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Aero-Tech - CUP 00-018 Troutner Business ParkCITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT �FIL NAME: Joseph M,: Heilker e.uP-oo 331-1234 PHONE: ADDRESS: 2491 North Tumberr Way Meridian, Idaho 83642 GENERAL LOCATION:_ Troutner Business Park DESCRIPTION OF PROPOSED CONDITIONAL USE 10,000 Sq. Ft. Lease Buildin ZONING CLASSIFICATION: C - G I certify that the information contained herein is true and correct. Si e of Applicant So Security Number 565-23-2592 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by Joseph D. Heilker for the property generally described as located at 443 West Pennwood Street Troutner Business Park _ TO SUBDIVISION, BLOCK 5 , LOT 2 FEC"�-11VED 0 2000 City o Aleridian 1 CitFd Clerk OFT.!P. - N 3 In CONTENTS OF CONDITONAL USE APPLICATION (Incomplete application cannot be processed) An application for conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following: Name, address and phone number of applicant: Joseph D. Heilker and Stacey Heilker 2491 North Tumberry Way Meridian, Idaho 83642 Phone: (208) 331-1234 (Day) (208) 887-3936 (Evenings) Name, address and phone number of owner of subject property: James H. Ballantyne, President of Troutner Business Park Development Corporation 10250 Whispering Cliffs Drive Boise, Idaho 83704 Phone: (208) 375-1966 Legal description of property: Northeast '/a of Section 13, Township 3 North, Range, 1 West, Boise Meridian, Meridian City, Ada County, Idaho. Block 5, Lot 2 of Troutner Business Park. See Attachment: QUITCLAIM DEED Proof of ownership of subject property (Warranty deed) and notarized consent of property Owner: See Attachment: AFFIDAVIT OF LEGAL INTEREST (Both Applicant and Property Owner). 5. Description of existing use: Vacant Lot 0 7 8. Present use of subject property: Undeveloped Site Proposed use of the subject property: Lease Building Development The District (present zoning) that pertains to the subject property. Current Land Use Zone; Commercial — General (C -G) CONTENTS OF CONDITONAL USE APPLICATION CCUA - 1 9. Thirty (30) copies of a vicinity map of scale of one inch equals three hundred feet (1 "=300'). See Attachments: 10. A plan (with a scale of not less than 1 "=50") of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard (submit 35 copies). Also include one 8 '/z " x 11" copy of site plan, elevations and list of construction materials for all buildings. See Attachments: 11. A list of mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. Subject List Requested: February 15, 2000. 12. Characteristics of subject property that make a conditional use desirable. Subject building application not listed as accepted use in current zone. 13. A fee established by the Council; $275.00 + $1.73 each for certified mailings for each property owner listed within the 300 feet = Total Fee. Please double the mailing fee on this application if the property is located in a zone other than Old Town, Commercial, or Industrial. (All other zones require two public hearings — 1 before Planning & Zoning Commission and 1 before City Council). See Attachments: Check for the appropriate amount of fee. 14. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential commercial or industrial. See Attachment: Memo, Dated: February 16, 2000. 15. The application shall be verified by the applicant who shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. See Attachment: Memo, Dated: February 16, 2000. 16. The property will be posted 1 week before the hearing stating they have applied for a conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. See Attachment: Memo, Dated: February 16, 2000. CONTENTS OF CONDITONAL USE APPLICATION CCUA - 2 TROUT -- R BUSINESS PARK DEVELOPMENTrcORP. — 10250 Whispering Cliffs Drive Boise, Idaho 83704 February 25, 2000 Mr. George R. Blecha, AIA Architecture and Planning 507 Hillview Drive Boise, ID 83712 Re: 443 W. Pennwood St. Dear George: On February 25, 2000 the Architectural Control Committee of Troutner Business Park reviewed the plans for the Heilker building at 443 'Vest Pennwood Street. The Committee has approved the plans with the following exceptions: 1.) Many of the plant materials identified in the Landscape Legend are not included in the Troutner Business Park Landscape Guideline. All plant materials must come from the Plant Legend (Appendix 3A of the Design Standards). Please amend your plant selection to be consistent with the Design Standards. I have attached a copy of the Plant Legend for your reference. 2.) The landscape buffer between the parking area and the street should be bermed. Based on the drawing, it was unclear if you had intended to berm this area. 3.) The Covenants require that there be a five (5) foot landscape buffer on property lines adjoining other lots. There must be a landscape buffer against the east property line. As the applicant intends to acquire Lot 1, Block 5 to the south, no landscaping will be required on the south property line. In the event the applicant does not acquire Lot 1, he would then be required to landscape the south property line. 4.) No exterior colors were provided for this building. We would like to review and approve the color scheme prior to construction. Thank you for your efforts with this building. We are extremely pleased with the Heilker project design. If you have any questions or concerns, please give me a call at 378-4600. Sincerely, i Michael J. Ballantyne Troutner Business Park Enclosure N. uCL J z WCL N z w -' LLJ NN 0 LL, 16" � E _i CQ V J O Ll 0 LL, 16" � E _i CQ Ll fl O E ° . -J o� TROUTNER BUSINESS PARK LANDSCAPE SECTION ■ PDAw000 sTRu? 0 FLOCK TWO ! fl •�Ot7iiQ � — ._ -- ni o i,t O iii p BLOCK FIVE CJ � TROUTNER DUS1NE55 PARK LAND5CAPE GUIDELINE O �' ilOfr?Q BLOCK TrJR£_ 0 Y \ .- } O t 0 - LANDSCAPE PLAT! N. OAA*[rr STMT BLOCK ONE o AV O t ■ PDAw000 sTRu? 0 FLOCK TWO ! fl •�Ot7iiQ � — ._ -- ni o i,t O iii p BLOCK FIVE CJ � TROUTNER DUS1NE55 PARK LAND5CAPE GUIDELINE O �' ilOfr?Q BLOCK TrJR£_ 0 Y \ .- } O t 0 - LANDSCAPE PLAT! D z �i s fifff .-f ss sssssss E EEEEE FE EEfEEFE �SSSSStsSSS SSS Ilb h" i� FEEEFfEEEEEEFFB mmia)srsi� fir► in in in ininin ;tt a,t�inis�:p�tin=min ©mmommn IDIDIDIDmIDID V M Yiar+/ 46% *# mtn{flmmSi ff1D IDIDmtamma� d.iS,v v•► �uSu3�v �D tD d �f? tD l9 �D tD tD'D tD Nnfi:iciflfi .D� ------- NIDtSIDmmNmr7Nfi,..ft1-lit -� {o tn ng� x x x x UU al <Win 2 S z�;�� �x z u z 4 i � loin ME�L< il-5 U A� • • • • • ' • k TROUTNER BUSINESS PARK , LANDSCAPE GUIDELINE Memorandum To: City of Meridian From: Joseph D. Heilker Date: 02/16/00 Re: Pertinent information/Affidavit To whom it may concern, The following is in response to the information that is necessary to complete the conditional use permit application, that is being applied for by Joseph D. Heilker and Stacey Heilker. The info. Required is listed under the contents of conditional use application. #14.We the applicants agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use is residential, commercial or industrial. #15. We the applicants have read the application and its contents thereof and verify that the information contained therein is true and correct #16. We the applicants will post a sign stating that we have applied for a conditional use permit we will do this one-week before the hearing, as required. The applicants for this transaction are Joseph D. Heilker and Stacey Heilker. UAA Joseph D. Heilker Date Stacey Heilker Date 1 AFFIDAVIT OF LEGAL INTEREST State of Idaho County of Ada On , 1999 Personally appeared Before me, who is personally known to me whose identity I proved on the basis ofT 3 P whose identity I proved on the oath/affirmation of of this instrument, and he/she signed it and does say: a credible witness to be the signer That I am the record owner of the property described on the attached, and I grant my permission to name address E3 7/c?-- to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's 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. aures H. Ballantyne p, X• G•;BS �•' President, Troutner Business P/rk wRY development. Corp. two G '-Notary Public for I o �` J, 1�Q'�.•` Residing at ?� 71 %v easel My Commissi n Expires:_ 1 1—. AFFIDAVIT OF LEGAL INTEREST State of Idaho County of Ada On j ZI — 1999 Personally appeared /1* Before me, who is personally known to me — whose identity I proved on the basis of �TVOE whose identity I proved on the oath/affirmation of , a credible witness to he the signer of this instrument, and he/she signed it and does say: 1. That I am the record owner of the property described on the attached, and I grant my permission to � L(// —evzn 162 W-- z 6 name address to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's 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. ��,..•••••••��.,,�• �. aures H. Ballantyne P K• G«BSO'••�s. L President Troutner Business P rk •' �P Pvelopment. Corp. 0� wR Y. otary Public for I o �:,�` ����.••� Residing at J-2DT5,7,f TA TB 04 •`� *0188 sell' ' My Commissi n Expires:-��' TE H 10 W. PENNWOOD ST. PROPERTY OWNERS WITHIN 300' TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION 10250 WHISPERING CLIFFS DR BOISE ID 83704-0000 365 SW 05TH AVE 366 SW 05T" AVE 375 SW 03RD AVE 440 W PENNWOOD ST 350 W PENNWOOD ST 429 SW 05TH AVE SW 05TH AVE 351 W PENNWOOD ST 443 W PENNWOOD ST 503 SW 05TH AVE 540 SW 05TH AVE 551 SW 05"' AVE BERRY ARTHUR J TAMURA DOUGLAS W 960 BROADWAY STE 450 BOISE ID 83706-0000 N MERIDIAN RD GOADS JOHN D & GOADE SANDRA J 5855 BECKY DR MERIDIAN IU 83642-5364 420 W WALTMAN LN PHILLIPS RICHARD M 210 MURRAY ST BOISE ID 83714-4615 627 S MERIDIAN RD ,ED FED 2 3 2003 WARRANTY DEED For Value Received N & D, INC., an Idaho Corporation, the grantor, does hereby grant, bargain, sell and convey unto ARTHUR L. TROUTNER, a single man, as to a 54.944 undivided interest; PAUL H. TROUTNER and IONE M. TROUTNER, husband and wife, as to a 68 undivided interest; JAMES H. BALLANTYNE and MARY BALLANTYNE, husband and wife, as to a 28.129 undivided interest; DAVID L. NORDLING and YOSHIE NORDLING, husband and wife, as to a 8.759 undivided interest; and DENNIS E. HEEB, a single man, as to a 2.199 undivided interest, whose current addresses are c/o Ballantyne Land Company, 4720 Fairview Avenue, Boise, ID, 83706, I the grantees, the folluwing described premises, to -wit: All that part of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying North of the existing center line of Eight Mile Lateral of the Nampa and Meridian Irrigation District as the same is now constructed over and across said land. Said parcel is approximately six acres, more or less. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise: apper- taining; and all water, water rights, ditches and ditch rights appurtenant thereto or connected therewith. Subject to all easements and rights-of-way of record or appearing on the land. SUBJECT TO that certain Deed of Trust wherein N & 1), Inc., an Idaho corporation, is the grantor, Title and Trust Company, an Idaho corporation, is the trustee, and Eugene P. Ross and Barbara J. Ross, husband and wife, are beneficiaries, dated the 1�6 hh day of June, 1982, Records of Ada County, Idaho, and the deme of trust indebtedness secured thereby, which Deed of Trust and deed of trust indebtedness is not assumed by Grantees herein. Grantor does further convey unto said Grantees that certain easement creating ingress and egress roadways for the benefit of said premises, as particularly described on Exhibit. "A" attached hereto and by this reference incorporated herein. TO HAVE AND TO }TOLD the said premises, with their appurtenances unto the said Grantees , their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Gr::ntaes , that xbx it is the owner in fee simple of sa.d premises; that said premises are free from all incumbrances, except current taxes and as:;essments, which ate a lien but not yet due and payable, and easements and restrictions of record or -risible on the premises, and that /A -ie will warrant and defend the same from all lawful claims whatsoever. Dated: -/ -7 xy, 1982. N & D, INC. ATTEST4N61i x XIZL�/`r''/''c� V __ B GiC�Jr _ - ENCk._'Se_.cr�tar _:. O G. FUL R, esi Ant — g1',ATE QF— IDAtiO,'.CO.UNTY OF ADA STATE OF IDAHO, COUNTY OF t v" day of June 1982. s r On this / y 1 hereb • certify that 'his instrument was filed for record at bc(ore me, a rp��iir?• public in and fur said Stale, personally the request o[ 1_awyeri T!t e i iyprtared "NOaN G. FULLER. and SIiANNON ? SBENJF;•R.t Yhowrt', to ,me to be the Fresi- at �� "in,ees past J clnck�m., dent'a�.-.Jecret:ary, respectively, of this q /e day of the above-named corporation, and r9P✓t, in my office, an duly recorded in B of Deeds at page kn8 'n }tt�o {{�m�aae beff the J. -Mons wh Q names -are JOHN p subs rbedlnh°Gi f�,M rhsF��i?•R��.S°kno�.]ed„ed to IY GG /yJ�IQA----,-------- i me that said corporation esrculed the same. F r-OC.cio Recorder � Notre r)• F'ibtic Drp•itf I Residing at BO i S eldaho rre■ = Comm. F-pires M.il lo: EXHIBIT "A" A permanent road.easement.`;being 50.00' feet in width being 25.00 feet oneach side of the following described 'line. Said easement'is'.located in.the Northeast Quarter, Section'130 Township..3`North,', Range 1 West, Boiae Meridian,.Ada County, Idaho, more particularly.described,as' follows: Commencing at'the East Quarter'2,corner of said Section'13,:thence North`,.00.•;22'=35" East 1132.00-:feet.along the Easterly boundary of said Section 13 to;-the.REAL POINT OF BEGINNING, thence South"8905.5' 45" West 994.21 feet, thence,North'0° 18' 20" East 450.00 feet. S22f;1 For Value the grantor, does h TROUTNER, a single TROUT14ER and IONE M interest; JA-4ES H. as to a 28.12% undi husband and wife, a single man, as to a c/o Ballantyne Land the grantees, the f All that part quarter of the North, Range 1 lying North of Lateral of the the same is no Said parcel is Together with and appurtenan taining; and a rights appurte Subject to all appearing on t SUBJECT TO tha Idaho corporat Idaho corporat Barbara J. Ros the 16th day o the deed of tr Trust and deed herein. Grantor does f easement creat said premises, hereto and by TO HAVE AND TO HO their heirs ; with the said C:-antres , thn premises are free from all inc are a lien bu: not of record or risibl and thai /�i� will warra iDated: NC 198: AT.TEST� S. , LL,X xt7L H NON-Sp$jCf S -e rE QF:1DAHo,'CO1-1NTY Of i On this / 7 day of before me, n rot„ir? public in and fo typuTed NOAAAN G. FULI S2EN�'-S-Rp.Knowa', to .me tc dent 'a»d.: Ijecret'ary, ret the above-named carport k n{}qg��un to beG-i the pe-orS ho bar r�,ed ISI Ihe�C�.M Th c�R��iR me that said corporation Krsid uil; et THr FORM FUWMHED COURTUY OF: STEWART TITLE READ A APPROVED BY ORANTES(s): 050 lb -6000213 95 Juh ; 00 FEE kBOVE TT1 VAi )4R RACORDUM DATA Order No.: 95054497 -PW -SG WARRANTY DEED FOR VALUE RECEIVED NORTHWEST NAZARENE COLLEGE, INC., A NON-PROFIT IDAHO CORPORATION, AS TRUSTEE OF THS GLEN L. HUDSON AND IMA P. HUDSON CHARITABLE REMAINDER GNITRUST, DATED APRIL 18, 1994 AS TO AN *** GRANTOR(S), does(do) hereby GRANT, BARGAIN. SELL and CONVEY unto JAMES H. BALLANTYNE AND MARY BALLANTYNE, HUSBAND AND WIFE AS TO AN UNDIVIDED 1/2 INTEREST AND ARTHUR L.. TROUTTNHR, AN UNMARRIED PERSON AS TO AN UNDIVID: GRANTEE(S), whose current address is: 410 S. Orchard # 156'Boise,ID 837051/2 INTEREST the following described real property in ADA County, State of Idaho, more particularly crtb deed as follows, to wit: As set forth on the attached S7CHIBIT 'A*, which by this reference becomes a part hereof. ***UNDIVIDED 65t INTEREST AND GLEN L. HUDSON AND IMA P. HUDSON, HUSBAND AND WIFE AS TO AN UNDIVIDED 35% INTEREST TO HAVE AND TO HOLD the said premises. with their appurtenances :..nto the said Grantee(s), and 'Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Gramee(s), that Grantor(s) is/are the owner(s) 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 those made, suffered or done by the Grantee(s); and subject to reserntiotu, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and asses.'.rnents, (inch)ding irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grarwr(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: May 31, 1995 GLEN L. HUDSON IMA P. HUDSON STATE OF On this of in the year of FubGe in amd for said gUmZrzonally appeared NORTHWEST PAZARFFE COLLEGE, INC., AS AS TRUSTEE or THE GLEN L. HUDSON AND IMA Y. HUDSON CRARITABLE REMAINDER IINITRIIST DATED APRIL I8. 1994 1sT:./ht the undersigned, a : Solari known or identified to me to be thenarae(s) Blare arbsarbed to the within lostrum=4 and acknowledged to me that he/sbehhey , the Na= Residing ac ORDER NC. 95054497 -PW -SG EXHIBIT •A• 1676000214 PARCEL I A portion of the Northea3t 1/4 of Section 13, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, more particularly described as follows: Coamencing at the East Quarter Corner of said Section 13, said point being coamoa to said Section 13, Township 3 North, Range 1 Weet,.Boise-Meridian and Section 18, Township 3 North, Range I East ,;Boise -Meridian, Ada County, Idaho; thence - North O`degrees';220350 Baat;'along,the Section line common to said Sections 13..and 18,'1000.23 feet to a point, d:point'.being "oh' the Southeast corner of the North r `., Ralf of Nort2rHalf;. of Southeast Quarter of the . -Northeast,.'quarter, oL said Section; thence South 89''degrees 47!06• Nest along'Southerly line of the North`Half'ot=the North -Half of the Southeast Quarter of the Northeast Quarter of said Section, 533.24 feet to a point; said point being TBE REAL POINT OF BEC3I2QM9G; thence .continuing, along the said Southerly line - South 89 degrees 47'06'.Nest,`"790.57 feet to a point being the Southwest- Corner of the North Half of the North Half of the Southeast Quarter of the Northeaot Quarter of. said Section=; tha-ice . North*O degrees 13'48" East, along the Westerly boundary of said Southeast quarter of the Northeast quarter, extended, said.line being the 1/16 line of said Section, 759.16 feet to a point on the center line of Bight Mile Lateral; thence South 57 degrees 081466 East along the center line of Bight Mile Lateral, 786.38 feet to a point on the Northerly boundary of said North Half of the North Half of the Southeast Quarter of the Northeast Quarter of said Section; thence South 89 degrees 551450 East, along the Northerly boundary of said North Half of the North Half of the Southeast Quarter of the Northeast Quarter of said Section; 129.85 feet; thence South 0 degrees 22'358 West, 329.43 feet to a point, said point being THE REAL POINT OF BEGINNING. -1- . continuation o!.Rxhibit A 18"76000215 Order No. ST-95054497-Pi.W PARCHI. II A perpetual, lion-exclusive Basement;lor Ingress°and Bgrasa being.50.,st leis width and lyiag North'of the lolloring deaLi �'Ybed*p=pertY= , -i. �'' 3:*Fk%y _ .ax Y'..i• .-rte ,� c ,L,_"' f `' 3,,.-..... - .-+:Y.:F3" A portion a! the- lPortheast� ¢cart o� aA Sact3am13, ,.,r,Ta�hiD;3'��t2t:'�itanae�i�ifest�Heies=l�eridianfe'�r�x;'rs.n,w..•:�.. �•--�..., _ „ :, -2- ORDER NO. 95054497 -SG • 16'7b�GO216 STATE OF IDAHO, County Of ADA, es. On this 1ST day of JUNB in the year of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GLEN L. HUDSON AND Da P. SON known or identified to me anfiE ) xhose name ) is/are subsc to the xitd ac)moxledg me that h /they exet ft Name 3(typeor`Print) At ires JONSjT;;2000 r11{ 4` ! f STATk3' OFs IDlINO, County o! On. this7lar'day'oL �S iu this, c 1995; before me tha" {= undersigned, a Publia is ` ! .laid State,"persanally idaatilied> totme . to bea;tbe pessoD name is/�es�e-, + �subscribed:`to ths;rithiri'anatz, einm'nt° ar�.Tzvstee;ol:.QL�t L . :- . 3 ` HDk�402I JL -, kJ ► P, ti $UDBCOf >�`' UMITRUS?: DATBD APRIL'r 111 1994;and ac]cuonl sr he/'wCbw executed the same asTsvitee� �l ' trv�^7 SignaturesQF .w iT r } _ .t, .w �,', f�� iding i ,.t.: '•"."y'T. � 'ins>.;' � i�i{Ai expirest,�f •W'SY .�.��� tl ^� mil r 1 dy �- ra ja �♦♦ � t y r 5 • Z. QUITCLAIM DEED GRANTOR: Dennis E. Heeb and Marla K. Heeb, husband and wife GRANTEE: Arthur L. Troutner, a single man; Paul !i. Troutner and Ione M. Troutn?r, husband and wif'-; J.B.J. Properties, an Idaho Limited Partnership; James H. Ballantyne and Mary Ballantyne, husband and wife GRANTEE'S ADDRESS: c/o James H. Ballantyne, 10250 whispering Cliffs Dr., Bcise, IC 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances thereto located in Ada County, State of Idaho legally described on Exhibit A attached hereto and depicted on Exhibit A-1 attached hereto together with all appurtenances and easements. DATED This _11,' day of i 1995• / s o l 'f s s 'r ,J; n �,•, `r�•Qh Dennis'.-E•� Heeb T7arla K. deb STATE OF IDAHO, ) ( ss. COUNTY OF ADA,, �? of f<:� y996, before me, the On this �[ drY , personally undersigned a Notartr Public' in aad.;for said State appeared Bennis E. H d(5"and Marla K. Heeb, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. 1N i:ITNESS WHERr.OF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �,. Idaho Residing in Boise, Idaho my, Commission Expires: ,fi -/t.' ;5U1'CCLAIM i�EED - 1 I;UMMI I MU141 1:U11 11 I LE INS UItANGE SCF IEUUIE C Fie Number. P150778 The land referred to in this Commitment Is described as follows: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING /'.T AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13: THENCE MVESTALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13: THENCE CONTINUING WEST ALONG SAID SECTION UNE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; ',HENCE SOUTH 00 DEGREE 08'25' WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35' WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 S 5588; THENCE SOUTH 00 DEGREE 08'58' WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00' EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00' EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13' EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12' EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06' WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07' EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05' WEST A DISTANCE OF 66321 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48' EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER YRTH A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS BEING 50 FEET IN WIDTH AND LYING NORTH OF THE FOLLOWING DESCRIBED PROPERTY; A PORTION OF THE NORTHEAST OUARTER OF THE SECTION 13, TOWNSHIP 3 NORTH. RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRUBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13; THENCE 110RTH 0 DEGREE 7,e W EAST 1107.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID SECTION 13 TO THE REAL POINT OF BEGINMNG; THENCE NORTH 99 DEGREES 55'45' WEST 533.12 FEET. [7: 74:7i _ y _rat •LG. � � G � s I ` ,u.• �I R Al i WI or [• R O. I �tv oz F;4 I.• +� "" rr i Ski co YX '=[19xctl v[aslrt• i I i I . ••ars �. j F a-, •53._8," . w c 3 •s-f, �4's� - ';�F-� �F;� 6s:6��)6ta�e�z•;��� i�9�i,al�e }'_ t o Si.f'i-•v ��Y,aaar'�[-a+ 31FS � D,' -' a•; :71}3[. [i. 7a�: �7!c GRANTOR: 1. 2.. 3. 4. 5. 6. GRANTEE: 97010217 j%D.1 - .. RECOiDEHI QUITCLAIM DEED E FEB 7 Pit' 53 Arthur L. Troutner as his separate Estate ��/ James H. Ballantyne, Jr., and Mary Ballhn.tyDe;_ Dr husband and wife REGC::� :,i TI!� r', GUEST OF Paul H. Troutner and Ione M. Troutner, husband and wife Paul H. Troutner and Ione M. Troutner, as Trustees of the Trust of Paul and Ione Troutner J.B.J. Limited Partnership [which also appears of record as J.B.J. Properties, an Idaho Limited Partnership] David Nordling and Yoshie Nordling, husband and wife Troutner Business Park Development Corporation, an Idaho corporation GRANTEE'S ADDRESS: 10250 Whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. DATED This L. day of "/� , 1991. Arthur L. Troutner, as his s separate Estate James H. Ballantyne, Jr. Mary Ballantyne QUITCLAIM DEED - 1 d/realest/troutner.dee Aau 1 sr �Trou ner J.B.J. Limited Partnership by Edward G. Jenkins by Billye 0. Jenkins GENERAL PARTNERS David Nordling Yoshie Nordling STATE OF IDAHO, ( ss. COUNTY OF ADA, j On this day of , 1996, before me, the undersigned a Notary Public in and for said State, personally appeared Arthur L. Troutner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. QUITCLAIM DEED - 2 d/reatest/trautner.dee IN WITNESS WHEREOF, I have hereunto official seal the d'ay and year in this written. STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) set my hand and of fixed my certificate first above Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: On this day of '1996, before me, the undersigned a Notary Public in and for said State, personally appeared James H. Ballantyne, Jr., and Mary Ballantyne, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: STATE OF ( ss. COUNTY OF ) On this 3Q day of A nA4vi , 199 , before me, the undersigned a Notary Public in andl for said State, personally appeared Paul H. Troutner and Ione M. Troutner, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. QUITCLAIM DEED - 3 d/realest/troutner.dee IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dziy and year in this certificate first above written. / r R'L 'f APubl c for l: • _`,z✓. J:L Residing in �o ru- n l ,� My Commission Expires: 1 L12,3JL4-0 STATE, QRc���,.o }' ) �r ( s s . •.C7TY OFA �� ) 1997 before me the "Oil this day of gyp, uo� ► ► ► undersigned a Notary Public in and for said State, personally appeared Paul H. Troutner and lone M. Troutner, known or identified to me to be the persons whose names are subscribed to the within instrument as Trustees and acknowledged to me that they executed the same as such.Trustees. Nr W��iSS WHEREOF, I have hereunto set my hand and affixed my official �a,•. the, day and year in this certificate first above wrAtenr ••r Notary blit for k.,:i r •;��- Residing in 64 no- My kMy commission Expires: STATE-OF IDAHO, ) ( ss. COUNTY OF ADA, ) on this day of , 1996, before me, the undersigned a Notary Public in and for said State, personally appeared Edward G. Jenkins and Billye O. Jenkins, known or identified to me to be the General Partners of J.B.J. Limited Partnership, and who subscribed said limited partnership name to the foregoing instrument, and acknowledged to me that they executed the same in said limited partnership name. QUITCLAIM DEED - 4 d/realest/tr•outner.dee EXHIBIT A The land referred to In 11ils Commitment Is described as follows: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/i 6TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35' WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58' WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.45 FEET; THENCE SOUTH 85 DEGREES 41'00' EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER WITH ALL EmamENTS..APPURTENANT TO THE PROPERTY. _ GRANTOR: I. 2. 3. 4. 5. 6. FRO EMISE !1' QUITCLAIM DEED 97 FEB 7 P4r.. Arthur L. Troutner as his separate Estate�W,-James H. Ballantyne, Jr., and Marya�tyne T OF husband and wife Paul H. Troutner and Ione M. Troutner, husband and wife Paul H. Troutner and Ione M. Troutner, as Trustees of the Trust of Paul and Ione Troutner J.B.J. Limited Partnership [which also appears of record as J.B.J. Properties, an Idaho Limited Partnership] David Nordling and Yoshie Nordling, husband and wife GRANTEE: Troutner Business Park Development Corporation, an Idaho corporation GRANTEE'S ADDRESS: 10250 Whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. 7 DATED This °a i - day of J199f. Arthur L. Troutner, as his separate Estate James H. Ballantyne, Jr. Mary Ballantyne QUITCLAIM DEED - 1 d/realest/troutner.dee Paul H. Troutner one M. Troutner Paul H. Troutner, Trustee Ione M. Troutner, Trustee J.B.J. Limited Partnership by Edward G. Jenkins by Billye o. Jenkins GENERAL PARTNERS David Nordling Yosh a Nordling STATE OF IDAHO, ss. COUNTY OF ADA, ) On this J.i day of�Ar ,Ar , 199j, before me, the undersigned a Notary Public in an for said State, personally appeared Arthur L. Troutner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. QUITCLAIM DEED - 2 d/realest/troutner.dee IN WITNESS WHEREOF, I have hereunto set my hand and affixed my. official seal the day and year in this certificate first above written. Calf` u Rr Not ubl c for Idaho Residing in Boise, Idaho My Commission Expires: �L�23 J iso ss. COUNTY OF ADA, } On this day of , 1996, before me; the undersigned a Notary Public in and for said State, personally appeared James H. Ballantyne, Jr., and Mary Ballantyne, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: STATE OF ) ( ss. COUNTY OF } On this day of , 1996, before me, the undersigned a Notary Public in and for said state, personally appeared Paul H. Troutner and Ione M. Troutner, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. QUITCLAIM DEED - 3 d/realest/trcutner.dee EXHIBIT A rThe land referred to In this Commitment is described as follows: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE; A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35' WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5568; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00` EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52' 13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12' EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 69 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'480 EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHERWITF-I ALL EASE�SITS.APPURTENANT TQ THE PROPERTY. -- - GRANTEE: Troutner Business Park Development Corporation, an Idaho corporation GRANTEES ADDRESS: 10250 whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. DATED This a�iday of , 1997, Arthur L. Troutner, as his separate Estate r J mes H. a lantyne, J Mary folantyne QUITCLAIM DEED - 1 d/reaiest/troutner.dee AD i =. SEC;0RUER J. U1:.IIJ 'tiPR0 �CISE I QUITCLAIM TCLAIM DEED z his 7 FED 7 P11 " 53 Es to I- GRANTOR: 1. Arthur L. Troutner as separate UE*rj 2. James H. Ballantyne, Jr., and Mary Ba� Y�,R Tii!: OF husband and wife 3. Paul H. Troutner and Ione M. Troutner, husband and wife 4. Paul H. Troutner and Ione M. Troutner, as Trustees of the Trust of Paul and Ione Troutner 5. J.B.J. Limited Partnership [which also appears of record as J.S.J. Properties, an Idaho Limited Partnership] 6. David Nordling and Yoshie Nordling, husband and wife GRANTEE: Troutner Business Park Development Corporation, an Idaho corporation GRANTEES ADDRESS: 10250 whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. DATED This a�iday of , 1997, Arthur L. Troutner, as his separate Estate r J mes H. a lantyne, J Mary folantyne QUITCLAIM DEED - 1 d/reaiest/troutner.dee IN WITNESS WHEREPF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My commission Expires: STATE OF IDAHO, ss. COUNTY OF ADA, On this <W'day of199, before me, the undersigned a Notary Public in and for said State, personally appeared James H. Ballantyne, Jr., and Mary Ballantyne, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •;..y Notary Public for Idahb OI . '._•r. Residing in Boise,: Ic}aho F7 My commission Expires:-1'��-` .•q�. , y STATE OF J. ss. COUNTY OF On this day of , 1996, before me, the undersigned a Notary Public n and for said State, personally. appeared Paul H. Troutner and Ione M. Troutner, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged -to me that they executed the same. QUITCLAIM DEED - 3 d/reelest/troutner.dee r The land referred to In this Cormnitment is described as follows: EXHIBIT A A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING'THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1 /16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE SEAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25' WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 6587 & 5588; THENCE SOUTH 00 DEGREE 06'58" WEST ALONG MD EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00' EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 5500" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13' EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE . NORTH 00 DEGREE 13'48' EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER WITH ALL EASE.MTS .APPURTENANT TO THE PROPERPY_ -. _ 97010220_ 91 2 Of 02 2- D[CORD EP, U ':iu ,::,`,!%PR0 O;SE ID QUITCLAIM DEED Q/n� f � / GRANTOR: 1. Arthur L. Troutner as his separate Es IE 7 P;?"'JEST �) 2. James H. Ballantyne, Jr., and Mary Baa, ntyn2 U C f'jcJ' husband and wife n Cor""f- ' T11 OF 3. Paul H. Troutner and Ione M. Troutner, husband and wife 4. Paul H. Troutner and Ione M. Troutner, as Trustees of the Trust of Paul and Ione Troutner 5. J.B.J. Limited Partnership [which also appears of record as J.B.J. Properties, an Idaho Limited Partnership) 6. David Nordling and Yoshie Nordling, husband and wife GRANTEE: Troutner Business Park Development Corporation, an Idaho corporation GRANTEE'S ADDRESS: 10250 Whispering Cliffs Dr., Boise, ID 63704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey; release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. DATED This -1a day of Arthur L. Troutner, as his separate Estate James H. Ballantyne, Jr. Mary Ballantyne QUITCLAIM DEED - 1 d/realest/troutner.dee Paul H. Troutner Ione M. Troutner Paul H. Troutner, Trustee Ione M. Troutner, Trustee J.B.J. Limited Partnership by Edward G. Jenkins by Billye O. Jenkins GENERAL PARTNERS 0a:t'zz , David Nordling b-r-� ' Y hie Nordling STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) On this day of 1996, before me, the undersigned a Notary Public in and for said State, personally appeared Arthur L. Troutner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same.. QUITCLAIM DEED - 2 d/reelest/trautner.dee r� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: STATE OF 1_0414 -ICO ) ( ss. COUNTY OF C2 d az l ) On this *79e4 day of , 199', before me, the undersigned a Notary Publ' in aAd for said state, personally appeared David Nordling and Yoshie Nordling, husband and wife, known or identified to me to be the persons whose names -are. subscribed to the within instrument, and acknowledged to me'that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and aff&aedem)t' official seal the day and year: in this certificate first above •'';�"�., j written. -�• ,! ! /�� �-' � .;� NotaryPublic for Residng in My Commission Expires: QUITCLAIM DEED - 5 d/realest/troutner-dee EXHIBIT A —The land referred to In this Commitment Is described es fOlIOM: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SOUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE. OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 623.48 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 14200 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 69 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 349.76 FEET: THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313:10 FEET; THENCE WESTA DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT -OF -WAY - TOGETHER WITH ALL EA&R">al'I'S APPURTENANT TO THE PROPERTY. •;. 97010221 A ?; ��'• 'NEC0RL'tR DA`. ) R0 8015E QUITCLAIM DEED 99/7 FEB 7 M Syr GRANTOR: 1. Arthur L. Troutner as his separate Estate 456' 2. James H. Ballantyne, Jr.,- and Mary .�a�llantyn;�; husband and wife RECo;;CZ[; „T JI:rr JEST OF 3. Paul H. Troutner and Ione M. Troutner, husband and wife 4. Paul H. Troutner and Ione M. Troutner, as Trustees of the Trust of Paul and Ione Troutner 5. J.B.J. Limited Partnership [which also appears of record as J.B.J. Properties, an Idaho Limited Partnership] 6. David Nordling.and Yoshie Nordling, husband and wife GRANTEE: Troutner Business Park Development Corporation, an Idaho corporation GRANTEE'S ADDRESS: 10250 Whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. DATED This _2LS day of , 199• Arthur L. Troutner, as his separate Estate James H. Ballantyne, Jr. Mary Ballantyne QUITCLAIM DEED - 1 d/reelest/trcutner.dee e Paul H. Troutner Ione M. Troutner Paul H. Troutner, Trustee Ione M. Troutner, Trustee by . B . J . LfLTRited Partnership [e] yep� Jenkins ( GENERAL PARTNERS David Nordling. Yosh a Nordling STATE O F .IDAHO , ( ss. COUNTY OF ADA, ) On this day of , 1996, before me, the undersigned a Notary Public in and for said State, personally appeared Arthur L. Troutner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. QUITCLAIM DEED - 2 d/restest/troutner.dee •-r IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Residing in My commission Expires: STATE OF ) ( ss. COUNTY OF ) On this day of , 19—, before me, the undersigned a Notary Public in and for said State, personally appeared Paul H. Troutner and Ione M. Troutner, known or identified to me to be the persons whose names are subscribed to the within instrument as Trustees and acknowledged to me that they executed the same as such Trustees. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written Ak,r7oi-j r -- STATE OF -ID*HO, ) mp4ztwe( ' ( ss. Notary Public for Residing in My commission Expires: COUNTY OF ABA; ) On this day of , 199fi, before me, the undersigned a Notary Public -En—and for said State, personally appeared Edward G. Jenkins and Billye O. Jenkins, known or identified to me to be the General Partners of J.S.J. Limited Partnership, and who subscribed said limited partnership name to the foregoing instrument, and acknowledged to me that they executed the same in said limited partnership name. QUITCLAIM DEED - 4 d/reaLest/troutner.dee IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (1 r, A— OFFICIAL SEAL LAURA ROCKWELL Notary Ih:tRc - Smb of ArIzaw MAA ICO?A COUNTY 1,(y CommLnlai FSFita Aqui 11,1999 STATE OF ) ( ss. COUNTY OF ) My ssion Expires: On this day of , 1996, before me, the undersigned a Notary Public in and for said State, personally appeared David Nordling and Yoshie Nordling, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same.. - I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first Iabove written. Notary Public for Residing in My Commission Expires: QUITCLAIM DEED - 5 d/realeat/ troutner.dee i EXHIBIT A ---The'land referred to In this Commitment Is described as follows: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MEF IDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUNIENT MARKING THE EAST 1 /16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 558B; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'311` EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13' EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 126.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07' EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05' WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31` EAST A DISTANCE OF 349.76 FEET: THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEFTTHAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER WITH ALL EASEMENTS _APP. URTENMT TO THE PROPERTY. . _.._. . r — P L ,a►,, _ N A -U.1 II _ OF - _ Q C f W C M Cis - C C clj a C U f — P L ,a►,, _ N A -U.1 II _ OF - _ W C M Cis 2 L�T QLl C] J1� V 2 LL._ d w W W 90) - cnetr�,;�JTi1C31NC3�I'RcN_ W t ' 0 ~W D0 11 i I - _. T_ T71MV1NC^CA (b) w CL w QL4-- t'iWeK1NG fi a a f - W � �--- .. IL E> � ZINC - uFP tTTYY .- .. • ._. ._. _ - -..� __,T`'Rt[%I�CteT�f UNC -:.. --. pJooC,&i ¢SII _.. ._ "—..j'MCVrtN,O 7MAtt �IRh.0.TY< .\.:.. TiNa r'lKr- HYt)r� - - SAI Nf-Dew l.LL'!AL t7G�G1'cJ�'fldN Zi?OU'I'Nl�`C.CY1�21I�I��t'/�K _. — P L ,a►,, _ N A -U.1 II _ OF - _ _ r 1 -o s I! o� I » 1 M Sf r K Q K �sozl\ C54�8O � . � 4v ID N _ y 4(1 co,�77� M f r irr S. W.— 3RD A _ .. 0 a c 3 , W I !Q 1 � h i �n r S. W. 5TH AVE. 0000 I N t raa� t0 A f0 p, I Q _ N 1� - �y a `� O q, z mof Ivi / 1.� 0 co ld 158(1HNA3 U 1'n i d� (D _ Ln ►- In N NQ N r i o_ o m cn ti / N w �p >n - / a CO tD = W N N> M d O /. j 'N N Q M � z1d .13N2iv3NLL. S ~ Z I L' t[7 TA- , �.� .-) r �. -3 AV v H1L 1S3MHiAOS _ d In 10 t� oo — N M d In W tI CO _ N M o Q b Y I co If o l M (3131d1f10 NO 3AV xAO�s H cli m IG I r \\ 40D ; MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date:_ May 25, 2000 Owner: James D. and Stacey Heilker Address: 443 West Pennwood Street Proposed Use: 10,020 S.F. High-tech Manufacturing Facility Zoning: C -G Comments: Development is subject to Findings of Fact/Conclusions of Law as approved b�City Council for conditional use permit on 5/16/00 All signage is subject to design review and requires separate permits No portable/temporary signage permitted All required trees are to be minimum 3" caliper (6'-8' for conifers) at planting Twenty-four (24) trees are shown on approved landscape plan. Landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. All construction is to comply with the Americans with Disabilities Act Provide handicap stalls and associated signage per ADA All parking areas are to be paved (adjacent lots are not to be used). Lighting shall not cause glare or impact traveling_ public as determined by City. City's failure to specifically identify requirements in the Certificate of Zoning Compliance does not relieve owner of responsibility for compliance Shari Stiles Planning & Zoning Administrator *Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, Sanitary Service Company, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, etc. This certificate shall expire one (1) year from the date of issuance if work has not begun. Sent 8y: City of Meridian; 2088886854; May -10-00 9:50AM; Page 1/1 CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECIaAST City of Meridian AEROTECH, INC. (Rev. 2/21/00) Project: New Lease Facility Review Date: Contact: George R. Blecha. AIA Zone : c - ca _ Ref. CUP -00-018 Reaeirsd Aoalicadioe Items: 0 3 copies ogled site plan (sot kss tbas 1"--501) and landscape plan 0 Cokulatioss table, including asphak area, parking (standard and basdkap� lasdscaplog, and building &f (broken down by on; La, oMect, retall, warebasse 0.) 0 Copy of ACRD approv I Wier or ACHD�hsapad copy of SW Pias (if appiieabla�) Site Review/Conforming Mements Comments Complete ' Project must comply with all approved permits, plats or Development. Agreements associated with the lot or cel. 1. Zoning District (permitted we, CUP, AW C -G (CUP) 2. Floodplain District 3. Landseap!gg a) 0 of Trees (1, 3" cal. per 1,500 st of 1»it 19,927.86 i- 1,500 = 13.29 T s provided N Plant Species Listed See-LandscapePlan Sheet L-1-0 _ c Required S Screens East 4.OtwStreet Parkin a) 0 of Stalls (di wmions, etc) (18) Stalls @ 9'-0" x 20'-0" b) Handicap Stalls (van accessible, aisles, signage) (1) Van Accessible Space Required See Site Plan Sheet A-0.1 c Aisles Qtad location See Site -Plan Sheet S. Trasb Arras See SiA-11 a Location side of Building b 3 -Side Scree ..South Sides CMU. (1) Side Chainlink Gate 6. Underground Irrigation Site pressurized system 7. Sidewalks/Paths See Site Plan Sheet A-0.1 $• Str+eeb (R/W dedications, e-tt-•) See Site Plan Sheet A-0.1 9. Lot Requirements a) Lot Area (rwte nestridkru on use of wdneiq.wdpoq1bo !or) 43,954 Sq. Ft. .O1 Acres b) Street Frontage 157.29' Pendwood St., 139.00' 5th St C) Setbacks Front 15' Side 00' Re ' d) Coverage 10,019.70 Sq. Ft. '.4 CIO wpmval letter re idnd for cvb cw mad %%Wninrg. any new wojects a Ptressuriwd irrigatFon can be waived by Ciry Cowacil only !f no ester rights exist to subject property nr developer deeds lord ro City far a %W1. Ciry may,permir one hook- ssp to morlcTai water for frr pVton per site on a caw-hy-caw bans; treer nit not ke planted 1n City sweet or w*er easemonrs. Applicou mutt sabnur a copy ofrftw*d %%vra ty deed or plo ar evtdewe of the mad &&-orlon prior to CX usra we C:IP&2A dwin\FormslCZC Cbeddist George R. Blecha, AIA ARCHITECTURE AND PLANNING 507 HILLVIEW DRIVE BOISE, IDAHO 83712 PH: (208)344-2796 FAX: (208)344-4686 VU Meridian Planning and Zoning Shari Stiles, Director 200 Carlton Street Meridian, Idaho VWOli O Georize R. Blecha tVWL W, LUUU GWe LL LJ WL- , LrWUL451iftt�LNL Date: May 22. 2000 Proj. No.: 9913 REF.: AEROTECH INC. New Lease Facility Meridian, Idaho VIA: FAXED Ll MAILED ❑ DELIVERED x❑ PICKED -UP ❑ Lj (1) f Acc mance from AHD -Received• May 20, 2000 1 Schedule of ACHD Impact Fee. (1) Certifirate of Zoning ComRliance and Plan Review Checklist (1) Site Criteria Summary (3) Each - 24." x 36" Blueline Site Plan Sheet A-0.1 (3) Each - 24" x 36" Blueline Landscape Plan Sheet L-1.0 VW'WW0L►iJVVVL'U UO MUU3ML, UMULJb Q FOR YOUR USE ❑ FOR APPROVAL ❑ DISTRIBUTION © INFORMATION ❑ REVIEW & COMMENT Lj APPROVED AS NOTED © AS REQUESTED Lj UWWO VL1 Steve Hill, ESI Jose h D. Heilker, AE EC, INC. SIGNED: QUANTITY OF PAGES INCLUDED THIS COVER 5 PLEASE REPORT INCOMPLETE TRANSMISSION TO (208)344-2796 George R. Blecha, AIA ARCHITECTURE AND PLANNING 507 HILLVIEW DRIVE BOISE, IDAHO 83712 PH: (208)3442796 FAX: (208)344-4686 VU ib Shari Stiles, Director Meridian City Planning and Zoning Department 200 Carlton Street Meridian, Idaho (fw(;ub George R. Blecha Date: May 24, 2000 Proj. No.: 9913 REF.: AEROTECH, INC. New Lease Facility Meridian, Idaho CUP -00-018 VIA: FAXED ❑ MAILED ❑ DELIVERED ❑ PICKED -UP ❑ IVWU VULLUtJi We (1) Approval Letter from: Meridian Sanitation Service Co (2) Blueline Site Plan, Sheet A-0.1, indicating correction to refuse enclosure. (2) Blueline Floor Plans, Sheet A-1.0, Indicating correction to refuse enclosure. (1) Copy of correspondence with Steve Sedlacek with Meridian Sanitation Service Company The above information is being submitted to you for approval and issuance of a Certificate of Zoning Compliance as indicated in our conversation on 05-23-00 VWWLJOLIiJMUL (ilk ftUUWVVW UULU t 0 FOR YOUR USE 0 INFORMATION 0 AS REQUESTED L�UIJtuo ❑ FOR APPROVAL ❑ DISTRIBUTION ❑ REVIEW $ COMMENT ❑ APPROVED AS NOTED 0 D. Heilker, AEROTECH, INC. S1 QUANTITY OF PAGES INCLUDED THIS COVER _ PLEASE REPORT INCOMPLETE TRANSMISSION TO (208)344-2796 George R. Biecha, AIA ARCHITECTURE AND PLANNING 507 HILLVIEW DRIVE BOISE, IDAHO 83712 PH: (208)344-2796 FAX: (208)344-4686 VU Steve Sedlacek Meridian Sanitation Service Co. Meridian, Idaho (208) 888-5052 Fax VW1" Georgie R. Blecha AWL ii ULWIWW LUL& Steve: LUVWU UV ti'UaIDA UV.IVUL Proj. No.: 9913 REF.: AEROTECH, INC. New Lease Facility Meridian, Idaho CUP -00-018 VIA: FAXED MAI LED ❑ DELIVERED ❑ PICKED -UP ❑ Ll Please find attached a partial document of the subject project that is cross referenced from the Site Plan - Sheet No. A-0.1 that you received from Shari Stiles, Planning and Zoning Director for the City of Meridian. Apparantly scaling the postage stamp size refuse enclosure on the Site Plan A-0.1 has drawn some question regarding adequate facilitation for your standard containers. Please review the detailed drawing from the Architectural Floor Plan A-1.0 for dimension. If this does not meet with your approval, then please state your recommendation and I'll change the criteria. M UMMIL, WO IWVW WU'I� 1 1; Thanks, U FOR YOUR USE 0 INFORMATION 0 AS REQUESTED UUM0 ❑ FOR APPROVAL ❑ DISTRIBUTION ❑ REVIEW & COMMENT ❑ APPROVED AS NOTED 01 D. Heilker, AEROTECH, INC. SI QUANTITY OF PAGES INCLUDED THIS COVER 2 PLEASE REPORT INCOMPLETE TRANSMISSION TO (208)344.2796 �-o a---- -- - - - ----- -� George R. Blecha, AIA ARCHITECTURE AND PLANNING 507 HILLVIEW DRIVE BOISE, IDAHO 83712 PH: (208)344-2796 FAX: (208)344-4686 vbb Steve Sedlacek Meridian Sanitation Service Co. Meridian, Idaho Fax: (208) 888-5052 V[&We George R. Blecha LIIVVL' LV tirli ILIAL LVVaL Date: May 24, 2000 Proj. No.: 9913 REF.: AEROTECH, INC. New Lease Facility Meridian, Idaho CUP 00-018 VIA: FAXED MAILED ❑ DELIVERED ❑ PICKED -UP ❑ Ll VWL Ml L' LUl ULde Steve: Please find attached corrections to the construction documents regarding the size upgrade to the site refuse enclosure per our telephone conversation this morning, Wednesday, May 24,2000. Upon the conclusion of your review and approval, please fax me your letter stating your acceptance at Your earliest possible convenience. Thank you for your valued input with regards to the subject project. tlu"MVIVIM"Ll I WO UMMUM, OLWI w1l; Q FOR YOUR USE ® INFORMATION x❑ AS REQUESTED ❑ FOR APPROVAL ❑ DISTRIBUTION ❑ REVIEW & COMMENT ❑ APPROVED AS NOTED 'VW0 IVLJE Joseph D. Heilker, AEROTECH, INC. Davis, ESI QUANTITY OF PAGES INCLUDED THIS COVER 4 PLEASE REPORT INCOMPLETE TRANSMISSION TO (208)344-2796 aw.w w r -o err w ftWBId PUB VIV 'EU�19 '}� 96JO GO Z �o•no i (So i +zauraoawrriM _ rrw snrnrr AJJ7M.4 YrrleorA 38V9 -i M3A1 b�lU3N A30Y18 QW -0 Ndnor _s S oil Ail '74 KK Ask � 1 • � � f .a►I6+�► p� ,ae1 jI i Oy _ dor.- 4: 9 oil Ail '74 �3 __fir___ _ _ __ _ _ ___ _ z 05/4/2000 16:17 7088885052 SANITAR`( SERVICE PAGE 01 s,; a E"y"'z>ar z{ Sanitary Seruices Co. May 24, 2000 Mr. George Blecha, AIA Architecture and Planning 507 Hillview Dr. Boise, ID. 83712 Subject: Solid Waste Collection Review of Aerotech Facility With regard to the above -referenced property, Sanitary Services approves of the modified container enclosure design that indicates that it will be constructed 10 feet wide by 8 feet deep. When completing a site plan for the adjacent property to the South please be sure to accommodate an adequate turning radius in front of this container enclosure for optimal service in the future. Larger sized dumpsters than a 3 cubic yard container will not have wheels and therefore we will need to drive directly onto the container. If there is an obstruction along the southerly property line we will not be able to service any larger container than a 3 cubic yard_ Sincerely, Sanitary Services em C Steven G_ Sedlacek, P.E. Business Manager h P.O. Box 826, Meridian, ID 83680 Phone 208/88$-3999 Fax 2081888-5052 i� Printed on Recycled Paper II Acla CounitiAakilati bijtrict II Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus(@achd.ada.id.us May 19, 2000 George Blecha 507 flillview Drive Boise, Idaho 83712 RE: MCUP-00-00018//443 Pennwood /Heilker Building PLANS ACCEPTANCE The District has reviewed the plans i'or tete above referenced project, and they are accepted for public street construction. By stamping and signing the improvement plans, the Registered Engineer ensures the District that the plans conform to all District policies and standards. Variances or waivers must be specifically and previously approved by the District in writing. Acceptance of the improvement plans by the District does not relieve the Registered Engineer of these responsibilities. The District will assess the following impact fee for this project. The impact fee must be paid prior to issuance of a building permit. Total Impact Fee due: $14,299.00 Standard Requirements: I . Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 2. All irrigation facilities must be located outside the public right-of-way unless otherwise approved by the District. 3. Replace damaged curb, gutter, and sidewalk with new curb, gutter, and sidewalk to match existing improvements. 4. All facilities to be constructed with a proposed development, and to be owned and maintained by the District, must be constructed according to the latest edition of I.S.P.W.C. and the District's Supplemental Standard Specifications. 5. Any work in the public right-of-way requires a permit from ACFID Construction Services. 6. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. If you have any questions or concerns, please feel tree to contact me at 387-6176. Sincerely ,teff Lowe Planning and Development EEIVED M 0 2Cir;. Ada Counly J2Vilrid Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: telluseachd.ada.id.us May 19, 2000 MCUP-00-0018 443 Pennwood Heilker Building IMPACT FEE CALCULATION Building Type Cost per Unit (per 1,000 SF) Area (SF) Total Cost Light industrial $1,427.00 10,020 $14,299.00 Total Impact Fee Due $14,299.00 SITE INSPECTION CHECKLIST City of Meridian Planning & Zoning Project: Inspectio Date: _J/f�/b� Contact: Inspected by: Stue, Site Review Comments -6. —K. Elements 1. Landscaping a) # of Trees (1, 3" cal. per 2+ 4W4 �o.,4dej / 1,500 s.f. ofasphalt) _ tanTree Locations (per site c) Shrubs & Planters (# and location d) Plant Species (as submitted e) Sod & Gravel Areas ✓� (dimensions and siting) f} Berms (dimensions and siting) g) Planting Beds & Islands dimensions, bark, topsoil)' h Sight Triangle max. 3' i) Open spaces (if applic.) 2. Signage (as submitted) 3. Parking. a) Standard Stalls (9 x 19)- 2 b Drive aisles 25', t . c) Handicap Stalls (van j accessible, access aisles, HC V/ si d) Curbing & Striping 4. Trash Areas a Location/Accessibilit k/ b Screenin 5. Underground Irrigation a) Head locations ------------- b) All landscaped areas served 6. walkways/Paths Inspection Si n- �mporary Final G 4-1) U-1 ] m Tete (no sign-ofJi — nco p yell .w� �'T`''"` C: \p&7 admin\SitelnspectionChecUist Bondin . �o ` Yes CUP 00-018 May 11, 2000 MERIDIAN CITY COUNCIL MEETING May 16, 2000 APPLICANT Joseph Heilker ITEM NO. L. REQUEST Conditional Use Permit for proposed 10,000 s.f. lease building in a C -G zone on vacant Lot 5, Block 2 of Troutner Business Park AGENCY F F iC..L " ord-er- COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached plats See attached Findings Materials presented at public meetings shall become property of the City of Meridian. Teck E/dpi BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A HIGH- TECH MANUFACTURING FACILITY IN THE TROUTNER BUSINESS PARK WHICH IS IN A C -G ZONE JOSEPH D. AND STACEY HEILI(ER, APPLICANT. Case No. CUP -00-018 RECEIVED MAY 1 8 20UU CITY OFNLIERWIAN PLANNING & ZONING FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 2, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was George Blecha, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 1 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 2, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 2, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an (C -G), General Retail and Service Commercial District, by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILI<ER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 2 4. The property is located at the southeast corner of W. Pennwood Avenue and S. West 5`" Avenue in the Troutner Business Park, Meridian, Idaho. Idaho. 5. The owner of record of the subject property is James H. Ballantyne of Boise, 6. Applicant is Joseph D. Heilker and Stacey Heilker of Meridian. 7. The subject property is currently zoned C -G. The zoning district of C -G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a high-tech manufacturing facility. The C -G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 3 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 12.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. 12.2 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 12.3 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 12.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 12.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.6 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re - Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 4 --1 the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 12.7 As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 12.8 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and shall provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 12.9 Submit a letter of plan approval from Ada County Highway District when applying for a Certificate of Zoning Compliance. 12.10 All required deciduous trees are to be a minimum of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8" at planting. 12.11 Applicant shall be required to landscape southern boundary if the adjacent property is not purchased by the Applicant. Adopt the Recommendations of the Ada County Highway District as follows: 12.12 Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 12.13 Provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 12.14 If the site is developed prior to the District improving Franlclin Road, Applicant shall construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 5 12.15 Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 12.16 If the site is developed prior to the District improving Meridian Road, Applicant shall construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 12.17 Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 12.18 Barrett Street and Pennwood Street shall be constructed with an ACED acceptable turnaround improved with pavement, standard vertical curb and gutter. Depending on the design of the turnaround, "no parking" signs shall be required as determined by Traffic Services staff. 12.19 SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 12.20 SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 12.21 SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 12.22 Access to SW 5th Street shall be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. 12.23 Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 12.24 Applicant shall have a notation on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited." 12.25 Align SW 5th Street with the main entrance to Hoff's (approximately 160 - feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoff's driveway shall be located a maximum of 5 -feet apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 6 ,.ft�l ."�, 12.26 Provide a cross access easement to the abutting parcel at the southwest corner of Franklin Road and SW 5th Street. 12.27 Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway shall be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District shall delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 12.28 Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, Applicant shall deposit $75,000 to the Public Rights -of -Way Road Trust Fund for the cost of a traffic signal prior to final plat approval of the last phase. 12.29 Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 12.30 Requires all laterals and wasteways be protected. 12.31 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa &- Meridian Irrigation District shall review drainage plans. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Commercial". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 7 and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlanningAct of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 8 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3 ) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND. CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 9 f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a General Retail and Service Commercial District (C -G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 10 approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 11 high-tech manufacturing facility, subject to the following conditions of use and development: 1.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. 1.2 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 1.3 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.6 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re - Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 1.7 As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 1.8 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILIaR FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 12 provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 1.9 Submit a letter of plan approval from Ada County Highway District when applying for a Certificate of Zoning Compliance. 1.10 All required deciduous trees are to be a minimum of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8" at planting. 1.11 Applicant shall be required to landscape southern boundary if the adjacent property is not purchased by the Applicant. 1.12 Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 1.13 Provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 1.14 If the site is developed prior to the District improving Franklin Road, Applicant shall construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. 1.15 Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 1.16 If the site is developed prior to the District improving Meridian Road, Applicant shall construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 1.17 Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 1.18 Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILI<ER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 13 gutter. Depending on the design of the turnaround, "no parking" signs shall be required as determined by Traffic Services staff. 1.19 SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 1.20 SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 1.21 SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 1.22 Access to SW 5th Street shall be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. 1.23 Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 1.24 Applicant shall have a notation on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited." 1.25 Align SW 5th Street with the main entrance to Hoff's (approximately 160 - feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoffs driveway shall be located a maximum of 5 -feet apart. 1.26 Provide a cross access easement to the abutting parcel at the southwest corner of Franklin Road and SW 5th Street. 1.27 Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway shall be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District shall delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 1.28 Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, Applicant shall deposit $75,000 to the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 14 Rights -of -Way Road Trust Fund for the cost of a traffic signal prior to final plat approval of the last phase. 1.29 Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 1.30 Requires all laterals and wasteways be protected. 1.31 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa &_ Meridian Irrigation District shall review drainage plans. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILI(ER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 15 decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. B action of the Cit Council at its regular meeting held on the / day �,,Y Y of / �4-1 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILPERSON KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED —0�- COUNCILMAN CHERIE McCANDLESS VOTED —i& -- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Of By: ity Clerk msg/Z:\Work\M\Meridian 15360M\Troutner Busi!3css_jea PFindings� n ti `a yam(' �,ri11j111g++++tf4LLL4t\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILI(ER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 16 BEFORE THE MERIDIAN CITY COUNCIL 05-09-00 IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP -00-018 JOSEPH D. AND STACEY HEILKER, FOR A ) CONDITIONAL USE PERMIT FOR A HIGH- ) ORDER OF TECH MANUFACTURING FACILITY IN THE ) CONDITIONAL TROUTNER BUSINESS PARK WHICH IS IN ) APPROVAL OF AN G -G ZONE, LOCATED AT THE SOUTH- ) CONDITIONAL USE EAST CORNER OF W. PENNWOOD AVENUE) PERMIT AND S. WEST 5TH AVENUE, MERIDIAN, ) IDAHO ) This matter coming before the City Council on the 2nd day of May, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for a high-tech manufacturing facility, as described in the SITE PLAN, Dated: 02/17/00, DRAWN BY: GRB, CHECKED: GRB, JOB NO. 98/3, SHEET NUMBER A-0.1, GEORGE R. BLECHA, AIA, ARCHITECTURE AND PLANNING, and JOSEPH D. AND STACEY HEILI<ER, Developers, and, for the development of the aforementioned high-tech manufacturing facility and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 A parcel of land lying within the northeast 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the northeast corner of said Section 13; thence West along the north line of said section and the centerline of Franklin Road, a distance of 1328.20 feet to a brass cap monument marking the East 1/16th corner of said Section 13; thence continuing West along said section line, a distance of 362.70 feet to the real point of beginning; thence South 00 degree 08'25" West a distance of 613.70 feet; thence North 72 degrees 09'35" West a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at Pages 5587 SL 5588; thence South 00 degree 08'58" West along said East boundary a distance of 1363.46 feet; thence South 85 degrees 41' 00" East a distance of 147.41 feet to an iron pin; thence North 79 degrees 55'00" East a distance of 523.48 feet; thence North 00 degree 13'31" East a distance of 142.00 feet; thence North 89 degrees 52' 13" East a distance of 790.35 feet to an iron pin; thence North 00 degree 23' 12" East a distance of 329.06 feet to an iron pin; thence North 89 degrees 56'06" West a distance of 128.95 feet to an iron pin; thence North 00 degree 18'07" East a distance of 663.29 feet; thence North 89 degrees 58'05" West a distance of 663.21 feet; thence ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 North 00 degree 13'31" East a distance of 349.76 feet; thence West a distance of 123.99 feet; thence North 00 degree 13' 48" East a distance of 313.10 feet; thence West a distance of 238.73 feet to the real point of beginning. Except that portion lying within Franklin Road right-of-way. Together with A perpetual non-exclusive easement for ingress and egress being 50 feet in width and lying North of the following described property; A portion of the Northeast quarter of the Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the East quarter corner of said Section 13; thence North 0 degree 22'35" East 1107.00 feet along the easterly boundary of said Section 13; to the real point of beginning; thence 89 degrees 55'45" West 533.12 feet. 2. That the above named applicant is granted a conditional use permit for the high-tech manufacturing facility, located at the southeast corner of W. Pennwood Avenue and S. West 5`h Avenue in the Troutner Business Park, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. 2.2 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 2.3 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.6 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2.7 As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 2.8 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and shall provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 2.9 Submit a letter of plan approval from Ada County Highway District when applying for a Certificate of Zoning Compliance. 2.10 All required deciduous trees are to be a minimum of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8" at planting. 2.11 Applicant shall be required to landscape southern boundary if the adjacent property is not purchased by the Applicant. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 2.12 Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 2.13 Provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 2.14 If the site is developed prior to the District improving Franklin Road, Applicant shall construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. 2.15 Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 2.16 If the site is developed prior to the District improving Meridian Road, Applicant shall construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 2.17 Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 2.18 Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and gutter. Depending on the design of the turnaround, "no parking" signs shall be required as determined by Traffic Services staff. 2.19 SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 2.20 SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 2.31 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa &- Meridian Irrigation District shall review drainage plans. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the b� day of 2000. - r Rob D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY: Dated: tity Cleric S -l'-6 oa msg/Z:\Work\M\Meridian 15360M\Troutner Business Park\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 of //!0'' t���'� o:l SEAL - Li City of Meridian Conditional Use Permit Application Checklist Applicant: Project: -Q� -rPx ,, Date: Item No. Description Comments I • A licant contact information 2. Pro ertowner contact information 3. Le aI description 4.a. Warrant deed vl� 4.b. Notarized consent of property owner ✓ 5. Description of existing use uildin use / 6. Present use of property (other land use) 7. Pro osed use of ro ert 8. Zone of ro ert 9. Vicinity ma - 30 copies 10. Site plan scale of not less than 1 "=50' - 35 copies 10.a. Building locations `r 10.b. Parking and loading areas 10.c. Traffic access drives 10.d. Traffic circulation patterns 10.e. O en/common spaces ✓ 10.f. Landsca e 10.. Refuse & service areas 10.h. Utilities plan, including: � - Sewer - Water - Irrigation - Storm drain a e 10.i. Si na e 10.'. 8W, x 11" coX of site plan 10.k. Building elevations(front, rear and sides ' 10.1. Construction materials (may be included on elevations drawin IL surrounding property mailing addresses ✓ 12. Characteristics of property that make conditional use desirable 13. A lication and mailing fee IV 14. Additional services statement 15. Application verification statement 16. 1 Posting of property.affidavit Lai�-- 00'e<- �\tA-Dt;`t ^\ WC C:\P&Zadmin\CUPChecklist2