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ApplicationE IDIANk--,- IHO TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: November 27, 2012 Transmittal Date: November 5, 2012 File No.: MDA 12-008 Hearing Date: December 4, 2012 Request: Public Hearing - Modify the concept plan and certain provisions contained in the recorded Development Agreement (Instru. #107044347) approved for Bienville Square Subdivision East By: Alliance Management Consultants Location of Property or Project: west of N. Eagle Road and south of E. Ustick Rd Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (No VAR, vac, FP) Building Department/ Rick Jackson Fire Department Police Department City Attorney City Public Works / Scott Steckline City Planner City Engineer Economic Dev. (CUP only) Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise -Kung Irrigation District Boise Project Board of Control / Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org O�WE TDIAN Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance', Phone: 629-7333 Fax: 678-7090 ❑ Annexation and Zoning Zip: 83706 E-mail: cory@amcworks.00m ❑ Comprehensive Plan Map Amendment ❑ Other ❑ Comprehensive Plan Text Amendment Phone: Fax: ❑ Conditional Use Permit Zip: 73714 E-mail: STAFF USE ONLY: ❑ Conditional Use Permit Modification Firmname: ULC Management, LLC I . Filenumber(s): vc ter_ ❑ Design Review Zip: 83714 E-mail: bunger@u1cmanagementcom Primary contact is:. ❑ Applicant ❑ Owner 8 Agent ❑ Other N Development Agreement Modification Contact name: Bob Unger OA -(2 - 0 ❑ Final Plat Zip: E-mail: Project name: I Cr l V / l (e 5yu4l2, 2� ❑ Final Plat Modification ❑ Planned Unit Development Date filed: 0 -/?,Date complete: N Preliminary Plat �f' 1l Private Street Assigned Planner: r ollYrBn� ❑ Rezone Related files: �2 ' � S- D57 l� Z" D $--o<4, ❑ Short plat OS1 ! PS-oS-cao2 ; Cty�-O S -a ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment Hearing date: ��' 1 ' 1 -Commission ❑ ❑ Vacation (Council) ❑ Variance Council ❑ Other Applicant Information Applicant name: Alliance Management Consultants Phone: 629-7333 Fax: 678-7090 Applicant address: 290 Bobwhite Ct. #220, Boise, ID Zip: 83706 E-mail: cory@amcworks.00m Applicant's interest in property: ❑ Own ❑ Rent B Optioned ❑ Other Owner name: Idaho Mutual Trust Phone: Fax: Owner address: 12594 W Explorer Dr, #100, Boise, ID Zip: 73714 E-mail: Agent name (e.g., architect, engineer, developer, representative): Bob Unger Firmname: ULC Management, LLC Phone: 861-5220 Fax: 577-6493 Address: 6104 N Gary Ln., Boise, ID Zip: 83714 E-mail: bunger@u1cmanagementcom Primary contact is:. ❑ Applicant ❑ Owner 8 Agent ❑ Other Contact name: Bob Unger Phone: Fax: Contact address: Zip: E-mail: Subject Property Information Location/street address: Lot 23, Bienville Subdivision, N LeBlanc St., & W Picard St., Meridian, Idaho Assessor's parcel number( -,,P 80945580230 Township, range, section: T3N, R1 E, SECT. 5 Current land use: Vacant Total acreage: 7.89 Current zoning district: R-15 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11129111) £ _. 2.i rP -07--0/ 2 Project Description Project/subdivision name: Bienville Square #2 General description of proposed project/request: A subdivision of lot 23 into 28 single family lots, 3 common lots, 1 private streets lot, and 1 lot for future development. Proposed zoning district(s): R-15 Acres of each zone proposed: 7.89 Type of use proposed (check all that apply): 0 Residential O Commercial 0 Office 0 Industrial 0 Other Amenities provided with this development (if applicable): Common rec. area & pet area Who will own & maintain the pressurized irrigation system in this development? Bienville Square HOA Which irrigation district does this property he within? Nampa -Meridian & Alleman Wter User's Assoc. Primary irrigation source: Pump station in Bienville Sq...1 Secondary: None anticipated Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 22,651 s.f. Residential Project Summary (if applicable) Number of residential units. 28 Number of building lots: 28 Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (Du/acro total land): 3.55 Net density (Macre-,$eluding roads & alleys): 12.67 Percentage of open space provided: 15% Acreage of open space: -52 Percentage of useable open space: 15% (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): -52 Type of dwelling(s) proposed: 0 Single-family N Townhomes 0 Duplexes 0 Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Total number of employees: Building: Paving: Maximum number of employees at any one time: Number and ages of students/ehildren (if applicable):. Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Applicant signature: Date: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 o Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev 11/29/11) M A N A G E M E N T TO: Meridian City Council Meridian City Planning & Zoning Commission 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 DATE: October 1, 2012 RE: Bienville Square Subdivision No. 2 Dear Council & Commission: On behalf of Alliance Management Consultants, we are submitting this Subdivision Application for Bienville Square Subdivision No. 2. The site is 7.89 acres in size, zoned R-15, and is located in the southwest corner of Eagle Road and Ustick Road, Meridian, Idaho. This project was originally approved as Lot 23, Block 1 of Bienville Square Subdivision. We are proposing to subdivide Lot 23 into 34 lots (28 single family, 3 common lots, l future development lot, 1 common alley lot, and 1 private street lot). All 28 single family residential lots have frontage on N. LeBlanc Street and rear loaded garages accessed by a common alley. The property is currently zoned R- 15. The gross density for the project is 3.55 dwelling units per acre with a net density of 12.67 dwelling units per acre. All lots are in excess of the required minimums for R-15 zoning with the average square footage per residential lot being in excess of 3,000 square feet in size. Uses and zoning surrounding the site are vacant land (C -G) to the north, developed retail (Bienville Square Subdivision) (C -G) to the east, single family residential (Carol's Subdivision) (R-2) to the south, and single family residential (Bienville Square Subdivision) (R-8) to the west. All utilities are available and stubbed to the proposed lots from N. LeBlanc Street. All public streets are existing and under the jurisdiction of ACRD. We are proposing to construct approximately 230' of private street (W Bourbon Lane) along the southern border of the project to access the proposed common alley accessing the proposed rear load garages. This private street and all private streets were approved under the original application PS -05-002 and are proposed in accordance with that approval. The private street and alley will be constructed in accordance with the requirements of the Meridian Fire Department for access. The property currently has pressurized irrigation via a pump station installed as a part of the Bienville Square Subdivision with water from the Nampa Meridian Irrigations District and the Alleman Water Users Association. Drainage for the project has been calculated in the Bienville Square Subdivision original calculations as prepared by Stanley Consultants and approved by the City and ACRD. Drainage for the common alley will be retained on site with the use of drainage swales and/or drainage trenches. Design and locations will be submitted to the City Engineer for final approval prior to construction. This 28 single family unit project is a continuation of the original Master Plan for Bienville Square Subdivision. These 28 units were included in the traffic impact study prepared by ACRD, the drainage plan, and the construction drawings (including all utilities) for Bienville Square Subdivision. ULC MANEGEMENT - 6104 N. GARY LANE • BOISE, IDAHO 83714 (208) 861-5220 - BDNGER M.CMANHGEMENT.COM Development Agreement Amendment: We are proposing to amend Section 4 of the Development Agreement between The City of Meridian and Mason Creek, LLC, associated with AZ 05-057 & RZ 05-019, approved by the City Council 3/27/07 recorded 3/29/07 (Instrument # 107044347) as follows: 4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian United Development Code 11-2A and 11-2B-2 which are herein specified as follows: Construction and development of up to , 22 A 2 Single Family Residential lots, 1 Multi Family Residential lot, 14 common lots and up to 7 commercial/office lots (to include up to 65, 000 square feet of retail/restaurant and office uses in the proposed C -G zone) pertinent to AZ -05-057, PP - 05 -059, RZ-05-019, PS -05-002 and CUP -05-052 applications. Our client (Alliance Management Consultants) was the original developer (Mason Creek, LLC) and signature on the Development Agreement (Cory Swain). The original DA specified 22 Multi -Family Residential lots of which we are proposing to divide into 28 single family residential lots and 1 multi -family residential lot (for future development). The proposed 28 lots will provide a buffer between the larger single family residential lots to the west and the multi -family lot to the east. The architectural design on these proposed lots will be compatible with the residences to the west. We look forward to working with you and your staff on this project and request your approval. if you have any questions or concerns please contact me at (208) 861-5220 or email at bunger@ulcmanagement.com. Sincerely, Robert C. Unger c' Manager M A N A G E M E N T TO: Meridian City Council Meridian City Planning & Zoning Commission 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 DATE: October 1, 2012 RE: Open Space Requirements for Bienville Square Subdivision No. 1 I have reviewed the open space requirement for Bienville Square Subdivision No 1 and have found the following: Residential acreage (single family and multifamily — 20.14 acres Minimum required open space of 10% - 2.014 acres Open space provided and in place — 2.14 acres The current open space provided in Bienville Square Subdivision No. 1 exceeds the 10% open space requirement. Sincerely, l Obert C. Unger Manager ULC MANAGEMENT - 6104 N. GARY LANE • BoisE, IDAHO 83714 (208) 861-5220.8'gNGER VWMANAGEMENT.COM Bob Unger From: Jerry Hastings ghastingsc@adaweb.net] Sent: Friday, September 14, 2012 2:25 PM To: Bob Unger Cc: Michael Marks Subject: RE: Subdivision reservation request. September 14, 2012 Bob Unger ULC Management RE: Subdivision Name Reservation: "Bienville Square Subdivision No. 2" Dear Bob, At your request, I will reserve the name 'Bienville Square Subdivision No. 2" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. To use the same subdivision name, it must have the same owner as the original subdivision plat or get a signed and recorded permission to use the name from the original subdivision owner. This reservation is available for the next ten (10) years unless the project is terminated by the client or the jurisdiction or the conditions of approval have not been met. In which case the name can be re -used by someone else. Sincerely, Jerry Hastings, P.L.S. County Surveyor Ada County, Idaho 208-287-7912 208-287-7909 Fax ihastings(cDadaweb.net From: Bob Unger[mailto:bunger(a)ulcmanaoement.coml Sent: Tuesday, September 11, 20121:29 PM To: Jerry Hastings Subject: Subdivision reservation request. Jerry, I am requesting the name Bienville Square #2 Subdivision be reserved for the following project: Legal: Lot 23, Blk 1, Bienville Square Subdivision - Parcel# R0945580230 - NE 1/4, Section 5, 3N, 1E, BM Developer: Cory Swain, Alliance Management Consultants Planner: Bob Unger Surveyor: Mike Marks Thanks, Bob 208-861-5220 www.theactorsmap.com 0 VICINITY MAP i M_J__E[7 M A N A G E M E N T July 30, 2009 FROM: Bob Unger ULC Management, LLC TO: Interested Neighbors RE: Bienville Square Subdivision 2 I am writing to invite you to attend a meeting of interested neighbors to provide your input on our project plan. We are proposing 26 single family lots (a mix of townhouse and detached units) on approx. 10 acres. This subdivision was previously approved by the City of Meridian as Phase II of Bienville Square Subdivision with 4 -unit condominiums. The meeting will be held at 6:30 p.m., Wednesday, September 5, 2012, at the site on Newcastle Street and Picard Lane in Bienville Square Subdivision. I have attached a vicinity map and a copy of the Master Plan for your review. If you have any questions or need information prior to the meeting, please contact me at (208) 861-5220. Sincerel-y., ObertC. Unger Manager ULC MANAGEMENT - 6104 N. GARY LANE -BOISE, IDAHO 83714 (208) 861-5220 • BUNGER@ULCMANAGEMENT.COM OwnerName MailingStreetAddress IDAHO MUTUAL TRUST 12594 W EXPLORER DR STE 100 HALLE PROPERTIES LLC 20225 N SCOTTSDALE RD WALKER FAMILY TRUST 9101 S BLACK CAT RD PRATCHETT TERRY A & PRATCHETT LINDA L 2949 N LEBLANC WAY KOTTER PAUL J & KOTTER CATHY S 2933 N LEBLANC WAY TODD CAMPBELL CONSTRUCTION PO BOX 140298 WEBB MARVIN & WEBB REBECCA 2980 N CENTREPOINT WAY CHEN WEI QUN & CHEN CHUN TAO 2898 N CENTREPOINT WAY COONCE BRENDA S 2922 N CENTREPOINT WAY GLODOWSKI FRANK C & GLODOWSKI MARIA D 2940 N CENTREPOINT WAY TRUAX KACEY L 2958 N CENTREPOINT WAY MCBRAYER PATRICK M & MCBRAYER BONNIE J 2976 N CENTREPOINT WAY REDDICK CHAD G 2994 N CENTREPOINT WAY WELLS BECKY 3008 N CENTREPOINT WAY BERNARD ASHLEY L & BERNARD EVALYNN F 3022 N CENTREPOINT WAY ULSHAFER ROBERT L & ULSHAFER JEANNE A 3104 E LESLIE DR FEDERAL NATIONAL MORTGAGE ASSOCIATION PO BOX 650043 HATMAKER JAMES F & HATMAKER PATSY Y KNORPP BILLY & SANDRA FAMILY TRUST & KNORPP BILLY L TRUSTEE WHITE ROBERT & LINDA REVOCABLE TRUST ROSSOW BETTY LIVING TRUST & ROSSOW BETTY LOU TRUSTEE CORNER POCKET LLC FIRELAND LLC 3014 E LESLIE DR 2972 E LESLIE DR 2995 E LESLIE DR 2832 E LESLIE DR 10777 W TWAIN AVE STE 225 3520 GENERAL DEGAULLE STE 3001 MailingCity BOISE, ID 83713-0000 SCOTTSDALE, AZ 85255-0000 KUNA, ID 83634-0000 MERIDIAN, ID 83646-0000 MERIDIAN, ID 83646-0000 BOISE, ID 83714-0298 MERIDIAN, ID 83646.0000 MERIDIAN, ID 83646-0000 MERIDIAN, ID 83646-0000 MERIDIAN, ID 83646-0000 MERIDIAN, ID 83646-0000 MERIDIAN, ID 83646-0000 MERIDIAN, ID 83646-0000 MERIDIAN, ID 83646-0000 MERIDIAN, ID 83646-0000 MERIDIAN, ID 83646-0000 DALLAS, TX 75265-0043 MERIDIAN, ID 83646-5714 MERIDIAN, ID 83646-0000 MERIDIAN, ID 83646-5715 MERIDIAN, ID 83646-0000 LAS VEGAS, NV 89135-00000 NEW ORLEANS, LA 70114-0000 Bienville Square 2 OWWWWARM OM �� CITY OF MERIDIAN Community Development Department 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 (208)8845533 Phone -- (208)888-6854 Fax PRE APPLICATION MEETING REQUEST FORM Ph,,Wkeation meetings are ngrand pnorto the submittal of any appTicatien that regsrins a pubic hearing and mrut be held no mon than 4 months prior to appkcation smbmi#a1 Name` Bienville Square #2 Address/Location: SM comer of Eagle Rd & Ustick Rd Property Owner Contact Info: Name: Address: Navigator Group, Inc. 290 Bobwhite, Suite 220, Boise, ID Phone Number. Fax Number. E-mail Address: 208-629-7333 Applicant/Representative Contact Info (if different): Name: Address: Bob Unger, ULC Management, LLC 1 6104 N Gary Lane, Boise, ID 83714 Phone Number: Fax Number. E-mail Address: 208-861-5220 208-577-6493 bunger@ulcmanagement.com Parcel Number(s): Total Acres: R0945580230 - Lot 23, Blk 1, Bienville Square Subdivision 7.89 Number of Proposed Building Lots: Number of Units: Current Zoning. Proposed Zoning. 26 1 26 R-15 R-15 Type of Application(s): 1. U Annexation & Zoning (bring coxaptplan) 2. U City Council Review 3. U Comprehensive Plan Map/Text Amendment 4. U Conditional Use Permit (bring site plan) 5. U Conditional Use Permit Modification(bring.+zteplan) 6. U Development Agteement Modification 7. U Planned Unit Development (bringsiteplan) 8. U Preliminary Plat (bring draftplat) 9. U Preliminary/ Final Plat Combination (bring draftplat) 10. U Rezone (Wq conceptplan if now development) 11. U Short flat (bring draftplat) 12. U Time Extension (Commission or Council) 13. U Vacation (non-exempt & non right -of --may) 14. U Variance 15. U Unified Development Code Amendment 16. U Other Please list all persons who will attend the pre- application meeting: (Plewa, include properly owner) Bob Unger & Cory Swain (Navigator Group) Specific Questions/Issues: Proposing to develop 26 zero lot line lots that were townhouse lots in Bienville Souare Master Plan. 26 services are currently in pia U Check here if your proposed development includes a potential public park, pathway, or school. Pre -application meetings are held every Monday & Wednesday. Please check your preferred meeting time below. Monday (exaptHoh'days) Wednesday 1:15 1:15 2:00 2:00 2:45 X 2:45 3:30 as This mmpkted form must be submitted to the Commmniiy Development Department at least 48 hours befonyour ngxested mee ft time. A Plannermell mxj77m the meeting by atherphow or a -mail CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: k�; e.v, o , /l. -e Z Cies Date: 7-2-7-12 City Staff: -e-�e , 5r / Location: /ll� a-7 -�-d-e S C s Comprehensive Plan Future Land Use Map Designation: - Size of Property: _ 7. z, --,re Design Guidelines Development Context: A Proposed Use: 51u,; /„ Proposed Zoning: 141A Existing Use: Vq_c t fExisting Zoning: Surrounding Uses: _ CGMM lr(- / fe5.;cn7"C'i Street Buffer(s) and/or Land Use Buffer(s): AIA - Open Space/Amenities/Pathways: �tl Access/Stub Streets/Street System: Sewer & Water Service: a.-2 jqr o a r d'e) 4 ~c_e 4 Topography/Hydrology/Floodplain Issues: Nz4 History: V,*,,,,, . /(-e Additional Meeting Notes: Other Agencies/Departments to Contact: ❑ Ada County Highway District ❑ Nampa Meridian Irrigation District ❑ Public Works Department ❑ Idaho Transportation Department ❑ Settler's Irrigation District ❑ Building Department ❑ Sanitary Services Company ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Alternative Compliance ❑ Annexation ❑ City Council Review ❑ Comprehensive Plan Amendment — Map ❑ Comprehensive Plan Amendment — Text ❑ Conditional Use Permit Conditional Use Permit Modification/Transfer ❑ Short Plat Development Agreement Modification �507-.ao ❑ Time Extension — Council Final Plat ❑ UDC Text Amendment ❑ Final Plat Modification ❑ Vacation ❑ Planned Unit Development Yao �r �o El Variance Preliminary Plat z/pq,00 L / ❑ Other Private Street 16o- oo y / Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST (name) (address) (city) being first duly sworn upon, oath. depose and say.- 1. ay: 1. That I am the record owner of the property described on the attached, and I grant my permission to: A111444- M44.1ryt0.1, 4 - Cy,tr4/-,�,,-�3, /.tc Iwo gah tyW. se no (name) (address) eo-fu— lof J'.j'-Xb to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 7-0 day of 14614w.r .2o 122 (Signature) SUBSCRIBED AND SWORN to before me the day and year f above written. a _ ,��• (Not blic for Idaho) tea* Residing at: JS(6 Sf pUBL�� '�`j► .O My Commission Expires: OF 10- 3313 Broadway Suile 210 • Meridian, Idaho 83642 Phone: (208) 8845533 • Facsimile: (208) 888-6678 • Website: www.meddiancity.org f Recording Requested By: And When Recorded Mail To: Pioneer Lender Trustee Services, LLC 8151 W. Rifleman St. Boise, ID 83704 Loan No.: 2007303 T.S. No.: 20000.1594 Title Order No.: 303867 ADA CDUNIY RORDER J. DAVID NUMN AMOUNT B.W BOISE IDAW WIM O20 PM REC DDED-RR�EQUESTOF �� ��N�I��II�N�IAINIiN�ill IIIA Pioneer 109107805 TRUSTEE'S DEED Pioneer Lender Trustee Services, LLC (herein called Trustee) as Trustee under the Deed of Trust hereinafter particularly described, does hereby bargain, sell and convey, without warranty, to Idaho Mutual Trust, herein called Grantee whose current address is: 12594 W. Explorer Dr., Suite 100, Boise, ID 83713 All of the real property situated in the County of Ada, state of Idaho described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 & 28 in Block 1, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,12,13, 14, 15, 16,17,18,19, 20, 21, 22, 23, 24, 25, 26, 27,28, 29, 30, 31, 32, 33, 34 & 35, Block 2 and Lot 1 in Block 3 of Bienville Square Subdivision, according to the plat thereof filed in Book 102 of Plats at page 13,495 thru 13,498, records of Ada County, Idaho. This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust between Mason Creek, LLC an Idaho Limited Liability Company, As Grantor, and TitleOne Corporation, an Idaho limited liability company, As Trustee, and Idaho Mutual Trust, LLC, an Idaho Limited Liability Company, As Beneficiary, Recorded 7/13/2007, As Instrument No. 107099781, Book - Page -, Mortgage records of Ada County, Idaho, and after the fulfillment of the conditions specified in said Deed of Trust authorizing this conveyance as follows: 1). Default occurred in the obligations for which such deed of trust was given as security and the beneficiary made demand upon the said trustee to sell property pursuant to the terns of said deed of trust. Notice of Default was recorded 5/1/2009, As Instrument No. 109050412, Book -, Page -, Mortgage records of Ada County, Idaho and in the office of each County in which the property described in said deed of trust, or any part thereof, is situated, the nature of such default being as set forth in said Notice of Default. Such default still existed at the time of sale. 2). After recording of said Notice of Default, trustee gave notice of the time and place of the sale of said property by registered or certified mail, by personal service upon the occupants of said premises and by publishing in a conspicuous place on said premises and by publishing in a newspaper of general circulation in each of the counties in which the property is situated as more fully appears in affidavits recorded at least 20 days prior to the date of sale as Instrument(s) No. 109084992, Book --, Page -- Mortgage records of Ada County, Idaho. 3). The provisions, recitals and contents of the Notice of Default referred to in paragraph (1) Supra and of the Affidavits referred to in paragraph (2) supra shall be and they are hereby incorporated herein and made an integral part hereof for all purposes w though set forth herein at length. 4). All requirements of law regarding the mailing, personal service, posting, publication and recording of the notice of default, and Notice of Sale and for all other notices have been complied with. 5). Not less than 120 days elapsed between the giving of Notice of Sale by registered or certified mail and the sale of the property. 6). Trustee, at the time and place of sate fixed by said Notice, at public auction, in one parcel, struck off to Grantee, being the highest bidder thereof, the property herein described for the sum of $8,500,000.00, subject however to all prior liens and encumbrances. No person or corporation offered to take any part of said property less than the whole thereof for the amount of principal, interest, and advanced costs. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its Corporation name to be hereunto subscribed. Dated: 9/10/2009 By: ,/� Piong6r Lender Trustee Services, LLC Jantzen, Vice President State ofldaho County of ADA On this 9/10/2009, before me, Amy L. Bowles the undersigned a Notary Public in and for the State, personally appeared Ronald W. Jantzen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/herhheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf or which the person(s) acted, execute the instrument. auupq," 4NotaTyV1222: Amy L. Bowles s NoTARy Residing at: Boise, ID —•— Commission Expires: 12/12/2009 PUBLIC' PIP �'r'•. OF LO CONMUTNIENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no tater than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. 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O i N O 3 N NOW Mn MIR NONE . .■ ■ - 111 � ■ nr�,. 1 n■ :In - � ■�■ ` � ■ on MOM OEM �' �► � nm � ■ n � ■n � 1 � I . ■ ♦ ��� :■ X71 � � � y _ ,■ ■ ,■ 1■■O® ni � O it �r � :> > ■ ♦�6 ���� _ lin' ♦ ME ♦ � rf wry ='�= _ : C: ■■ �� � ' ��4► � �n s ■= �■� ■ uml uiYum 1 n■'� ��� a,.1 ulgl 11111 ■�■■i� ,�I 'Or ■ � 1 r u un m�Ilm�u 1 ,111 a �1 111 -- �. j • ,'�' II i �� 1/►SII a - ill WE In 1fIEll Hearing Date: November 1, 2012 Project Name: Bienville Square East File No.: PP -12-013 and MDA -12-008 Requests: Request for preliminary plat approval for 28 residential lots and 5 common/other lots on 7.89 acres of land in an R-15 zoning district, by Alliance Management Consultants. Request to modify the concept plan and certain provisions contained in the recorded development agreement (Instrument #107044347) approved for Bienville Square Subdivision, by Alliance Management Consultants. Location: The site is located on the west of N. Eagle Road and south of E. Ustick Road, in the NE of Section 5, Township 3N., Range 1E.