ApplicationE IDIAN�--
IDAHO
• Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
To ensure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: December 21, 2010
Transmittal Date: December 10, 2010 File No.: VAR 10-003
Hearing Date: December 28, 2010
Request: Public Hearing - Variance to UDC 11 -3H -4C.3 which requires a 10 -foot
wide multi -use pathway be constructed along State Highway 55 / Eagle Road
for Lanark Property
By: Ted Sigmont
Location of Property or Project: 3131 & 3163 E. Lanark Street
Joe Marshall (No FP)
Scott Freeman (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Sanitary Services (No VAR, VAC, FP)
Building Department/ Rick Jackson
Fire Department
Police Department
City Attorney
City Public Works / Scott Steckline
City Planner
City Engineer
Economic Dev. (CUP only)
Parks Department
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
COMPASS (Comp Plan only)
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise -Kung Irrigation District
Boise Project Board of Control / Tim Page
City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
C �E IDIA�N%-- Planning Department
ILA
H COMMISSION & COUNCIL REVIEW APPLICATION
Type of Review Requested (check all that apply)
0 Alternative Compliance
O Annexation and Zoning
13 Comprehensive Plan Map Amendment
❑ Comprehensive Pian Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Permit Modification
17 Design Review
0 Final Plat
0 Final Plat Modification
❑ Planned Unit Development
0 Preliminary Plat
0 Private Street
0 Rezone
❑ Time Extension (Commission or Council)
El UDC Text Amendment
E3 Vacation (Council)
,x Variance
t- Others--...�
Information
Applicant name:
Phone:
Applicant address: {ofG OYEe44.4.0 ", JrAg 1-52, Abdo Ao Zip: A1205
Applicant's interest in property: kOwn 0 Rent ❑ Optioned ❑ Other
Owner name: SA.tiI,Lf AS 5--acoW7' Phone:
Owner address: Zip:
Agent name (e.g., architect, engineer, developer, representative): RTAICk IV% t2l�N
Firm name: ,moi epi- Phone: 4Z4-&08
Address: ZgQ Al. ZAZZW SZ� 174'Z07 &IS,2r V Zip: 8370:
Primary contact is: 0 Applicant ❑ Owner XAgent 0 Other
Contact name: M7t0(X- Phone: 4Z4r—
E-mail:
..r
Information
Locationtstreet address:
Assessor's parcel number(s): _A(gS / D S8 COR 2 / /2(26,/-o 51 co %:!i�
Township, range, section: S& Total acreage: i 7137 Z • (0 0 Z
Current land use: Current zoning district: C-4r_�
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
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Phone:
Applicant address: {ofG OYEe44.4.0 ", JrAg 1-52, Abdo Ao Zip: A1205
Applicant's interest in property: kOwn 0 Rent ❑ Optioned ❑ Other
Owner name: SA.tiI,Lf AS 5--acoW7' Phone:
Owner address: Zip:
Agent name (e.g., architect, engineer, developer, representative): RTAICk IV% t2l�N
Firm name: ,moi epi- Phone: 4Z4-&08
Address: ZgQ Al. ZAZZW SZ� 174'Z07 &IS,2r V Zip: 8370:
Primary contact is: 0 Applicant ❑ Owner XAgent 0 Other
Contact name: M7t0(X- Phone: 4Z4r—
E-mail:
..r
Information
Locationtstreet address:
Assessor's parcel number(s): _A(gS / D S8 COR 2 / /2(26,/-o 51 co %:!i�
Township, range, section: S& Total acreage: i 7137 Z • (0 0 Z
Current land use: Current zoning district: C-4r_�
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
Project Description
Project/subdivision name: --A
General description of proposed project/request: Are Zb �Ll,Dw � � �'i9a.�'�i 7D��
V�/�
Proposed zoning district(s): (!Arj
Acres of each zone proposed:$,
Type of use proposed (check all that apply):
87 , 440.0
❑ Residential gCommercial OrOffice ❑ Industrial j WOther 467M -
Amenities provided with this development (if applicable): /0A%/ AW—WC ailz LiVtM&—A(".)low.
Who will own & maintain the pressurized irrigation system in this development? AM
Which irrigation district does this property lie within?
Primary irrigation source: 1 [%W01) Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units:
Number of common and/or other lots:
Number of building lots:
Proposed number of dwelling units (for multi -family developments only):
1 Bedroom:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f):
Gross density (DU/acre-total land): _
Percentage of open space provided:
Percentage of useable open space:
2 or more Bedrooms:
Proposed building height: _
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: 2 AK/ S1` Other lots: 1
Existing (if applicable)�ZB/6*2 ay Z(S/J)
Hours of operation (days and hours): 8 "/CD Building height: Z$ f
Percentage of site/project devoted to the following:
Landscaping: / G Building: Z-412— G/ Paving:
Gross floor area proposed:
Total number of employees:
Maximum number of employees at any one time:
Number and ages of students/children (if applicable): Seating capacity: —�
Total number of parking spaces provided: 72 Number of compact spaces provided:
Authorization
Print applicant name:
Applicant signature: _
Date:
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
CITY OF MERIDIAN
PRE-APPLYCAnm MEEMG NOTES
Project/Subdivision Name:
AppGcant(s)/Contact(s): ,1
City Staff. �qKW-u a,
Date: 1(--L+-10
Location: 3�,r nark -
Comprehensive Plan Future Land Use Map Designation: Size of Property:
Proposed Use: Proposed Zoning:
Existing Use: ung Zoning:
Surrounding Uses:
Street Buffier(s) and/or Land Use Buffer(s):
Open Space/Amen'ItaeWathways:
AccesslStub Streets/Street System:
Sewer & Water Service:
Topography/Hydmiogy/Fioodpiain Issues.
Canals/Ditches/Irrigation/Hazards:
History: &z- 08 DDS 4- OAS
Additional Meeting Notes: "cirri rd- dGvpfemm,*eL+ z ez ►_rte n + rcQ_v, i rCS a... I d % d -t -
Other Agencies/Departments to Contact:
El Ada County Highway District F1 Nampa Meridian Irrigation District [I Public Works Department
❑ idaha Transportation Department ❑ Settler's Irrigation District ❑ Building Department
❑ Sanitary Services Company ❑ Police Department ❑ Parks Department
❑ Central District Health Department ❑ Fire Department ❑ Other
Application(s) Required:
❑ Administrative Design Review
❑ Alternative Compliance
❑ Annexation
❑ City Council Review
❑ Comprehensive Plan Amendment - Map
❑ Comprehensive Plan Amendment - Text
❑ Conditional Use Permit
❑ Conditional Use Permit Modification/Transfer ❑ Short Plat
[9117evelopment Agreement Modification ❑ Time Extension - Council
❑ Final Plat ❑ UDC Text Amendment
❑
Final Plat Modification ❑ Vacation
❑ Planned Unit Development ❑ Variance
❑ Preliminary Plat ❑ Other
❑ Private Street
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to subrnNW of an application
quidng a public hearing (except for a vacation or short plat); and Z) All applicants for permits requiring a public hearing shall post the
I site wiih a public hearing notice in accord with UDC 11 -5A -5D.3 (except for URC text amendments, Comp Plan text amendments, and
vacations). The information provided during this meefing is based on current UDC requirements and the Comprehensive Plan. Any
subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be
valid for four (4) months.
•
MEETING NOTICE
TED SIGMONT and 3131 Lanark LLC would like to invite you to a
meeting to discuss his request for modifications to an existing
Development Agreement for the property located at 3131/3163 E
Lanark in Meridian, Idaho.
Mr. Sigmont is requesting that the City change the requirement
for a 10 foot pedestrian path to a 5 foot sidewalk.
DATE: Wednesday, December 1, 2010
TIME: 6:00 p.m.
LOCATION: 3131 E. Lanark, Meridian, Idaho
We look forward to meeting with you.
PATRICK MCKEEGAN ARCHITECTS
280 N. Latah St., Ste 100
Boise, ID 83706
p (208) 424-8608
f (208) 424-8609
• 0
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
Tib/ /li%G Z� ZdLt�
A plicant/agen afore Date
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•
Patrick
McKeegan
_ Architects
PO Box 5845, Boise, ID 83705-0845
280 N. Latah St. Ste. 100 Boise, ID 83706
208.424.8608 Fax 208.424.8609
www.mckeeganarch.com
November 26, 2010
To: Mayor Tammy de Weerd
Meridian City Council
City of Meridian, Idaho
Re: Variance Application 3131/3163 Lanark
Dear Mayor de Weerd and Council,
0
My client Ted Sigmont, 3131 Lanark LLC and 3163 Lanark LLC is submitting a Variance
Application relating to the Development Agreement approved as a rezone of his
property in 2008. The Development Agreement was approved by the City on July 6,
2010 and Recorded July 14, 2010 as Instrument No. 110064692.
The purpose of this request is twofold. The first is request a deferral of the
improvements listed in requirement 3; "Construct a 10- foot wide multi -use pathway on
the west side of Eagle Road along the full length of the east boundary of the subject
property, per UDC 11 -3H -4C3. Said pathway shall be constructed with the right-of-way
or a public use easement and street lights shall be installed consistent with the Eagle
Road Corridor Study. Coordinate the exact location of the pathway with ITD staff."
The second part of our request is to have the location of the path designated at the
location shown on the attached documentation.
The UDC has three finding that need to be met.
The first is that "The variance shall not grant a right or special privilege that is not
otherwise allowed in the district." The 10 foot multi -use pathway is a requirement of
the UDC for all properties abutting Eagle Road subject to location and approval by ITD
staff. We are not asking for the requirement to be waived; only that the location and
timing be adjusted to fit the Owners current financial situation. Granting this request will
give the Owner a chance to complete leasing of the building to provide capital for the
improvements over time.
The second is "The variance relieves an undue hardship because of the characteristics
of the site." Eagle Road abutting this property is approximately 4 -6 feet above the
property at the north side. It rises to over 20' above the property at the south property
line. The toe of the slope up to the road is at the property line and rises at an
approximate 1:3 slope to the road way. At the road there is less than 5 feet of level
ground between the edge of existing pavement and the top of the slope. ITD also has a
recessed drainage retention structure in a portion of the ROW abutting the property line.
As stated below placing the multi -use path in the location next to the roadway is an
extraordinary expense that is not in line with the costs other property owners have along
the relatively level portions of Eagle Road. The broad general nature of the UDC
requirement did not take into consideration the unique roadway and property
relationship between Lanark Street and Franklin Road. We feel these unique site
characteristics support the Variance request.
The third is "The variance shall not be detrimental to the public health, safety and
welfare." Granting this variance will enhance the public safety and welfare for those
using the multi -use path. It will locate the path away from a very busy Eagle Road. The
intent of the multi -use path is to provide a safe separated path for use by pedestrian
orientated users. Because of the site constraints construction of the path at the top of
the slope would require placement in close proximity to the roadway to maintain
minimum slope grades. Placing the multi -use path at the toe of the slope gets it away
from the traffic. It places the path closer to the anticipated business uses that hopefully
are destinations for the path users. Location at the top creates a barrier for access
except at the extreme ends of the path at Lanark Street and Franklin Road.
As shown our request meets the three criteria.
When the project was going through the Rezone hearings we met with ITD staff and
initially were told they did not want any public improvements installed between Lanark
Street and Franklin Road because of the unknown and unpredictable nature of the
future roadway improvements. As Council knows, there have been a number of large
scale developments proposed on Eagle Road that will require significant changes to the
current roadway configuration to adequately convey traffic. Recent proposals were
calling for additional turning and deceleration lanes at major intersections. In our case
this would affect the roadway directly in front of our property. The roadway rises from 4'
to approximately 20' above our parking level. ITD owns considerable ROW to allow for
future widening to accommodate turning and deceleration lanes. They also have a 50'
construction easement that comes into our parking lot to allow for potential construction
of retaining walls.
We proposed a number of path configurations at the toe of the slope. These were
rejected by Meridian Planning Staff because they did not feel the vacant property to the
south could be designed to accommodate the path along the property line. I am not
convinced that the property to the south cannot accommodate the path given the blank
design canvas that exists there.
We gave this information to the Meridian Planning staff who contacted ITD. Out of that
2
meeting came the requirement to construct the path along Eagle Road based on current
plans for unscheduled potential roadway improvements. These plans do not appear to
significantly change the roadway configuration. Along our property they are showing a
5' attached sidewalk. We were requested to place the 10' path with the east side in the
same location as the east side of the sidewalk. Because the slope drops off quickly we
will be required to spend an estimated minimum of $34,000 dollars on engineering,
demolition, fill, adjusting utility boxes, slope stabilization and the path itself along our
275' frontage. The costs could escalate once traffic control, additional cost for off hours
work and general unknown conditions are encountered.
We feel strongly that one property owner is being asked to pay for engineering and
construction of public improvements that should be distributed across the property
owners in Meridian that will use Eagle Road and the pathway. We did not anticipate the
level of construction or significant costs when we agreed to the Development Condition.
During our discussions with staff I think we all felt the best place for the path was at the
toe of the slope, away from traffic.
We feel that it is not a good or prudent use of private or public funds to construct
improvements that could very well be removed in a few years when the large
development project to the North come back to life and Eagle Road is widened. It is our
understanding from Staff that discussions on some of these properties are currently on
going.
We asked if there was a method to bond or contribute to a trust fund with the City or ITD
our fair share for future public ROW improvements. We found there is no such
provision. Our choices are to construct the improvements or submit a cash bond or
letter of credit for the project amount plus inflation to defer the improvements for five
years. In today's market, the lease proposals and agreements we are forced to accept
barely cover the building costs, let alone significant offsite improvements. We have
about 18,500 square feet of leasable area. About 60% of that is under a long term
lease that was negotiated before we even applied for the rezone and cannot be
modified. Assuming a 5 year lease term we would have to add $3 per square foot to
new leases just to pay for the off-site walkway. In today's market, large spaces like our
buildings are not getting much more than that in base rent. This puts the building in an
unfair competitive position compared to other similar buildings on Eagle and Franklin
Roads. We have one signed tenant and other potential users looking at the building.
Granting a deferment of installation of the path and allowing location at a more cost
effective location will give Mr. Sigmont time to gain capital for the improvements. He
simply does not have the cash or ability to borrow at this time to do the work.
We are asking that to be allowed to construct the walkway at the toe of the slope as a
10' path. In reviewing the original ITD Eagle Road Infrastructure concept drawing it
appears that the 10' path was not intended to extend south of Lanark Street. On the
documents there is a clear double line delineating the 10' path north of Lanark on both
sides of Eagle Road. On the south only a single line is shown designating a 5'
sidewalk. We tried to present this information at the rezone hearing but it was
discounted at that time. We believe that the roadway designers recognized the
3
C�
0
potential problems with the wider path on the slope. They also may have been a
conscious decision to make it narrower to reduce potential bicycle and other wheeled
recreational traffic speeds. Location at the toe of the slope will provide better access to
the property and a safer environment for the users.
In conclusion I would like to state that Mr. Sigmont is not trying to shirk his responsibility
to contribute to public improvements associated with his property. In this case he feels
that the costs are disproportionate for the size of the property, especially considering
the unknown and unsettled future roadway improvements.
Thank you for consideration of my client's request. We respectfully request your
positive approval.
Sincerely,
Patrick McKeegan Architects
P?ckc ganAIA
Principal Architect
4
November 4, 2010
Patrick McKeegan
Patrick McKeegan Architects
PO Box 5845
280 N. Latah St, Suite 100
Boise, ID 83706
SUBJECT: Opinion of Probable Cost for Path Installation
LANARK ST / EAGLE RD FOR SIGMONT
3163 E. Lanark St
Meridian, Idaho
Dear Patrick:
C�
WIASPEN
NGINEERS
242212th Ave Rd #323
Nampa, Idaho 83686
Phone (208) 466-8181
Fax (208) 442-7858
lanoe@AspenErigineers.com
As requested, I have prepared a preliminary grading design and opinion of probable for the anticipated
10' wide multiuse pathway on the west side of Eagle Rd adjacent to the property at 3163 E. Lanark St in
Meridian, Idaho.
The location and configuration for the pathway were based upon the preliminary drawings provided by
Wade Christiansen of 1TD in accordance with the Eagle Rd Arterial / Corridor Study.
As shown on my preliminary drawing included in Attachment 1, it is anticipated that the pathway will be
a 10' concrete path constructed adjacent to a future vertical curb and gutter along the west side of
Eagle Rd. For the quantities for this opinion, only the pathway and associated fill and utility work were
considered—any associated street widening and curb/gutter installation are assumed to be handled
separately by ITD.
Since the existing ground begins to slope down to the site just past the existing road shoulder, a
significant portion of the anticipated cost will be involved with providing fill needed to support the
sidewalk and transition down to existing grade at a reasonable slope. For the purposes of this
preliminary grading design, the fill was assumed to be constructed at a 3:1 slope. The anticipated
contour lines and fill catch point are shown on the preliminary grading design included in Attachment 1.
The estimated quantities and my opinion of probably cost is summarized in the following table:
Item
Quantity
Unit
Unit Cost
Total
Path Design
1
ea
$
1,500.00
$
1,500.00
Construction Staking
1
ea
$
800.00
$
800.00
Erosion Control
1
ea
$
1,500.00
$
1,500.00
Grub
1 13,840
sf
$
0.10
$
1,384.00
Fill includes 1.15 shrinkage)
900
c
$
13.00
$
11,700.00
Base
24
c
$
18.00
$
432.00
10' Wide Concrete Walk
2,750
sf
$
2.50
$
6,875.00
Elevate Telephone Vault
2
ea
$
1,000.00
$
2,000.00
Adjust Water Valve
1
ea
$
1
200.00
$
200.00
Stabilize new sloe
9,950
sf
$
0.20
$
1,990.00
Subtotal
20% Contingencyl
Totall
$
$
$
28,381.00
5,676.20
34,057.20
5k.5
X3,72°5
C:1Aspen%Projects120101100341Corresp\Outgoing110034-I_PWK_2010-11-02.doc c Ali A V e P� Ir /A.Po
I 4f- U°it-
•
Mr. Patrick McKeegan
Patrick McKeegan Architects
November 2, 2010
Page 2 of 2
•
tiftila'a ASPEN
WqW ENGINEERS
Please keep in mind that the final costs for these anticipated improvements will be impacted by
permitting fees, timing, competition in the market, fluctuations in material prices, and economies of scale
if completed as a larger project. However given the information I have at this point, this is my opinion of
probable cost.
Feel free call me at (208) 466-8181 if you have any questions or need additional information.
Respectfully,
Aspen Engineers, Chartered
Lance Warnick, P.E.
Principal Engineer
cc: Aspen 10034
Attachments
1. Preliminary grading plan for pathway (11/02/2010)
CAAspen%Projeds120101100341Corresp\Outgoing110034-1 PMcK_2010-11-02.doc Page 2 of 2
•
u
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, IAA 14Q. I . S f (o.AO /V -4(.q(,, C UG M IA IU 4
(name) (address)
�t S � ��►lA�.n
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
& C- G A K L 6
(name) (address
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this L2. day of Sep `W�Q0412 _,2Q
SUBSCRIBED AND SWORN to before me the 4 ,
e`'� ��1110184 RES'6 •
�• � S r $sem
.�`��° ••o....°j C .
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tll �•• "'UI3 Lie
,,mss 9 °•O'oeoae°'°•°
61,s� 0�L-2 (; ty-
(Notary Public for Idaho)
Residing ac -71 ?0 W. t eVW 5-P
My Commission Expires: JnIQ H ZoIq
CITY OF MERIDIAN PLANNIIOEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 26, 2008
C. Legal Description & Exhibit Map
FOX Land Surveys. Inc.
4M W. *ve rlaad ltd.:'11tw 1 F"
PROPERTYLANNW O.
Lot 1 and 2. Block 2 of the Olson and Brash Industrial Park SubdMsbn and a Portion of
Larwk Street and Eagle Road, Located in a Portion of the Soud"st % of f Southeast
'K. Section 8« Township 3 North, Range 1 East, Boise Meridian, City of Meridian. Ada
County, Idaho, more particularly demoted as follows,
Beginning at the (bund Brass cap marking the Southeast comer of Section 8, T.3N, R. 1E,
from which the found Brass Cap rnaricrng the East 1t4 comer of Section 8 bears North
til 028'08' East a distance of :2666 12 fleet;
Thence along the Easterly boundary litre of said Section 8, North 01"28`08" East; a
distance of 498:00 feet to the TRUE POINT OF BEGINNING,
thence along the South life of Lots 1 & 2, Block z of the Olson and Bush industrial Park
Subdivision and the easteirly extension theteol, North 88°2817' West a distance of 320.117
feet to a disturbed found "% inch rebar, replaced with a set 5M inch rebar with plastic cap
stamped TLSI PLS 7612" at the Southwest corrier of said Lot 2;
thence along the Wast boundary line of said Lot 2 and the northerly extension thereof.
North 01°28'08" East a distance of 299:92 feet to a point on the center One of Lanark
:met;
thence along said center line South 88 -MOW Fast a distance of 320.07 feet to a point at
its' intersection with East fine of Section 8;
thence along said East line of Section 8, South 01 "28'08"West a die of 299.91 fBetto
the TRUE POINT OF BEGINNING,
Containing 2.203 acres, more or less,
Subject to existing easements and rights-of-way as any may exist, of record or not o
record.
The Basis of Beam for this description is between the found Brass cap marking 8x
Southeast Section comer of Section 8, T,3N, RAE, and the found Brass Cap marking tho
East 19 corner of Section 8 which bears North 01 °28'08" East,
Timothy J. Pox, PLS 7612
i • E •
0.01
V vt 4 P VAL
&4FRJ,V1AW rUBL#C
VVORK5 DEPT.
Exhibit C Page 2
CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEAR DATE OF FEBRUARY 26, 2008
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Exhibit C Page 3
OCT -02-2007 14:54 From:0
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ADA COUN" RECDRDER i, DAVID NAYARRD AMUNT 21,00 I
ODISE IDAHO DIM 02:20 PM !fin! 1 Milli
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DEPUTY
RIEW � �II 111Ulll1il1l illliIIN11101111
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Space Above This Line For Recording Data
DEED OF TRUST
tWtth Future Advance Clauue)
DATE AND PARTIES. The dale ul this Deed Of Trust (Security Inutrument) is May 26, 2006 rhe parties and their
addresses are:
GRANTOR.
3163 LANARK, LLC
An Idaho Corporation
4696 OVERLAND ROAD SUITE 152
BOISE, Idaho 837oo
TRUSTEE:
PIONEER TITLE COMPANY OF ADA COUNTY
a Corporation
8151 W. Rilfeman
Boise, Idaho 83704
LENDER:
SYRINGA BANK
Organized and existing under the laws of Idaho
P.O. Box 7557
Bolso, Idaho 83707
1. CONVEYANCE, For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and
to uccure the Secured Debts and Oruntur's performance under this Security Instrument, Grantor irrevocably grants,
bafqumhs, sells and convoys to Trustee, In trust for the benefit of the Lender, with power of sale, the following
described property:
See Attat;hed Exhibity "A"
The I)ropurty Is located in ADA County at :31613 E LANARK ST„ MERIDIAN, Idaho 83642.
Together with all rights. t:atitiments, )appurtenances, royalties, rnimcrol rights, oil and gas rights, Crops, tielibtrr, all
diversion payments or third party payments made to crop producers and all existing and future improvements,
structures, fixtures, and replacements that may now, or at any time in The future, be part of the real estate
described (all referred to as Property). This Security Instrument will remain in effect until the Secured Dents and all
underlying agreements have been terminated in writing by Lender.
2, MAXIMUM OBLIGATION LIMIT. The total principal amount. secured by this Sucuriry Instrument at arty one time
will riot exceed $710,000.00 This limitation of amount does not include interest and other fens and charges
validly made pursuant to this Security Instrument. Also, this. limitation door, not apply to advances made tinder rho
terms of [res Security Instrument to protect Lender's ser irity and to perform any of the covenants contained in
this Seruirly Instrument
3. SECURED DEBTS. The teirn 'Somired Debts" includes and this Security Instrument will secure each of the
followmrg.
A. Specific Debts. The following debts and off extensions, renewals, refinanninr3s, modifications and
replacements. A promist;ury note or other agreeriient, No. I I547BRO4, dated May 20, 2008, from Grantor to
Lender, with a loan amount of $710,000.00 and inaturing on November 1b, 2026. Ono or nhore of the debts
secured by this Security Instrument contains a hiture advance. provision.
B. Slims Advanced. All sums advanced arid expenses incurred by Lender under the terms of This Security
Instrument when the evidence of indobtedness upucifically states that it is secured by this Security Instrument
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4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and fit
accordance with the terms of the Secured Debts and this Security Instrument. Grantor acknowledges that file
interest rate, payment terms, nr balarice due on the loan may be indexed, adjusted, renewed or renegotiated,
5 WARRANTY OF TITLE. Granwr warrants that Grantor is or will be lawfully seiecd of the estate conveyed by
this Security Instrument and has the right to irrevocably grant, bargain, soft and convey the Property in trust to
'fiuslue, with power of sale. Grantor also waiianis that the Property is unencumbered, except for encumbrances
of iccurd.
6. PRIOR SECURITY INTERESTS. With regard to any other mortgage. deed of trust, t:er:urrty agreement or other
lion document that created a prior security interest or enr,Urnbt.mrcc on the Property, Granikr aurecs:
A. To make all payments when due arid to perform or comply with all euvcrianis.
B. To prufrrptly deliver to Lender any notices that Grantor receives from the holder.
C. Not to allow any modification or extension of, nor to request any lvture advances under any mote or
agreement secured by the lien tfecurmurtt without Lender's prior written consent.
7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, aSsessmcnts, liens, encumbrances, lease payments,
ground rents, utilities, and other charges relating to the Property where dire. Lender may require Grantor to provide
to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payrriam Grantor
will defend title to the Properly against any Claims that would impair the lien of this Security Instrumeni. Grantor
agrees 10 assign to Lender, as ruquosted by Lender, any rights, clarrtrs or defenses Grantor may have against
parties who supply labor or materials to maintain or improve the Property.
8. OUE ON SALE. Lender may, et its option, declare the entire balance of ore Secured Debt to be immediately due
and payable upon the creation of, ni r:ontr8ct for the creation of, any transfer or sale of all or any part of the
Property. This right is subject to the restrictions imposod by federal law 112 C.F R. 5911, as applicable.
9. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person Isuch as a
corporation or other organization), Lender may demand immediate payment if:
A. A bonnhr.ial interest in Grantor is sold or tiarisferred
S. There is a change in either the idemlity or number of members of a oattmu►ship or similar entity.
C. Ttteru it; a change in ownership of more than 75 purucnt of the voting stock of a cutporation or similar entity
However, Lender may not demand payment in the above situations if it is prnhihited by law as of the date of this
Security Instrument.
10. WARRANTIES AND REPRESENTATIONS. Grantor makes to Leader the following warranties arid
representations which will continue au lung as this Security Instrument is im effect:
A. Power. Grantor is duly organized, and validly existing and in good standing in all jurisdictions in which
Grantor operales. Grantor hes the power and authority to enter into this transaction arid to carry on Grantor's
busines►, or activity as it iv now being conducted and, au applicable, is qualified to do co in each jurisdiction in
which Grantor rnperates.
U. Authority. The execution, dplivrry and performance of this Security firstrument and the obligation evidenced
by this Security Instrument are within Grantor's powers, have been duly authorned, have received all necessary
governmental approval, will not violate any provision of jaw, or order of cuurt or governmental agency, and will
not violate any agreement to which Grantor is a party or to which Gianinr is or any of Grantor's property is
subject.
C. Name and Place of Business. Other triad provinusiv disclosed in writing to Lender, Grantor has not changed
Grantor's name or principal place of busiiiass within the last 10 years and has not used any other trade or
fictitious name Without Lender's prior wfitlon cansant, Grantor does not and will not usu any other name and
will prC::t:rvu Grantor's existing name, trade names and franchises.
11. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition
and make all repairs that ate reasonably necessary. Grantnr will riot commit of allow any waac, impairment, or
deterioration of the Property C3ta11lur will keep The Property free of rruxious weeds and grasses Grantor agrees
that the nature of the occupancy and use will not substantially change without Lender's prior Written consent
Grantor will not permit any change in any license, restrictive covenant or easement without Lander's prior written
consent. Grantor will notify Lender :if all demands, proceedings, claims, and actions against Grantor, avid of any
loss or damage to the Property.
No portion of the Property will be removed, demolished or materially altered without Leridor's prior written consent
except that Grantof has the right to remove items of peesurial property comprising a part of the Property that
become worn or obsolete, provided that Such personal piril:rcity is replaced with other personal property at least
equal in value to the replaced personal property, free from any title retention device, secutay agreement or other
encumbrance. Such replaapmerit of personal property will he d". mcd subject to the security imicinst created by
this Security Instrument. Grantor will not partition or subdivide, the Property without Lender's prinr written
cumsont
Lender nr Lender's agents may, at Lender's option, enter Inn Property at any reasonable time for the purpose of
inspecting the Propurty. Lander will give Grantor nutrce at the time of or before an inspection specifying a
roasanahip purpose for the inspection. Any inspection of the Property will be enlirely for Londer's benefit and
Grantor will iii no way rely on Lender's inspection.
12. AUTHORITY TO PERFORM. If Grantor fails To perlorm any duty or any of tilt covenants contained in tfrrs
Security Instrurneril, Lender may, without notice, perforin or cause them to be perfisimud Grantor appoints Lander
as attorney in tart to sictrr Grantor's name or pay any Hriruunt necessary for performrncu. Lender's right to
perform for Grantor will nut create an obligation to perforin, arid Lender's failure to perfuritr will not preclude
Lender from exercising any of Lendar's other rights under the law or this Security Instrument If Orly construction
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on the Property is discontinfor not carried an in a reasonable manner, Leridar m9 take aft steps necessary to
Protect Lender's socurily interest in the Property, including completion of the construction,
13. ASSIGNMENT OF LEASES AND RENTS. Grarrtur absolutely, unconditionally, irrevocably and immediately
assigns, grants, bargains and conveys to Lender all the right, title acid interest in the following (Property)
A. Existing or luturo looses, subleases. licenses, guaranties and any olrrev written or verbal agreements for the
uut, olid occupancy of the Properly. including but not limited tri :any extensions, renewals, modifications or
replar..ementu (Leases).
B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents,
additional rants, common area maintenance charges, parking charges, real estate taxer;, nlhpr Applicable taxes.
insurance premium contributions, liquidalod damages following default, cancellation prerrirtrmf:, "loss of ronls'
insurance. guest receipts, revenues, royalties, proceeds, bonuses, accounts. contract rights, general intangibles,
and all rights and claims which Grantor may have that in any way pertain to or are on account of the use or
occupancy of tho whole or any part of The Piupurty (Rentsl
In trio event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be
regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases and will certify
these Leases are true and correct copies. The existing Leases will he provided uri execution of the Assignment,
and all tuture Leases and any other information with respect to these Leases will be provided immediately after
they are executed. Lender grants Grantor a revocable license to collect, receive, enjoy and use the Rents so long
A$ Grantor is not in default. Grantor's default automatically and immediately revokes this license, Grantor will not
rnilect in advance any Rents due in future lease periods, unless Grantor first obtains Lender's written consent
Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting
and preserving the Property, and other necessary expenses. Upon default, (;rantor will receive any Rents in trust
for Leader arid C;rantor will not commingle The Rents with any other funds. When Lender so directs. Grantor will
endurse and deliver any payments of Rents from the Property to Lender. Grantor agrees that Lender will not be
cunsrduied to be a mortgagee -in -possession by executing this Security Instrument or by Collecting or receiving
payments ort the Secured Deters, hot only may become a mortgagee -in -possession atter Grantur's license to
Collect. receive, enjoy and use the Rents is revoked by Lender or automatically revoked on Grantor's default, and
Lender takes actual possession of the Property. Consequently. until Lender takes actual possessiuri of the
Property. Lender is not obligated to perform or discharge any obligation of Grantor under the Leases, appcat in or
defend any action or proceeding retatirig to ilia Rents, the Looses or the Property. or be liable in any way for arty
injury or damage to any person or property sustained in or about the Property. Grantor agrees that this Security
Instrument is immediately effective between Grantor and Lender and effective as to third parties on the recording
of this Assignment. As long as this Assignment is in effect, Grantor warrants and represents that no default exists
under the Leases, and the parties subject to the Leases (cave not violated any applicable law on leases, licenses and
landlords and Tenants. Grantor, at its sole cost and expense, will keep, observe and perform, and require all other
parties to the Leases to comply with the Leases and any applicable law. If Grantor or any party to the Lease
defaults or fails to observe any applicable law, Grantor will promptly notify Londer. If Grentor neglects or refuse::
to enforce compliance with the terms of the Leases, than I ender maV, at Lander's option, enforce compliance
Grantor will not sublet, modify. extend, cancel, or othaiwiss after the Leases, or accept the surrender of the
Property covered by The Leases runless the Leases so reouire) without Lendar'1: consent Grantor will not assign,
nompromise, stihordinate or encumber the Leases and Rents without Leader's prior written consent. Lender does
not assume ur become livable for the Property's maintenance, depreciation. or otrrer losses or damages when Lender
acts m manage, protect or preserve the Property, except for losses and dantagas due in Lender's gross negligence
or interitiutial turfs. Otherwise, Grantor will indemnify Lender and hold Londer harmless for all liability, loss or
damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under
the Leases.
14, DEFAULT. Grantor will he in i,lrf;,iilt it any of the following occur:
A. Payments. Grantor fails to make a payment in full when due.
B, Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf
of, application of any debtur rubel raw, the assignment for the benefit of creditors by or on behalf of, the
voluntary or involuntary termination of rxrstanre by. or the commencement of any proceeding under any
present or future federal or state insolvency, bankruptcy, reorganization, composition or debtur ralial law by or
against Grantor. Borrower, or any co-signer, inid (ser. surety or guarantor of this Security Instrument or any
Other obligations Borrower has with Lendui.
C. Business Termination. Grantor merges, dissolves, reorganizes, ends itR hirsines; or existence, or a partner or
ala)ority owner dies or is declared legally incompetent.
D. Failure to Perform. Grantor fails to perform any uundilron or to keep any promise of rovenant of this
Security Instrument
E. Other Documents. A default occurs tinder The Terms of any othet dueurricnt relating to the Secured Debts
F. Other Agreements, Grantor is in default urr arty other debt or agteemcnt Grantorhas with Lender
G. Misrepresentation. Grantor makes any verbal or written statement or provides arty financial information that
IN untrue, uiarx: irate, or conceals a material tact at the time it is made or provided
W. Judgment. Granlot' fails to satisfy or appeal arty ludnrrerit against Grantor
I. Forfeiture. The Property is used in a manner or for a ptirprtse that thivatens confiscation by a legal authority
J. Name Change, Grantor changes Grantor's name or assumes an additional nama without notifying Lender
before making such a change.
K. Property Transfer. Grantor transfers all of a substantial part of Grantor's money or pr000rty. This conditttin
of default, as it relates to the tranfer of the Property, is sub)ect to the rastrictiwis contained in the DUE ON
SALE sactron
L. Property Value. Lender determines in gond faith that thu value of the Property has declined or is imhairrd
31631.ANARK LLC --
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M. Material Change. Without first notifying Lender, there iy a material change in Grantor's business, including
ownership, management, and financial conditions.
N. Insecurity. Lander determines in gnnd toith that a material adverse change has ricrurrr:d in Grantor's
financial condition from the conditions set forth in Grantor's most recent financial statement before the date of
this Security Instrument or that the prospect for payment (it puilminance of the Secured Debts is impaired for
any reason.
15. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or
in Any document relating to the Secured Debts. Any ainuunis advanced on Grantor's behalf will be immeditiiely
due and may he added to the balance owing under the Secured Oahts Lender may make a claim for any and all
insurance benefits of refunds that may be available on Grantor's detault
Subject to any right to cure, required rime schedules or any other notice rights Grantor may have under federal and
state law, Lender may make all or any part cif the urnount owing by the terms of rhe Secured Debts immediately
due and foreclose this Security Instrument in a manlier provided by law upon the orr,ufrence of a default or
anytime thereafter,
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or
equity, whethr,.I tit not expressly sot forth, The acceptance by Lender ut any sum in payment or partial payrriem
rin the Secured Debts alter the balance is due or is accelaratpd or after foreclosure proceedings are filed will not
constitute a waiver of Lender's right To require full and r.nrriplete cure of any existing default. Ry nut exercising
:+r)y ieirrady, Lcnder docs not waive Lender's right to later rn,isidut lite event a default if it continues of isapperts
again.
16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by tow.
Granter agrees to pay all expenses of collection, enforcement or prntection of Lender's rights and remedies under
thio Security Instrument or any other document relating to the Secured Dehis Grantor agrees to pay expenses for
Lender to inspect and preserve the Properly and for any recordation costs of releasing the Property from this
Security Instrument. Expanses include, but are not limited to, attorneys' IFws, court costs and other legal
expenses. These expanses are due and payable immediately, If not paid Immediately, these expenses will bear
interest from the date of payrrtcnl until paid in full at the highest interest rate in effect as provided for in the terms
of the Secured Debts. In addition, rn the extent permitted by the United States Bankruptcy Code, Grantor agrees
to pay the reasonable atturnoys' inns incurred by Lender to protect Lender's rights and interests in connection with
any bankruptcy prueeedings uunatad by or Against Grantor.
17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. At used its this section, (I I Environmental Low
means, without limitetinn, the Gutisprchensive Environmental Response, Cnmpem;upon and Liability Act (CERCLA.
42 U.S.C. 9601 at seQ 1, all other federal, state and local laws, regulations, ordinances, court orders, attorney
general opinions or interpretive lettt;rs uwicerning the public health, safety, welfare, wivironment or a hazardous
substance; and (2) Hazardous Substance mearts any toxic, radioactive or hazardous material, waste. pollutant or
contaminant which has characteristics which render the substance dangerous or Potentially dangerous to the public
health, safety, welfare or onvironniftot The term includes. without limitation, oioy substances defined as
'hazardous material," "toxic substance," "ha2mdous waste," 'hazardous Substance,* or "rugulated substance'
under any Environmental Law.
Grantor represerita, warrant; and agrees that.
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous StihsTance has been, is,
or will be located, transported, manufactured, tranted, refined, or handled by any person an, under or about the
Property, except in the ordinary course of business and in strict compliance with all applicable Environmental
Law.
S. Excepi as previously disclosed and acknowledged in writing to Lender. Grantor has not and will not cause.
cuurrribute in, or permit the release of any Hazardous Substance 06 the Property.
C_ Grantor will immediately notify Lander if ill a release or threatened release of Hazardous Substance occurs
un, under or about the Property or migrates or th(eutens to migrate from nearby property; or {21 there is a
virdwiun of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary
remedial actioto in accordance with Environmental Law
D. Except as previously disclosed and acknowledged in writing to Leridur, Grantor has no knowledge ul or
reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind Whiling to
(1) any Hazardous Substance located on, under or about the Pioptuty; or 12) any violation by Granter or any
tenant of any Environmentut Law. Grantor will immediately nobly Lcnder in writing as soon as Grantor hes
reason to believe thele i:1 any such ponding or threatened investiy;,tiun, claim, or proceeding. In such an event.
Lender has the right, bvt lint the obligation, to participate in any such proceeding including the right to iccolve
copies of any documents relating to such proceedings
E. Except us previously disclosed and acknowledged Iri writing To Lender, Grantor and every tenant have been.
are and will reniurn in full compliance with any applicable Environmental Lew
F. Except as previously disclosed and acknowledged in writing to Lender, there are iso underground storage
tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
added unless Lender first consents in writing.
G. Grantor will regularly inspect the Property, monitor the activities anrf opuralions on the Property, and confirm
that all permits, licenses or apprnvals iequiiud by any applicable Envirrinmeiitul Law are obtained and COrTipliud
with
H. Urantor will permit, or cause any tenant to peirrnt, Lender or Lender's agent to urltor and inspect the Property
and review all records at any reasortahlr tit -Tit! in determine (l I the exiatenue, location and datura of any
Haiardous Substance on, under Or about the Properly; (2) the existence. location, nrltuic, and magnitude of any
Hazardous Substance that has been released on, udder or about the Property; or (3) whether or Isut Grantor and
ally tenant are in compliance with applicable Fnvirorutter tal Law.
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1. Upon Lender's request and at any time, Grantor agrees, at Grantor's oxpefnse, to engage a qualified
environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit
zo Lender The choice of the environmental engineer who will peflufm such audit is subject to Lender's
approval.
J. Lender has the right, but not the obligatiun, to perform any of Grantor's Obligations under this wutiun at
Grantor's expense.
Il:, As a consequence til any breach of any representation, warranty or promise made in this sartion. (1) Gtantur
will indemnify and hufd Lender and Lender's Successors or assigns harmless from and against all Ins mu, claims,
demands. liabilities, damages, cleanup, response and remediation costs, penalties and expense,, including
without limitation all costs of litigation arid i lurrnays' fees, which Lender and Lender's successors or assigns
may sustain; and 12) at Lender's discretion, Lender may release this Security Instrument and in return Grantor
will provide Lender with collateral of at least actual value to the Property without prejudice to any of Lender's
rights under this Security Instiurnerll.
L. Notwithstanding any of the language contained in this Serurity Instrurnont to the contrary. the terms of this
suctiun will survive any foreclosure or satisfaction of this Sacurity instrument regardless of any passage of title
to Lender or any disposition by Lender of any or all of the Property. Anv clams and defenses to the Contrary
aiN heir -try waived.
18. CONDEMNATION. grantor will give Lander prompt notice of any putiding or threatened action by private or
PUNIC entities to purchase or take any or all of the Property through cundereutution, aminent domain, or any other
means Granter authariros Lender to intervene in Grantor's name in any of the abuvo described actions or claims.
6imitur assigns to Lender the proceeds Of any award or Claim for darTiogos uonnarted with a tondemnation or
Other taking of all or any part of the Property. Such proceeds will be cunuiduiod payments and will be applied as
provided til this Security Instrument. This assignment of proceeds is sublew In the terms of any prior mortgage.
decd ul trust, security agreement or other lien document.
19. INSURANCE. Grantor agrees to keep the Property insured against the rlyku reasonably associated with the
Property Grantor will muinlain this insurance in The amounts Lender requires This Insurance will last until the
Property Is released from this: Security (rlstrunionL. What Lender requires pursuant to the pieceding two sentences
can change during the term of the Secured Debts. Grantor may choose the ioswanr..e company, subject to
Lender's approval, which will not be kutre+4swiably withhold.
All intwroticu policies and renewals will include a standard 'mortgage; clause" and, where applicable, "loss payee
r;I,hlr:e " 11 required by Lander. Grantor agrees to maintain comprehpnnive poncral liability insurance and rental brei,
of hus6less Interruption insurance in amounts and under policies anneptable to Lender. The comprehensive general
liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance
must lie rn an arnuunt equal to at least coverage of one year's debt service, and required escrow account deposits
Iii agreed to separately in writing).
Grantor will give tender and the insurance conparnY immediate notice of any loss, All insurance prnreeds will be
applied to restoration or repair of the Property Or to the Secured Debts, at Lender's option. It Lundar acquires the
Proporty in damaged condition, Grantor's rights to any insurance policies and proceeds will pass in Lender to the
extent of the Secured Debts
Grantor will immediately notify Lander of cancellation or terrrtinatian at insuronec. If Grantor fails to keep the
Prapnrty insured, Lender may obtain insurance to protect Lender's inlerest In the Propotty and Grantor will pay far
the insurance. on I ender's demand. Lender may demand that Grantur pay far the insurance all at once, or Lander
may add the insrirance premiums to the balance of the Secured Debts and charge interest on it at the rate that
applies to the Sarured Debts This insurance may include covaiagus not nriginolly requirod of Grantor, may be
wntterl by a company other than one Grantor would choose, and may be written at a higher rate than Grantor
could ubiain if Grantur purrhe9ed the insurance. Grantor acknowledges and agrees that Lender or one of Lender's
affiliates may receive ourninissinns on the purchase of this insurance.
20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pity to Lander funds for taxes and
insurance in escrow.
21. CO-$IONERS, If Grantor uignti oils Srrurity Instrument but is not otherwise obligated to pay the Secured
Debts, Grantor does so only to convey Grarilor's interest in the Property to secure payment of the Secured Debts
and Grantor does not agree by signing Uas Security instrument to be personally liable un the Secured Dobts. If this
Security Instrument secures a guaranty betwonn Lender and Grantor. Grantor agiaes to waive any rights that may
prevent Lender from bringing any action or clanii against Grantor or airy party indebted under the nhha ltion These
rights may include, but are not limited to, any ane duhcienry or one -action laws.
22. SUCCESSOR TRUSTEE. Lender, at Lender's nptifm, may Item time to time remove Trustee and appoint a
Successor withuut any other formality than the designation in wnting. The successor trustee, without conveyance
of the Property, will succeed to all the title, power and duties conferred upon Trustee by this Security Insiturnent
and applicable law
23. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraiserriefit arid homestead exemption
rights relating To The Property
24 DECLARATION. Grantor declares that the Presiwily it; either not more than forty ar.res err area or that The
PrnpeoV is loculcd within an incorporated City or village
26. CONSTRUCTION LOAN. This Security Instiumurll uancoes an obligation incurred for the eOnstrumion of on
impiuvurnent on the Property.
2G. APPLICABLE LAW. This Security instrument is governed by the laws of Idaho. The United Staten. of Amcnca.
and to the extent required, by rhe laws of the jurisdiction where the Ptopuiiv is located except to the extent such
slab laws are preerilpted by federal law
3163 LANARK, LLL
Idaho DOW 61 T—I
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OCT -02-2007 14:56 From: 0
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27, JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security
Instrument are independent of the obligations of any other Grantor. Lender may suc each Grantor individually nr
together with any other Grantor. Lander may release any part of the Prnpeity and Grantor will still be obligated
under this Security Instrument for the remaining Property. Grantor agrees that Lender and any party to this
Security Instrument may extend, modify or ntako any change in the forms of this Security Instrument or any
evidence of debt without Grantnr's consent. Such a change will not release Grantor born the terms of this
Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and
assigns of Lender and Grantor.
28. AMENDMENT, INTEGRATION AND SEVERABILITY, This Security Instr'urnwil may not be emended or modified
by oral agreement No amendr'rrunt or modification of this Security Instrument is clInctive unless made in writing
and executed by Gowilor and Lender. This Security Instrument and any other documents relating to the Secured
Debts are the complete mia final expression of the agreement. It any provision of this Security Instrument is
unenforceable, then the unenfoicuable provision will be severed and the remaining provisions will still be
enforceable.
28. INTERPRETATION. Whenever used, the ;.irtquiat includes the plural and the plural includes lire singular. The
section headings are for convenience nnly and are riot to be used to interpret or define the tetras of this Security
Instrument
30. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise
required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's
address listed in the DATE AND PARTIES section, or to any other address daagnated in writing. Notice to one
Grantor will be deemed to be notice to all Grantors, Grantor will inform Lender in writing of any change in
Grantor's dame, address or other application information. Grantor will provide Lender uny financial statements or
information Lender requests. All financial statements and information Grantor gives Lender will he correct and
complete. Grantor agrees to pay all expanses, changes and taxes in connection with the picparatinn and recording
ut this Security Instrument. Grantor agrees to sign, deliver, and file env additional documents or certifications that
Lcnder may consider necessary to perfect, cuntirlue, and preserve Grantor's obligations under this Security
Instrument and to confirm Lender's lien status uri arty Property, and Grantor agrees to pay all expenses, charges
arid tuxes in connection with the preparation and recording thereof, Time is of the essence.
31. AGREEMENT TO ARBITRATE. Lender or Grantor may subiniL to binding arbitration any diypulc, claim or other
nraftar in question between or among Lender and Grantor that uiiscs out of or relates to this Traimacuon (Dispute),
exuepl as otherwise indicated in this section or as Lender and Grantor agree to in writing. For purposes of this
section, this Trans-iction includes this Security Instrument and any other document relating to the Secured Debts.
and prnpnsed loans of extensions of credit that relate to this Security Instrument. Landet or Uiantor will not
aibitrals any Dispute within any 'core proceedings" undar the Uoited States bankruptcy laws
Lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debl secured by real estate at
'I,,- limy, of the proposed arbitration. Lender may tercclosc or exercise any powers of salt against real property
securing the Sri sor-J Debt underlying any Dispute before, aurino or after any arbitration. I -ender may also enforce
the Secured DAM seuuied by this real property and underlying the Dmpute before, during or after arty arbitration.
Lcnder or Grantor may: whether or not any arbitration has begun, putsue any self-help or similar rentedics.
including taking property or exercisinq other rights under the law; seek attachment, garnishment, receivership or
other provisional reryiedies from a court having jurisdiction to preserve the rights of or to prevent irreparablq injury
to Lender or Grantor; or foreclose against any property by any method or take legal action to recover any property
horeclosing or exercising a power of sale, beginning and continuing A judicial action or pursuing self-help remedies
will riot constitute a waiver of the right to compol arbitration.
The arbitrator will deteirnirie whether a Dispute is arbitrable. A single arbitrator will resolve any nisptite, whether
individual or joint in nature, or whether based on Contract, tail, or any other matter at law or in equity. The
arbitrator may consolidate any Disputa with any related disputes. claims nr other matters in question not arising
out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award
I he judgment or decree will he enforced as any other judgment or dents.
Lender and Grarllur acknowledge that the agreements, transactions or the relationships which result from the
agrooments or tiarisachuns bntween and among Leader and Grantor involve interstate corrirnorce. The United
States Arbitration Act will govarn the Interpretation and enlorrement of this section.
Ilia American Arbitration Association's Commercial Arbitration Rules, iii ellcct on the date of thio Security
Instrument, will govern the selection of the arbitrator and the arbitration process, unless otherwise agieed to in this
Sucunty Instrument or another writing.
32• WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor understand that the parties have the right or
opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes
through arbitration instead of litigation. If any Dispute is arbitrated, Lender and Grantor Voluntarily and knowingly
waive the right to have a trial by jury or judge during the arbitration,
SIGNATURES. By signing, Grantor agleer.;: to the terms and covenants contained in this Svvurlty Instrument
Grantor also acknowledges receipt of a r,npy of this Security Instrument.
GRANTOR:
1r1,u.0 Dud el rant Iniririn
10r4111nnn•0093710000018% 10053 I DO Y 68>WS: V11nn. me St CI—J Mk
OCT -02-2007 14:56 From: . 2083437484 Tol§84248609 P.8/9
ACKNOWLEDGMENT,
(Business or Entity)
�. OFrJw.k� — OF {�r11r ss.
On this duy of 1_Q�4 before me.
a Notary Public, per nally appeared PACIFIC NUHTWWFST ELECTRIC,
INC. and Walter T Sigmont known or identified to me (or proved to rile on the oath of
_ "'y _ I to be the president, or vice-president, or secretary or assistant
secretary, of the corporation that executed tho instrument or the person who executed the instrument nn behalf of
said corporation, and atknnwlndged in me that :;ucl, corporation the same,
My commission expires: C
(Notary Public)
REQUEST ron AECONVFYANCE
(Not to be completed until plaid 1rr lull)
TO TRUSTEE:
The undPrsrgned is the holder Of the note or notes secured by this Security Instrument. Said note or notes,
Together with all other irldebtednoss secured by this Security InstnimPnt, have [icon paid in full. You are hereby
directed to cancel this Security Instrument, which is delivered hereby, and to rceonvey. without warranty, all the
estate now held by you under this Security Instrument to the person ral persons legally entitled thereto.
(AULhtilized Lender Signature) Wate)
.1 IQ LANAhN LLC -
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OCT -02-2007 14:56 From: • 2083437484 To
84248609 P.9,9 D'D
EXMBIT A
Paroc! !i Description
A portion of 1,r,t. 7 and a portion of Lot 1 of the Olson and Bush Industrial Park Subdivision, located in a pOMOU of the
Southcatit % of the Southeast A, RexAion 8, Township 3 North, Range 1 Gast, Boise Mrridian, City of Meridian, Ada
county, Idaho.
A portion of Lot 7 and a portion of Lot 1 of the Olson and Bush Industral Park Subd VWOa,1Oeated in a portion of the
Southeast t,G of the Southeast %, Section 8, Township 3 Noah, Jtenge 1 East, Boise Mendian, City of Meridian, Ada
County, lddho, more particularly described as follows:
i$cgingiug at the found brass cap warkine the Southeast corucr of Section 8, Township 3 North, Range 1 East, frow
which the found brame cap marking the East % comer of Section 8 bears North Oi"28'08" Fast a distance of 2,650.12 test;
Thencc along rite Easterly boundary of said Section, North. 01 °28'08" Last, a distance of 498.00 feet to a point,
Thence leaving said boundary, ,North 86°28'17" West, a distance of 100.00 feet to a found 518 inch rehar with plastic cap
stamped "FLST PLS 7612" on the West right-of-way of Eagle Road at the TRUE POINT OF BEGINNING;
Thence leaving aid ripest of --way and conunuing along the South line of Tots 1 +std 2, Nortb SMR'l7" west, a distance
of 220.07 feet to a found 518 such rebar with plastic cap stamped' LSI PLS 7612" at the Southwest cor= of Lot 2.
Thence along ihu Wtztetty boundary of said Lot. North 01`28'08" But, a distanoc of 82.10 feat to a act 518 inch rebar
with plastic cap stamped "FUI PIS 7612";
T'hencc having the Westerly boundary of Lot 4 Soullt 88°35'10" Gast, a distance of 101.58 feet to a set 318 inch rebaa
with plastic tap stamped "FLS1 FLS 7612";
Thence North 01'24'50" Rant, a dis=cc of 6.21 feet to a rat 518 inch rebar with plastic cap stamped "FLSI PLS 7612";
Thmoe South RR°33' 10°' Toast, a distance of 32.50 feet to a sat 5/8 inch rebar with plastic cap stamped "nSI Pi,S 7ti12
Thence North 01"24' 50" East, a diatanco of 32.06 feet to a r.4t 518 inch rebar with plastic cap stamped "FEST PLS 7612",
Thence Sotttb AS135154' lust, a distance of 56.03 feet to a set 5/8 inch rebar whit plastic cap stastped "FUT PLS 7612",
Thence Nw* 01,28'08" Last, a distance of 154.15 feet to a set 518 inch rebar with plastic cap stamped "MSI PLS ?612"
at a point on the Southerly right-of-way of Lanark Street;
Thence along said rigbt.of way, South 88°28'08" East, a dlstamec of 30.00 feet to a found 518 inob rebar with pluUc cqp
sUmped "FLSI PLS 7612" at a point on the Westerly right-of-way of Eagle Road;
Thence along said tigbt-of=way, South 01°28'08" West, a distance of 274.92 feet to the TRUE POrNT OF BEGINNING.
Hearing Date: December 28, 2010
File No.: VAR -10-003
Project Name: Lanark Property
Request: Request for a variance to UDC 11 -3H -4C.3 which requires a 10 -foot wide multi -use
pathway be constructed along SH 55/Eagle Road, by Ted Sigmont.
Location: The site is located on the SWC of E. Lanark St. & N. Eagle Road (SH 55) at 3131 &
3163 E. Lanark Street, in the NE '/4 of Section 17, Township 3 North, Range 1 East.
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Page 1 of 3
Jacy Jones
From:
Sonya Watters
Sent:
Tuesday, December 21, 2010 2:18 PM
.To:
Jacy Jones
Cc:
pat@mckkeganarch.com
Subject:
FW: Lanark Property Variance
Attachments:
208070 site plan-SD1.0.pdf
Jacy,
Please include this site plan in the application.
Thanks,
Sonya
From: Patrick McKeegan [mai Ito: pat@mckeegana rch.com]
Sent: Tue 12/21/2010 2:12 PM
To: Sonya Watters
Subject: RE: Lanark Property Variance
Sonya — I was reviewing my application and think I may have not included this plan which is referenced
in my narrative. Patrick
Patrick McKeegan AIA
PMA, Inc.
dba Patrick McKeegan Architects
280 N. Latah Street, Ste. 100
PO Box 5845
Boise, ID 83705-0845
208-424-8608
pat@mckeeganarch.com
PMA is a Veteran Owned Small Business
From: Sonya Watters [mailto:swatters@meridiancity.org]
Sent: Tuesday, December 21, 2010 2:06 PM
To: Patrick McKeegan
Subject: RE: Lanark Property Variance
Scanned copies are fine ... thx!
From: Patrick McKeegan [mailto:pat@mckeeganarch.com]
Sent: Tue 12/21/2010 1:57 PM
To: Sonya Watters
Subject: RE: Lanark Property Variance
Attached is a scan copy of the notorized sign posting affidavit and photos of the signs in place. Do you
need the original mailed to you?
Patrick McKeegan AIA
PMA, Inc.
12/23/2010
Page 2 of 3
dba Patrick McKeegan Architects
280 N. Latah Street, Ste. 100
PO Box 5845
Boise, ID 83705-0845
208-424-8608
pat@mckeeganarch.com
PMA is a Veteran Owned Small Business
From: Sonya Watters [mailto:swatters@meridiancity.org]
Sent: Friday, December 17, 2010 12:44 PM
To: Patrick McKeegan
Subject: RE: Lanark Property Variance
Great, thanks! Just wanted to make sure it didn't slip your mind during the holidays....
From: Patrick McKeegan [mailto:pat@mckeeganarch.com]
Sent: Friday, December 17, 2010 12:26 PM
To: Sonya Watters
Subject: RE: Lanark Property Variance
Sign was placed this morning. I am going to photograph and submit the affidavit on Monday. Patrick
Patrick McKeegan AIA
PMA, Inc.
dba Patrick McKeegan Architects
280 N. Latah Street, Ste. 100
PO Box 5845
Boise, ID 83705-0845
208-424-8608
pat@mckeeganarch.com
PMA is a Veteran Owned Small Business
From: Sonya Watters [mailto:swatters@meridiancity.org]
Sent: Friday, December 17, 2010 12:19 PM
To: Patrick McKeegan
Subject: Lanark Property Variance
You are receiving this e-mail because you have a project scheduled on the December 28th City
Council agenda. To ensure that your project is heard on the 28th, please make sure that the site is
posted with the notice of public hearing sign(s) as required by city code at least 10 days prior to the
public hearing (see UDC 11 -5A -5D). Once the posting has occurred, please submit the required
photograph(s) and notarized statement of posting to the city at least 7 days prior to the public
hearing. If you have any questions, please let me know.
Thanks,
sovL& wattevs
Associate City Planner
City of Meridian - Planning Department
33 E. Broadway Avenue, Suite 210
12/23/2010
Page 3 of 3
Meridian, Idaho 83642
208.884.5533 ph. / 208.888.6854 fax
12/23/2010