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AT&T Cell Tower Sundiale~ k- CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: June 26, 2012 E IDIAN~-- TO: Alexis Hamell { D A H 4 FROM: Kristy Vigil, Assistant City Planner SUBJECT: AT&T Cell Tower Facility Sundial -CZC-12-038 OWNER: GemStar Properties, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, Alexis Hamell, requests certificate of zoning compliance (CZC) to upgrade the current wireless communication facility located on Lot 21, Block 2 of Sundial Subdivision No. 2. The proposed modifications include three (3) new antennas and support equipment. The new equipment and antennas will remain in the confines of the existing lease area. The subject property is located in the R-4 zoning district. NOTE: Because the applicant is only proposing upgrades to the existing facility, full compliance with the City's wireless communication facility (UDC 11-4-3-43) ordinance is not required. However, any expansion of the existing facility in the future will be subject to the standards as set forth in UDC 11-4-3- 43. DECISION The applicant's request for CZC is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. As part of the application submittal, you will need to provide two sets of the final, stamped "approved" Planning Department plans. You must provide these plans in PDFformat and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set. Please contact Building Services for additional details about building permits and inspections. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The equipment and antenna plans prepared by Technology Associates, dated April 18, 2012 are approved (stamped "approved" on June 26, 2012 by the City of Meridian Planning Department) with no changes. 3. The elevations prepared by Technology Associates, dated April 18, 2012 are approved (stamped "approved" on June 26, 2012 by the City of Meridian Planning Department) with no changes. 4. No exterior site and landscape alterations are approved with the subject application unless prior written approval is obtained from City of Meridian Planning Department. 5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. Conditions Document 1 AT&T Cell Tower Facility Sundial CZC 6. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-43. 2. The project is subject to all current City of Meridian ordinances. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (CZC-02-009 and PP-06-060). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before July 11, 2012, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11- SA-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until June 26, 2013. EXHIBITS A. Vicinity Map B. Existing Site plan (dated: April 18, 2012) C. Equipment Plan and Antenna Plan (dated: April 18, 2012) D. Elevations (dated: April 18, 2012) Conditions Document 2 AT&T Cell Tower Facility Sundial CZC A. Vicinity Map Conditions Document 3 AT&T Cell Tower Facility Sundial CZC B. Existing Site Plan (dated: April 18, 2012) L ~-' ~ `~, _ ~' ~ ~ ~ `7- - -- - -- ~- ,M.i~ ~' ~ i ,' ~r_ ~... _ ,.~.w wt . ~~ r`~-' ,~, ~ ::~ ~_ f J ~~ , ~ ~ UR -- ,, ©~ , ~\\ o, \ ~ ~ °' f / \~~; p r~ ~~ _~ ~~ ..~ -:: ~~..%. ar.._ ~= - ~---~ Conditions Document 4 AT&T Cell Tower Facility Sundial CZC C. Equipment Plan and Antenna Plan (dated: April 18, 2012) ~~`: (c~~ c + ~ c> R_~ ~°--b~ -s ~ °0' 07 :GI ~ .:.. - . , . .. .... .,; _. - Conditions Document 5 AT&T Cell Tower Facility Sundial CZC EXISTING ANTENNAS ~ TOP HEIGHT 1YT'-0' ANTENNA PLAN (EXISTING D. Elevations (dated: April 18, 2012) ........ ~./ U Conditions Document 6 AT&T Cell Tower Facility Sundial CZC Nkndi~~ E IDIA.N--- Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check al! that apply) ^ Accessory Use O Alternative Compliance ^ Certificate of Zoning Compliance ^ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other STAFF USE QNLY: File number(s): ~~' ~~~ ~~0 .~• ~ Project name• ! -- --~ JJ Date filed: ~' ' ~/2 D com • (Q'~" S(~ Assigned Planner: Related files: G2~-o~- ~P ~ -- Information ,,~~11,,~~ /~ .,- Applicant name: dim Ir«~i[C ovi lot(nal•~ of ~~"~ ~ o~oi ~~'~ a~_ Phone: Zd. Applicant address: ~aSS $ ~.' : ywu,~gr ~~ Zip: 3cv° `~' E-mail: ~ ~ ~ nCs~. al~. C.awr Applicant's interest in property: ^ Own ^ Rent ^ Optioned f~7yO~ther ~¢w. (- ~F}'11~ ~efjE /~ 1~ '"i~~~~ C.LG ~~394-~8,S~ Zso. 3Y9 ~i Owner name: n ho e: Fax: Owner address: S• hid Zip: ~~ E-mail: Agent name (e.g., architect, engineer, developer, r resen rve : ~~~J(%~Lf/ ~~~y~-nary ,ey,,~, Firm name: Iw{' • a ~ (,(.~ Phone: ~ ~ a Fax: n Address: Y1 4. Zip: h ~' E-mail• v1 Q, Primary contact is: ^ Applicant ^ Owner ^ Agent ,Other ~ ~ Ct~ye.d, lo.,l 1~TT'~ ~,un ~,'havt~- w /~1~ Contact name: ~~' S YYtG (~ Phone: S'•!1 • y0y ~3~ Fax: Contact address: ~~~~- ~,,,; ~ ZOC- Zip: ~; 3 ~'0',~ E-mail: Gl (tKi:~. 4•~wvN.t1 19 {^(w.~~o. +tS Subject Property Information ~,~" ~ 8~ k. a- SI,IhG~~ LOCation/street address: - r ~ I D ,~r n ., , ~- , , 1~~~,~ Assessor's parcel number(s): ~ZZZ2. Township, range, section: ~N/ i bJ S'ct„ Z Current land use: GZe$i~„~~ A, J ef-~-~ die lo~e r~ ~, Y-'t.S Vt . L~ ~•5~ 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 Phone: (208) 8$4-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org 1 (Rev. 11/29/11) Project/subdivision name: ~_ i.l,K~c. ~'~-~ General description of proposed project/request: /^A r~~Qr/i Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structures} (excl. garage): Minimum property size (s.f): _ Gross density (DU/acre-total rand): Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Single-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: ~2Kj- Applicant signature: ~~._ L., Date: -`T` 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6834 Website: www.meridiancity.org 2 ~ f rim, ~~~ ~ ~; ~~ _ _ ,2 ~~; _, ~ May 3, 2012 City of Meridian 33 E Broadway Avenue Suite 210 Meridian, Idaho 83642 RE: Modifications to telecommunications site located at Lot 21, Blk 2, Sundial #2 with a PIN # 88222230020 To Whom It May Concern: I am writing in notification of AT&T's intent to modify the existing AT&T facility located on at Lot 21, Blk 2, Sundial #2 with a PIN # 88222230020 in Meridian, Idaho. In the continuing effort to provide the best wireless coverage to our customers nationwide AT&T has budgeted funds to improve the existing telecommunication facility. This alteration to the facility requires the replacement of three antenna and s~~orting equipment . Antennas will be located within the current array I have attached a copy of the zoning drawings for review. Feel free to call me at 541-400- 0307 if you have any questions at all. Thank you very much. Sincerely, F1atCo, LLC By: Alexis Harrell 6126 N State ST Suite #205 Bolse, ID 83703 925.887.7374 (f) Alexis.Hamell I~ Fl atco.us E IDIAN~ - Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Community Development 208.887.2211 Department Address Verification Date: 5/4/12 The address information below has been researched and verified as the "correct address" by the City of Meridian Community Development Department. Project Name: AT&T CELL TOWER MODIFICATION Address: 2250 W. Whitelaw Dr. Zip Code: 83646 Subdivision Sundial LotJBlock: 21/2 Parcel #: 88222230020 Note: New address assigned to common area 1) The address has been assigned based on available information. This address should be considered temporary. Final address to be assigned upon completion of development. 2) This address will be required to connect to municipal services per Meridian City Code 9-1-4. Municipal water is available for connection at this location. Municipal sanitary sewer is available for connection at this location. This property does not currently have municipal services available. 3) This is an existing structure that is currently connected to municipal services. ALL PLAN5 BEING SUBMITTED TO THE CITY OF MERIDIAN WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE) AS REFLECTED ABOVE. Address Verification Rev: 04/23/12 Pioneer Co. ADA County Residential Listing Report General information Parcel #: 88222230020 Sub DivisionlAddition: SUNDIAL SUB NO 02 Primary Owner: Secondary Owner: Site Address: Mailing Address: Legal Description: GEMSTAR PROPERTIES LLC W WHITELAW DR MERIDIAN, ID 83646-Ob00 738 S BRIDGEWAY PL 5TE 175 EAGLE, ID 83616-0000 LOT 21 BLK D2 SUNDIAL SUB #2 Total Acreage: 2.539 Zoning: R-4 Land Use: Primary CheracteristiC: LAND Year. Assd Vai: HO Exmpt: Tax Val: Est Tax: School District: MERIDIAN SCHOOL DISTRICT **2011 $75,500.00 $0.00 575,500.OD $1,033.23 2010 $as,soo.oo $o.oo $sa,eoo.oo $1,153.20 TWn-Rilg-Sec 3N1W02 2008 $101,500.00 $0.00 $101,500.00 $1,161.41 Netghborhood: sass Irrigation District: NAMPA-MERIDIAN IRRGATION DISTRICT & "`values are rwt finalized until June of current year DRAINAGE Last Published Levy: o.ot2971a84 Fire District: Meridian Fire District Code Area: a3 Soils: SICL SIL Commercial Lots Or Acreages $75,5oo.a0 Flood Zone: X MLS Area: NW Meridian: 1030 Transfer Date: 4/7/2009 Effective Date: 8!5/2008 Residential Characteristics Dwelling Type: Low Flr SgFt Fin: Deck 1 SgFt: Year Built: Low Flr SgFt Un-Fin: Deck 1 Covered?: Property Type: REAL Basement 8gFt Fin: Deck 2 SgFt: Design: Basement SgFt Un-Fin: Deck 2 Covered?: No. Bedrooms: Attic SgFt Fln: Patlo 1 SgFt: No. Bathrooms: Attic SgFt Un-Fin: Patio 1 Covered?: No. Kitchens: Car 1 Storage SgFt: Patio 2 SgFt: No. Fireplaces; Car 1 Storage Type: Patio 2 Covered?: Heating Method?: Car 2 Storegs Type: Pool SgFt: Air Conditioning?: Car 2 Storage SgFt: Gen. 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Z > YEN ~~ `~i ~i ~ .{i ~ ~Z ~ Yl m > ~~~ ~2 h i >~~~T~ ~ ~ ~°~~5tg L~~ ~~ Z"' z ~ ~ ~; sppp~N „~ ~ ~~~iz i ~~ao $ a 4A si">~`' f~ $~ n fn m o ~ ~~;A~~li( g $ (~ o '~" 3 ~ 2~ ~5~~~~~ ~ r ~~~ sr ~~~~~ ~ y~b~~~R ~~~ ~~ ~ o~ ~ ~ ~ r~ ~'a ~R~i pN V~;~~ O V ?~~~ ~i vv~ ai`N>~ I~y~y~~O L Am ~ NQ ~ ~,~A as' Yys ~ q~ ioy "' 2 s ~ ~ ~ r ~ ~ z ~ 9~~ ~ ~" nr aFi~a yv ~~ $ r `d 4i ~2~ ~~g€N ~ O 6 4~ hO •V d ~ ~`~"" i ~ a 2 J.t, L` Sl a i 9i L~ ~ ~j o D < ~ N SSSSSccccc CO n C ~..... $m r `~ ~ O ~ ~ Xyi ~a v z~ ~ o~n$ o /RY'7 0~ ~~ n (~ ~ f Q ;7 r (J~1 7 i ~ (J`~ ~N ~ N ~ FR~~ ~ ~ ~~€ r .,., ob Y2 O wp ~~ ~ ~~ ~ ~ ~ g N ~ RECORDATION REQUESTED BY: WASHINGTON TRUST BANK Southern Idaho Raet Estate 3257 East President~i fhhre Meridian. tp 83642-0009 WHEN RECORDED MAIL TO: WASHtNG70N TRUST BANK Loan Servfcs Center P.O. BOX 2127 SPOKANE, WA 99210-2127 ADA RUNTY RECORDER J. DAVID NAYARRO AMOUNT 26.M 6 QONiE IDAHO 00/13110 0223 PM DEPUTY Vicki Allen ~DED-REDUESrDf UIIIIiiiiNi1111111AINllll~l~ 110074947 31 ~~ ^ ~~ SPACE ABOVE THIS LiWE IS FOR RECnRneu„Q Ucr= nut v DEEb OF TRUST THIS DEED OF TRUST is dated July 27, 2010, among Gsmstar Properties, L.L.C., an Idaho. Bmited Debility company, whose address ht 738 S. Brtdgeway Place, Ste. 100, Eagle, ID 83876-6096 {"Grantor"); WASHINGTON TRUST RAMC, whose address is Slwtharn Idaho Real Estate, 3251 Eeat Presidential Oriva, Meridian, lD 83642-6008 {referred to below sometimes as "Lender" end sometimes as "Beneficiary"); and Pioneer Tills Go. of Ada County, whose address is 6151 W. Rifleman. Avenue, Boise, ID 83704 (referred to bebw as "Trustee"!. CONVEYANCE AND GRANT. For vahteb-e consideration, Grantor does hereby krovocably grant, bargain, aoU and convey to trust, with power of sale, to Truateo for the benefit of Lender sa 8enaficiary, all of tremor's right, title, end interest bt and to the foibwing described real property, together witA ell existing or subsequently erected or affixed buildirga, improvements end fiMwea; all easomenta, rights of way, end appurtenances; all water, water dghts and ditch rights fincludlnp stock in utUfdae with ditch or krigatipn rightsl; and all other rights, roy~ tries, arW profits refaUng to the real property, including without Itmitation ell minerals, oU, gas, geothermal and similar matters, (the Raai Property") heated in Ada County, State of Idaho: Lot 27 in Block 2 of Sundial Subdivision No. 2, according to the plat thereof, filed in Book 101 of Plats at Pages 13300 and 73301, records of Ade County, Idaho. The Resl Property or its address is commonly known as NNA W. Whitelaw Drive, Meridian, iD 83646. Grantor presently assigns to Londar (also known ae 9erlefkiary in this Deed of TrusU alt of Grantor's right, title, and Interest in and to all present ant furore teases of the Property and ell Rents from the Property. M addition, Grantor grants to LerMer a Uniform Commercial Code security interest in the Personal Property and pants. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST 1N THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE lAl PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF T)tUBT IS GIVEN AND ACCEPTFA ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otMrwies provided in thk Dead of Trust, Grantor shall pay to Lender ail amounts secured by this Deed of Trust as they become due, and shelf atrictty end in a timely manner partorm sit of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor sprees that Grantor's possession aril use of the Property shell be governed by the following provisions: Pouession and U:a. Until the occurrence of an Event of Default, Grantor may Ili remain tit possession erxl control of the Property; t2> use, operate or manage the Property; end 131 collect the Rents from the Property. The foibwirg provisions relato to the use of the Property or to other Ilmitationa on the Property. THE REAL PROPERTY IS NOT MORE THAN EfGHTY 1501 ACRES AND IS NOT PRINCIPALLY USED FOR TfiE AGRICULTURAL PRODUCTION OF CROPS, LIVESTOCK, DAIRY OR AQUATIC GOODS, OR IS NOT MORE THAN FORTY 1401 ACRES REGAfiD1.ESS OF USE, OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to MaNttaM. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements, end maintenenca necessary to preserve its value. Nufsanao, Waste, Grantor snarl not cause, conduct or permit any nuisance nar commit, permk, or auffx any strtppinp of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, arty Timber, minerals (including oil and gesl. coal, clay, scoria, soh, gravel or rock products without Lender's prior wdtten consent. Removal of knprovemsnb. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condldon to the removal of any Improvements, Lender may require Grantor to make arrangements satiafectory [o Lendor [o replace such improvements with improvements of at least equal value. Lender's pigM to Fatter. Lender and Lender's agents and repreaentetivae may enter upon the Real Property at all reasonable times to attend tc Lender's interests and to inspect the Reel Property for pwposas of Grantor's compliance wkh the terms end condltbns of this Deed of Trust, Compaance with Gowmmantal Raquk~msms. Grantor shag promptly comply with eN laws, ordinances, and regulations, now or hereafter In effect, of ell governmantaf authorltlas appecabla to the use or occupancy of the Property, including without Umitetion, the Americans With DiaaWUties Act. Grantor may contest in good faith any such Isw, ordinance, or rapulation and withhold compliance durMg any proceeding, ktcludinp appropriate appeals, so bag ae Grantor ties notified Lender in writirp prior to doing so and so long as, in Lender's sole opiMan, Lender's imerest8 in the Property ere not jeopardized. Lender may require Grantor to post adequate sacwiry or a awety bond, reasonabty satisfactory to Lender, to protect Landar's interest. Duty to Protect. Gramor agrees neither to abandon or leave tmettendad the Properly. Gramor shall do alt other acts, in addition to those acts set forth above in this section, width from the character and use of the Property era reaaonebry necessary to protect and preserve the Property, DUE ON 5ALE -CONSENT BY LENDER, Lender may, et Lender's opton, declare immediately due and payable all sums secured by tMs Deed of Treat upon the sale or tretuter, without lender's prior written consent, of all or any pan of the Rssl Property, or any Interest In the Real Property. A `sale or transfer" means the conveyance of Real Property or any right, this or interest in the Reel Property; whether Isgal, beneticiel or equitable; whether voluntary or involuntary; whether fr/ outright agile, deed, installment sale comrect, Isnd connect, contract for deed, IeaaetroW interest with a term greater than three 13) yeere, base-option connect, or by sale, assignment, or transfer of any baneflcial tntsrest N or tq any larxf trust holEing titre to the Ree! Property, or by any other method of conveyance of an interest In the Real Property. If any Grantor Is a corporation, partnarehip or limited Iiebaity company, transfer Mao includes any change in ownership of more than twenty-five percent 12596) of the voting stock, partnership intarosta or Umited Habllity company interests, as the case may ba, of such Grantor. However, this option shell not be exercised by Lendw 'd such exercise i6 prohibited by federal law or by Idaho law. TAXES AND LIENS, The following provisions relating to the taxes and Uene on the Property are part of this Deed of Trust: Payment. Grantor shell pay when due fend in ail events prior to delinquency) ell taxes, special texas, asaesemente, charges lincludinp water and sewer), fines and impositions levied against or on account of The Property, and shall pay when due all claims for work done on or for services rendered or material furnistted to the Property. Grantor shell maintain the Property free of sU Iferts having priority over w equal to the interest of Lender under this Deed of Trust, except for the lien of taxes end esaessmants not due and except ea otherwtee provided in this Decd of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a gootl faith dispute over the DEED OF TRUST (Continued) Page 6 reptacementa of, and all subatiiutions for, troy of such property; end together with all proceeds findudirtg without limitation ail insurance proceeds and refunds of premiums} from any sate or other disposition of the Property. Property. The word "Propertry" means cosectively the Real Property and the Personal Property. Reel Property. The words "Real Property" mean the real property, interests and rights, as further described in Mis Dead of Trust. Related DocunteMa. The words "Related Documents" maim NI promlasory notes, credh agreements, ben agreements, envkonmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgagee, and aK other instruments, agreements and documents, whether now or frareefter existing, executed in connection with the indebtedness. Rents. The word "Rents" means all present and future rants, revenues, income, issues, royalt~s, profits, and otMr benefits dertvad from the Property. Trustee. The ward "Trustee" means pioneer Title Co. of Ads County, whose address is 8161 W. Rifleman Avenue, Boise, ID 837D4 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING RFAq ALL THE PROV15lONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO fT5 TERMS. GRANTOR: GEMSTAR PROPERTIES, L.L.C. UMlTED LIABILITY COMPANY ACKNOWLEDGME p~1K,„~S,Aq_ 5TATEOF______~.~tl t~ 1 •~O,rq~~~ 1 SS "•"•~r... COUNTY OF 1 ' AVB l~G On ttri ~•~r~"l ~'• ~ u day of _~._~ , in the year 20 l ~ , be r••'••••••"••••• ~ Gat~tatx ~ public in end for the State of Idaho, personally appeared opetYks. L.L.C., known or identified to me for proved to me on the of to !>e ono of the members or designated agents in the limited ifabgity company of srrtstar roes, L.I.C., end the sted agent or one of the members or designated agents who subscribed said Ilmited Hablliry :o pan ma to the ru nt, eckrwwledped to a[ he or she executed t saute 'in said limited liebillty comperry name. Voterv u c f aho Residbrg st a.~-1 .~~-'1~'O MV commiesfon expires REQUEST FOR FULL RECONVEYANCE lTo be used only when obligatbns have been paid in }uHl To: ,Trustee The undersigned is the bgai owner and holdor of ell Indebtedneea secured by this Oaed of Trust. All soma secured by Uris peed of Trust hove been tuHy paid and satisfied. You era hereby dkected, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, io cancel Me Nota secured by this Deed of Trust (which Is delivered to you together with this Deed of Trustl, and to reconvay, without warranty, to the psrties designated by the terms of this Dead of Trust, the eaters now held by you under this Deed of Trust. Please mail ttte reconveyance and Reieted Documents to: Oats: - - ---- aanefklsry: By: its: LASER PRO Lending, Ver. b.b2.f0.00t Copr. Harland Financial Solutbns, Inc. 7987, 2010. All Rights Reserved. - ID c:1CFIWIMCFl4LPL1GOI.FC TR•128783 PR-50 Kristy Vigil From: Jeff Hebert [jeff_hebert@msn.com] Sent: Friday, June 22, 2012 1:56 PM To: Kristy Vigil Subject: RE: affidavit I am a member of Gemstar properties, partners with Steve Schmidt and Lloyd Glasgow. From: kvigil@meridiancity.org To: jeff_hebert@msn.com; alexis.hamell@flatco.us; kelliherbert@gmail.com Subject: RE: affidavit Date: Fri, 22 Jun 2012 17:54:29 +0000 Hello Jeff, Thank you for the document, but I do have one question. The Secretary of State shows Steve Schmidt as the registered agent. Can you email me your capacity with Gemstar Properties please? I know the Secretary of State does not have all documents online. If you have any questions, please do not hesitate to contact me by email or at 884-5533. Thank you, Kristy From: JefF Hebert [mailto:jeff_hebert@msn.com] Sent: Thursday, June 21, 2012 4:02 PM To: alexis.hamell@flatco.us; Kristy Vigil; kelli herbert Subject: FW: affidavit Sorry, I send the wrong one previously... From: jeff_hebert@msn.com To: alexis.hamell@flatco.us; kvigil@meridiancity.org; kelliherbert@gmail.com Subject: affidavit Date: Thu, 21 Jun 2012 16:00:00 -0600 Here is the notorized affidavit... thank you Jeff Hebert ~~~ Planning Department AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) } COUNTY OF ADA ) (name) ( dr (cm') (state) being first duly sworn upon, oath, depose and say: i. That I am the record owner of the property described on the attached, and I grant my permission to: Alexis Hamell,l~latCoLLC on behalf of ATT Mobility, 6126 State S#. Boise ID 83743 (name) (address) to submit the accompanying application(s) pertaining to that property. 2, I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to tl~e ownership of the property which is the subject of the application. 3, I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this _ v~~_day of ~'V~t. ~t'~--~--- . 20~_ ~.~ t (Si ature} St1BSCRIBED AND SWORN to before me the day a~d y,,~ar first above written.. ,mss ~ ~~?____._~ ~''''~+~. (Notary Public for Idaho) Phone: (208) Residing at: ~''~ ~..r t ~(i ~~,t-~ J -~-,~~ My C©mmission Expires: ~ ~_ ~ _ t Suite 2IQ • Meridian, Idaho 83b42 (208) 88$-6854 Website: www.meridianeiiy.org Customer Receipt City of Meridian, Planning Department 33 E. Broadway Ave. Suite 210 Meridian, ID 83642 PH: 884-5533 /FAX: 888-6854 Project Name At&T Cell Tower Facility (Sundial) Application Number CZC-12-038 Applicant Alexis Harrell Applicant Address 6126 W. State Street, Ste. 205, Boise, ID 83703 Project Address Subdivision Professional No License FLAT CO., LLC Address: 6126 W. State Street, Ste. 205 Phone: 541-400-0307 Boise, Idaho 83703 FAX: Fees and Receipts: Number Description Amount 17523 Certificate of Zoning Compliance with Prior Approval $173.00 Total Fees: $173.00 Check Number: 13309 (05/04/2012) $173.00 Total Receipts: $173.00 Balance Due: $0.00