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ApplicationMayor Tammy de Weerd City Council Members: E IDIAN KHoag un Brad Hoa lun Charles Rountree D A H O 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 Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: '9 -Aug -1 2 Transmittal Date: July 25, 2012 File No.: CPAM 12-001, AZ 12-005 & PP 12-003 Hearing Date: August 16, 2012 Request: Public Hearing -Amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 75.5 acres of land from LC (Lifestyle center), MHDR (Medium High Density Residential) and HDE (High Density Employment) to MUC (Mixed Use Commercial); Annexation and zoning of 89.22 acres of land from the RUT zoning district to the C -G (General Retail & Service Commercial) zoning district; and Preliminary Plat approval of 50 commercial building lots & 4 common/other lots on 75.5 acres of land for TM Crossing By: Brighton Investments, LLC, Steven Smith and CRS10 Location of Property or Project: northeast corner of 1-84 and S. Ten Mile Road Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (Ivo 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 Parks Department Economic Dev. City Engineer 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 -Kusa Irrigation District Boise Project Board of Control / Tim Page City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 *Fax 208-888-4218 • www.meridiancity.org E IDIAN: -- Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance • nnexation and Zoning Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit STAFF USE ONLY: ❑ Conditional Use Permit Modification File number(s): CS PrK_ ❑ Design Review ❑ Development Agreement Modification Z -12'C PP- IZ' 003 ❑ Final Plat ❑ Final Plat Modification Project name: 1 ❑ Planned Unit Development Date filed: Date complete: ❑ Preliminary Plat Assigned Planner: h > ts ❑ Private Street ❑ Rezone Related files: ❑ Short plat ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment Hearing date: 8 - lb —YL. 'Tommission ❑ Vacation (Council) Council ❑ Variance ❑ Other Applicant Information Applicant name: ?_ILto VeiM 5*1 114 C0510 Phone: Fax: Applicant address: 1?JoV 1 W q J-2.GO ip: e t/ 3 E-mail: Applicant's interest in property: Own ❑ Rent ❑ Optioned ❑ Other Owner name: 514im C.= Phone: Owner address: Zip: E-mail: Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Fax: Phone: Fax: Zip: E-mail: Primary contact is: Applicant ❑ Owner ❑ Agent ❑ Other Contact name: /I^JA6L D. �� D� _ PhoQne:: 2 Fax: 377• B1MVZ' Contact address: 1 UPC/ /i(,9, ok, � - n-* Zip: -L 3 E-mail: I'414,9 YIiL L _&&t� bNi4d" • deft'l Information Location/street address: I CIV I Ell 1" Assessor's parcel number(s): Township, range, section: %3 //',�' I Total acreage: Current land use: d �9�•iCu�1 u� Current zoning district: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11 /29/11) Project Description Project/subdivision name:_%= General description of proposed project/request: Proposed zoning district(s): C_ " Acres of each zone proposed: t&& " &' Type of use proposed (check all that apply): ❑ ResidentialCommercial ❑ 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: 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: Secondary: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.£): Net density (DU/acre-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: Building: Existing (if applicable): Building height: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: 4uthorization Print applicant nan Applicant signature Seating capacity: Number of compact spaces provided: 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) E Planning Department s 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 ITSE ONLY: ❑ Conditional Use Permit Modification ❑ Design Review File number(s): � —ZA4_ 45 ❑ Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification P%left game: ❑Planned Unit Development Dt filed: Date coittplete 8 Preliminary Plat ❑ Private Street Assigned Planner: ❑ Rezone Related files: ❑ Short plat ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment Hearing date: ❑ Cotnnnissi©p'❑ ❑ Vacation (Council) ❑ Variance Council ❑ Other Applicant Information Applicant name: Brighton Investments LLC, Steven Smith, CRS10 phone: 378-4000 Fax: 377-8962 Applicant address: 12601 W. Explorer Dr., Boise, ID Zip: 83713 E-mail: Applicant's interest in property: B Own ❑ Rent ❑ Optioned ❑ Other Owner name: SAME Owner address: Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Primary contact is: 8 Applicant ❑ Owner ❑ Agent ❑ Other Contact name: Michael D. Wardle Contact address: 12601 W. Explorer Dr., Boise, ID Phone: Zip: E-mail: Phone: Zip: E-mail: Phone• 287-0512 Zip: 83713 Subject Property Information Location/street address: NE corner Ten Mile Road and Interstate 84 Assessor's parcel number(s): S1214325415, S1214325505, S1214314807 Township, range, section: T3N R1 W Section 14 Current land use: Agriculture Fax: Fax: Fax: 377-8962 E-mail: mwardle@brightoncorp.com Total acreage: 75. 52- Current ZCurrent zoning district: Ada County RUT 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29/11) Project Description Project/subdivision name: Ten Mile Crossing being platted as "TM Crossing" General description of proposed project/request: Annexation of approximately 7 .4;7acres with zoning of C -G, General Commercial, and preliminary plat for retail, professional and hospitality uses. Proposed zoning district(s): C -G, General Commercial Acres of each zone proposed: AL.L. _715;-57- 040-M'� btu- >2�E ca-& Type of use proposed (check all that apply): ❑ Residential B Commerbial B Office ❑ Industrial N Other Hospitality Amenities provided with this development (if applicable): " t°lb .) 1;_'Vr AC-, 29&U 1 2EV 13Y kips Who will own & maintain the pressurized irrigation system in this development? Commercial owners association Which irrigation district does this property lie within? Nampa -Meridian Primary irrigation source: 'S-UrQfAC5- Secondary: VJGZ-4 -s Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 9 Ulm cam" C rN 12ge1A MED 1AA1n2 1lb Ax-) A L�n*kTI lr=_!­" Residential Project Summary (if applicable) Number of residential units: N/A Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (Macre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: So Other lots: 4 - Gross floor area proposed: TBD* Existing (if applicable): N/A Hours of operation (days and hours): TBD* at detailed site plan/final plat Building height: NTE 65 feet Percentage of site/project devoted to the following: Landscaping: TBD* - 10% required Building: TBD* Paving: TBD* Total number of employees: TBD* Maximum number of employees at any one time: TBD* Number and ages of students/children (if applicable): N/A Seating capacity: N/A Total number of parking spaces provided: TBD* Number of compact spaces provided: TBD* X -t-01D' �E'hE12Vu11LfL�"D ,4-r -Dry-ra�+� si-tl= %lam/ ua�.`Pc. t -- Authorization Print applicant name: Applicant signature:. , Director otRlanning, Brighton Corporation Date: July 16, 2012 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.mefdiancity.org 2 (Rev. 11/29/11) Revision — July 6, 2012 Subject: "Ten Mile Crossing" Comprehensive Plan Map Amendment Brighton Investments LLC, in conjunction with Steven Smith and CRS 10, (hereafter, Brighton) proposes a commercial development on approximately 75.5 acres of land located at the northeast quadrant of the new Ten Mile Road / I-84 interchange in Meridian, Idaho. As depicted by Figure 1, below, the project will be known as "Ten Mile Crossing" for its direct relationship with the new interchange. Interstate 1-84 N I I j� �;• Ten Mile Road 5� _.------..- + 4 iesrx t t Kennedy Lateral zE:STM i'" s �s "Ten Mile v Crossing, Ta for Drain L "•� ' i ��oast i 1 � F Ten Mile Creek --- ! _--- j Purdam Drain { Franklin Road i 11 I Figure Over the last two years, Brighton engaged in a comprehensive planning process that considered (1) access and circulation, (2) prospective users / tenants, (3) market conditions, and (4) comparable projects throughout the western US. We have generated strong interest from a handful of quality retail tenants and are now prepared to proceed with development of the 75 acre parcel at the northeast corner of the Ten Mile Interchange. Applications will include a Comprehensive Plan Map amendment, [the subject of this proposal]; annexation and zoning and preliminary plat. The latter two items will be submitted separately in the next few weeks. 1 BACKGROUND "Ten Mile Crossing" is located within the "Ten Mile Interchange Specific Area Plan " (here- after TMISAP) component of the City of Meridian's Comprehensive Plan. The TMISAP was adopted by the Meridian City Council on June 19, 2007, in anticipation of the long -planned interchange at Ten Mile Road and Interstate -84 (Figure 2). Ten Mile Interchange Specific Area o Q w v •.,.. m . ti. , i . , Z w z _( L.( I FRANKLIN ('INS -INTERSTATE 84 . Y ,..., OVERLAND Future La I I .. - High Density Employment (HDE) Mar D--, Ree.demo MDR; Mixed Employment (ME) Medium High Density Resraenhal (MHDRI Lav Density Employment (LDE) Medium Density Res;deneal (MDR) +� Ii—tdel ND - Low Density Refidemial (LDR) .T - Lifestyle Center (LC) _ Green Space end Park Land (PARK) \ , _ Mixed use Commerasil(Muc) c— (civic; �°' \� Mixed Use Resrdentira (MUR) Gasime Easement (GAS) ._. ; 'I r,i-f-tair. _ l 0 Roundae Anerol — eaeeee PetMtlal Cobb# Exhv a 0n Pbentiel Meru) EL®nsien PalbRal Shp Ramp -. ............. -- -,' tOANU f Adopted .lune l9, 2007 Repw>••a b, hl dr, tXpnn—n Figure Z 0 0.25 0.5 1 Prim atm: (19 1+117 The current TMISAP proposes "employment" uses immediately adjacent to the Interstate on all three development quadrants of the interchange—High Density Employment (H -E) at the northwest and northeast (the subject) and Mixed Employment (M -E) at the southeast. The latter designation is distinguished by the allowance of light industrial uses among the corporate, business and professional office emphasis of the H -E designated areas. 2 Portions of the properties at the northwest and southeast quadrants of the interchange have been annexed with zoning of H -E and M -E, respectively, as denoted below. C -N 71 � weirerrmies�ns� i V LL .x��airo+reirni.o„0 IL C -C J ► r.�mr� A W 0 LU Z Z 1 dwvar�.a mF� ranee ,.: h} -F W OVERLAND RD --- ------------ --- rN_C e . Th -11 i However, the annexation at the northwest quadrant (File AZ -11-001) significantly expanded the area designated Mixed -Use Commercial (MUC) by the TMISAP. Approximately 40 acres of land was zoned Community Business, C -C, replacing entirely the plan's Mixed - Use Residential (MUR)-designated land—apparently without amendment of either the TMISAP or Comprehensive Plan Future Land Use Map. Brighton assumes that action to be an acknowledgement of needed changes in the land -use projections of the TMISAP and dramatically changed economic conditions since 2007. MARKET ANALYSIS During the City Council hearing on the above -noted property, David Turnbull discussed those changed land -use realities by noting the commercial characteristics and relative advantages and disadvantages the three quadrants of the Ten Mile / I-84 interchange intersection. Specifically: • Southeast Quadrant. Zoned principally M -E, Mixed Employment, the area is owned by one of Silicon Valley's largest landlords and is prime for a major business / high-tech campus environment. That assessment is bolstered by the fact that the site lacks the necessary access for substantial retail development. 3 • Northwest Quadrant. There are multiple ownerships at that location with an already - approved high-density office -oriented development. And, while that corner enjoys good access from Ten Mile, it is not on the "going -home" side strongly preferred by retailers. • Northeast Quadrant. Of the two owners of the commercially -oriented 200 acres at this location, Brighton has 75.5 acres immediately adjacent to I-84 and 43 acres at the Ten Mile/Franklin corner—approximately 60% of the total Ten Mile "going -home" frontage. Its natural retail orientation, with excellent visibility from both west -bound I-84 traffic and from the overpass as west -bound traffic exits the interstate, has focused the attention—and strong interest—of major national retailers Conclusion The Brighton team's extensive market research of successful commercial projects in California and Colorado has led us to the firm conclusion that each quadrant should play to its individual strengths and differentiate itself from the others to maximize the opportunity for the successful development of all three quadrants. Some mix of uses is possible, but to a limited degree. For instance: o The Southeast Quadrant will support minor retail once a substantial employment base is in place. o The high-density orientation of the Northwest Quadrant will also support some minor retail as well as medium to higher -density residential, all of which appears to be located along Franklin, north and west of the H -E, M -E and C -C zoned properties based on the zoning and plat approvals of the annexed parcels. o The Northeast Quadrant is the most viable retail location, able to attract major anchor tenants that are necessary to generate demand for smaller retailers and service providers. The area will support some office uses and other mixed use components, primarily toward Franklin Road along Ten Mile Creek, which will provide a natural amenity desired by such uses. Subsequent applications for the 43 -acre parcel at the corner of Ten Mile and Franklin will incorporate the "Mixed -Use" objectives of the current TMISAP MU -C designation with its varied commercial, residential, employment, and professional office uses. BRIGHTON PROPOSAL Brighton proposes amendment of Meridian City Comprehensive Plan's Future Land Use Map designations for the southerly 75.5 -acre portion of the northeast quadrant of the Ten Mile/I-84 intersection from High Density Employment, Lifestyle Center and Medium -High Density Residential to Commercial—not the "commercial" designation of the TMISAP, but rather the 4 general commercial of the Comprehensive Plan's "Citywide" land -use designation. Even though "Ten Mile Crossing" will not develop to the mixed-use standards of the TMISAP, it will be subject to its design goals and may include a range of uses from office and professional, to hospitality, to large and small retailers. It is Brighton's intent to address the Plan's design goals through the Development Agreement, beginning with the detailed first phase submittal following preliminary plat approval, and through subsequent phases with Development Agreement modifications, as necessary. This application will soon be followed by applications for annexation and zoning of C -G, General Retail and Service Commercial, and preliminary plat approval of the "Ten Mile Crossing" project. The basis of the requested modification depicted in Figure 3, on the following page, includes: • The proposal is in general conformance with the goals and aspirations of the City's Comprehensive Plan. • The proposal for the major retail at the "going -home" corner will focus commercial development interest and energy to Ten Mile and I-84, and encourage development at the other quadrants of the interchange to the level and character of their respective strengths. • Finally—and significantly—Primrose Subdivision neighbors that attended the project review meeting on June 6th expressed general support for the proposed land -use modification to remove the Medium -High Residential designation adjacent to their neighborhood in favor of the retail proposal for Mixed -Use Commercial. 5 CHILACOT I f FRAI Future Land Use - High Density Employment (HDE) High Density Residential (HDR) Mixed Employment (ME) Medium High Density Residential (MHDR) Low Density Employment (LDE) Medium Density Residential (MDR) Industrial (IND) Low Density Residential (LDR) - Lifestyle Center (LC) - Green Space and Park Land (PARK) Mixed Use Commercial (MUC) Civic (CIVIC) Mixed Use Residential (MUR) W Gasline Easement (GAS) Transportation Roundabout Collector Arterial -- Potential Collector Extension ^^� Potential Arterial Extension Potential Slip Ramp Figure 3 2 BRIGHTON CORPORATION July 16, 2012 Peter Friedman, Planning Division Manager City of Meridian Planning Department City Hall Meridian, ID 83642 Re: Ten Mile Crossing Annexation / Zoning and Preliminary Plat Applications Dear Peter, Enclosed are annexation and zoning, and preliminary plat applications for "Ten Mile Crossing." They are companion applications to the Comprehensive Plan Map amendment request submitted to the City on June 12, 2012, which details Brighton's* proposal for the development of commercial property at the Ten Mile Road / I-84 interchange. Comprehensive Plan Amendment Brighton's companion application for amendment of the City's Comprehensive Plan's Land Use Map to the "Citywide" land -use designation of "Commercial" allows a range of uses from office and professional, to hospitality, to large and small retailers. Examples of those potential users, along with typical building materials, are provided in the "Building Elevation Concepts" exhibit which accompanies the preliminary plat application. Zoning "Ten Mile Crossing" will develop with C -G zoning under the City's "general commercial" designation. However, Brighton is committed to applying "Ten Mile Interchange Specific Area Plan" design objectives through the development agreement, beginning with the detailed first phase submittal following preliminary plat approval, and through subsequent phases with development agreement modifications, as necessary. Preliminary Plat Brighton expended significant time and effort in planning, discussion, and negotiations with Treasure Valley Investments for a joint development program through a single application package. That effort was unsuccessful, necessitating separate and independent action to meet the construction schedules of major retailers desiring to break ground at Ten Mile Crossing in the spring of 2013. * (The term "Brighton" refers to the combined ownerships of Brighton Investments, Steven C. Smith and CRSIO) Brighton Corporation 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 www.bri-htoncorp.com Tel. (208) 378-4000 Fax (208) 377-8962 Page 2 of 2 07/16/2012 Thus, this request includes only the larger of the two Brighton parcels east of Ten Mile Road between Interstate 84 and Franklin Road; specifically, 75.52 acres immediately adjacent to I-84. Brighton's other 43 acre parcel located at the Ten Mile and Franklin intersection, is separated from the subject by Treasure Valley Investments property and will be addressed by future applications. Access to Brighton's property is provided by ACHD right-of-way secured by ITD across Treasure Valley Investments property during construction of the interchange and Ten Mile Road. The conceptual site plan depicts the proposed building configuration of the largest users principally along the northern property boundary facing south, toward west -bound interstate traffic and north -bound traffic from the interchange itself, given its significant elevation above the site. Smaller structures and retail pad sites line Goodland Street. Their reduced "massing" will provide vision corridors between the larger structures to the north and I-84. The preliminary plat contains 50 building lots, more than the number of buildings proposed but necessary for flexibility as parcels are assembled at final platting. Of the four common lots, three are buffers along Ten Mile, I-84, and the eastern property line. The Ten Mile and I-84 buffers contain the 85 foot -wide Purdam Drain easement which is being relocated to the exterior property line. A tree -lined corridor will be located adjacent to the drain easement on both frontages for screening buffers as required by the City's UDC. The common lot along the eastern property line includes the City's 32 foot -wide sewer easement with an additional 15 - foot, tree -lined buffer between the easement and New Market Avenue which will be extended to Franklin Road in the future. Variances / Covenant Restrictions No variances are proposed with these applications. Covenants have not been formulated for this submittal but will be prepared at detailed phase planning and platting. Deed restrictions and requirements for cross -access and parking, utilities, pressure irrigation and landscaped commons, along with the responsibilities of the owner's association for operation and maintenance, will be specified at that time. Please let us know if you, or your staff, have questions or require additional information. For B ' hton poration Michael D. Wardle, Director of Planning Tt P, Mot �-Noc +� U923MM VV Franklin Rd U S Rau* 30 io Netnimta U S' W OVW%Md Rd CIO G ,,nine!0Cir V Vicinity Map HORZONTAL SCALE I- - 1,000' (APPRO)WATE) 201 o�—; THE LAND GROUP INCORPORATED 462 East Shore Drive, Suite 100 Eagle, Idaho 83616 Phone 208.939.4041 , Fax 208.939.4445 Sh�t 'Fift Ten Mile Crossing Comp Plan Map Submittal Propel No.: We of l8wonct o671z, DftNned by lh*6*d by Shmt No.: Nm --i M th—td.. h.w .., W . .PW ,rO—d 01.0 .,,— .&W �flli I If r,1 Land pouf. Inc. PROJECT LOCATION V M (TEN MILE CROSSING) MERIDIAN IDAHO U1 Ver [ �b8ri8 Car U S Rau* 30 io Netnimta U S' I! 2012 W OVW%Md Rd CIO Vicinity Map HORZONTAL SCALE I- - 1,000' (APPRO)WATE) 201 o�—; THE LAND GROUP INCORPORATED 462 East Shore Drive, Suite 100 Eagle, Idaho 83616 Phone 208.939.4041 , Fax 208.939.4445 Sh�t 'Fift Ten Mile Crossing Comp Plan Map Submittal Propel No.: We of l8wonct o671z, DftNned by lh*6*d by Shmt No.: Nm --i M th—td.. h.w .., W . .PW ,rO—d 01.0 .,,— .&W �flli I If r,1 Land pouf. Inc. V M U—th.,,,M dmd,-, _b., —0— p—cued by �rqht MERIDIAN IDAHO I! 2012 �u ` W FRANKLIN RD ' a w SCALE: t"=20W J W �m TM CROSSING co .: 184 ri W OVERLAND RD 0 w z Z a a k' 0 Q h r � � W VICTORY RD II 3 z U F 5 a w a Y y Q y o €,t KELLER a BRIGHTON assocS U VICINITY MAP CORPORATION 19 tA Mend a", Idaho 8W2 A (209)2 8&, 992 w 9 P, u When recorded, please return to: Brighton Investments LLC c% Brighton Corporation ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 21.00 7 12601 W. Explorer Drive, Suite 200 BOISE IDAHO 06130105 04:46 PM Boise, Idaho 83713 DEPUTY BonnieCherbilliy ,II IIII'�'lll'I'I'f'I'II'�I'I�"II'If Attn, Amanda K. Schaus RECORDED -REQUEST OF 108075828 Title One GENERAL WARRANTY DEED [Parcels E, F, and G] FOR VALUE RECEIVED, STEVEN C. SMITH, a married man dealing with his sole property ("Grantor"), with an address of 2274 W. Clearvue Court, Eagle, Idaho, 83616, does hereby GRANT, CONVEY AND WARRANT unto BRIGHTON INVESTMENTS LLC, an Idaho limited liability company ("Grantee"), whose address is as stated above, an undivided fifty percent (50%) interest, as a tenant in common with Grantor, who retains an undivided fifty percent (50%) interest, in the following described real property, located in Ada County, Idaho, which is further described in the attached Exhibit A, which exhibit is attached hereto and made a part hereof by this reference (collectively the "Premises"). TO HAVE AND TO HOLD the Premises, including all appurtenances, and 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, and all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all estate, right, title, and interest in and to the Premises, as well in law as in equity, to Grantee and Grantee's successors and assigns forever. Grantor does hereby covenant to and with Grantee, that the Grantor is the owner in fee simple of the Premises; that the Premises is free from all encumbrances, except the current year's taxes, and the matters set forth on Exhibit B, which exhibit Is attached hereto and made a part hereof by this reference, its heirs and assigns shall be entitled to the quiet and peaceable possession of said premises, and that Grantor will warrant and defend the same forever from all other claims, unto the said Grantee and to the Grantee's heirs and assigns forever. [End of Text; Signature to Follow] GENERAL WARRANTY DEED (Parcels E, F, and G) CD DATED: 2008. GRANTOR: i SMITH STATE OF IDAHO SS. County of Ada ) On this day o , 2008, before me, the undersigned, a Notary Public in and for said State, personal appearV.STE EN C. SMITH, known or identified to me to be the person whose name is subscribe -to the hin in str ent and acknowledged to me that he executed the same. ,���w/� ����a�� i, N tary blic for I aho �01ARy My comm' ion expires: •e• PUS%. p ��'•• q 1'B Of 1�.••. GENERAL WARRANTY DEED 2 (Parcels E, F, and G) 4 " Parcel E: EXHIBIT "A' Legal Description (Parcels E, F, and G) A parcel of land located in the Southwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the quarter section corner common to Sections 14 and 15, Township 3 North, Range 1 West, Boise Meridian, marked by a found 5/8" iron pin; thence South 89°11'30" East 25.00 feet to a point on the Easterly right of way of Ten Mile Road, the Real Point of Beginning of this description; thence South 8911'30" East 2,631.58 feet along the North line of the Southwest quarter to the Northeast corner of the Southwest quarter (the center quarter corner) marked by a found 518" Iron pin; thence South 00935'56" West 1,345.27 feet along the East line of the Southwest quarter to a point on the Northerly right of way line of 1-84; thence North 89°33'01" West 529.50 feet along the Northerly right of way line of 1-84 to a point; thence North 0004645" West 19.86 feet to a point on the centerline of the Purdam Drain; thence Northwesterly along the centerline of the Purdam Drain, the following courses and distances: thence North 59°40'21" West 883.45 feet to a point, thence North 55013'21" West 837.82 feet to a point; thence North 40°44'57" West 183.51 feet to a point; thence North 39038'38" West 352.80 feet to a point; thence North 88033115" West 292.15 feet to a point on the Easterly right of way of Ten Mile Road of the Southwest quarter; thence leaving said centerline of the Purdam Drain North 00030'19" East 16.28 feet along said right of way to the Real Point of Beginning of this description. Parcel F: A parcel of land located In the Southwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the West quarter corner of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 00030'19" West a distance of 16.00 feet along the section line (the center line of Ten Mile Road) to a point; thence South 88°33'15" East a distance of 25.00 feet along the centerline of the Purdam Drain to a point, the Real Point of Beginning; thence South 00030'19" West a distance of 150.00 feet along the East side of Ten Mile Road to a point; thence South 88033'15" East a distance of 235.04 feet to a point; thence South 00°30'19" West a distance of 1201,09 feet to a point; thence Easterly along the North side of Interstate 1-84 the following three courses: South 89°33'01" East a distance of 209.15 feet to a point, thence North 87935'14" East a distance of 200.25 feet to a point, thence South 89033'01" East a distance of 1455.70 feet to a point; thence leaving said 1-84 right of way EXHIBIT A to GENERAL WARRANTY DEED 3 Y North 0004645" West a distance of 19.86 feet to a point; thence Northwesterly along the centerline of the Purdam Drain the following 5 courses: North 59°40'21" West a distance of 883.45 feet to a point; thence North 55°13'21" West a distance of 837.82 feet to a point; thence North 40°4457" West a distance of 183.51 feet to a point; thence North 39°38'38" West a distance of 352.80 feet to a point; thence North 88033'15" West a distance of 292.15 feet to a point, the Real Point of Beginning. Parcel G: A parcel of land located in the Southwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the West quarter corner of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 00030'19" West 166.00 feet along the section line (the centerline of Ten Mile Road) to a point, the Real Point of Beginning; thence continuing, South 00030'19" West 1205.61 feet along the section line to a point; thence South 89033101" East 260.01 feet along the North right of way line of interstate 1-84 to a point; thence North 00030'19" East 1201.09 feet to a point; thence North 88033'15" West 260.04 feet to a point, the Real Point of Beginning. Except that portion conveyed to the State of Idaho by Warranty Deed recorded May 23, 1963 as Instrument No. 556655. Also except any portion of parcel 231/2 as described in Condemnation Judgment for Interstate 1-80 (now 1-84) recorded November 27, 1963, as Instrument No. 570841. EXHIBIT A to GENERAL WARRANTY DEED 4 EXHIBIT "B" Exceptions for General Warranty Deed (Parcels E, F, and G) Rights or claims of parties in possession not shown by the public records. Encroachments, overlaps, boundary disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. Easements, or claims of easements, not shown by the public records. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, Imposed by law and not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings whether or not shown by the records of such agency, or.by the public records. Taxes, including any assessments collected therewith, for the year 2007 for which the first installment is paid and the second installment is due and payable on or before June 20, 2008. Parcel Number 51214314806 Code Area: 242 Original Amount: $709.80 (As to Parcel E) Taxes, including any assessments collected therewith, for the year 2007 for which the first installment is paid and the second installment is due and payable on or before June 20, 2008. Parcel Number. 81214325500 Code Area: 242 Original Amount: $243.88 (As to Parcel F) Taxes, Including any assessments collected therewith, for the year 2007 for which the first installment Is paid and the second installment Is due and payable on or before June 20, 2008. Parcel Number. S1214325410 Code Area: 242 Original Amount: $3,377.42 (As to Parcel G) Taxes, including any assessments collected therewith, for the year 2008 which are a lien not yet due and payable. (Affects Parcels A, 8, C. D. E. F, and G) Special assessments, if any, for unincorporated Ada County (208.287A8800). (Affects Parcels A. S. C. D, E. F, and G) EXHIBIT 8 to GENERAL WARRANTY DEED 5 Right-of-way for Purdam Drain as disclosed by Record of Survey No. 2519 recorded June 18, 1993 as Instrument No. 9347650, records of Ada County, Idaho. (Affects Parcel E) Right-of-way for Purdam Drain as disclosed by Record of Surrey No. 4558 recorded March 12,1999 as instnunent No. 99024235, records of Ada County, Idaho. (Affects Parcel F) An easement for the purpose shown below and rights incidental thereto as set forth In a Grant of Easement. Granted to, Kenneth D. Montee and Christina Montee, husband and wile, and Gary R. Imbs and Bonnie Jean Imbs Purpose: Easement for ingress and egress Recorded: April 30,1999 Instrument No.: 99043596 (Affects Parcel F) Terms, provisions, conditions, and, restrictions contained in license Agreement by and between Nampa & Meridian Irrigation Districfand Ralph D. Ross, an individual. Recorded: February 22, 2002 Instrument No: 102021445 (Affects Parcel E) Terms, provisions, conditions, and, restrictions contained in License Agreement by and between Nampa & Meridian Irrigation District and Eastbourne Investments LTD. Recorded: May 23, 2003. Instrument No: 103085190 (Affects Parcel F) An easement for the purpose shown below and rights incidental thereto as set forth in a Sanitary Sewer Easement. Granted to: City of Meridian, a municipal corporation of the State of Idaho Purpose: Sanitary sewer right-of-way Recorded: July 31, 2006 Instrument No.: 106122362 (Affects Parcels E and F) Terms, provisions, conditions, and, restrictions contained in Memorandum of Option to Purchase Real Property by and between Steven C. Smith and Brighton Investments LLC, an Idaho limited liability company. Recorded: June 9, 2004 Instrument No: 104072009 (Affects Parcels A, B, C. D, E, F, and G) A Farm Lease dated March 31, 2008, by and between Steven C. Smith, as Landlord, and Jim Patterson, as Tenant, which Farm Lease shall terminate on December 31, 2008. EXHIBIT B to GENERAL WARRANTY DEED 7 The land described herein is located within the boundaries of Nampa -Meridian irrigation District (208466.7861) and is subject to any assessments levied thereby. (Affects Parcels A, B, C, D. E, F, and G) Reservations and exceptions in a United States Patent, and In the act authorizing the issuance thereof. Recorded: April 19,1893 Book 3 of Patents, at Page 61, records of Ada County, Idaho. (Affects Parcels E, F, and G) Terms, provisions, conditions, and, restrictions contained in Agreement by and between Earle F. Cranston, John E. Voorhees, Floyd Tolleth, Mrs. Maude M, Gilbert and E. M. Varin. Recorded: August 2,1920 Instrument No.: 88910 Book 9 of Contracts, at Pages 622 and 623 (Affects Parcels A, B. C. D. E, F, and G) Terns, provisions, conditions, and, restrictions contained In Agreement by and between Nampa & Meridian irrigation District and Fred Egger;. Recorded: April 6, 1939 Instrument No.: 189262 Book 16 of Contracts, at Pages 71 and 72 (Affects Parcels F and G) Terms, provisions, conditions, and, restrictions contained in Agreement by and between Elton C. Clapp and Emily Gapp, husband and wife; Nellie J. Neitzel; Serafin Lopez De Vinespre; Maude M. Goulding and Lowell Manchaster. Recorded: July 15,1940 Instrument No: 198669 Book 16 of Contracts, at Page 605 and 606 (Affects Parcels A. B, C. D, E, F and G) Conditions, restrictions, and access rights contained in a Warranty Deed in favor of the State of Idaho, conveying adjoining property, Recorded: May 23,1963 Instrument No.: 556655 Book 501 of Deeds, at Pages 114,115 and 116 (Affects Parcel G) Negative easements, conditions, restrictions, and access rights contained in a Judgement on Declaration of Taking to the United States of America. Recorded: November 27,1963 Instrument No.: 570841 Book 48 of Deeds, at Pages 644 thru 669 (Affects Parcels E, F and G) EXHIBIT B to GENERAL WARRANTY DEED 6 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 22.00 •5 BOISE IDAHO 09/23/2011 09:57 AM After recording return to: DEPUTY Randy Jennings Right of Way SimpUffle Electronic Recording I IIIIII VIII VIII VIII IIIIIII VIII III IIIIII IIIIII III I'I'I ILII ILII Idaho Transportation Dept. RECORDED -REQUEST OF l Po Box 7129 PIONEER TITLE COMPANY OF ADA C 111076657 Boise ID 83707-1129 Project No. A009(815) Key No. 9815 ELECTRONICALLY RECORDED • QO NOT Parcel No. 45 REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS Parcel ID No.'0043798 PART OFTHEORIGINALDOCUMENT. 3z-9603 Orn && WARRANTY DEED THIS INDENTURE, made this, gR_ day of 5�- 2011, by and between TREASURE VALLEY INVESTMENTS, LLC an Idaho limited liability company ("Grantor") and the STATE OF IDAHO, IDAHO TRANSPORTATION DEPARTMENT, by and through the IDAHO TRANSPORTATION BOARD ("Grantee"), whose address is 3311 West State Street, Boise, Idaho 83703. WITNESSETH: That Grantor, for value received, does, by these presents, grant, bargain, sell and convey unto Grantee the following described real property situated in the County of ADA, State of Idaho, to -wit: SEE LEGAL. DESCRIPTION ON EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Together with all appurtenances, easemeints and rights of way. Containing approximately 2.807,acres. Parcel limits extending from Ten Mile Road Centerline Station 43+34.29 to 56+68.86, and East Access Road Centerline Station 961+01.75 to 970+99.38. Together with all rights of access between the right-of-way of Ten Mile Road Survey, as shown on the plans of 1-84, Ten Mile Road Interchange, Project No. A009(815) and the remaining contiguous real property belonging to Grantor. TO HAVE AND TO HOLD the said premises, with its appurtenances unto said Grantee, and Grantee's assigns forever. And said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT— I.C. 67-2301 Page 1 of 2 Project No. A009(815) Key No. 9815 Parcel No. 45 Parcel ID No. 0043798 those made, suffered or done by Grantee; and subject to reservations, restrictions, dedications, easements, right of way and agreements (if any) of record, and general taxes and assessments (includes Irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, Grantor has executed this Deed the day and year first above written. GRANTOR: TREASURE VALLEY INVESTMENTS, Ilc, An Idaho limited liability company Its: Mana Printed Name: / Mirazirn Shakoori STATE OF IDAHO ) ss. County of ADA } On this _7,Z.. day of , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Mirazim Shakoori, known or identified to me to be the Manager of Treasure Va y -Inv estments, LLC, the company that executed the foregoing instrument and acs ti'? Jpdg1 a that s company executed the same. o� Seo°°O4°°O VoOs PUBI.NC. N$tary Pu lic f r Ida o. siding at '4' OF 19 �.o°'�My commission expirftsidin�af Coal—All, ID ' My Commission Expires: 05-05-2017 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT— I.C. 67-2301 Page 2 of 2 ® T -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 837142008 208-323-2288 • FAX 208-323-2399 Idaho Transportation Department February 17, 2011 I-84 Ten Mile Interchange Project No. A009(815) A ssessor's Parcel No. S1214233652 �{ �IT Parcel ID No. 0043798 Key No. 09815 2.807 Acres Total Page 1 of 3 PARCEL NO. 45 FEE ACQUISITION A parcel of land situated in the SWIA of the NWI/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Parcel I BEGR KING at the West 1/4 corner of said Section 14 at Ten Mile Road Station 43+34.74, 79.54 feet Right, from which the Northwest corner of said Section 14 bears, N.00°33'38"E., 2658.23 feet; thence, along the west line of the SWIA of the NW 1/4 of said Section 14, 1) N.00°33'38"E.,1329.11 feet; thence, along the north line of the SWI/4.of the NW1/4 of said Section 14, 2) S.89°10'55"E., 39.29 feet; thence, leaving said north line, 3) S.03°39'42"W., 21.86 feet; thence, 4) N.86-20'1 811W., 13.12 feet; thence, along a line parallel with and 25.00 feet easterly from the west line of the SWIA of the NW l /4 of said Section 14, when measured at right angles there from, 5) S.00033'38"W., 1071.77 feet; thence, 6) S.89°26'22"E., 46.04 feet, thence, 7) S.00°31'39"W., 236.35 feet to the south line of the SWIA of the NWl/4 of said . Section 14; thence, along said south line, 8) N.89°12'07"W., 71.18 feet to the POINT OF BEGINNING. ABOVE-DESCRIBED PARCEL CONTAINING: 1.020 Acres, more or less, of which 0.763 Acres is prescriptive right-of-way. Parcel limits extend from Ten Mile Road Station 43+34.29 to 56+68.86 TOGETHRR WITH THE FOLLOWING: BOISE + COEUR d'ALENE Idaho Transportation Department I-84 Ten Mile Interchange Project No. A009(815) Key No. 09815 Page 2 of 3 arcel 11 February 17, 2011 Assessor's Parcel No. S1214233652 Parcel ID No. 0043798 2.807 Acres Total A strip of land situated in the SW1/4 of the NW1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the West 1/4 corner of said Section 14, from which the Northwest corner of said Section 14 bears, N.00°33'38"E., 2658.23 feet, thence, along the westerly line of the SW1/4 of the NWl/4 of said Section 14, A) N.00°33'38"E., 338.52 feet; thence, leaving said line, B) S.89026'22"E., 25.00 feet to the POINT OF BEGINNING at East Access Road Station 961+03.92, 44.00 feet Right; thence, along the easterly right-of-way line of Ten Mile Road, 1) N.00°33'38"E., 88.03 feet, thence, 2) S.88°01'43"E., 38.25 feet; thence, 3) S.86°07' 10"E., 45.02 feet to the beginning of a non -tangent curve; thence, 4) Southeasterly along said curve to the right, having a radius of 1042.50 feet, an are length of 474.34 feet, through a central angle of 26004'l 1 ", and a chord bearing and distance of S.74059'27"E., 470.26 feet to the beginning of a non -tangent curve; thence, 5) Southeasterly along said curve to the right, having a:radius of 1038.31 feet, an are length of 124.89 feet, through a central angle of 6°53'29", and a chord bearing and distance of S.55°46'04"E.,124.81 feet to the beginning of a non -tangent curve; thence, 6) Southeasterly along said curve to the right, having a radius of 1036.50 feet, an are length of 283.15 feet, through a central angle of 15°39'07", and a chord bearing and distance of S.47 -15'17-E., 282.27 feet; thence, tangent from said curve, 7) S.39°25'43"E., 66.20 feet to the southerly line of said SW 1/4 of the NW 1/4; thence, along said line, 8) N.89°12'07"W., 95.61 feet; thence, leaving said line, 9) N.39°25'43"W., 4.46 feet to the beginning of•a tangent curve; thence, BOISE * COEUR d'ALENE Idaho 'Transportation Department February 17, 2011 1-84 Ten Mile Interchange Assessor's Parcel No. S1214233652 Project No. A009(815) Parcel ID No. 0043798 Key No. 0981.5 2.807 Acres Total Page 3 of 3 10) Northwesterly along said curve to the left, having a radius of 963.50 feet, an are length of 263.21 feet, through a central angle of 1539'07", and a chord bearing and distance of N.47015'1 TW, 262.3 9 feet to the beginning of a non -tangent curve; thence, 11) Northwesterly along said curve to the left, having a radius of 959.21 feet, an arc length of 115.42 feet, through a central angle of 6°53'39", and a chord bearing and distance of N.61029'41 "W., 115.35 feet to the beginning of a non -tangent curve; thence, 12) Northwesterly along said curve to the left, having a radius of 957.50 feet, an are length of 435.66 feet, through a central angle of 26°04' 10", and a chord bearing and distance of N.74059'27"W., 431.91 feet; thence, non -tangent from said curve, 13) N.89056'1 6"W., 45.02 feet; thence, 14) N.88-0 1'43"W., 36.08 feet to the POINT OF BEGINNNING. ABOVE-DESCRIBED PARCEL CONTAINS: 1.787 acres, more or less. Parcel limits extend from East Access Road Station 961+01.75 to 970+99.38. SUBJECT TO: Record Documents. HA06065-BOMPFILES\Legal Descripti0ns\Takos12009 TakesiChanges July 2010fth-Parcel 45 RW Take.doe OF BOISE • COEUR d'ALENE x'00 �OD �m 0 ME a �S o= o e II8 usa" l 8ro C3 y d L �oos- W D U) Z W N Z LL. O U) W W W 2 H 2 V l lV x e ?lel r m�a> �NWon net 3„ _I 17� 34 lyi O I — i ; Om M w "�N to Lon 9r1 #� _ _ 3N11 NOILMS .. _ N tag _ 3Nn Nomws q�_ 71� .M'99933.9r.r£A p _ _ _ _ 8S9Z 3,C0,0£AN 3 Nxi 'l. I o0+e� – —� _ oo+w -till_ *93 0017,,' oo P�-atoohs► yOV Pmv SM -1 OUIWlue� ugUNl►�] t '' ' op+n– A ^ IC7AZ 7,24,SZAN ' � —oo zf N ✓1 H O b 'Sl �f �f Rr H � avail mm 143Z + �I O •- l � O . I — — zr9or — — .99 s9 ►£zap $ �) _ g n1,u,9t.ts Mu,sa.ts ,Op O I i ; 13 8 +;5 W 'A #� o N tag p I =VTT 'l. I 0, 01 yOV .. I� O N N ✓1 H O b �f �f o N 0, 01 yOV .. I� O N N ✓1 H O b �f �f pNp H � pHp O •- � � O N N N 3 Fes- z _ _ ,Op $ m v J J J 3 z _ _ $ FA ----------------- W ~ ✓� WOil 00 O a $ ti W g � "! � O all FA ----------------- K H ✓� N 00 O N M� $ � "! � � '� .x'- N N N r� •1 �Y�yy d0 q�q 10 � a�a MI qq q� 10 � � ry (rVi 1O ,Wx N W w rrn� ryy }� i� r2^ 2i r ^ 2h r♦ w r $ b 0 in � N O N Y Y N h 1 bY � � � n �o •N• rN� f m N yb� y� m N n Z n Z N n N ppb VI b N ao Z b Z n Z m� N m�� 2 Z Z Z Y 0 N N Z Z J j j j J J J J J J J J J W � M'1 M •1 O f M h N N � N � O � b b b b a m a H h ttfn a3 b b fn b n b N zz � N eepp N 1�1�. G u AmiJ 'cr3 i3 g u v ii v ci u FA ----------------- •I m dt8 $ �i '� • g ,Wx N W w rrn� ryy }� i� r2^ 2i r ^ 2h r♦ w r $ b ~ W � N O N Y Y N h 1 bY � � � n �o •N• rN� f b N yb� y� m N n Z n Z N n N ppb VI b N ao Z b Z n Z m� N m�� 2 i J J J J J j j j J J J J J J J J J AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, 6tEyt!iV e . , C14154e Ger: �A (name) , L�dress)663 /6 (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: Mc��� b . GU�.�' i�r w• �xd�e�e �. � �z� (name) (ddress)Z-h1i7l!j to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of 120/7 --- IMF, 20/y— SUBSCRIBED AND SWORN to before me the day and RFSFO;CA A. HANKS NOTARY PUBLIC STATE OF IDAHO RAW--- . 111t4 My Commission Expires: // • ,s AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) i, �A-v`�t D �iU• YL!"Ybuk4 - 6;V w- (name) (address) T— (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) (address)cl� to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 1141A-dayof _'20 17— (Signature) Z (Signature) SUBSCRIBED AND SWORN to before me the day and year first bove written. (N ary Public for Idaho) REBECCA A, HANKS 10" ffNOTARY �l"L LAG Residing at:_� 44 trzIr IDIDAHO My Commission Expires: ZW• Z •ail%/ % ANNEXATION BOUNDARY LEGAL DESCRIPTION FOR TM CROSSING TOWNSHIP 3 NORTH, RANGE 1 WEST, SECTION 14, B.M. ADA COUNTY, IDAHO Being a portion of the NW 1/4 of the SW 1/4, Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Northwest corner of Section 14. Thence along the westerly line of Section 14 S 00°33'40" W, a distance of 2658.15 feet, to a point, that is the Northwest corner of the Southwest Quarter of said section 14, also being the POINT OF BEGINNING. Thence leaving said westerly section line S 89°11'32" E, a distance of 2656.42 feet, to a point; also being a point on the north property line of parcel 51214314807; Thence leaving said north property Line S 00'34'54" W, a distance of 1455.23 feet, to a point; also being on the centerline of Interstate 84; Thence along said centerline N 89°33'07" W, a distance of 2654.39 feet, to a point; also being on the westerly line of Section 14; Thence along said westerly section line N 00°30'13" E, a distance of 1471.92 feet, to a point, also being the POINT OF BEGINNING Containing 89.22 acres, more or less. Basis of Bearing West section line of the NW N of Section 14 commencing at the Northwest corner of the Southwest 1/4 of Section 14; thence N 00°33'40" E, a distance of 2658.15 feet, to the northwest corner of section 14. REVI RQ BY AL JUL 2 7 2012 "IIE "iIDIAN PUBLIC nJ",PWS DEPT I 01 LOCATED IN NW 1/4 OF SW 1/4 OF SECTION 14, T3N., RAW B.M. ADA COUNTY, IDAHO . t15l 4 C Z 0 O U) SCALE: POINT OF 1"=4W BEGINNING 2656.42' S89' 11, 32"E CURRENT ZONE: RUT PROPOSED ZONE: C—GAN Z 3,886,361 SF 89.22 AC ITO RIGHT OF 0 Row—.-- ROW---- WAY w Ra W — —z ROW--___ ROW ROW— ERLINE N89* 33' 07`W TAT IC z 2654.39' W INTERSTATE 84 AL REVIE BY JUL 2 3 202 MERIDIAN PUBLIC \NARKS DEF T. co 15 14 0 22 23 ANNEXATION BOUNDARY imen' REVIEW APPROVAL By------------ BRIGHTON CORPORAT101\: KELLER associates 131 SW Sift AVWA^ SWA A M."m Mh. M (208) 28&1982 7/18/2012 Mapcheck 1: TEN MILE CROSSING ANNEXATION BNDY Closure Summary Precision,1 part in: 429502.090' Error distance: 0.019' Error direction: N36° 40'00.77"E Area: 3886331.07 Sq. Ft. Square area: 3886331.067 Perimeter: 8237.960' Point of Beginning East i ng: 2443927.1250' Northing: 704500.5450' Side 1: Line Direction: S89' 11'32.00"E Angle: [-89.1922 (d)] Deflection angle: [90.8078 (d)] Distance: 2656.420' East i ng: 2446583.2810' Northing: 704463.0950' Side 2: Line Direction: SO* 34'54.00"W Angle: [-90.2261(d)] Deflection angle: [89.7739 (d)] Distance: 1455.230' Easting: 2446568.5078' Northing: 703007.9400' Side 3: Line Direction: N89° 33'07.00"W Angle: [-90.1336 (d)] Deflection angle: [89.8664 (d)] Distance: 2654.390' Easti ng: 2443914.1989' Northing: 703028.6972' Side 4: Line Direction: NO" 30' 13.00"E Angle: [-89.9444 (d)] Deflection angle: [90.0556 (d)] Distance: 1471.920' Easti ng: 2443927.1365' Northing: 704500.5604' 9 P-4 E5 a 0 M �i ti � y l F6 <N� s z 6 �I 2 ►� w z °x a w H -Pi Q d jL tiL CD O PRE -APPLICATION MEETING NOTES 'Project/Subdivlslon Name: n AN( Date: 5t`1—ji at � Applicant(s)/Contact(s); pov(J So rabul I, G:rILa a„ Ue. aver City Staff: 5' ar. nun �� GIS- 3 K ri N -e Il er Location: NEC n ; -8`f Comprehensive Plan Future Land Use Map Designation: l� �+� le �P� r rntly Hat, Size of Property: 80 + a gyres Design Guidelines Development Context ur6 SvbU-6 Proposed Use: wr ,cr,,erol Proposed Zoning: G -C w Existing Use: reSj a rL.; T 46' n,14ym t Existing Zoning: RuT Surrounding Uses: renker, i; Itv G-► Street Buffer(s) andlor Land Use r(s): nr - i -amt Open Space/Amenities/Pathways: lo' i+; -v Sr Access/Stub Streets/Street System: a yiT Sewer& Water Service: Issues: Canals/Ditchesllrrigabon/Hazards: r a:r crus ra ` - History: NA - Additional Meeting Notes: v ne�di ar. e w is esu wed �n rs area. - a r 20 „ i Y2� -�-n % CaY�Gs1Y•uL'%E� G� 0.. prove G �K O•F �►'1 r1'e1(s � I )k tih t i S Y eQ • -f - a.- 'RA,+s rite. ire + 5�-�'^l ord I 'd poss;b Other Agencies/Departments to Contact: ❑ Ada County Highway District ❑ Nampa.Meddian Irrigation District ❑ Public Works Department ❑ idaho Transportation Department ❑ Seffiel's Irrigation District ❑ Building Department ❑ Parks Department ❑ Sanitary Services .Company ❑ Central District Health Department ❑ ❑ Police Department Fire Department ❑Other.. Application(s). Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Short Plat ❑ Alternative Compliance ❑ ❑ Development Agreement Modification Final Plat ❑ Time Extension - Council ZI Annexation ❑ City Council Review ❑ Final Plat Modification ❑ ❑ UDC Text Amendment Vacation ® Comprehensive Plan Amendment- Map* ❑ Planned Unit Development ❑ Variance ❑ Comprehensive Plan Amendment - Text ® Preliminary Plat []'other. ❑. Conditional Use Permit- ❑ Private Street Notes: 1) Applicants are required to hold a neighborhood meeting in accord wJM UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) AA applicants for permits requiring a public hearing shall post the site with a public hearing nofice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any r, ,A,my rcnf nhonna,, fn fhc 1 inr nnrilnr r'.mmn Pian may affect vour submittaf and/or application. This pre -application meeting shall be COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicant/agent signature Date 0 �o O U) m Q. C7 O D n LO CD a w1m 1 , 1 I, I 1 I I I I , I I ir I C 1 I J , Y -----------------i ' r7D o o_ I ii i I 1 I I j v� C/) Ten Mile Crossing • $��i�.R Proposed Concept Site Plan Annexation and Rezone � o Brighton Corporation Q .91 9 Meridian mfg R /,IIII;! Cn_ SKr Ten Mile Crossing 1 Proposed Concept Site Plan Annexation and Rezone o s ° $�° p p Brighton Corporation Q s s $ a Meridian Idaho .+..•.+.w� —' Mike Wardle From: Jerry Hastings <jhastings@adaweb.net> Sent: Friday, June 29, 2012 9:34 AM To: Mike Wardle; 'Gene P Smith'; 'Jim Washburn' Subject: TM Crossing Subdivision Name Reservation June 29, 2012 Mike Wardle Brighton Corporation RE: Subdivision Name Reservation: "TM Crossing Subdivision" Dear Mike, At your request, I will reserve the name "TM Crossing Subdivision" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, Jerry Hastings, P.L.S. 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Consultinq, Soil Evaluations & Data Colleection 11 /ayalker Brighton Corporation 12601 W. Explorer Drive Boise, ID 83713 March 13, 2011 RE: Soil Investigation on Tenmile properties 9 MARK F- JOHNSON Phone: 208.869.9099 Fax: 208.887.1212 HARLEYR NOE Phone: 208.850.4926 Fax: 208.629.4820 On March 11t1i I observed and described soil profiles in five test pits on property located in the west half of Section 14, Township 3 North, Range 1 West just east of South Tenmile Road. Maps are attached showing the GPS location of each new test pit along with existing monitor locations on each parcel. Detailed soil profile descriptions are provided which includes estimated permeability rates for each horizon. PVC pipes were placed in each test pit prior to backfilling to allow for groundwater monitoring. TENMILE 40 ACRES SITE Four test holes were excavated to depths from 12 to 15 feet below ground level in this parcel. Excavations at 23-11, 24-11 and 25-11 all had hardpans present in the profiles. Because of reduced permeability in these layers, they will need to be removed and replaced with suitable filter material where storm drainage systems are to be placed. The upper part of all profiles has been disturbed to some extent. At 26-11 the entire soil profile has been removed down to the underlying sand, gravel and cobbles and replaced with coarse fill. At other locations about 12 to 24 inches of topsoil had been removed. All profiles but 23-11 were underlain by "pit run" material. At that location loam textures were present to a depth greater than 12 feet below ground level. No free water or evidence of wetness was observed in any of these four test pits. Groundwater monitoring will verify if groundwater is present on this parcel. 5740 N. APPLEBROOK WAY BOISE, IDAHO 83713 Tenmile soils - page 2 v A single test pit (20-11) was placed in the southwest corner of this parcel to replace a nearby monitor well that was destroyed in the construction of the freeway interchange. This location has a native soil profile with a discontinuous weak to moderate hardpan present in the 33 to 64 inch layer. The profile was underlain by medium sand at a depth of 80 inches extending to more than 102 inches below ground level. Tb,1Wt'X"MAR; Iowa s es. $50in In orf" The excavation was not advanced pasta depth 0 f 1 cher. All soil profiles observed will accept a properly designed stormwater disposal system. We will begin monitoring groundwater levels at both sites on about April 1st and collect biweekly readings throughout the irrigation season. If you have questions or need anything additional, please call me at 850-4926. /R HARLE R. NOE Professional Soil Scientist cc wf attachments via e-mail: Gene Smith, Engineering Northwest, Boise iA Natural Resource Storm Drain Test Hole Description & Solutions, Lid: Evaluation Date Of Evaluation: 3/11/2011 Evaluated by: Harley R. Noe, Professional Soil Scientist Requested By: Brighton Corporation (Jay Walker) Address: 12601 W. Explorer Drive, Suite 200 Phone: 378-4000 City: Boise State: 1D Zip: 83713 Legal Desc: in South 1/2 of SE 1/4 Section 14. T. 3 N. R. i W., Boise Meridian. Ada County, ID General Desc: Just north of Interstate 84 and east of Tenmile Road Hale Number & Location: 20-11 0 to 15 Color Texture Clay % Roots Motiles JEALF*a��j Comments (iDeps) 15 to 33 10YR 4/6 My day loam 32 to 35 few very fine & *a none Hale Number & Location: 20-11 0 to 15 10YR 313 sit loam 25 to 27 common very fine & fm , few medium none 0.5 to 1 very friable moist 15 to 33 10YR 4/6 My day loam 32 to 35 few very fine & *a none 0.06 to 02 firm.. 33 to 64 10YR 712 & 413 lanes of loam and sit loam 14 to16 few very fine & fine rxxre 0,5 to 1 the bottom 2 inches is moderately eemented & can not be twdu ed 64 to 80 10YR 4/3 loam dnmklets 14 to 16 none none 0.5 to 1 wqtiw dwnks are dWkx* to terdure; hard and bridle 80 to 102+ variegated medium sand <3 none none readable 15 to 18 saturated; contains no gravel or cobbles General Notes: Slope <2 percent. Sand is saturated and free water is standing in pit at 85 inches. Located on edge of crop field. No mottles observed above sand layer. a BIOLOGY a GEOLOGY a ENGINEERING s SOIL SURVEYS a SOIL AND WATER QUALITY a RESOURCE PLANNING AND SITE INVESTIGATIONS 6238 Edgewater Drive, Boise, Idaho 83709 Cell: (208) 941-7284/Offlce (208) 672-9213 June 20, 2009 Jay Walker, PM Brighton Corporation 12601 W. Explorer Dr., Suite 200 Boise, ID 83713 RE: Mid -Season Groundwater Monitoring Report for Ten Mile Properties (80 Acre Parcel) Twelve test holes on Ten Mile Properties (80 Acre Parcel) were monitored for groundwater, bi- weekly, from 5/11/09 through 6/16/09. The results of these measurements and a GPS test hole location map are attached to this report. Eight of the test hole monitoring wells were existing and were installed by Stanley Consultants, Inc. Four new test hole monitoring wells were installed by Associated Earth Sciences, Inc. in 5/20/09. If you have questions, please call me at 208-941-7284. Thank you, Glen H. Logan Professional Soil Scientist GHL/jg Attachments t7 z H PIR a $ N � W U � � o w a� opo � o H W a. a .o a w a H 4a z 7M 4a 44 44 '60 '60 ig 3�a° 10 --a" 15 asp h �n3n� w A �3n19 �� rl r.. 00d 0� �C co N M In �o n co Q f N F Hearing Date: August 16, 2012 File No.: CPAM-12-001 Project Name: TM Crossing Request: Request for an amendment to the Comprehensive Plan future land use map to change the land use designation on 75.5 acres of land from LC (Lifestyle Center), MHDR (Medium High Density Residential), and HDE (High Density Employment) to MUC (Mixed Use Commercial), by Brighton Investments LLC, Steven Smith, and CRS 10. Location: The site is located on the northeast corner of I-84 and S. Ten Mile Road, in the SW 1/4 of Section 14, Township 3N., Range 1 W. File No.: AZ -12-005 Request: Request for annexation and zoning of 89.22 acres of land from the RUT zoning district to the C -G (General Retail & Service Commercial) zoning district. File No.: PP -12-003 Request: Request for preliminary plat approval of 50 commercial building lots and 4 common/other lots on 75.5 acres of land for TM Crossing Subdivision