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Application• • ~irE IDR IAN-- IDAHO / TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: 30-Dec-10 Transmittal Date: December 8, 2010 File No.: AZ 10-005 Hearing Date: January 6, 2011 Request: Public Hearing -Annexation and Zoning of 1.50 acres of land from R1 (Ada County) to R-4 (Medium Low Density Residential) zoning district for Ada County Highway District Ten Mile Annexation By: City of Meridian Public Works Department Location of Property or Project: Southwest corner of W. Ustick Road and N. Ten Mile Road Joe Marshall (No FP) Scott Freeman (No FP) Wendy Newton-Huckabay (IVo 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 $ervIC2S (No VAR, VAC, FP) Building Department /Rick Jackson Fire Department Police Department City Attorney City Public Works/Scott Steckline City Planner Parks Department Economic Dev. (cuP only) 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) IntefmOUntaln 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. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 •Fax 208-888-4218 • www.meridiancity.org n u E II~IAN, .~ .. ~~ Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Alternative Compliance ^~ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment STAFF USE ONLY: ^ Conditional Use Permit O A Z- (0'~0 S ^ Conditional Use Permit Modification File numbers ^ Design Review ^ Final Plat r~ ~ ^ Final Plat Modification Project name: ^ Planned Unit Development Date tiled: 2~r76-~r7 Date complete: ~Z `~~~~ ^ Preliminary Plat ^ Private Street Assigned Planner: ~~~ >^6 ^ Rezone .Related fi]es: ^ Short plat ^ Time Extension (Commission or Council) ^ UDC Text Amendment Hearing date:~~Commission ^ Council ^ Vacation (Council) ^ Variance ^ Other Applicant Information Applicant name: City of Meridian Public Works Department Phone: 898-5500 Applicant address: 33 E. Broadway Zip; Applicant's interest in property: ^ Own ^ Rent ^ Optioned ^~ Other Owner name: Ada County Highway District Phone: 867-6100 Owner address: 3775 N. Adams St., Garden Citv, ID Zip: 83713 Agent name (e.g., architect, engineer, developer, representative): Firm name: Phone: Address: Zip: _ Primary contact is: ^ Applicant ^ Owner ^ Agent ^~ Other Contact name: Pete Friedman Phone: 884-5533 E-mail: pfriedman@ meridiancity.org Fax: Subject Property Information Location/street address: 3157&3175 N. Ten Mile Rd., Meridian,lD Assessor's parcel number(s): APN 51203110031,5120311010,S1203110054 Township, range, section: ~ /V ~ ~ Total acreage: ,~ ~ . 5~ A.GItt Current land use: Rental Residential Current zoning district: Ada County R-1 ~ioYl. 33 E. Broadway Avenue, Suite 21.0 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 • • Project Description Project/subdivision name: General description of proposed project/request: City initiated annexation with property owner consent Proposed zoning district(s): R_4 Acres of each zone proposed: 1.22 Type of use proposed (check all that apply): Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): Residential Project Summary (if applicable) Number of residential units: 2 existing Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^single-family ^ Townhomes ^ Duplexes ^Multi-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Existing (if applicable): Building height: Landscaping: Building: Paving: 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: Number of compact spaces provided: Authorization Print applicant name: Applicant signature: . fi Date: D 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 • (~~E IDIAN~--- IDAHO December 3, 2010 Mayor De Weerd and City Council City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Dear Mayor and Council: /, ~ aC/~S Please consider this application for annexation of~acres of real property into the City of Meridian. The property is contiguous to the current Meridian City limits and included in the City's comprehensive plan. The purpose of the annexation is to provide the property owner with city services which are necessitated by the City's water reuse infrastructure project. Specifically, the reuse water main is planned to be installed along the owner's property fronting Ten Mile Road. The presence of the owner's domestic well is too close to the main to achieve the necessary separation required the Department of Environmental Quality thus necessitating the need to provide City water to the property. Consistent with city policy, properties.requesting or receiving city services must obtain both sewer and water. Since the City's actions necessitate the requirement for city services, the City is the applicant for the annexation. Staff believes that the annexation of the subject real property is necessary to promote the public interest PARCEL PRIMOWNER S120311010 Ada County Highway District S1203110054 Ada County Highway District APN S1203110031 Ada County Highway District ADDRESS ACRES 3175 N. Ten Mile Rd. 0.66 3157 N. Ten Mile Rd. 0.54 .02 3157 N. Ten Mile Rd. Based on the Comprehensive Plan (Future Land Use Map), as well as adjacent land uses and zoning, staff recommends an R-4 zoning designation. For the reasons stated above, I request the City's favorable consideration and action on the annexation request. 'n rely, .~.~-~. J ete Friedman, AICP Deputy Director Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-SA-SD, 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-SA-5. signature / Z 3 (o Date ~m~ N ~'dn N ~~ O ~ ~ f~D N N ~p~ ~ N ~ N moa a cv ~ m m' -„ c ~ ~ O ~ C~ ~ 7 y N O d p_ 'fi O1 N N ~ ' as i 3 0 ~ mNg ~ 4~.a ~ 3 '' H 'm ~ O ~ ~ m ~ 3 ° ~ O a '' ~ s c C N ~ m ~ ~ ~ a N ~ C ~ ~ ~ d fD ~ p Ff° ~ N a ~ ~ ~~ ~~ a ~ y .~ o. N n ~' X ~a O VI W ~ O ~~3` ~N w om~ m 0 3 ~ ~ o D~ ~ c o ~ ~ O d ~ N ~~ ~ n~ a~ ~m 8S 295' a a n T m of m n 0 c :< W O Z ~ N ~ 3 Q m rn I 0 w w N W W O ~ 8S 138,~~ W NIEMANN DR W W O V 3595 O I I ~' QP V 'O I I n W w N V n N TEN-MILE-RD 0 w w w o V .+ ~ V 0 ~o T fD M W O Z V 8S 371.5' N HEARTH AVE W W ~ W O~ N N <O N V _w V w ~A o~ W J N O C H "'I n v 8S 101.7' I W w w C~ NEIGHBORHOOD MEETING 3157 & 3175 N. TEN MILE RD ANNEXATION (ACHD) t2~ ~ (~d Name Address Phone or email ~axtZO7n 2y,Fk~ a `~ Y C~.,.~ ~2~ F~ts;a~Z Lr~j A v g NROJ ~ ~. z,1 a~n~ '~ ~~ ~y= J°'n d£~~ w 2y~ c Q~ o 3 ~ N N O y fD ~ j. V 3 a ' 0 7 ~~a aim 7 N 3 ~ N (Fp 91 ~ p N N N , ~ S.~ C D C ~..,Q y1 O _a ~. ~° m $ ~ 3 ~, f°• v O ~3~ Hrny O ~ ~ ~ N ~ ~ ~ 3 0 ~ w as ~ ~ ''~ i c y`~ m ~'? t n a y~i° ' of s+ N ~~ p ~ ~ j m a N j 2 } .'F ~ D. ~~' D ~y ° a N m ~ m X ~ C ~ ~ N 3 ~ ~ o"¢ ~~ ~ ~ •c - ~ o av~ c~3 m m o ,~ ~ C7 v c c o ~ , ~ a ~ O ~ ~ N ~ mob„ Qs a° ~ m a rn n 0 T d Z °< 3 m 0 0 0 0 W ~o .o T N N ~ 2 ~ w 0 ~. N W O V 0 w V W W O V ~O w 0 ~o w W NW ~~ n^ W w O V 3320 W NIEMANN DR 3595 Uz s ~ J U • N QZ N ~ W N ~ n W ,~ tll ?~ V n p ~~ ~ ~\ ~ t i N TEN MILE RD ~. _ u+ ~ W v ~ w w C .o v w ~ N ~ --I o~ n v N HEARTH AVE W N O 3116 3132 ~. ~ ADA COUNTY RECORDER~VID NAVARRO AMOUNT 12.00 4 ` ~ BOISE IDAH01013'1101i 04: PM ,. - ~• DEPUTY ~cl~ Allen ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~~~ ' RECORDED-REQUEST OF 106172622 • ~, Alliance Title ACHD Project 503023 Ten Mile (Ustick to Cherry) Parcel Name: Jestrabek-Hart T3N, R1W, Section 03 (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this ~_~ day of ~~~'~ 2006, THE RUDOLF JESTRABEK JR. and CATHERINE D. JESTRAETEK FAMILY TRUST, dated August 1, 1973, of 3175 North Ten Mile Road, Meridian, Idaho, 83642, the "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, the "GRANTEE'; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions., remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO general taxes and assessments for the current year which are not yet due and payable, easements of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR. is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. J ~ ~ • • • • tir The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6447 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. STATE OF IDAHO ) ss. County of Ada ) On this ~a ~ day of C~C.4~~ -e- r 2006, before me, ~ Ct. ~ -C ~ f-j ,r~ d--e r s y ~ , a Notary Public in and for the State of Idaho, personally appeared BERNADETTE J. JESTRABEK-HART, TRUSTEE, known or proved to me to be the persons who executed the foregoing instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. , • N -pNbF +•• ;• ~e..••+•••.Rsoy. Notary Public for Idaho ;'act ~oTARr ~~~, Residing at (narc~~.t~n C: ~-~, ,Idaho * ~ +~~ * My commission expires ~^ I - y`l s pUB1.~G ~'• ~~'E o~ to~:~'' . • • EXHIBIT "A" A tract of land situated in Government Lot 1 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southeast corner of the Northeast Quarter of said Section3; thence along the Easterly line of said Northeast Quarter, said. Easterly line also being the centerline of Ten Mile Road North 00°24'24" East a distance of 2695.08 feet to a found steel pin monumenting the Northeast corner of said Section 3 thence leaving said Easterly line and along the Northerly line of said Northeast Quarter said Northerly line also being the centerline of Ustick Road North 89°06'49" West a distance of 255.76 feet to a point; thence leaving said Northerly line South 00°24'24" West a distance of 25.00 feet to a set steel pin on the Southerly right of way of said Ustick Road, said steel pin being the POINT OF BEGINNING; thence continuing South 00°24'24" west a distance of 128.00 feet to a set steel pin; thence North 89°06'49" West a distance of 30.12 feet to a set steel pin; thence North 00°24'24" East a distance of 128.00 feet to a set steel pin on said Southerly right of way of Ustick Road; thence along said Southerly right of way South 89°06'49" East a distance of 30.12 feet to the POINT OF BEGINNING. ~~ ~ ~ + , ACHD Project 503023 EXHIBIT "B" Ten Mile (Ustick to Cherry) Parcel Name: Jestrabek T3N, R1 W, Section 03 EXCEPTIONS TO TITLE; Order No. 5000630516 1. Liens, levies and assessments of the City of Meridian. 2. Liens and assessments of the Nampa Meridian Irrigation District, and the rights, powers and easements of said district as by law provided. 3. Ditch, road and public utility easements as the same may exist over said premises. 4. An easement for the purpose shown below and rights incidental thereto as set forth n document: Granted to: Mountain States Telephone and Telegraph Company. Purpose: Public Utilities. Recorded: March 10, 1982. Instrument No.: 8209475, of Official Records 5. Agreement, and the terms and conditions contained therein: Between: McBee, Inc., an Idaho corporation. And: City of Meridan. Purpose: Late Comers Agreement. Recorded: March 12, 1997 Instrument Nol: 97019235, of Official Records. END OF EXCEPTIONS ~. ~. ~ ., ~ • ADA COUNTY RECORDER J. NAVARRO AMOUNT 12.00 4 BOISE IDAH010131100 04:4 w DEPUTY Vicki Allen III I' II II I'I I I I'I'I' II ~I I, ~~ I~ ~~ ~~ ~~~ t RECORDED-REQUEST OF 106172623 Alliance Tltle ACHD Project 503023 Ten Mile (Ustick to Cherry). Parcel Name: Jestrabek-Hart T3N, R1W, Section 03 (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this ~_ day of /J~ _ 2006, BERNADETTE J. JESTRABEK-HART, an unmarried person, of 3175 North Ten Mile Road, Meridian, Idaho, 83642, the "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO general taxes and assessments for the current year which are not yet due and payable, easements of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the. same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. 4 ~ " '• ~ • • The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6447 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. STATE OF IDAHO ) ss. County of Ada ) On this /p1 ~` day of ~~ ~j-~ r 2006, before me, _ .~~ s ~(. ~ ~~, -e J SO ~ a Notary Public in and for the State of Idaho, personally appeared BERNADETTE J. JESTRABEK-HART, known or proved to me to be the persons who executed the foregoing instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~ ;-i~ ~.•'4ttf~•N'~NR`f'O,y~. Notary Public for Idaho '~~~ ~~T ~R y * = Residing at (par .e .~ C ~ ~,, ,Idaho My commission expires $'- I - d9 •+~ G PUBti~ ~O ~:_ ~'•., A TE Off' l_.d` ~ • • • M • •~ EXHIBIT "A" A portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Beginning at the corner stone of the Northeast corner of the Northeast Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian; running thence South 153.00 feet; thence West 214.00 feet; thence north 153.00 feet; thence East 214.00 feet to the PLACE OF BEGINNING. ALSO Beginning at the corner stone of the Northeast corner of the Northeast Qaurter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; running thence West 214.00 feet to the REAL POINT OF BEGINNING; thence continuing West 36.00 feet; thence South 153.00 feet; thence East 36.00 feet; thence north 153.00 feet to the TRUE POINT OF BEGINNING. '• ~. • • `. y• ~ •~ ACRD Project 503023 FJ(HIBIT "B" Ten Mile (Ustick to Cherry) Parcel Name: Jestrabek T3N, R1 W, Section 03 EXCEPTIONS TO TITLE; Order No. 5000630512 1. Special Assessment, if any, for the City of Meridian. 2. Liens and assessments of the Nampa Meridian Irrigation District, and the rights, powers and easements of said district as bylaw provided. 3. Reservations and exceptions in the United States Patent, and in the act authorizing the issuance thereof. Recorded: Septamber 1, 1901 Book: 3. Page: 445, of Official Records. 4. Ditch, road and public utility easements as the same may exist over said premises. 5. Right of the public in and to that portion of the premises lying within the right-of-way of Ustick Road. 6. Right of the public in and to that portion of the premises lying within the right-of-way of N. Ten Mile Road. END OF EXCEPTIONS • ` ~ t ~ ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT 16.00 • ~ ~ ~ BOISE IDAl10 08I3'II06 04;41 PM ` DEPUTY Lisa Irby III I~~~~~~~~~~~~~1~~~~~~~~~~~~~ ~~~ ~~~ RECORDED-REQUEST OF 10e141509 Alliance Title ACRD Project 503023 Ten Mile (Ustick to Cherry) Parcel Name: DRIESEL T3N, R1 W, Section 03 (Reserved for Ada County Recorder) * Alma x. Driesel WARRANTY DEED THIS INDENTURE, made this ~ day of a ~.~. `~ tl ~ }' 2006, THOMAS E. DRIESEL, an unmarried man, of 3095 North ~n Mile Road, Meridian, Idaho, 83642, the "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO general taxes and assessments for the current year which are not yet due and payable, easements of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. 7 • • The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6447 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. GRANTOR ~IOMAS E. DRIESEL ~L rnp +~ CGS STATE OF IDAHO ) } ss. County of Ada ) pry, es~( ~~ On this ~ ~ day of 5 ~ ~ 2006, before me, ~ -e ,n ~~ -~ ~ s c~ ,~ a No Public in and for the State of Idaho, personally appeared THOMAS E. DRIESEL, known or proved to me to be the persons who executed the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .,.•4~~~NnERsoy, Notary Public for Idaho ~. ti~~, Residing at Co a.r d -c ,n C ~ ~„ Idaho ~ ~aoTARY ~ My commission expires Ft ~ I - y9 ~c Z p"~ ~ G ~B , O '•• q rE o~ 1~~.•. • ,, . . ' ~ ACHD Project 503023 Ten Mile (Ustick to Cherry) Parcel Name: DRIESEL T3N, R1 W, Section 03 LEGAL DESCRIPTION EXHIBIT "A" A parcel of land located in a portion of Government Lot 1, Section 3, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the corner common to Sections 2 and 3, Township 3 North, Range 1 West and Sections 34 and 35, Township 4 North, Range 1 West; thence South 00°24'00" West along the East boundary of said Section 3 for a distance of 255.68 feet to the REAL POINT OF BEGINNING: thence North 89°07'24" West for a distance of 170.00 feet to a point;' thence South 00°24'24" West for a distance of 109.99 feet to a point; thence South 89°35'40" East for a distance of 170.00 feet to a point of the East boundary of said Section 3; thence North 00°24'20" East along said East boundary for a distance of 108.59 feet to the POIT OF BEGINNING. EXCEPTING THEREFROM any portion lying in the right of way of N. Ten Mile Road. • . ,. ACRD Project 503023 Ten Mile (Ustick to Cherry) Parcel Name: DRIESEL T3N, R1W, Section 03 • EXHIBIT "B" EXCEPTIONS TO TITLE; Order No. 5000630511 dtd 01/17,2006 1. Special Assessment, if any, for the City of Meridian. 2. Reservations and exceptions in the United States Patent, and in the act authorizing the issuance thereof. Recorded: September 1, 1901 Book: 3. Page: 445, of Official Records. 3. Ditch, road and public utility easements as the same may exist over said premises. 4. Levies and assessments of the Nampa Meridian Irrigation District, and the rights, powers and easments of said district as by law provided. 5. Right of the public in and to that portion of the premises lying within the right-of-way of N.Ten Mile Road. 6. Right-of-way for Nine Mile Creek, and the rights of access thereto for maintenance of said creek. END OF EXCEPTIONS • •-. INDIVIDUAL State of Idaho } ss County of Ada } On this 31 day of AuQUSt 200 before me, a Notary Public in and for said state, personally appeared Alma R Dr i e s e l known or identified to me to be the person(s) whose names ys/are subscribed to the within Instrument and acknowledged to me that hetS)~i /they executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. t Notary Public fort S e of Idaho Residing at: of , Idaho Commission Expires: 11 / 13 / 07 ~N~„ ~~ ~~ •~.a...N .r •. h ACRD Project 503023 Ten Mile (Ustick to Cherry) Parcel Name: Paskett T3N, R1W, Section 03 AOA COUNTY RECORDER J. DAVID NAYARRO AMOUNT 12.00 I BOISE IDANO 09M6106 11:23 AM DEPUTY Bonnie Oberbflny ,II I~~~~~~~~~~~~~II~~~'~~'I'~) ~II'II RECORDED-REQUEST OF 10614927f AlBance Tilk (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this ~~ day of 2006, JASON PASKETT, a married man as his sole and separate operty, of 6168 View Point Drive, Meridian, Idaho, 83642, the "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A'' attached hereto i and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditarnents and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the °Premises"). SUBJECT TO general taxes and assessments for the current year which are not yet due and payable, easements of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. 1 r - • • .~ ~ 1 The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6447 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. i GRANTOR N PASKETT STATE OF IDAHO ) ~ ) ss. County of Ada ) ~/ On this ~~ day of u~ ct 2006, before me, '11 G~r-t vi n a. -~ t' S o r~ a Not Public in and for the State of Idaho, personally appeared JASON PASKETT, known or proved to me to be the persons. who executed the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate- first above written. i •` pN DE ••. •••.•••~~~;;~.••N•.Rsvy No ary Public for Idaho ,er ~pTAR Y ti Residing at (pa a ~ ~e ~ C ~' ~'`~ ~ Id y 4 ~~~ * My commission expires Y - _ I "s~ puB~~~ ~ ~ o~ ••,'••,~~~TE OF ~~P~,•••• --•. r i • ACRD Project 503023 Ten Mile (Ustick to Cherry) Parcel Name: Paskett T3N, R1W, Section 03 EXHIBIT "A" LEGAL DESCRIPTION Beginning at the comer stone of the Northeast corner of the Northeast Quarter of Section 3, Township 3 North, Range 1 West of Boise Meridian, run West 151/2 rods; thence South 15 1/2 rods; thence East 15 1/2 rods; thence North 151/2 rods to the PLACE OF BEGINNING, in Ada County, Idaho. EXCEPT that portion thereof described as follows: Beginning at the corner stone of the Northeast corner of the Northeast Quarter of Section 3, Township 3 North, Range 1 West of Boise Meridian, running; thence South 153 feet; thence West 250 feet; thence north 153 feet; thence East 250 feet to the PLACE OF GEGINNING ~ AND EXCEPT those portions lying in Ustick Road right of way and in Ten Mile Road j right of way. ALSO EXCEPTING THEREFROM Beginning at the corner stone of the Northeast corner of the Northeast Quarter of Section3, Township 3 North, Range 1 West of Boise Meridian, Ada County, Idaho; running; thence South on the East line of said Section 3, 153 feet; thence West 250 feet to the REAL POINT OF BEGINNING: thence continuing West 5.75 feet to the Southeast corner of that parcel of land described in Instrument No. 94076435, records of Ada county, Idaho; thence North on the East line of said parcel, 153 feet to the North line of Section 3; thence East on said section line 5.75 feet; thence South 153 feet to the POINT OF BEGINNING. ;- ., .. ACRD Project 503023 Ten Mile (Ustick to Cherry) Parcel Name: Paskett T3N, R1W, Section 03 EXCEPTIONS TO TITLE; Order No. 5000630511 dtd 01/17,2006 EXHIBIT "B" 1. Special Assessment, if any, for the City of Meridian. 2. Liens and assessments of the Nampa Meridian Irrigation District, and the rights, powers and easements of said district as by law provided. 3. Reservations and exceptions in the United States Patent, and in the act authorizing the issuance thereof. Recorded: September 1, 1901 Book: 3. Page: 445, of Official Records. END OF EXCEPTIONS STATE OF IDAHO, COUNTY OF ADA, tt. T.1. Devid Navarro, Recede fa Ada Cou~iy~dy heTeby~cygi hrc~iy Amiexedu ~ tbll, sue and correct copy of lost. No. UC.P )<~~ 1 a it appear on raced in Book ~--~+f. ~^ Pa Recolda of Ada County, grate of Idaho. IN WIT E, s~ ERBOF, 1 have se`~R~1,~ fficiillM a~~ J. DAVID NAVARRO By ~Y ADA COUNTY RECORDAYID NAVARRO AMOUNT 12.00 r ~ BOISE IDAN010131106 PM o, ACRD Project 503023 Ten Mile (Ustick to Cherry) Parcel Name: Jestrabek-Hart T3N, R1 W, Section 03 DEPUTY Vicki Allen ll l I I II'I "I (' I'lll' II II I ~ II I II II I'll RECORDED-REQUEST OF 16172621 Alliance Title (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this ~ day of ~/Cd~'~L 2006, BERNADETTE J. JESTRABEK-HART, an unmarried person, of 3175 North Ten Mile Road, Meridian, Idaho, 83642, the "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, the "GRANTEE'; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO general taxes ..and assessments for the current year which are not yet due and payable, easements of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. • ~_ The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6447 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. ~~ [ Op this ~ day of (F' ~lr~ ` 2006, before me, ~~-rc~~t ~. ~ • ~,. (c~.,:v~~~,~ C~ ~~ a Notary Public in and for the State of Idaho, personally appeared BERNADETTE J. JESTRABEK-HART, known or proved to me to be the persons who executed the foregoing instrument, and acknowledged to me that she executed the same. STATE OF -IDAHO ) ss. County of Ada ) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. r~~~R,CK gREN~' ~`y~~1C N '~~ ~oAH° s~p,tt ~ HAMgR1CK gREN~ ARV PUguC NO 1DAN~ SSA~E OF Notary Publi for Idaho' / Residing at ,Idaho My commission expires ~So • • .~ . ;. ~. EXHIBIT "A" Beginning at the corner stone of the Northeast corner of the Northeast Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, running thence South on the East line of said Section 3,153 feet; thence West 250 feet to the REAL POINT OF BEGINNING; thence continuing West 5.75 feet to the Southeast corner of that parcel of land described in Instrument No. 94076435, records of Ada County, Idaho; thence North on the East line of said parcel, 153 feet to the North line of Section 3; thence East on said section line 5.75 feet to the POINT OF BEGINNING. EXCEPT that portion lying in the Ustick Road right of way. ~ ~,, rte,, . • • ~. ,~ . ~. AHD Project 503023 FJCHIBIT "B" Ten Mile (Ustick to Cherry) Parcel Name: Jestrabek T3N, R1 W, Section 03 EXCEPTIONS TO TITLE; Order No, 5000630513 1. Liens, levies and assessments of the County of Ada. 2. Liens and assessments of the Nampa Meridian Irrigation District, and the rights, powers and easements of said district as by law provided. 3. An easement for the purpose shown below and rightrs incidental thereto as set forth in document: Granted to : Idaho Power Company. Purpose: Public Utilities. Recorded: December 23, 1922. Book: 156 of Deeds. Page: 222, of Oft~icial Records. 4. Right of Way from Board of Trustees of School district No. 14, Charles Howry, Chairman and W. B. Walt, Secretary pro tem to Boise Valley Railway Company, dated March 3, 1909. Recorded: March 13, 1909 Book: 78 of Deeds. Page: 150, of Official Records. 5. Agreement, and the terms and conditions contained therein: Between: McBee, Inc., an Idaho corporation. And: City of Meridan. Purpose: Late Comers Agreement. Recorded: March 12, 1997 Instrument Nol: 97019235, of Official Records. END OF EXCEPTIONS • • ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN 3157 and 3175 NORTH TEN MILE ROAD PARCELS A parcel located in the NE % of the NE '/o of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the northeasterly comer of said NE '/a of the NE '/a from which a brass cap monument marking the northwesterly career of NE '/. of said Section 3 bears N 89°07' 11" W a distance of 2640.71 feet; Thence N 89°07' 11" W along the northerly boundary of said NE % of the NE '/ a distance of 255.76 feet to a point marking the extension of the easterly boundary of Lot 2 of Block 5 of ENGLEWOOD CREEK ESTATES SUBDIVISION NO. 1 as shown in Book 73 of Plats at Page 7488 in the office of the Recorder, Ada County, Idaho; Thence leaving said northerly boundary S 0°24'02" W along said extended boundary a distance of 255.73 feet to a point on said easterly boundary, said point also being the northwesterly corner of Lot 8 of Block 2 of FIRELIGHT ESTATES as shown in Book 72 of Plats at Page 7399 in said office of the Recorder; Thence leaving said easterly boundary S 89°07'48" E along the extension of the northerly boundary of said Lot 8 a distance of 255.77 feet to a point on the easterly boundary of said NE '/, of the NE %; Thence leaving last said extended boundary N 0°23'56" E along said easterly boundary a distance of 255.68 feet to the POINT OF BEGINNING.; This parcel contains 1.50 acres. Prepared by: Glenn K. Bennett, PLS ~~+~~ f Civil Survey Consultants, Incorporated K December 2, 2010 _ _C , ~ t pE ~ ti+ RSV P ~" =_ . -~~ ~~w - . ~ N Z C7 C `L v J ~ :P r V' ,J `1 O C~ ~ co ~ ~ O ~ ~ Zm N O X rn O W n D Om ~ O en cn - Z ~~ ~ 0 .i m UNPLATTED ~ w S 0'24'02" W 255.73' 2 Z D C ~ Y ~ _ ~ ~ m ~ ~ Z~ --~ ~ ~ ~ Z ~ Z Z o ,.~ ~ (n ~+ N ~~D N ~ ~ O ~ j D w z v z ~ ~ ~ C7 °v z N n O z Z I~l m Z Z D m Z NO ~' Q~n ~ r n ~ ~ - .~ ~ ~ (fj Z) N f Tl ~ ~ ( m s ~ T1 v v D ~ " r ° vD ~ O ~ ~ Z ~ ~~ r~ ~~' ~ Z ~~ v ~ ~ Z? 2 0~~ D ~~ ~ n 2439.48' ' ~ 255.68' ~+ ~ _ ~ O z 2695.16 TEN MILE ROAD N o'23'5s" E N N C Z ~,,~ O y m ~ ~ y ~ ~o ~ 2 ~ cn z ° ~ ~ O D °m ~ _ N ~ °- Z -~i ~ n o o Q ~ PROJECT: • Thursday, D•mber 02,2010 DESCRIPTION: 8:54 AM FILE: M:\10024\SURVEY\CONTROL.CGO PAGE 1 UNITS: U.S. SURVEY FOOT INSTRUMENT SETUP Instrument point: 8 717818.1050 2444110.3980 2558.29 FND BC SEC COR 3 Backsight point: 8 717818.1050 2444110.3980 2558.29 FND BC SEC COR 3 Backsight Bearing: N 00°00'00.0" E Distance: 0.000 Remarks: Meridian Annexation TYPE FROM TO DIRECTION DISTANCE NORTHING FASTING INV 8 536 N 89° 07' 10.7" W 255.760 717822.0347 2443854.6682 INV 536 261 S 00° 24' 02.3" W 255.726 717566.3145 2443852.8800 INV 261 35 S 89° 07' 48.2" E 255.768 717562.4312 2444108.6182 INV 35 8 N 00° 23' 55.8" E 255.680 717818.1050 2444110.3980 Perimeter is: 1022.9 34 Area is: 65397.3 93 Squ are feet 1.5013 Acres Area has been reset. INV 8 10 N 89° 07' 10.7" W 2640.706 717858.6790 2441470.0040 LI BRIDGET 4835 YAMATO UR SAN JUSE, CA 951 I 1-0000 CALHAUN RODNEY L 3133 N HEARTH AVE MERIDIAN, ID 83646-7539 STODDARD GENE & STODDARD LINDA K 3132 N HEARTH AVE MERIDIAN, ID 83646-7539 ENGLEWOOD CREEK SUB POA INC PO BOX 1090 MERIDIAN, ID 83680-0000 BOUNSANA SOUVANNA & KEOBOUNMA INTENG 3300 W NIEMANN DR MERIDIAN, ID 83646-7564 THURBER JIM G &THURBER JENNIFER C 3321 W NIEMANN DR MERIDIAN, ID 83646-7565 TRULL JIMMY D &TRULL JANICE S 3026 N BURLEY WAY MERIDIAN, ID 83646-7552 PRATT CARISSA K 3051 N FIRELIGHT PL MERIDIAN, ID 83646-0000 FIAS FERENE M &FIAS MARCHELLE M 3062 N FIRELIGHT PL MERIDIAN, ID 83646-7555 • M SHAFF'ER WILLIAM C 3079 N HEARTH AVE MERIDIAN, ID 83646-0000 GALLIGHER BRIAN D &GALLIGHER RENEE E 3146 W PEBBLESTONE ST MERIDIAN, ID 83646-7535 BLACKBURN LISA S 3116 N HEARTH AVE MERIDIAN, ID 83646-7539 OLSEN ERIN M 3120 N BURLEY PL MERIDIAN, ID 83646-7553 MERIDIAN CITY 33 E BROADWAY AVE MERIDIAN, ID 83642-0000 BARKER SHANE A & BARKER HOLLY A 3070 N BURLEY WAY MERIDIAN, ID 83646-7552 HIATT JULIE D 3014 N BURLEY WAY MERIDIAN, ID 83646-7552 CREECH WAYNE &CREECH DIANA 3073 N FIRELIGHT PL MERIDIAN, ID 83646-7555 WILLIAMSON RANDALL E & WILLIAMSON TRESA L 3040 N FIRELIGHT PL MERIDIAN, ID 83646-0000 SALZ,MAN BRIAN & SALZMAN KIMBERLY 930 N HIGHLAND AVE ARl,1NG'I'ON E~I'S, IL 60004-0000 FEDERAL NATIONAL MORTGAGE ASSOC 4000 HORIZON WAY IRVING, TX 75063-0000 PERKINS BRUCE B 3078 N HEARTH AVE MERIDIAN, ID 83646-4123 JOHNSON JERRY W & JOHNSON SAMANTHA. 3320 W NIEMANN DR MERIDIAN, ID 83646-7564 PAUL BRIAN & PAUL LISA 3307 W NIEMANN DR MERIDIAN, ID 83646-7565 HALL RODNEY L & HALL CARLA M 3050 N BURLEY WAY MERIDIAN, ID 83646-7552 MANEELY LARRY R 3037 N FIRELIGHT PL MERIDIAN, ID 83646-7555 NAVARRETE AMELIA 3079 N FIRELIGHT PL MERIDIAN, ID 83646-0000 KIRSCHENMANN DARREL W & KIRSCHENMANN MARGIE A 3024 N FIRELIGHT PL MERIDIAN, ID 83646-7555 FIRELIGHT ESTATES HOA INC HARTFORD ESTATES NEIGHBORHOOD FRECKLETON MARK & FRECKLETON TINA 2901 S JUNIPER ST ASSOCIATION 3121 W PUDU CT NAMPA, ID 83686-6421 PO BOX 644 MERIDIAN, ID 83646-5413 MERIDIAN, ID 83642-0000 LEE TAl KWAN REVOCABLE TRUST & LEE TAl KWAN TRUSTEE 731 11TH AVE SAN FRANCISCO, CA 94 1 1 8-3 614 MAVERIK 1NC 880 W CENTER ST NORTH SALT LAKE C[TY, UT 84054-0000 TEN MILE CENTER LLC 621 N ROBINSON BLVD NAMPA, ID 83687-0000 ADA COUNTY HIGHWAY DISTRICT 3775 ADAMS ST GARDEN CITY, ID 83714-6447 ADA COUNTY HIGHWAY DISTRICT 3775 ADAMS ST GARDEN CITY, ID 83714-6447 • • LEHAN CALEB M &LEHAN .IENNIEER M 3139 W PUDiJ CT MERID~IN, ID 83646-1413 TEN MILE CENTER LLC 621 N ROBINSON BLVD NAMPA, ID 83687-0000 TEN MILE CENTER LLC 621 N ROBINSON BLVD NAMPA, ID 83687-0000 ADA COUNTY HIGHWAY DISTRICT 3775 ADAMS ST GARDEN CITY, ID 83714-6447 TEN MILE CENTER LLC 621 N ROBINSON BLVD NAMPA, ID 83687-0000 « TEN MILE CEN"I ER LLC 621 N ROBINSON BLVD NAMPA, ID 83687-0000 6 ADA COUNTY HIGHWAY DISTRICT 3775 ADAMS ST GARDEN CITY, ID 83714-6447 ADA COUNTY HIGHWAY DISTRICT 3775 ADAMS ST GARDEN CITY, ID 83714-6447 + • . $, ~~'{~ Project Name: ACHD Ten Mile Annexation File No.: AZ-10-005 Request: Annexation and Zoning of 1.50 acres of land from R1 (Ada County) to R-4 (Medium Low-density Residential) zoning district, by City of Meridian Public Works Department Location: Southwest Corner of W. Ustick Road and N. Ten Mile Road in the NE %4 of Section 3, Township 3 North, Range 1 West.