Calico Cattery CZCV 12-008~~~
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
Apri125, 2012
Michelle Johnson
11429 Hiawatha Drive
Boise, Idaho 83709
}2E: Calico Cattery-1321 N. Main Street (CZCV-12-008)
Dear Ms. Johnson:
This letter is to confirm the approval of your certificate of zoning compliance verification application to
change the use of the existing building from retail sales to an animal care facility. The proposed use shall
meet the standards set forth in UDC 11-4-3-1. The applicant and/or properly owner shall have an ongoing
obligation to comply with all current City ordinances and previous conditions of approval associated with
this site (CZC-11-004). If you should have any further questions regarding this matter, please don't
hesitate to contact Bill Parsons at (208)884-5533.
Please contact Building .Services and the Meridian Fire Department for specific permit and code
requirements.
The applicant, director, 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 May 10, 2012,
within fifteen (15) days after the written decision is issued, and contain the information listed in Unified
Development Code (UDC) 11-SA-6B.
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.
Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit
our web-site at www.meridiancity.org departments/planning/comment card to fill out a customer survey
and give us feedback on how we are doing.
Sincerely,
CSC--~ -
te Friedman, AICP
Interim Planning Director
PF:bp
.Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642
E IDIAN---
Planning Department
CERTIFICATE OF ZONING COMPLIANCE
VERIFICATION
Application Checklist
Pro'ect name: `~, File #: C2C - Z
A licant/a ent: ~,
All applications are required to contain one copy of the following unless otherwise noted:
~-Mtg.`
ei,,,,c~, Kt_
.....applicant
(,~~
Description Staff
(~~
~ Com leted & si ed Administrative Review A lication
-~ ~ Letter and/or Narrative full describin the ro osed use of the ro e
Recorded warran deed for the sub'ect ro e
Affidavit of Legal Interest signed & notarized by the property owner (lf owner is a corporation,
submit a c of the Articles of Inc oration or other evid~ce to show that the on si is an authorized ent.)
e .~,1
o Written confirmation that a 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.
Scaled vicini ma showin the location of the sub'ect ro ert
Co of the recorded lat the roe lies within (8'/z" x 11")
,/ Address verification letter from Develo went Services (887-2211)
Fee (If this ro'ect had rior a royal on a site lan, reduced fees ma a 1 )
ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD 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
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS
RECEIVED ALL REQUIRED INFORMATION.
aJr.~% ~T~tl,,C~~
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(revised 6/02/2011)
E IDIAN~~---
i~~~c
Planning Department
ADNIINISTRATIVE REVIEW APPLICATION
Type of Review Requested (check all that apply)
^ Accessory Use
O Alternative Compliance
^ Certificate of Zoning Compliance
8 Certificate of Zoning Compliance Verification
^ Conditional Use Permit Minor Modification
^ Design Review
^ Private Street
^ Property Boundary Adjustment
^ Time Extension (Director)
^ Vacation
^ Other
STAFF USE ONLY:
File number(s): GZGU'~2 'Od g
Project name: Ca l fed Ca ~~'y
Date filed: "2~'~Z Date c mplete: 7 Zy'~~
Assigned Planner: !5 F ~ ~ ~~Sd'l~ls
Related files: t'' ZG ' ~~-'O ~
Applicant Information
Applicant name: Michelle Johnson phone: 724.$270
Applicant address: 11429 Hiawatha dr
Zip: 83709 Email: info@calicocattery.c~m
Applicant's interest in property: ^ Own 8 Rent ^ Optioned ^ Other
Owner name: Jerry & Gloria Keulman Phone: 412.5500
Owner address:
Agent name (e.g., architect, engineer, developer, representative):
Firm name:
Phone: Fax:
Address: Zip: E-mail:
Primary contact is: 8 Applicant ^ Owner ^ Agent ^ Other
Contact name: Same as above Phone:
Contact address:
Fax:
Zip: E-mail:
Zip: E-mail:
Fax:
Subject Property Information
Location/street address; 1321 N Main St Meridian 83642
Assessor's parcel number(s):
Township, range, section: Total acreage:
Current land use: retail Current zoning district:
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 11/29/11)
Project Description
Project/subdivision name: Calico
General description of proposed project/request: Luxury cat boarding
Proposed zoning district(s):
Acres of each zone proposed:
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? na
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:
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);
2 or more Bedrooms:
Minimum property size (s.f):
Gross density (DU/acre-total land):
Percentage of open space provided:
Proposed building height: _
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys):
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: ^Siugle-family ^ Townhomes ^ Duplexes ^Multrfamily
Non-residential Project Summary (if applicable)
Number ofbuilding lots: ~ Other lots:
Gross floor area proposed: ~~~ Existing (Qif applicable):
Hours of operation (days and hours):-~ ~ " 3 ~~ / - I a Building height:
Percentage ofsite/project devoted to the following:
Landscaping: Building:
Paving:
Total number of employees: Maximum number of employees at any one time: c-~
Number and ages of students/children (if applicable): Seating capacity:
Total number of parking spaces provided: ~_ Number of compact spaces provided:
Authorization
Print a licant name: Michelle Johnson ,,
PP _ .. A-~-,r
Applicant signature:
Date: 4-20-2012
33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642
Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
Bill Parsons
From: Barb [info@calicocattery.com]
Sent: Tuesday, April 24, 2012 11:59 AM
To: Bill Parsons
Subject: Fwd: calico
Babs iphone
Begin forwarded message:
From: Michelle Johnson <escapethecrate(a,hotmail.com>
Date: April 24, 2012 11:18:01 AM MDT
To: info(a,calicocattery.com
Subject: calico
Calico offers luxury cat boarding, we have been in business on Fairview for 15 months and
would like to relocate to 1321 Main st. Our goal is to maintain an average of 15 cats per day.
They will stay inside, and we will only use biodegradable cat litter. We will sell small amounts
of products to clients including; cat toys, scratchers' cat litter and collars.
We are happy to be apart of down town meridian.
Michelle and Barb
Calico
(o v
i
ADA COUNiY RECORDER J. DAYID NAYARRO AMOUNT 18.00. 6
801SE IDANO 08J201D8 04:21 PM
DEPUT1f Neaue Rmley I'
RECORDED-REQUEST OF ~I~ ~'ll~ll'~~'II~IINI'~II'III) I~
Hrel American 1061024413
Space Above This Line For Recording Data
DEED OF TRUST
DATE AND'PARTIES. The date of this Deed Of Trust {Security Instrument) is June 26, 2006. The parties and
their addresses are:.
GRANTOR:
GERALD T KEULMAN
HUSBAND
4831 SKYLINE DR
EAGLE, Idaho 83616
GLOR{A A KEULMAN
WIFE
4831 SKYLINE DR
EAGLE, Idaho 83616
TRUSTEE:
FIRST AMERICAN TITLE COMPAiVY OF IDAHO
a Corporation
7311 Potomac
Boise, Idaho 83704
LENDER:
SYRINGA BANK
Organized and existing under the laws of Idaho
P.O, Box 7557
Boise, Idaho 83707
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and
to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably grants,
bargains, sells and conveys to Trustee, in trust for the benefit of the Lender, with power of sale; the following
described property:
The East 1/2 lone half) of the North 1/2 lone half), except the East 122 feet, of Block 3 of AMENDED PLAT OF
F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, according to the plat thereof, filed in Book 7 of Plats at Page
299, Records of Ada County, Idaho.
The property is located in ADA County at 1323 N MAIN ST, MERIDIAN, Idaho 83642.
Together with all rights, easements, appurtenances, royalties,- mineral rights, oil and gas rights, crops,, timber, all
diversion payments or third party payments made to crop producers and all existing and future improvements,
structures, fixtures, and replacements that may now, or at any time in the- future, be part of the real estate
described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all
underlying agreements have been terminated in writing by Lender.
2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time
will not exceed 8407,000.00. This limitation of amount does not include interest and other fees and charges
validly made. pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the
~_____ _i .~-_ r__.._:... ,__._..~_~. .~ -.~...... 1.....1...x.. w,.w...:~., sn,d •n nnrfnrm ant! of the, r`AVP.f1AntC rnntained In
following:
A. Specific De 'The following debts and all extension, renewals, refinancings, modifications and
replacements. A promissory note or other agreement, No. 115560001, dated June 26, 2006, from Grantor to
Lender, with a loan amount of 5407,000.00 and maturing on July 10, 2021.
GERALD T KEULMAN
IdaAo Oe~d OI Trurt IniWls
IDl4Xcbsrpay00937100006187014082308Y ot998 Bankers Systems, Inc., St. Cloud MN Eimer "" Pegs 1
r' ~
B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not
' specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than
one person signs this Security Instrument, 'each agrees that it will secure debts incurred either individually or
with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a
commitment to make additional or future loans or advances. Any such commitment must be in writing. to the
event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent
~ security interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security
Instrument will not secure any debt for which anon-possessory, non-purchase money security interest is
created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law
governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a
security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined
• and required by federal law governing securities.
C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security
Instrument when the evidence of indebtedness specificafly states that it is secured by this Security Instrument.
' 4. PAYMENTS. Grantor agrees that alt payments under the Secured Debts will be paid when due and in
.accordance with the terms of the Secured Debts and this Security Instrument. Grantor acknowledges that the
interest rate, payment terms, or balance due on the loan may be indexed, adjusted, renewed or renegotiated.
5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by
this Security Instrument and has the right to irrevocably grant, bargain, sell and convey the Property in trust to
Trustee, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances
• of record.
6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other
lien document that created a prior security interest or encumbrance on the Property, Grantor agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Grantor receives from the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any note or
agreement secured by the lien document without Lender's prior written consent.
7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments,
ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide
to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor
• will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor
agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against
parties who supply tabor or materials to maintain or improve the Property.
~ 8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt
to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance,
transfer or safe of all or any part of the Property. This right is subject to the restrictions imposed by federal law
(12 C.F.R. 5911, as applicable.
9, WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security
Instrument. The execution and delivery of this Security Instrument wilt not violate any agreement governing
~ Grantor or to which Grantor is a party.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition
and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or
deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees
that the nature of the occupancy and use wilt not substantially change without Lender's prior written consent.
' Grantor will not permit any change to any license, restrictive covenant or easement without Lender's prior written
consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any
loss or damage to the Property.
No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent
except that Grantor has the right to remove items of personal property comprising a part of the Property that
become worn or obsolete, provided that such personal property is replaced with other personal property at least
equal in value to the replaced personal property, free from any title retention device, security agreement or other
encumbrance. Such replacement of personal property will be deemed subject to the security interest created by
this Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior written
consent.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of
inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a
reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and
Grantor will in no way rely on Lender's inspection.
~ 17. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this
Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender
as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to
perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude
t n..,tnr frnrn nvnre~icinn env of I anrlRr~s ether rights under the taw or this Security Instrument. If any construction
~a. va.rrava,a. ~a~anau, rrm vaa n~ uo.ou~a n m,T u. u,a, ,arnvrr.,.b vvv.n.
A. Payments. G or fails to make a payment in full when due.
B. Insolvency or bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf
of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of,. the
GERALD T KEULMAN
Idaho Deed Of Trust - Inlds4
ID/4Xcbarpey00937100005187014082308Y X1996 aenksra Systems, Ina., St. Cloud, MN 6~er~1" F°pe 2
. ,
I,s
voluntary or involuntary termination of existence by, or the commencement of any proceeding under any
present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or
against Grantor, Borrower, or any co-signer,. endorser, surety or guarantor of this Security Instrument or any
I other obligations Borrower has with Lender.
C. Death or Incompetency. Grantor dies or is declared legally incompetent.
D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this
Security Instrument.
E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts.
F, Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender.
G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that
is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. .
1. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.
J. Name Change. Grantor changes Grantor'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. This condition
of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON
SALE section.
L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired.
~ M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Grantor's
financial condition from the conditions set forth in Grantor's most recent financial statement before the date of
this Security instrument or that the prospect for payment or performance of the Secured Debts is impaired for
any reason.
13. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or
~ in any document relating to the Secured Debts. Any 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 schedules or any other notice rights Grantor may have under federal and
state law. Lender may make al! or any part of the amount owing by the terms of the Secured Debts immediately
due and foreclose this Security Instrument in s manner provided by law upon the occurrence of a default or
anytime thereafter.
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or
~ equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment
on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not
constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising
~ any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens
again.
14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
I Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under
this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for
' Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this
Security instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other legal
expenses. These expenses are due and payable immediately. If not paid immediately,, these expenses will bear
interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms
of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees
to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with
~ any bankruptcy proceedings initiated by or against Grantor.
15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, 11I Environmental Law
means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,
~ 42 U.S.C. 9601 et seq.l, all other federal, state and local laws, regulations, ordinances, court orders, attorney
, general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
substance; and 12) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or
contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public
health, safety, welfare or environment. The term includes, without limitation, any substances defined as
"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance"
' under any Environmental Law.
~ Grantor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is,
or wilt be located, transported, manufactured, treated, refined, or handled try any person on, under or about the
Property, except in the ordinary course of business and in strict compliance with all .applicable Environmental
I Law.
B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause,
contribute to, or permit the release of any Hazardous Substance on the Property.
remedial action in accordance with Environmental Law.
D. Except as pi lusty disclosed and acknowledged in writinz. ~. Lender, Grantor has no knowledge of or
reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to
(1- any Hazardous Substance located on, under or about the Property; or (2- any violation by Grantor or any
GERALD T KEULMAN .
Idaho Deed Of Trwt Inltiels
ID/4Xcberpey00937100006187014082308Y X1996 Bankers Systems, Inc., St. Cloud, MN E~er~" ~ Paps 3
I' ~ . tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has
reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event,
• • Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive
• copies of any documents relating to such proceedings,
~ E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been,
are and will remain in full compliance with any applicable Environmental Law.
• F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
~ tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
added unless Lender first consents in writing.
G. Grantor will regularly ipspect the Property, monitor the activities and operations on the Property, and confirm
that alt permits, licenses or approvals required by any applicable Environmental Law are obtained and complied
with.
• H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property
and review all records at any reasonable time. to determine 11) the existence, location and nature of any
~ Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any
Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Grantor and.
any tenant are in compliance with applicable Environmental Law.
I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
1 environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit
to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's
approval.
J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at
Grantor's expense.
K. As a consequence of any breach of any representation, warranty or promise made in this section, t11 Grantor
will indemnify and hold Lender 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 attorneys' fees, which Lender and Lender's successors' or assigns
may sustain; and. t2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor
will provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's
rights under this Security Instrument.
L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this
section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title
to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary
~ are hereby waived.
' 16. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or
I public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other
means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims.
Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or
other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as
provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage,
deed of trust, security agreement or other lien document.
17. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the
Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the
Property is released from this Security Instrument. What Lender requires pursuant to the preceding 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 be unreasonably withheld.
All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee
clause." li required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental loss
or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general
liability insurance must name Lender as an additional insured. The rental toss or business interruption insurance
~ must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits
~ (if agreed to separately in writing).
Grantor will give Lender and the insurance company immediate notice of any toss. All insurance proceeds will be
applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the
Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the
extent of the Secured Debts.
Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor faits to keep the
Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay for
the insurance on Lender's demand. Lender may demand that Grantor pay for the insurance all at once, ar Lender
may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that
applies to the Secured Debts. This insurance may include coverages not originally required of Grantor, may be
written by a company other than one Grantor would choose, and may be written at a higher rate than Grantor
could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one of Lender's
I, affiliates may receive commissions on the purchase of this insurance.
- - -~
Debts, Grantor doe- ^o only to convey Grantor's interest in the Pr rty to secure payment of the Secured Debts
and Grantor does i, agree by signing this Security Instrument to t, . ,,ersonally liable on the Secured Debts. If this
Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may
GERALD T KEULMAN •
Idaho Dssd Ot Trust Initials _
ID/4Xebarpey00937100005187014062306Y X1998 Benken: Systems, Inc., St. Cloud; MN Ex ~r Paps 4
Vii.-.
prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These
rights may include, but are not limited to, any anti-deficiency or one-action laws.
20. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a
successor without any other formality than the designation in writing. The successor trustee, without conveyance
~ of the Property, will succeed to all the title, power and duties conferred upon Trustee by this Security Instrument
and applicable {aw.
21. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead exemption
' rights relating to the Property.
22. DECLARATION. Grantor declares that the Property is either not more than forty acres in area or that the
Property is located within an incorporated city or viNage.
23. APPLICABLE LAW. This Security Instrument is governed by the laws of Idaho, the United States of America,
' and to the extent required, by the taws of the jurisdiction where the Property is located, except to the extent such
state laws are preempted by federal law.
24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security
Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or
' together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated
~ under this Security Instrument for the remaining Property. Grantor agrees that Lender and any party to this
Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any
evidence of debt witfiout Grantor's consent. Such a change will not release Grantor from the terms of this
' Security Instrument. The .duties and benefits of this Security Instrument will bind and benefit the successors and
i assigns of Lender and Grantor.
' 25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified
by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing
i and executed by Grantor and Lender. This Security Instrument and any other documents relating to the Secured
Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is
unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be
enforceable.
i
' 26. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. e
• section headings are for convenience only and are not to be used to interpret or define the terms of this Security
' Instrument.
27. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise
' required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's
address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one
Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change in
I Grantor's name, address or other application information. Grantor will provide Lender any financial statements or
i information Lender requests. All financial statements and information Grantor gives Lender will be correct and
' complete. Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording
of this Security Instrument. Grantor agrees to sign, deliver, and file any additional documents or certifications that
Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security
Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all expenses, charges
and taxes in connection with the preparation and recording thereof. Time is of the essence.
' 28. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any dispute, claim or other
matter in question between or among Lender and Grantor that arises out of or relates to this Transaction (Dispute),
~ except as otherwise indicated in this section or as Lender and Grantor agree to in writing. For purposes of this
section, this Transaction includes this Security Instrument and any other document relating to the Secured Debts,
and proposed loans or extensions of credit that relate to this Security Instrument. Lender or Grantor will not
' arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws.
' Lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate at
the time of the proposed arbitration. Lender may foreclose or exercise any powers of sale against real property
securing the Secured Debt underlying any Dispute before, during or after any arbitration. Lender may also enforce
~ the Secured Debt secured by this real property and underlying the Dispute before, during or after any arbitration.
i Lender or Grantor may, whether or not any arbitration has begun, pursue any self-help or similar remedies,
including taking property or exercising other rights under the law; seek attachment, garnishment, receivership or
i other provisional remedies from a court having jurisdiction to preserve the rights of or to prevent irreparable injury
to Lender or Grantor; or foreclose against any property by any method or take legal action to recover arty property.
Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies
wilt not constitute a waiver of the right to compel arbitration.
' The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator wilt resolve any Dispute, whether
individual or Joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The
! arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising
out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award.
The judgment or decree will be enforced as any other judgment or decree.'
Lender and Grantor acknowledge that the agreements, transactions or the relationships which result from the
.. _----,..- --.___._._ .........,.....e Thn Ilnit,arl
Instrument, wm govern me selecnon or me aronrawr anu the muntauvu Frtut:caa, u~ncaa vanc~w~ac oy~ao~ •~ ~~~ •~~~°
Security Instrument !' ~ pother writing. ~
29. WAIVER OF TRIAD FOR ARBITRATION. Lender and. Grantor unaerstand that the parties have the right or
opportunity to litigate any Dispute through a trial by judge or jury, but that tha parties prefer to resolve Disputes
GERALD T KEULMAN
Idsho Daad Of Trust t~hiala
ID/4Xebarpay00937100005187014082306Y °1998 8anksrs Systsms, Ine.,'St. Goud, MN Ems' 'Paps 5
~ ,
,E~" through arbitration instead of litigation. if any Dispute is arbitrated, Lender and Grantor voluntarily and knowingly
waive the right to have a trial by jury or judge during the arbitration.
SIGNATURES. By signing, Grantor agrees to the terms acid covenants contained in this Security Instrument.
Grantor also acknowledges receipt of a copy of this Security Instrument.
GRANTOR
GERALD T KE AN
Indivi iallyO r/
~~
ORIA A KEULMAN
ndividually
ACKNOWLEDGMENT.
(IndivLd~ ~uaLl) Q
.! a~f~-- OF ~ ~ ~nl~-~. OF 4 ' ~ ss.
On this ~ ~" day of ~~i.,~-C o~ o ~ before me
` a Notary Public, personally appeared GERALD T KEULMAN ,HUSBAND,
and LORIA A K UL AN WIFE, known or identified to .me for proved to me on the oath of
), to be the person(s) w se name(s) is/are subscribed to the within
instrument, and acknowledged to me that he/she/they executed t e me.
My commission expires: t/~q,/0 ''~ Q
(Nola licl a` ~'
.:
d
G ~; , DA OS
• ,L ~• ; ~ 0
REQUEST FOR RECONVEYANCE
(Not to be completed until paid in full)
TO TRUSTEE:
The undersigned is the holder of the note or notes secured by this Security Instrument. Said note or notes,
together with all other indebtedness secured by this Security Instrument, have been paid in full. You are hereby
directed to cancel this Security Instrument, which is delivered hereby, and to reconvey, without warranty, all the
estate now held by you under this Security Instrument to the person or persons legally entitled thereto.
.......................................................... ...........................
(Authorized Lender Signature) {Date1
GERALD T KEULMAN
Idaho Dead O! Trust Initials _
ID/4Xebsrpey00937100005/87014062308y X7998 Bankers Syscams, Inc., St. Cloud. MN Ea er Pao° B
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, G- G>~ A ~ 1J T. k U~ ~a r1, CgnC w, ~t~ ~`i F ~ 7'-
(name) (address)
d3oi5 ~~~ T.D.
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant m~
permission to: ~ a a 1 ~ ~ ~. s I ~ ~ a / ~s ~ ~$~ 1
(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 ~3 day of Pi PR I L , 20 I ~
7-, ~ -~.
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
~ p,RESyFq
V ~ ~O~ A h'L (Notary blic for Idaho)
'~` Residing at: Mti~~~~~~ ; ,Q~~~
~~ B~-~~
• S;~A . `~~ My Commission Expires: lO- ~ 5 -~O ~ `0
~~
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 8845533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
Bill Parsons
From: Barb [info@calicocattery.com]
Sent: Tuesday, April 24, 2012 11:58 AM
To: Bill Parsons
Subject: Fwd: 1321 N Main St
Hi Bill,
Here is the email from Mindy and I'm also sending an email with a letter of what we will be doing. Our printer
is not working yet.
Michelle
Babs iphone
Begin forwarded message:
From: Mindy Wallace <Mwallace(a~achdidaho.org>
Date: Apri123, 2012 3:53:50 PM MDT
To: Calico <info(a~calicocattery.com>
Subject: RE: 1321 N Main St
Michelle,
A traffic impact study is not required for this development. Although, ACHD does not consider
this to be a change of use (specialty retail to specialty retail), you will need to submit plans for
review and assessment after you receive your approvals from the City of Meridian.
Please let me know if you have any questions.
Mindy Wallace
Planning Review Supervisor
Ada County Highway District
(208) 387-6178
"We drive quality transportation for all Ada County -- Anytime...Anywhere!"
-----Original Message-----
From: Calico [mailto:info@calicocattery.com]
Sent: Friday, Apri120, 2012 4:22 PM
To: Mindy Wallace
Subject: 1321 N Main St
Hi Mindy,
We are looking to lease 1321 N Main St in downtown Meridian. It has a retail occupancy now
and we are looking to use it as a cat boarding facility with about 15 cat suites. They will not go
out side and we may have 2 to 4 cars a day stopping at our cattery. We ate an existing business
and are moving from Fairview and locust Grove.
Please email back any questions or concerns.
Thank you
Michelle
Sent from my iPhone
E IDIAN*~
iaaHo
Meridian Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
PW 100 FORM
Date: 4/24/12
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: CALICO CATTERY TI
Address: 1321 N. Main St.
Zip Code: 83642
Note: Occupying building closest to Main St. on a parcel
addressed as 1323 N. Main St.
Parcel #: 86129020341
1) The address has been assigned based on available information.
This address should be considered temporary (Development
process has not been completed, so the address may change)
2) This address will be required to connect to municipal services.
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
(~~E IDIZ IAN;
~J
Customer Receipt
City of Meridian, Planning Department
33 E. Broadway Ave. Suite 210
Meridian, ID 83642
PH: 884-5533 /FAX: 888-6854
Project Name Calico Cattery
Application Number CZCV-12-008
Applicant Michelle Johnson
Applicant Address 11429 Hiawatha Drive, Boise, ID 83702
Project Address 1321 N Main St
Meridian, ID 83642
Subdivision Nourses F A Add 03Rd Amd
Professional
Address: Phone:
FAX:
Fees and Receipts:
Number Description
16617 CZC Verification
Amount
$53.00
Total Fees: $53.00
1334 Check Number: 1169 (04/24/2012) $53.00
Total Receipts: $53.00
Balance Due:
$0.00