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3163 Lanark Site Workj4 r CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: April 3, 2012 E IDIAN*-- TO: Branchflower Rentals, LLC l A N O FROM: Sonya Watters, Associate City Planner SUBJECT: 3163 Lanark Site Work — CZC-12-017 OWNER: Michael & Kathy Branchflower DESCRIPTION OF APPLICANT'S REQUEST The applicant, Branchflower Rentals, LLC, requests Certificate of Zoning Compliance (CZC) approval of improvements to the existing trash enclosure, landscaping upgrade, and turnaround for Fire Department emergency access, per requirement of the development agreement. This site was previously approved for retail use through CZCV-11-002. The site is located at 3163 Lanark Street on the southwest corner of N. Eagle Road and Lanark Street. The property consists of 0.60 of an acre and is zoned C -G. DECISION The applicant's request for CZC is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. As part of the application submittal, you will need to provide one set of the final, stamped "approved" Planning Department plans, stamped and signed by the architect and/or civil engineer as applicable. You must provide these plans in PDF format and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 2. Prior to issuance of Certificate of Occupancy, the applicant shall remove or relocate any existing structures that do not conform to setbacks and/or use in the zone. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. Conditions Document 3163 Lanark Street CZC-12-017 4. The site plan prepared by Patrick McKeegan Architects on 3/24/12, labeled Sheet S-1.0, is approved (stamped "approved" on 4/3/12 by the City of Meridian Planning Department) with no changes. 5. The landscape plan prepared by Harvest Design on 3/24/12, labeled Sheet LS -1, is approved (stamped "approved" on 4/3/12 by the City of Meridian Planning Department) with no changes. 6. The approved site plan and landscape plan may not be altered without prior written approval of the City of Meridian Planning Department. 7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 8. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Department for approval prior to issuance of the building permit. 9. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The subject property adjoins a state highway; access to the state facility is restricted as set forth in UDC 11 -3H -4B. 3. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 4. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (RZ-08-006; Development Agreement Inst. No. 110064692; VAR -10-003). 5. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 6. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 7. The applicant shall have an ongoing obligation to maintain all pathways. 8. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 9. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before April 19, 2012, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 1I - 5A -6B. Conditions Document 3163 Lanark Street CZC-12-017 If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until April 3, 2013. IWU1li3llllw A. Vicinity Map B. Site Plan (dated: 3/24/12) C. Landscape Plan (dated: 3/24/12) Conditions Document 3 3163 Lanark Street CZC-12-017 A. Vicinity Map Conditions Document 2 3163 Lanark Street CZC-12-017 B. Site Plan (dated: 3/24/12) K" Not= w t i �'•"�"iw Wir i � T3udt ��'�7/4A HM 0l 'JOr11A GgYf SMm — --------L LL---- ----L slamr« lmat �ratlaa t CCC go MAZA POW- 50L MM. �.WJY.I N��lI 11MY�IOY�1.• Ir1� 1'�.IMAIM.1� •�•YA��1•NWMFI� Conditions Document 3 3163 Lanark Street CZC-12-017 C. Landscape Plan (dated: 3/24/12) 0 1. LA14015COT PILOMIG 'LAN 2. LAND--,,W-r NOTCH 3. 5?FJMrLrRN0-7E5 4. WIMCAPE FIANT LfGEMD ............ ............... ................... . ..... 7 . ... ........... ............ Lmj 17 J7, 7. DRIP IMGAT ON VALVE OLrAJL ,G. a-rHN-MA PLAN MEW DMIDUICU5 TREE -LAKTING DrTAJL e. 5HPU5 FLANT-1146 DETAIL 10. ROCK SURFACING 11. TrOiUHE FOND PrEE) LAyOLrr 12. NUATINPORIF 1"WAL110M DUA4 I- 1OLAT 10M VALVE DETAIL Lit Conditions Document 4 3163 Lanark Street CZC-12-017 ......... . ....... ...... . . ........ ........... .......... .... .................. ..... . .... ............. .... - =7—Gm . . ..... 0 1. LA14015COT PILOMIG 'LAN 2. LAND--,,W-r NOTCH 3. 5?FJMrLrRN0-7E5 4. WIMCAPE FIANT LfGEMD ............ ............... ................... . ..... 7 . ... ........... ............ Lmj 17 J7, 7. DRIP IMGAT ON VALVE OLrAJL ,G. a-rHN-MA PLAN MEW DMIDUICU5 TREE -LAKTING DrTAJL e. 5HPU5 FLANT-1146 DETAIL 10. ROCK SURFACING 11. TrOiUHE FOND PrEE) LAyOLrr 12. NUATINPORIF 1"WAL110M DUA4 I- 1OLAT 10M VALVE DETAIL Lit Conditions Document 4 3163 Lanark Street CZC-12-017 EK1D1ANt,_.-- Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance 8 Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification 8 Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other Planning Department ADMINISTRATIVE REVIEW APPLICATION Applicant Information Applicant name: Branchflower Rentals LLC c/o Boise Commercial Properties Phone: 208-447-8467 Applicant address: 4696 Overland Rd., Ste 156, Boise ID Zip_ 83705 E-mail: lyn@bcpboise.com Applicant's interest in property: @ Own ❑ Rent ❑ Optioned ❑ Other Owner name: Michael & Kathy Branchflower Owner address: Same as above Phone: Fax: Zip: E-mail: Agent name (e.g., architect, engineer, developer, representative): Patrick McKeegan Firm name: PMA, Inc. Phone: 208.573.1415 Fax: none Address: PO Box 5845 Boise, Idaho Zip: 83705 E-mail: Pat@mckeeganarch.com Primary contact is: ❑ Applicant ❑ Owner 8 Agent ❑ Other Contact name: Patrick McKeegan Phone: Contact address: Same agent Zip: Subject Property Information Location/street address: 3163 Lanark Assessor's parcel number(s): R6510580074 Township, range, section: 3N1 E S8 Current land use: retail E-mail: Total acreage: -602 ac Current zoning district: C -G Fax: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11129111) Project Description Project/subdivision name: 3163 Lanark Site Work General description of proposed project/request: Remodel trash enclosure, upgrade landscaping, define fire dept turn around in accordance with Development Agreement Proposed zoning district(s): C -G Acres of each zone proposed: •602 Type of use proposed (check all that apply): ❑ Residential B Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Upgraded landscaping Who will own & maintain the pressurized irrigation system in this development? Property Owner (existing well) Which irrigation district does this property lie within? n/a Primary irrigation source: Private well 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 (Macre-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: 1 Other lots: Gross floor area proposed: Existing (if applicable): 6,281 SF Hours of operation (days and hours): na building is vacant Building height: 28' +- Percentage of site/project devoted to the following: Landscaping: 21 % Building: 25% Paving: 54% Total number of employees: na Maximum number of employees at any one time: na Number and ages of students/children (if applicable): na Seating capacity: na Total number of parking spaces provided: 67 Number of compact spaces provided: 0 Authorization Print applicant name: Branchflower Rent LC Applicant signature: Date: 30/Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Patrick McKeegan Architects PO Box 5845, Boise, ID 83705-0845 208.573.1415 pat@mckeeganarch.com www.mckeeganarch.com February 23, 2012 City of Meridian Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 Re: 3163 Lanark Site Work Sir/Madam, Branchflower Rentals, LLC, owner of the property located at 3163 Lanark is submitting for a Zoning Certificate, Design Review and Building Permit to complete the site improvements outlined in the Development Agreement (RZ 08-006) as modified by Variance VA -10-003. The work will include remodeling the trash enclosure to replace the chain link with masonry and stucco; upgrading landscape material as outlined in the Development Agreement and staff report; designation of a fire department turn around; and construction of one landscaped parking island. The application will also confirm that previous work completed is in compliance with the Development Agreement and Unified Development Code. If you need any additional information, please contact me. Sincerely, PMA, Inc. dba Patrick McKeegan Architect trick McKe an AIA Principal Architect Patrick McKeegan Architects is a Veteran Owned Small Business 3163 LANARK SITE REMODEL 3183 LANARK ST. MERIDIAN, ID 83842 Patrick M%Keesan Architects aN a Lm R - sde. 1N - ar+. I4Y erns - WD •it�(M he WU tliiM ....m.w,...w...., mnwoMrprnia �c.¢u. .aymcr. ouwo p Cm/ ommr p p 111 Is • 7 F711 • t q t�g �� 3163 LANARK SITE REMODEL 3183 LANARK ST. MERIDIAN, ID 83842 Patrick M%Keesan Architects aN a Lm R - sde. 1N - ar+. I4Y erns - WD •it�(M he WU tliiM ....m.w,...w...., mnwoMrprnia �c.¢u. .aymcr. ouwo p Cm/ ommr p p Ln rn in > IIr—on JAI —u r'n gig —u I ❑ _ ,ail z Z YYY rt1gEK3 . . D Bid . . . . . . . . ..... Oil i if 2 jag dig 03 ----- -------- — ----------------- E A G L E R 0 A D 15 lip Q Nil u rn 70 Ci ljz rn rn aR z. ji rn slim rill! _4 nIf M .iii I!k H All rn 0 70 70LP it 70 rT1 O it z O I C V� uj ui cn j 0w ° z U w G D cmco Z W 1 0 W ----------------- _--=--------- ti -tea- -A, E IDIANt, �<� PW100 FORM Date: 2/23/12 Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Ph: (208) 887-2211 Fax: (208) 887-1297' www.meridiancity.org! The following property has been researched by The City of Meridian Public Works Department. Project Name: Lanark Phase #2 Building Address: 3163 E. Lanark St. Zip Code: 83642 Parcel #: R6510580074 Parcel B (Portions of Lots 1 & 2)/Block 2/01son & Bush 1) The address has been assigned based on available information. This address should be considered temporary. (Development process has not been completed and the address may change.) 2) This address will be required to connect to municipal services. Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) _X_ This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Terri Ricks Land Development Services tricks@meridiancity.org CiVE IDIAN�,- IDAHO (�lann�n� Dep Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: l(p Apphcantlagent: 1-;ECA4-- All applications are required to contain one copy of the following unless otherwise noted: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 8845533 • Facsimile: x(208) 888-6854 • Website: www.meridiancity.org Staff Completed & signed Administrative Review Application = _ V Narrative fully describing the proposed use of the property, including the following: ➢ Information on any previous approvals or requirements for the requested use (i.e., applicable conditions of approval or Development Agreement) _— Recorded warranty deed for the subject property I- r/ Affidavit of Legal Interest signed & notarized by the property owner (If ovmcris acorporanon,- submitacopy of the Articles of Inco oration or other evidence to show that the person signing is an authorized a t.) - - - Written confirmation that a traffic impact study or change of use is not required and/or has been submitted for review to ACRD. Please contact Mindy Wallace at 387-6178 or Christy Little at 387-6144 for more information. figa-- Scaled vicinity map showing the location of the subject property _ =- ,e" Fire Marshall approval for access and tum around (stamped, full size site plan) Sanitary Service Company approval for trash enclosure & access drive (stamped, full size site plan) -- lw Civil Site/Dimension Plan - 1 full size co (folded to 8 rh" x 11" size) - -_ NNV _ A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more (see UDC 11-3A-11) -Copy of the recorded plat the property lies within (8 rh" x 11") --- Address verification letter from Development Services (887-2211) Site Plan—*1 copy (folded to 8 W' x 11" size) The following items must be shown on the siteplan: -- - - • Date, scale, north arrow, and project time (state not less than 1"=50') _ • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan � -- • Parking stalls and drive aisles • Trash enclosure(s) location • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if you prove no water rights exist to subject property) �_= -- — • Sidewalks or pathways (proposed and existing) _ - • Location of proposed building on lot (include dimensions to property lines) • Fencing (proposed and existing) • Calculations table including the following: ➢ Number of parking stalls required & provided (specify handicap & compact stalls) ➢ Building size (sq. ft.) D Lot size (sq. ft.) ➢ Setbacks ➢ Zoning district - = - -_ _- - • Reduction of the site plan (8 t/z" x 11") — - Landscape plan - *1 copy (folded to 8'h" x 11" size) Plan must have a scale no smaller than I"= 50'(1 " 20' is preferred) and be on a standard drawing sheet, not to exceed 36" x 48" (24"x 36" is preferred). A plan which cannot be drawn to - = 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 8845533 • Facsimile: x(208) 888-6854 • Website: www.meridiancity.org *Once an application is accepted, staff will contact you. to let you know how many additional copies of plans are required. All plans are required to be added to 8'h" x I " size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 06/022011) its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The following items must be included on the landscapeplan: _ - • Date, scale, north arrow, and project name _ — • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan - - =_ =--='— - Stamp/signature of a landscape architect, landscape designer, or qualified nurseryman preparing the plan ` • Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings = - • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed = • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction - - • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elements - - • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one -foot contours • Sight Triangles as defined in 11-3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements). Scale shown for dant materials shall reflect approximate mature size — -_ • A plant list that shows the plant symbol, quantity, botanical name, common name minimum planting size and container, tree class (I, 11, or III), and comments (for s acing, staking, and installation as appropriate) - • Planting and installation details as necessary to ensure conformance with all re aired standards —= - _- • Design drawing(s) of all fencing pro posed for screening ur oses - - �y Reduction of the landscape plan (8'/a" x 11") =— �_ Building elevations showing construction materials — *1 co (folded to 81/x" x 11" size) Reduction of the elevations (8'h" x 11") - Electronic version of the site plan, landscape plan, & building elevations in pdf format submitted on a disk with the files named with project name & plan type (i.e. site plan, landscape plan,. elevations, etc.). We encourage you to submit at least one color version. �— - KIA �jT If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per §67-6519 _ - :-- Fee (If this project had prior approval on a site plan, reduced fees may apply) *Once an application is accepted, staff will contact you. to let you know how many additional copies of plans are required. All plans are required to be added to 8'h" x I " size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 06/022011) Ada County Parcel Information .= P�Yc tID 86510580074 - M4,Cityunty A552S'k or 3163 E Lanark St' -. 5 R/S 7190 #0072-B #0080-B u. Meridian 83642 rcityRigC �P`aperry Typed Industrial - Treasurer Information r t Yaw 2009 r t TArt-. Owner Information: "Avvl�ieY IVa2: Branchflower Michael Second whe Branchflower Kathy MalfAd Jresszi 4696 W Overland Rd # 156 Boise, ID 83705-0000 Assessor Information €e 101 'al; PAR #0074 SE'LY POR LOT 01 EXC R/W & STY POR '- Descr ph ' LOT 02 BLK 02 OLSON & BUSH INDUS PK PARCEL B -. 5 R/S 7190 #0072-B #0080-B 'S;�dllSion^_. OLSON AND BUSH: INDUSTRIAL PARK _segt4+ OS - Treasurer Information 0.6020 t Yaw 2009 r t TArt-. .$7,332 I?Askngk, NAMPA MERIDIANIRR:YeAs'; 2010 , s0 Ta $5,435 Ta3C'Co=de Areal 03Y'I m 2011 i�'akt' Lv1i Re, 0.010457011 , - $5,392 +..-'.t .. _- _ , ..,� s--Qgy .s Assessor Categories I LeV�-ate= 0.011639471 - }Yer, �`CaCI Lle5drdptiari e+t, Acres Vie ` 2011 220 IND LOT OR TRACT 0.602 $89,200 _ -,'^ey�tSte 9.49°/d - ,-:-�. =�hang� -. 2011 430 IND IMPROVEMENT 0 $304,800 t sy r Tdtals,,' 0.602 394,000. i'- $- m �: Zoi}fgg�, City of Meridian C G ��sl<xe�Ei413 Land Information x Resadentral Acres'i oomrrESCYciaiiAcresr 0.602s , Other Acre$ D Ste4i;: Sattrce i Se erR Sidewallfs N Curbsaipd Gutters7= N e,lF, N 0;�i 4 2_ , _..Garner Ukdikisx r6pagrpCfi"r' Commercial Characteristics W- ; i t Cake ory,', 430 �_f Bulit;, 2006 'BLksihess IValtle.; Retail Shell F ` $t6r�e6 3 1 ;' Untts '. 0 q Ft. q:, 6281 GrquBd FI 3q t.iy 6281 j 6281 rUsed AcYQs,: 0.602 : Total Acres:-.' 0.602 ,Lcaseable Transfer Information '..- �... �R c e: 07/27/11 at f` ;DOYi:NuAn+` 0111060212 =QbC' p�Ou Trustees Deed Upon Sale OSVner.iSYRINGA BKGrafi#CFALLIANCE TITLE &ESCROW CORP Orig Loan Amti;. �, ; 7itlg Cosi ALLIANCE TITLE. ... .. Fin J!1deTYPi�i .. .{,oar Tyjie:l. �M L Clerk, Title0ne a tlec x escrow co. Order No.: A1198604 JG For value received, ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 BOISE IDAHO 09/08/2011 02:21 PM _ DEPUTY Randy Jennings SRe Electronic Eg RECODED-REIQUEST OF IIIIIII 111111111111 IN TITLEONE BOISE 111072516 Corporation Warranty Deed Syringe Bank the grantor, does hereby grant, bargain, sell, and convey unto / Michael Branchflower and Kathy Branchflower, husband and wife whose current address is 2350 Vista Avenue, Boise, Idaho 83705 the grantee, the following described premises, in Ada County, Idaho, to wit: A portion of Lot 2 and a portion of Lot 1 of the Olson and Bush Industrial Park Subdivision, located In a portion of the Southeast Quarter of the Southeast Quarter, Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A portion of Lot 2 and a portion of Lot 1 of the Olson and Bush Industrial Park Subdivision, located In a portion of the Southeast Quarter of the Southeast Quarter, Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the found brass cap marking the Southeast corner of Section 8, Township 3 North, Range 1 East, from which the found brass cap marking the East Quarter corner of Section 8 bears North 01 028'08" East a distance of 2650.12 feet; thence along the Easterly boundaryof said Section North 01"28'06" East a distance of 498.00 feet to a point; thence leaving said boundary North 88028'17" West a distance of 100.00 feet to a found 5/8 inch rebar with plastic cap stamped "FLSI PLS 7612" on the West right of way of Eagle Road at the True Point of Beginning; thence leaving said right of way and continuing along the South line of Lots 1 and 2 North 88028'17" West a distance of 220.07 feet to a found 518 inch rebar with plastic cap stamped "FLSI PLS 7612" at the Southwest corner of Lot 2; thence along the Westerly boundary of said Lot North 01 028'08" East a distance of 82.10 feel to a set 5/8 Inch rebar with plastic cap stamped "FLSI PLS 7612' thence leaving the Westerly boundary of Lot 2 South 88°35'10" East a distance of 101,58 feet to a set 518 inch rebar with plastic cap stamped "FLSI PLS 7612"; thence North 01 °24'50" East a distance of 6.21 feet to a set 518 inch rebar with plastic cap stamped "FLSI PLS 7612"; thence South 88035'10" East a distance of 32.50 feet to a set 5/8 inch rebar with plastic cap stamped "FLSI PLS 7612"; thence North 01'24'50" East a distance of 32,06 feet to a set 5/8 Inch rebar with plastic cap stamped "FLSI PLS 7612' thence South 88035'54" East a distance of 56,03 feet to a set 518 inch rebar with plastic cap stamped "FLSI PLS 7612"; thence North 01'28'08" East a distance of 154.15 feet to a 518 Inch rebar with plastic cap stamped "FLSI PLS 7612" at a point on the Southerly right of way of Lanark Street; thence along said right of way South 88°28'08" East a distance of 30.00 feet to a found 518 inch rebar with plastic cap stamped "FLSI PLS 7612" at a point on the Westerly right of way of Eagle Road; thence along said right of way South 01 028'08" West a distance of 274.92 feet to the True Point of Beginning, shown as Parcel B on Record of Survey No. 7190 recorded December 29, 2005 as Instrument No, 105198226, records of Ada County, Idaho. To have and to hold the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor Is the owner In fee simple of said premises; that they are free from all encumbrances except those to which this conveyance is. expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservallons, easements, rlght(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, Including Irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number Includes the plural. In witness whereof, the Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed. Dated: SeptemberV2011 Syringe Bank L.�.'.. L State of_ �-�n ) ss. County of �-'6� ) On this �day of Setember, 2011, before me, the undersigned, a Notary Public in and for /�� said State, personally appeared �q{^ �2tCYle� Imowu or identified to me to be the C-Qf% W Callchavis �tlt1al�fthe corporation that executed the within instrument and acicnowledged to me that J� executed the same for and on behalf of said corporation and that such corporation executed it. IN WITNESS WFIEREOP, I have hereunto set my hand and affixed my official seal the day and in this certificate first above written. TARP LIC o°% `t ®R e PAC' My Coh ission Expires. °•° Q ,°° °•°gyp t OTARp ®o ° ° o a° °e NoD 'PUBLIC °°•do E 01' 19 P,,• OCT -02-2007 14:54 From: 2083437484 To:2084240609 P.2/9 fro y yl_'I D 1',b — Sv ADA 09UWY 110=01 I J. UAYIII RAYARRI AN9URf 21,09 1 906E mAND EMS TIM PN DEPUTY himilgbxbl6p RREMKII-REBU RQF IIIIIIIIItfl�l�le�9811111111111 Above This Une For Recording Data DEED OF TRUST 1WIth Future Advance Clausul DATE AND PARTIES. The dale 11 this Deed Of Trust (Security Irluirumant) is May 26, 2006 rho parties and their addressee are: GRANTOR: 3163 LANARK. LLC An Idaho Corporation 4696 OVERLAND ROAD SUITF 152 13015E. Idaho 83706 TRUSTEE: PIONEER TITLE COMPANY OF ADA COUNTY a Corporation 8151 W. Rlllaman Boise, Idaho 83704 LENDER: SYRINOA BANK Organized and existing under Rm (owe of Idaho P.D. Box 7567 Boise, Idaho 83707 1. CONVEYANCE. For good and valrinhla consideration, the rw:aipt and sufficiency at which w ocknowledgad, and to uucuro the Secured Debts and Omntul's performance under this Security Instrument, Grantor irrevocably grants, bargon,s, sells and conveys to Trustee, ,n trust for the benefit of the Lender, with power of sale. the fallowing deawbud properly: See Attached ExhibltY "A" Thr favperty a located in ADA County m 31(31 E LANARK ST., MERIDIAN, Idaho 63642. I ogather with all rights. casements, appuriononces, royalties, mineral rights, oil and gas rights, crops, 6m Wt, all divormion payments or third party payments made to crop producers and all existing and future improvements, ulruulures, fixtures, and replacements that may now, or at any time in the future, ba part of the real estate described lall referred 10 as Property). This Security Instrument will remain In effect until Ilia Secured Debts and all undmlymp agreements have been Terminated In Willing by Lander. 2, MAKIMVM OBLIGATION LIMIT. The total principal regaling, secured by this Socially Instrument at uny ono lima will riot exceed $710,000.00 This (Imitation of amount does not include inturast and other fees and charges validly made pureuent to thin Security Instrument Also, this limitation does not apply to advances made under rho terms of alis Security Instrument to protect Lender's gentility and to perform any at rhe covenants coraained in this Security Instrument 3. SECURED DEBTS. The tete, 'seethed Debts, iscludus and thio Securhy Instrument will secure each til the following A. Specific Debts. The following debts and all extensions, renewals. refinancings, rnuddIcalions and replacements. A prnmluumy note or other agroemuul, No. 11347131304, doted May 26, 2006, from Grantor 10 Lander, with a loan amount of 6710,000.00 and nmludng on November 28, 2026. One or more of rho debts SeCUred by this Security Inshurimnt contains a future advance provision. B- Sums Advanced. All sums advanced and uxpenses incurred by Lander under the Ialnl§ of this Security Instrument when the bvaronee of indebtedness ulluctically slates that it is secured by this Socially Instrument man o..a 01 Len I04lwl-ftO Wt lW005167011W,ij y 9mn o-ks. gro.".mp,IN era.," L.Qv� Mubalere .l J OCT -02-2007 14:54 From: 2OB3437484 To:208424BG09 P.3,9 pre 4. PAYMENTS. Grantor agrees that all Payments under the Secured Debts will be paid when due and rn accOrdafice with the terms 01 life Secured Debts and this Security Irlulfumont. Grantor acknowledges Thal Iho Interest rate, payment forms, or balanus duo on the loan may be indexed, adjusted, renewed or renegotiated. 5 WARRANTY OF TITLE. Gramm warrants that Grantor is or WIII be lawfully oaizud of the estate conveyed by This Security Instrument and has the duht to irrevocably grant, bargain. sell and convey the Property in trust to Tmslue, with power of sale. Grantor also wa n"115 that the PrePartY ie unencumbered, except for encumbrances of iccurd. d. PRIOR SECURITY INTERESTS. With fegard to any ether murlgage, dead of hurt, secunty agreement or other lion document that created a pilot security Interest or ancumbrmma an the Property, Greater agrees: A. To make all payments when due and to porlorm or comply with all eovenunfs. B. To fuurnptly deliver To Lender any notices that Grantor reipeivec from the holder. C. Not to allow any modification at uxtenslon 01, nor to request any future advancns under any iwte or agreement secured by the lien docutlwal without Condor's prior wrht*m consent. 7. CLAIMS AGAINST TITLE. Grantor WIII pay all taxes, asseusmantn. liens. encumbrances, lance psymonts, ground tells, utilities, and other ensign relating to the Property when Thin. Lender may require Grantor to provide to Lender copies of all notices that ouch amounts are duo and the recaipls evidencing Grantor's payment Grantor will defend title to the Property against any claims 'hat would inipaa the [inn of this Security Instrmnunr. Omelet agrees Is fission to Lender, tib requested by Lender, any rights, clbmis or defenses Grantor may have against Parties who supply labor or materials to maintain or improve the Property. S. DUE ON SALE. Lander may, at he option, declare The entire balance of file Secured Debt TO be immedimuh, due olid payable Upon the creation of, or rnnuyvt fur the creation of, any transfer or sale of all or any part at lire Property. This right Is subject to the restrictions inlpasud by federal law 177 C.F R. 5411. n appllcable. S. TRANSFER OF AN INTEREST IN THE GRANTOR. I1 Grantor Is an entity other then a natural person flush as a umporation or other organization), Lender nrnuy demand immtldlate payment it: A. A bonnf¢Inl Interest in Gtenlor is sold or tiansfarred O- There is a change in either the ideality or number of members Of a Par atership or similar entity. C. Them is s change In ownership of more than 26 pumont of the voting stock of a corporation or similar entity However. Candor may not demana Payment in the above situations If it is ptehiblted by law as o1 the auto tel this Security instrument. 10. WARRANTIES AND REPRESENTATIONS. Grantor makes to Condor the following warranties and roprnentbti"s Which will nonfinue no funu as this Security Instrument is in offset: A. Power- Grunter is duly organized, and validly existing and in good standing in all jurisdlcdons in which Grantor openrleo. Grantor has the power and authority to enter Into this transaction and to perry on Grantor's businoss mectivrcy us it is now being conducted and, so uppiioeble. is qualified to de vo in each jurisdiction in which Grantor ollelrnau. U. Authority. The execution, delivery and performance of this Security Instrument and The obligation ewduncod by this Security Instrument are within Granlur's powers, have been duty uullrurired, have received all neuassary governmental approval, will nor victor* any provision of law, or order of coat lir governmental agency, and will not violate any agraemant to which Grantor is a parry or to which Gruntor is or env of Grantor's property is subject. C. Name and Placa of Business. Other than pravinualy disclosed in writing To Lender, Glamor hqe not changed Gruntei s name or principal place of business within the Iasi 10 years and has not used any other wade or licmmus name Without Lander's prior written Potential, Grantor does not and will flat ucu any other name and will pieuurva Grantor's exiedng name. trade names and frenchloos. 17. PROPERTY CONDITION. ALTERATIONS AND INSPECTION. Grantor will keep the Properly in good coalition and make all Tripoli that are reusenabfy necessary. Grantor will riot commit or allow any wools. Impairment, or deterioration of the Property Gannet will keep the Property fine of noxious Weeds and grasses Grantor agrees that the nature Of the occupancy and use will not Substantially change without Lender's prior wiitlan consent Grantor will not pOrmh any change in any license, restrictive covateant at easement without Lender's prior written consent. Grantor WIII notify Lender of all demands, proceedings. claims, and actions against Gramm, and of any loss or damage to ilia Property. No portion of the Properly will be removed, demolished or maternally altered without Condor's prior written consent except that Grantor hos thu right to remove Items M polemist property comprising a pat tel the Properly that become worn or nhnolete, Provrtlotl that such personal propnly is replaced with other Personal property at least equal in value to the replaced pcssmnal property, line from any alto retention device. security agreement at other encumbrance. Such roplaramem of personal property WIII he deernad subject to Thu security inacrost created by This Security instrument. C.rM1IO, will not partition or subdivide ilia Property without Lendun's print Written caOaant Lender lir I.aflder'u uguels may, at Lander's option, trust the Pmpeny at any reaaonablo time for Thu purpose of inspecting the PmpnTy. Lender will give Grantor notice of the time of or before an Inspection specifying a reasonable purpose fur the Inspection, Any inspection of the Property will be sorority for Londar's benefit and Grantor will in no way rely on Lender's inspection. 12. AUTHORITY TO PERFORM, 11 Grantor falls to purlurm any duty or any of Thu covenants contained in lire Secmnry Instrument. Condor may, Without nolira, Perform or cause them to be perfuunud Glamor appoints Cancer as attorney in tact to nigh Grunter's name or pay any amount necessary for performance. Lender's right to perform for Grantor will nut vicate an obligation to perform, and Lender's failure to perform will not preclude Lender from examining any of Condor's other rights under the. few or this Security Instrument If any construction mem o..e ,Dmnenrw.{paA faunas ne9onaoavnay 'refer . aWtle emAca 9p,=,•. e. :, Cnwd MN E,as<.]d; pa�•a OCT -02-2007 14:54 From: 2083437484 Tc:2OB4248609 P.419 DAD on the Properly ill discontinued or net carried an in a reasonable raignaar, Landnr may take all slops necessary to Protect LBOdeI'a SOcmjfy interest in the Properly, Including OOulPlabon of the construction. 18. ASSIGNMENT OF LEASES AND RENTS. Grarduf absolutely. unconditionally, irrevocably and inarledullely assigns. grants, bargains and conveys to Lender all the right, title and Interest In the following JPropeFty) A. Existing or future looses, subleases. licenses, guaranties and any OThor wnuan or verbal agreements tot the nue and oucupuney of the Properly. Including but not limited 16 Oily oxtansiora, renewals, modifications or JAPIACealenln ILignswul. B. Rents, issues and profits, including but nut limited to security deposits, minimum range, percentage rents. additional Feats• Oommon area maintenance charges, parking charges. real estate taxes. Omer applicable taxes. insurance premium contributions, liyuldutod damages following default. cancellation plemmms, 'lose of route, insurance, 9110at receipts, revenues, ravelling, proceeds, bonuses, accounts. contract fights, general intangibles, and all rights and claims which Grantor tiny have that In any way pertain to or are on acommt of the use or occupancy of the whole of any part of the Pmpurly Mantel In the ovum any Ilam listed as Leases or Rents Is determined to be personal property, ons Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender with colics ul 1110 Leases and will acetify those Lease-, are true and correct copies. The existing Leases will be previtled un allocution of the Assignment, and all future Looses and any other information with (aspect to these Leases will be provided immediately alter they are executed. Lender grants Grantor a revocable license to collect, receive, enjoy and use the Renrs so long as Grantor is not in default. Grantor's default agtomatieally And rmmodletely levokaa this license. Granter will not n.nnncl in advance any Rents due in future lease periods, unless Grantor first obtains Lender's written consent Amount; cnllucted will be applied at Lender's discretion to the Secured Debts, the uvula of managing, protecting and preserving the Property. and other necessary expenses. Upon default, Grantor will rucorve any Rents in trust lot Lulldnr and Orantel will not commingle the Rents with any ogler funds. when Lender so directs. Grantor will ondvraa and dulwer any payments of Rents from the Property to Lender. Grantor agrees that Lumder will not be cunsdurOd to be a mongaaee-in-possession by alienating this Security Inslrumant or by collecting of receiving Militants on the Seemed Dahrs, Mn only may baeomo a monfogeedn•possession attar G+anur's license to collect. receive, enjoy and use ma Rants is revoked by Lander or automalleelly revoked on Grantor's default, and Lender lakes actual possession of the Properly. Consequently, until Lender rakes areal posaassion of the Property. Lender Is not obligated in perform at discharge any Obligation of Grantor under the Leeson, appeal in of defend any action or proceeding Totaling to the Rents, the Leases or the Property. or be liable in any way for any injury or damage to any person or property sustained In or about the Properly, Grantor agluee that this Secefily Instrument is immOdialely effective between Granum and Lender and OMOTNO as to third parties on the recording of this Assignment. As long as this Assignment Is in offset, Grantor warrants and represents that no dolault axlsts under The Leases, and the Panics subject to the Leasing have not violated any applicable low on leases• licenses and landlords and tonants- Grantor, at its sole coal and expense, will keep, ob9orv0 and perform, and require all other parties to the Leases to comply with the Leases and any appffcable law. If Gfornor or any party to the Loace defaults or fails to 01goorve any applicable law. Granlur will promptly notify Loader. If Grantor neglects or refultra to enforce compliance with the terns of rhe Lueses, than I ender may, at Lender's option, enfereo compliance Grantor will not sublot, modify. extend, cancel, of Othiewloa ober the Looses, or Accept the surrender of the Pmperry, covered by The Leases (unless the Leases so require) wnlroul Lender';: consent Grantor will not assign, unmpr nnim, subordinate or encumber the Leases and Rents without Lender's Prior written consent. Lender does nal eggmae or bcannm liable for the Property's maintenance, depreciation. or other lasses or damages when Lender acts to rrranogo, probml of preserve the PrOperly, except for losses and damages due In Lender's gross negligence or inleoTivnal tuts. otherwise, Grantor will indemnify Lender and hold Londe, lianatens for all liability, loss or damage that Lender may moor when Lender opts to exercise any of Its renledles spinal any party obligated under the Leases. 14. DEFAULT. Grantor wig ha, In detaulf d uny of the following occur: A. Payments. Grantor fails to make a payment In full when due. B. Insolvency or Bankruptcy. 'fhn death, dissolution Or inseivency of, appoinholorn ni a receiver by or on behalf 01, application Of any debtor fuller low, the assignment for the benefit 01 creditors by or on behalf of, the voluntary or involuntary termination of existence, by. Or the Commencement of any proceeding under any present or future federal or State 11100hienuir, bankruptcy, recrganizatfOn, composition or debtor relief law by or against Grantor. Borrower, or any ce-signer, modnrgn. surety or guarantor of this Security Inatrumerd or any Olhal obligations Borrower has with Lender. C. Etiolating Torminatlon. Grantor m0lgos, dissolves. reorganizes, ends IIA 111101asua or uxistorlce, or a partner or utero ity Owner drag its, in declared legally incompetent. D. Failure to Perform. Grantor fails to Perform any Condmon or to keep any piOmisP. of a,Ovenanl of tills Security InstNment_ E. Other DOCUrnonts. A duluull occurs under Tile terms of any other duumncnt Totaling to The Secured Debts F. Other Agreements. Grantor is In default ori any ether debt Or Bglaamont Grantor has will, Lender G. Misrepresentation. Grantor makes any verbal or written statomant or provides any linondal Information that is Milan, I11arrr:Illa1P„ Of CO"Ceals n 1110100101 tae[ at the time it is marls at provided N. Judgment. Grantor fails to satinly or appeal Any ludtpnunt against Grantor I Forfeiture- Thu Property le used In a manner or (at a purpose that 1hmuTens confiscation by a legal authority J. Name Change. Grantor churrgu t Grnnmr's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or Property Thin eondibnn of default, as if reNtos to the Imnsfer of the Property. Is subject to the rasrrirduau amtalnod to the DUE ON SALE smicun L. Properly yalud. Lender doferminen In bond faith that file value of the Property has declined or in impaired IYtln.011d or 71.11 ..h., 16tnepn.,o MOMMORHI MOAltM@ .190a &,A,n 9p,uu...... A. u.w Me f4eFM•: ,•p1l OCT -02.2007 14:55 From: 2063437484 To:2084248609 P.5,9 DAD M. Material Change. Without first notifying Lender, thole is a materiel change In Grantor's business. including ownership, managemmd, and financial condigsns. N. Insecurity. Lender delfrminas in good fault Thal -u material adverse Change hes frorm,ad in Grantor's Intannal Condition tram the conditions set forth in Granter's most recant financial Statement hafore the data of this Security Instrument or that the prospect for Payment 0, parfurreonas of the Secured Debts is impaired lot any reason. 15. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state of federal low of in any document relating to the Secured Debts. Any amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under the Secured Debts Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default Subject to any right to cure, required time schadulus at any other aodce lights Grantor may l,avu under lederal and ,tate law, Lender may make all or any Phil of the ponount owing by the terms of the Sacurud Debts Immediately due and foreclose this Securily Instrument in a manner provided by law upon Mo eccblferiuc of a default or anytime thereafter. All remedies ape distinct. cumulative and not exclusive, and the I.ender is colied to all remedies provided at low or equity, whether M not expressly apt forth. The acceptance by Lender ui ugly sum in payment of partial payrolls, fit, the Secured Debts alter the balance is duo of Is waeferated or after loroclosure proceedings aro Med will nut consulate a waiver or Lender's right to require hill and complete euro of any existing default. Hy nal exorcising any Moody, Lander does not waive Lender's tight to later cnnsidut flat, event a defauh it II continues of Imppcns again. 16. COLUCTION EXPENSES AND ATTORNEYS' FEES. On or alter Default, to the extent pertained by few. Grantor agrees to pay all expenses of oollocti0n, enforcement or protection of Londar's rights and remedies under This Security Instrument or any other document relating to the Scoured Debts Grantor agrees to Pay expenses for Lender to inspect and preserve the Property and far any recordation costs of releasing the Property from this Security Instrument. Expenses Include, but are not limited to. attorneys' fees, court costa and other legal expensea. These axpgnses are drift and payable immediately. If not paid nnmadiately, those expenses will bear interest from the date at payment until paid In full at the highest interest rale in Pliant as provided for in the terms of file Secured Debts. In addition, to the extent permitted by the United Status Bankruptcy Code, Grantor agrees to pay the reasonable ofturney:i Inns incurred by Lender to protect Lender's lights and Interests In connection with any bankruptcy pruceemuus nebalrid by or against Grantor. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. Its used in tills section. (11 Enviroportamal Law moans, without limitation, Ilyd Cumpmlfansivo Environmental Response, Compenuiuun and Liability Act ICERCLA_ 42 U.S.C. 9601 at San I, all other fadur 1. stole and local laws, ragulAtiono, ordinances. court orders, attorney general opinions or Interpretive. letter. Concerning the public health, safety, welfare, onveonment or a hazardous substance; and (2) Hazardnus Substance means any toxic, radioactive of hazardous rinaluxur Waste, Pollutant at contaminant which has characteristics which rundur the substance dangerous or potemiedy dangerous to the public health. safety, welfare or onviranmant Tire form includes. without limitation, any aubsumcae delin rd as 'hazardous mmedal.' 'taxfC substance," "hazardous waste," "hazardous substance,' up "regulated aubstanco' under any Environmental Law. Grantor represents, Programs and agrees that. A. Cxcept as previously dlecloaad and ackerawlndgan In writing to Lender, no Hazardous Substance, hos been, Is, ter will be located, transported, mmwfaclurcd, totalled, refined, or handled by any parson on, under or about the Properly, except in the ordinary Corporate or bualrei and in cola compliance Mali all applicable Environmental Law. B. bxexpt as previously disclosed and acknowledged in writing to Lundor, Grantor has not and will not cause. contribute to, of permit the mleaae of any Hazardous Substance on gra Property. C. Grantor will Immediately notify Lender If Ill a release or threatened release of Hazardous substance occurs mf, urWur at about the Property or migrates of thfeolunte to mltXate from nearby Propatty; or (2) there is a violufian of any, Environmental Lew concerning The Property. In such on event, Greater will pike all necessary remedial aclimt in accordance with Environmental Law D. Except as previously disclmd and acknowledged in writing to Lendur, Grantor has no knowledge at nr lesson to believe there IS any Pending or threatened investigation, clean, or proceeding of any kind rotating to 111 any Hararaaus Sdbstenau located on, under or about the Prope,Ly; or (21 any violation by Granter nr any reactor of any Envlrmlmenlal Low. Grantor will immediately notify Lender in willing as soon all Grenmr has reason to believe there i:: any well pending Of threatened hwareigation, Claim, or proceeding. In Such an avant. Leader has the light, bat riot file obligation, to participate In any such Proceeding including the right to r unwe copies of any documents relining, to each proceedings E. Excupl us previously disclosed and acknowledged of writing to Lender. Grantor drift every Tamm have, been. are and will running In lull compliance with any applicable Enwrnnmantal Law F. Except as previously disclosed and acknowledged in writing to Lender, there are nu underground storage fertile, private dumpo at open wells Iocai9d oil or under rho Property and no such tamp, dump or well will be adrind ,roles, Lender first consents In writing. G. CranIOT will regularly inspect the Properly, monker the activities add upmutions on the Property, and cunhrm that all permits, licenses or approvals fequirad by any applicable Environmental Law ore obtained and complmd with H. Grantor will permit, or cause any tenant to Pumnt. Lender or Lender's agent to moor and Inspect the Property mid paview all records at any reasonshln into to determine Ill the exietanue, location and nature of any Hazardous Substance on, under of about the Proper W: 12) the existence. location, mm"le, and magnitude of any Hazatduus Substance that has been rclaaeed on, under Of about the Properly; or 131 whether of hat Grantor and any longe, art, in compliance with applicable rnvironmmltul Low. ]f e]LAN01K Rc -" ,vans ora, or T.N. pamwNne"ooamfnnms Wpplaostroa• ortlan seNrmsform_ y01WnY Me til r bot MN Fi[ etj` Pin OCT -02-2007 14:55 From: 2083437404 TD:2OB4248609 P.6/9 0A I. Upon Lender's request and at any time, Grantor agrees, al Grantors expense, to engage a qualdied environmental engineer To prepare an environmental audit of the Piopaly and to submit the results of au ch audit to Lender The choice of the environmental anglnoer who will rmduml uuch audit is ayhiect TO Lender's upploval. J. Lander has the right, but not the obligation, lu perform any of Grantor's obligations under this section at Grantor's expanse. K. As a cunsaquenue of any breach of any representation, warranty or promise made in this Fraction. (1) Grunter will indemnity and hold Leader and Lender's successors or assigns harmless from and against all losses. claims, demands. liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and ettur lays' leas, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor will provide Lender with collateral of at hoist rupial value to the Property, without prejudice to any el Lender's rights under this Security Instrument. L. Notwithstanding any of the language contained in this Serurlty Insuuumnt to the contrary. the terms of thin secliun will survive any lorecivaure or satisfaction of this Security Instiurnunt rogort less of any passage of title to Lendar OF uny dlsposlllon by Lander of any or ell of the Pinperty. Any chains unit defenses to the contrary are horeby waived. 10. CONDEMNATION. Creator will give Lander prompt notice of oily pending m Threatened action by private or pubhr; onbtiu0 to purchase or take any or all of the Property through condemnation, aminem domain. or any other means Grantor authorizes Lander to Intervene In Grantor's name in any at the abuvn drscrlbed actions or claims, Grantor assigns to Lender the proceeds of any award or claim for derltagas conn anted with a condemnation or Other taknig of an or any part of the Property. Such proeeoda will be lanuiduard payments Md will be applied as pmvidad In this IlCCUrity Instrument. This assignment of proceeds is sublaal In the terms of any prior mortgage. ducd or trust, security agreement of Other lien ducurguat. 10. INSURANCE. Grantor agrees to keep the Property insured against the nuku reasonably associated with the Properly Grantn, will arainruill this insurance In the amounts Lander Inqutms This insurance will Inst untll iia Property is released from ihtp Security Instrument. What Lender reOVites pursuant to the prauading two sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval, which will not he unreasonably withhuld. All mJW mrcc polrews and renewals will Include a standard 'mnrlgage elauuo" and. where applicable. "loss payee elrusu " 11 iuquired by Lander, Grantor agrees 10 maintain camprehwinive gueorol liability Insurance and rental lone of busivlw: Oactrup ion insurance In amounts and under polleloa Oeneptable to Landon. The comprehensive general liability nrsura lou must name Lender as en additional insured. Tire rental loss or business Interruption Insurance rivet ba or an mnuurd equal to at feast coverage of one year's debt servhee, avid required escrow account depneits tit agreed to wputmoly In writing). Grantor will give Lender and the incurance curnpuny Immediate notice of any loss, All inourauw purreeds will be applied to restoration at repair of the Property or to the Secured Debts, at Lender's option. If Lwrdar acquires the Property in damaged rnnduinn, Grantor's right: to any insurance policies and proceeds will puss to Lender to the extent of the Secured Debts Gmnfar will immediately notify Lander at cancellation or hirritrnalmn at Inpuroac0. It Grantor falls to keep the Flaringly Insured, Lender may obtain insurance to protect Lender's nrmrem in the Property and Grantor will pay for thu inumanne. an I endar's demand. Lender may demand that Grantor pay for the Insluanee all at once, or Lander may add ran insurance premiums to the balance of the Secured Deals and charge interest on It at the rale That apptiou to Ilia Snnumd Debts This insurance may include coverages nor originally required of Grantor, may be widen by a uumpany other than one Grantor would choose, and army be written at a higher rete Than Grantor could obluin it Gmnrur purchased the insurance. Grantor acknowledges slid agrees that Lender or one of Lender's affiliates may receive cunumssinn,5 on the purchase of this Insurance. 20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be Inquired to poy To Lander funds for taxes and insurance in escrow. - 21. CO-SIGNERS, If Granter signs Rhys Srcurlry Instrument but is not otherwise obligated to pay the Secured Debra, Grantor does so only to convey Grantor's interest in the Property to secure payment of Tho Secured Debts antl Grantor does not agree by signurg thm Security Instrument to be personally liable on The Secured Deals. if this Security instrument secures a guaranty buiwonn Lender and Grantor. Grantor agreus to waive any rights that may prevent Lender from bringing any action at claim ugnmsR Grantor or any party Indebted wider the nbligmfon These rights may include, but are not limited to, any still duhrfamry or one -action lows. 22. SUCCESSOA TRUSTEE. Lender, at Lander'.s option, nay from time to fNntl remove Trotting and appoint a successor without any other formality Than this designation in wuunp. The successor trustee, without cunvoyonce of the Properly, will succeed to all the title, power and duties- confmmd upon Trustee by this Security Insburneaf and applicable law 23. WAIVERS. Except to the extent prohibited by low, Grantor waives all appraisement and homestead exemption rights relating TO The Property 74 DECLARATION. Grantor declkieu that Rho Property is i n iia not more than forty acres it area or FIAT the vrape,Ty iu located within an Incorporated Gly at village 26. CONSTRUCTION LOAN, This Security Instiu surd uururex an obligation Incurred for Ilia cnnsirprlion of an impluvunant on the Property. 24. APPLICABLE LAW. This Security InaUurtlenl Is governed by the laws of Idaho. the United Stater. of Alliance. and to the extent IegDIIVd, by file laws of She jurisdimion where the Property rs localed. except 10 The extent such Otago laws are preempted by fadural law 316) kANAW. u.0 Idem Dud 0r Two Irtr:n. ID,411.n.wfMf.137axxxmn11111,-1ill, el YNe Kink": avirms Ln sr Lln,M, UN L rm-6Z piaGf OCT -02-2007 14:56 From: 2083437484 To:2084248609 P.719 DAD 27. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grontai's nhliomions under this Security Inabumant are Independent of tita obligations of any other Grantor. Lender may Sac each Grantor Individually Or together with any other Grantor. Lender may release any part of the PrOPerty and Grantor vilil still be obligated under this Security Instrument 7M the temmaininu Property. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or mmku any change in the [arms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor bum the terms of this Security Instrument. Thu duties and benefits of oris Savorily Instrument will bind and benefit Elia successars and assigns of Lender and Grantor. 2g. AMENOMENT, INTEGRATION AND SEVERABILITY. This Suourity Instrument 'tiny not be amended at modified by oral agreement No amendnnum OF modification of this Secvrlty Instrument is cneclive unless made In writing and axsoulod by CrBntOi and Lender. This Security Instrument and any ogler documents raladag to the Secured Debts aro the complete .,to land expression or the agneemant. If any provision of this Security Instrument is u6e00lcuablo, then the unenimeeable provision will be SdvSrod and the renanaag provisions will still be enforeaable. 29. INTERPRETATION. Whenavar used, the sInPular includas the plural and the plural induduu Ilia singular. The aoevon headings are for convanionco nnly and are Intl to ho used t0 interpret or define the retia of this Security Instrument GO. NOTICE. FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND REGORGING TAXES. Unless otherwise required by law, env notice will be given by delivering it or mailing it by N5l ciuss mail to the appropriate party's address holed In the DATE AND PARTIES section, or 10 any other address duurgmred in writing. Notice to one Grantor will be daamed to be natsru to all Grdruna. Grantor will inform Lender In writing of any change in Grantor's ohms, oddresa or other applivauon Information. Grantor will provide Lendul any financial statements or information Lender requesfs. All financial slulomunss and Information Grantor glVeo Landor will be correct and complete. Gleno, agrees to pay all expanse.^., dtalgus and taxes In connection with the piworatinn and recording of this Security Instrument. Grantor agrees to sign, dubvor, and file env additional documents or Certifications that Lerldun may consider necessary 10 perfect, continuo, and preserve Gramai s obligations under this Security Instrument and to confirm Lendar's Iden statue m1 any Property, and Gentler agrees to pay all expenses, charges and luxos in connection with the preparation and (carding thereof. Time Is of the essence. 37. AGREEMENT TO ARBITRATE. Lender or Grantor may aubmit to binding arbitration any dicaaLu, claim or other nmllar m queatlon between Or among Lender and Grantor That olives out o1 or relents la this Tra era nal (Dispute), uxuapl as otherwise indicated in this section or as Lander slid Grantor agree to in writing. Fat purposes of this section, t[aa 'transaction Includes this Security Instrument and say odor document relating to the Scuurad Debts. and prepared loons at extensions of credit that relate to this: Security InsWmcnit. Lander of Gnentor will not aibllra n any Disputa within any 'Cala proceedings" under the Ullhat] Stales bankruptcy laws Lando, and Grantor must consent to arbitrate ally Dispute concerning the Sashed Debt secured by real estate el Ila" line of tine proposed arbitration. Lender may fmdulosc or exercise any powers of cola against real property securing the Reenrnd Debt underlying any Dispute before, de.mg or after any arbitration. Leader may also enforce the Secured Debt seeteed by this real property and underlying the Ooputa before, during or After arty arbitration. Lender or Grantor may, whether or not Any arbitration has begun, pursue ally self-help or similar ramudlus. ip uoluding taking property or exercising olhor ,gifts under the law; soak al[ocbrnant. garnishment, recaiVarsbd lir Offer provisional_renrodiea from a court having jurisdiction to preserve the lights of or to prevent Irreparable injury to Lender or Grantor; or taranlosg against any properly by any method of take legal action to recover ally property Fnmo using or exercising a power of Auto, beginning and continuing a juin lel action or pursuing sell -help remedies will not aonaiilute a waiver of the right io compal arbitration. The arbitrator will detetmina whether a Disport I$ Arbitrable. A single arbitrator will ra rulver any Dispute. whether individual or joint in nature, or whether based on Contract, full, lir any other matter at law or In squint. The arbitrator may consalidam any Disputy with any related dispinea, claims or other matters In yuasuon not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree an the arhar Ira's award I he ludgmem or decree will be enfin"(1 uv any other judgment or electric. Lender and Grantor uuknnwladge that The agreements, transections or the relationships which result tram the agreements or hanunclan; hnlween and among Lender and Granter Involve interstate cormnuna. The United Slates Arbitration Act will gnvAn the interpretation and enlarr:ement of this eaction. The American Arbitration Association's COMMulciul Arbitration Ruins., in allow on the date of thio Security luxirument, will govern The Selection of the Arhivalw and the arbitration process, unless otherwise all, sed to in this Sucuruy Instrument or another writing. 92. WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor unduratand that the parties have the right or opportunity to litigate any Dispute through a triol by judge or jury, but that the parties prefer to resolve Dispurea 'brought arbitration instead of litigation. if any oiepate is erbitrared, Lender end Grantor Voluntarily and knowingly waive the right to have a %flet by Jay or Judge during the atbluation. SIGNATURES. BY signing, Grantor agfeas to the terms and covenants contained in this Security Inarrument Grantor also acknowledges receipt of a COPY til 11115 Security Instrument. GRANTOR: ...r--: w..,n. 11 m un,w Mn yy`, ,.KKC OCT -02-2007 14:56 From: 2083437484 To%2084240609 P.8,9 prm ACKNOWLEDGMENT, I Business or Entity) ii� OF Sr),a.�.o(faZaV,4OF _A^+,, as. On this� day of10`14 before me. ��-+-v^w-•^-•-a a Notary Public, pedally appeared PACIFICNUNTNWEST ELECTRIC, INC. and Walter T SIOM(A , knuwn or Identlfled 10 me for proved to me on the oath of .fah) L ,.. I to he the president, or vice•presldent, of ceemrory ar assistant secretary, of the corporation that axocutcd the instrument or the person who executed the inahumant nn behalf of said corporation, and acknowindged to me Nat such corporation executed the same, My aommiaslon expires:' C^• �a-'�.H-qh INotary Puh11u1 ln^�--- REQUEST FOR RECONVFVANCE (Not to he completed until paid in lull) TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Security Inutrument, Said note or notes, together with all other indobtudnass secured by this Security Instrument, have boon paid In full. You are hereby dnected to cancel thio Security Instrument. Which Is delivered hereby, and to ructim gy, without warranty, an the satins now hard by you under this Security Instrument to the person o1 poisons logally entitled thereto. ............................................. .............. (AalharlLad Lcndm Rignaturel fOste) IIF.a LPNPIa{ {lV '• I.IJ�n ll,ml{11 IIY)1 iD:ena�nreeav]]IDoan51B]ele06nuur olgge axd.,. gynriz Nc sl el,.J r Innme x LwUwili' 4w i OCT -02-2007 14:56 From: 2083437484 To:2084248609 P.9,9 PAD EXHIBIT A parcel B Description A portloo of Lm. 7. had a portion of Lot 1 of the Olson and Bush Industrial Park Subdivision, located in a portion of the $omhnaat % of the southeast %. Section 8, Township 3 North, Pangs 1 East, Bolso Meridian, City of Meridian, Acta' Cnnnly, Idaho. r - A portion 0f Lot 7. and a portioo o£Iat 1 of the Olson, and Hush lodustnsl Park Subdivision, located In a portion of the Southeast % of the Soathewt %, Section St Township 3 North, Rmtge 1 Beat, Boise Mandian, City of Meridian, Ada County, !lobo, mote particularly doscn'bod as follows: Iicgitldtug at the found brass cap marking ora Sourhoast comer of Section 8, Township 3 North, Range I East, ho,m which the found brave cup minkidg the East % comer of Secliou S bears North 01°28'08" But a distance 6f 2,650.12 taet; Thettcc along theEasterly boundary of said Seedon, North 01°28'08" East, a distance of 498.00 feet to a pont. Thence leaving said boundary, North $r28'l7" West a dlstanco of 100.00 fact to o found 518 inch rebar with plastic oop Stempel "FLST PLS 7612" on the Watt rigid-ad.way of Eagle Road at the TRVB PogSf OF BBOINNING: Thence leaving add right 4 -way and commuing along the Soolb line of Tats 1 top) 2, North 884281170 wast, a distance of 220.07 feet to a found $18 tach rebar with plastic cap stamped -MSI FLS 7612" at the Soumwasl or= of L*12, Thence along the Westerly boundary of cold Loot. North 01628'08" Bast, o diamaco of 82.10 feet in a act 518 Inch rcbor with plastic cap stamped "VLSI PIs 7612"; Thence leaving the weatcly boundary of Toot 2, South 88°35'10" Beat, a distance of 101,58 feet m A set 318 inch robin with plastic M stamped "PLSI PL$ 7612".- Thence 612";Thence North 01"24.50" Riga. a diatenoe of 6.21 that to a tad 518 inch rebat with plastio cep slaraped "FLSI PL$ 7612 Thence South 88°3510" Feat, a distance of 32.30 feet to a sot 518 inch robar with plastic nap stamped "PLSI PI. S 7612':4 Thence North 01"24'50" East, a diatoco of 32.06 feet to a ant $18 itch rebarwith plastic cap stamped "FLSI PLS 7612", Thence Smith A$035134' Bart, a distance of 56.03 feet to a act 6/9 Inch rebar with plastic cap stamped "FLET PLS 7612", Thence North 01*28'09" Feet, a distance of 154-15 feet to a set 318 inch Inbar with plastic cap stamped "M91 FLS 7612' at n point on the Southerly right-of-way of Lanark Street: Thence along said right.of--way, South 88°28'08" East, u durance o£30-00 Joel to a foudd 518 inch reborwith plaa4c cap et:imped "FLSI PLS 7612" at anoint on the Weaterlyright-of--way of P.agle Rout; Thence along said right-of-way, South 01°28'08" West, a distance of 274.92 feet to the TRUE POfNT OF BEGTNNING- STATE OF IDAHO COUNTY OF ADA AFFIDAVIT OF LEGAL INTEREST �slone irv✓,� (name) (addres ) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: (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 day of 20J-0�1— (Signature) SUBSCRIBED AND SWORN to before me the day and -year first abovewritten oNNAOq (Notary Public for Idaho) Residing at O �ty',2 Pv v My Commission Expires: I 7� r1lJ ay Avenue, Suite 210 • Meridian, Idaho 83642 Facsimile: (208) 888-6854 6 Website: www.meridiancity.org VEIPUDIANJ;-� Customer Receipt City of Meridian, Planning Department 33 E. Broadway Ave. Suite 210 !D�NO I Meridian, ID 83642 PH: 884-5533 /FAX: 888-6854 Project Name Lanark Site Work (3163) Applicant Applicant Address 4696 Overland Rd. Ste 156, Boise, ID 83705 Project Address 3163 E Lanark St Meridian, ID 83642 Subdivision Olson And Bush Industrial Park Professional Address: Phone: FAX: Fees and Receipts: Number 12176 Description Amount Certificate of Zoning Compliance with Prior Approval $173.00 Total Fees: $173.00 Check Number: 5001 (03/01/2012) $173.00 Total Receipts: $173.00 Balance Due: $0.00 Sonya Watters From: Sonya,Watters Sent: Wednesday, March 14, 2012 4:07 PM To: 'pat@mckeeganarch.com' Subject: FYI .... 3163 Lanark Please see Mindy's (ACHD) email below... -----Original Message ----- From: Mindy Wallace [mailto:Mwallace@achdidaho.org] Sent: Wednesday, March 14, 2012 11:02 AM To: Sonya Watters Subject: RE: 3163 Lanark Sonya, At traffic impact study will not be required for this application. However, ACHD does consider this to be a change of use. In 2006 an impact fee (light industrial) was paid for the site. The mattress store would be classified as furniture store and would be assessed a different fee. After the application has been approve, the applicant should submit plans to ACHD for review and impact fee assessment. Please let me know if you have any questions. Mindy Mindy Wallace Planning Review Supervisor Ada County Highway District (208) 387-6178 "We drive quality transportation for all Ada County -- Anytime... Anywhere!"