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Gramercy ApartmentsC,� f CERTIFICATE OF ZONING COMPLIANCE DATE: TO: FROM: SUBJECT: OWNER: July 23, 2010 Sagecrest Development, LLC Bill Parsons, Associate City Planner Gramercy Apartments— CZC-10-045 and ALT -10-005 Sagecrest Development, LLC DESCRIPTION OF APPLICANT'S REQUEST E IDIAN�- IDAHO The applicant, Sagecrest Development, LLC, requests Certificate of Zoning Compliance (CZC) and Alternative Compliance (ALT) approval to construct a 48 -unit multi -family development within the Gramercy Subdivision. The subject site will consist of three (3) 15,852 square foot buildings, one (1) 345 square foot office/storage building, 112 total parking spaces and nine (9) hip roof carport structures. The proposed project will include (12) one -bedroom units, (30) two-bedroom units and (6) three-bedroom units. The subject property received CUP and DES (CUP -09-008 and DES -09-017) in 2009. All roadways and utilities were completed with Gramercy Subdivision No. 1. The subject site is located at 2547 E. Blue Tick Street. The site is zoned R-15 (Medium-high Density Residential District). DECISION The applicant's request for CZC and ALT is approved with the conditions listed in this report. Note: This is not a building permit. Prior to any construction, you should contact Building Services at (208)887- 2211 to verifyif any additional permits andlor inspections will be required. Site Specific Conditions of Approval 1. The site plan prepared by The Architects Office, dated 07/15/10, labeled A1.0, is approved (stamped "approved" on 7/23/10 by the City of Meridian Planning Department) with the following changes (see redlines on the approved plans): a. Revise the trash enclosure detail an meat A1.1 to refiec t the dMOVS frgoat a VW,t poured eonarote enclosure and inowpo ates ram and a sack finish Who dt�pt; received on 7!23/2010. b. The ac 'units along the raw side of building 1, b 2 andbWWft3 shall be scq00*#'bY a fence or landsesping. The Inne ragniret applies to the ae tmitt:gn the �t side' , ,:, - the south side of building and the asst suit of building 3. Revi t the plan` c. Revise sheet AL I to x480:1 the *=the Weppio8 Aftft to c*Wtft 118110 iM perimeter patios per the e-amdl received tier 712312 IC 2. The landscape plans prepared by Ivy Design Landscape Architecture, dated 07/15/10, labeled L2.0 -L2.3, are approved (stamped "approved" on 7/23/10 by the City of Meridian Planning Department) with the following changes (see redlines on the approved plans): a. Coordinate wA ACM f'dr lsdscape imp r+0wam is WWD.IL r. it rt seed b. Tha ac units aiios� tbo rsmre 2 sad'ahaQ bit famce or indsc ipiira8. Too to th®aa t seer vraatt # f ` . the sou�t side od"b�tii 2 and �e+nuE �doaf buurrg 3. � t�er�r ' , Gramercy Apartments CZC and ALT c. Per UDC 11-3B-80b., plantar islands shall nm the length of the pig space SNY W reduced 2 fed to allow for improved vehicular maneuvering.Increase ihaacnh offtPlantOW island north of grassy open area. The elevations prepared by The Architects Office, dated 7/15/10, labeled Sheet A5.0 and A5.1, are approved (stamped "approved" on 07/23/10 by the City of Meridian Planning Department) with no changes. 4. The site plan, landscape plan and/or building elevations shall not be altered without prior written approval of the City of Meridian Planning Department. 5. The applicant shall revise the site plan per the redline changes prior to the plan intake meeting. 6. The applicant shall include elevations of the carport structures at the plan intake meeting. A full size copy of the carport elevations shall also be provided to the Planning Department. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 4. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate ACRD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Department for approval prior to issuance of the building permit. 6. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 7. Per UDC 11-513-5132, the Deputy Director (at the applicant's request) approved the alternative compliance regarding the relocation of the 6 trees on the site. (See analysis section and Findings below for more details) Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-313-13 and UDC 11-313-14. 2. The project is subject to all current City of Meridian ordinances and any applicable conditions of approval associated with this site (CUP -09-008 and DES -09-017). The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. Gramercy Apartments CZC and ALT 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant shall comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 6. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11 -3A -3B. 7. The applicant shall comply with the specific use standards listed in UDC 11-4-3-27. 8. The development shall limit landscaping (i.e. shrubs, bushes, etc.) along streets, pathways, and up against structures, to species that do not exceed two feet in height. Additionally, trees shall be pruned to a minimum height of 6 feet above the ground or sidewalk surface. The owner has the option to seek City Council review for any requirements stated in this CZC in accordance with UDC 11 -5A -3F and UDC 11-5A-6. Requests for City Council Review shall be filed in writing with the Planning Department within fifteen (15) days after the written decision by the Director and specify the grounds upon which the request is based. Upon receipt of the request and payment of fees ($692.00) the request for review will be forwarded to the City Council to conduct a public hearing. ALTERNATIVE COMPLIANCE REQUEST The applicant is requesting alternative compliance because an ACHD seepage bed lies along the eastern boundary. This easement precludes the planting of the eight required trees in this area. In the area along the eastern boundary that is not affected by the easement the applicant has planted two trees per the conditions of the CUP. The applicant has also proposed ornamental grasses and shrubs in the ACHD easement area. The applicant will need to coordinate those improvements with ACHD. Unified Development Code (UDC) allows the applicant to submit an alternative compliance if they can meet the requirements set forth in UDC 11 -5B -5B. In this case, the applicant is unable to comply because another regulatory agency has jurisdiction and will not allow the trees. The applicant proposal includes planting the 8 required trees elsewhere on the site to meet the intent of the landscape ordinance. After reviewing the applicant's request the Deputy Director finds the applicant's proposal provides an equal measure to the landscape ordinance and approves the request as submitted. ALTERNATIVE COMPLIANCE FINDINGS: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR ACHD has jurisdiction over the easement and will not allow the planting of the eight trees. Therefore, strict adherence is not feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Deputy Director finds the applicant's meets the intent of the landscape ordinance since the 8 required trees were planted elsewhere on the site and the applicant has added shrubs and ornamental grasses to add visual interest. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Gramercy Apartments CZC and ALT E IDIAM Planning Department _ CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: File #: GZG'!d-0'fS A licantla ent: ►JiJ✓= All applications are required to contain one copy of the following unless otherwise noted: Applicant Staff Description Completed & signed Administrative Review Application Narrative fully describing the proposed use of the property, including the following: ➢ Information on any previous approvals or requirements for the requested use i.e. applicable conditions of approval or Development Agreement) Recorded warranty deed for the subject property Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, ✓ submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorizedagent) Scaled vicinity map showing the location of the subject property ✓ Fire Marshall approval for access and turn around (stamped, full size site tan) Sanitary Service Company approval for trash enclosure & access drive (stamped, full size site plan) Civil Site/Dimension Plan —1 full size co folded to 8 ''/z" x 11" size t/ A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens NIA Nk or more see UDC 11-3A-11 Copy of the recorded plat the property lies within 8 ''/Z" x 11" ✓ Address verification letter from Public Works 898-5500 v/ Site Plan -4 copies (folded to 8 '/z" x i l" size) The following items must be shown on the siteplan: • Date, scale, north arrow, and project name (scale not less than I"=5o') • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan ✓ • Parking stalls and drive aisles ✓ • Trash enclosures location • 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 subjectproperty) E • Sidewalks or pathways (proposed and existing) • Location of proposed building on lot (include dimensions to property lines) • Fencing (proposed and existing) • Calculations table including the following: Number of parking stalls required & provided (specify handicap & compact stalls) ➢ Building size (sq. ft.) ➢ Lot size (sq. ft.) ➢ Setbacks ➢ Zoning district • Reduction of the site plan 8 '/2" x 11" Landscape plan — 3 copies (folded to 8 ''/i" x 11" size) Jdrawing Plan must have a scale no smaller than I " = 50' (1 " = 20' is preferred) and be on a standard 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 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org JNames, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan / • Stamp/signature of a landscape architect, landscape designer, or qualified nurseryman preparing the plan / • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lain, high groundwater areas, and rock outcroppings; / • 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 f1/A tree will be retained or removed •, tprotected A statement of how existing healthy trees proposed to be retained will be from damage during construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture and other man-made elements /04Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one -foot contours • Sight Triangles as defined in 11-3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and 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 (1, 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: Number of street trees and lineal feet of street frontage / ➢ Width of street buffers (exclusive of right-of-way) ✓ ➢ Width of parking lot perimeter landscape strip ➢ Buffer width between different land uses (if applicable) ➢ Number of parking stalls and percent of parking area with internal landscaping ➢ Total number of trees and tree species mix Mitigation for removal of existing trees, including number of caliper inches being removed Reduction of the landscape plan 8 ''/z" x 11" Building elevations showing construction materials — 3 copies folded to 8'/z" x 11" size Reduction of the elevations 8 %i" x 1 I" Electronic version of the site plan, landscape plan, & building elevations in pdf format submitted on a disk with the files named with project name & plan type (i.e. site plan, landscape plan, elevations, etc.. We encourage you to submit at least one color version. If applying for approval of a public school, provide additional information as required by NIA 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 Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit If 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 & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 so Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 2111/2010) WEIDIAN -- Planning Department ALTERNATIVE COMPLIANCE ■ Application Checklist Project narnc: I File *: 41-T—/0— W5 11 r0 All applications are required to contain one copy of the following unless otherwise noted: Applicant (4) Description Staff (4) Completed & signed Administrative Review .Application J (If also submitting a concurrent application for a preliminary plat or conditional use permit, the Alternative Compliance request will be processed along with that application. Therefore, an Administrative Review application is not necessary in this case; just check the Alternative Compliance box on Commission & Council Review Application and submit the information below.) Narrative fully describing the proposed request incli.iding the following: ➢ The specific requirements that are proposed to be modified Address the reason why strict adherence or application of the requirements are not feasible Demonstrate how the proposed alternative means for compliance with the specific requirements provides an equal or superior means of meeting the intent and purpose of the regulation ➢ Any supporting documentation or plans Fee THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 11/4/081 E IDIAMPlanning Department c ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) El Accessory Use 0, Alternative Compliance 0 Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other Information Applicant name: l STAFF USE ONLY: File number(s): C76 -f0 - ONS Project name: ��4Na Date filed: 7- 140 Date complete: Assigned Planner: g. << Ta,rcros Related files: Ctt% 09 - 006 • 1X$-09- oil Phone: Applicant address: 3299 W Davis Dr. Zip: 83642 Applicant's interest in property: [E]Own ❑ Rent []Optioned j i Lits. Owner name:Phone: Owner address: Zip: Agent name (e.g., architect, engineer, developer, representative): Mark Sanders -rin name: i he Architects Office PLLC Phone: 208-343-2931 _:dress: 499 Main St Zip: 83702 Primary contact is: ❑ Applicant ❑ Owner 0 Agent ❑ Other Contact name`. Mark Sanders Phone: 208 -343- E -mail: mark(a)taoidaho.com Fax: 208-343-1306 Subject Property Information Location/street address: 2549 E. Blue Tick Street Assessor's parcel number(s): R3238510690 ownshia. range, section: 3NIE20 Total acreage: 3.2 Current land use: Vacant Current zoning district- R-1 33 E. Broadwav Avenue. Suite 210 • Meridian. Idaho 83642 ?hone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org ev. 11/4/08 Project Description Project/subdivision name: Gramercy Apartments General description of proposed project/request: Construct (3) 15,852 s.f apartment buildings and (1) small office/storage building, parking with carports and site amenities Proposed zoning district(s): R-15 Acres of each zone proposed: 3.2 Type of use proposed (check all that apply): 0 Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): public art, open area, plazas, play structure Who will own & maintain the pressurized irrigation system in this development? NMID Which irrigation district does this property lie within? NMID Primary irrigation source: NMID Secondary: City Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 1.25 acres Residential Project Summary (if applicable, Number of residential units: 48 Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 12 2 or more Bedrooms: 36 Minimum square footage of structure(s) (excl. garage): 15,852 Proposed building height: 35' Minimum property size (s.f): Average property size (s.f.): Gross density (Du/acre-total land): 15.14 Net density (DU/acre-excluding roads & alleys): 16.10 Percentage of open space provided: 19.79 Acreage of open space: 1.36 Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): play areas, plazas Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ElMulti-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building heigh-,: Percentage of site/project devoted to the following: Landscaping: Building: Total number of employees: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: Seating capacity: Number of compact spaces provided: Date: —7- / 3-10 '33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • w ensile: www.menuiancuy.urg Price Sanders Cooper AIL, Rhees THE ARCHITECTS OFFICE � Date: July 15, 2010 To: Planning Department City of Meridian 33 E. Broadway, Suite 210 Meridian, Idaho 83642 Project: Gramercy Apartments Subject: CZC & Alternative Compliance Narrative Letter Dear Staff, PROJECT LETTER Job No. 09-403 From: Mark Sanders 499 Main Street Boise, ID 83702 V (208) 343-2931 F (208) 343-1306 Please accept this Certificate of Zoning Compliance and Alternative Compliance Applications for the above referenced project. The application is for 3 apartment buildings and a small office/maintenance building at the Gramercy Subdivision. (48) units are proposed with (12) one -bedroom units and (36) 2 or 3 bedroom units. Previous approvals for this project include CUP -09-008 and DES -09-017. As conditions of approval from the Conditional Use Permit and Design Review, changes or additions have been made to the site plan and landscape plan. Included in these revisions is the addition of wheel stops, site details, trees, vegetative groundcover, 80 s.f. of private useable outdoor space per unit and compliance with previously approved plans and specifications. Abutting the eastern property line Ada County Highway District has a drainage easement in which no trees are allowed. Typically, trees would be planted along this property line, but as an alternative to this we are proposing shrubs and other vegetation to comply with the requirements of ACHD. We are providing (2) trees along the northern side of the eastern property line outside of the easement. Please refer to the landscape plan for information regarding this alternative compliance. Thank -you for your consideration and please call with any questions or concerns, 343-2931 ext. 3. Sincere Mark Sanders, Architect The Architects Office, PLLC JUL/15/2010/THU 09:38 AM FOUNDATIONS LLC When naoordad, n=X W. sawma Devrlopema, L.L = AM.. Runa D. Hum=iller 1735 S. boumnium way 3Qeridlao.ID 83642 FAX No.2089559050 P. 003 ADA OOUKY REMDM J. D.RVID NAVARRO AMOUNT 21.00 f 10111 IDAHO UM181 12:05 PMI uu ff'' II ttpp RDEPUty Un ROADED-REQ1tIE5tOF lawyer 11110 1091047484 SPECIAL WARRANTY DEE3) (Llai Partners, LLC, to Sagecrest Development, L.L.C.) SENM PARTNFM, LLC, an Idaho limited liability cmpany, organized and oxisting under the iaws of the State of Idaho, herein "GRANTOR," with its principal office at 6223 Discovery Way, Boise, ID $3713, Ada County, does hereby convey, release, remise, and forever GP—ANT, BARGAIN, SELL, AND• CONVEY unto: SAGECREST DEVELOPMENT, L.L.C., an Idaho limited liability company, herein i "GRANTEE," whose current address is I735 S. Millennium 'Way, Meridian, Idaho, 83642, Ada Conary, that certain real properly (the "Property") located in Ada County, Idaho, and more particularly described as follows: SEE SIT "A," attached bereto and Incorporated herein by reference; TO HAVE AND TO HOLD the said Property, with its appurtenaneos and all improvements thereon, unto the said Grantee, and Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee that the Grantor is the owner in fee simple of said Property; that the said Property is free firm all encumbrances except dire made, suffered, known, or done by the Grantee, and those reservations, restrictions, dedications, easements, zou.g requirements, rights of way and agreements of record, including without limitation those listed on Exhibit "B," attached and incorporated herein, and general taxes and assessments (including irrigation and utility assessments, if any) for the current year which are not yet due and payable; and that Grantor will waneant and defend the same from all lawful claims whatsoever, subject to the provisions of this deed. The Managing Members who sign this deed hereby certify that they are authorized to execute this deed and that their signatures hereon serve to bind Grantor to the terms and r oprescnmdons set forth in this deed. 422.0Oead L 16 3 V-3 trMW 10 OA- JUL/15/2010/THU 09:38 AM FOUNDATIONS LLC FAX No.2089559050 P. 004 VV> IERF.FORE, tWs Special Wmanty Deed is hereby executed this 7 day of April, 2009. GRANTOR: EMU PARTNERS, LLC, an Who Iffmted liability company By; . Nance r a Its: Mara g bei Name: — n Its; Managing member Exhibit "A": Legal Dcscipaon of ProPcM Exhibit "B"; List of Encumbrances SMCiAL WARxA,NTX DEQ, PAGE 2 JUL/15/2010/THU 09:39 AM FOUNDATIONS LLC FAX No,2089559050 P.005 STATE OF IDAHO ) ss County of Ada On this difA day of April, 2OD9, before rue, the undersigned, a Notary Public in and for said State, personally appeared to me known to be the 1vlanaging Member of Kenai Partners, LLC', the limited liability company that executed the foregoing instrument, and acknowledged to the that the said instrument is the fte and voluntary act and deed of said limited liability company, for the uses and purposes therein mefttioaed, and on oath stated that they are authorized to execate the said instrument Wn!r„Y HAND and of$cial sea] hereto affixed the day, month and year in this 3catm above even. `\ e•�•.•.�h �y 62ud e ' Notary Publi ' for /• 4 Residing at •.� QS My commission pires / SIT STATE OF IDAHO ) County of Ada On this day of April, 2049, before me, the undersigned, a Notary Public it and for said State, personally appeared ti . c” %-r f3 G • . to me known to be the Managing Member of Kenai Partners, LLC, the limited liability company that executed the foregoing instrument, and aclmowledged to me that the said inst(un=t is the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WTMESS MX BAND and official seal hereto affixed the day, month and year in this certificate first above written. _ .•`'•ILtir Phi'd •s is oTARY PU9�� •..`t'T '••...••'10 SPEMAL WARRANTY DM, PAGE 3 h Notary Public For a d "L=, _ Residing at 6Y) l-= ,:a My commission expires C 13 JUL/15/2010/THU 09:39 AM FOUNDATIONS LLC FAX No,2089559050 P,006 I i ' f i I i EXHIBIT "A" TO SPECIAL WARRANTY DEED (Kenai Partners, LLC, Grantor, Sagecrest Development, L.L.C., Grantee) Legal Description of Property Lot 1, Block 5 of that certain real property, including all improvements located thereon, in the City of Meridian, County of Ada, State of Idaho, according to the plat thereof filed on August 23, 2007, in Book 99, page 12,619 through 12.622, Instrument No. 107119408, official records of Ada County, Idaho, and as amended by Affidavit recorded on December 4, 2007, as Instrument No. 107161025, official records of Ada County, Idaho, subject to encumbrances of record, zoning requirements, and those encumbrances listed on Exhibit "B," attached and hereto and incorporated herein. EXHIBIT "A" To SPECIAL WARRANTY DEED, PAGE I 1UL/15/2010/THU 09:39 AM FOUNDATIONS LLC FAX No.2089559050 P.007 EXHIBIT nga TO SPECIAL WAVI ANTY DEED (Kenai Partners, LLC, Grantor; Sagecrest Development, L.L.C., Grantee) I.i$t of Rndumbrances 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or whish may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land, ! and that is not shown by the Public Records. 4. Any lien, or right to a lien, imposed by the law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the public records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) xndian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, ! claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such : proceedings, whether or not shown by the records of such agency or by the public records. 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal ar other utilities unless shown as an existing lien by the public records. 9. intentionally Deleted. 10. General taxes for the year 2009, which are a lien, payable on or before December 20 of said year and not delinquent until after` said 'date. (Continued) JUL/15/2010/THU 09:39 AM FOUNDATIONS LLC FAX No.2089559050 P. 008 �y'll.• General taxes which may be assessed and extended on any "subsequent" or "occupancy" tax roll for the tax year 2009 with respect to improvements completed during 2009, which may escape assessment of the X, regular tax roll; which are a lien not yet due or payable. 12. Reservations in U.S. Patent, recorded in Book 3 of Patents at Page 360, Of Official REcords. 13. Sewer charges and special assessment powers of the CITY OF MERIDIAN.. No search has been made. Telephone No. (208)888-4433 for more specific information. 14. Liens and assessments of the NAMPA MERIDIAN IRRIGATION DISTRICT, and the rights, powers, and easements of said district as by law provided. No search has been made. Telephone No. (208)466-7861 for more specific information. I 15. Development Agreement executed by and between CITY OF MERIDIAN AND KENAI PARTNERS, LLC, recorded August 31, 2006 as Instrument No. 106141056, of Official Records. 16, CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTr&M executed by and E between KENAI PARTNERS, LLC, an Idaho limited liability company and NAMPA & MERIDIAN IRRIGATION DISTRICT recorded February 12, 2007 as Instrument No. 107020167, of official Records. 17. An easement for temporary storm water drainage and -incidental purposes in favor of ADA COUNTY HIGHWAY DISTRICT, recorded June 17, 2007, as InoE=ument No- 107070806, of official Records. is. Intentionally Deleted 19. Intentionally Deleted. 20. Easements, reservations, restrictions and dedications, if any, as shown on the official plat of said subdivision,. 21. protective Covenants, Conditions, Restrictions and/or Easements, and other matters imposed by Instrument recorded March 23, 2009, as Instrument No. 109032925, of Official Records. This exception omits any covenant, condition or restriction based on race, calor, religion, sex, handicap, familial status, or national origin as provided in 42 U.S.C. Section 3604, unless and only to the extent that the covenant (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607, or (c) relates to a handicap, but does not discriminate against handicapped people. 22. Liens, Levies and Assessments, if any, of GRAMERCY PARK OWNERS ASSOCIATION as provided for in .instrument recorded March 23, 2009, as instrument No. 109032925, of offi.Cial Records and in any amendments or supplements thereto. - �Continued) JUL/15/2010/THU 09:39 AM FOUNDATIONS LLC FAX No.2089559050 P. 009 "•23. Ratification of Certain Covenants for GRAMERCY SUBDIVISION by and between GRAMERCY, LLC, an Idaho limited liability company and TUSCANY 'DWELOPMENT, LLC, an Idaho limited liability company, recorded April r 3, 2409, as Instrument No. 109038019, of Official Records - 24. Matters shown or disclosed by ALTA/ASCM Land Title Survey dated April �0, 2008, Job No. 08-•077, "Kastera Homes", prepared by Idaho Survey Group, P.C., including: a) An unrecorded easement and incidentals thereto for an irrigation, line at the Northwest corner of Parcel II b) Unrecorded utility easements or servitudes in use or abandoned and not shown on such survey c) Underground utilities being in locations other than as shown on such survey. JUL/15/2010/THU 09:38 AM FOUNDATIONS LLC FAX No.2089559050 P.002 i A"EDAVIT OF LEGAL INTEREST STATKOFIDA:90 COINT3' 0FADA NARCVIl 11 fli fl) rnm Mum Tj Wamgi) P*ff 0 (addrts'A. {state) iving first: uly.wom-upon, oath;. depose. and says:: L. That: I a= the -Tadard, ov mer, -aftim prmpatty, d6kedbcd bii. the M694. 4adl grgni my {kerne) �+atldxess� to -96ari.M.he-AccoVaftying applicadon(s) perfaWn& to that• property: m_=e to aza'-ftolA the, City atMerfdiam md-its. amplo.yees: ha=iass ftm. aryziin .9r. liabibity resWfmq from.from.auy dispute- as.. to the statments cm#.m4ad herein or as to dw- aunershipof the property wlfioh is the, subjectAf the' awlicafim. 3. thereby gran; permissive, 4wf �Orvptdy to the w Ci. of Meridian staif v P 40 !R4 ou"sdab.fs, prictions Tckt6d t* py.oc6ssiAg said Datedthis deY of SUBSCRMED AND SW to before Trw the 4Y and year first Atbove wAtten- .00b I Ilk MSG@, (kbfa*. P14brw 5r I IETuD f A r,)A 14 0 t Poesmile (208; 888.OX Websim, FRr4 $OL,uTXON $1315D -KO. 1 R MTN. VIEW H.S. E. THREE BARS DR: CrG,, O'� SUE HORIZON c� � 0 E. GOLDSTONE ST. E. BLUE TICK ST. SaBp' El "A5 E. COPPER POINT ST. 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YY YM is KKnw�i�NmnnnnnKnwnilKK!!•wnn�KtiRwnwwK KKwKKK�.KKKnnn not si Kr iRtK KKK P. 010 bw0 W JUL/15/2010/THU 09:40 AM FOUNDATIONS LLC FAX No.2089559050 P.011 56 8 Lr 35 6 10.00 89'35'56 J c 75.000 cz 3'358 6''E P g 75.0(}' _ 75.00' TIDE �! 75.00', o 75.05'5 to 1" � 75.00, � 56"E'�15DA0' d /o r rn x �P U I & 20 CR-r.j�+L. s4'�3•+r y N$ 00 e Ar .._ s��n�oTrr ------ I $ n � I a j>> 286.00' L _ N 89'35'561! 517.31' _ T E BLUE TICK ST c/a � 100 L J �s2.s5' :, �. — -� — — — N 89'35'56 ! 20'1224.3• ca - 510' to m CD LW EA go CD� LW F& aWL Cn I cm 5=1 1D c w 20' 226.6' / 8``J 113 PE � 384.62' 1 39.94; C ` j E. GRIFFON ST. _ � _ N 89-5413"E 4,69.95' cn 41.34' 50.00' 50.00' _ .00' 50.00 5 0.00' 50.00' 84.00 � R FCo (� N 89'54'13" E N N 62.00 50.00 60,00, 50.00 50.00 50.00 50,01 O 8421 N Ln 41- tA R O d r r 39.54' 37.62' 50.00' 50.00' 50.00' 50.00 5 .DD' 50.00' 84.QD' — — 1— E. COPPER POINT ST. ti4c c r c 1 e N BW54'13-E 451.15' �as 00 y U, 51.15 = 55.00' �n 55.00' X55.00' z cn 55.00' 55.00'AIN 7550$ ri M' 55DO r4 55.Q0' 55,00' N mW N S ' N 22� CCn c/a � 100 L J �s2.s5' :, �. — -� — — — N 89'35'56 ! 20'1224.3• ca - 510' to m CD LW EA go CD� LW F& aWL Cn I cm 5=1 1D c w 20' 226.6' / 8``J 113 PE � 384.62' 1 39.94; C ` j E. GRIFFON ST. _ � _ N 89-5413"E 4,69.95' cn 41.34' 50.00' 50.00' _ .00' 50.00 5 0.00' 50.00' 84.00 � R FCo (� N 89'54'13" E N N 62.00 50.00 60,00, 50.00 50.00 50.00 50,01 O 8421 N Ln 41- tA R O d r r 39.54' 37.62' 50.00' 50.00' 50.00' 50.00 5 .DD' 50.00' 84.QD' — — 1— E. COPPER POINT ST. ti4c c r c 1 e N BW54'13-E 451.15' �as 00 y U, 51.15 = 55.00' �n 55.00' X55.00' z cn 55.00' 55.00'AIN 7550$ ri M' 55DO r4 55.Q0' 55,00' PW100 FORM Date: 7/15/10 Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Ph: (208) 887-2211 Fax: (208) 887-1297' www.meridiancity.org, The following property has been researched by The City of Meridian Public Works Department. Project Name: Gramercy Apartment Building #1 Address: 2543 E. Blue Tick St. Suite #: Zip Code: 83642 Lot/Block/Subdivision: 1/5 Gramercy #1 1) The address has been assigned based on available information. This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. X Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Terri Ricks Land Development Services tricks@meridiancity.org PW 100 FORM Date: 7/15/10 Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Ph: (208) 887-2211 Fax: (208) 887-1297 www.meridiancity.orgi The following property has been researched by The City of Meridian Public Works Department. Project Name: Gramercy Apartment Building #2 Address: 2545 E. Blue Tick St. Suite #: Zip Code: 83642 Lot/Block/Subdivision: 1/5 Gramercy #1 1) The address has been assigned based on available information. This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. X Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Terri Ricks Land Development Services tricks@ merid is ncity. org �E IDIAN=-- PW 100 FORM Date: 7/15/10 Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Ph: (208) 887-2211 Fax: (208) 887-1297' www.meridiancity.org, The following property has been researched by The City of Meridian Public Works Department. Project Name: Gramercy Apartment Building #3 Address: 2547 E. Blue Tick St. Suite #: Zip Code: 83642 Lot/Block/Subdivision: 1/5 Gramercy #1 1) The address has been assigned based on available information. This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. X Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Terri Ricks Land Development Services tricks@meridiancity.org (�M�IEN!IAN,.---- �_J PW 100 FORM Date: 7/15/10 Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Ph: (208) 887-2211 Fax: (208) 887-1297' www.meridiancity.orgi The following property has been researched by The City of Meridian Public Works Department. Project Name: Gramercy Apartments Leasing Office Address: 2549 E. Blue Tick St. Suite #: Zip Code: 83642 Lot/Block/Subdivision: 1/5 Gramercy #1 1) The address has been assigned based on available information. This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. 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