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2012-07-03
~~i1~C E IDIAN~-- IDAf-1 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 03, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Arthurs Clemens with MGT 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of June 12, 2012 City Council Workshop Meeting B. Approve Minutes of June 19, 2012 City Council Regular Meeting C. Professional Services Agreement with Dr. Ian Butler-Hall for Medical Director Services D. Water & Sewer Easements for Touchmark E. Approval of a Sanitary Sewer and Recycled Water Main Easement with Rod and Tami Shaul for the Pine Connector Sewer Trunkline F. Approval of Award of Bid for "Smoke Alarms" to Asset Lighting and Authorize the Purchasing Manager to issue a purchase order for the Not-To-Exceed amount of $37,706.00 6. Items Moved From Consent Agenda Meridian Cily Council Meeting Agenda -Tuesday, July 03, 2012 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Action Items A. Public Hearing: MDA 12-003 Hollybrook by Kevin Howell Construction Located at West Side of N. Arrowwood Way; North of E. Ustick Road Request: Amend the Recorded Development Agreement (Instrument #105195857) for the Purpose of Modifying the Concept Plan and Building Elevations Approved with the Hollybrook Subdivision Approved with Conditions B. MFP 12-001 Hollybrook by Kevin Howell Construction Located West Side of N. Arrowwood Way; North of E. Ustick Road Request: Final Plat Modification to Revise Note #11 to Remove the Requirement for Common Driveways on Lot 4 and Lots 9- 13, Block 4 AND Reduce the Length of Common Driveways Easement on Lots 5-8, Block 4 from 56 Feet to 38 Feet Approved with Conditions C. Amended onto the agenda: Executive Session Per Idaho State Code 67-2345 (1)(d): To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code 8. Department Reports A. Legal Department Report: Special Events Code Updates 9. Ordinances A. Ordinance No. 12-1519: Amendments to Meridian City Code Provisions Regarding Temporary Use Permits for Special Events Approved 10. Future Meeting Topics None Adjourned at 8:13 p.m. Meridian City Council Meeting Agenda -Tuesday, July 03, 2012 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 46 hours prior to the public meeting. Meridian City Council July 3, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 3, 2012, by President Brad Hoaglun. Members Present: David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Kyle Radek, James Leslie, Parry Palmer and Dean Willis. Item 1: Roll-call Attendance: Roil call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Hoaglun: Well, let me call this meeting to order. ft is Tuesday, July 3rd. It's 7:00 o'clock and you are at the Meridian City Council meeting, so if you weren't needing to be here, you're in the wrong place. But if you mean to be here, you're here on time in the right place. We are going to start this evening's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance Hoaglun: Our next item on the agenda is the Pledge of Allegiance. Would you all rise and join me in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Arthur Clemens with MGT Hoaglun: We will now be led in our community invocation by Arthur Clemens of MGT Legacy Church and as he's coming up I'd ask everyone in the audience to join us in the invocation or take this as a moment of personal reflection. Mr. Clemens, great to have you here tonight. Thank you. Clemens: Heavenly Father, we thank you for -- first of all for this great country in which we live. We are one of the greatest countries in the world as far as I'm concerned. Thank you, Lord, for these councilmen and the different -- the staff of the City of Meridian. We pray, Lord, that you would bless them, provide for their needs and, Lord, we pray especially tonight for these people that have to make decisions. It doesn't matter if they are difficult, you will give them the wisdom and the courage to make the right decision. Bless this meeting we pray in Jesus' name, amen. Meridian City Council July 3, 2012 Page 2 of 20 Hoaglun: Thank you, Mr. Clemens. Was this your first time doing this time? I don't recall you having done this here before. Clemens: Yes. First time. Hoaglun: Well, we will give you a City of Meridian pin. Come on up. As a small token of our appreciation. Clemens: Thank you. item 4: Adoption of the Agenda Hoaglun: Next item on the agenda is the adoption of the agenda. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: With the following changes to the agenda, we wish to add a 7--C, which would be an Executive Session per Idaho State Code 67-2345(1)(d) and Item 9 the ordinance number proposed is 12-1519. And with that I move adoption of the agenda. Zaremba: Second. Hoaglun: We have a motion and a second to adopt the agenda as amended. All those in favor say aye. Any opposed? Agenda is adopted as amended. ALL AYES. MOTION CARRIED. Item 5: Consent Agenda A. Approve Minutes of June 12, 2012 City Council Workshop Meeting B. Approve Minu#es of June 19, 2012 City Council Regular Meeting C. Professional Services Agreement with Dr. lan Butler-Hall for Medical Director Services D. Water & Sewer Easements for Touchmark E. Approval of a Sanitary Sewer and Recycled Water Main Easement with Rod and Tami Shaul for the Pine Connector Sewer Trunkline Meridian City Council July 3, 2012 Page 3 of 20 F. Approval of Award of Bid for "Smoke Alarms" to Asset Lighting and Authorize the Purchasing Manager to issue a purchase order for the Not-To-Exceed amount of $37,706.00 Hoaglun: Item 5, Consent Agenda. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move that we approve the Consent Agenda as published and the President to sign and the Clerk to attest. Rountree: Second. Hoaglun: It's been moved and seconded to approve the Consent Agenda. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda Hoaglun: Item 6. There were not any items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: MDA 12-003 Hollybrook by Kevin Howell Construction Located at West Side of N. Arrowwood Way; North of E. Ustick Road Request: Amend the Recorded Development Agreement (Instrument #105195857) for the Purpose of Modifying the Concept Plan and Building Elevations Approved with the Hollybrook Subdivision B. MFP 12-001 Hollybrook by Kevin Howell Construction Located West Side of N. Arrowwood Way; North of E. Ustick Road Request: Final Plat Modification to Revise Note #11 to Remove the Requirement for Common Driveways on Lot 4 and Lots 9- 13, Block 4 AND Reduce the Length of Common Driveways Easement on Lots 5-$, Block 4 from 56 Feet to 38 Feet Meridian City Council Jufy 3, 2012 Page 4 of 20 Hoaglun: Moving to 7-A. We have both a public hearing and, then, a modified final plat related to 7-A, but let me go ahead open the public hearing on MDA 12-003 and we will start with planning staff. And, Bill, is that going to be you? Parsons: Yes, sir. Hoaglun: All right. Parson: Thank you, Mr. President, Members of the Council. The application before you tonight, again, is a development agreement modification and a final plat modification for the Hollybrook Subdivision. The site is located on the west side of North Arrowwood Way, just north of East Ustick Road, and was zoned -- it's currently zoned R-8. In 2005 the city approved a subdivision and a planned developmenf for this property. The lots that I have highlighted before you this evening were allowed to have reduced lot frontages, setbacks, and lot sizes as well under the planned development. Also two homes are constructed on that -- on two of the cots currently. I would point out to you as part of that approval there was a development agreement and in that agreement there was a requirement for the applicant to comply with certain building elevations and a specific concept plan. Given the fact that the length of that block length, Council was concerned with how those lots would develop and what mechanisms would be put in place to control the development of those homes on that lot. So, the applicant came before you, showed you this concept plan. As you can see on my exhibit I have noted that the concept plan was approved with no parking pads. So, basically, you have two side loaded homes fronting each other, but no parking pads, so it makes it very difficult for homes to maneuver. The applicant -- the new applicant that`s presenting this -- or is here tonight to talk about the application, submitted this photograph to staff to show how the two existing homes that are currently constructed on Lot 2 and Lot 3 do not work. So, basically, you have two garages fronting each other and as soon as one neighbor parks in the common driveway there is no other way for the adjacent neighbors to enter or exit the garage. So, here is what the applicant has proposed before you this evening with a revised concept and, of course, revised building elevations. In the exhibit above the proposed elevations l have kind of drawn in where the existing curb cuts exist for the shared driveway approved with the final plat and, then, show you how those lots would front on that chicane. Right now, if I can go back to the aerial as well, I wanted to point out to Council that this is actually -- the road itself kind of widens and, then, narrows to about a 20 foot wide cart way through there to try to slow down the traffic through this block length. I did go out to the site on Friday and measure out this site and the block length is over a thousand feet, so this definitely is a warrant for some kind of traffic calming there and I think ACRD supported that back in the day as well. So, getting back to the concept plan here, staff is in favor of basically doing individual lots -- or individual driveways for these lots. The only issue before you is really how do we make the four lots that front on the chicane work. On this concept plan you can see the applicant proposing that two of the lots still continue to share a driveway and two of the outer lots that front on the chicane -- a portion of their driveways will be constructed on Lot 9 and Lot 4 and kind of invade those lots to serve as a driveway for those homes. !'d also point out to Council fihat those four homes that front an the chicane don't have Meridian City Council July 3, 2012 Page 5 of 20 the required 20 foot parking pads either. So, we really do have a real situation that we have created out there. So, here are the options that i want to present to you tonight. Option one is really to consolidate Lots 5 and 6 and 7 and 9 and create two parcels and that would allow the applicant to use the existing easement as platted and to have two homes rather than four homes front on the chicane and take access from the existing common driveway. One of the other options is, basically, just remove the chicane altogether. 1 have consulted with ACRD on that process. They do seem receptive to allowing the chicane to be removed, but they did iterate in their e-mail to me today that they would prefer some other traffic calming measures be put in place if that was pulled out. They suggested speed bumps. I know the fire department may have some concerns with that. So, I will direct that to Parry when the time there is. I did want to point out to the Council that we did receive some letters of opposition on the project. There is approximately four property owners adjacent to this site in the Sundance Subdivision. Three of the neighbors are asking Council to restrict the height of the homes to single start' Names. I'd also let Council know that during my site visit on Wednesday the majority of the homes that back to these lots are two story homes constructed in Sundance. The elevations that were presented to you during hearing in 2005 were represented as two story homes. Also one of the neighbors submitted a DVD. She went out there and took a video of how the chicane works for you and some of the parking issues that she sees happening, if this is to continue as it's approved today under the development agreement. Would like to play that into the record for you so you can see haw things operate on the ground and in the field. I also wanted to let you know that we did receive some testimony in favor from the HOA for the Hollybrook Subdivision. They support the applicant's proposed change here that you see before you this evening and, again, as 1 mentioned, ACRD does support the removal of the chicane. So, with that I just wanted to at least open up that DVD and, then, I will close for any -- pause for any questions you may have and ask the applicant to come up. (Video played.) Parson: So, I guess in closing, Council, I would just like to make a remark that staff is very supportive of individual driveways for the fact that it would actually relieve some of the parking issues that you saw with the two homes that are constructed. Staff also supports the elevations that the applicant has before you this evening. The only thing that staff isn't supportive of is this concept plan and how it shows the four homes fronting on the chicane and that's why we put those options before you this evening to ask you for your guidance on how the applicant should proceed. So, with that I'd stand for any questions you may have. Hoaglun: Thank you, Bill. Council, any questions for staff? Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Meridian City Council July 3, 2012 Page 6 of 20 Zaremba: And, Bill, somehow I'm not locating in my mind what we are doing, If I'm correct, we are talking about the two existing homes having to move their garage? Where am I? I'm wrong here somewhere. Parsons: Sorry. Let me digress a little bit. Council President, Councilman Zaremba, the two lots --the two homes are constructed on Lots 2 and 3 currently. Zaremba: Okay. Parsons: The applicant this evening owns the remaining ten lots and those are -- so, this would be Lot 4 through 13. Two and three are just north of this lot here. So, as you are aware, we can't do anything about that. That situation exists and there is homeowners in there. Zaremba: But the objective is not to repeat that. Parsons: That is correct. Zaremba: Okay, Parsons: And that's why they are here this evening trying to come up with a solution so we don't repeat that over again. Zaremba: I think I'm oriented. Thank you. Hoaglun: Any further questions? !f not, we will open up the public hearing for comment and, Jaycee, did we have anybody signed up? Holman: Councilman Hoaglun, normally we let the applicant come up first. Hoaglun: Oh, that's right. Thank you. Holman: And f will ga grab the sign-in sheet. Hoaglun: I forget that. So, is someone -- a representative of the applicant here today? You get to start. And you also get to close. She will probably remind me to do that, too. forget about that one. State your name and address for the record. Marcum: I`m Derk Marcum. I five at '14364 East Highway 21 in Boise. Councilman, everybody. Yeah, what it is is this -- this property now, the way they had it situated out there after we went and looked at it, there is no off-site parking, so all the delivery trucks and everybody parks in the street. The people can't access their own garages, if there is a car in their driveway. So, we were trying to come up with a solution that would make it so there is off-site parking and which with the straight front load garages that gives you total off-site parking for two or three cars. The lot constriction size requires, then, two story houses on mast of them, because now with the -- the way they want to Meridian City Council July 3, 2092 Page 7 of 2D do it now there is going to be 20 foot setbacks from the back of the sidewalk to the garage. So, that means that there is a 25 foot setback in the front. So, that constricts the size, makes plenty of room and that's what the building department asked for, because the ofd rules were a little different with the way it was approved before. They had smaller backyards and they could encroach in the front yard a little bit. So, the -- and, then, the straight-in access to all these, the typical conventional style -- and on a -- you know, all the streets in Boise, Meridian, Nampa, Caldwe-I, are straight and everybody backs and drives in and out of the streets, which that slows the traffic down by itself. You know, you don't drive as fast. The only reason the people are speeding through there and driving fast is they are -- it's a straight road with no -- nobody an it. Nothing on it. And so as soon as you put houses on it or any access to the road, it automatically slows people down. So, in the -- I guess that's all the -- and it is a subdivision that's already approved the way it is, but it's not really going to work right, so that's why we are just trying to adjust it and put affordable homes in there that work far everybody. Hoaglun: Sa, you're not in favor of moving the chicane, just leaving it as is and just modifying the -- putting the front garage -- Marcum: Yeah. This is the proposal we came up to that isn't going to cause any heartache to ACHD or anybody. It just works with what's there. Hoaglun: Okay. Marcum: Sa, that's the reason we designed this design. Hoaglun: Okay. Questions from Council? Bird: I have none, Marcum: Thank you. Hoaglun: Not right now. All right. We don't have anybody signed up to testify, but is there anybody in the audience who wishes to testify on this issue? Yes, sir. State your name and address for the record, please. Howell: Kevin Howell. 4822 North Rosepoint Way, Boise. Members of the Council, we really don't want to lose two lots. By joining them together I don't think it really does a lot for it. Plus it just would be hard to sell something that has two lot values in it, compared to what's next door to it. As far as the chicane, I mean I wouldn't be so opposed to removing it. I wouldn't really like to bear the brunt of the cost myself, because what that would do is if the chicane was gone, then, obviously, we could just straighten those driveways out. 1 think that what we are looking at right here doesn't really show a 20-by-2Q pad is the way the architect drew it up in a hurry in the last couple days just to get this in. But that really isn't too hard to get two car parking and meet the code as far as those lots in front the chicane. But other than that I just think if Meridian City Council July 3, 2012 Page 8 of 20 we can keep the ten lots and work with the driveways a little bit. We can't really move the driveways anymore, because of -- especially in the chicane as the utilities are already there and it's hard to relocate. I think that's all I have to say. Hoaglun: Okay. Thank you, Mr. Howell. See if Council has any questions. Councilman Rountree. Rountree: Yeah. You spoke that it would be hard to relocate those driveways and the chicane because of the utilities. What utilities are you talking about? Howell: Power. Telephone. Water. The typical utilities that are on the property line. They are offset a bit because of that original ten foot easement and, basically, the curb cuts in that chicane are, oh, I don't know, 18 to 20 feet wide. And, then, just on the other side of that is all the utilities. Hoaglun: Any further questions? Okay. Thank you, Mr. Howell. Howell: Thank you. Hoaglun: Anybody else in the audience who wishes to testify? Because I think, Council, you had handed out to you earlier informafiion from -- I had it here. Read it. From ACHD regarding Arrowwood Way and their concern that if it was to be removed, be replaced by another form of traffic calming device approved by ACRD and, of course, they don't want to pay for it either, so -- if that was to be removed, so -- Parry, did you have any comments that you wanted to discuss from the fire department's perspective? Palmer: Only if -- it would be our preference not to have the chicanes, just far the maneuverability of larger vehicles, such as the fire trucks in competition and we saw a delivery van, some larger pickups, that conflicting traffic in a chicane makes it very very tight. So, our preference would be -- and we have worked with the ACRD in the past for designing traffic calming devices that are conducive to fire trucks, but not pedestrian vehicles. Hoaglun: Thank you. Come on up, sir. Go ahead, state your name and address for the record. Bird: Richard Saul. 652 East Santiago and !live in Hollybrook. (didn't know what the plans were, but I'm familiar with that chicane. It's -- it's not a real good design piece of street as the fire chief notes. I think that two lots in the middle of the chicane are really bad, because that's a critical part where you go around. The two lots on the end of the chicane would feasibly work for that -- putting a house on I think. This is my personal opinion, But seeing the plans tonight I didn't know what was going to be entailed. But possibly the two lots in the middle could be a common area. Has anybody thought of that? I know the lots are useless the way they are, to tell you the truth. That common driveway wasn't a good idea. So, I thought maybe the HOA would work with the -- may Meridian City Council July 3, 2012 Page 9 of 20 have the two tots in the middle a common area of some sort, because the subdivision doesn't have any common areas so to speak. So, I'm not against building the homes, because our HOA needs the revenues, because those lots are -- have been idle for a long time. So, I sure wish we could move the chicane. That's my feeling. And make it straight. Thank you. Hoaglun: Great. Thank you. Let me check to see if anybody has any questions for you. Okay. Thank you, sir. Rountree: Mr. President? Hoaglun: Commissioner Hoaglun. Rountree: Question for BiII. What's the objection of coming off the crown, if you will, of the chicane, as opposed to the valleys that you show in your illustration? Other than replacing the utilities? Parsons: Councilman Rountree, are you referring to the interior driveway or the outside here? Rountree: In both cases. Relocating the driveways to the interior of the two lots on either side right there. Parsons: Councilman Rountree, there is really no objection to that. The applicant would still have to go through ACHD for that curb cut and take out that landscaping. They could plat another easement aver top of that. We are just going off of what they submitted and the two viable options that I presented were just a couple ideas that I had off the top of my head. But they could always -- I don't know if ACRD would entertain them just cutting into the chicane, the landscaping, and just having that driveway back out into that. Again, it`s that shape design that kind of makes it difficult and that narrow street section there for poor maneuvering. i guess my question for you is is it your intent to have a common driveway to share that still or stilC have individual curb cuts? Rountree: .tust have individual curb cuts. You'd have more parking. You would have a little more wiggle room in terms of moving the frontage of those homes a little closer to the -- to the back of sidewalk. Obviously, you might have to relocate the utilities and the chicane is going to be a problem as long as it stays there, and, then, willingness on the part of the owner to get involved with the burden of having to relocate that and that's a condition that we have received from the ACRD that if it is to be removed that's going to be -- the cost is going to be borne by the developer. So, I`m just trying to look at the -- to me that's a better solution in terms of site and the conditions you have got out there. I think it works better. As opposed to eliminating a lot or two. Hoaglun: Councilman Rountree, just to make sure I understand what you're asking there of Bill was having those come out straight? Meridian City Council July 3, 2012 Page 10 of 20 Rountree: Uh-huh. Hoaglun: And Lots 6 and 7, the two interior ones, they would also come out straight, you weren't proposing that they -- you would flip the plans and have them come out in to - Rountree: Yau could swap the plans and the driveways come out straight on all four lots. Hoaglun: Okay. All right. We will have the -- one second. One second. I want to make sure if there is anybody else that had any other comments, because, then, we will have you come up and we will get to that matter, so 1 think -- I think we don't have anybody else to testify -- Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: This isn't really a question or even a comment, it was just kind of a musing, but can you put the aerial view back on this? And when was it, eight or nine years ago when this came before the Planning and Zoning Commission where I was at the time, I remember struggling with this and we haven't come up with a better answer since. The issue is that the piece of property available isn't really wide enough for homes and a street. it wouldn't be wide enough for homes and a street. It would be wide enough for one or the other and the only way to do it is to have that long stretch of street -- and the struggle at the time was to figure out, okay, what kind of traffic calming could go there and we struggled with speed bumps, we struggled with an island -- a landscape island in the middle of it and how you would bulb out around that. We struggled with various ways of bulbing out the curb. The chicane is not a perfect solution, but it was the final end result and it was a kind of a let's try this, as opposed to any of the other options and it`s still a difficult piece of property to develop and I definitely feel far the owners and the developers. It hasn't gotten any easier to deal with in the eight or nine years that this has been going on. And I don't really know what the answer is, but Ijust -- I wanted to comment that the chicane was not the only thing considered at the time it was decided that it was the best solution and that even as ACRD continues to say today there still needs to be some kind of traffic calming there. If the chicane is removed something else has to be put there. I guess that's just history, it's not really a direction. Hoaglun: Okay. Thank you, Councilman Zaremba. Derk, did you want to come up and -- Marcum: He says 1 can use the pointer here, so I will try to -- Hoaglun: Yeah. He will -- Kyle will come up and we will help you with this and -- Meridian City Council July 3, 2012 Page 11 of 20 Marcum: Okay. So, after I heard his idea there, all these other hauses, you guys, are flipped over to miss the utilities. That's what we already did to the plan an all the other houses. Is that working? Hoaglun: No, not working. Zaremba: 1t`s working. Marcum: Because the utilities were on this side and we flip them over and the driveway is coming on the opposite sides, because that's what we had to do. Rountree: That's fine. Marcum: Sa, the chicane idea would be flipping like them over and coming out with the driveway and all's we do -- because the sidewalk, you just go over anyway that's way back there on the property, we just have a curb cut here that would come out. So, that would be.very doable, because it's a curb cut through landscaping. So, I'm telling you the utilities wouldn't be in the way -- that's avery -- huge driveways, because there would be -- you know, there are still behind -- straight driveways behind the curb. Rountree: Can you can do that on all four lots? Marcum: We could do that on all four of them. Rountree: Okay. Marcum: After I thought of that it's just a little curb cut and a little single curb out there with ACRD. It's weird -- I haven't looked at the chicane across the street, how they all work out on that situation. Hoaglun: Bill, could we go back to that overhead? Because that was a question I had was if they match, then, you're going to have the same distances, because the width of the road doesn't change, so -- Marcum: Right. Parsons: What I can do is pull up that DVD again and maybe pause it on the chicane, so you can see kind of a street view of what's happening there. Hoaglun: So, the four tots we are talking about, Derk, are coming up on -- they are on the left right through here? Bird: Yeah. Right there. Marcum: So, see, there is where the driveway -- well, 1 guess we are not -- my pointer isn't going there. See, like there is where the kind of plans -- see how that utility there, Meridian City Council July 3, 2012 Page 12 of 20 then, you would move the driveway to the opposite side. Is this working, you guys, or not? Hoaglun: No. Since this is a movie it won't work on this one, so -- but we understand, so -- Marcum: Okay. See where the driveway is here and the utilities are on the side? We would be moving it over in there just a little. Hoaglun: Okay, f think we picked that up on the microphone. Okay. Thank you. Any other questions from Council of the applicant or staff on this issue? Friedman: Mr. President, Members of the Council, I think if that's the direction Council wants to go, we either -- if you want to act on this tonight we can draft a condition to do so, but 1 think what we really need to da is bring ACRD into the conversation and possibly bring Mr. Howell's architect into the conversation also to make sure that we can make this all work in terms of getting those driveways in there, allowing it to function in that chicane and, then, making sure that we have the 2Q foot parking pad that is missing on those two lots, which was the basis of the recommendation in the first place. So, it's up to you if it's your pleasure to act on this tonight and make that conditional or bring it back in two weeks after we have had a chance to talk to ACRD and their designers. Hoaglun: Councilman Zaremba? Zaremba: Mr. President, I would just comment that I support the idea. I think Councilman Rountree had a very good idea and I would Pike to see it explored, but that would be the question, do we want to put a condition an it tonight or do we want to see it again two weeks from now. I might Eike to let ACHD weigh in in the meantime and have it came back two weeks from now. Hoaglun: Okay. Would you like to hear what the applicant has to say about that? Zaremba: Yes. Hoaglun: Okay. Mr. Howell. Howell: Would it be possible to turn us loose on the other ones while we worked on those four, in the essence of time. I don't think we have a problem with the chicane and stuff like that. I really think that the way you have gat -- flipping them with the driveways coming out worked pretty good. You know, I have developed, I don't know, subdivisions in Meridian and several thousand lots, so I'm pretty familiar with the situation and haw would have handled it to begin with and I'm really not that -- I don't think the chicane is that bad of a deal, compared to what the speed bumps are. I know that the people in Hollybrook -- I have talked to them, f have built a lot of homes in there and they are not really into this -- they don't like the speed bump idea. They are not real thrilled with the chicane either, but it does slaw people down, especially when there is people coming. Meridian City Council July 3, 2012 Page 13 of 20 Rountree: Sure. Howell: But if there is nobody there they are going to go straight through. But, you know, we have -- it would be nice if we can get in the planning stage on some of the other ones while we work on -- on those four, if possible. But we will be cooperative on whatever. Most of these suggestions are right in line. Think of the same thing, Hoaglun: Let me ask, Mr. Howell, of staff, Pete or Bilf, what -- is that -- that's doable? What does that do? Friedman: Mr. President, Members of the Council, I believe what you would have to do tonight would be, then, to approve these modifications with a condition that it's conditional on ACHD's approval for those specific lots. Then, we would come back next week with those findings, you could adapt those as part of your regular meeting next week. That at least gets them moving on some of these lots. If there is -- there is an element of risk for Mr. Howell that if it's not workable with ACRD, then, we may be back before you on those four lots. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Again, this is orienting me. Wouldn't Lots 4, 9, 14, 11, 12 and 13 -- aren't they staying the way they were already approved? We are really only changing five, six, seven and eight. I can see by head shaking that I didn't get that one right either, Friedman: Very polite head shaking, Council Member Zaremba. Again, in summary, what happened with the original approval is that you have a concept plan that shows the shared driveways and face-to-face garage situation, so -- Zaremba: For all sets of lots. Friedman: For all -- and the essence of the application tonight is to change that to those straight in driveways. Zaremba: Okay. Hoaglun: One further question then. If we were to go that route and yet to be determined, but what does that do to the modified final plat? Wauld we approve that tonight with those conditions and attach a modified DA to that or does that get put off as well? Friedman: You can do both tonight and if for some -- again, there is an element of risk. You could craft a condition that the lots that apparently have the straight-in driveways are approved and those four lots that they would be allowed to have the straight-in Meridian City Council July 3, 2012 Page 94 of 20 driveways to allow curb cuts into the chicane based upon ACRD approval. Now, we do have the ability, hopefully -- we still have Thursday, Friday, and Monday to talk to ACHD also and if for some reason that's not going to be workable, then, we don't bring the findings back to you next week, we bring them back when we come up with a workable solution. Hoaglun: But only the workable solution for the four lots that -- that are under -- we are trying to fix. Friedman: Mr. President, Council Members, I believe that it sort of all has to go together as vne approval, but maybe Mr. Nary can tell me I'm all wet, but, you know, again, it's conditional. You could approve the development agreement and the plat modification to allow lots -- they would have to give me the numbers, but to have a straight-in driveway and for the four lots, five, six, seven and eight, they would be allowed to have straight-in driveways, cut into the chicane with ACRD approval. If Council -- if that's the pleasure of the Council and you vote that way and we bring back findings next week and you adopt those findings, these are the conditions. The element of risk is if for some reason it doesn't work with ACHD on the chicane, then, we will be back. It at least gets them started on the other lots and we might have to come back for another modification. Hoaglun: And I think, Mr. Howell, that's afl you're asking is these four lots we got to figure that out still Let's go through the process, but try to at least move the others along, Is that -- Howell: Correct. I'd like to be able to get at least in the design process. if I know what the rules are going to be, then, we can work with those. You know, like on -- I'm sorry, forgot my glasses, but Lots 13, 12, 11 and 10, get in fihe design process, I'm not worried about the risk of exchange, because I know you guys were all on pretty much the same page and I have been doing this for a long long time. Many of you remember me. We have kind of been in a little bit of a lu(I lately and not been developing much, but I know we can work something out on that, because there is so many alternatives, You know, obviously, I hate to bear the brunt of the cost of taking that thing out, because I didn't put it in in the beginning. I wasn't the original developer. But, yeah, ('m -- we are willing to work with you on that. I trust you guys. I think we are on the same page. Hoaglun: Okay. Howell: Because 1 can always go back to the original development agreement and build it that way and -- if I had ta. I don't want to, but -- Hoaglun: I understand. Understand. Mr. Nary, did you have any thoughts to weigh in? Nary: Mr. President, Members of the Council, I mean I think Pete's right. We really can't separate this. I mean it is all one development agreement, so we really have to Meridian City Council July 3, 2012 Page 15 of 20 put them all together. But it sounds like we can make the language at least workable enough so that they can -- we can get a development modification back to you probably in about two weeks, depending on how fast, because you got to remember with the holiday tomorrow, our turnaround date fo put it on your agenda next week is Thursday and so if we get the findings approved next week our turnaround date is two days later to get it on your agenda. So, it doesn't move as quickly as you'd like to sometimes, so it might be a few weeks for Mr. Howell to have a development agreement modification to sign, but he can certainly get started on doing some of the things sooner than waiting an ACHD. Like Pete said, the risk is we have to come back for another modification. Howell: Yeah. And taking the time to do the design work. It takes time and helps me out if I can get going on it. Hoaglun: Pete? Friedman: Mr. President, Members of the Council, there is another twist on that. We could draft those conditions and the options he has understand that it's not the best option for him is he could still go ahead and do the straight-in driveways on those four lots and remove the chicane and either ACHD approves it with the curb cuts into the chicane or he takes the chicane out. And that allows you to move forward with the same design concept on those four lots. That's if ACHD does not allow an alternation of that chicane. Hoaglun: But from what I heard from Mr. Howell and Derk earlier was that leave the chicane, don't want to spend the money to remove it. Howell: Excuse me. I don't have a huge problem with the chicane, but, you know, depends on how it comes out, obviously, 1 mean I wouldn't want to have to pay for it all by myself, but I have been stuck doing that many many times. I know how that works, so -- I mean it would be easy to go I in there and do it, especially on somebody else`s money. But if there was anything shared in there or whatever, you know, it just adds to the cast of the lots and the homeowner pays for that. but, no, we are open. We are open to that. Either way. But -- Hoaglun: Okay. Howell: I like the idea of flipping them and having the driveways come out into the -- kind of the apex of the chicane, because this gives us little longer driveways and I don't -- I don't think we -- Rountree: More parking. Hoaglun: More parking. Howell: -- and the activity on the street, it slows people down somewhat and be more cautious anyway. It's not like they are going very fast, but -- Meridian City Council July 3, 2012 Page 16 of 20 Hoaglun: No. Howell: That's it for me. Hoaglun: Not Dick. I called you Dick earlier. Zaremba: Mr. President? Hoaglun: Derk. And I had that written down. Thanks, Mr. Howell. Councilman Zaremba. Zaremba: I would just comment. It seems to me from a traffic standpoint it shouldn't make that much difference whether the driveways are at the low point of the chicane or at a high point of the chicane, if they are at the high point on this side, they are at the low point of the other side of it, so it's six of one, half a dozen of the other and 1 think that's a good solution. Hoaglun: And the good thing is it provides parking and gets vehicles off the street. I mean that's critical for the access. So, Council, I guess no more testimony? Rountree: One more question, Mr. President. Hoaglun: Councilman Rountree. Rountree: I'm seeing everything -- these are proposed elevations for the DA mod as well. Okay. Mr. President, I move on Item 7-A that we approve the modification to the development agreement -- Hoaglun: Close the public hearing first. Rountree: Okay. Go ahead and do that. Yeah. I move to close this public hearing. Bird: Second. Hoaglun: There is a motion and a second to close the public hearing. All those in favor say aye. Any opposed? All ayes. Motion carries. MOTION CARRIED: ALL AYES. Hoaglun: Councilman Rountree. Rountree: Mr. President, I move that we approve the modification of the DA for the elevations proposed and that a conditional approval of the DA to allow for straight-in driveways off of the chicane in the chicane section of the North Arrowwood Way, based on ACHD's approval. Meridian City Council July 3, 2012 Page 17 of 20 Bird: Second. Hoaglun: We have a motion and a second to approve MDA 12-003 with conditions as stated. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Discussion on the motion. I don't remember that we commented on whether Lots 5 and 6 should be combined and seven and eight should be combined. I don't see the necessity to do that. Rountree: Individual Pots. Zaremba: Yeah. Hoaglun: Individual lots. Yes. Zaremba: Okay. If that's understood, I'm ready. Hoaglun: Okay. We have a motion to approve with conditions. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Hoaglun: 7-D. MFP 12-001. What's the desire to do on that one? Rountree: Mr. President, I move that we approve the modified final plat, subject to approval from ACRD on the driveway relocation in the chicane section on North Arrowwood. Bird: Second. Hoaglun: We have a motion and a second to approve MFP pending ACRD approval. Any further discussion? Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. Meridian City Council July 3, 2092 Page 18 of 26 MOTION CARRIED: ALL AYES. C. Amended onto the agenda: Executive Session Per Idaho State Code 67-2345 (1~{d): To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Hoaglun: Thank you for coming and commenting tonight. Appreciate it. Next item is 7-C that was added on. It's an Executive Session per Idaho State Code and we need a motion to enter into Executive Session. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d). Zaremba: Second. Hoaglun: We have a motion and a second to enter into Executive Session. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: Motion carries. We are adjourned into Executive Session. MOTION CARRIED: ALL AYES. (EXECUTIVE SESSION: 7:47 p.m. to 8:10 p.m.) Bird: Mr. President? Hoaglun: Yes, Councilman Bird. Bird: I move we come out of Executive Session. Rountree: Second. Hoaglun: Motion to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Legal Department Report: Special Events Code Updates Meridian City Council July 3, 2012 Page 19 of 20 Hoaglun: We are now at Item 8-A. Legal Department Report. Special Events Code update. Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. This is a very small update. We anticipate probably after this summer with some lessons learned from a variety of different activities in our parks we are going to be bringing back a more comprehensive change for special event ordinances, but there is just some dictum areas that are real important to stress right now. So, there is three changes to the ordinance that's being proposed. One is to require a minimum 30 days that the applicant has to fife their application for the event. The second is that if they are going to have security guards they have to be licensed security guards within the City of Meridian and, third, if they are going to be serving alcohol they have to have servers -- trained servers to be serving alcoholic beverages at the event. We think these three will just cover it through us through this summer of some of the more critical activities that we have, and, again, we have some discussion -- probably do it at a workshop in the fall when we bring back a more comprehensive change to our ordinance. Hoaglun: Okay. Thank you, Mr. Nary. Any questions? Bird: I have none. Item 9: Ordinances A. Ordinance No. 12-1519: Amendments to Meridian City Code Provisions Regarding Temporary Use Permits for Special Events Hoaglun: That was 8-A. So, we have now before us 9-A, Ordinance No. 12-159 -- 1519. Holman: President Hoaglun, would you like me to read it by title only? Hoaglun: Yes. If you would, Madam City Clerk. Holman: City of Meridian Ordinance No. 12-1519, an ordinance of the City of Meridian amending Meridian City Code, Section 3-4-3A6B relating to temporary use permits. Amending Meridian City Code Section 3-4-3C6 relating to standards for special events and providing an effective date. Hoaglun: Thank you. You have heard the ordinance read by title only. Is there anyone who wishes to have the ordinance read in full? Seeing no one, Council? Bird: Mr. President? Hoaglun: Councilman Bird. Meridian City Council July 3, 2012 Page 20 of 20 Bird: I move we approve Ordinance No. 12-1519 with suspension of rules. Rountree: Second. Hoaglun: Motion and second to approve Ordinance 12-1519. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. It passes. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics Hoaglun: Item 10, Future Meeting Topics. Council, anything you wish to bring forth for future discussion? Bird: I have nothing. Hoaglun: Maybe not. Is there a motion to adjourn? Rountree: So moved, Bird: Second. Hoaglun: All those in favor say aye. Opposed? MOTION CARRIED: ALL AYES. Hoaglun: We are adjourned. Thank you. MEETING ADJOURNED AT 8:13 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) / 2.~ / Z ~ (20. PRES. BRAD HOAGLUN DATE APPROVED ATTEST: Go 4o~PC~p nU~v ¢ f B ^ City of JAYCEE I-i'~LMAN, CITY CLERK l./Yl ~~ p~IDpN0 °, S~, nR ~ y~~80~~de'IRF ~SU~ Changes to Agenda: Item #7A & B: Hollybrook Subdivision (MDA-12.003 and MFP-12.001) Application(s): - Development Agreement Modification and Final Plat Modification Existing zoning and location: The site is zoned R-8 and is located on the west side of N. Arrowwood Way, north of E. Ustick Road. Summary of Request: The property received approval for a planned development in 2005. Under that approval, Lots 2-13, Block 4 were allowed reduced frontages, lot sizes and setbacks. Because of the depth of the lots (79 feet), building footprints depicted side entry garages without parking pads and the approvals require compliance with a specific lay-out with defined common driveways. Two homes are constructed on lot 2 and lot 3. Due to the lack of a parking pad, the home owners are unable to maneuver the vehicles into the garages causing vehicles parked on the common driveway to obstruct adjacent neighbor's access to their garage. A topic of discussion during the hearing was the length of this block. In conjunction with ACHD, the City approved a chicane (traffic calming measure) and restricted these lots to the use of shared driveways. Due to these restrictions, the applicant has indicated that it has been very difficult to design homes to comply with the requirements of the approved lay-out as conditioned. As part of the application, the applicant is proposing several new elevations and a new concept plan. The new elevations are additional renderings to complement the approved ones. The proposed concept plan depicts eight (8) lots with individual driveways and two lots share a common driveway. Lots 5-8 are impacted by the presence of the chicane. Lots 6 and 7 depict a modified common driveway easement and lots 5 and 8 will be served by individual driveways with a portion of the driveways being constructed on lots 4 and 9. The aforementioned lots lack the parking pad required by the UDC. Staff is supportive of the new elevations but is not supportive of the building footprints fronting the chicane. Staff recommends a revised site plan to consolidate lots 5 and 6 and lots 7 and lot 8 and use the existing common driveway easement between lots 6 and 7 or remove the chicane and provide individual driveways for all ten lots. The applicant does not want to reduce the number of lots or remove the chicane. Written Testimony: Opposition -Staff has received written testimony from four (4) adjacent property owners in opposition of the application. Three of the property owners in the Sundance Subdivision abutting the site have requested Council restrict the homes to single story. A fourth owner has submitted a DVD and written testimony expressing safety concerns with the design of the chicane and lack of parking on the lots and has requested Council require the applicant consolidate 10 lots to 5 lots to reduce the number of homes that front on the Arrowwood Way. In favor- The Hollybrook HOA has submitted written testimony in favor of the applicant's proposed changes. ACHD -Supports the removal of the chicane but at the expense of the developer. Staff Recommendation: Approval Outstanding Issue(s) for City Council: Approval of the concept plan as represented would create deficient parking on four of the lots. Notes: Meridian City Council Meeting DATE: July 3, 2012 ITEM NUMBER: 5/~ PROJECT NUMBER: Irene rlrl_e: Approve Minutes of June 12, 2012 City Council Workshop Meeting ~,~.e~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 3, 2012 ITEM NUMBER: 5B PROJECT NUMBER: Irelw TITLE: Approve Minutes of June 19, 2012 City Council Meeting Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 3, 2012 ITEM NUMBER: 5C PROJECT NUMBER: Item TITLE: Professional Services Agreement with Dr. Ian Butler-Hall for Medical Director Services `~Y "~' ~~ Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR MEDICAL DIRECTOR SERVICES This PROFESSIONAL SERVICES AGREEMENT FOR MEDICAL DIRECTOR SERVICES is made this ~ day of April, 2012 ("Effective Date"), by and between the City of Meridian and Dr. Ian Dr. Butler-Hall. WHEREAS, City is authorized by Idaho Code §§ 50-301, 50-304, and 50-309 to prevent and extinguish fires, to acquire all necessary apparatus to maintain a fire deparhnent, to provide emergency medical services, and to contract for services described in this Agreement; WHEREAS, Meridian Rural Fire District has entered into an agreement with City under which the City of Meridian Fire Deparirnent provides these services within the District's jurisdiction; WHEREAS, in accordance with the Rules of the Idaho Emergency Medical Services Physical Commission, IDAPA 16, Title 2, Chapter 2, the City has developed and implemented a satisfactory Medical Supervision Plan providing for, inter alia, off-line retrospective review and direction and on-duty and on-call medical controls, protocol development, and standing written orders, under the direction of a physician Medical Director; and WHEREAS, Dr. Butler-Hall is a physician who is qualified and willing to serve as City's Medical Director subject to considerations, terms and conditions herein provided for;, NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the Parties agee as follows: L DEFINITIONS. For the purpose of this Agreement, the following terms and phases shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: A. Agreement: means and refers to this Agreement for Medical Director Services. B. Board: The Idaho State Board of Medicine. C. Dr. Butler-Hall: Dr. Ian Dr. Butler-Hall, M.D., an individual person whose address is 2005 Scyene Way, Boise, Idaho. D. Chief: The duly appointed Chief of the Meridian Fire Deparhnent. E. City: means and refers to the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho. F. EMS Chief: the Emergency Medical Services Division Chief, or the equivalent administrative officer, employed by the City of Meridian and appointed by the Fire Chief to perform the Duties of EMS Division Chief in an interim period. The EMS Chief shall PROFESSIONAL SERVICES AGREEMENT FOR MEDICAL DIRECTOR SERV ICES PAGE 1 OF 6 be authorized to act as the Fire Chief's designee in all matters related to provision of Emergency Medical Services, cooperation with mutual aid agencies and strategic partners, and medical supervision as outlined in this agreement. G. EMSPC: The Emergency Medical Services Physician Commission. H. Emergency Medical Services: The services utilized in responding to a perceived individual need for immediate care in order to prevent loss of live or aggravation of physiological or psychological illness or injury. I. Fire Department: The Fire Department of City. J. Fire District: The Meridian Rural Fire Protection District. K. Medical Supervision Plan: The current Medical Supervision Plan which governs the provision of Emergency Medical Services by the Fire Department, as outlined in the administrative rules of the State of Idaho Department of Health and Welfare Emergency Medical Services Bureau, IDAPA 16.02.02. L. Medical Director: A Physician who performs the services of the Medical Director for the City in the implementation of the Medical Supervision Plan. M. Parties: Refers collectively to the City and Dr. Butler-Hall. N. Physician: A person who is currently licensed by the Idaho State Board of Medicine to practice medicine in the State of Idaho. O. QA/QI: Quality assessment and improvement. II. SERVICES TO BE PERFORMED. A. Appointment as Medical Director for the City of Meridian Fire Department. Dr. Butler-Hall is appointed as the Medical Director and shall perform those services required of the Medical Director by the Medical Supervision Plan. Dr. Butler-Hall's provision of services under this provision and by the Medical Supervision Plan shall be provided in Dr. Butler-Hall's sole discretion and control, but shall be undertaken in coordination with the EMS Chief. B. Appointment as Medical Director for the Meridian Rural Fire Protection District. Dr. Butler-Hall is hereby appointed as, and shall serve as the Medical Director for the Meridian Rural Fire Protection District, to which the City of Meridian Fire Department provides emergency medical services, and Dr. Butler-Hall shall perform those services required of the Medical Director therefor under the Medical Supervision Plan. Dr. Butler-Hall's provision of services under this provision and by the Medical Supervision Plan shall be provided in Dr. Butler-Hall's sole discretion and control, but shall be undertaken in coordination with the EMS Chief. PROFESSIONAL SERVICES AGREEMENT FOR MEDICAL DIRECTOR SERVICES PAGE 2 OF 6 C. Medical Supervision Plan. Dr. Butler-Hall shall be consulted by the EMS-Chief whenever the City reviews and/or amends the Medical Supervision Plan. Dr. Butler-Hall shall review and communicate any comments and concerns to the EMS-Chief. D. Minimum availability. Dr. Butler-Hall agrees to dedicate to City a minimum availability of eight (8) hours monthly, including attending a meeting on the first Tuesday of each month to provide training and to review QA/QI. III. COMPENSATION. A. Amount. Dr. Butler-Hall shall be paid by the City the sum of fifteen thousand dollars ($15,000) per year, which shall be payable in equal monthly installments. In the event either party seeks to amend this section in subsequent iterations of this Agreement, it shall give the other party notice on or before the April ]prior to the fiscal year of the City which commences October 1 of each calendar year. B. Method of payment. At the end of each month, Dr. Butler-Hall shall invoice the City of Meridian Finance Department directly for all amounts due and owing under this Agreement. City shall pay all invoices within thirty (30) days of receipt. C. Expenses. In addition to monthly payment as described herein, the City shall pay or ;' reimburse expenses paid or incurred by Dr. Butler-Hall which are directly and specially ' incurred by Dr. Butler-Hall in his performance of this Agreement and which are pre- . approved by the Fire Chief. Any such expenditures shall comply in all respects with City policies, including, without limitation, such policies pertaining to travel, purchasing, or procurement. IV. GENERAL PROVISIONS. A. Time of performance. This agreement shall become effective on the Effective Date, and shall expire on September 30, 2012 unless earlier tenninated or extended. B. Indemnification. Dr. Butler-Hall shall indemnify and hold the City harmless from and against any loss or risk of liability to third parties, including costs and reasonable attorney fees arising out of and limited to claims based upon the Party's actions as it relates to this Agreement. The City shall hold Dr. Butler-Hall harmless from and against any loss or risk of liability to third parties, including costs and reasonable attorney fees arising out of and limited to claims based upon the Party's actions as it relates to this Agreement. C. Insurance. Dr. Butler-Hall shall maintain at all times during the teen of this Agreement professional liability insurance with an insurance company authorized to provide said insurance in Idaho for loss as a result of any injury, death, or property damage, or other loss in an amount of not less than $1,000,000.00 per occurrence or accident. Further, Dr. Butler-Hall shall maintain at all times during the teen of this Agreement workers' PROFESSIONAL SERVICES AGREEMENT FOR MEDICAL DIRECTOR SERVICES PAGE 3 OF 6 compensation in the amount required by law. Dr. Butler-Hall shall provide the City proof of said coverages upon request. D. Independent contractor. In all matters pertaining to this agreement, Dr. Butler-Hall shall be acting as an independent contractor, and neither Dr. Butler-Hall nor any officer, employee or agent of Dr. Butler-Hall will be deemed an employee of City. The selection and credentialing of the personnel of the City in the performance of this agreement shall be made by the City in its sole discretion, with guidance from Dr. Butler-Hall, and as outlined in the current Medical Supervision Plan per IDAPA 16.02.02. E. Qualifications. Dr. Butler-Hall shall maintain at all times throughout the term of this Agreement a license to practice medicine in Idaho and a valid controlled substance registration certificate issued by the United States Department of Justice Drug Enforcement Administration. Further, at all times throughout the term of this Agreement, Dr. Butler-Hall shall meet any and all requirements established by the State of Idaho Department of Health and Welfare Emergency Medical Services Bureau and the EMSPC regarding medical direction and oversight. F. Notices. Any and all notices required to be given byeither of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: If to City: If to Dr. Butler-Hall: ~ City of Meridian Dr. Ian Dr. Butler-Hall 33 E. Broadway Avenue 2005 Scyene Way Meridian, Idaho 83642 Boise, Idaho 83712 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. H. Time is of the essence. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Assignment. Dr. Butler-Hall shall not have the right to assign, transfer, hypothecate or sell any of his rights under this Agreement except upon the prior express written consent of City. PROFESSIONAL SERVICES AGREEMENT FOR MEDICAL DIRECTOR SERVICES PAGE 4 OF 6 ~' J. Discrimination prohibited. In performing the Services required herein, Dr. Butler-Hall shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, gender, sexual orientation, age or disability. K. Reports and information. At such times and in such forms as the City may require, there shall be famished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. L. Audits and inspections. At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Dr. Butler-Hall's records with respect to all matters covered by this Agreement. Dr. Butler-Hall shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. M. Compliance with laws. In performing the scope of services required hereunder, Dr. Butler-Hall shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. N. Termination. If, through any cause, Dr. Butler-Hall, or any of his officers, employees, or agents, fails to fulfill in a timely and proper manner his obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this agreement, or if the City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving written notice to Dr. Butler-Hall of such termination and specifying the effective date thereof at least one hundred eighty (180) days before the effective date of such termination. Dr. Butler-Hall may terminate this agreement at any time by giving at least one hundred eighty (180) days notice to City. If Dr. Butler-Hall's license to practice medicine in Idaho is suspended or revoked, this Agreement shall be immediately and automatically terminated. This provision shall not relieve Dr. Butler-Hall of liability to City for any damages sustained by City by virtue of any breach of this Agreement by Dr. Butler-Hall, and City may withhold any payments to Dr. Butler-Hall for the purposes of set-off until such time as the exact amount of damages due to City from Dr. Butler-Hall is determined. This provision shall survive the termination of this agreement and shall not relieve Dr. Butler-Hall of his liability to City for damages. O. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part PROFESSIONAL SERVICES AGREEMENT FOR MEDICAL DIRECTOR SERVICES PAGE 5 OF 6 of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. Q. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. R. Approval required. This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. MEDICAL DIRECTOR: -~ ~ •Ian r. utler-Hall i'~ CITY OF MERIDIAN: By: "~ / Tammy de rd, Mayor ~QgATeDAUCp~ ~LD !~ a~ Attest: ,.~ ~ ~.~r~ City Clerk `vim ~°+r° Ste' PROFESSIONAL SERVICES AGREEMENT FOR MEDICAL DIRECTOR SERVICES PAGE 6 OF 6 Meridian Cify Council Meeting DATE: July 3, 2012 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Water & Sewer Easements for Touchmark ~7wN~W Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~- IDAHO TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 6/19/12 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Water and Sewer Easements for Touchmark I. RECOMMENDED ACTION A. Move to: 1. Approve new easements for water and sewer infrastructure serving Touchmark. The aforementioned easements are in private drives and parking lots providing service to the development site. 2. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Director of Community Development 489-1569 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Steve O'Brien, Development Analyst II 489-0371 Supervisor Scott Steckline: Land Development Supervisor Page ] of I ADA CDUNTY RECORDER Christopher D. Rish AMOUNT .00 11 BOISE IDAHO 07/11/12 1D:55 AM DEPUTY Lisa Ball ~ / 7 3 Z 5~~ RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~ Meridian City 112067544 Ncs -'~/ 9Y6fb SANITARY SEWER AND WATER MAIN EASEMENT J~wj THIS INDENTURE, made this 3rd day of D4aq 2012 between Touchmark of the Treasure Valley, LLC (TBID), an Oregon limited liability company, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described on the attached Exhibit A; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the property described on Exhibit B. The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and additional connection thereto of water or sanitary sewer mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connections to the sanitary sewer or water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the -1- 161773-0063/PDXDOCS:7 987106.2 ti~ # / 73 2 s23 ADA COUNTY RECORDER Christopher D. Aich AMOUNT .00 29 A/GS - `i' 9y~ f ~ BOISE IDAHO 07118112 11:49 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIII IIIIIIIII II III flECORDED-REQUEST OF 11270474 Meridian Ciry SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~__ day of ~ 2012 between Meadow Lake Village Retirement Resort, LLC, an Oregon limited liability company, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described on the attached Exhibit A; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the property described on Exhibit B. The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and additional connection thereto of water or sanitary sewer mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connections to the sanitary sewer or water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the -1- 161773-0063/PDXDOCS:1967113.2 area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, other than streets, roadways, and sidewalks. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: MEADOW LAKE VILLAGE RETIREMENT RESORT, LLC, an Oregon Limited Liability Company By: Touchmark Living Centers, Inc., (M]ager Werner G. Nistler, Jr., Chairman and CEO State of OREGON County of ~LGl~Y7 ~'}~Q~~ This instrument was acknowledged before me on ///~ '.~~? , 2012, by Werner G. Nistler, Jr., as Chairman and CEO of Touchmark Living, Centers, Inc., an Oregon corporation, as Manager of Meadow Lake Village Retirement Resort, LLC, an Oregon limited liability company. Notary Public for the State of Oregon- -2- OFFICIAL SEAL RACNAELPROOGERS N07ARY PUBLIC • OREGON COMMI881ON N0. A498276 MY COMMISSION EXPIRES FEBRUARY 2A, 2019 161773-0063/PDXDOCS:1967113.2 GRANTEE: CITY OF IvlERiDIAN C~ ,,u,S ~ d.w#, At~Eest-Hy Ja e L. Hol Clerk Approved by City Council On: /' 3 a/_ ngRD AUCUS\ /=GO4 ' T`'" Gty of !,~ ~E IDR IAN; loano ~ CT. A T yW °~IIe iPEP6 STATE OF IDAHO ) ss County of Ada ) On this J7 day of J~I~ , 20 -z ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 7' ~AR~. S' '. ~'~ NOTARY PUB IC FOR ID O ~) ! Residing at: ~(~-~ Ipi,v~ - ~ lo• '~, ~~,ti~~4+; Commission Expires: .~an 4 2.0- d l~ -3- 1 61 77 3-006 31PDXDOCS:1967113.2 EXHIBIT A Legal Description of Grantor's Property Parcel C A PARCEL OF LAND LY€NG IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMMENCING ATTHE NORTHWEST CORNER OF SECTION 1G, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, THENCE S 89°28'47" E 1759.86 FEET ALONG THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 1G, SAID POINT ALSO BEING THE CENTER LINE OF S. TOUCHMARK WAY; THENCE LEAVING SAID NORTH LINE AND ALONG SAID CENTER LINE 5 00°00'00" E 60.00 FEETTO A POINT ON THE SOUTH RIGHT OF WAY OF E. FRANKLIN ROAD; THENCE LEAVING SAID CENTER LINES 89°28'47" E 71.28 FEETTO A POINTALONG SAID SOUTH RIGHT OF WAY SAID POINT ALSO BEING THE EASTERLY RIGHT OF WAY OF S. TOUCHMARK WAY; THENCE LEAVING SAID SOUTH RIGHT OF WAY AND ALONG SAID EASTERLY RIGHT OF WAY THE FOLLOWING: THENCE S 45°15'36" W 46.14 FEET TO A POINT; THENCE S 00°00'00" E 68.71 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 311.04 FEET, SAID CURVE HAVING A RADIUS OF 438.50 FEET, A CENTRAL ANGLE OF 40° 38'27", TANGENTS OF 162.38 FEET AND A CHORD WHICH BEARS 5 20°19'13" W 304.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 118.33 FEET, SA1D CURVE HAVING A RADIUS OF 261.50 FEET, A CENTRAL ANGLE OF 25°55'39", TANGENTS OF 60.20 FEET AND A CHORD WHICH BEARS 5 27°40'38" W 117.33 FEETTO A POINTOFCOMPOUND CURVATURE; THENCE ALONG A CURVE TO THE LEFT 69.51 FEET, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRALANGLE OF 79°38'49", TANGENTS OF 41.69 FEETAND A CHORD WHIICH BEARS S 25°06'36" E 64.04 FEETTO A ROINT OF NON-TANGENT; THENCE S 00°00'00" W 29.11 FEET TO A POINT; THENCE N 74°51'09" W 11.78 FEET TO A POINT; THENCE S 04°01'30" E 14.26 FEET TO A POINT OF CURVATURE; -4- 161773-0063lPDXDOCS:1967113.2 THENCE ALONG A CURVE TO THE LEFT 4.20 FEET, SAID CURVE HAVING A RADIUS OF 2.50 FEET, A CENTRAL ANGLE OF 96°11'58", TANGENTS OF 2.79 FEET AND A CHORD WHICH BEARS S 54°20'27" E 3.72 FEETTO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 7.46 FEET, SAID CURVE HAVING A RADIUS OF 90.15 FEET, A CENTRAL ANGLE OF 04° 44'33", TANGENTS OF 3.73 FEET AND A CHORD WHICH BEARS N 79°55'50" E 7.46 FEET TO A POINT; THENCE S 00°00`00" E 25.31 FEETTOA POINT OF NON-TANGENT CURVATURE; THENCE ALONG A CURVE TO THE LEFT 62.34 FEET, SAID CURVE HAVING A RADIUS OF .37.50 FEET, A CENTRALANGLE OF 95°15'01", TANGENTS OF 41.10 FEETAND A CHORD WHICH BEARS S 23°59'49" W 55.41 FEET TO A POINT Df CDNIPOUND CURVATURE; THENCE ALONG A CURVE TO THE LEFT 313.93 FEET, SAID CURVE HAVING A RADIUS OF 271.00 FEET, A CENTRAL ANGLE OF 66°22'19", TANGENTS OF 177.24 FEFT AND A CHORD WHICH BEARS S 56°48'51" E 296.67 FEETTO A POINT; THENCE N 90°00'00" E 141.19 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 214,29 FEET, SAID CURVE HAVING A RADIUS OF 329.00 FEET, A CENTRAL ANGLE OF 37° 19'07", TANGENTS OF 111.10 FEET AND A CHORD WHICH BEARS S 71°20'26" E 210.52 FEET TO A POINT; THENCE S 52°40'53" E 28.37 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 82.29 FEET, SAID CURVE HAVING A RADIUS OF 68.00 FEET, A CENTRAL ANGLE OF G9° 19'58", TANGENTS OF 47A3 FEET AND A CHORD WHICH BEARS S 87°20'52" E 77.36 FEETTO A POINT; THENCE S 52°40'53" E 50.96 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT G1.G9 FEET, SA€^ CURVE HAVING A RADIUS OF 57.50 FEET, A CENTRAL ANGLE OF fii° 28'32", TANGENTS OF 34.19 FEET AND A CHORD WHICH BEAR5 S 16°2717" E 58.78 FEETTO A POINT; THENCE S 37°19'07" W 5.76 FEET TO A POINT OF CURVATURE; THENCE .5 52°40'53" E 188.73 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT 46.34 FEET, SAID CURVE HAVING A RADIUS OF 29.50 FEET, A CENTRAL ANGLE OF 90° OD'00", TANGENTS OF 29.50 FEET AND A CHORD WHICH BEARS N 82°19'07" E 41.72 FEET TO A POINT; THENCE N 37°19'07" E 14.79 FEET TO A POINT; THENCE N W°40'83" W 1273 FEETTO A POINT; -5- 161773-0063/PDXDOC 5:1967113.2 THENCE N 37°19'07" E 17.42 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 136.81 FEET, SAID CURVE HAVING A RADIUS OF 238.50 FEET, A CENTRAL ANGLE OF 32°51'59", TANGENTS OF 70.34 FEET AND A CHORD WHICH BEARS N 53°45'06" E 134.94 FEET TO A POINT: THENCE S 62°24'17" E 12.43 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 0°13'01" W 145.00 FEETTO A POINT; THENCE N 77°21'24" E 415.66 FEETTO A POINT; THENCE N 89°59'55" E 153.54 FEET TO A POINT; THENCE S 23°01'01" W 144.02 FEET TO A POINT OF NON-TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT 5.31 FEET, SAID CURVE HAVING A RADIUS OF 253.50 FEET, A CENTRAL ANGLE OF 01°11'57", TANGENTS OF 2.65 FEET AND A CHORD WHICH BEARS N 79°02'24" W 5.30 FEET TO A POINT; THENCE S 52°11'42" W 12.26 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT 171.70 FEET, SAID CURVE HAVING A RADIUS OF 244.50 FEET, A CENTRAL ANGLE OF 40° 14'08", TANGENTS OF 89.56 FEET AND A CHORD WHICH BEARS S 78°19'32" W 168.19 FEETTO A POINTOF REVERSE CURVE; THENCE ALONG A CURVE TO THE RIGHT 62.87 FEET, SAID CURVE HAVING A RADIUS OF 199.50 FEET, A CENTRAL ANGLE OF 18° 03'17", TANGENTS OF 31.70 FEET AND A CHORD WHICH BEARS S 68°00'46" W 62.61 FEET TO A POINT; THENCE N 61°00'01" W 8.38 FEETTO A POINT; THENCE ALONG A CURVE TO THE RIGHT 153.88 FEET, SAID CURVE HAVING A RADIUS OF 663.50 FEET, A CENTRAL ANGLE OF 13° 17'18", TANGENTS OF 77.29 FEET AND A CHORD WHICH BEARS S 81°54'32" W 153.54 FEET TO A POINT; THENCE S 44°19'03" W 12.81 FEETTO A POINT; THENCE ALONG A CURVE TO THE RIGHT 21.69 FEET, SAID CURVE HAVING A RADIUS OF 672.50 FEET, A CENTRAL ANGLE OF 01° 50'52", TANGENTS OF 10.85 FEET AND A CHORD WHICH BEARS N 89°44'28" W 21.69 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT 76.05 FEET, SAID CURVE HAVING A RADIUS OF 230.50 FEET, A CENTRAL ANGLE OF 18° 54'17", TANGENTS OF 38.38 FEET AND A CHORD WHICH BEARS S 80°14'39" W 75.71 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. -6- 161773-0063/PDXDOCS:1967113.2 SAID PARCEL CONTAINS 1.81 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS OF RECORD. BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF SAID NW 1/4 OF SECTION 16, BEARING S 89°28'47" E. Parcel E A PARCEL OF LAND LYING IN THE NE & NW 1/4 DF SECTION 16, TOWNSHIP 3 NORTH; RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHWEST CORNER OF SAID SECTION 16, THENCE S 89°2$'47" E 2706.25 FEET ALONG THE NORTH LINE OF THE NW 1/40FSAID SECTION 16 TO THE NORTH 1/4 CORNER OF SAID SECTION; THENCE LEAVING SAID NORTH LW E AND ALONG THE WEST LINE OF THE NORTHEAST 1/4 SECTION 16, THENCE S 00°13'01" E 2656.81 FEETTO A POINT ALSO BEING THE CENTER OF SECTION 16, 7HENCE ALONG THE SOUTH LINE OF SAID NE 1/4 S 89°23'43" E 261.20 FEET TO A POINT; THENCE N 20°30'50" E 487.45 FEET TD THE REAL POINT ©F BEGINNING OF THIS DESCRIPTION; THENCE N 49°5T3S" W 45.62 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 182.80 FEET, SAID CURVE HAVING A RADIUS OF 115.00 FEET, A CENTRAL ANGLE OF 91°04'26", TANGENTS OF 117.18 FEET AND A CHORD WHICH BEARS N 04°25'22" W 164.15 FEET TO A POINT; THENCE N 41°06'51" E 101.84 FEETTO A POINT; THENCE N 00°16'01" E 191.94 FEET TO A POINT; THENCE N 35°16'01" E 122.44 FEET TO A POINT; THENCE N 67°13'26" E 94.81 FEETTO A POINT; THENCE S 22°47'3$" E 23.94 FEET TO A POINT; THENCE S 22°12'22" W 12.73 FEETTO A POINT; THENCE .S 22°47'38" E 91.19 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 146.9$ FEET, SAID CURVE HAVING A RADIUS OF 268.50 FEET, A CENTRAL ANGLE OF 31°21'54", TANGENTS OF75.38 FEET AND A CHORD WHICH BEARS S 07°06'41" E 145.15 FEET TO A POINT; THENCE S 34°3TSD" E 12.91 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 21.70 FEET, SAID CURVE HAVING A RADIUS OF 277,50 FEET, A CENTRAL ANGLE OF 04°28'50", TANGENTS OF 10.86 FEETAND A CHORD WHICH BEARSS 12°45'20" W 21.70 FEETTOA POINT; -7- 161773-0063/P DXDOCS:1967113.2 THENCE S 60°02'19" W 12.94 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 166.74 FEET, SAID CURVE HAVING A RADIUS OF 268.50 FEET, A CENTRAL ANGLE OF 35°34'49", TANGENTS OF 86.15 FEETAND A CHORD WHICH REARS S 34°44'13" W 164.07 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVETO THE LEFT 129.66 FEET, SAID CURVE HAVING A RADIUS OF 523.50 FEET, A CENTRALANGLE OF 14°11'28", TANGENTS OF 65.16 FEETAND A CHORD WHICH REARS S 45°25'54" W 129.33 F EET TO A P OI NT; THENCE S 09°14'04" E 10.35 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 3.65 FEET, .SAID CURVE HAVING A RADIUS OF 4.SD FEET, A CENTRAL ANGLE OF 4G°25'58", TANGENTS OF L93 FEET AND A CHORD WHICH BEARS 5 13°58'55" W 3.55 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 35.77 FEET, SAID CURVE HAVING A RADIUS OF 514.50 FEET, A CENTRAL ANGLE OF 03°58'59", TANGENTS OF 17.89 FEET AND A CHORD WHICH BEARS S 35°12'25" W 35.76 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 36.99 FEET, SAID CURVE HAVING A RADIUS OF 310.50 FEET, A CENTRAL ANGLE OF 06°49'29", TANGENTS OF 18.51 FEET AND A CHORD WHICH BEARS S 3G°3T40" W 36.96 FEET TO THE REAL POINT DF BEGINNING OF THIS PARCEL E DESCRIPTION; SAID PARCEL E CONTAINS 228 ACRES MORE OR LESS AND 15 SURJECT TO EASEMENTS OF RECORD. BEARIN65 HEREIN USED ARE BASED ON THE NORTH LINE OF SAID NW 1/4 OFSECTION 16, BEARING S 89°28'47" E, Parcel F A PARCEL OF LAND LYING IN THE NE 1/4, SE 1/4 & NW 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 16, THENCE S 89°28'47" E 2706.25 FEET ALONG THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 16 TO THE NORTH 1/4 CORNER OF SAID SECTION; THENCE LEAVING SAID NORTH LINE AND ALONG THE WEST LINE OF THE NORTHEAST 1/4 SECTION 16, THENCE S 00°13'01" E 2656.81 FEET TO A POINT ALSO BEING THE CENTER OF SECTION 16, THENCE ALONG THE SOUTH LINE OF SAID NE 1/4 S 89°23'43" E 261.20 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°05'24" E 314.37 FEETTO A POINTOF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 40.36 FEET, SAID CURVE HAVING A RADIUS OF 348.50 FEET, A CENTRAL ANGLE OF 06°38'09", TANGENTS OF 20.20 FEET AND A CHORD WHICH BEARS S 82°10'05" W 40.34 FEETTO A POINT; -g- 7 61773-0063lPDXDOCS: "1967113.2 THENCE N 48°05'10" W 12.57 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 146.77 FEET, SAID CURVE HAVING A RADIUS OF 339.50 FEET, A CENTRAL ANGLE OF 24°46'10", TANGENTS OF 74.55 FEET AND A CHORD WHICH BEARS N 80°39'59" W 145.63 FEETTO A POINT; THENCE S 66°43'05" W 12.57 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 118.66 FEET, SAID CURVE HAVING A RADIUS OF 348.50 FEET, A CENTRAL ANGLE OF 19°30'32", TANGENTS OF 59.91 FEET AND A CHORD WHICH BEARS N 57°03'58" W 118.09 FEETTO A POINT; THENCE N 00°55'43" W 12.58 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 125.83 FEET, SAID CURVE HAVING A RADIUS OF 290.50 FEET, A CENTRAL ANGLE OF 24°49'05", TANGENTS OF 63.92 FEET AND A CHORD WHICH BEARS N 58°15'20" W 124.85 FEETTO A POINT; THENCE N 70°39'53" W 48.86 FEETTO A POINT; THENCE S 64°20'07" W 12.71 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 248.93 FEET, SAID CURVE HAVING A RADIUS OF 203.50 FEET, A CENTRAL ANGLE OF 70°05'12", TANGENTS OF 142.72 FEET AND A CHORD WHICH BEARS N 35°02'36" W 233.70 FEETTO A POINT; THENCE N 00°00'00" W 198.89 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 175.54 FEET, SAID CURVE HAVING A RADIUS OF 223.50 FEET, A CENTRAL ANGLE OF 45°00'00", TANGENTS OF 92.58 FEET AND A CHORD WHICH BEARS N 22°30'00" E 171.06 FEETTO A POINT; THENCE N 45°00'00" E 115.93 FEET TO A POINT; THENCE S 90°00'00" E 12.73 FEETTO A POINT; THENCE N 45°00'00" E 14.79 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 44.36 FEET, SAID CURVE HAVING A RADIUS OF 29.50 FEET, A CENTRAL ANGLE OF 86°09'30", TANGENTS OF 27.59 FEET AND A CHORD WHICH BEARS N 01°55'15" E 40.30 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 14.83 FEET, SAID CURVE HAVING A RADIUS OF 214.50 FEET, A CENTRAL ANGLE OF 03°57'42", TANGENTS OF 7.42 FEETAND A CHORD WHICH BEARS N 39°10'40" W 14.83 FEET TO A POINT; THENCE N 82°08'30" W 12.49 FEET TO A POINT OF CURVATURE; -9- 161773-0063/P DXDOCS:1967113.2 THENCE ALONG A CURVE TO THE RIGHT 200.11 FEET, SAID CURVE HAVING A RADIUS OF 223.50 FEET, A CENTRAL ANGLE OF S1°17'57", TANGENTS OF 107.32 FEET AND A CHORD WHICH BEARS N 09°16'48" W 193.49 FEET TO A POINT; THENCE N 63°34'53" E 12.49 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 14.83 FEET, SAID CURVE HAVING A RADIUS OF 214.50 FEET, A CENTRAL ANGLE OF 03°57'42", TANGENTS OF 7.42 FEET AND A CHORD WHICH BEARS N 20°37'03" E 14.83 FEETTO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 38.76 FEET, SAID CURVE HAVING A RADIUS OF 29.5 FEET, A CENTRAL ANGLE OF 7S°16'47", TANGENTS OF 22.75 FEET AND A CHORD WHICH BEARS N 1S°02'30" W 36.03 FEET TO A POINT; THENCE N S2°40'53" W 196.74 FEETTO A POINT; THENCE N 37°19'07" E 23.00 FEETTO A POINT; THENCE N S2°40'53" W 3.00 FEET TO A POINT OF CURVATURE THENCE ALONG A CURVE TO THE RIGHT 29.85 FEET, SAID CURVE HAVING A RADIUS OF 9.50 FEET, A CENTRAL ANGLE OF 180°00'00" ANDA CHORD WHICH BEARS N 37°19'07" E 19.00 FEETTO A POINT; THENCE S S2°40'53" E 3.00 FEET TO A POINT; THENCE N 37°19'07" E 23.00 FEET TO A POINT; THENCE S S2°40'53" E 188.73 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 46.34 FEET, SAID CURVE HAVING A RADIUS OF 29.50 FEET, A CENTRAL ANGLE OF 90°00'00", TANGENTS OF 29.50 FEET AND A CHORD WHICH BEARS N 82°19'07" E 41.72 FEET TO A POINT; THENCE N 37°19'07" E 14.79 FEETTO A POINT; THENCE N 07°40'53" W 12.73 FEET TO A POINT; THENCE N 37°19'07" E 17.42 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 136.81 FEET, SAID CURVE HAVING A RADIUS OF 238.50 FEET, A CENTRAL ANGLE OF 32°51'59", TANGENTS OF 70.34 FEET AND A CHORD WHICH BEARS N S3°45'06" E 134.94 FEET TO A POINT OF COMPOUND CURVATURE; THENCE S 62°24'17" E 12.43 FEET TO A POINT CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 76.05 FEET, SAID CURVE HAVING A RADIUS OF 230.50 FEET, A CENTRAL ANGLE OF 18°54'17", TANGENTS OF 38.38 FEET AND A CHORD WHICH BEARS N 80°14'39" E -75.71 FEET TO A POINT REVERSE CURVATURE; -10- 161773-0063/PDXDOCS:1967113.2 THENCE ALONG A CURVE TO THE LEFT 21.69 FEET, SAID CURVE HAVING A RADIUS OF 672.50 FEET, A CENTRAL ANGLE OF 01°50'52", TANGENTS OF 10.85 FEET AND A CHORD WHICH BEARS S 89°44'28" E 21.69 FEETTO A POINT; THENCE N 44°19'03" E 12.81 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 153.88 FEET, SAID CURVE HAVING A RADIUS OF 663.50 FEET, A CENTRAL ANGLE OF 13°17'18", TANGENTS OF 77.29 FEET AND A CHORD WHICH BEARS N 81°54'32" E 153.54 FEETTO A POINT; THENCE S 61°00'01" E 8.38 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 62.87 FEET, SAID CURVE HAVING A RADIUS OF 199.50 FEET, A CENTRAL ANGLE OF 18°03'17", TANGENTS OF 31.70 FEET AND A CHORD WHICH BEARS N 68°00'46" E 62.61 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 171.70 FEET, SAID CURVE HAVING A RADIUS OF 244.50 FEET, A CENTRAL ANGLE OF 40°14'08", TANGENTS OF 89.56 FEET AND A CHORD WHICH BEARS N 78°19'32" E 168.19 FEETTO A POINT; THENCE N 52°11'42" E 12.26 FEETTO A POINT; THENCE ALONG A CURVE TO THE RIGHT 5.31 FEET, SAID CURVE HAVING A RADIUS OF 253.50 FEET, A CENTRAL ANGLE OF 01°11'57", TANGENTS OF 2.65 FEET AND A CHORD WHICH BEARS S 79°02'24" E 5.30 FEETTO A POINT; THENCE N 23°01'01" E 144.02 FEET TO A POINT; THENCE N 89°59'55" E 194.90 FEETTO A POINT; THENCE S 33°16'37" E 620.00 FEETTO A POINT; THENCE S 30°51'03" E 493.00 FEETTO A POINT; THENCE S 00°06'30" E 493.51 FEET TO A POINT; THENCE S 13°51'55" W 426.51 FEET TO A POINT ON THE SAID SOUTH LINE OF THE NE 1/4 SECTION 16; THENCE ALONG THE SAID SOUTH LINEN 89°23'43" W 34.37 FEETTO A POINT; THENCE LEAVING SAID SOUTH LINES 13°46'18" W 21.40 FEET TO A POINT; THENCE N 89°43'13" W 530.52 FEET TO A POINT; THENCE N 00°19'45" W 23.85 FEETTO A POINT ON SAID SOUTH LINE; THENCE ALONG SAID SOUTH LINEN 89°23'43" W 411.94 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; SAID PARCEL F CONTAINS 53.23 ACRES MORE OR LESS AND IS SUBJECT TO -11- 161773 -0063/PDX DOC S:1967113.2 EASEMENTS OF RECORD. SUBTRACTING FROM THE ABOVE DESCRIBED PARCEL FTHE FOLLOWING DESCRIBED PARCEL E; COMMENCING AT THE REAL POINT OF BEGINNING OF THE ABOVE DESCRIBED PARCEL F, THENCE N 20°30'SO" E 487.45 FEET TO THE REAL POINT OF BEGINNING OF THIS SUBTRACTED PARCEL E DESCRIPTION; THENCE N 49°67'3S" W 45.62 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 182.80 FEET, SAID CURVE HAVING A RADIUS OF 115.00 FEET, A CENTRAL ANGLE OF 91°04'26", TANGENTS OF 117.18 FEET AND A CHORD WHICH BEARS N 04°25'22" W 164.15 FEET TO A POINT; THENCE N 41°06'51" E 101.84 FEET TO A POINT; THENCE N 00°16'01" E 191.94 FEETTO A POINT; THENCE N 3S°16'01" E 122.44 FEET TO A POINT; THENCE N 67°13'26" E 94.81 FEET TO A POINT; THENCE S 22°47'38" E 23.94 FEETTO A POINT; THENCE S 22°12'22" W 12.73 FEET TO A POINT; THENCE S 22°47'38" E 91.19 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 146.98 FEET, SAID CURVE HAVING A RADIUS OF 268.50 FEET, A CENTRAL ANGLE OF 31°21'54", TANGENTS OF 75.38 FEET AND A CHORD WHICH BEARS S 07°06'41" E 14S.1S FEETTO A POINT; THENCE S 34°3750" E 12.91 FEET TO A POINT OFCURVATURE; THENCE ALONG A CURVE TO THE RIGHT 21.70 FEET, SAID CURVE HAVING A RADIUS OF 277.50 FEET, A CENTRAL ANGLE OF 04°28'SO", TANGENTS OF 10.86 FEET AND A CHORD WHICH BEARS S 12°45'20" W 21.70 FEET TO A POINT; THENCE S 60°02'19" W 12.94 FEETTO A POINTOF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 166.74 FEET, SAID CURVE HAVING A RADIUS OF 268.50 FEET, A CENTRAL ANGLE OF 3S°34'49", TANGENTS OF 86.15 FEET AND A CHORD WHICH BEARS S 34°44'13" W 164.07 FEETTO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 129.66 FEET, SAID CURVE HAVING A RADIUS OF 523.50 FEET, A CENTRAL ANGLE OF 14°11'28", TANGENTS OF 65.16 FEET AND A CHORD WHICH BEARS S 4S°25'54" W 129.33 FEETTO A POINT; THENCE S 09°14'04" E 10.35 FEET TO A POINT OF CURVATURE; -12- 161773-0063/PDXDOCS:1967113.2 THENCE ALONG A CURVE TO THE RIGHT 3.65 FEET, SAID CURVE HAVING A RADIUS OF 4.50 FEET, A CENTRAL ANGLE OF 46°25'58", TANGENTS OF 1.93 FEET AND A CHORD W HICH BEARS 5 13°58'55" W 3.55 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 35.77 FEET, SAID CURVE HAVING A RADIUS OF 514.50 FEET, A CENTRAL ANGLE OF 03°58'59", TANGENTS OF 17.89 FEET AND A CHORD WHICH BEAR5 5 35°12'25" W 35.76 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 36.99 FEET, SAID CURVE HAVING A RADIUS OF 310.50 FEET, A CENTRAL ANGLE OF 06°49'29", TANGENTS OF 18.51 FEET AND A CHORD WHICH BEARS 5 36°37'40" W 36.96 FEET TO THE REAL POINT OF BEGINNING OF THIS SU BTRACTED PARCEL E DESCRIPTION; SAID PARCEL E CONTAINS 2.28 ACRES MORE OR LESS AND IS SUBJECTTO EASEMENTS OF RECORD. SAID REMAINING PARCEL F CONTAINS 50.95 ACRES MORE OR LE55 AND IS SUBJECT TO EASEMENTS OF RECORD. BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF SAID NW 1/4 OF SECTION 16, BEARING 5 89°28'47" E. -13- 161773-0063IpOXDOCS:1967113.2 EXHIBIT B Legal Description of Easement EASEMENT'A' E. PUTTER LANE, S. NISTLER LANE AND E. CLOCKTOWER LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 06°36'41" W 1439.27 FEETTO A POINTATTHE CENTER LINE INTERSECTION OF S. TOUCHMARK WAY, E. PUTTER LANE AND E. CLOCKTOWER LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; EASEMENT BEING 24.5 FEET RIGHT AND 14.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: N 37°19'07" E 83.24 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 195.74 FEET, SAID CURVE HAVING A RADIUS OF 198.00 FEET, A CENTRAL ANGLE OF 56°38'29", TANGENTS OF 106.70 FEET AND A CHORD WHICH BEARS N 65°38'46" E 187.86 FEETTO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 41.58 FEET, SAID CURVE HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 09°31'50", TANGENTS OF 20.84 FEET AND A CHORD WHICH BEARS N 89°12'06" E 41.54 FEETTO A POINTOF COMPOUND CURVE; THENCE ALONG A CURVE TO THE LEFT 245.30 FEET, SAID CURVE HAVING A RADIUS OF 548.65 FEET, A CENTRAL ANGLE OF 25°37'00", TANGENTS OF 124.73 FEET AND A CHORD WHICH BEARS N 71°37'41" E 243.26 FEETTO A POINTOF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 24 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 105.25 FEET, SAID CURVE HAVING A RADIUS OF 230.00 FEET, A CENTRAL ANGLE OF 26°13'12", TANGENTS OF 53.56 FEET AND A CHORD WHICH BEARS N 71°19'04" E 104.34 FEET TO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 34 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 29.47 FEET, SAID CURVE HAVING A RADIUS OF 230.00 FEET, A CENTRAL ANGLE OF 07°20'25", TANGENTS OF 14.75 FEETAND A CHORD WHICH BEARS N 88°05'52" E 29.45 FEET TO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 24 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; -14- 161773-0063/PDXDOC S:1967113.2 THENCE ALONG A CURVE TO THE RIGHT 223.58 FEET, SAID CURVE HAVING A RADIUS OF 230.00 FEET, A CENTRAL ANGLE OF 55°41'46", TANGENTS OF 121.51 FEET AND A CHORD WHICH BEARS S 60°23'02" E 214.88 FEETTO A POINT; THENCE S 32°32'09" E 64.49 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 76.93 FEET, SAID CURVE HAVING A RADIUS OF 233.00 FEET, A CENTRAL ANGLE OF 18°55'00", TANGENTS OF 38.82 FEET AND A CHORD WHICH BEARS S 23°04'39" E 76.58 FEET TO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 32 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 9.07 FEET, SAID CURVE HAVING A RADIUS OF 233.00 FEET, A CENTRAL ANGLE OF 02°13'36", TANGENTS OF 4.53 FEETAND A CHORD WHICH BEARS S 12°30'16" E 9.07 FEET TO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 24 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 320.85 FEET, SAID CURVE HAVING A RADIUS OF 233.00 FEET, A CENTRAL ANGLE OF 78°53'57", TANGENTS OF 191.73 FEET AND A CHORD WHICH BEARS S 28°03'26" W 296.10 FEET TO A POINT OF COMPOUND CURVE, ALSO BEING THE INTERSECTION OF E. CLOCKTOWER LAND AND S ARBOR LANE; THENCE ALONG A CURVE TO THE RIGHT 145.50 FEET, SAID CURVE HAVING A RADIUS OF 233.00 FEET, A CENTRAL ANGLE OF 35°46'41", TANGENTS OF 75.21 FEET AND A CHORD WHICH BEARS S 85°23'55" W 143.14 FEETTO A POINTOF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 353.19 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 40°28'22", TANGENTS OF 184.33 FEET AND A CHORD WHICH BEARS S 83°03'05" W 345.89 FEETTO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE RIGHT 224.24 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 64°14'15", TANGENTS OF 122.22 FEET AND A CHORD WHICH BEARS N 85°03'58" W 212.67 FEET TO A POINT OF COMPOUND CURVE, ALSO BEING THE INTERSECTION OF E. CLOCKTOWER LANE ANDS. ARBOR LANE; EASEMENT BEING 24 FEET RIGHT AND 14.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 54.98 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 15°44'42", TANGENTS OF 30.00 FEET AND A CHORD WHICH BEARS N 45°04'20" W 54.81 FEET TO A POINT OF COMPOUND; EASEMENT BEING 24 FEET RIGHT AND VARIES LINEARLY FROM 14.5 FEET TO 23.5 FEET LEFT THROUGH THE FOLLOWING COURSES AND DISTANCE; THENCE ALONG A CURVE TO THE RIGHT 7.91 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 02°16'02", TANGENTS OF 3.96 FEET AND A CHORD WHICH BEARS N 36°03'48" W 7.91 FEET TO A POINT OF COMPOUND CURVE; -15- 161773-0063/PDXDOCS:1967113.2 EASEMENT BEING 24 FEET RIGHT AND 23.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 179.07 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 51°17'S7", TANGENTS OF 96.04 FEET AND A CHORD WHICH BEARS N 09°16'48" W 173.15 FEET TO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHTAND VARIES LINEARLY FROM 23.5 FEET TO 214.5 FEET LEFT THROUGH THE FOLLOWING COURSES AND DISTANCE; THENCE ALONG A CURVE TO THE RIGHT 7.91 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 02°16'02", TANGENTS OF 3.96 FEET AND A CHORD WHICH BEARS N 17°30'11" E 7.91 FEETTO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 14.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 65.21 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 18°40'SS", TANGENTS OF 32.65 FEET AND A CHORD WHICH BEARS N 27°S8'S40" E 64.92 FEET TO THE POINT OF BEGINNING OF THE EASEMENT. ALSO SAID EASEMENT INCLUDES THE FOLLOWING DESCRIBED AREAS: FROM SAID INTERSECTION OF S. TOUCHMARK WAY AND E. PUTTER LANE, N. 37°19'07" E. 76.79 FEET; THENCE N 52°40'53" W 14.5 FEET TO THE BEGINNING OF THE DESCRIBED AREA; THENCE N 07°40'S3" W 12.73 FEETTO A POINT; THENCE N 37°19'07" E 17.42 FEETTO APOINT OF ANON-TANGENT CURVE; THENCE ALONG A CURVE TO THE RIGHT 136.81 FEET, SAID CURVE HAVING A RADIUS OF 238.50 FEET, A CENTRAL ANGLE OF 32°S1'S9", TANGENTS OF 70.34 FEET AND A CHORD WHICH BEARS N S3°4S'06" E 134.94 FEET TO A POINT; THENCE S 62°24'17" E 12.43 FEETTO APOINT OF ANON-TANGENT CURVE; THENCE ALONG A CURVE TO THE RIGHT 8.91 FEET, SAID CURVE HAVING A RADIUS OF 230.50 FEET, A CENTRAL ANGLE OF 02°12'SS", TANGENTS OF 4.46 FEETAND A CHORD WHICH BEARS N 71°53'S8" E 8.91 FEETTO A POINT; THENCE N 16°S9'35" W 12.00 FEET TO APOINT OF ANON-TANGENT CURVE; THENCE ALONG A CURVE TO THE RIGHT 10.85 FEET, SAID CURVE HAVING A RADIUS OF 242.50 FEET, A CENTRAL ANGLE OF 02°33'48", TANGENTS OF 5.43 FEET AND A CHORD WHICH BEARS N 74°71'19" E 10.85 FEETTO A POINT; THENCE S 14°25'47" E 12.00 FEET TO APOINT OF ANON-TANGENT CURVE; -16- 161773-0063/PDXDOCS:1967113.2 THENCE ALONG A CURVE TO THE RIGHT 56.83 FEET, SAID CURVE HAVING A RADIUS OF 230.50 FEET, A CENTRAL ANGLE OF 14°07'35", TANGENTS OF 28.56 FEET AND A CHORD WHICH BEARS N 82°38'01" E 10.85 FEETTO A POINTOF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT 21.69 FEET, SAID CURVE HAVING A RADIUS OF 672.50 FEET, A CENTRAL ANGLE OF 01°50'52", TANGENTS OF 10.85 FEET AND A CHORD WHICH BEARS S 89°44'28" E 21.69 FEETTO A POINT; THENCE N 44°19'03" E 12.81 FEETTO APOINT OF ANON-TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT 153.88 FEET, SAID CURVE HAVING A RADIUS OF 663.50 FEET, A CENTRAL ANGLE OF 13°17'18", TANGENTS OF 77.29 FEET AND A CHORD WHICH BEARS N 81°54'32" E 153.54 FEET TO A POINT; THENCE S 61°00'01" E 8.38 FEET TO APOINT OF ANON-TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT 36.67 FEET, SAID CURVE HAVING A RADIUS OF 199.50 FEET, A CENTRAL ANGLE OF 10°31'52", TANGENTS OF 18.39 FEET AND A CHORD WHICH BEARS N 71°46'29" E 36.62 FEETTO A POINT; THENCE N 23°29'27" W 8.00 FEET TO APOINT OF ANON-TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT 9.79 FEET, SAID CURVE HAVING A RADIUS OF 191.50 FEET, A CENTRAL ANGLE OF 02°55'50", TANGENTS OF 4.90 FEET AND A CHORD W HICH BEARS N 65°02'38" E 9.79 FEETTO A POINT; THENCE S 26°25'17" E 8.00 FEETTO APOINT OF ANON-TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT 15.73 FEET, SAID CURVE HAVING A RADIUS OF 199.50 FEET, A CENTRAL ANGLE OF 04°31'01", TANGENTS OF 7.87 FEET AND A CHORD WHICH BEARS N 62°19'13" E 15.72 FEETTO A POINT NON-TANGENT REVERSE CURVE; THENCE ALONG A CURVE TO THE RIGHT 238.40 FEET, SAID CURVE HAVING A RADIUS OF 534.15 FEET, A CENTRAL ANGLE OF 25°34'18", TANGENTS OF 121.22 FEETAND A CHORD WHICH BEARS S 71°39'02" W 236.42 FEETTO A POINT REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 210.07 FEET, SAID CURVE HAVING A RADIUS OF 212.50 FEET, A CENTRAL ANGLE OF 56°38'29", TANGENTS OF 114.52 FEET AND A CHORD WHICH BEARS S 65°38'46" W 201.62 FEET TO THE BEGINNING OF THIS EASEMENT AREA. EASEMENT 'B' S. ARBOR LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: -17- 161773-0063lPDXDO CS:1967113.2 COMMENCING AT THE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 25°44'21" E 1314.28 FEETTO A POINT ATTHE CENTER LINE INTERSECTION OF S. ARBOR LANE, S. NISTLER LANE AND E. CLOCKTOWER LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING 0 F TH IS DESCRIPTION; EASEMENT BEING 24.0 FEET RIGHT AND 24.0 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: S 22°47'38" E 168.46 FEETTO A POINT; EASEMENT BEING 32.0 FEET RIGHT AND 24.0 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: S 22°47'38" E 10.00 FEET TO A POINT; EASEMENT BEING 24.0 FEET RIGHT AND 24.0 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: S 22°47'38" E 82.50 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT 221.67 FEET, SAID CURVE HAVING A RADIUS OF 292.00 FEET, A CENTRAL ANGLE OF 43°29'48", TANGENTS OF 116.49 FEET AND A CHORD WHICH BEARS S 01°02'44" E 216.39 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT 162.19 FEET, SAID CURVE HAVING A RADIUS OF 292.00 FEET, A CENTRAL ANGLE OF 31°49'28", TANGENTS OF 83.25 FEET AND A CHORD WHICH BEARS S 36°36'54" W 160.11 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 46.12 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF OS°17'06", TANGENTS OF 23.08 FEET AND A CHORD WHICH BEARS S 49°53'05" W 46.10 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT 122.41 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 14°01'36", TANGENTS OF 61.51 FEET AND A CHORD WHICH BEARS S 40°13'43" W 122.10 FEETTO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE RIGHT 38.71 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 06°49'29", TANGENTS OF 19.38 FEET AND A CHORD WHICH BEARS S 36°37'40" W 38.69 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT 106.46 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 18°46'07", TANGENTS OF 53.71 FEET AND A CHORD WHICH BEARS S 49°25'28" W 105.99 FEETTO A POINTOF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT 113.68 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 20°02'28", TANGENTS OF 57.43 FEET AND A CHORD WHICH BEARS S 68°49'46" W 113.10 FEETTO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 23.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; 18 161773-0063/P DXD O CS:1967113.2 THENCE ALONG A CURVE TO THE RIGHT 37.64 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 06°38'09", TANGENTS OF 18.84 FEET AND A CHORD WHICH BEARS S 82°10'05" W 37.62 FEETTO A POINTOF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND VARIES LINEARLY FROM 23.5 FEET TO 14.5 FEET LEFT THROUGH THE FOLLOWING COURSES AND DISTANCE; THENCE ALONG A CURVE TO THE RIGHT 8.30 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 01°27'47", TANGENTS OF 4.15 FEETAND A CHORD WHICH BEARS S 86°13'02" W 8.30 FEET TO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 14.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 140.50 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 24°46'10", TANGENTS OF 71.36 FEET AND A CHORD WHICH BEARS N 80°39'59" W 139.41 FEET TO A POINT; EASEMENT BEING 24 FEET RIGHT AND VARIES LINEARLY FROM 14.5 FEET TO 23.5 FEET LEFT THROUGH THE FOLLOWING COURSES AND DISTANCE; THENCE ALONG A CURVE TO THE RIGHT 8.29 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 01°27'40", TANGENTS OF 4.14 FEET AND A CHORD WHICH BEARS N 67°33'04" W 8.29 FEET TO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 23.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 110.66 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 19°30'32", TANGENTS OF 55.87 FEET AND A CHORD WHICH BEARS N 57°03'58" W 110.13 FEETTO A POINT. EASEMENT BEING 24 FEET RIGHT AND VARIES LINEARLY FROM 23.5 FEET TO 14.5 FEET LEFT THROUGH THE FOLLOWING COURSES AND DISTANCE; THENCE ALONG A CURVE TO THE RIGHT 8.31 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 01°27'55", TANGENTS OF 4.16 FEET AND A CHORD WHICH BEARS N 46°34'45" W 8.31 FEET TO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 14.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE LEFT 132.11 FEET, SAID CURVE HAVING A RADIUS OF 305.00 FEET, A CENTRAL ANGLE OF 24°49'05", TANGENTS OF 67.11 FEET AND A CHORD WHICH BEARS N 58°15'20" W 131.08 FEET TO A POINT; N 70°39'53" W 48.86 FEET TO A POINT; EASEMENT BEING 24 FEET RIGHT AND VARIES LINEARLY FROM 14.5 FEET TO 23.5 FEET LEFT THROUGH THE FOLLOWING COURSES AND DISTANCES; -19- 161773-0063/PDXDOCS:19671132 N 70°39'53" W 6.94 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT 1.82 FEET, SAID CURVE HAVING A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 00°34'41", TANGENTS OF 0.91 FEET AND A CHORD WHICH BEARS N 70°22'32" W 1.82 FEET TO A POINT OF COMPOUND CURVE; EASEMENT BEING 24 FEET RIGHT AND 23.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 220.18 FEET, SAID CURVE HAVING A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 70°05'12", TANGENTS OF 126.24 FEET AND A CHORD WHICH BEARS N 35°02'36" W 206.71 FEET TO A POINT; THENCE N 00°00'00" W 132.14 FEETTO A POINT; EASEMENT BEING 31.3 FEET RIGHT AND 23.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE N 00°00'00" W 10.00 FEETTO A POINT; EASEMENT BEING 24 FEET RIGHT AND 23.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE N 00°00'00" W 56.75 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT 157.08 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 45°00'00", TANGENTS OF 82.84 FEET AND A CHORD WHICH BEARS N 22°30'00" E 153.07 FEET TO A POINT; THENCE N 45°00'00" W 115.93 FEETTO A POINT; EASEMENT BEING 24 FEET RIGHT AND VARIES LINEARLY FROM 23.5 FEET TO 14.5 FEET LEFT THROUGH THE FOLLOWING COURSES AND DISTANCE; THENCE N 45°00'00" W 9.00 FEET TO A POINT; EASEMENT BEING 24 FEET RIGHT AND 14.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE N 45°00'00" W 60.17 FEET TO THE INTERSECTION OF S. ARBOR LANE AND E. CLOCKTOWER LANE; ALSO SAID EASEMENT INCLUDES THE FOLLOWING DESCRIBED AREAS: FROM SAID INTERSECTION OF S. ARBOR LANE AND E. TOUCHMARK LANE, S 45°00'00" W 45.38 FEET; THENCE N 45°00'00" W 14.5 FEET TO THE BEGINNING OF THE DESCRIBED AREA AT ANON-TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT 44.36 FEET, SAID CURVE HAVING A RADIUS OF 29.50.00 FEET, A CENTRAL ANGLE OF 86°09'30", TANGENTS OF 27.59 FEET AND A CHORD WHICH BEARS N 01°55'15" E 40.30 FEET TO ANON-TANGENT REVERSE CURVE; -20- 161773-0063/P DXDOCS:1967113.2 THENCE ALONG A CURVE TO THE LEFT 27.54 FEET, SAID CURVE HAVING A RADIUS OF 214.50.00 FEET, A CENTRAL ANGLE OF 07°21'25", TANGENTS OF 13.79 FEET AND A CHORD WHICH BEARS S 44°50'13" E 27.52 FEET TO POINT; THENCE S 45°00500 W 29.36 FEET TO THE BEGINNING OF THE EASEMENT AREA; EASEMENT `C' S. TOUCHMARK WAY AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 06°36'41" W 1439.27 FEETTO A POINTATTHE CENTER LINE INTERSECTION OF S. TOUCHMARK WAY, E.PUTTER LANE AND E. CLOCKTOWER LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; EASEMENT BEING 32.5 FEET RIGHT AND 32.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: N 52°40'53" W 148.86 FEET TO A POINT; EASEMENT BEING 40.5 FEET RIGHT AND 32.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: N 52°40'53" W 10.00 FEETTO A POINT; EASEMENT BEING 32.5 FEET RIGHT AND 32.5 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: N 52°40'53" W 73.87 FEETTO A POINT; THENCE LEAVING SAID CENTER LINE AND BEGINNING A DESCRIBED EASEMENT AREA ALONG THE FOLLOWING AS FOLLOWS: S 37°19'07" W 9.50 FEET TO A POINT; THENCE N 52°40'53" W 3.00 FEET TO A POINT CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 29.85 FEET, SAID CURVE HAVING A RADIUS OF 9.50 FEET, A CENTRAL ANGLE OF 180°00'00", TANGENTS OF 9.50 FEET AND A CHORD WHICH BEARS N 37°19'07" E 19.00 FEET TO A POINT; THENCE S 52°40'53" E 3.00 FEETTO A POINT; THENCE S 37°19'07" W 9.50 FEET TO THE BEGINNING OF THIS EASEMENT AREA. -21- 161773-0063/P DXDOCS:7 967113.2 ALSO SAID EASEMENT INCLUDES THE FOLLOWING DESCRIBED AREA: FROM SAID INTERSECTION OF S. TOUCHMARK WAY AND E. PUTTER LANE; THENCE ALONG A CURVE TO THE LEFT 30.42 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF OS°42'53", TANGENTS OF 15.24 FEETAND A CHORD WHICH BEARS S 32°57'40" W 30.39 FEET TO A POINT; THENCE N 61°23'46" W 14.5 FEET TO APOINT OF ANON-TANGENT CURVE, ALSO BEING THE BEGINNING OF THE DESCRIBED AREA; THENCE ALONG A CURVE TO THE RIGHT 22.48 FEET, SAID CURVE HAVING A RADIUS OF 214.5 FEET, A CENTRAL ANGLE OF 06°00'20", TANGENTS OF 11.25 FEET AND A CHORD WHICH BEARS S 25°36'04" W 22.47 FEETTO A POINTOF NON-TANGENT REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 38.76 FEET, SAID CURVE HAVING A RADIUS OF 29.5 FEET, A CENTRAL ANGLE OF 75°16'47", TANGENTS OF 22.75 FEET AND A CHORD WHICH BEARS N 15°02'30" W 36.03 FEET TO A POINT; THENCE S 52°40'53" E 23.97 FEETTO A POINT OF BEGINNING OF THIS AREA EASEMENT; ALSO SAID EASEMENT INCLUDES THE FOLLOWING DESCRIBED AREA: FROM SAID INTERSECTION OF S. TOUCHMARK WAY AND E. PUTTER LANE; THENCE N 37°19'07" E 32.50 FEET TO A POINT; THENCE N 52°40'53" W 14.5 FEET TO A POINT, ALSO BEING THE BEGINNING OF THE DESCRIBED AREA; THENCE N 52°40'07" W 29.5 FEETTO A POINT OF NON-TANGENT REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 46.34 FEET, SAID CURVE HAVING A RADIUS OF 29.5 FEET, A CENTRAL ANGLE OF 90°00'00", TANGENTS OF 29.5 FEET AND A CHORD WHICH BEARS N 82°19'07" 41.72 FEET TO A POINT; THENCE S 37°19'07" W 29.5 FEET TO A POINT OF BEGINNING OF THIS AREA EASEMENT; EASEMENT `E' E. SPLENDOR LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 34°58'39" E 1164.21 FEET TO A POINT ATTHE CENTER LINE INTERSECTION OF S. ARBOR LANE AND E. SPLENDOR LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; EASEMENT BEING 22 FEET RIGHT AND 22 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; -22- 161773-0063/PDX DOCS:1967113.2 THENCE N 67°12'22" E 43.06 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 59.69 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 17°06'01", TANGENTS OF 30.07 FEET AND A CHORD WHICH BEARS N 75°45'22" E 59.47 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 104.51 FEET, SAID CURVE HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 35°13'30", TANGENTS OF 53.97 FEET AND A CHORD WHICH BEARS N 66°41'38" E 102.88 FEET TO A POINT; THENCE LEAVING SAID CENTER LINE AND BEGINNING A DESCRIBED EASEMENT AREA ALONG THE FOLLOWING AS FOLLOWS: THENCE N 40°55'07" W 22.00 FEET TO A POINT OF NON-TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT 4.60 FEET, SAID CURVE HAVING A RADIUS OF 148.00 FEET, A CENTRAL ANGLE OF 01°46'55", TANGENTS OF 2.30 FEET AND A CHORD WHICH BEARS N 48°11'25" E 4.60 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE LEFT 76.00 FEET, SAID CURVE HAVING A RADIUS OF 91.50 FEET, A CENTRAL ANGLE OF 47°35'35", TANGENTS OF 40.35 FEET AND A CHORD WHICH BEARS N 23°30'10" E 73.84 FEETTO A POINT; THENCE N 57°18'14" E 16.12 FEETTO A POINT; THENCE N 32°41'46" E 10.00 FEET TO A POINT; THENCE N 57°18'14" W 9.67 FEETTO A POINT OF NON-TANGENT CURVE; THENCE ALONG A CURVE TO THE RIGHT 122.41 FEET, SAID CURVE HAVING A RADIUS OF 48.00 FEET, A CENTRAL ANGLE OF 146°06'49", TANGENTS OF 157.55 FEET AND A CHORD WHICH BEARS E 78°17'24" E 91.83 FEET TO A POINT; THENCE N 28°39'16" E 33.47 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT 115.75 FEET, SAID CURVE HAVING A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 120°34'36", TANGENTS OF 96.38 FEET AND A CHORD WHICH BEARS N 31°38'02" E 95.54 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 59.44 FEET, SAID CURVE HAVING A RADIUS OF 79.50 FEET, A CENTRAL ANGLE OF 42°50'27", TANGENTS OF 31.19 FEET AND A CHORD WHICH BEARS N 70°30'06" E 58.07 FEETTO A POINT; THENCE N 49°04'53" E 6.82 FEETTO A POINT; THENCE N 40°55'07" W 22.00 FEET TO THE BEGINNING OFTHE EASEMENT AREA. -23- 161773-0063/PDXDOC5:1967113.2 EASEMENT'F' 5. WERNER LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THEN 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 42°54'43" E 992.56 FEETTO A POINTATTHE CENTER LINE INTERSECTION OF S. ARBOR LANE ANDS. WERNER LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; EASEMENT BEING 22 FEET RIGHT AND 22 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: THENCE S 69°17'50" E 73.48 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 166.28 FEET, SAID CURVE HAVING A RADIUS OF 567.00 FEET, A CENTRAL ANGLE OF 16°48'10", TANGENTS OF 83.74 FEET AND A CHORD WHICH BEARS S 60°53'45" E 165.69 FEETTO A POINT OF COMPOUND CURVE; SAID POINTALSO BEING THE INTERSECTION OF S. WERNER LANE ANDS. CATHERINE LANE; THENCE ALONG A CURVE TO THE RIGHT 39.04 FEET, SAID CURVE HAVING A RADIUS OF 567.00 FEET, A CENTRAL ANGLE OF 03°56'44", TANGENTS OF 19.53 FEET AND A CHORD WHICH BEARS S 50°31'18" E 39.04 FEETTO A POINTOF COMPOUND CURVE; EASEMENT BEING 22 FEET RIGHT AND 33 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 9.63 FEET, SAID CURVE HAVING A RADIUS OF 567.00 FEET, A CENTRAL ANGLE OF 00°58'22", TANGENTS OF 4.81 FEET AND A CHORD WHICH BEARS S 48°03'45" E 9.63 FEETTO A POINTOF COMPOUND CURVE; SAID POINTALSO BEING THE INTERSECTION S. WERNER LANE AND ALLEY; EASEMENT BEING 22 FEET RIGHT AND 22 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE RIGHT 16.06 FEET, SAID CURVE HAVING A RADIUS OF 567.00 FEET, A CENTRAL ANGLE OF 01°37'22", TANGENTS OF 8.03 FEET AND A CHORD WHICH BEARS S 46°45'53" E 16.06 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT 37.05 FEET, SAID CURVE HAVING A RADIUS OF 567.00 FEET, A CENTRAL ANGLE OF 03°44'38", TANGENTS OF 18.53 FEET AND A CHORD WHICH BEARS S 44°04'53" E 37.04 FEET TO A POINT OF COMPOUND CURVE; THENCE LEAVING SAID CENTER LINE AND BEGINNING A DESCRIBED EASEMENT AREA ALONG THE FOLLOWING AS FOLLOWS: THENCE N 47°47'26" E 22.00 FEET TO A POINT; -24- 161773-0063/PDXDOCS:1967113.2 THENCE N 42°07'50" E 1.62 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 60.39 FEET, SAID CURVE HAVING A RADIUS OF 49.00 FEET, A CENTRAL ANGLE OF 70°37'09", TANGENTS OF 34.71 FEET AND A CHORD WHICH BEARS S 77°21'39" E 56.64 FEETTO A POINTOF REVERSE CURVE; THENCE ALONG A CURVE TO THE RIGHT 34.75 FEET, SAID CURVE HAVING A RADIUS OF 43.00 FEET, A CENTRAL ANGLE OF 46°18'16", TANGENTS OF 18.39 FEET AND A CHORD WHICH BEARS S 89°31'05" E 33.81 FEETTO A POINTOF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 60.01 FEET, SAID CURVE HAVING A RADIUS OF 68.00 FEET, A CENTRAL ANGLE OF 50°33'39", TANGENTS OF 32.12 FEETAND A CHORD WHICH BEARS N 88°21'13" E 58.08 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE RIGHT 173.42 FEET, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 198°43'276", TANGENTS OF 303.27 FEET AND A CHORD WHICH BEARS S 17°33'53" E 98.67 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE LEFT 231.36 FEET, SAID CURVE HAVING A RADIUS OF 237.00 FEET, A CENTRAL ANGLE OF 55°55'52", TANGENTS OF 125.83 FEET AND A CHORD WHICH BEARS N 70°14'14" W 222.28 FEET TO A POINT OF REVERSE CURVE; THENCE N 42°00'51" W 2.10 FEETTO A POINT; THENCE N 47°47'26" E 22.00 FEET TO THE BEGINNING OF THE EASEMENT AREA. EASEMENT 'G' S. CATHERINE LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 55°06'00" E 1084.31 FEETTO A POINT ATTHE CENTER LINE INTERSECTION OF S. CATHERINE LANE ANDS. WERNER LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; EASEMENT BEING 22 FEET RIGHT AND 22 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: THENCE N 35°27'53" E 106.10 FEET TO A POINT; THENCE LEAVING SAID CENTER LINE AND BEGINNING A DESCRIBED EASEMENT AREA ALONG THE FOLLOWING AS FOLLOWS: -25- 161773-0063/PDXDOCS:1967113.2 N 54°32'07" W 22.00 FEET TO APOINT OF ANON-TANGENT CURVE; THENCE ALONG A CURVE TO THE RIGHT 25.94 FEET, SAID CURVE HAVING A RADIUS OF 236.00 FEET, A CENTRAL ANGLE OF 06°17'49", TANGENTS OF 12.98 FEET AND A CHORD WHICH BEARS N 38°36'47" E 25.92 FEETTO A POINTOF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 27.54 FEET, SAID CURVE HAVING A RADIUS OF 33.00 FEET, A CENTRAL ANGLE OF 47°48'49", TANGENTS OF 14.63 FEET AND A CHORD WHICH BEARS N 17°S1'18" E 26.75 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT 101.63 FEET, SAID CURVE HAVING A RADIUS OF 62.00 FEET, A CENTRAL ANGLE OF 93°S7'SS", TANGENTS OF 66.45 FEET AND A CHORD WHICH BEARS N 40°SS'S1" E 90.66 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 70.23 FEET, SAID CURVE HAVING A RADIUS OF 108.00 FEET, A CENTRAL ANGLE OF 37°1S'3S", TANGENTS OF 36.41 FEET AND A CHORD WHICH BEARS N 78°49'49" W 122.19 FEETTO A POINTOF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT 186.78 FEET, SAID CURVE HAVING A RADIUS OF 49.00 FEET, A CENTRAL ANGLE OF 218°23'SS", TANGENTS OF -140.71 FEETAND A CHORD WHICH BEARS S 20°08'49" W 92.55 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 167.42 FEET, SAID CURVE HAVING A RADIUS OF 179.00 FEET, A CENTRAL ANGLE OF 53°3S'16", TANGENTS OF 90.40 FEET AND A CHORD WHICH BEARS S 62°1S'30" W 161.38 FEETTO A POINT; THENCE S 35°27'S3" W 3.63 FEETTO A POINT; THENCE N S4°32'07" W 22.00 FEET TO THE BEGINNING OF THE EASEMENT AREA. EASEMENT'H' S. SPELMAN LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 43°46'56" E 787.74 FEET TO A POINT AT THE CENTER LINE INTERSECTION OF S. SPELMAN LANE ANDS. ARBOR LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; EASEMENT BEING 22 FEET RIGHT AND 22 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: THENCE S 42°45'30" E 118.65 FEETTO A POINT; -26- 161773-0063/PDXDOCS:1967113.2 THENCE ALONG A CURVE TO THE RIGHT 154.28 FEET, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 29°27'55", TANGENTS OF 78.89 FEET AND A CHORD WHICH BEARS S 28°01'33" E 152.59 FEETTO A POINT; THENCE S 13°17'35" E 27.11 FEET TO A POINT; EASEMENT BEING 33 FEET RIGHT AND 22 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: THENCE S 13°17'35" E 27.11 FEETTO A POINT; EASEMENT BEING 22 FEET RIGHT AND 22 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: THENCE S 13°17'35" E 3.92 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT 204.19 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 77°59'43", TANGENTS OF 121.46 FEET AND A CHORD WHICH BEARS S 52°17'27" E 188.79 FEET TO A POINT; THENCE LEAVING SAID CENTER LINE AND BEGINNING A DESCRIBED EASEMENT AREA ALONG THE FOLLOWING AS FOLLOWS: THENCE N 01°17'18" W 22.00 FEETTO APOINT OF ANON-TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT 22.54 FEET, SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 53°48'39", TANGENTS OF 12.18 FEET AND A CHORD WHICH BEARS N 61°48'22" E 21.72 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE RIGHT 106.75 FEET, SAID CURVE HAVING A RADIUS OF 79.00 FEET, A CENTRAL ANGLE OF 77°25'25", TANGENTS OF 63.32 FEET AND A CHORD WHICH BEARS N 73°36'45" E 98.81 FEETTO A POINTOF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 72.09 FEET, SAID CURVE HAVING A RADIUS OF 107.00 FEET, A CENTRAL ANGLE OF 38°36'11", TANGENTS OF 37.47 FEET AND A CHORD WHICH BEARS 86°58'38" E 70.74 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT 188.27 FEET, SAID CURVE HAVING A RADIUS OF 49.00 FEET, A CENTRAL ANGLE OF 220°08'36", TANGENTS OF -134.10 FEET AND A CHORD WHICH BEARS S 03°47'35". W 92.05 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 123.20 FEET, SAID CURVE HAVING A RADIUS OF 278.00 FEET, A CENTRAL ANGLE OF 25°23'26", TANGENTS OF 62.63 FEET AND A CHORD WHICH BEARS N 78°49'49" W 122.19 FEETTO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE LEFT 29.25 FEET, SAID CURVE HAVING A RADIUS OF 97.50 FEET, A CENTRAL ANGLE OF 17°11'18", TANGENTS OF 14.74 FEET AND A CHORD WHICH BEARS S 79°52'49" W 29.14 FEETTO A POINT REVERSE CURVE; _Z']_ 161773-0063/PDXDOCS:1967113.2 THENCE ALONG A CURVE TO THE RIGHT 29.50 FEET, SAID CURVE HAVING A RADIUS OF 97.00 FEET, A CENTRAL ANGLE OF 17°25'31", TANGENTS OF 14.87 FEET AND A CHORD WHICH BEARS S 79°59'56" W 29.39 FEET TO A POINT OF REVERSE CURVE; THENCE N 01°17'18" W 22.00 FEET TO THE BEGINNING OF THE EASEMENT AREA. EASEMENT `I' ALLEY BETWEEN S. SPELMAN LANE AND 5. WERNER LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 65°25'54" E 773.31 FEETTO A POINT AT THE CENTER LINE INTERSECTION OF S. SPELMAN LANE AND ALLEY SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; EASEMENT BEING 12 FEET RIGHT AND 12 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: THENCE ALONG A CURVE TO THE RIGHT 353.24 FEET, SAID CURVE HAVING A RADIUS OF 588.00 FEET, A CENTRAL ANGLE OF 34°25'13", TANGENTS OF 182.13 FEETAND A CHORD WHICH BEARS N 42°28'59" E 347.95 FEETTO A POINT; EASEMENT'J' S. HALLENBECK LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 43°59'52" E 522.01 FEETTO A POINT AT THE CENTER LINE INTERSECTION OF S. HALLENBECK LANE ANDS. ARBOR LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; EASEMENT BEING 35 FEET RIGHT AND 35 FEET LEFT OF THE FOLLOWING COURSES AND DISTANCES: THENCE S 31°11'28" E 24.00 FEET TO A POINT; THENCE LEAVING SAID CENTER LINE AND BEGINNING A DESCRIBED EASEMENT AREA ALONG THE FOLLOWING AS FOLLOWS: _28_ 161773-0063lPDXDOCS:1967113.2 THENCE ALONG A CURVE TO THE LEFT 37.04 FEET, SAID CURVE HAVING A RADIUS OF 349.00 FEET, A CENTRAL ANGLE OF 06°04'50", TANGENTS OF 18.54 FEET AND A CHORD WHICH BEARS N 55°46'07" E 37.02 FEETTO APOINT OF ANON-TANGENT COMPOUND CURVE; THENCE ALONG A CURVE TO THE LEFT 19.21 FEET, SAID CURVE HAVING A RADIUS OF29.00 FEET, A CENTRAL ANGLE OF 37°56'58", TANGENTS OF 9.97 FEET AND A CHORD WHICH BEARS S 14°20'37" E 18.86 FEET TO A POINT; THENCE N 64°25'08" E 12.14 FEETTO A POINT; THENCE S 23°34'52" E 10.00 FEET TO A POINT; THENCE S 64°25'08" W 10.70 FEET TO A POINT OF NON-TANGENT CURVE; THENCE ALONG A CURVE TO THE RIGHT 58.41 FEET, SAID CURVE HAVING A RADIUS OF 197.00 FEET, F CENTRAL ANGLE OF 16°59'14", TANGENTS OF 29.42 FEETAND A CHORD WHICH BEARS S 23°53'46" E 59.19 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 17.76 FEET, SAID CURVE HAVING A RADIUS OF233.00 FEET, A CENTRAL ANGLE OF 04°17'35", TANGENTS OF 8.73 FEET AND A CHORD WHICH BEARS S 17°32'56" E 17.45 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE LEFT 23.00 FEET, SAID CURVE HAVING A RADIUS OF 49.00 FEET, A CENTRAL ANGLE OF 26°53'19", TANGENTS OF 11.71 FEET AND A CHORD WHICH BEARS S 33°08'24" E 22.79 FEET TO A POINT REVERSE CURVE; THENCE ALONG A CURVE TO THE RIGHT 199.10 FEET, SAID CURVE HAVING A RADIUS OF 49.00 FEET, A CENTRAL ANGLE OF 232°48'49", TANGENTS OF -98.68 FEET AND A CHORD WHICH BEARS S 69°49'21" W 87.77 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT 96.72 FEET, SAID CURVE HAVING A RADIUS OF173.00 FEET, A CENTRAL ANGLE OF 32°02'02", TANGENTS OF 49.66 FEET AND A CHORD WHICH BEARS N 09°47'15" W 95.47 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE LEFT 20.98 FEET, SAID CURVE HAVING A RADIUS OF 29.00 FEET, A CENTRAL ANGLE OF 41°26'52", TANGENTS OF 10.97 FEET AND A CHORD WHICH BEARS N 46°31'42" W 20.52 FEETTO A POINT NON-TANGENT COMPOUND CURVE; THENCE ALONG A CURVE TO THE LEFT 35.58 FEET, SAID CURVE HAVING A RADIUS OF 349.00 FEET, A CENTRAL ANGLE OF OS°50'30", TANGENTS OF 17.81 FEETAND A CHORD WHICH BEARS N 61°43'47" E 35.57 FEET TO THE BEGINNING OF THE EASEMENT AREA. -29- 161773-0063/PDXDOCS:1967113.2 area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, other than streets, roadways, and sidewalks. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. I IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: TOUCHMARK OF THE TREASURE VALLEY, LLC (TBID), an Oregon Limited Liability Company: By: Touchmark Living Centers, Inc., Manager By: ~~tn ~ 1'la~an Werner G. Nistler, Jr., Chairman and CEO State of OREGON County of ~~j-jh7Y)Q~ This instrument was acknowledged before me on ~ 2 Z , 2012, by Werner G. Nistler, Jr, as Chairman and CEO of Touchmark Living, Cente s, Inc., an Oregon corporation, as Manager of Touchmark of the Treasure Valley, LLC (TBID), an Oregon limited liability company. ' ~~~~~~ Notary Public for the State of Oregon oPRCw.sEu RACNAEL P ROD(iERS NOTARY PUBLIC • OREQON COMMI6610N N0. A4382T6 IA'f COMUISBION EXPIRES FEBRUARY 21, 2013 -2- 161773-0063/PDXDOCS:1967106.2 GRANTEE: CITY OF MERIDIAN ~1~ d~da'~r~ ~7'~~~°°7'""l'~ L. Holman, City Clerk ~ Gty of E IDI~ IAN,'~- IOANO SEAL V - i~ Approved by City Council On: /' ~ " I d~ STATE OF IDAHO ) ss County of Ada ) On this ~_ day of ~„~, 20 iz , before , th&& undersigned, a Notary Public in and for said State, personally appeared ~~ah~cYJt~YCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,,...... •N,:.a Jo~.~ ~ .° ~'1• o~A~ t~' f' ~ ` S ' ~ ~ ~' $ ~ 'G U1~~.IdD~c-~f G . . ~ NOTARY PUB C FOR IDAHO ~, (SEAL) ;. ~ Residing at: ~~o~r 11.E ~' p~L1Q•~o: •~'~ Commission Expires: JaN ~,~0~4 : T~ OF ~~:~ • • ..... -3- 161773-0063/PDX DDCS:19677 06.2 EXHIBIT A Legal Description of Grantor's Property PARCEL "A": A PARCEL OF LAND LYING IN THE NE'/,, NW'/, OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, THENCE S 89°28'47" E 2706.23 FEET ALONG THE NORTH LINE OF THE NW 1/40F SAID SECTION 16 TO A POINT MARKING THE N'/, CORNER OF SAID SECTION 16; THENCE LEAVING SAID NORTH LINE ALONG EASTERLY BOUNDARY OF SAID NW 1/4 S 00°13'01" E 60.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF E. FRANKLIN ROAD; ALSO SAID POINT BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING THE SOUTH RIGHT OF WAY OF SAID E. FRANKLIN ROAD THE FOLLOWING: THENCE S 00°13'01" E 879.06 FEET TO A POINT; THENCE N 85°31'47" W 235.00 FEETTO A POINT; THENCE N 00°13'01" W 862.87 FEET; THENCE 5 89°28'47" E 234.23 FEET TO A POINT; TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; SAID PARCEL CONTAINS 4.68 ACRES MORE OR LESS AND IS SUBJECTTO EASEMENTS OF RECORD. BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF SAID NW 1/4 OF SECTION 16, BEARING S 89°28'47" E. PARCEL "B": A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, THENCE S 89°28'47" E 1759.86 FEET ALONG THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 16, SAID POINT ALSO BEING THE CENTER LINE OF S. TOUCHMARK WAY; THENCE LEAVING SAID NORTH LINE AND ALONG SAID CENTER LINES 00°00'00" E 60.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF E. FRANKLIN ROAD; THENCE LEAVING SAID CENTER LINES 89°28'47" E 71:28 FEET TO A POINT ALONG SAID SOUTH RIGHT OF WAY SAID POINT ALSO BEING THE EASTERLY RIGHT OF WAY OF S. TOUCHMARK WAY THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; -4- 161773-0063/PDXDOCS:7 967106.2 THENCE ALONG SAID SOUTH RIGHT OF WAY AND LEAVING SAID EASTERLY RIGHT OF WAY THE FOLLOWING: THENCE S 89°28'47" E 641.12 FEETTO A POINT; THENCE LEAVING SAID SOUTH RIGHT OF WAY THE FOLLOWING: THENCE S 00°13'01" E 862.87 FEET TO A POINT; THENCE S 85°31'47" E 235.00 FEET TO A POINT; THENCE N 00°13'01" W 879.06 FEET TO A POINT ON SAID SOUTH RIGHT OF WAY; THENCE ALONG SAID SOUTH RIGHT OF WAYTHE FOLLOWING; THENCE N 00°13'01" W 20.00 FEET TO A POINT; THENCE S 89°29'19" E 1351.22 FEETTO A POINT; THENCE LEAVING SAID SOUTH RIGHT OF WAY THE FOLLOWING: THENCE S 00°06'30" E 518.08 FEET TO A POINT; THENCE N 82°17'38" W 7.63 FEET TO A POINT; THENCE N 79°33'15" W 449.48 FEETTO A POINT; THENCE S 80°42'48" W 116.19 FEET TO A POINT THENCE S 2S°35'37" W 195.09 FEET TO A POINT; THENCE S 22°39'37" E 150.00 FEET TO A POINT; THENCE S 89°59'55" W 348.44 FEETTO A POINT; THENCE S 77°21'24" W 415.66 FEET TO A POINT; THENCE S 00°13'01" E 145.00 FEET TO A POINT; THENCE N 62°24'17" W 12.43 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 136.81 FEET, SAID CURVE HAVING A RADIUS OF 238.50 FEET, A CENTRAL ANGLE OF 32°51'59", TANGENTS OF 70.34 FEET AND A CHORD WHICH BEARS S 53°4S'06" W 134.94 FEETTO A POINT; THENCE S 37°19'07" W 17.42 FEETTO A POINT; THENCE S 07°40'S3" E 12.73 FEET TO A POINT; -5- 161773-0063/PDXDOCS:1967106.2 ~ THENCE S 37°19'07" W 14.79 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 46.34 FEET, SAID CURVE HAVING A RADIUS OF 29.50 FEET, A CENTRAL ANGLE OF 90° 00'00", TANGENTS OF 29.50 FEET AND A CHORD WHICH BEARS S 82°19'07" W 41.72 FEET TO A POINT; THENCE N 52°40'53" W 188.73 FEETTO A POINTOF CURVATURE; THENCE N 37°19'07" E 5.76 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 61.70 FEET, SAID CURVE HAVING A RADIUS OF 57.50 FEET, A CENTRAL ANGLE OF 61° 28'32", TANGENTS OF 34.19 FEET AND A CHORD WHICH BEARS N 16°27'17" W 58.78 FEETTO A POINT; THENCE N 52°40'53" W 50.96 FEETTO A POINTOF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 82.29 FEET, SAID CURVE HAVING A RADIUS OF 68.00 FEET, A CENTRAL ANGLE OF 69° 19'58", TANGENTS OF 47.03 FEET AND A CHORD WHICH BEARS N 87°20'52" W 77.36 FEET TO A POINT; THENCE N 52°40'53" W 28.37 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 214.29 FEET, SAID CURVE HAVING A RADIUS OF 329.00 FEET, A CENTRAL ANGLE OF 37° 19'07", TANGENTS OF 111.10 FEET AND A CHORD WHICH BEARS N 71°20'26" W 210.52 FEETTO A POINT; THENCE N 90°00'00" W 141.19 FEETTO A POINTOF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 313.93 FEET, SAID CURVE HAVING A RADIUS OF 271.00 FEET, A CENTRAL ANGLE OF 66°22'19", TANGENTS OF 177.24 FEET AND A CHORD WHICH BEARS N 56°48'50" W 296.67 FEETTO A POINTOF COMPOUND CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 62.34 FEET, SAID CURVE HAVING A RADIUS OF 37.50 FEET, A CENTRAL ANGLE OF 95°15'01", TANGENTS OF 41.10 FEET AND A CHORD WHICH BEARS N 23°59'49" E 55.41 FEETTO A POINT; THENCE N 00°00'00" W 25.31 FEETTO A POINT OF NON-TANGENT CURVATURE; THENCE ALONG A CURVE TO THE LEFT 7.46 FEET, SAID CURVE HAVING A RADIUS OF 90.16 FEET, A CENTRAL ANGLE OF 04° 44'33", TANGENTS OF 3.73 FEET AND A CHORD WHICH BEARS S 79°55'50" W 7.46 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 4.20 FEET, SAID CURVE HAVING A RADIUS OF 2.50 FEET, A CENTRAL ANGLE OF 96°11'58", TANGENTS OF 2.79 FEET AND A CHORD WHICH BEARS N 54°20'27" W 3.72 FEETTO A POINT; -6- 161773-0063lPDXDOC 5:1967106.2 THENCE N 04°01'30" W 14.26 FEET TO A POINT; THENCE S 74°51'09" E 11.78 FEETTO A POINT; THENCE N 00°00'00" E 29.11 FEETTO A POINT OF NON-TANGENT CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 69.51 FEET, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 79°38'49", TANGENTS OF 41.69 FEET AND A CHORD WHICH BEARS N 26°06'36" W 64.04 FEETTO A POINTOFCOMPOUNDCURVATURE; THENCE ALONG A CURVE TO THE RIGHT 118.33 FEET, SAID CURVE HAVING A RADIUS OF 261.50 FEET, A CENTRAL ANGLE OF 25°55'39", TANGENTS OF 60.20 FEET AND A CHORD WHICH BEARS N 27°40'38" E 117.33 FEETTO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 311.04 FEET, SAID CURVE HAVING A RADIUS OF 438.50 FEET, A CENTRAL ANGLE OF 40° 38'27", TANGENTS OF 162.38 FEET AND A CHORD WHICH BEARS N 20°19'13" E 304.56 FEETTO A POINT; THENCE N 00°00'00" W 68.71 FEETTO A POINT; THENCE N 45°15'36" E 46.14 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL CONTAINS 36.43 ACRES MORE OR LESS AND IS SUBJECTTO EASEMENTS OF RECORD. BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF SAID NW 1/4 OF SECTION 16, BEARINGS 89°28'47" E. / PARCEL "D": A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 16, THENCE S 89°28'47" E 2706.25 FEET ALONG THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 16 TO THE NORTH 1/4 CORNER OF SAID SECTION; THENCE LEAVING SAID NORTH LINE AND ALONG THE EAST LINE OF SAID NW 1/4 SECTION 16 S 00°13'01" E 2656.81 FEET TO A POINT ALSO BEING THE CENTER OF SAID SECTION 16, AND THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°23'35" W 625.37 FEET TO A POINT; THENCE N 85°44'30" W 25.58 FEETTO A POINT; THENCE N 00°00'00" W 1200.11 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 211.36 FEET, SAID CURVE HAVING A RADIUS OF 324.50 FEET, A CENTRAL ANGLE OF 37°19'07", TANGENTS OF 109.58 FEET AND A CHORD W HIGH BEARS N 18°39'33" E 207.64 FEETTO A POINT; THENCE N 37°19'07" E 200.20 FEETTO A POINT; C THENCE S 52°40'53" E 37.45 FEET TO A POINT OF CURVATURE; -7- 161773-0063IPDXDOCS:1967106.2 ( THENCE ALONG A CURVE TO THE RIGHT 61.40 FEET, SAID CURVE HAVING A RADIUS OF 64.00 FEET, A CENTRAL ANGLE OF 54°58'18", TANGENTS OF 33.30 FEET AND A CHORD WHICH BEARS S 88°15'05" E 59.08 FEET TO A POINT; THENCE N 37°19'07" E 6.14 FEET TO A POINT; THENCE S 52°40'53" E 196.74 FEET TO A POINT OF CURVATION; THENCE ALONG A CURVE TO THE RIGHT 38.76 FEET, SAID CURVE HAVING A RADIUS OF 29.50 FEET, A CENTRAL ANGLE OF 75°16'47", TANGENTS OF 22.75 FEET AND A CHORD WHICH BEARS S 15°02'30" E 36.03 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 14.83 FEET,.SAID CURVE HAVING A RADIUS OF 214.50 FEET, A CENTRAL ANGLE OF 03°57'42", TANGENTS OF 7.42 FEET AND A CHORD WHICH BEARS S 20°37'03" W 14.83 FEET TO A POINT; THENCE S 63°34'53" W 12.49 FEETTO A POINT OF NON-TANGENT CURVATURE; THENCE ALONG A CURVE TO THE LEFT 200.11 FEET, SAID CURVE HAVING A RADIUS OF 223.50 FEET, A CENTRAL ANGLE OF 51°17'57", TANGENTS OF 107.32 FEETAND A CHORD WHICH BEARS S 09°16'48" E 193.49 FEET TO A POINT; THENCE S 82°08'30" E 12.49 FEET TO A POINT OF NON-TANGENT CURVATURE; THENCE ALONG A CURVE TO THE LEFT 14.83 FEET, SAID CURVE HAVING A RADIUS OF 214.50 FEET, A CENTRAL ANGLE OF 03°57'42", TANGENTS OF 7.42 FEET AND A CHORD WHICH BEARS S 39°10'40" E 14,83 FEET TO A POINT TO A REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 44.36 FEET, SAID CURVE HAVING A RADIUS OF 29.50 FEET, A CENTRAL ANGLE OF 86°09'30", TANGENTS OF27.59 FEET AND A CHORD WHICH BEARS S 01°55'15" W 40.30 FEET TO A POINT; THENCE S 45°00'00" W 14.79 FEET TO A POINT; THENCE N 90°00'00" W 12.73 FEETTO A POINT; THENCE S 45°00'00" W 115.93 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 175.54 FEET, SAID CURVE HAVING A RADIUS OF 223.50 FEET, A CENTRAL ANGLE OF 45°00'00", TANGENTS OF 92.58 FEET AND A CHORD WHICH BEARS S 22°30'00" W 171.06 FEETTO A POINT; THENCE S 00°00'00" E 198.89 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 248.93 FEET, SAID CURVE HAVING A RADIUS OF 203.50 FEET, A CENTRAL ANGLE OF 70°05'12", TANGENTS OF 142.72 FEETAND A CHORD WHICH BEARS S 35°02'36" E 233.70 FEET TO A POINT; -8- 161773-0063IP DXDOCS:1967106.2 THENCE N 64°20'07" E 12.71 FEET TO A POINT; THENCE 5 70°39'53" E 48.86 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 125.83 FEET, SAID CURVE HAVING A RADIUS OF 290.50 FEET, A CENTRAL ANGLE OF 24°49'05", TANGENTS OF 63.92 FEET AND A CHORD WHICH BEARS S 58°15'20" E 124.85 FEET TO A POINT; THENCE S 00°55'43" E 12.58 FEETTO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 118.66 FEET, SAID CURVE HAVING A RADIUS OF 348.50 FEET, A CENTRAL ANGLE OF 19°30'32", TANGENTS OF 59.91 FEET AND A CHORD WHICH BEARS S 57°03'58" E 118.09 FEET TO A POINT; THENCE N 66°43'05" E 12.57 FEETTO A POINTOF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 146.77 FEET, SAID CURVE HAVING A RADIUS OF 339.50 FEET, A CENTRAL ANGLE OF 24°46'10", TANGENTS OF 74.55 FEET AND A CHORD WHICH BEARS S 80°39'59" E 145.63 FEET TO A POINT; THENCE S 48°05'10" E 12.57 FEETTO A POINT OF CURVATURE; THENCE ALONG CURVE TO THE LEFT 40.36 FEET, SAID CURVE HAVING A RADIUS OF 348.50 FEET, A CENTRAL ANGLE OF 06°38'09",TANGENTS OF 20.20 FEET AND A CHORD WHICH BEARS N 82°10'05" E 40.34 FEET TO A POINT; THENCE S 00°05'24" W 314.37 FEET TO A POINT; THENCE N 89°23'43" W 261.20 FEET TO A POINT; TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 17.57 ACRES MORE OR LESS AND IS SUBJECTTO EASEMENTS OF RECORD. BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF SAID NW 1/4 OF SECTION 16, BEARING 5 89°28'47" E. -9- 161773-0063/PDXDOCS:1967106.2 EXHIBIT B Legal Description of Easement EASEMENT'D' WEST OF E. CLOCKTOWER LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE CENTER OFSECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 10°01'4S" W 1320.79 FEETTO A POINT ON THE WESTERLY BOUNDARY EASEMENT ALONG E. CLOCKTOWER LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG A CURVE TO THE LEFT 20.09 FEET, SAID CURVE HAVING A RADIUS OF 223.50 FEET, A CENTRAL ANGLE OF OS°08'S9", TANGENTS OF 10.05 FEET AND A CHORD WHICH BEARS S 04°35'11" E 20.08 FEET TO A POINT; THENCE N 89°26'11" W 305.37 FEETTO A POINT; THENCE N 00°33'49" E 20.00 FEETTO A POINT; THENCE S 89°26'11" E 303.57 FEET TO THE BEGINNING OF THIS EASEMENT AREA. EASEMENT'K' SOUTH OF S. ARBOR LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, THENCE N 18°02'28" E 342.54 FEETTO A POINT ON THE SOUTHERLY BOUNDARY EASEMENT B ALONG ARBOR LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG A CURVE TO THE LEFT 11.79 FEET, SAID CURVE HAVING A RADIUS OF 339.50 FEET, A CENTRAL ANGLE OF 01°59'21", TANGENTS OF 5.89 FEET AND A CHORD WHICH BEARS S 7S°56'08" E 11.79 FEETTO A POINT; THENCE S 13°04'12" W 35.50 FEET TO A POINT; -10- 161773-0063/P DXDOCS:1967106.2 THENCE ALONG A CURVE TO THE RIGHT 13.02 FEET, SAID CURVE HAVING A RADIUS OF 375.00 FEET, A CENTRAL ANGLE OF 01°S9'21", TANGENTS OF 6.51 FEET AND A CHORD WHICH BEARS N 7S°56'08" W 13.02 FEETTO A POINT; THENCE N 1S°03'33" E 35.50 FEET TO THE BEGINNING OFTHIS EASEMENT AREA. EASEMENT °L' SOUTH OF S. ARBOR LANE AN EASEMENT OVER A PARCEL OF LAND LYING IN THE N 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE CENTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. THENCE N 17°10'49" W 497.31 FEETTO A POINT ON THE SOUTHERLY BOUNDARY EASEMENT B ALONG ARBOR LANE SAID POINT ALSO BEING THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG A CURVE TO THE RIGHT 66.95 FEET, SAID CURVE HAVING A RADIUS OF 290.50 FEET, A CENTRAL ANGLE OF 13°12'16", TANGENTS OF 33.62 FEET AND A CHORD WHICH BEARS S 63°45'11" E 66.80 FEETTO A POINT; THENCE S 28°02'47" W 5.04 FEETTO A POINT; THENCE N 61°57'13" W 50.73 FEETTO A POINT; THENCE S 22°44'28" W 36.66 FEETTO A POINT OF NON-TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT 13.48 FEET, SAID CURVE HAVING A RADIUS OF 249.00 FEET, A CENTRAL ANGLE OF 03°OS'47", TANGENTS OF 6.73 FEETAND A CHORD WHICH BEARS N 68°48'26" W 13.46 FEETTO A POINT; THENCE N 19°38'41" E 41.50 FEET TO THE BEGINNING OF THIS EASEMENT AREA. -11- 161773-0063/PDXDOCS:1967106.2 mi ~ , N \i/ N /~ m / / / // I / !n '~ ,~ ~5 -- ~~~ .- ~`~I~~ ~~ ~~ ~ ,~~~ ~~ ~ ~ s,~: ~~~~ ~~ L. ~ C.. 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Q ° r ~` ~ ~ ern ~ _ ~~ I'~(u~ '.J.J 4 Meridian City Council Meeting DATE: July 3, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM Tirl_E: Approval of a Sanitar Sewer & Recycled Water Main Easement with Rod & Tami Shaul for the Pine Connector Sewer Trunkline Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- Public ~ D A H O Works Department Mayor Tammy de Weerd Cily Ceunell Mem6erlr Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: June 27, 2012 SUBJECT: SANITARY SEWER AND RECYCLED WATER MAIN EASEMENT AGREEMENT WITH ROD AND TAMI SHAUL. I. RECOMMENDED ACTION A. Move to: 1. Approve the Sanitary Sewer and Recycled Water Main Easement Agreement with Rod And Tami Shaul. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II (Project Manager) ......................................489-0364 Clint Dolsby, Assistant City Engineer .....................................................................489-0341 Warren Stewart, Engineering Manager ....................................................................489-0350 III. DESCRIPTION A. Background 1. During construction of the Pine Connector Sewer Project, which connects the sewer trunkline from Fuller Park with the sewer stub in W. Pine Street, it was brought to the attention of the City that access to properties to the west of Ten Mile Road would be impossible without driving to the south of Pine Street through the property belonging to Rod and Tanu Shaul. After discussing the access problems with the contractor, Mr. Shaul contacted the city with concerns that the current sewer design would require this bypass for 5 days. The City has worked out an alternate sewer design that now requires a one day access through the Shaul property. The Shaul's have offered an easement to the City that allow s Page I of 2 the redesign of this sewer to be placed on their property. The execution of this easement will also result in a cost savings to the City of approximately $3,000 from the elimination of one manhole. The land owners of the property have cooperatively signed the attached easement agreement. IV. IMPACT A. Strate ig c Impact 1. The proposed easement will allow Public Works Staff to access the area for maintenance or repairs after construction is completed. 2. We will ultimately save money on the project by eliminating one (1) manhole on the project. We don't have a value right now, but it is estimated at an overall savings of $3,000 after deducting the easement costs below. B. FiscalImRact: Cost to Prepare Easement Documents (JUB Engineers, Inc.) ..................$346.00 Property Owner Easement Costs ......................................................................... 500.00 Total Cost for Easement ...................................................................................... $846.00 V. LIST OF ATTACHMENTS A. Sanitary Sewer and Recycled Water Main Easement B. Easement Legal Description -Exhibit A C. Easement Map -Exhibit B _ _ _ __..- Approved for Council Agenda: arren Ste art, Engineering Manager 2 Z Date Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich AmouRT .uu ; 801SE IDAHO 07111!12 10:55 AM DEPUTY Liea Batt RECORDED-REQUEST OF III I'IIIIIIII'IIIIIIIIIIIIIIIII'll'I Meridian City 112067545 SANITARY SEWER AND RECYCLED WATER MAIN EASEMENT THIS INDENTURE, made this 3 day of J u1.~ 2012 between Rod and Tami Shaul ,the parties of the first part, and hereinafter referred to as the "GRANTORS", and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the "GRANTEE"; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and recycled water main right-of--way across the premises and property located at 775 N. Ten Mile Road hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and recycled water is to be installed through underground pipelines to be constructed by the GRANTEE; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the GRANTEE; NOW, THEREFORE, for good and valuable consideration in the amount of Five l' Hundred Dollars ($500.00), the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of--way for an easement for the operation and maintenance of sanitary sewer and recycled water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and recycled water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. PINE CONNECTOR SEWER TRUNICLINE Sanitary Sewer and Recycled Water Main Easement- Shaul ~' THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of--way and easement hereby granted shall become part of, or ]ie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: Owner ~, ... STATE OF H)AHO ) ss County of Ada ) On this ~~ day of ~~~Y~~ 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Rod and Tami Shaul known or identified to me to be the Owners, respectively, of the property described above, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 51GA Jp!V •• :tp $D~AR~~~~; OT Y PUBa ' FOR Ill 5~ (SEAL) ~~, ~ Rest 'gat: f`-1PN to.n i r7 .Commission Exntres: ~ r ~ s Cpl PINE CONNE(`I~~SH13V~1Z'TRUNKLINE Sanitary Sewer and~ecycl"ed Water Main Easement -Shaul (' GRANTEE: CITY OF MERIDIAN L. Holman, Approved By City Council STATE OF IDAHO ) ss County of Ada ) ~ T0.F On this rd day of J uIV , 20 IZ ,before me, si ~~ Notary Public in and for said State, personally appeared an AYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~ NOT Y PUB IC FOR ID O Residing at: a. Commission Expires: Jgn ~ X201 Clerk \ ~_ SEAL PINE CONNECTOR SEWER TRIINKLINE Sanitary Sewer and Recycled Water Main Easement -Shaul ~ (.! UJ J•U•B ENBINEERB, INC. Protect: 10-11-098 ExhibitA Date: 6/25/1012 Sewer Easement Jd18COMPANIES `:y~l AWOL ®I MC-MNo An easement situated in the northeast quarter of the southeast quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ade County, Idaho, and being more particularly described as follows: Commencing at the northeast comer of the southeast quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian; Thence N89°10'58"W, 63.02 feat along the north line of the northeast quarter of the southeast quarter of Section 10 to the westright-of--way line of North Ten Mile Road, the POINT OF BEGINNING: Thence S00°49'02"W, 20.00 feet along the west right-of-way line of North Ten Mile Road; Thence N89°10'58"W, 41.98 feet; Thence N00°49'02"E, 20.00 feet to the north right-of-way line of West Pine Avenue and the west right-of- wey line of North Ten Mile Road on the north line of the northeast quarter of the southeast quarter of Section 10; Thence S89°10'58"E, 41.98 feet along the north line of the northeast quarter of the southeast quarter of Section 10 to the PO1NT OF BEGINNING. The above-described easement contains 840 square feet, more or less. Prepared from information ofrecord. Page 1 of 1 n esu ~, ueecnwooo Avenue, swte zu1, Heise, l0 83709 n 208376-7330 / 208-323-9336 lv www.lub.com N -II '021 3lIW N31 H1210N U - P/~ a W z a ~I w~ 3 ml I1 } r/e- - -T/e-~ o z a o' ~ m i 1 ~ ~ W I a 0 a I Z w w ~~ wy ~i ° ~W u ~~- a~ r r 0 w z J K W W W Z } ~ ; J Z N O ° ~ w ~ o w z F m~ (7 ~ Z W O N a ~ ~ W Fz_ Fz_ z zo ~ ~ ~ O N N (~/_~(I V g Z O a w w ali N 3 V O ~I I I I 1 ~ ~ i I ~ ~~ ~ V I I I ~ ~ t~ i l l l m t m x o ~ w ~~ o~~ ~~ U 11" 1~ ~ ~/ Meridian City Council Meeting DATE: JuIV 3, 2012 ITEM NUMBER: 5F PROJECT NUMBER: Irem TITLE: Approval of Award of Bid for Smoke Alarms to Asset Lighting and Authorize the Purchasing Manager to issue a purchase order for the Not-to-Exceed Amount of $37,706.00 Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Pam Orr, Jacy Jones Date: 6/21/12 Re: June 26 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 24 City Council Agenda under Fire Department Report. Approval of Award of Bid for "Smoke Alarms" to Asset Lighting and authorize the Purchasino Manaoer to issue a purchase order for aNot-To-Exceed total of $37,706.00. This award is the result of Formal IFB #FD-12-4009-A issued June 11~' and opened June 26'" and is being funded by the FY2010 Assistance to Firefighters Grant Program -Fire Prevention and Safety Grant. Five bids were received. Recommended Council Action: Approval of Award of Bid and Authorize the Purchasing Manager to issue and sign the purchase order for the Not-To- Exceed amount of the Low Bid of $37,706.00. Thank you for your consideration • Page 1 Q z H 0 A' r H F- N /W/y+ I.V r= ;.; ,o F r = N d ~ a oa o~ 07 J pau6~ 0 O Z w 0 0 0 0 0 ~ o ~ ~ o CO O N IA (O N ~ ~ o OD N lf1 OD I~ h W h f~ c7 co V d' c7 ~ ~ ~ ~ ~ X X X X X U . ~ E a 0 N N y U N .Z ~ ~ ~ ~ C L N U N ~ tl! - c . ~ ~ c = 03 N ~ N [0 J Q - Q a H W Y a D d c a v c C A T t m Y d Meridian City Council Meeting DATE: JuIV 3, 2012 ITEM NUMBER: PROJECT NUMBER: Item TITt_E: Items Moved from Consent Agenda ~, ,~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: JuIV 3, 2012 ITEM NUMBER: PROJECT NUMBER: MDA 12-003 ITEM TITLE: I-IOII)/bC001( Public Hearing: Amend the recorded development agreement (Instrument # 105195857) for the purpose of modifying the concept plan and building elevations approved with the Hollybrook Subdivision -west side of N. Arrowwood Way, north of E. Ustick Road Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 3, 2012 ITEM NUMBER: 7B PROJECT NUMBER: MFP 12-001 ITEM TITLE: FIOII)/bl'001C Final Plat modificatio to revise note # 1 1 to remove the requirement for common driveways on lot 4 and Lots 9-13, Block 4 AND reduce the length of common driveways easement on Lots 5-8, Block 4 from 56 feet to 38 feet -west side of N. Arrowwood Way, north of E. Ustick Road Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE F/NAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 3, 2012 ITEM NUMBER: $A PROJECT NUMBER: Irene rlrLl=: Legal Department: Special Events Code Updates Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: JuIV 3, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: OYdInallCe NO. ~~ ' ~ ~~9 Amendments to Meridian City Code Provisions Regarding Temporary Use Permits for Special Events Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. /a ' / Sl9 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-3(A)(6)(d), RELATING TO TEMPORARY USE PERMITS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(6), RELATING TO STANDARDS FOR SPECIAL EVENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, 09-1430, 10- 1453, 10-1464, and 12-1506, the City Council of the City of Meridian has instituted a procedure by which outdoor sales and temporazy uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfaze of Meridian residents and other participants in such outdoor sales and temporary uses; WHEREAS, the permitting procedure and standards have been found to encourage outdoor sales and temporary uses that complement permanent City of Meridian businesses; that aze safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that support and facilitate community events and celebrations; WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein aze intended to improve and refine the processes and standards established therein, specifically, to require submission of complete temporary use permit applications and materials for proposed special events; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 3-4-3(A)(6)(d) is hereby amended to read as follows: d. The city clerk shall deny an application for a temporary use permit where: (1) The application is incomplete or required application materials or fees have not been timely submitted; Section 2. That Meridian City Code section 3-4-3(C)(6) is hereby amended to read as follows: 6. Standards For Special Events: a. A complete anDlication for a Temporary Use Permit for a Snecial Event shall be submitted to the City Clerk at least thirty X30) days nrior to the first day of the nronosed Snecial Event. b. a-It shall be unlawful for an organizer of a special event, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted a special event without ~.. the following: JULY 2012 UPDATE SPECIAL EVENTS ORDINANCE PAGE 1 OF 4 (1) A city of Meridian temporary use permit. (2) A city of Meridian citizen's use permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certifications from the Central District health department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho tax commission. Any and all licenses, permits, inspections, and/or certifications required by Title 3 of this code, includin¢, but not limited to: Server Training Certification and Private Security Services Licenses. L6) (3) Any and all licenses, permits, inspections, and/or certifications required by title 10 of this code. (~) Any and all licenses, permits, inspections, and/or certifications required by title 13 of this code and/or the policies of the Meridian pazks and recreation department. (>~ (~) Written consent of the owner(s) of any and all property or properties on which the special event is to occur. ~9,) (~ Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the special event. Such insurance shall name the city as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand dollazs ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollazs ($500,000.00) per occunrence property damage. c.1}-No provision of this subsection shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any special event organizer, nor exempt any vendor or participant in a special event from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where a special event includes vendors or participants that would otherwise require city of Meridian licenses or permits to operate as mobile sales units or temporary sales units, such vendors and/or participants shall be exempt from such requirement, provided that this exemption shall apply only to vendors and/or participants represented on the site plan(s) or map(s) submitted by the organizer; and further provided that such exempfion shall apply only for the time, at the place, and in the manner specified for such special event in a validly issued city of Meridian temporary use permit. JULY 2012 UPDATE SPECIAL EVENTS ORDINANCE PAGE 2 OF 4 d. Special events shall be allowed for a period not to exceed fourteen (14) days within any ninety (90) day period. e. d-It shall be unlawful for any person to conduct, allow, or organize a special event in a residential district, except that: (1) Neighborhood events or block parties shall be permitted in residential districts without a temporary use permit, although a city of Meridian citizen's use permit may be required. (2) Special events involving a route, such as races, parades, or marches maybe permitted in residential districts, so long as such special events both start and end in nonresidential districts. f. e- The following provisions shall apply to any and all temporary signs related to a special event: (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign or temporary signs where the quantity or dimensions thereof exceed the limitations set forth in this subsection. No more than two hundred (200) temporary signs with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a special event. No more than twelve (12) temporary signs with an area not to exceed thirty two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a special event. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a special event upon any property without the permission of the owner of such property. (3) Any and all temporary signs identifying, promoting, advertising, or directing patrons to a special event shall be removed within twenty four (24) hours of the conclusion or close of such special event. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 3rd day of July, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of July, 2012. APPROVED: ATTEST: City Clerk JULY 2012 UPDATE 'y ,' SPECIAI. EVENTS ORDINANCE r~B °~ ~ e, rx F ~p064 PAGE 3 OF 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 12- /S/9 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-3(A)(6)(d), RELATING TO TEMPORARY USE PERMITS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(6), RELATING TO STANDARDS FOR SPECIAL EVENTS; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho.ordinance shall become effective upon its passage and Mayor and City Council `/~I ~'~ By: Jaycee Holman, City Clerk ~a SEAL F1rst Reading: 7~3~ le2 ~'~"~ }"e""v~` Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES / NO Second Reading: -' Third Reading: ~- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- ~_ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 12- /S / of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ~ day of 012. ~. William. L.M. Nary, City Attomey JULY 2012 UPDATE SPECIAI. EVENTS ORDINANCE PAGE 4 OF 4 Meridian City Council Meeting DATE: July 3, 2012 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: FUtUPe Meeting TOPICS ~\ ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS