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ApplicationE IDIN*---�A IAHO TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 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: 27 -Sep -12 Transmittal Date: August 29, 2012 File No.: AZ 12-009 & PP 12-008 Hearing Date: October 4, 2012 Request: Public Hearing - Annexation and zoning of 5.67 acres of land from RUT in Ada County to the R-8 (Medium -density residential) zone AND Preliminary Plat approval of 31 residential lots and 5 common lots on 4.95 acres in a proposed R-8 zone for Villas @ Lochsa Falls By: Arete Investment Group, LLC Location of Property or Project: west side of N. Linder Road between Chinden Boulevard and W. McMillan Road 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 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-Kuna 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 Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) 4 -Alternative Compliance 0 Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit STAFF USE ONLY: ❑ Conditional Use Permit Modifications 2j 6 ❑ Design Review File numbers}: ❑ Development Agreement Modification;} `A LTi ❑ Final Plat/1 _ r e_ ❑ Final Plat Modification Project name; i �i ❑ Planned Unit Development Date filed: f`3� Date complete: @ Preliminary Plat S' ' ❑ Private Street Assigned Planner: icd MR Related files:. ❑ Short plat ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment Hearing date:' b' %Z- Commissi ❑' ❑ Vacation (Council) ❑ Variance Council @ Other + 11-00M Applicant Information Applicant name. Arete Investement Group, LLC- Phone: 208.577.0225 Fax: Applicant address: 2151 W. Teano Dr. Meridian, Idaho Zip: 86346 E-mail: Jeremy@jeremytelford.com Applicant's interest in property: @ Own ❑ Rent @ Optioned ❑ Other Owner name: Arete Investment Group, LLC Owner address. 2151 W. Teano Dr. Meridian, Idaho Phone: 208.577.0225 Fax: Zip: 83646 E-mail: jeremy@jeremytelford.com Agent name (e.g., architect, engineer, developer, representative): Ross Erickson, P.E. Firm name: Erickson Civil, Inc. Phone.. 208.846.8955 Address: 6213 N. Cloverdale Road, Ste 125 Boise, Idaho Zip: 83713 E-mail: Fax: 208.846.8956 ross@ericksoncivii.com Primary contact is: 8 Applicant ❑ Owner ❑ Agent ❑ Other Contact name: Ross Erickson Phone: 208.846.8955 Fax: 208.846.8956 Contact address: 6213 N. Cloverdale Road, Ste 125 Boise, Idaho Zip: 83713 E-mail: ross@ericksoncivil.com Subject Property Information Location/street address: 5555 & 5375 N. Linder Road, Meridian, Idaho 83646 Assessor's parcel number(s): SO426417201 & SO426417225 Township, range, section: T.4N R.1 W Sec. 26 Total acreage: 4.948 Current land use: Single Family Current zoning district: RUT 33 E. Broadway Avenue, .Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11129111) Project Description Project/subdivision name: Villas at Lochsa Falls General description of proposed project/request: 31 building lot single family detached residential subdivision in an R-8 zone. Proposed zoning district(s): R-8 Acres of each zone proposed: 4.948 Type of use proposed (check all that apply): 8 Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): N/A Who will own & maintain the pressurized irrigation system in this development? Settler's Irrigation District Which irrigation district does this property lie within? Settler's Irrigation District Primary irrigation source: Pressure Irrigation Secondary: Onsite Well Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): n/a Residential Project Summary (if applicable) Number of residential units: 31 ,, / Number of building lots: 31 Number of common and/or other lots:,3" Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: N/A 2 or more Bedrooms: N/A Minimum square footage of structure(s) (excl. garage): 1,200 sq. ft. _ Proposed building height: Per MCC Minimum property size (s.f): 4,260 Average property size (s.f): 5,321 Gross density (DU/acre-total land): 6.27 Units / Acre _. Net density (DU/acre-excluding roads & alleys): 7.47 Percentage of open space provided: 7.37% Acreage of open space: 0.365 acres Percentage of useable open space: 100% (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Landscaped common lots. Type of dwelling(s) proposed: R Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Aret 1nv0t'yte-9fs Group, LLC, Jeremy Telford, Member Applicant signature: Date: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 11129/11) August 24, 2012 Honorable Mayor and City Council City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 RE: Villas at Lochsa Falls Subdivision — Annexation & Rezone, Preliminary Plat, and Development Agreement Applications Dear Mayor and Council, As representative for Arete Investments Group, LLC, please accept the attached applications for the Villas at Lochsa Falls project for Annexation and Rezone, Preliminary Plat and a Development Agreement for two parcels totaling 4.95 acres, located at 5375 & 5555 N. Linder Road in Meridian, Idaho. The property is currently located in Ada County and has an RUT zoning designation. The proposed R-8 zoning is consistent with the current land use designation on the City's Comprehensive Plan of "Medium Density Residential". The project includes approval of 31 single family, detached building lots and 5 common lots with a total project density of 6.27 units per acre. The enclosed applications have been submitted in accordance with the requirements of the City of Meridian Zoning Ordinance. Annexation & Rezone / Development Agreement A zoning designation of R-8 is being requested for this subdivision. As mentioned above, the proposed zoning designation is consistent with the land use designated in the City of Meridian's Comprehensive Plan of "Medium Density Residential". The project is bordered to the north, west and south by Lochsa Falls Subdivision and to the east by Linder Road and Rocky Mountain High School. The gross project density is 6.27 units per acre and will provide a fitting transitional use between the adjacent land uses. Staff indicates that a development agreement may be required with approval of the proposed annexation and rezone request — which is acceptable to the developer. As part of the annexation it is understood that the two existing homes that will be retained with the development will need to be connected to City water and sewer services. We request that the developer is permitted to make the City connections within 18 months, or upon completion of the subdivision infrastructure. Subdivision Building Lots and Density The project includes 31 single family detached homes and 5 common lots with a gross density of 6.27 units per acre. The proposed building lots range in size from 4,260 to 9,209 SF, with an average size of 5,321 SF. The development will include public streets, shared driveways, public utility infrastructure and a pressure irrigation system. The two existing single family homes along N. Linder Road will be retained with the project. The project will be platted in phases with the initial phase being to plat off lots 16, 18 & 25 that includes the two existing homes 6213 N. Cloverdale Road, Suite 125 Boise, Idaho 83713 T.208.846.8955, F.208.846.8956 along N. Linder Road. The balance of the project is identified to be platted as phases two and three — phases two and three may be combined into a single phase of development based on market conditions. Roadways and Access All streets will be public and will be constructed to Ada County Highway District standards. Access will be taken through the Lochsa Falls Subdivision via a public street connection to W. Cedar Grove Street. As mentioned, two existing single family residential homes will be retained along Linder Road. Lots 16, 18 and 25 of Block 1 will take access via a shared driveway that will be connected to an existing approach to Linder Road that will be retained. There are currently four (4) functioning approaches to Linder Road along the site frontage of which three (3) will be closed. The approach closure and driveway consolidation will improve access conditions along the Linder Road frontage and will limit the number of locations at which turning movements occur to improve overall public safety. The project roadway design includes a 33/50 roadway section with 4 -foot detached sidewalks and tree -lined planters for W. Cedar Grove Street to maintain consistency with the current streetscape of Lochsa Falls. N. Cougar Flat Ave. will be a 29/42 roadway section and will include 5 -foot attached sidewalks on both sides of the street. The design of the proposed turnarounds located at the north and south extremities of N. Cougar Flat Rd. have been coordinated with, and are acceptable to both the ACHD and the City Fire Department. Landscaping & Common Areas All common landscaping will be located within common lots and will be owned and maintained by a Homeowners Association that will be established for the subdivision. The project includes a 25 -foot landscape buffer along the current undeveloped portion of the Linder Road frontage, and a 10 -landscape buffer along the currently developed portion of the Linder Road frontage adjacent to the two existing homes that will be retained. Alternate Compliance is being requested for the aforementioned 10 -foot landscape buffer section as per MCC 11-3B-7.C.1.C, which permits a reduction in landscape buffer width to a width no less that 10% of the depth of the adjacent property. The lot adjacent to the proposed 10 -foot buffer is 85 - feet deep so the minimum buffer width could be as small as 8.5 -feet. The Alternate Compliance request is proposed based on the proximity of the two existing homes to Linder Road. The proposed 10 -foot buffer does not conflict with the footprint of the existing homes and provides a small private green space for each home between the easterly face of the homes and the westerly line of the proposed 10 -foot landscape buffer. A common landscape lot is proposed near the subdivision entry to improve visual aesthetics and to generally open up the area near the intersection. The common lot is planned to be landscaped with grass so that it can be utilized as purposeful open space for residents. This proposed common lot is not a drainage lot. Shared Driveways The subdivision includes shared driveways for the majority of the lots as shown on the preliminary plat. Shared driveway requirements including easements, and designation of lots that will share driveways, are shown on the preliminary plat. The shared driveway proposal will minimize the lineal footage of concrete along the streetscape and will provide additional landscaping along the back of the sidewalks. Stormwater Drainage Project storm water from ACHD right of ways will be retained on site within sub -surface infiltration galleries as shown on the project preliminary plat. Drainage facilities will be designed in accordance with the ACHD requirements. Water & Sewer The subdivision will be served by the City of Meridian public water and sewer system. Existing utility stubs are provided to the site from W. Cedar Grove Street, and at a point along the Linder Road frontage approximately 120 feet south of the northerly project boundary. The two existing homes that will be retained will be disconnected from the existing well and septic systems and will be connected to City services as shown on the concept engineering plans that are provided with this application. 6213 N. Cloverdale Road, Suite 125 Boise, Idaho 83713 7.208.846.8955, F.208.846.8956 Pressure Irrigation The project will include a pressure irrigation system to serve all lots. The system will be an extension of the existing Lochsa Falls system to be owned and operated by the Settler's Irrigation District. The project irrigation proposal was presented to the irrigation district's board and the proposed method of serviceability was approved. The property has four existing wells. One of the wells will be retained and will be utilized for backup pressure irrigation. The property has 14.66 AFA of irrigation water rights associated with water right numbers 63-2656A and 63-2656C on file at the Idaho Department of Water Resources. The Villas at Lochsa Falls Subdivision will be a quality and compatible addition to this area of the City of Meridian. The zone change to R-8 is consistent with the intent of the City's Comprehensive Plan and will benefit the public interest by providing desirable, diverse housing needs to this area of the City, while allowing for the continued improvement and expansion of public services. We look forward to working with you and your staff and request approval of this project. Please feel free to contact me at (208) 867-3954 or Jeremy Telford (208) 577-0225 with any questions or concerns. Sincerely, Erickson -C' ,Inc. s Ros Err r. Proj ct flan 6213 N. Cloverdale Road, Suite 125 Boise, Idaho 83713 T.208.846.8955, F.208.846.8956 Legal Description Villas at Lochsa Falls - Annexation A parcel located in NE % of the SE % of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northeast corner of the SE % of said Section 26, from which a brass cap monument marking the southeast corner of said SE % bears S 0'24'42" W a distance of 2637.57 feet; Thence S 0024'42" W along the easterly boundary of said SE % a distance of 250.00 feet to the POINT OF BEGINNING; Thence continuing S 0024'42" W along said easterly boundary a distance of 700.50 feet to a point; Thence leaving said easterly boundary N 89035'18" W along the northerly boundary of Lochsa Falls Subdivision No. 3 as shown in Book 86 of Plats on Page 9747, records of Ada County, Idaho a distance of 352.71 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary N 0"24'42" E along the easterly boundary of said Lochsa Falls Subdivision No. 3 and the easterly boundary of Lochsa Falls Subdivision No. 1 as shown in Book 86 of Plats on Page 9726, records of Ada County, Idaho, a distance of 700.50 feet to a 5/8 inch diameter iron pin; Thence leaving said easterly boundary S 89035'18" E along the southerly boundary of said Lochsa Falls Subdivision No. 1 a distance of 352.71 feet to the POINT OF BEGINNING; This parcel contains 5.67 acres. Clinton W. Hansen, PLS Land Solutions, PC August 22, 2012 REFI p OVAL BY AUG 2 7 2012 MWORKS DEPT. Lg" rd-blutlons Sulv*ng and Comltl" \pNPL LA \S Tp 0 0-11118 A ?/ZZ Of . 0 \A Telford Subdivision Job No. 12-35 Data and Deed Call Listing of File: Telford Sub Annexation Legal Description.des Tract 1: 5.672 Acres: 247073 Sq Feet: Closure = n00.0000e 0.00 Feet: Precision >1/999999: Perimeter = 2106 Feet 001=s0.2442w 700.50 002=n89.3518w 352.71 003=n0.2442e 700.50 004=s89.3518e 352.71 AIAOn06[. FITZGERALD • GR00x5yon Allanq•.n0 Cwn•. a• M 0.(RI,421 Idp1U1•n,ln•Iln K1•A7 T •I•pn4l.• RM.111 9173837 J. cr :'; el-AL- RECORDER, l-AL- RECORDER,gysG 9a 9°0 '91 DEC 30 fin 9 00 WARRANTY DEED FOR VALUE RECEIVED, MARIE A. NELSON and the MARVIN LEO NELSON ESTATE TRUST, MARIE A. NELSON, TRUSTEE, the Grantors herein, do hereby grant, bargain, sell and convey unto, CATHERINE L. NELSON, a single person, the Grantee, whose address is: 5555 N. Linder Road 13E;•�0`'Ol'72 Meridian, Idaho 83642 the following described premises, to -wit: A part of the North half of the Southeast quarter, Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commenting at the quarter corner common to Sections 25 and 26, Township 4 North, Range 1 West, Boise Meridian, thence South 00°00'00" East 250.00 feet along the section line to the real point of beginning; thence continuing South 00°00'00" East 370.50 feet along the section line; thence leaving the section line South 90"00'00" West 352.71 feet; thence North 00'00100" East 370.50 feet; thence North 90000'00" East 352.71 feet to the real point of beginning. Together with a non-exclusive easement on the northern 10.00 feet of the following described property; Commencing at the quarter corner common to Sections 25 and 26, Township 4 North, Range 1 West, Boise Meridian; thence South 00"00'00" East 620.5 feet along the section line to the real point of beginning; thence continuing South 00000100" East 330 feet along the section line; thence leaving the section line South 90"00'00" West 352.71 feet; thence North 00100100" East 330 feet; thence North 90000'00" East 352.71 feet to the real point of beginning. Subject to Well Agreement recorded October 7, 19ii?, a; Instrument No. 88541357. AYDROSE. PrrzOERALO & CROOKSTOrI Coon W. P•O. BD. A2r M.11diM. 1d.M ""2 r�1,DIgIM U84461 1.366000173 TO HAVE AND TO HOLO the said premises, with their appurtenances unto the said Grantee, her heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee, that they are the owners in fee simple of said premises; that said premises are free from all encumbrances, and that they will warrant and defend the same from all lawful claims whatsoever. DATED This Z`/__ day of _�GS_C f 1991. t -AR -I E A —670 N - ilk-rE—��E�O�t •; t� 6FTE MARVIN LEO NELSON ESTATE TRUST STATE OF -d A'ttV9fl&J- I ) SS. County of r ) On this day of D 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared, 14ARIE A. NELSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed lm' official seal, the day and year in this certificate first ov abe written. Nota r �P u b i c o r Utatr�.$d—.Xo Residence: STATE 0F County of SOL, its ) ss. On this '.2jay of199_/, before me, the undersigned, a Notary Public in and for said State, personally appeared, MARIE A. NELSON, on behalf of the MARVIN LEO NELSON ESTATE TRUST, and known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same on behalf of said MARVIN LEO NELSON ESTATE TRUST. 13050f' 0174 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (3tALPublic foF �1 ) Nota- .�wlQ '•. '1' '� Residence: I I 1 AMBROSE. FTTZGERALO B CROOKSTON Alw..T. A 4 C-I.I... P.O. Bo. 427 MOrldl.n• 10aho 8.7342 TOI.phw 0888+-61 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 BOISE IDAHO 03/26/2012 03:38 PM DEPUTY Nikola Olson S ECORe Electronic Recording I IIIIII VIII VIII IIIIII IIIIII VIII IIII IIII IIIIIII III VIII IIII IIII RECORDED -REQUEST OF ALLIANCE TITLE - BOISE PRODUCT 112027142 SPECIAL WARRANTY DEED Order No.: 109246 FOR VALUE RECEIVED Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Trust 2006- AR25, Mortgage Pass -Through Certificates, Series 2006-AR25 under the Pooling and Servicing Agreement dated July 1, 2006 the grantor(s), do(es) hereby grant, bargain, sell and convey unto Arete Investments Group, LLC whose current address is 2151 W Teano Dr, Meridian, ID 83646 the grantee(s), the following described premises, in Ada County, Idaho, TO WIT: Exhibit "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to, and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that no encumbrances were initiated during the ownership of the undersigned nor is the undersigned aware of any such. And that (s)he will warrant and defend the same from aJgu Ll claims whatsoever. Dated: MAR UU Deutsche Bank National Trust Company, as Trust of the IndyMae INDX Mortgage Trust 2006-AR25, rtgage Pass -Through Certificates, Series 2006-AJR25 under the Pooling and Servicing Agreement dated Jul 1, 2006 r ..West Bank, FSB, Attorney in Fact J@mwdaC1i11Cr08 AVP/ItL'U State of TEXAS ri of TRAVIS )ss County } On this day of LIAR 02 20 12 20 , before me, a Notary Public in and for said state, personally appeared known to me to be the of the Corporation, and acknowledged to me that pursuant to a Resolution of the Board of Directors, he/she/they executed the foregoing in said Corporation name and acknowledged to me that said corporation executed same as attorney in fact for Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Trust 2006-AR25, Mortgage Pass -Through Certificates, Series 2006-AR25 under the Pooling and Servicing Agreement dated July 1, 2006. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official s ay and y r in this certificate first above written. STEPHEN YELVERTON �= Notary Public, State of Texas Not a State of TEXAS My Commission Expires esidingat: '%;';ea;it':•`'� AU9u51 24, 2013 Commission Expires: TRAVIS ELECTRONICALLY RECORDED - DO NOT REMOVE THE COUNTY STAMPED.FIRST PAGE AS IT IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT. EXHIBIT "A" 109246 A part of the Northeast Quarter of the Southeast Quarter of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the quarter corner common to Sections 25 and 26, Township 4 North, Range 1 West, Boise Meridian; thence South 00°00'00" East 620.5 feet along the section line to the REAL POINT OF BEGINNING: thence continuing South 00°00'00" East 330 feet along the section line; thence leaving the section line South 90°00'00" West 352.71 feet; thence North 00°00'00" East 330 feet; thence North 90°00'00" East 352.71 feet to the REAL POINT OF BEGINNING. EXCEPTING THEREFROM that portion conveyed to the Ada County Highway District by an Instrument recorded February 6, 2008 as Instrument No. 108013365. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA Catherine L. Nelson 5555 N. Linder Road (name) (address) Meridian Idaho (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: Arete Investments Group, LLC 2151 W. Teano Dr. Meridian, ID 83646 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of , 20_ 41"N' SUBSCRIBED AND SWORN to before me the day and year first above written. JAMES J MOORE Notary Public State of Idaho My Commission Expires: K� AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA Arete Investments Group, LLC I, (name) Meridian (city) being first duly sworn upon, oath, depose and say: 2151 W. Teano Dr. Meridian, ID 83646 (address) Idaho (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: Jeremy Telford 2151 W. Teano Dr. Meridian, ID 83646 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this '2JCPr� day of N`n (&SL , 20 (� SUBSCRIBED AND SWORN to before me the day and .�r. Ely, TA . �o R r • c • UBIx • Imo, .r9 •••O•.••� �� �C4'. OF '••1.1.113.100 Signature) (Nota%y Pu�Vfor Idaho) CU ission Expires: 02-02-10 251 CERTIFICATE OF ORGANIZATION r'Ltu EFIFEc LIMITED LIABILITY COMPANY -3,Y N21:o ' (Instructions on back of application) STATE 1. The name of the limited liability company is: STA. Arete investment Group, LLC 2. The complete street address, and mailing address if different, of the initial designated/ principal office: 2151 W. Teano Way, Meridian, Idaho 83646 I The name of the commercial registered agent; or the name and complete street address of the non-commercial registered agent: Jeremy R. Telford, 2151 W. Teano Way, Meridian, Id, Idaho 83646 (County of Ada) 4. The nam and address of at least one member or manager of the limited liability company: NIM Jeremy R. Telford Addim 2151 W. Teano Way, Meridian, Idaho 83848 6. Mailing address for future correspondence (annual report notices): c/o: 2151 W. Teano Way, Meridian, Idaho 53646 6. Future effective date of filing (optional): Signature of an organizer(s). (An organizer is a member, or is acting in behalf of a required, and wdssting, initial member or members). Signature Typed Name: Karmelia Fredrick, Legalzoom.00m, Inc. I Signature Typed Name: sec rMery of Stets um only Uj U" earrE w IF son 01/23/2009 03s00 Us ASM Cis t6769 Ms.1NIM I 111111141111 = 18LN 011111111111 LLC II a 254 4sN:-0 AMENDMENT TO Fav CERTIFICATE OF ORGANIZATION LIMITED LIABILITY COMPANY (Instructions on back of application) 1. The name of the limited liability company is: Arete Investment Group, LLC 2. The name of the limited liability company is amended to read: 3. 13 Arete Investments Group, LLC The date the certificate of organization was originally filed : 01/23/09 The complete street and mailing addresses of the designated principal office is amended to: No Change --> (2151 W. Teano Drive I Meridian, ID 83646) 5. The mailing address for future correspondence (annual reports) is amended to: No Change --> (2151 W. Teano Drive I Meridian, ID 83646 1 7 The name and address of the managers/members shall be amended as follows: Name Address Add Delete Other ❑ ❑. Signature of an authorized person. Signature Jeremy Telford, Manager f Typed Name Signature Typed Name Secretary of State use only INSTRUCTIONS Optional: If the document requires a correction, please list a telephone number where we can reach you. 208.577.0225 Notes: Complete and submit the application in duplicate. Line 1. Enter the name of the limited liability company exactly as it is filed with the Secretary of State's Office. If the LLC has been administratively dissolved and the name is no longer available for use, the name must be amended on line # 2. Line 2. If this amendment includes a change to the name of the limited liability company indicate the new name of the limited liability company. Note: The new name of the limited liability company must include the requirements of Idaho Code § 30-6-108, which requires the name to contain the words Limited Liability Company, Limited Company or the abbreviation L.L.C., L.C., LLC or Ltd. Co. Line 3. Enter the date the certificate of organization was filed in this office. Line 4. Use this line to amend the street and mailing addresses of the designated principal office. Line 5. Use this line to amend the mailing address for future correspondence. Line 6. If this amendment into add or delete a manager or member of the limited liability company you can do so in this area. If the change is just an address change for one of the individuals please make a notation in the "other" field. Line 7. The application must be signed by an authorized person. Please identify the name of the signer by typing his/her name below the signature. Enclose the appropriate fee: a. The filing fee is $30.00 b. If expedited service is requested, add $20.00 to the filing fee. c. if the fees are to be paid from the filing party's pre -paid customer account, conspicuously indicate the customer account number in the cover letter or transmittal document. Pursuant to Idaho Code § 67-910(6), the Secretary of State's Office may delete a business entity filing from our database if payment for the filing is not completed. Mail or deliver to: Office of the Secretary of State 450 N 4th Street PO Box 83720 Boise ID 83720-0080 If you have questions or need help, call the Secretary of State's office at (208) 334-2301. Arete Investment Group, LLC Operating Agreement A. THIS OPERATING AGREEMENT of Arete Investment Group, LLC (the "Company") is entered into as of the date set forth on the signature page hereto by each of the persons named in Exhibit A hereto (referred to individually as a Member and collectively as the Members). B. The Members have formed a limited liability company under the Idaho Limited Liability Company Act (Title 53, Chapter 6). The articles of organization of the Company filed with the Idaho Secretary of State are hereby adopted and approved by the Members. C. The Members enter into this agreement to provide for the governance of the Company and the conduct of its business, and to specify their relative rights and obligations. NOW THEREFORE, the Members agree as follows: ARTICLE l: DEFINITIONS Capitalized terms used in this agreement have the meanings specified in this Article or elsewhere in this agreement and when not so defined shall have the meanings set forth in the Idaho Limited Liability Company Act. "Capital Contribution" means the amount of cash, property or services contributed to the Company. "Company" means Arete Investment Group, LLC, an Idaho limited liability company. "Member" means a Person who acquires Membership Interests, as permitted under this agreement, and who becomes or remains a Member. "Membership Interests" means either Percentage Interest or Units, based on how ownership in the Company is expressed on Exhibit A. "Percentage Interest" means a percent ownership in the Company entitling the holder to an economic and voting interest in the Company. "Person" means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign. "Unit" means a unit of ownership in the Company entitling the Member holding such Unit to an economic interest and a voting'interest in the Company. ARTICLE 2: CAPITAL AND CAPITAL CONTRIBUTIONS 2.1 Initial Capital Contributions and Membership Interests. The Capital Contributions of the initial Members, as well as the Membership Interests of each Member, are listed in Exhibit A, which is made part of this agreement. Membership Interests in the Company may be expressed either in Units or directly in Percentage Interests. 2.2 Subsequent Contributions. No Member shall be obligated to make additional capital contributions unless unanimously agreed by all the Members. 2.3 Capital Accounts. Individual capital accounts may be maintained for each Member consisting of that Member's Capital Contribution, (1) increased by that Member's share of profits, (2) decreased by that Member's share of losses and company expenses, (3) decreased by that Member's distributions and (4) adjusted as required in accordance with applicable tax laws. 2.4 Interest. No interest shall be paid on Capital Contributions or on the balance of a Member's capital account. 2.5 Limited Liability. A Member shall not be bound by, or be personally liable for, the expenses, liabilities, or obligations of the company except as otherwise provided in this agreement or as required by law. ARTICLE 3: ALLOCATIONS AND DISTRIBUTIONS 3.1 Allocations. The profits and losses of the Company and all items of Company income, gain, loss, deduction, or credit shall be allocated, for Company book purposes and for tax purposes, pro rata in proportion to relative Membership Interests held by each Member. 3.2 Distributions. The Company shall have the right to make distributions of cash and property to the Members pro rata based on the relative Membership Interests. The timing and amount of distributions shall be determined by the Managers in accordance with Idaho law. ARTICLE 4: MANAGEMENT 4.1 Management. The business of the Company shall be managed by one or more, Managers. The Members initially nominate and elect the person(s) set forth in Exhibit B to serve as Manager(s) of the Company. Managers shall serve at the pleasure of the Members and may be elected or removed by Members holding a'majorityof the Membership Interests. Exhibit B shall be amended from time to time to reflect any changes in Managers. In the event of a dispute between Managers, final determination shall be made by a vote of the majority of the Managers. Any Manager may bind the Company in all matters in the ordinary course of business. -2- 4.2 Meetings of Managers. Regular meetings of the Managers are not required but may be held at such time and place as the Managers deem necessary or desirable for the reasonable management of the Company. Meetings may take place in person, by conference telephone or by any other means permitted under Idaho law. In addition, actions may be taken without a meeting if the Managers sign a written consent reflecting the action taken. 4.3 Banking. The Managers are authorized to set up one or more bank accounts and are authorized to execute any banking resolutions provided by the institution where the accounts are being set up. All funds of the Company shall be deposited in one or more accounts with one or more recognized financial institutions in the name of the Company. 4.4 Officers. The Managers are authorized to appoint one or more officers from time to time. The officers shall hold office until their successors are chosen and qualified. Subject to any employment agreement entered into between the officer and the Company, an officer shall serve at the pleasure of the Managers. The current officers of the Company are listed on Exhibit C. ARTICLE 5: ACCOUNTS AND ACCOUNTING 5.1 Accounts. Complete books of account of the Company's business, in which each Company transaction shall be fully and accurately entered, shall be kept at the Company's principal executive office and shall be open to inspection and copying on reasonable notice by any Member, Manager or their authorized representatives during normal business hours for purposes reasonably related to the interest of such person as a Member or Manager. The costs of such inspection and copying shall be borne by the Member or Manager. 5.2 Records. At all times during the term of existence of the Company, and beyond that term if the Managers deems it necessary, the Managers shall keep or cause to be kept the following: (a) A current list of the full name and last known business or residence address of each Member and Manager, together with the Capital Contributions the amount and terms of any agreed upon fixture Capital Contribution, and Membership Interest of each Member; . (b) A copy of the articles of organization and any amendments; (c) Copies of the Company's federal, state, and local income tax or information returns and reports, if any, for the three most recent taxable years; and (d) An original executed copy or counterparts of this agreement and any amendments. 5.3 Income Tax Returns. Within 45 days after the end of each taxable year, the Company shall use its best efforts to send to each of the Members all information necessary for the Members to complete their federal and state income tax or information returns and a copy of the Company's federal, state, and local income tax or information returns for such year. 5.4 Tax Matters Member. Jeremy R. Telford shall act as tax matters member of the Company to represent the Company (at the Company's expense) in connection with all examinations of the Company's affairs by tax authorities and to expend Company funds for professional services and costs associated therewith. ARTICLE 6: MEMBERSHIP --MEETINGS, VOTING 6.1 Members and Voting Rights. Members shall have the right and power to vote on all matters with respect to which this agreement or Idaho law requires or permits such Member action. Voting shall be based on Membership Interests. Unless otherwise stated in this Agreement or under Idaho law, the vote of the Members holding a majority of the Membership Interests shall be required to approve or carry an action. 6.2 Meetings. Regular or annual meetings of the Members are not required but may be held at such time and place as the Members deem necessary or desirable for the reasonable management of the Company. In any instance in which the approval of the Members is required under this agreement, such approval maybe obtained in any manner permitted by Idaho law, including by conference telephone or similar communications equipment. In addition, any action which could be taken at a meeting can be approved without a meeting and without notice if a consent in writing, stating the action to be taken, is signed by the holders of the minimum Membership Interest needed to approve the action. ARTICLE 7: WITHDRAWAL AND TRANSFERS OF MEMBERSHIP INTERESTS 7.1 Withdrawal. A Member may withdraw from the Company prior to the dissolution and winding up of the Company with the unanimous consent of the other Members, or if such Member transfers or assigns all of his or her Membership Interests pursuant to Section 7.2 below. A Member which withdraws pursuant to this Section 7.1 shall be entitled to a distribution in an amount equal to such Member's Capital Account. 7.2 Events of Dissociation. A person ceases to be a Member of the Company upon the occurrence of one or more of the following events: (a) The Member is removed as a Member when the Member assigns all of his interest in the Company, by an affirmative vote of a majority of the Members who have not assigned their -4 interests; (b) A Member (i) makes an assignment for the benefit of creditors; (ii) files a voluntary petition in bankruptcy; (iii) is adjudicated a bankrupt or insolvent; (iv) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law or regulation; (v) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature; or (vi) seeks, consents to, or acquiesces to the appointment of a trustee, receiver or liquidator of the Member or of all or any substantial part of the Member's properties; (c) If within 120 days after the commencement of any proceeding against the Member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation, the proceeding has not been dismissed, or if within 120 days after the appointment without his consent or acquiescence of a trustee, receiver or liquidator of the member or of all any substantial part of his properties, the appointment is not vacated or stayed or if within one hundred twenty (120) days after the expiration any stay, the appointment is not vacated; (d) In the case of a Member who is an individual; (i) The Member's death; or (ii) The entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his person or estate; (e) In the case of a Member who is a trust oris acting as a Member by virtue of being a trustee of a trust, the termination of the trust, but not merely the substitution of a new trustee; (f) In the case of a Member that -is a separate limited liability company, the dissolution and commencement of winding up of the separate limited liability company; (g) In the case of a Member that is a corporation, the filing of articles of dissolution or forfeiture of its corporate powers or right to do business; or (h) In the case of an estate; distribution by the fiduciary of the estate's entire interest in the limited liability company. Any event of dissociation may be waived, and the Member will continue to be a Member of the Company, with the unanimous written consent of all Members. 7.3 Voluntary Dissociation. Any Member may dissociate at any time by giving thirty (30) days' written notice to the other Members. If the Member withdraws pursuant to this Section 7.3 without the unanimous consent of the Members, or the withdrawal occurs as a result of otherwise wrongful conduct of the Member, the Company may recover from the withdrawing Member damages for breach of the operating agreement or as a result of the wrongful conduct, -5- including the reasonable costs of obtaining replacement of the services the withdrawn Member was obligated to perform and may offset the damages against the amount otherwise distributable to him, in addition to pursuing any remedies available under applicable law. 7.4 Restrictions on Transfer. A Member shall not transfer any Membership Interests, whether now owned or later acquired, unless all of the Members consent to such transfer. A person may acquire Membership Interests directly from the Company upon the written consent of all Members. A person which acquires Membership Interests in accordance with this section shall be admitted as a Member of the Company after the person has agreed to be bound by the terms of this Operating Agreement by executing a consent in the form of Exhibit D. ARTICLE 8: DISSOLUTION AND WINDING UP 8.1 Dissolution. The Company shall be dissolved upon the first to occur of the following events: (a) The vote of Members holding all of the outstanding Membership Interests to dissolve the Company. (b) Entry of a decree of judicial dissolution under 53-643 of the Idaho Limited Liability Company Act. (c) Administrative dissolution by the secretary of state pursuant to Section 53- 643B of the Idaho Limited Liability Company Act. (d) At any time there are no Members provided that the Company is not dissolved and is not required to be wound up if, within 90 days after the occurrence of the event that terminated the continued membership of the last remaining Member, the legal representative of the last remaining Member agrees in writing to continue the Company and to the admission of the legal representative of such Member or its assignee to the Company as a Member, effective as of the occurrence of the event that terminated the continued membership of the last remaining Member. 8.2 No automatic dissolution upon certain events. Neither the death, incapacity, disassociation, bankruptcy or withdrawal of a Member shall automatically cause a dissolution of the Company. ARTICLE 9: INDEMNIFICATION 9.1 Indemnification. The Company shall have the power to indemnify any Person who was or is a party, or who is threatened to be made a party, to any proceeding by reason of the fact that such Person was or is a Member, Manager, officer, employee, or other agent of the -6- Company, or was or is serving at the request of the Company as a director, manager, officer, employee, or other agent of another limited liability company, corporation, partnership, joint venture, trust, or other enterprise, against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred by such Person in connection with such proceeding, if such Person acted in good faith and in a manner that such Person reasonably believed to be in the best interests of the Company, and, in the case of a criminal proceeding, such Person had no reasonable cause to believe that the Person's conduct was unlawful. The termination of any proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Person did not act in good faith and in a manner that such Person reasonably believed to be in the best interests of the Company, or that the Person had reasonable cause to believe that the Person's conduct was unlawful. To the extent that an agent of the Company has been successful on the merits in defense of any proceeding, or in defense of any claim, issue, or matter in any such proceeding, the agent shall be indemnified against expenses actually and reasonably incurred in connection with the proceeding. In all other cases, indemnification shall be provided by the Company only if authorized in the specific case unanimously by all of the Members. "Proceeding," as used in this section, means any threatened, pending, or completed action or proceeding, whether civil, criminal, administrative, or investigative. 9.2 Expenses. Expenses of each Person indemnified under this agreement actually and reasonably incurred in connectionwith the defense or settlement of a proceeding maybe paid by the Company in advance of the final disposition of such proceeding, as authorized by the Members or Managers, as the case may be, who are not seeking indemnification upon receipt of an undertaking by such Person to repay such amount unless it shall ultimately be determined that such Person is entitled to be indemnified by the Company. "Expenses," as used in this section; includes, without limitation, attorney fees and expenses of establishing a right to indemnification, if any, under this section. ARTICLE 10: GENERAL PROVISIONS 10.1 Entire Agreement; Amendment. This agreement constitutes the whole and entire agreement of the parties with respect to the subject matter of this agreement, and it shall not be modified or amended in, any respect . except -by a written instrument executed by all of the Members. This agreement replaces and supersedes all prior written and oral agreements by and among the Members. -7 10.2 Governing Law; Severability. This agreement shall be construed and enforced in accordance with the internal laws of the State of Idaho. If any provision of this agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this agreement shall remain in effect. 10.3 Benefit. This agreement shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, and permitted successors and assigns. 10.4 Number and Gender. Whenever used in this agreement, the singular shall include the plural and the plural shall include the singular, and the neuter gender shall include the male and female as well as a trust, firm, company, or corporation, all as the context and meaning of this agreement may require. 10.5 No Third Party Beneficiary. This agreement is made solely for the benefit of the parties to this agreement and their respective permitted successors and assigns, and no other person or entity shall have or acquire any right by virtue of this agreement. -8- IN WITNESS WHEREOF, the parties have executed or caused to be executed this Operating Agreement as of the date below. Dated: 7,12-19 Jeremy ord' �--' Trisha S. Telford In EXHIBIT A MEMBERS The following persons are the initial Members of the Company, and their initial capital contributions and ownership is set forth below. Name Capital Contribution ($) Percentage Interest Jeremy R. Telford $51.00 51% Trisha S. Telford $49.00 49% -10- MANAGERS The following person(s) are elected as Manager(s) of the Company: Jeremy R. Telford -11- EXHIBIT B EXHIBIT C OFFICERS The following person(s) are elected as officers of the Company: Name of Officer Title Jeremy R. Telford President -12- EXHIBIT D NEW MEMBER'S CONSENT The undersigned agrees to be bound as a Member by the terms of the Operating Agreement of Arete Investment Group, LLC as if the undersigned was a signatory thereof. (Signature) (� V Name:�idl Date: -13- c W Eva, xt n m Z., ° '.A, Gtmd `Teton IDI W, -moo crook Of a wa'SaraiiSk '. m W'taa e. is Haar6 R�pi" vvB 'P iypY85iP team & 48 �;. V�t.£yy�: 3y ia@ �n�Dr PA49 S TE k YY G VV Tek a n CIO 4 Tisa R ac{s `'. iarrarsv - fFa4*y Moontain W L�iiLcla Cwt Cm .. "Vh " -W' E k 14a VN Arno Si q4 Wapoot Dr W KtnpPey'S/ s1a �at� ' Apq� �rarad� I Rd w mcfftrt lu .: . tv, , - - SE' t4l' ,. Vicinitv Mar CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Dom: City Staff: GI ar04n 14 K Ga Location: SSS -1 5-3 71'- Z ...d e.,. Waad Comprehensive Plan Future Land Use Map Designation: M 191t Size of Property: Design Guidelines Deplopmee��t Context: /.t / low, u u Mobs- D _ C ' rPP ci dR ��•al�,�k�, �= Proposed Use: owl, T O Proposed Zoning: r E fisting Use: ; 4 wa , Existing Zoning: Surrounding Uses: ; S ad / �« Street-Buffer(s) and/or Land Use Buffers} Open SpacelAmenities/Pathways. AccesslStub Streets/Street System: Sewer $ Water Service: Other AgencleslDepartments to. Contact: Ada County Highway District ❑ ,Nampa Meridian Irrigation District ❑ Public Works Department Idaho Transportation Department ❑ Settlers Irrigation District 0 Building Department ❑ Sanitary Services Company ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fre Department ❑ Other Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit ModificationfTransfer ❑ Short Plat ❑ Alternative Compliance ❑• Development Agreement M6 fwffon El Time Extension - Council ® Annexation f42?,,0o ❑ Final Plat ❑ UDC Text Amendment ❑ City Council Review ❑ Ffnal Plat Modification ❑ ❑. Vacation Comprehensive Plan Amendment— Map ❑ Planned Unit Developmen ❑Variance ❑ Comprehensive Plan Amendment — TextPrelim€nary Plat #2�4# t�21 "r 1,/ tet Other dr4 -fie 60 ElConditional Use Permit Private Street �j ,r�l,w tied i t Notes; 1) Applicants are required fo hold a neighborhood meeting in accord with UDC 11,54-5C p4orfo submittal of an application requiring a public hearing (except for a vacation orshort plaQ, and 2) At apprkants for permits requiring a pubic hearing shad post the site with a public hearing notice in accord with UDC 11-54-5D.3 (except for UDC text amendments, Comp Pian text amarrdmentsi and vacations). The infonnatbn provided during this mee$ng is based on current UDC requirements and the ComprehensM a Plan. Any subsequent changes to 'the UDC and/or Camp Plan may affect your submittal and/or application. ,This pre -application meeting shall he . valid for four (4) months. Neighborhood Meeting Sign in List Villas @ Lochsa Falls Thank you for signing in: Name Address in Meridian, Ib 83646) Phone us �2�s 5"�34a N • «�e�-� 5,55 2A/101 S360%1 /V. C�•21 r� OG -7 - 3 J�,r� f tscv s /-7.3c) w -Cv4�4 6, owe 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. ADDH 8 I Z -- Date Legal Description Telford Subdivision A parcel located in NE % of the SE la of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northeast corner of the SE % of said Section 26, from which a brass cap monument marking the southeast comer of said SE %bears S 0024'42" W a distance of 2637.57 feet; Thence S 0024'42" W along the easterly boundary of said SE Y4 distance of 250.00 feet to a point; Thence leaving said easterly boundary N 89*35'18" W a distance of 45.00 feet to a 5/8 inch diameter iron pin on the westerly right-of-way of N. Linder Road and the POINT OF BEGINNING; Thence S 0024'42" W along said westerly right-of-way a distance of 700.50 feet to a 5/8 inch diameter iron pin on the northerly boundary of Lochsa Falls Subdivision No. 3 as shown in Book 86 of Plats on Page 9747, records of Ada County, Idaho; Thence N 89'35'18" W along said northerly boundary a distance of 307.71 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary N 024'42" E along the easterly boundary of said Lochsa Falls Subdivision No. 3 and the easterly boundary of Lochsa Falls Subdivision No. 1 as shown in Book 86 of Plats on Page 9726, records of Ada County, Idaho, a distance of 700.50 feet to a 5/8 inch diameter iron pin; Thence leaving said easterly boundary S 89035'18" E along the southerly boundary of said Lochsa Falls Subdivision No. 1 a distance of 307.71 feet to the POINT OF BEGINNING; This parcel contains 4.95 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS N L Lq ND Land Solutions, PC \S May 25, 2012 rt 11118 0 CL X (P 0 <1 TF OF NZ, O/V W NPS Telford Subdivision Land Surveying and Consulting Job No. 12-35 Ross Erickson From: Jerry Hastings <jhastings@adaweb.net> Sent: Friday, August 24, 2012 9:02 AM To: Ross Erickson Cc: Jeremy Telford Subject: Villas at Lochsa Falls Subdidvision Name Reservation August 24, 2012 Ross Erickson Erickson Civil, Inc. RE: Subdivision Name Reservation: "Villas at Lochsa Falls Subdivision" Dear Ross, At your request, I will reserve the name "Villas at Lochsa Falls 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. This reservation is available for the next ten (10) years unless the project is terminated by the client or the jurisdiction or the conditions of approval have not been met. In which case the name can be re -used by someone else. Sincerely, Jerry Hastings, P.L.S. County Surveyor Ada County, Idaho 208-287-7912 208-287-7909 Fax jhastings(c)_adaweb. net From: Ross Erickson [mailto:ross(slericksoncivil com] Sent: Thursday, August 23, 2012 2:20 PM To: Jerry Hastings Cc: Jeremy Telford Subject: RE: Subdidvision Name Reservation Jerry — Please find the attached name release for "Villas at Lochsa Falls" provided by Evelyn Grime. Please finalize our subdivision name reservation as soon as possible and provide me an email indicating approval. Thanks, RE • � 3`F 1, v^ w . From: Jerry Hastings fmailto:jhastingsCaa)adaweb net Sent: Friday, August 03, 2012 2:51 PM To: Ross Erickson Subject: RE: Subdidvision Name Reservation Hi Ross, here is an example for the permission to use sub name and I found Evelyn Grime's phone number, it is 412- 2600. Her email is evelyn a,)-design4place.com. Once we get the recorded permission to use name or just the instrument number we can get the database changed to get the new sub name reservation to you. Thanks, have a great weekend, Jerry. Jerry Hastings, P.L.S. County Surveyor Ada County, Idaho 208-287-7912 208-287-7909 Fax lhastingsta'�adaweb. net From: Ross Erickson[maiIto: ross(a)ericksoncivil.coml Sent: Thursday, August 02, 2012 4:19 PM To: Jerry Hastings Cc: Jeremy Telford Subject: Subdidvision Name Reservation Hi Jerry — I'd Like to reserve the subdivision name "VILLAS AT LOCHSA FALLS" for a single family residential a subdivision that I'm working on off of Linder Road between McMillan and Chinden in Meridian. This name may have been reserved by another group several years back for this same piece of property — at that time the plan was to develop condos. The previous owners have since lost the property and my client now owns it. Please confirm that our request is acceptable at your earliest convenience. 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W . a g MERIDIAN, IDAHO V m Ir S1N3 W CS9ANX 313N,�! p OHV01'NV101N3W S11d3 VSH3011V SVIIIA Ni m J c § 9 a S usid edeoepue-1 3 ; R a 10 Y i ISI ► �� _ J 'k a- ,VS ��►iii �►i 5 �1 p to 4 Hm 3 <4;mq 1z Pww =� # �0 P.H. HHUM o' Mj ul$�°l'N � ,a=>$c. �� �„l � � � SW4e W: tl• `O� . '�ml $m i�€� �g9gwy<� is �B>1Q� 3 'a> n O MM aw`s I ^€baso« a 'eRe<e m€< d iii ail hili 18 o 3S Fotl93i aaaw€ X6d..13 El g p S jVo Nil M $w -- g a w pO L L w 'a 3 -- - i a w ai g w� 3w �> 7 mw a H gw 5 �1 p to 4 Hm 3 <4;mq 1z Pww =� # �0 P.H. HHUM o' Mj ul$�°l'N � ,a=>$c. �� �„l � � � SW4e W: tl• `O� . '�ml $m i�€� �g9gwy<� is �B>1Q� 3 'a> n O MM aw`s I ^€baso« a 'eRe<e m€< d iii ail hili 18 o 3S Fotl93i aaaw€ X6d..13 El g M S -- g a -- - i z W 4 M August 22, 2012 City of Meridian 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 RE: 5375 & 5555 N. LINDER ROAD — GEOTECHNICAL CONDITIONS AND GROUND WATER SUMMARY To Whom It May Concern, Please find this letter as a summary of the geotechnical and seasonal high ground water conditions at 5375 & 5555 N. Linder Road at the site of the proposed Villas at Lochsa Falls Subdivision. The intent of this summary is to provide a general description of the subsurface strata and the ground water conditions in the area. The following summary was prepared based on researched soils data that were generated as part of the Lochsa Falls Subdivision that is located directly adjacent to the proposed project. Lochsa Falls Subdivision has an existing storm drainage pond located directly adjacent to the west line of Lot 3, Block 1 of the proposed development. Additional site specific research and testing shall be performed to further define the estimates provided in this report for design purposes. 1. Subsurface Soils: The following soil profile renresents the antirinaterl nrnfile fnr the nrniert Depth Below Existing Grade Soil Description 0-9" Silt Loam 9-19" Silt Loam 19-33" Sandy Loam 33-55" Very Gravelly Loamy Medium and Coarse Sand 55-85" Extremely Gravelly and Cobbly Loamy Fine Sand 85-110" Extremely Gravelly and Cobbly Fine Sand 2. Depth to Seasonal High Groundwater: The seasonal high ground water depth on the project site is estimated to be greater than 110" (9 feet) below existing grade as determined within the geotechnical investigation/test pit excavation for the Lochsa Falls Subdivision. The subject test pit is at a location adjacent to the project site (See attached test pit logs). Please feel free to contact me at 208.867.3954 if you should have any questions or require any additional information. Sincerely, sie�4 G Erickson -Civil, Inc. Thy Ross Erickson, P.E. Project Managerc� L. 6213 N. Cloverdale Road, Suite 125 Boise, Idaho 83713 T.208.846.8955, F.208.846.8956 cien naroLa iocan tteuui fs,/?- - HeI4 p.3 ril E LI IP__II I— - .-Fl-ff AES Soil Evaluation Evaluation Date U -2L "00 Requested By Address Y Bre "t—_ State idatig ZiP Code A3_703 Phone Low Size Bedrooms Parcel Legal Description M Additional Hato. TH I - NTo free water(w-tcr table) to a deA of 126" at timer of excavation, T -q2 - No free water (water table) to a depth or 130" at time, of excavation. TN3 ' "� O 1'ee water (water table) to a -depth Of 110" at time of excavation, Pit Silt loam (20-25% csy_1 I OYR 3/4, may fin, common medium an coarse roots, estimat Permeability .5-1 "Ili Silt loam (25% clay) compact, strong play structure, IOYR 316, 1 common fine, medium and few come roots,, estimated Permeabil" :1- .4"/br. 71 Silt loam (25% clay), I IOYR 4/6, few fine SO medium roots, estimated PCMc4biIity.2-.fi"/hr, SWWY loam (15% clj� weakly cemented, I OYR 4/6, few fine roots, ! ,estimated Penm2bibly .5 - Fine sandy loam (l 0- 1;5% Clay),75YR S/4, no MOU, estimated permeability 240/hr. Extremely gravelly loamy fine Sand (<5% clay), varitsated color., no ro estimated permeability, S_ 1 sift loft (I s%clay), 0 "'ay), IOYR 4/4, nmy fine Yfi Ine 0-15 0 0""" Silt 'O'm �'j cky Silt loom (2W. clay), 0.9', roots, estimated IOYR 4/4 fine IOYR 414, many fine y I T. mots, estimated Pemeability.5-1"/hr, ility .5.1 "/hr. Silly clay loam (30��/ M allo/ clay), 7.5YR 4/4, 15-30* Silt joarn-(15.20% cOMWO, few fine 013Y), IOYR 3/4, 9-37" TOOM estirrived Strong Platy structure, Pcme2bility 2,611/hr. Columon fine roots, estimated 20-34" LOM 05% clay), permeability 2-.5"Mr. 7.5YR 4/4few finc roots, estimated 30-45. Silt low (200/. clay), Permeability .2o&. IOYR 4/4j*wfmr roots. egimated 34-67" Weakly cemented PL7me&i]itY .5-1"thr, hardpan, camp=, r roots, estimated o 45-66, Silt loam (15% clay), 1 Permeability <.06M/hr. IOYR 514, Jew fine roots, estimated 5043" 157-83' Very fine sandy Imr Pentl0abifitY 12"thr. 0 5% clay), VM fomPact IOYR $16, no 66-900 Extremely gravelly roots, i;�mated IOMY fine sod (<3% PcrnxabflityY.5"A-_,, clay), variegated Color, no mots, ' 63-90" 53.3'04" Extremely 8,,,elly CsOmated loamy fine sand (<50/. Permeability 5-,8"hr. clay), IOYR 516, no roots, estimatede 90-130- ly gravelly Permeability 5 -g -ft, fine sand (0% clay) 90-1101, variegated color, no 104- 120*1 Ewemcly gravelly fine roots, egimated sand (01m. clay). P=mbility 7-IO"/hr. Variegated color, no roots. estimated Permeability 7.10"/h-. Additional Hato. TH I - NTo free water(w-tcr table) to a deA of 126" at timer of excavation, T -q2 - No free water (water table) to a depth or 130" at time, of excavation. TN3 ' "� O 1'ee water (water table) to a -depth Of 110" at time of excavation, Pit Silt loam (20-25% csy_1 I OYR 3/4, may fin, common medium an coarse roots, estimat Permeability .5-1 "Ili Silt loam (25% clay) compact, strong play structure, IOYR 316, 1 common fine, medium and few come roots,, estimated Permeabil" :1- .4"/br. 71 Silt loam (25% clay), I IOYR 4/6, few fine SO medium roots, estimated PCMc4biIity.2-.fi"/hr, SWWY loam (15% clj� weakly cemented, I OYR 4/6, few fine roots, ! ,estimated Penm2bibly .5 - Fine sandy loam (l 0- 1;5% Clay),75YR S/4, no MOU, estimated permeability 240/hr. Extremely gravelly loamy fine Sand (<5% clay), varitsated color., no ro estimated permeability, S_ I L AES BR1�,D J �TS�K PAOP��R v ' Evaluation Date 2 � Sail Evaluation Requested By Mart 1 s th F Dee er dress t4. S a e Ci ty RQ se State Zip Cade 8 3 1 p � Phone Lot Size Bedrooms Parcel 4je9al Description Part of QwkmT .,., w.. Svalua ed H On 24+en -11B . a I C acre parcel Pit T73I24+ parcel Pit TI32 On 75 acre parcel Silt10am (26.25% p=8" Pit TH3 IOYR 413 common Sift loamclay), IOYR 3/4( clay), many ime 0-81, Silt loam (20°% clay), ii r 3 estimat44 ,, roots, `w , estimated IOYB 314. corquwn fine roots, estimated petuteabili S.; ti' • "11u. permeability ,5_ I /hr. permeability .5-I ilYr. j 10-2I" Silt Ioam (250/, ! clay), 7.5YR 414, fcw g_2Cl r � cemented 8-28" Silt Ioam (25% ala ), IOYR fine roots, estirrtatod sandyltrtutr, very 316, few fm roots, estimated` l�r7rreability .2- 6"/hr - cont�a brittle, I OYR 4/6, no hoots, pe b ` .2- 21-35'' Silt loam (20% clay), estimated I OYR 414, matrix SYR 416 r4ottles, � Permeability 28-42" Sandy loam (15-20% clay), I OYR 416, very some mansonese stains, few fine mots I0-33" clay), it learn(IOYR ro compact, few fin estimated estimated Permeability .S- I "lhr. ,frs% 100thpermeability estimated 1-2 36-4$" Silty clay leant (30. P"ermeabilty 1.5- 42-68" Sanely loam (1oio clay), 7.5YR 4/4, 35% clay),II OYR 513 Cmatrix,: SYR R 4/6 33 pmo& YR:i1fA to ta�Oly Compact, platy motiles. no moots, Cemented hardpan, stfUcture no roots estimated estimated ��� bilzty -06-permeable no roots permeability 2-4" 63-92"IIxttemely gravelly 68-85" Extremely gravelly f 4s-63" very gravelly sandy loamy fire sand and cobbly loamy Erne sand, weakly clay loam (30% clay), 7.SYR 5/6, no roots, (<5% clay), loose, 7 -SYR 414, no mots, fine and, teYR 41 , ce a IO estimated Permeability 1-2"ft estimated Permeability5-8"1lrr. ted. aced permeability 2-d"/hr� 61-85" Extreumly gravelly g2 -12Q" lily gravelly 85-11o" F clrerueiy gm lly' and cobbly loamy fire sandy loam (3 Clay), 7.5Y.0, 514 sand cobbly % cimyy} One Erne sand (<5% clay, Ioosc no roots, esturated ' loose, 7.5YR 1114, no 7,5YR 4/6, mo toots, estimated stun Permeability 1-3"/,yr. roots„ estimated Permeability 5- 5- -Y 14" Extremely gravelly 8'7br.+ 8"/hr.+ and cobbly loam. medium sand (5q clays variegated color, no roots, estimated Pemeability 5- toolhr.+ Additle at In THl - Free water (water table) at 112,* depth. T.�4? - No free water (water table) to T913 - No free water (water table) to a 120" depth. 1111" depth. t tr-ub3 ble - : elq P. AES Soil Evaluation BRAT) JANZ3$K FRtIIERTY valuation Date 3f QQ Requested By Mary h e Address 0 W. S a y'merM e Ci" Y 22ig!L� Statad .�.�52 Zip Code UO3 Phone Lot Size 2 8 3$8- 1 9 Bedrooms Parcel 100+ A s ='ecjal Description E Ada CL 0 . 6 T.4 W S1€�°t7e 0-1'� +aluated. B Or 75 H. I.o acre pzscel On 75 pit TH4 "MP=d Pit THS acrOn e 73 +^ 0�7^ Snit loam (20-25% parvo pit TH6 0-3u Clay), I OYR 314, Silt loath (20-25% clay). 10YR 314, 0-10" Silt loam (25% clay), many flnO roots, estimated many AW roots,11 10YR. 414, man y fa l tneabri2ry .5-1 "/br. estimated permeability.s. roots, estimated Permeability .2-.6" _, 7-16" Silt loam (25% clay), 1"/hr. 10-42" Silty clay lom (30% 10YR 3/4, common 9-19" fine roots, estimated Silt loam (20-25% Clay), I OYR 5/4, I Pamcability ,2 -,6 -ft. cin fine GYR 1 common line ro otsroots, estimated Permeability ility i b-30"Silty clay loam (30"1 estimated .2-.6"/hr, clay), 10YR 3/4, few fine pertneability .5y 1 Ibr. 42-30" Sandy clay (50% roots, estimated clay), I OYR 4/4, very Permeability .2-.6" /bar. I9-33" Sandy loam (I5% c°uvact, no roots, irrrperrlreable. 30-5W Weakly cemented Cltry), t0YR 5/4 sandy loan,,matrix, very 7,3YR 516 M*kcompact, the 50-70" Loamy fine sand brittle, IOYR 514, no routs, .few routs. estimated (<$% clay), very compact permeability2- 5°1hr. 10YR 514, Permeability 9ty<.07"/hr. Permeability 1-2"/hr. SO-75"ery fnc shay loam 33-55" very esy gravelly Iosnty medium 70-108" line sandd(0% clay), (0%clay), (15%v clay)' compact .2.5YR 4/4, 1tA roots, and sand (<;5%0 variegated varieated calm, lor, n0 sooiestimated estimatedaY): Clay), 20YR 416, no , permeability 4-611/hr.1 Permeability 1-2"hr, 100ts, estimate d ability 1S - ?5.116 Extremely Sravelly 201 and cobbly tint sand 53-85" variegated calor, Extremely gravelly noir and cobbly loamy � estimated fare sand (<5%Q petmeabllity 5-8"/*.+ clay), IOYR 4/6, no roots, estimated PerMftbility 5- 8"Ilii.+ 85-2 I0" Extremely gravelly and cobbly fine sand (0% clay), variegated color, no gats, estimated Permeability 7. Witional to. 10"1llr.+ TI' -Y4 - Free water (water table) at 1 I2" t%lptlt 5 - ?iia free atez (tenter tab e)to 110' depth, TH6 - No fire water (water table) to 108" depth. Ross Erickson From: Mindy Wallace < Mwallace@achdidaho.org > Sent: Thursday, August 16, 2012 11:53 AM To: Ross Erickson Subject: RE: Villas at Lochsa Falls Subdivision Ross, A traffic impact study will not be required for this application. Please let me know if you have any questions. Mindy Mindy Wallace Planning Review Supervisor Ada County Highway District (208) 387-6178 "We drive quality transportation for all Ada County -- Anytime... Anywhere! From: Ross Erickson fmailto:ross(@ericksoncivil.coml Sent: Thursday, August 16, 2012 10:49 AM To: Mindy Wallace Subject: Villas at Lochsa Falls Subdivision Hi Mindy — Can you please send me an email indicating that a traffic study is not required for the Villas at Lochsa Falls subdivision project. Thanks, RE Rose Erickson, P.E. Erickson Civil, Inc. If] ow 9.3713 1 Ross Erickson Erickson Civil Inc 6213 North Cloverdale Road, Boise, Idaho 83704 Tree evaluation located at 5375 North Linder Road, Meridian, Id. Mr. Erickson, I have looked at the trees at this location and have redlined a copy of the preliminary plan sheet. Most of the trees on the site are in such poor condition that they do not meet requirements for mitigation. You can see that I have made an X on the trees that do not need to be mitigated. I have not listed them all, but have noted them on the plan sheet. Many of these trees are left over from the old nursery that was located there. The only fairly good trees that could be mitigated are 2 Blue spruce trees. These are both 14 inches in diameter. So mitigation would be a total of 28 inches. Thank you for the opportunity to walk the site and look at the trees. Elroy Huff Meridian Parks and Recreation Phone 371-1755 Ross Erickson From: Mack Myers <mack@settlersirrigation.org> Sent: Wednesday, August 08, 2012 9:07 AM To: Ross Erickson (ross@ericksoncivil.com) Cc: Mandy Macomb; John Anderson Subject: RE: Villas at Lochsa Falls - Pressure Irrigation Ross, I had the chance to present to the SID board the proposed pressurized irrigation tie in for the new Villas development at Lochsa. They have accepted the proposal and gave the ok on moving forward. As explained in our conversation Friday, there are hookup fees as well as pump modification fees. All SID requirements must be followed and or met. You will find our requirements on our website Settlerslrrigation.org. Final approval will be given once all SID requirement are met. If you have any questions please call me @ 208-871-4468. 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: Ross Erickson[mailto:ross(abericksoncivil.com] Sent: Friday, August 03, 2012 2:52 PM To: Mack Myers Cc: Jeremy Telford Subject: Villas at Lochsa Falls - Pressure Irrigation Mack — It was nice meeting you this afternoon, I've attached electronic copies of the documents I dropped off just in case you need them. Let me know if you should have any questions or require any additional information prior to the Board meeting this Tuesday. As I mentioned, if the board acts favorably, please forward me a "will serve" email or letter for inclusion with our preliminary plat application to the City of Meridian. Thanks, Ross E. Ross Erickson, P.E. Erickson Civil, Inc. 6213 N, OovwdA, Rd, 8uim 125 1 Hearing Date: October 4, 2012 File No's.: AZ -12-009 & PP -12-008 Project Name: Villas @ Lochsa Falls Requests: AZ — Annexation of 5.67 acres of land from RUT in Ada County to the R-8 (Medium -density residential) zone, by Arete Investment Group LLC. PP — Preliminary Plat approval of 31 residential lots and 5 common lots on 4.95 acres in a proposed R-8 zone. Location: West side of N. Linder Road between Chinden Boulevard and W. McMillan Road in the NE'/4 of the SE'/4 of Section 26, Township 4 North, Range 1 West.