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ApplicationMayor Tammy de Weerd City Council Members: �Keith BirdE IDIAN1._1,._ Brad Hoaglun Charles Rountree DAHO David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: July 17, 2012 Transmittal Date: June 29, 2012 File No.: VAC 12-002 Hearing Date: July 24, 2012 Request: Public Hearing - Vacate a 5 -foot wide irrigation easement on Lot 13, Block 1 of Spurwing Grove Subdivision No. 3 By: Brighton Development, Inc. Location of Property or Project: north of W. Greenspire Drive and west of N. Moon Drummer Way Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (No VAR, VAC, FP) Building Department/ Rick Jackson Fire Department Police Department City Attorney City Public Works / Scott Steckline City Planner City Engineer Economic Dev. (CUP only) Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise -Kung Irrigation District Boise Project Board of Control / Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org • • Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit �STAFF.LTSD' ONLY; ❑ Conditional Use Permit Modification ❑ Design Review File nutnber(s); ❑ Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification Project name:_ . ❑ Planned Unit Development .'Date Illed; 'Z l2 Da' complete: ❑ Preliminary Plat ❑ Private Street Assigned Planner: ❑ Rezone Related files: ❑ Short plat ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment Hearing date: ❑ Comrrit5sror;; Vacation (Council) ❑ Variance Council ❑ Oth Applicant Information Applicant name: aeioe� Phone: 37.0' Fax: 377• 67— Applicant address: 17-&(91 05 � . 74WZip: 65-113 E-mail: wdipc- Applicant's interest in property: lawn ❑ Rent ❑ Optioned ❑ Other Owner name: Phone: Fax: Owner address: Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Zip: E-mail: Phone: Fax: Zip: E-mail: Primary contact is: Applicant ❑ Owner ❑ Agent ❑ Other Contact name: J(LCm;w- D. Phone: Ztbl- D$Z -X- Fax: 3?7• fi0?lv7-- Contact address: /7.401 GU. L�`knC iZ 4-264 Zip: 233ttl3p E-mail: I' kUtzrtl (f' e 19/ Ste' . L46W Subject Property Information 1-77 L4), oyAQ./ -G' I Location/street address: 1_6-i- 1 -.,aj . 22l BCiL ( . ,aw )r/l1&1.?8'o= Aba . A f Assessor's parcel number(s): _ Township, range, section: 'r' .� U) Current land use: V A4&lJ l 20090 Total acreage: D. 33CL a•ne Current zoning district: 9-6 v 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29/11) 014 Project/subdivision name: General description of proposed project/request: 1/'L7!C Aly- C4-05 1VLMh:t? Proposed zoning district(s): Acres of each zone proposed: At�& 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 structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: Average property size (s.f.): Net density (Macre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Total number of employees: Building: Existing (if applicable): Building height: Paving: Maximum number of employees at any one time: and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Seating capacity: Number of compact spaces provided: Print applicant name: . Applicant signature: Date: U44- 33 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 11/29/11) • BRIGHTON CORPORATION June 20, 2012 Peter Friedman, Deputy Director City of Meridian Planning Department City Hall Meridian, ID 83642 Re: Spurwing Grove No. 3 Irrigation Easement Vacation Dear Peter, Enclosed is an application for vacation of a pressure irrigation easement resulting from the Property Boundary Adjustment of Lots 1-4, Block 4, Jayker No. 1 Subdivision. The attached February 16, 2011, letter detailing several Jayker boundary adjustments specifically noted that one defined pressure irrigation easement "will be relocated when Parcel `D', Block 4 is replatted with the adjacent property in a future SpurWing Greens Subdivision phase. " That action occurred with the platting of SpurWing Grove No. 3. The pressure irrigation system was re -configured to the "adjusted" and new lotting pattern, but the original defined easement still exists and impacts Lot 13, Block 1 as illustrated by the accompanying application and exhibits. Thus, we request vacation of that now -abandoned pressure irrigation easement. Please let us know if you, or your staff, have questions or require additional information. For Brighton orporation 77 t= Michael D. Wardle Director of Planning Brighton Corporation 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 www.bri-ahtoncorp.com Tel. (208) 378-4000 Fax (208) 377-8962 February 16, 2011 Anna Canning, Director City of Meridian Planning Department Meridian City Hall Subject. Jayker Subdivision Phase 1 Lot line Adjustments Dear Anna, Acting on behalf of Blackstead Building Company, Brighton Investments, and SWG Brighton, I am submitting a Property Boundary Adjustment application for the following, previously platted lots: ❑ Block 2 • Lot 1 [Parcel C] — Common lot owned by Brighton Investments, LLC • Lots 13 & 14 [Parcels A & BJ - Residential lots owned by SWG Brighton LLC ❑ Block 4 • Lot 1 [Parcel D] — Common lot owned by Brighton Investments, LLC • Lots 2, 3 & 4 [Parcels A, B & CJ — Residential lots owned by Brighton Investments, LLC ❑ Block 8 • Lot 1 [Parcel AJ — Common lot owned by Brighton Investments, LLC • Lot 6 [Parcel B] — Residential lot owned by Blackstead Building Co., Inc • Lot 13 [Parcel C] — Residential lot owned by SWG Brighton LLC The "adjustments " to Lots 13 & 14, Block 4, and Lots 6 & 13, Block 8, are proposed to improve building areas and to remedy potential setback limitations. Lots 1 - 4, Block 4, are modified as proposed by the preliminary plat of SpurWing Greens Subdivision which was approved by the City Council last fall. Those changes conform to future SpurWing subdivision phases. Easements. No right-of-way or utility easement vacations are proposed at this time. Jayker Subdivision Phase 1, Plat Note 12 states, "All side lot lines contain a 5. 00foot wide public utilities easement unless otherwise shown.... " Thus, the "side lot line" easements established by that plat note will shift with the modified lot lines. Two defined pressure irrigation easements are impacted by the "adjustments. " As noted in the summary below, one of the two will be relocated when Parcel "D", Block 4, is re -platted with the adjacent property in a future SpurWing Greens Subdivision phase. Relocation of the other may, or may not be required; that determination cannot be made until a home is proposed for Parcel "C", Block 8. _ r Brighton Corporation 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 www.brijzhtoneorp.com Tel. (208) 378-4000 Fax (208) 377-8962 Page 2 of 2 • 06/14/2012 Specifically: ❑ Block 2 • Lots 13 & 14 [Parcels A & BJ — Interior side lot line easements will shift with the lot lines per Plat Note 12. ock 4 • Lot 1 [Parcel D] — The pressure irrigation easement serving the original residential lots, and located on "adjusted" common Parcel D, will be maintained until that parcel is re - platted in a future SpurWing Green Subdivision phase. When that occurs, the existing irrigation easement will be relocated to the rear of the new lots. lines per Plat Note 12. ❑ Block 8 • Lots 6 & 13 [Parcels B & CJ — Side lot lines and easements are unchanged. • The ten foot -wide pressure irrigation easement located at the rear of Lot 13 will be maintained until a building is proposed on revised Parcel C. If that necessitates relocation of the irrigation line, action will be taken at that time. The required application, checklist, exhibits, and documentation are provided herewith. Please call if you or your staff have questions or need additional information. For Blackstead Building Co., Brighton Investments, and SWG Brighton Michael D. Wardle, Director of Planning Attachments (two each of the following: Administrative Review Application Legal descriptions Recorded warranty deeds Affidavit of Legal Interest Vicinity maps Existing recorded plat (8 % x 11) Record of Survey (18 x 24 paper copy) r �^ N � z \ U \ O > • ` P p,R yew � \ � o •- J �N —�------ �x' do ry5 \Os N� `yyM1 \ \� 'U• � S Vcr W ` i ro E y>d/V Gry Np�Pts D V • �m M n w�l � LAJ � N U Nip zz V Qcn [r1 UZ N0� g o a_ 0 z O, N vw O � Z m = Q �Y ,g tippo ?p FY OW Q7 $ � � �� �� -Q► I 1-- m � w � � a= �g • W-- am orb � N O• O � I I I I O u t �`� O ika'� � p, N C s W r r �^ N � z \ U \ O > • ` P p,R yew � \ � o •- J �N —�------ �x' do ry5 \Os N� `yyM1 \ \� 'U• � S Vcr W ` i ro E y>d/V Gry Np�Pts D V �m <� w�l � LAJ � N U Nip zz V Qcn [r1 UZ N0� g o a_ O�' '� a z O, N vw O � Z m = Q �Y ,g tippo ?p FY OW Q7 O O V) M W w a = z 1-- ,; Q U O J r �^ N � z \ U \ O > • ` P p,R yew � \ � o •- J �N —�------ �x' do ry5 \Os N� `yyM1 \ \� 'U• � S Vcr W ` i ro E y>d/V Gry Np�Pts D V Date: June 21, 2012 SPURWING GROVE SUBDIVISION NO.3 IRRIGATION EASEMENT VACATION DESCRIPTION An easement located in Lots 12 and 13, Block 1 of Spurwing Grove Subdivision No. 3 and Lots 2, 3 and 4, Block 4, of Jayker Subdivision — Phase 1, in the NE 1/4 of the SW 1/4 of Section 22, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of Lot 13, Block 1 of Spurwing Grove Subdivision No. 3, as same is recorded in Book 104 of Plats at Page 14105 of Ada County Records; Thence North 62116'50" East, 167.66 feet on the southerly lot line of said Lots 12 and 13, Block 1 of Spurwing Grove Subdivision No. 3 to a point on the northerly lot line of said Lot 4, Block 4 of Jayker Subdivision — Phase 1, said point being the REAL POINT OF BEGINNING; Thence South 73°49'52" West, 155.13 feet on the northerly lot line of said Lots 3 and 4, Block 4 of Jayker Subdivision — Phase 1 to the northwest corner of said Lot 3; Thence South 26°29'58" West, 6.80 feet on the northerly lot line of Lot 2, Block 4 of said Jayker Subdivision — Phase 1; Thence North 73°49'52" East, 136.25 feet to a point on the southerly lot line of said Lot 13, Block 1 of Spurwing Grove Subdivision No. 3; Thence North 61°48'39" East, 24.01 feet on the southerly lot line of said Lots 13 and 12, Block 1 to the real point of beginning. PREPARED BY: Site Planning • landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 9 Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com THE LAND GROUP, INC. Date: June 21, 2012 SPURWING GROVE SUBDIVISION NO.3 IRRIGATION EASEMENT VACATION DESCRIPTION An easement located in Lots 12 and 13, Block 1 of Spurwing Grove Subdivision No. 3 and Lots 2, 3 and 4, Block 4, of Jayker Subdivision — Phase 1, in the NE 1/4 of the SW 1/4 of Section 22, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of Lot 13, Block 1 of Spurwing Grove Subdivision No. 3, as same is recorded in Book 104 of Plats at Page 14105 of Ada County Records; Thence North 62116'50" East, 167.66 feet on the southerly lot line of said Lots 12 and 13, Block 1 of Spurwing Grove Subdivision No. 3 to a point on the northerly lot line of said Lot 4, Block 4 of Jayker Subdivision — Phase 1, said point being the REAL POINT OF BEGINNING; Thence South 73°49'52" West, 155.13 feet on the northerly lot line of said Lots 3 and 4, Block 4 of Jayker Subdivision — Phase 1 to the northwest corner of said Lot 3; Thence South 26°29'58" West, 6.80 feet on the northerly lot line of Lot 2, Block 4 of said Jayker Subdivision — Phase 1; Thence North 73°49'52" East, 136.25 feet to a point on the southerly lot line of said Lot 13, Block 1 of Spurwing Grove Subdivision No. 3; Thence North 61°48'39" East, 24.01 feet on the southerly lot line of said Lots 13 and 12, Block 1 to the real point of beginning. PREPARED BY: Site Planning • landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 9 Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com SPURWING GROVE SUBDIVISION NO. 3 SOUTH 1/2 OF SECTION 22, T.4N., R.1 W., B.M. LOTS 12 a 13, BLOCK 1 - IRRIGATION EASEMENT VACATE EXHIBIT SCALE: 1 " = 50' GROVE / 5' WIDE IRRIGATION EASEMENT X11 i \ • Bill Parsons From: Mike Wardle [MWardle@brightoncorp.com] Sent: Tuesday, June 26, 2012 12:02 PM To: Bill Parsons Subject: FW: Spurwing Grove No. 3 0 Will the Settler's statement, below, suffice for its "relinquishment" of the Spurwing Grove No. 3 PI easement? Mike From: Mack Myers[mailto:mack@settlersirrigation.org] Sent: Tuesday, June 26, 2012 11:34 AM To: Mike Wardle Cc: Mandy Macomb; John Anderson Subject: RE: Spurwing Grove No. 3 Mike, Settlers Irrigation District has no jurisdiction over the Spurwing pressurized irrigation system/easement therefor will not be impacted by the relocation of the said pressurized irrigation easement. We do suggest any and all other easements remain the same in accordance with Idaho code 42-1208. Thanks, Mack Myers Acting Manager Settlers Irrigation District P.O. Box 7571 Boise, ID 83707 Cell 208-871-4468 Office 208-343 5271 Fax 208 343-1642 From: Mike Wardle fmaiIto: MWardle(cbbrig htoncorp com] Sent: Tuesday, June 26, 2012 9:04 AM To: Mack Myers Subject: FW: Spurwing Grove No. 3 Mack, The Spurwing Grove 3 pressure irrigation easement relinquishment request provided to Mandy last week—and forwarded to you—is attached. As high -lighted below, the City of Meridian simply wants acknowledgement from the District that it consents to the vacation of the homeowner association PI easement. Please call me if you have questions. Mike Wardle 287.0512 From: Mike Wardle Sent: Friday, June 22, 2012 1:06 PM To: 'mandy@settlersirrigation.org' • Subject: Spurwing Grove No. 3 Mandy, The attached correspondence and legal description/exhibit concerns a Spurwing Grove Homeowners Association pressure irrigation service line that was relocated through a lot line adjustment and new subdivision plat. An application has been submitted to the City of Meridian to vacate the abandoned easement. Even though this is a part of the private HOA system, the City has asked that the Settlers District provide a letter for a-maill consenting to the vacation. Please let me know what I need to do to obtain the Districts approval; or if you have questions. Mike Wardle Director of Planning Brighton Corporation 287.0512 !SIG:4 6 27f171621340017469! 0 When recorded, please return to: 5WG Brighton LLC clo Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 int' V ADA COUNTY RE406r, Christopher D. Rich AMOUNT 31.00 BOISE IDAHO 05165 PM DEPUTY DBontilo-RE g RECORDED -REQUEST 0)+ Brighton `Rc_r"�e� 111036879 ADA COUNTY RECORDER Christopher D� Rich AMOUNT 16.00 BOISE IDAHO 04/20111 03;47 PM DEPUTY Bonnie Obetbillig RECORDED -REQUEST OF Btighton WARRANTY MEED 07 Lots) FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company (the "Grantor"), whose address_s 126131 V11. Explorer Drive, Ste. 200, _Boise, Idaho -83713, -does hereby grant; -bargain, sell, and convey unto SWG BRIGHTON LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 ("Grantee"), all of Grantor's right, title and interest in and to that certain real property located in Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein (the "Premisee). TO HAVE AND TO HOLD the Premises, with its appurtenances, unto Grantee, and Grantee's successors and assigns forever, together with all water and water rights, ditch or irrigation company shares, streets, alleys and rights of way adjacent thereto, all mineral rights appurtenant thereto, any and all singular, tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion or reversions, remainder and remainders, rents, issues, and profits thereof; and all estate, right, title and interest in and to the Premises, as well in taw as in equity, Grantor, for itself, its heirs and assigns, does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said Premises; that -the Premises are free from all encumbrances; that Grantee, its heirs and assigns shall be entitle d to the quite and peaceable possession off said Prer»ises; and that Grantor will warrant and defend the same forever from all lawful claims whatsoever. [End of text] WARRANTY DrE4) C :ifl eratioitsk vetopntestti letavr Nrpjeei8lSparbYin� Greens (Ol{�5j;�i5 projeti Adril,� 8e OperaaSoit Dacufnents;Wgeranfy Heed - B[LLC io SWGB LLC d-14-1l.doc 0 E jq�- IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this . - day of April, 2011. GRANTOR: BRIGHTON INVESTMENTS LLC, an Idaho limited liability com any By: 71 Da i urribull., Managing Member State of Idaho County of Ada On this --O --- of April, in the year of 2011, before me the undersigned notary public, personally appeared David W. Turnbull, known or identified to me to be the Managing Member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. & A - AMANDA MCCURR Y NOTARY PUBLIC STATE OF IDAHO MY Commission WARRANTY Dr�,M) - 7 (o I t)s)koo project Admin et 00efal!01, DeeA - tilt LC. SWOO LLC 4-194 14,, EXh1—.. IBIT A LEGAL DESCRIPTION Lots 2, 3, 4, 5, 6, 7 and 8 in Block 2, Lots 1, 2 and 3 in Block 5, Lots 1, 2, 3 in Block 6, Lot 1 in Block 7 of Jayker Subdivision – Phase I, according to the official plat thereof, filed in Book 101 of Plats at Pages 13341-13352, and amended by Affidavit recorded January 12, 2009 as Instrument No. 109003074, official records of Ada County, Idaho. and Parcel A (Lot 2), Parcel B (Lot 3) and Parcel C (Lot 4 in Block 4), according to Record of Survey No. 8942, recorded on March 16, 2011, as Instrument No. 111022811, Jayker Subdivision No. 1, official records of Ada County, more fully described as; #11 R1 -'?A t3 DL--r-r) - EXHIBIT A • ADA COUNTY AER J. DAVID NAVARRO AMOUNT 40.00 11 BOISE IDAHO 10/22/10 04;66PM REPUTYCORDED-REQicki A UEST IIINIIIIIIIIII�IIgIIIllillllll�lllilll{II�III�IIIIII{ RECgftDED•RECtUEST OF TITL5ONE BOISE 110099750 When recorded, please return to: Brighton Investments, LLC c/o Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 iA 10214 "70 ." G I I -s SPECIAL. WARRANTY DEED (SpurWing Greens - "parcel 1" and "Combined Parcel') FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, LION LAND, LLC, an Idaho limited liability company (the "Grantor"),- whose address _is 3408 E. Overland Road, Suite 180, Meridian, Idaho 83542, does hereby grant, bargain, sell, and convey unto BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company, whose address Is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 ("Grantee"), all of Grantor's right; title and Interest in and to that certain real property located in Acta County, Idaho, legally described an Ex ibit A, attached hereto and incorporated herein (the "premises"). x TO HAVE AND TO HOW the Premises, with its appurtenances unto Grantee, and Grantee's successors and assigns forever. Grantor does hereby covenant to and with Grantee, that Grantor is the owner in fees simple of the Premises; that the Premises are free from all encumbrances created or suffered by Grantor, except those made, suffered or done by Grantee, and except (a) general taxes and assessments, including utility assessments for the current year, which are not yet due and payable, and will be prorated between Grantor and Grantee as of the date of execution of this deed; and (b) the easements, rights of way and other matters listed on Ex_ , hibit B attached hereto and incorporated herein, and that Grantor will warrant and defend the same forever from all other lawful claims. [End of text] 0p IAL WARRANTY DEED - I 0 When recorded, please return to: Brighton Investments, LLC c/b Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 E ELECTRONICALLY RECORDED STAMPED FIRST PAGE NOW INCORPORATED AS PART OF THE ORiGANAL DOCUMENT. SPECIAL WARRANTY DEED (SpurWing Greens - "Parcel 11" and "Combined Parcel") FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, LION LAND, LLC, an Idaho limited liability company (the "Grantor" % whose address is 3405 E. Overland Road, Suite 150, Meridian, Idaho 83642, does hereby grant, bargain, sell, and convey unto BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 ("Grantee"}, all of Grantor's right, title and interest in and to that certain real property located in Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein (the "Prernises!'). TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and Grantee's successors and assigns forever. Grantor does hereby covenant to and with Grantee, that Grantor is the owner in fee simple of the Premises; that the Premises are free from all encumbrances created or suffered by Grantor, except those made, suffered or done by Grantee, and except (a) general taxes and assessments, Including utility tility assessments for the current year, which are not yet due and payable, and will be prorated between Grantor and Grantee as of thedate of execution of this deed; and (b) the easements, rig- hts of way and other matters listed on I Ex - hitit B I at I tached hereto and incorporated herein, and that Grantor will warrant and defend the same forever from all other lawful claims. (End of text] SPECIAL 11VARRANTY NEED - I IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this 4.'..4ay of October, 2010. GRANTOR: LION LAND, LLC, an Idaho limited liability company By: -.ft Ll-�"— Name: C U191 S7T5P- AN bEkSo �J Title: Pqcm P P41 Mv A 6M - State of Idaho I County of it On this da of 0 ber, in the year, of 2010, before me the undersigned notary public, persongi-ly ''day of 6�?16 'a" 39J , known or identified to me to be the 't'l Ad ttd of the limited liability company that e; re c07d — the rlme= r the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. �"PECIAL'IYARRANITY DF -ED - 2 • ting! nj North W. Emerald Sir, SUke 140 Project No. 09-027-01 Exh Logal Description LLC BOt9C, MAO 88704 PARCEL 1 DESCRIPTION • (208) 376-M • Fax bate: January 7, 2010 376.5556 A parcel of land located in the SE 114 ofSection 22, T. 4 N„ R. I W., B.hL, Meridian. Ada County, Idaho, more particularly desen-bed as follows: Con1wncing at the section comer conunon to Sections 22, 23, 26 and 27 of said T. 4 N., P,. l W:; Whence North $9617,35,, west, 1293,74 feet on the section line common to said Sections 22 and 27; Thence leaving said section line, Nmh 00°25'45" Pmt,145,00 feet to the northeast most corner of Lot 1, Block 16 of layker Subdivision. as same is shown on the plat themfreeorded in Book 101 orPlats at Page 13341 of Ada County Records, said point a[so being on the westerly boundary line of Westwing Mates. as same is shown on the plat themfroo4nial in gook T of Plats at Fage 7200 of Ada Countyr Records, said point also being the RLAL. POINT 4F BEGINNING; Theme on the exterior boundary line of said Jayker Subdivision for the following courses and distatwes: Thence North 89° 1735" West, 357.04 feet; Thence North 00*4212S" East, 9000 feet; Thence Soeeth 8901735" EW, 10.13 feet; Thence North 00°42,25" Bast, 50.00 ; Thence North 89°17135" West, 1419 feet; Thence North 00°4215" east, 55.00 feet; Thence South 891735" East, 45.70 feet; Thence North 00°42°25" Eag, 110.00 feet; `hence South ago 17`35°' Fast, 8.07 feel; Thence North 00042125" East, 55.00 feet; Theme 3011th 99"ITIS" East, 30.26 feet; :,SPECIAL °Ji(ARt"10-11NTY BEED — F-AHIMIT A Thence North 04004225" Fast, 47.74 feet; Thersce North 55954149" East, 37.41 feet; ThGnce North 34°05-11" West, 5S.+Da fce4 Thence North 55054'49" But, 29,98 feet to a point of curve; Thence 51.85 feet on the arc of a curve to the left, said curve hawing a radius of 197.50 feet,,a central angle Of, 5°02'46"and a chord distance of 51.72 feet which bears N011h 48*23126 " East; Thence North 15°(19'1 On W est, 328.27 feet; Them Noah 82°44117" West, 9112 feet; Thence North 51'13'31" West, 15.64 feet; Thence South 3804629" West, 66.89 feet; Thence North 5I"I3'31" West, 24,88 feet; Thence South 53°59'56" Wes1,111.34 feet; Thence North 56°22'031' West, 50.63 fect; Thcncc South 31649S3" West, moo feet; Then North 58°10'27" West, I20.00 feet; Thence North 310493311 Last, 22.04 feat; Thence North 58°10'27" Wiest, 52.02 feel; Thence North 13*560120 Fast, 42.27 feet; Thence North 58°102711 West, 110.44 feet; Thence North 31 °x49'33" East, 60.00 feet; Them North 5801017" West, 20.00 feet; Theme NortMt 31 °49'33" mast, 64.00 fed; T'henec North 5801077" West,11.39 feet; Thence North 31049133' East, 116.48 feet to a point ofcurve; • 0 Thence 131.16 feet on the ora of a eurve to the right, said curve having a radius of 560.00 feet, a central angle of 13425'09"and 2 chord distance of 130.86 feet which bears North 44016'23" But,, Thence Forth 50458158" Bast, 32.56 feet; Thence North 490,59`16" East, 55,+00 feet to a point of curve; Thence 137.14 feet an the are of a curve to the left, said curve having a radius of 660.00 feet, a central angle of 11 °54'19"5 id a chord distance of 136.89 feet which beams North 41°5051" But; 'benne leaving the exterior boundary lista of said Jayter Subdivision, South 53°5958" EM, 210.12 feet; Thence South 69°13'00" R=4134.60 feet; Thence North 67012145" Bast, 226.01 fat (fonneriy described as 225.88 feet) to a point OR the westerly boundary line of said Westwing Estates; Thence South 0002545" West 1088.61 feet(formerly desosibed as South 00'25106"West) an the westerly boundary linin of said Westwing Estates to the real point of beginning,. Said. pamel Contains 13.12 acres more or less. PftPAREA BY: Enginceclug Northwest, LLC JQmes pt, Washburn, PLS North West, LLQ' 13601 W. McMillan Rd., Ste. 102-248 Boise, Idaho 83713 (208) 376.54Qit • Fax (2W 376-5556 Project No. 09-027-01 Date: October 18, 2010 COMBINED PARCEL AREA DESCRIPTION A parcel of land located in Section 22, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 22, 23, 26 and 27 of said `I'.4N.,.R. 1 W.; 'thence North $901735" West, 2647.29 feet on the section line common to said Sections 22 and 27 to the 1/4 Section Corner common to said Sections 22 and 27; Thence North 89017117" West, 1323.58 feet on the section line common to said Sections 22 and 27 to the West 1/16 th Section Comer common to said Sections 22 and 27; Thence leaving said section line, North 0011341+`43" East, 860.39 feet on the north -south 1/16 th section line of the SW 1/4 of said Section 22 to the REAL POINT OF BEGINNING; Thence continuing North 0003943" East, 1119.46 feet on the north -south 1/16 th section line of the SW 114 of said Section 22 to the southwest coiner of that paircel of land as described in warranty Deed instrument Number 94010662 of Ada County Records; Thence leaving said 1/1 6th section line, South 89°28'42" East, 437.54 feet on the southerly boundary line of said Warranty Deed Parcel to the southeast corner of said Parcel, said point Wing a point of curve; Thence 80.70 feet on the arc of a curve to the right, said curve having a radius of 240.04 feet, a central angle of 190154711 and a chord distance of 80.32 feet which bears North 44°55'39" liast; Thence North W3332" East, 70.01 feet to a point of curare; Thence 364.31 feet on the arc of a curve to the right, said eurve having a radius of 1880.96 feet, a central angle of 19°18'36" and a chord distance of 362.58 feet which bears North 64012!50" East, 'Mence North 001128'18" East, 172.59 feet to the southwest corner of that parcel of land shown on R000rd-of-Survey Number 20061 of Ada County Records; Thence South 89030112" East, 778.15 feet on the southerly boundary line of said Record - of -Survey Number 2006 pard; Thence North 00030°35" East, 85.11 feet on the northerly boundary line of that parcel of Land as shown in "Detail A" on Sheet 1 of the Plat of said 3ayker Subdivision; Combined Feel Asa Dew:.dae Peg; t aM ,SPECIAL INAFIRAN-1-Y #W� ED -d- EXHIBIT A Thence South 4201712311 East, 18,11 feet on said northerly boundary line; "Thence South 00013'10" West, 80.96 feet on said northerly boundary line; Thence South 86030'59" East, 189.75 feet on said northerly boundary line; 'thence South 47025'06" East, 249.20 feet on said northerly boundary line; Thence leaving said northerly boundary line, South 40°47'36" East, 80.98 feet to a point of curve; Thence 314.24 feet on the are of a curve to the right, said curve having a radius of MOM feet, a central angle of 27016'48" and a chord distance of 311.28 foot which bents South 31°43`49" East to a point on the northerly boundary line of Jayker Subdivision -- Phase 1, as same is shown on the Plat thereof recorded in Book 101 of Plats at Page 13341 of Ada County Records; Thcncc on the northerly boundary line of said Jayker Subdivision for the following courses and distances: Thence South 71"54'35" West, 60.00 feet to a point of curve; Thence 24.55 feet on the are of a curve to the right, said curve having a radius of 15.00 feet, a central angle of 93°4625" and a chord distance of 21.90 feet which bears South 2804748" West; Thence South 75041'00" West, 14.34 feet; Thence North 1419'00" West, 86.90 feet; Thence North 260'52145" West, 32.18 feet; Thence North 84052'43" West, 51.80 feet; Thence South 77°37143" West, 34.17 feet; Thence South 140'19'00" East,136.28 feet to a paint of curve; Thence 99.84 feet on the are of a curve to the right, said curve having a radius of 276.50 feet, a central angle of20°41'18" and a chord distance of 99.30 feet which bears South 89012191, West; Thence North Soo26`52" West, 31.21 feet to a point of curve; Thence 23.56 feet on the are of a curve to tic right, said curve having a radius of 15,00 feet, a central angle of 90000'00" and a chord distance of 21.2 t feet which bears North 35126'52" West; C:ixnhimd Nrcel Awe L)mdoc Paget of 4 ,':gf9EC, I AL VV ARRA{t TY MUD — 6 MIDIT SEA • 0 Thence North 80°26'52" West, 50.00 feet to a point of curve; Thence 23.56 feet on the are of curve to the right, said curve having a radius of 15.00 feet, a central angle of90°00'00" and a chord distance of 21,21 feet which bears South 54033'08" West; Thence North 80026'52" West, 7.12 feet to a paint of curve; Thence 76.93 feet on the are of a curve to the left, said curve having a radius of 273.50 feet, a central angle of 16°0710 P and a chord distance of 76.68 feet which bears North 88°3923" West; Thence North 06033'53" West, 121.84 feet; Thence South 85°47'31" West, 128.17 feet; Thence South 42°54'07" West, 199.06 feet to a point of curve; Thence 38.06 feet on the arc of a curve to the left, said curve having a radius of 296,50 feet, a cental angle of 0702I'20" and a chord distance of 38.04 feet which bears North 65"1&23" West; Thence North 68057'03" West, 72.04 feet; "Thence South 21'05'46" West, 55.00 feet; Thence North 68°57'03" West, 68.24 feet to a point of curve; Thence 61.83 feet on the arc of a curve to the right, said curve having a radius of 423.50 feet, a central angle Of'OMI'53" and a chord distance of 61.77 feet which bears North 64046107" West; Thence South 15°1676" West, 75.74 feet; Thence South 84010'01" West, 71.62 feet; Thence North 87040155" West, 75.09 feet; Thence South 00033136" past, 116.01 feet; Thence South 8902614" West, 28.75 feet to a point of curve; Thence 70.12 feet on the arc of a curve to the left, said curve having a radius of423.50 feet, a central angle of 09°29'11" and a chord distance of 70.04 feet which bears South €1441'49" West to a point of reverse curve; Thence 22.19 feet on the are of a curve to the right, said curve having a radius of 15.00 fcct, a central angle of 84045159" and a chord distance of 20.22 feet which bears North 57039'48" West; Combined Fri -&a a Desc.doc Page 3 of 4 0 Thence South 74°43119" West, 50.00 feel to a point of curve, Thence 22.19 feet on the are of a curve to the right, said curve having a radius of 15.00 feet, a central angle of 84°46'24" and a chord distance of 20.22 feet which bears South 27005158" West to a point of reverse curve; Thence 1.23 feet on the are ora curve to the leis, said curve having a radius of 423.50 feet, a central angle of 00'09'57" and a chord distance of 1.22 foot which bears South 69°24'12" West; 'Chence South 69019113" West, 69.22 feet; Thence North 2004047" West, 108.24 feet; Thence South 731149152" West, 193.61 feet; Thence South 26°29158" West, 146.39 feet to a point of curve; Thence 74.96 feet on the arc of a curve to the right, said curve having a radius of 392.50 feet, a central angle of 10056351" and a chord distance of 74.85 feet which bears South 47035'54" East; Thence South 47052123" West, 57.11 feet; Thence 31.21 feet on the are of a curve to the right, said curve having a radius of 137.00 feet, a central angle of 13003115" and a chord distance of 31.15 feet which hears South 43°21139" kesl, Thence 101.611 feet on the are of a curve to the right, said curve having a radius of 337.50 feet, a central angle of 17"15'01" and a chord distance of 101.23 feet which bears South 28°12129" East; Thence South 19"3449" East, 104.31 feet; Thence leaving said Subdivision Boundary line, South 60039126" West, 608.47 feet to a paint of curve; Thence 193.37 feet on the are of a. curve to tho right, said curve having a radius of 485.54 feet, a central angle of 22°49'07" and a chord distance of 192.10 feet which bears South 72°03159" West to the real point of beginning. Said parcel contains 34.02 acres more or less. co-MbIned 6':veel Arca r"ge'&C PREPARED BY: Engineering NorthWest, LLC 880—MI ^3010 James R. Washburn, PLS Fxt 4of4 STATE OF IDAHO ) COUNTY OF ADA ) G_�21�C_1!/19L� C�2 /Ub. --�5 AFFIDAVIT OF LEGAL INTEREST l U 1,L, I z-&& 1,e, 4-- k fel%t �Z bY1. , - z80 (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: (name)1�.= (address)z� to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of , 20ZA _ (Signature) SUBSCRIBED AND SWORN to before me the day and year REBECCA A. :HAN,]J'KSNOTARY PUTc OF iD My Commission Expires: �Z • l/ •f//// esa■ o ■• i� II��� i! �o 0 li a 06, Iia( m LL- a. wZ N6,� WOE5~ s NS 'mm �WirZO2 W C') Z '. V��} C rl U7 O V N R LL. Q J ��C V) OV 10 1 W mO U.mF- o o ZSfi cn S Q F v ,i �N(L Q Qo ®I a LLI _1m 0 li a • �ERIDIAN*,,---, • Customer Receipt City of Meridian, Planning Department 33 E. Broadway Ave. Suite 102 Meridian, ID 83642 PH: 884-5533 /FAX: 888-6854 Project Name Spurwing Grove No. 3 Application Number VAC -12-002 Applicant Michael Wardle Applicant Address 12601 W. Explorer Drive # 200, Boise, ID 83715 Project Address Subdivision Professional Address: Phone: FAX: Fees and Receipts: Number Description Amount 21865 Vacations $589.00 Total Fees: $589.00 Check Number: 9737 (06/22/2012) $589.00 Total Receipts: $589.00 Balance Due: $0.00 Hearing Date: d41y 249 2012 Project Name: Spurwing Grove No. 3 File No: VAC -12-002 Request: Vacate a 5 -foot wide irrigation easement on Lot 13, Block 1 of Spurwing Grove Subdivision No. 3, by Brighton Development. Location: North of W. Greenspire Drive and west of N. Moon Drummer Way located in the NE '/ of the SW '/ of Section 22, Township 4 North, Range 1 West.