights-of-way. Prepared by: HUBBLE ENGINEERING, INC. D. Terry Peugh, L.S. DTP/dkg/288.des Project No. 92088 MA L i L REAL ESTATE PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY .. THIS IS A LEGALLY BINDING CONTRACT. REE ENTIRE DOCUMENT, INCLUDING THE GENERAL PD PROVISIONS ON THE REVERSE SIDE 3 AND ANY ATTACHMENTS, CAREFULLY, 91WE SIGNING. IFf�YOU �1HAVE ANY QUESTIONS, CONSU UR ATTORNEY BEFORE SIGNING. GC� Idaho - l . 1 w ; 19 L 4 y 5 (hereinafter calletl "Buyer") agrees tq purchase, and the undersigned Seller agrees m sell the following dasyribed re I e* h��l�nefter reMrjetl to Fa "promisee" s commonly known as City OJ 1 j}, ki_ county of 1 -.� rl Idaho legally descvb-d (A FULL AN C P r E LEGAL ESCRIPTION M BE 1 SEHTED OR ATTACHED PRIOR 10 EXECUTION ELLER. Buyer hereby autiwrizea broker to Insert over 10 his signature the correct legal description of the premises B unavailable at the time of signing, or to correct the legal description previously entered If erroneous or incomplete.) 11 EARNEST MONEY. 12 (a) Buyer hereby deposits as earnest money and a receipt is hereby acknowledged of _ C ►y c_: �` - G v \ �- �i/, dollars 13 ($ ' `) evidenced by: fl Cash Personal Check rl Cashiers Check fl Note Due V4- 14 (b) Earnest Money to be deposited In trust account upon acceptance by all ponies and sh hold by LJ Listing B. roJcer 4Selling Broker�+Abrer' � Iker) 5 _ for the benefit of the parties hereto, and -..._ L`./+-- ATL 16 shall hold the completely executed broker's copy of this agreement and is responsible for the closing. 17 (c) If all conditions have been met by Bru,yer, Buyer and Seller agree that the earnest money (less credit report fees, and any other Buyer's costs) shall be refunded to Buyer is in the event Buyer or Seller camrsoy consummate the sale due to circumstances beyond their control. (d) The parties agree that _ -.1_ Z 2,A &c'��"���% Title Company shall provide title policy and preliminary report of commitment and the "closing 20 agency' for tr anseclion shell be �f-"T_a,yg Sir ...__.. If a long-term escrow / collection is involved, then the escrow holder shall be 21 1. TOTAL PURCHASE PRICE IS�iNG�-���'°-`•r�`' f' ✓�=--T s ($ —�C? 24 Payable as follows:. Gr.=: a $ GI Cash down, including above Earnest Money (Closing coats ere additional). 25 = MIP d n' b $ / { [, Balance of the purchase price ( ... fro[ m d u e�. closing Agent's Fee -- 2. FINANCING. Buyer to secure the following ti ancing: ❑ FHA, 11VA, C Conv, 11 IHA, C'. FmHA, ❑ Assumption of existing loon(s). 27 (a) u NEW FINANCING. Purchase loan Dalapc of above for a period of ._— years at ____ % per annum. (ti FHA or VA loan is sought, read the applicable 2e provisions on the reverse side hereof.) Buyer a more than points plus origination fee if any. Seller to pay only the discount points necessary in order 29 to obtain above described financing but not to points. Any reduction in points shall first accrue to the benefit of the ❑ Buyer ❑Seller. 30 (b) ❑ ASSUMPTION. Buyer to ASSUME and ❑ will or ❑ will not be required to quality for an EXISTING LOANS) of approximately S 31 but no more than _ % with monthly payments of approximately $ ❑ P ❑ I ❑ T ❑ 1. 32 This agreement ❑ does ❑ does not require Lender to release Seller's liability. Type of loan - 33 Buyer shall apply for such loan or assumption within three (3) bank) dM Her Seller's ce nce of this raement. 34 3. OTHER FINANCING, T MS AND_SaL/ CONDITI NS: - � 1 .1,- « d i= �� � . Ir- 1'!C1A�`�� o, I M / so - I ' 38 _. ,) 4.! 'L 39 4, CONTINGENCIES. If Seller's 3 day contingency warier is checked below, we Item #16 on reverse side hereof. 40 Any waiver by the Buyer will be a waiver of all contingencies. 41 (a) )Q None (No contingencies apply) 42 (b) ❑ New Financing/Assumption - This agreement is contingent upon Buyer(s)/property qualifying for the above described financing. 43 ❑ Does ❑ Does NOT contain Seller's contingency waiver. 44 (c) ❑ Closing of on or before _ listed with 45 ❑ Does ❑ Does NOT contain Seller's contingency waiver. 46 (d) ❑ Other (specify) a ❑ Does ❑ Does NOT contain Seller's contingency waiver. 48 5. ITEMS SPECIFICALLY INCLYDED IN THIS SALE (if A f VA 'nancing issought sea Item # 15 on reveres side): L 1, P, -4t3 48 14 fLt—c� WAtae. }- tics tom• � 5o 6. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: 51 7. COSTS PAI D BY: Costs In addition to those listed below may be incurred by Buyer and Seller. Unless otherwise agreed herein, or provided by law or required by lender, 52 Buyer shall purchase Seller's reserve account if loan assumption. APPRAISAL - If appraisal is required below, p rty must appraise at no lase than contract price. 53 El Yes X No. Purchaser's Extended Coverage Title Policy requested. Additional premium paid by p s` . Sea hem # 18 on reverse side. 54 If requested by lender or otherwise stated herein, the below costs will be paid as indicated. Cky/County CorMad andlier I Costs Loan Well mWlnspect. Code Inspect,Document Paid B Appraisal Assumpt. Inspect. Septic It Required Pat. closing Agent's Fee -- Long Term lender or Escrow Code Fees Re alis BUYER 59- - —. -- 60 LE NOT ASALE /S COMPLETED UNDER THIS AGREEMENT. N/A X X 62 all are ekher r6corded or accepted by an escrow agent antl the sale proceeds are available to Seller. Taxes and water asy$ss ants (using the last available assessment as a basis), rents, interest and reserves, liens, encumbrances or obligations assumed and utilities shall be pro -rated as of �( SELLER 65 9. CLOSING- On or beford the closing date, Buyer and Seller shr3 deposit with ma rinsing agency all funds and instruments necessary to complete the sale. The 66 closing date shall be no later than �(•_'. . i <^'/ / _ MNEEaaur _ +f 10. ACCEPTANCE. Buyer's offer is made subject to the acceptance of Seller on or before 7200 o'clock midnight of - D+1✓S Zy MIt Seller does not M accept this agreement within the time specified, the entire Earnest Money shell be refunded to Buyer on demantl. TIME IS OF THE ESSENC OF THIS AGREEMENT. 69 55 _ se __CAM of leader Or ands repairs not to exceed If - - - Discount points to be id asi _— _ _ — end 29. SELLER UNDERSTANDS - ' P Paid as ae ree0 on llns 59- - —. that as a result of e any or county inspections HE MAY BE EQUIR AKE REPAIRS to The property M order b comply wlth tM housMg cede WHETHER OR it 60 LE NOT ASALE /S COMPLETED UNDER THIS AGREEMENT. 61 B. POSSESSION. Buyer shall be entitled to possession on }� closing 10 other __ "Closing" means the date on which documents 62 all are ekher r6corded or accepted by an escrow agent antl the sale proceeds are available to Seller. Taxes and water asy$ss ants (using the last available assessment as a basis), rents, interest and reserves, liens, encumbrances or obligations assumed and utilities shall be pro -rated as of 63 sa (_I_r _ _ .Buyer shall pay for fuel in tank, amount to bo detenninetl by tho supplier at Seller's expense. 65 9. CLOSING- On or beford the closing date, Buyer and Seller shr3 deposit with ma rinsing agency all funds and instruments necessary to complete the sale. The 66 closing date shall be no later than �(•_'. . i <^'/ / _ 67 _ +f 10. ACCEPTANCE. Buyer's offer is made subject to the acceptance of Seller on or before 7200 o'clock midnight of - D+1✓S Zy MIt Seller does not M accept this agreement within the time specified, the entire Earnest Money shell be refunded to Buyer on demantl. TIME IS OF THE ESSENC OF THIS AGREEMENT. 69 ❑ Sae attached Addendum(s). ❑See anachetl Counter Offer(s). rp 11. IMPORTANT - AGENCY DISCLOSURE. At this time of signing this agreement the agent working with the buyer represented T- r �' '-f '� � 71 and the agent working with the seller represented I ! -' T/ _ _. Each party signing this document confirms that prior written disclosure of 72 agency was provided to h'm/her in is transection. EwZ party to jf Is transaction has read and understands dlecoman of the cy Q roirochur sly, received. E ri Listing _L Selling Agency 1F- • • .Z a✓ 74 By: 5 Phone: �l `J>`J 7.3LT By: Phone: �S X`1 ' % 3 c•is G, BuyeIx r __ Buyer's Address: _ 76 Buyer: Buyer's Phone: Residence Business n On this date, M h 7r,7h,,//d accept the set forth in the above agreement and agree to carry out all the terms thereof on the part of the Seller. IlVye le>rBsS.f a true copy agree a t s' tied by liRarties. re to s — /1/. 5611 . %_ G Date:�r _ _ •Seller's Address: so Seller: i Date: _ Seller's Phone: Residence Business s1 A true copy of the foregoing agreement, signed -{the S`efi and conteining1e'ullll and co�mplxe�t legal a Iption of the premises, is hereby received on this e2 y e Ot ___�11-.(..�-y-L__.__ 19 �(/// 8`1�,83 Buyer: BHYI3 PROVISIO S C AIN ON THE REVERSE SIDE OF THIS PAGE SHALL A SO CONSTRTITE OFF AGREEMENT OF THE PARTIES. EACH OF THE 95 PARTIES ACKN DING THIS AGREEMENT Y,/j�1/ALL_. s6 Buyer's Initi Seller's Initial (/!6/✓1 '-1- RE21 REV 3/91 OF