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Florence No Such Number 3/7/00 Schuerman 120 Heartstone Unclaimed 2-8-00 (pz) Schuerman 120 Heartstone Unclaimed 3/7/00 Bennett 5149 Canary Lane Unclaimed 3/7/00 Wentworth 1126 N. Legislative Unclaimed 3/7/00 Laursent 3964 E. Florence Unclaimed L:::MCortina Colt 13939 1236 N. Principle Unclaimed E. Florence Unclaimed /`1 1103 DAKOTA COMPANY, INC. FARMERS & MERCHANTS STATE BANK 380 EAST PARKCENTER BLVD. STE 100 GARDEN CITY OFFICE 92-151-1241 BOISE, ID 83706 BOISE, IDAHO 83714 (208) 343-5223 DATE January 3, 2000 Five hundred nineteen dollars and 1 6/1 00 DOLLARS $ 519.16 PAY— TO AY -� TO THE ORDER City of Meridian OF 11500 110 30 1: 1 24 10 15 131: 50 !318 2 1 r nm Developers Diversified Realty Corp. Preliminary & Final Subdivision Plat Application RECORDS EAST SUBDIVISION Southeast Corner Records Drive & Fairview Avenue Meridian Crossroads Shopping Center - Phase II Expansion 1.) Applicant: Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5656 Fax: 216-755-1678 Care Of : Dakota Company, Inc. 380 E. Parkcenter Blvd. Suite 100 Boise, Idaho 83706 Phone: 208-343-5223 Fax: 208-343-4954 Contact: Tom Bauwens 2.) Subject Property: Southeast corner of Records Drive and Fairview Avenue Approximately 23.6 +/- acres. 3.) Property Owners: Hermes Associated, Ltd. and Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5656 Daniel G. Gibson, Jr. and Carolyn A. Gibson 19500 Highway 2026 Caldwell, Idaho Timothy T. Gibson 1200 North Cloverdale Road Boise, Idaho 83713 Phone: 208-342-8221 See Attached "Affidavits Of Legal Interest" Preliminary & Final Subdivision Plat 4.) City Billings Received Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 5.) Legal Description: See attached page 2/3 6.) Existing Use: Western 11.4 +/- acres is vacant. Eastern 13 +/- acres is an operating sod farm. 7.) Proposed Use: Commercial - Expansion of the Meridian Crossroads Shopping Center. Three lots 8.) Zoning: The eastern 13 +/- acres of the subject property recently received a Comprehensive Plan Land Use Map amendment change from residential to commercial and annexation into the City Of Meridian with a C -C zoning designation. The western 11.4 +/- acre portion of the subject property has been rezoned to a C -C zone designation. As a Condition Of Approval of the Comprehensive Plan Amendment, Annexation and Rezoning, the project was required to obtain a Conditional Use Permit and subdivision platting. See Comprehensive Plan Land Use Map Amendment CPA -99-002 See Annexation And Zoning AZ -99-012 See Rezone RZ-99-007 9.) Development Features: The project site is located on the southeast corner of Records Drive and Fairview Avenue with approximately 1,310 feet of frontage along Fairview Avenue. The western 11.4 +/- acres of the property is currently vacant and the eastern 13 +/- acres is an operating sod farm. The 11.4 acre portion of the property is part of the existing Meridian Crossroads Shopping Center. Immediately east of the subject property is an existing cemetery, which provides an excellent buffer to commercial uses. Immediately south of the western portion of the project is the existing Crossroads subdivision. South of the eastern portion of the project is an operating sod farm. Preliminary & Final Subdivision Plat page 3/3 The development plans are to integrate the subject property into the Meridian Crossroads Shopping Center. The property will be accessed with entries onto Fairview Avenue and Records Drive. Venture Street will be extended south from Fairview Avenue along the east side of the project. Lot Sizes: Lot #1 - 19.35 Acres Lot #2 - 2.57 Acres Lot #3 - 1.13 Acres Right -Of -Way will be dedicated to the Ada County Highway District for widening of Fairview Avenue and the construction of Venture Street. 10.) City Services: The Applicant agrees to pay any additional sewer, water or trash fees or charges, if any associated with the use of the property as developed for a shopping center. 11.) Public Hearing: The Applicant will post the subject property with a "Notice of Public Hearing" one week prior to the City Of Meridian Planning & Zoning Commission meeting, that the Applicant has applied for a Preliminary and Final Subdivision Plat and that a Public Hearing will be held. The notice will contain the name of the Applicant, description of the Conditional Use Permit application and the time and place of the Public Hearing. 12.) Vicinity Map: See attached 13.) Traffic Analysis: See attached letters from Dobie Engineering and ACHD. 14.) Mailing List: See attached 15.) Covenants: See Attached 16.) Variances: No variances requested 17.) Statements Of Compliance: See attached. REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: E •tm .� n^n r� K(C'3 CY, ,4. FILE PFP -Oc� - ool The submission deadline for ALL applications (other than Final Plats and Variances) is 5:00 p.m. of the first business day of every month_ Applications must be submitted to the Planning &Zoning Department, located at 200 E. Carlton Ave., Ste. #201, Meridian. NO EXCEPTIONS WILL BE MADE. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that a complete application is received by the deadline date. Incomplete applications will be returned to the applicant and will not be processed until all required application elements are completed. Applicants are encouraged to arrange for a pre -application meeting with a Planner at least ten (10) business days BEFORE the submission deadline to address any concerns or questions regarding the project. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Rec o R.OS O^sr Svt30t ✓�S� o�/ 2. General Location: So wrR eAs r- Cot tv E2 QeCO RPS Ave. Fiat g✓isco 4o6. 3. Owners of Record: 56:e- Att,4c.H Eu Address: , Zip Telephone: 4. Applicant: SCE Attw cH ED Address: , Zip Telephone: 5. Engineer: PAT2lGK 5cHE:FFIL TL Firm: HyB aLE 6H(j VEER/nl�� 6. Name and address to receive City billings- Name: SEC A t:EAe N go Address Telephone: PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 23 • G I 2. Number of building lots: 3 3. Number of other lots: -0- 4. O- 4. Gross density per acre: 0-13 LerrS %AGt2E 5. Net density per acre: 6. Zoning Classification(s): G - G. 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? ac, N 4 AN NExEy AS C- G 8. Does the plat border a potential green belt? N 0 9. Have recreational easements been provided for? tj o 10. Are there proposed recreational amenities to the City? NO Explain 11. Are there proposed dedications of common areas? t40 Explain For future parks? NO Explain 12. What schools) service the area? _ComrnEeup L - Alor &ALL -elao you propose any agreements for future school sites? No Explain 13. Are there any other proposed amenities to the City? Nd Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Cornrn E¢erA!_ 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): 5IV44 ,E Use 6omrnEe4rau S 16. Proposed Development features: NVL.TL TENANT- G007me1ZCJAL a. Minimum square footage of lot(s): L or 1- 19.3SAc LoT 2 - 2.S7AL for 3 - 1.13 A L b. Minimum square footage of structure(s): C. Are garages provided for? N A Square footage: N A d. Has landscaping been provided for? yes Describe: e. Will trees be provided for? YIES, Will trees be maintained? f. Are sprinkler systems provided for? yE::5- PlzESSVlztteD FRom NMrD g. Are there multiple units? too Type: Remarks: IL Are there special set back requirements? No Explain: i. Has off street parking been provided for?—YE S Explain: ovg12,gLL. S•O/ l,000 5�. �, tPAIZ. --JK6 LOT CROSS USE j. Value range of property: N A k. Type of financing for development: Pa.t VATS 1. Were protective covenants submitted? EEs O,e4iq- Date: 1-03-00 17. Does the proposal land lock other property? o Does it create Enclaves? N o STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 2 ** TX CONF I RI,,-. I I ON REPORT ** DATE TIME TO/FROM 07 04/21 17 48 PUBLIC WORKS 08 04/21 17 49 2088886854 CENTRAL •" DISTRICT �1—forH[ALTH DEPARTMENT —� MAIN OFFICE • 101 N,ARMs1RONGPL • BOISE. ID 83104.0825 •08 (2 ) 375521 I •FAX 321.800 To prevent and twat diarace and disability; to prnnmote healUty lifestyles; and to protect and pronfore the health and quality of our �nrimuurem. 00-0325 AS OF APR 21 '00 17:49 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'14" 001 061 OK EC --S 00'23" 001 061 OK April 20, 2000 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 R.6: Records East Subdivision Dear Mr. Navarro: ,CErvL,� APR 2 1 2ODD CITY OF NiMDIAN Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on April 19, 2000. No lot size may be reduced Without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, Michael H. Reno Senior Environmental health Specialist cc: Department of Housing and Urban Development City of Meridian Joe Geivett, ,Pacific Land Design Hubble Engineering MR: bm Ado / Boise County office 707 N. ArmsrnnC PI noise. IO 83704 [OVWC H001th 327-7499 FomIlY Plonnlnq 32-3.7400 Imm un, zanons: 327-7450 Sensor Nutrd�on: 327-7460 WIC. 327.7488 FAX.327.85o0 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office booRobert St ElmoreCounty office F101s®. 1 I0 D 83705 520 E. Sth Stroet N. Ph. 334-3355 Montafn Home, 10 83647 FAX: 334-3355 eZuo. Health $87-9225 PornllY Heolth, 587.4407 WIC: 587,4400 FAX: 587-3521 volley County office 703 N. Ist Strear Po. Box 1445 MCCOII. IO. 83638 Ph. 634-7194 FAX 634.2174 CENTRAL �• DISTRICT LR'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. - BOISE, ID 83704-0825 • (208) 375-5211 . =Aa 327 8 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and pranote the health and quality of our environment. 00-0325 April 20, 2000 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Records East Subdivision Dear Mr. Navarro: FECIE APR 2 1 2000 CITY OF MERIDIAN Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on April 19, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Joe Geivett, Pacific Land Design Hubble Engineering MR: bm Ada / Boise County Office 707 N Armsrong PI, Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St. Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703N 1st Street P.O. Box 1448 McCall, ID, 83638 Ph. 634-7194 FAX: 634-2174 Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208' 288-2499 - Fax 288-2501 CHARLES ROUNTREE PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21 2000 TRANSMITTAL DATE.- January 10 2000 HEARING DATE: February 8 2000 FILE NUMBER: PFP-00-001 REQUEST: PRELIMINARY FINAL PLAT FOR RECORDS EAST SUBDIVISION PLUS OR MINUS 23.6 ACRES/C-C ZONING BY: DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER OF RECORDS DRIVE AND FAIRVIEW AVENUE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: NAVARrG IQ,e MY 19 PH 4: 20 ALLIAN8 iv -1 ci i 9 S CORPORATION WARRANTY DEED For Value Received GENITONE. INC., a corporation duly organized and existing under the laws of the State of Idaho, ("Grantor") does hereby Grant, Bargain, Sell and Convey unto HE%'VIES ASSOCIATES, LTD, a Utah limited partnership, ("Grantee") whose current address is 455 E. 5i° S., Suite 100, Salt Lake City, Utah 84111, the following described real estate within the city of lvleridian, Idaho, to -wit: A parcel of land located in the Southwest Quarter of the Northwest Quarter of Section 9, Township 3 North, Range I East, Boise Ivieridian, Ada County, Idaho, as more particularly described on Exhibit "A" as Parcel R1 and a parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as more particularly described on Exhibit "A" as Parcel 45. TO HAVE AND TO HOLD the said real property with all appurtenances (including, but not limited to, all water rights or ownership interests in any irrigation districts or entities) unto the said Grantee, its heirs and assigns forever, and the said Grantor does hereby covenant to and with said Grantee that it is the Owne- in fee simple of said reai estate and that said parcel is free and clear of all easements, restrictions. and encumbrances, expect: I Reservanons or exceptions in patents or in Acts authonzing the issuance thereof. 2. General Taxes for the year :998, a lien but not vet due and payable. 3. Negative Easement and Restrictions contained in Warranty Deed, and the terms and conditions thereof: In Favor of State of Idaho Recorded January 24, 1956 Instrument No. 389346 4. Agreement and the terms and conditions contained therein: Between George E. Stang and Hannah W. Stang, husband and wife and C.H. Stewan and Alice E. Stewart, husband and wife Recorded September 2, 1954 Instrument No. 364-131 purpose Irrigation Ditch right-of-way 5. Minerals and mineral rights as reserved to Upland Industries Corporation, a Nebraska corporation, by Special Warranty Deed recorded August 31, 1990, as Instrument No 9047045, records of Ada County, Idaho. CORPORATION WARRANTY DEED - I I D:` 051998\Gcmtonc%,c0rp--v.dccdI Easement and the terms and conditions thereof: In Favor of Mountain States Telephone and Telegraph Company, a corporation Purpose Communication Facilities and Incidental Purposes Recorded June 23, 1990 Instrument No. 9034208 Affects Parcel 5 Negative Easements, Conditions, restrictions and access rights contained in the Deed to the State of Idaho Recorded November 25, 1988 Instrument No. 8857970 Official Records. And amended by Exchange Deed recorded April 8, 1994, as Instrument No. 94032501. Affects Parcel 1. Easement and the terms and conditions thereof - In Favor of Ada County Highway District Purpose Temporary access road between the proposed Crossroads Subdivision No. 5 and Fairview Avenue Recorded October 1, 1997 Instrument No. 97081013 Affects Parcel 5 Rights and interests of the Nampa -Meridian Irrigation District. 10. Easements and riehts-of-way for or associated with irrigation ditches and facilities armeanne on the above-described real estate. H. Easements and rights associated with the diversion structure for a pressure irrigation system utilized by Crossroads Subdivision. IN WIT -N -ESS IN -HEREOF, ;he Grantor, pursuant to a Resolution of its Board of Directors has caused its corporate namp,to be hereunto subscribed by its President and its corporate sea) to be aftxed by its Secretary this day of May, 1998. GEMTONE, INC. By: Thomas T. Wright, Preside CORPORATION WARRANTY DEED - 2 ( D:,.051998\Gcmtonc`.corp-war.decd) STATE OF IDAHO ss. County of Ada ) On this day of May, 1993, before me, a Notary Public in and for said State, personally appeared THOMAS T. WRIGHT and .-N&n L. S , known to me to be the President and Secretary of the corporation that executed this instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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. CORPORATION WARRANTY DEED - 3 [D-05 1998\Gcmtonc\corp-war.dcc4l Notary Public forldahg� Residing at Commission expires o Exhibit "A" C01-2t!nued PA C:ZL 5 A parcel cf lard located in tha Northeast Qua- _c: of t`sa Northwaet Quanta_ of Secticn 9, Township 3 North, Rangc 1 raeC, Boise Merfdian, Ada Cot:.-lt f, Idaho, mc --_8 pa+-ticula=ly desc_ibad as follows ccbz[B.YCING at the corner ccmmou to Sections 4, 5, 8 and the aaid•:8cction 91 th'ncc south 89 dec:aes 22'10" East, 2659.63 fast to the mortar corner cc7=cn to 'aid Sections 4 and 9; thence south oo deT ees 48114' Wept, 49.74 feet to a point on the Southerly right-of-way of Faixvi6w Avenue, ea'_d point bei -mg tho REAL POINT OF BEGLYN".LNG► thence continuing along the North-South mid-section line South 00 deg -_-_a5 48114' Wemt, 831.11 feet to a point; thence North 89 degrees 35132" Went, 596.18 feet to a point; thence North 00 deg--ses 25'00• Eaet, 831.11 feet to a point on the 9outharly =fight -ot -way of Fa' r -,r! ew Avenuc ; thence .x ong said right -of -way South 89 degrmes 35124" Bast, 601.79 fast to the RMAL POI. OF BEGINNING. Page 2 of 2 A COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A File No. P179003 PIONEER TITLE COMPANY OF ADA COUNTY 821 W. STATE ST. BOISE, ID 83702 ATTN: JANET BLOSCH Ph: 208-373-3750 Fx: 208-384-9936 Copies to: DEVELOPERS DIVERSIFIED REALTY CORPORATION 3300 ENTERPRISE PARKWAY BEACHWOOD, OH 44122 Attn: JOAN U. ALLGOOD, VP DANIEL G. GIBSON 19500 HIGHWAY 2026 CALDWELL, ID 83605 PIONEER 1031 COMPANY 8151 W. RIFLEMAN BOISE, ID 83704 Attn: ROB ONNEN Fx: 208-373-3737 Escrow Inquiries should be directed to: JANET BLOSCH SR. ESCROW OFFICER (373-3750) 821 W. STATE ST. BOISE, ID 83702 2. Policy or Policies to be issued: (A) Owner's Standard Coverage 1. Effective Date: March 29, 1999 at 7:30 A.M. TERRACE LAWN MEMORIAL GARDENS, INC. 1200 N. CLOVERDALE ROAD BOISE, ID 83713 Attn: TIMOTHY T. GIBSON GIVENS PURSLEY LLP 277 N. 6TH STREET, STE. 200 BOISE, ID 83701 Attn: CHRISTOPHER J. BEESON CLARK DEVELOPMENT 479 MAIN ATTN: WILLIAM CLARK Title Inquiries should be directed to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 Amount Premium $2,950,000.00 $9,945.00 Proposed Insured: DEVELOPERS DIVERSIFIED REALTY CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE CONTINUED P°179003 < < ' 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: DANIEL G. GIBSON JR. AND CAROLYN GIBSON, HUSBAND AND WIFE AS TO THAT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER, NORTHEAST QUARTER, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL IS SHOWN ON RECORD OF SURVEY NO. 1284, FILED AS INSTRUMENT NO. 8835815 AT BOOK G OF SURVEYS AT PAGE 1301; MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 9, A POINT MARKED BY A 5/8" IRON PIN; THENCE ALONG THE CENTERLINE OF SAID SECTION 9 SOUTH 0 DEGREE 48'14" WEST 49.74 FEET TO THE POINT OF BEGINNING, MARKED BY A BRASS CAP, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW AVENUE (U.S. HIGHWAY 30); THENCE CONTINUING SOUTH 0 DEGREE 48'14" WEST. 503.19 FEET TO A POINT MARKED BY A 1/2" IRON PIN; THENCE LEAVING SAID CENTERLINE SOUTH 89 DEGREES 35'00" EAST 433.25 FEET TO A POINT MARKED BY A 1/2" IRON PIN; THENCE NORTH 0 DEGREE 42'46" EAST 503.18 FEET TO A POINT ON THE SAID RIGHT-OF-WAY OF FAIRVIEW AVENUE, MARKED BY A 1/2" IRON PIN; THENCE ALONG SAID RIGHT-OF-WAY NORTH 89 DEGREES 35'00" WEST 432.45 FEET TO THE POINT OF BEGINNING; AND IN TERRACE LAWN MEMORIAL GARDENS, INC., AN IDAHO CORPORATION, AS TO THE REMAINDER. 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C P179003 ' f ' ' SCHEDULE B - SECTION 2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims or easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed'by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or -not' -the matters excepted under (a), (b) or (c) are shown by the public records. - (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings, whether or not shown by the records of such agency or by the public records. *PARAGRAPHS 1,2,3,4,5 AND 6 WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B - SECTION 2. CONTINUED P179003 C. Special Exceptions: 1. GENERAL TAXES FOR THE YEAR 1998, WHICH ARE LIENS, OF WHICH THE FIRST HALF HAS BEEN PAID. THE SECOND HALF OF WHICH WILL NOT BECOME DELINQUENT UNTIL JUNE 20TH. PARCEL NO. AMOUNT 5951109120610 $1511.92 SAID TAXES AFFECT THAT PORTION AND OTHER.LANO VESTED IN TERRACE LAWN MEMORIAL GARDENS INC. 2. GENERAL TAXES FOR T7AR AR 1999, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 3. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF BOISE. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 4. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT 5. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 6. TERMS AND PROVISION OF AGREEMENT DATED: MARCH 27, 1922 BETWEEN: NAMPA & MERIDIAN IRRIGATION DISTRICT AND J.H. MC BIRNEY AND BESSIE 0. MC BIRNEY RECORDED: MAY 22, 1922 INSTRUMENT NO.: 99731 IN BOOK 8 OF CONTRACTS, PAGE 476 7. AN EASEMENT CONTAINING CERTAIN TERMS;'CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: POWER LINE EASEMENT IN FAVOR OF: IDAHO POWER COMPANY RECORDED: OCTOBER 18M 1955 INSTRUMENT NO.: 384633 8. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN DEED TO THE STATE OF IDAHO, CONVEYING A PORTION OF THE PROPERTY ADJOINING. RECORDED: DECEMBER 11, 1956 AND DECEMBER 12, 1956 INSTRUMENT NO.: 404072, 404073, 404474, AND 404474 9. THE APPLICATION CALLS FOR AN OWNERS EXTENDED COVERAGE POLICY. THEREFORE, THE FOLLOWING MATTERS MUST BE CLEARED TO THE SATISFACTION OF THE COMPANY BEFORE ISSUANCE OF THE POLICY: A. QUESTIONS OF SURVEY B. RIGHTS OF PERSONS IN POSSESSION C. MATERIAL OR LABOR LIENS D. RIGHTS OR CLAIMS FOR EASEMENTS NOT OF RECORD NOTE: AN ALTA/ASCM SURVEY PREPARED BY A LICENSED SURVEYOR AND CERTIFIED TO PIONEER TITLE COMPANY OF ADA COUNTY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY MUST BE SUBMITTED FOR REVIEW AND EXAMINATION. CONTINUED P179003 • I ' ' 10. SUBJECT TO THOSE ADDITIONAL ITEMS, IF ANY, WHICH MAY BE REQUIRED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, FOLLOWING A REVIEW OF THIS REPORT. END OF EXCEPTIONS NOTE: WE NOTE A RECORD OF SURVEY OF THE SUBJECT PROPERTY. REFERENCE TO THE RECORD IS MADE FOR FULL PARTICULARS. RECORDED: JULY 21, 1988 INSTRUMENT NO.: 8835815 BOOK/PAGE: 1283 NOTE: THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NOTE: GENERAL TAXES FOR THE YEAR 1998, WHICH WERE LIENS, ARE PAID. PARCEL NO. AMOUNT 5951109120605 $4355.10 SAID TAXES AFFECT THAT PORTION VESTED IN DANIEL G. GIBSON JR. AND CAROLYN GIBSON NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATED ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESS SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. File Number: P179003 SCHEDULE C The land referred to in this Commitment is described as follows: THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 2 EAST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO. EXCEPT THOSE PORTION CONVEYED TO THE STATE OF IDAHO BY DEEDS RECORDED UNDER INSTRUMENT NO.S 404072, 404073, 404474, AND 404477; AND EXCEPT THAT PORTION LYING WITHIN THE PLAT OF TERRACE LAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 19 OF PLATS AT PAGE 1220 AND 1221, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION FILE NO.: P179003 EXHIBIT A THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 2 EAST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO. EXCEPT THOSE PORTION CONVEYED TO THE STATE OF IDAHO BY DEEDS RECORDED UNDER INSTRUMENT NO.S 404072, 404073, 404474, AND 404477; AND EXCEPT THAT PORTION LYING WITHIN THE PLAT OF TERRACE LAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 19 OF PLATS AT PAGE 1220 AND 12211 RECORDS OF ADA COUNTY, IDAHO. //"END OF LEGAL DESCRIPTION COMMITMENT FOR TITLE INSL WCE ORDER NUMBER: 99080591 JH/JS SCHEDULE A 1. EFFECTIVE DATE: FEBRUARY 08, 1999 at 7:30 a.m. 2. Policy or policies to be issued: A. ALTA Owner's Policy, (10-17-92) Standard Coverage Amount of Insurance: $ 3,050,000.00 Premium: $ 6,730.00 Proposed Insured: DEVELOPERS DIVERSIFIED REALTY CORP B. ALTA Loan Policy, (10-17-92) Amount of Insurance: Premium: Proposed Insured: None Other coverages and/or charges: NONE In the event this transaction fails to Close and this Commitment is cancelled, a Cancellation fee will be charged to comply with the State Insurance Requlations. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the estate or interest in said land at the effective date vested in: PARCEL I DANIEL G. GIBSON, JR. and CAROLYN GIBSON, husband and wife AND PARCEL II TERRACE LAWN MEMORIAL GARDENS, INC., an Idaho Corporation -1- Commitment Schedule A CONTINUATION OF ( MITMENT SCHEDULE A Order No.: AT -99080591 JH/JS 5. The land referred to in this commitment is in the State of IDAHO, County of ADA, and is described as follows: PARCEL I A parcel of land situated in the Northwest Quarter, Northeast Quarter, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is shown on Record of Survey No. 1284, filed as Instrument No. 8835815 at Book 6 of Surveys at page 1301, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 9, a point marked by a 5/8" iron pin; thence along centerline of said Section 9 South 00 degrees 48'14" West 49.74 feet to THE POINT OF BEGINNING, marked by a brass cap, said point being on the South right-of-way line of Fairview Avenue (U.S. Highway 30); thence continuing South 00 degrees 48'14" West 503.19 feet to a point marked by a 1/2" iron pin; thence leaving said centerline South 89 degrees 35100" East 433.25 feet to a point marked by a 1/2" iron pin; thence North 00 degrees 42'46" East 503.18 feet to a point on the said South right-of-way of Fairview Avenue, marked by a 1/2" iron pin; thence along said right-of-way North 89 degrees 35'00" West 432.45 feet to the POINT OF BEGINNING. PARCEL II The Northwest Quarter of the Northeast Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, in Ada county, State of Idaho. EXCEPTING THEREFROM: A parcel of land situated in the Northwest Quarter, Northeast Quarter, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is shown on Record of Survey No. 1284, filed as Instrument No. 8835815 at Book 6 of Surveys at page 1301, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 9, a point marked by a 5/8" iron pin; thence along centerline of said Section 9 South 00 degrees 48'14" West 49.74 feet to THE POINT OF BEGINNING, marked by a brass cap, said point being on the South right-of-way line of Fairview Avenue (U.S. Highway 30); thence continuing -2- Commitment Schedule A CONTINUATION OF C MITMENT SCHEDULE A Order No.: AT -99080591 JH/JS South 00 degrees 48114" West 503.19 feet to a point marked by a 1/2" iron pin; thence leaving said centerline South 89 degrees 35'00" East 433.25 feet to a point marked by a 1/2" iron pin; thence North 00 degrees 42'46" East 503.18 feet to a point on the said South right-of-way of Fairview Avenue, marked by a 1/2" iron pin; thence along said right-of-way North 89 degrees 35'00" West 432.45 feet to the POINT OF BEGINNING. Purported Address: NO ADDRESS GIVEN sml END OF SCHEDULE A -3- Commitment Schedule A COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 1 ORDER NUMBER: 99080591 JH/JS REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Necessary Conveyances vesting fee simple Title in the Proposed Insured. Item (c) Delivery to the Company of an accurate legal description of subject property. CC: J.L. BOYD COMPANY / CLIFF MARCUM DEVELOPERS DIVERSIFIED REALTY / DAVID B. COATS ALLIANCE TITLE & ESCROW CORP. / KEN FRANKLIN NOTE: If the applicant desires copies of the documents underlying any exception to coverage shown herein, the Company will furnish the same on request, if available, either with or without charge as appears appropriate. NOTE: If a Deed of Trust is contemplated as a part of this transaction, the correct name to be entered as the trustee is: ALLIANCE TITLE & ESCROW CORP. END OF SCHEDULE B -SECTION 1 Commitment Schedule B - Section 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 2 ORDER NUMBER: 99080591 JH/JS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 7. General Taxes for the year 1999, a Lien but not yet due and payable. 8. General Taxes for the year 1998 are paid. Parcel No. 59-S1109120605 -1- Commitment Schedule B - Section 2 Order No.: AT- 99080591 JH/JS In the original amount $4,355.10. AFFECTS PARCEL I General Taxes for the year 1998, a Lien, the first half is paid and the second half is now due and payable. Parcel No.: 59-S1109120610 In the original amount of $1,511.92. AFFECTS PARCEL II 9. The Land described herein is located within the boundaries of the NAMPA-MERIDIAN Irrigation District and is subject to any Assessments levied thereby. For current status call 466-7861. 10. Ditch, Road and Public Utility Easements as the same may exist over said premises. 11. Document of Nontestamentary Transfer of Sums due under Promissory Note and Agreement of Sale Executed by DANIEL G. GIBSON AND ELIZABETH GIBSON, HUSBAND AND WIFE Recorded DECEMBER 29, 1988 Instrument No. 8863818 AFFECTS PARCEL II 12. A Mortgage, and the terms and conditions thereof: Stated Amount $939,486.00 Mortgagor TERRACE LAWN MEMORIAL GARDENS, INC., AN IDAHO CORPORATION Mortgagee DANIEL G. GIBSON AND ELIZABETH GIBSON Dated DECEMBER 29, 1988 Recorded DECEMBER 29, 1988 Instrument No. 8863820 AFFECTS PARCEL II END OF SCHEDULE B -SECTION 2 -2- Commitment Schedule B - Section 2 - Continued ORDER NO. 9908059/ JH/JS EXHIBIT "A" PARCEL I A parcel of land situated in the Northwest Quarter, Northeast Quarter, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is shown on Record of Survey No. 1284, filed as Instrument No. 8835815 at Book 6 of Surveys at page 1301, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 9, a point marked by a 5/8" iron pin; thence along centerline of said Section 9 South 00 degrees 48114" West 49.74 feet to THE POINT OF BEGINNING, marked by a brass cap, said point being on the South right-of-way line of Fairview Avenue (U.S. Highway 30); thence continuing South 00 degrees 48114" West 503.19 feet to a point marked by a 1/2" iron pin; thence leaving said centerline South 89 degrees 35100" East 433.25 feet to a point marked by a 1/2" iron pin; thence North 00 degrees 42146" East 503.18 feet to a point on the said South right-of-way of Fairview Avenue, marked by a 1/2" iron pin; thence along said right-of-way North 89 degrees 35'00" West 432.45 feet to the POINT OF BEGINNING. PARCEL II The Northwest Quarter of the Northeast Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, in Ada county, State of Idaho. EXCEPTING THEREFROM: A parcel of land situated in the Northwest Quarter, Northeast Quarter, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is shown on Record of Survey No. 1284, filed as Instrument No. 8835815 at Book 6 of Surveys at page 1301, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 9, a point marked by a 5/8" iron pin; thence along centerline of said Section 9 South 00 degrees 48114" West 49.74 feet to THE POINT OF BEGINNING, marked by a brass cap, said point being on the South right-of-way line of Fairview Avenue (U.S. Highway 30); thence continuing South 00 degrees 48114" West 503.19 feet to a point marked by a 1/2" iron pin; thence leaving said centerline South 89 degrees 35100" East 433.25 feet to a point marked by a 1/2" iron pin; thence North 00 degrees 42146" East 503.18 feet to a point on the said -1- Continuation of Exhibit A Order No.:99080591 JH/JS South right-of-way of Fairview Avenue, marked by a 1/21, iron pin; thence along said right-of-way North 89 degrees 35100" West 432.45 feet to the POINT OF BEGINNING. -2- A. 5-07-1999 3:41PM FROM CLARK DEVELOPMENT 208 342 2627 rIPY--07-1999 14: 36 WARRANTY DW Xamhod TXXW=ZA=jo3@aZ"GktDM. XWC_. a" lost'.. -a me am= a. ,.e1 y ' A" ==2y *A* Sttaebd bwrot... 9 a 5 8 1 i 6 FOAspeT TO 'SG MT 26 ei: 2 52 TO XAYZ AND IV WW the ftW prvm4Q4 vUh gmir &ppwrt... Wgim do UK G'"06 b 0 obv 0" -dm $"go AW tbo ftw gc� 46 bftvtw -Fma to 06 wo sm nm cft� . 64 up Um wwbw 10 fW dWpk 4d vWd prdft�M; tha an bw SZC*Pt aut'33q *&Z4=CntS of ry ft. &94 CST cat tam". N - 0,21,w P 2 4 TAT[ CW 100.14m Cow" or I ftvk" "Oft *a " YM*a 44 Aw nmf N 1 now of Von* &W4 ko mom" Dow& OW 6-0. N - 0,21,w P 2 4 5 -0? -1999 3 41 P,4 CLARK GE,•ECUG'-•.£NT 208 -d- 2627^ 5-07-1995 3:42PM FRal CLARK. DEVELOPMENT 203 Z42 2627 ;L h at.r:? a L,.'' j ;;orth.. RAF �e 1 c fro^• -c de.".cr3.»oa. %;,.; . -• -�„o�oct thy. follo•�_ sl`, S.. 30 'c rns;.lp 1e, distant Sout�,a�rown the offlcLal P t o f tho Departs. or. ;�•p !ec : t~� o1��Tti��,.of. the:� .or •' :;I �urHiS�drvnSurve.7 q^'ile-;n'„he c_;:al(�)' Idn!•olye' I Or.d_6a• :o. ote of ofToWnsS'-v j t Sc .:c ... i ` 1 �,. •, _ ..... j ai< it Fl%"9. S•Jrve ,�! :ho aai8 Leet 'old $6b. feet c. ,n y���c:?.p lieF.`-ninr: ;,t „n t'. North :' ;•oa:n4"c'-y 3•s f Town 3:Itorth, Rango n•,ion „_r poS.r.0 on c:ar•.c^' morth ^uar tc�. : o. o, c�cts-on 975 , 0 0 fc^t'.to t .. •1- 14ortti g9 �9 Eoint Lenart �rc::t the ^A`t yoL�P ,to�ids �c i, q o c", .,tai:ion is e P the j;orthaee cornu =t`C?•0 or ''� .,. ?,?r 1'oeL ',+rr.t frM�_d!:.^. 1 _ at !'ce; iiv , . rte„ ,-07-1999 3 13PP-i FRal CLARK CEVELOPn£NT 208 342 2627 S of cticr r_ 'ocna � tc co l :' ax: A-sio� in hand w a, Uhy -�:;n C't.• - is of Gno a^.d 2�o/3OCtb3 Dollars (iL.00?. and by thas sold and conrc7od, zct.-o+lc ed, 2v�_+ gmated, harga5--.j' of Zdaboi. second partF, It, i tan StetO bsr�adn, - dell a.'ad ooa-eT aorto •.� :eoersc:9 ::�alssigaa forovar, the rajjouiu6 d�eYbed parcel of land sih:aVed in the ;.. �' Ac'o In the State, of 1�'sbo, .toad.tr -z• of ��— N , ,i -+c �,f _ •• "� w twee n the North Vic: S;tI:C•tc .e aS�r�a�.r P,��• 3.1 p...,._ �. ^� - }„� -h Fprrc.: _r^t., °oitCro�io.ri^f�Ze+arlhed cent -e^ _ ne o` ' s� the . ''�•� •,'di'iRrit �1`vRE=r1}. rG C, -� Oi. �1Rt of U. c• 30 - ':l �n - 1 ur �c • �d and haun ca - c off ice , of tl:e Der-,-' t- '_ •5 -l��li �{�C}1 itA',% :'llr9C�7^0 '1oi•118 Y+PrythC. OiiOn�t!_: Oi 'he :r: 77 C =4 nz&rra 1 E.Ar. ,' S 1 _••-L h:�r, et `:tetion 159`92.0 of the veld 3.5hfsiANorthvand 366 feet I; r. point on tangent ep�roxl�goe1+ 3•� moanship 3 No: `h, RnnRe , L• r o[9, gd'tt - 470.0 'ec:t to ..r from the North �asrt:er.corner of S.ct_oa 9, Boise Meridien; thele e' runn_iug No_th 89.. ' S6 Me id soid SU ='aey, ri�1ch stsrjon is. a po:�,G o� .I� ;� st from the itorti.ersC co:-^ei•� �c,1Vir-atety b:O feet tio.r*.I'+and�ljn2.9 cecF ����y Mv�:dc� •. I' 'a i 9-07-1 995 3: ddPM FRCA&�CLARK DEvELOPMENT 203 342 2627 ,o�, D. 6 1'� ranted. here c7 .,,- __--- ditcnea ••,. - ;, the. hi Amy w w ':here is elan g a37 i�gatJ•on and d:�� t'on o� � the p=oF°r coaatr+zr. = , ortri for rolm&t,ions0' nece 3J -r7- ,../� I. faco drain ditches, D ted erty. I! 00'%Strdod c.,tir+v'i' f res �► gip' tvd ,0 rig� 't;,�-��, • � -. . _. ht of Con'si:•7bt'4on o. rE� � r^ ^� • ��$� 1 �, ` :3t the soloense.�+>T'="°t3`�' I boa&-"! :.du•ya:.�•to�"�+`' _n_J1: ��� n�rial_•.Cts " .� ,a' .. ter- �';;.'s;:..� t - RIO (Seal) 1I (Saar , _.•[: C: / �-=-•� ; :> � (Sea'.) f1� r of t OUX7 4-9. be:orex ° I .r r day of _ , .'---^-� appeared �7..� .vhich a ;1 ' Oh t!tis St7.1 stc pe.sonall7 ?ublic in and for a> a-� .in&....... :.nbaar►bed t° I� knoera to me co be the { l son .... w o�se naax.. ,. f -• "' :.... ._..:. _ ..-.....-..executc3 the u '°°' ' aad ecky+ow argot t°'ae th"t..._-.._'.-- . .. r t �kc 3 and tSfistad my zffioal and the day Rnd yr• r cctif•.cn e e �.t DF..I have hescunto .� my .(� ......_.._-•....... •T7;1�__", r .. �;j _ .._ aad tot t. Scr, of ;i �� COgt(n.SSion Grt:a: lzna2ry 3. 1%,1 I� . � ck ,' I it .�,'��•�'. 1 U moi" Il 5-07-199-9 3:,15PM FRal CLARK DEVELOPN NT 203 342 2627 -ju '3�, fz.-30:13 who=SOcv(! t' all A by thc38 P-re13" D. 7 A will WA-%CV.Ns '.�I — — ,:4_) ,.,njj md mfias-'Ten�. at5amnt to 1,0 above 91=- nted here and A S.3 �130 grIL 34 cLitebas tog - .7.e. t3.,:: and drAiw, trect--on of the ...'T rollocaUO-I Of 311 .9 tZvper conf to to th drain ditch as » j d roll P, erty-, "4' od on la' 7, f CA* by f cnstntc t&on or rcicZ'ti':'n or 'f' the 3010 dense Of the I and WHF--REOF- ted by itv�— thc�e pv:•�eyLS to 1,>c e'oc" If" i.�elltns r q ----- inc. Tk*f3t S to be L --nor rMST; cz. TTA —,r - A— ""0 e igw:51' S Notary on t� (thecorp-ltfm wbich W-mt�' . cg fc):* .......... ...'Nbscribba to .......... CCU -ii the $a-ZAL ............. ... w .. ............... .Ax v day and Yc r ill t"11 9w Mxod my :16c:ial " tl //7 ........................................ j: S . f ...... Flbl,; ir for tb rA%o j 0 C) N' V. 0. C. -6 V2 1 W_ - I:rrrrpltcrt �wsal 997a1 . (�il113 e.%prerment, Na.4ul. !7th day of L'a-:A .lT .• N-t.•ca. X•+rpa k Meridian Irrigation District. flnt Peru. •,d J. 6, _c=l rhe,,-, and air rt:•s-o.n!e O. :'c 31rne7. wend partio. I11I1•00srii: Wilma.. second Parilo.re the •.goon of the fsll•wl.g tend le•.It: Tl -.a Borth pelf of reetlor. :-Ines in Tt•nrhlp three rortn of :ori• one. Ssrt of a:Ire L"erldlon, e=teptlnC the-rf.-Q= the cord.=get ore -fourth Of tL• eouthe•et one-!oarth of the no:tbneet one-'our:h Of cold eeotlen Mrd. in Aiu Ceohlr. Make. with a rater right arprrtrnant thereto from Coiw Civet lhrwi is :he C:Jr:du.eh Carnal sad first pIrly. u the o%Ttr of uid -L has hcrriofore mainuined and opm W the ..scow =4 dcliYRd the tater to whi:h ovoid Nni� have a richt to thein sad to their 1—Jeen.ers for an anneal enainasus.a cha"We peal in advance Of the ire::at_•ao as assn: a.^.•1 lllirsra.: The p•nito herr• dcaire Ie reach an arrecnw%st as to I!" pnga-e wrtin d of dltenniein: u:J annual rAarie to Le paid in I.l.rt: \•s, iirrdarr. .4 a ramydrk r4llrnsent of aU difkras:a•. tet. gen uid panic rr:a:iee V u:d dur;e :n the pit ...J to estswish a per -octet e.Ih d for fiimt the as t and tine of paim s in %k tutor. Use prti.s a.— as (ell...: liral party a,recs :. Krferns Use annual maintrn:nee war: es atom of Mist water rich; of .ectad part;. and le &;iv; r Ilse %iter periseic:Jli- herclter to which eero-sd partic. have a right .:orin.- the iniC3Ljm %ssen of rad% year lab Jw L-ter.l it the paint where sesowd p.nirs 3rd U•eir rnd.ers.ors I.xve I.— aecvstue d to na;er the sane, and second part:c, and their .•Oce Y n in lit':e to raid wits, right eRee to par fn.t pa.1r •n 11; for .ail weirs• a naialcsMa charge egea) to ­!,J:of the nrseral mninlrtante rate an I: WMI veh .. eke riISL. bw F,llr IeviN ky fiat port; a:aina L r..W within the r{.tr:w :sr the previous roc, under Scct:en 4:31. Con -14W Slsbses It ldche. 1'rv,:d.d. sA t In r.%. t e%ill seennd parties aver te m. geirad to Nr art to c.nlriWt, to the Pa)vwnl of the prirc:pal or int. ­ o: any I.wJ.J i:.Ccs.l%dec-a of the frs1 rally. mr t., contri'mk- in any manner to Its sirkinr fund w rcun-c h n): nor to U:e P sne,t of LSC romtr Gon test of ks irririt; % r: arks: to. the mo atruetion, or malntroame c-1 of IL. Aralnaee werl... u,&, er +%:n=sl to this contract. Tke r.Lsrn ! mnintaaante art to Ir paid In adcanx on or lcfon the fir.l day .f Arri: of e- 1, rear... fin: pant %'i:l le uInle, an orJ:ea::en to make Jdiverr Of ..ter until palsrsrnt his I— made. V_ i.;.. -j_ This: wl.+%: panics Paha:: to enlilk.l to • «pr of Jut aswu-1 alakmrnl of the siarrirwd rtprmes of the Xovkt :.•arJ in the nu..:h of lz+ each ter :e 1u land •.Dora aW 5,st pari; will plot. %gond part" en its rroilinr li.t for >.-k: stst„nenta, -J If for am resin they Jo rot r.crin the s: as.r, the! r:ull br runls:%.J a cow on oppik-11., It If funkier •rrtrd that mist wake riot.( of second renin :a Iron the 2.niso7rial:en divoted fr.rn "se River Iq C.r Morris Carol to list car Id:..the Mme Lina the Oral •DAerriIGi the I:S!c+lnut!. Ccoal y.l. of nest pane, end fou panes mire! 1e Adopt a rc lolkn cLL.dfyinr yid Lund ...d water rid,t 1. Mid .prnpri• ;eO onJ in the nrsl das. of wa:,, rights Appropriated ter uW can•! from 1:e1se %Irrr. It Is further ..-read that I;" %r_•.Intrnrnce'hartr• for -id :•.J for 1:•_I shall 1e r--1 !7• this—Arsrt. and in ease patssent h.a Leer, -k thereof It a higher rale than he.vin prsvtd..l. the «c' -s shah V crhlil:J -Ion the maiotewar%er'kZ. 1 for IM This Agrtetaent.haR perpai.nlly- hlnJ Cr parties. their Fein, wcr.s»Pas .aJ au1R�. .1. Illilnras Rlirrrsf. The rr%rsWr.t of fl,t Party has Lenin. afn.ed t;W one of saw D:,t.Kt ..J his Agnal., :+ execution of this arrves.rol, por.vart to a n-eturlon of fts Lased of C:.rcbes. Irrrie(ene .!elf wd ree..l sly •J•gAeA, aoth.rss• Inc w.4 directing him rb In do. and the SccM.ry of neat panr. In Ilkr marncr .oth.rUcJ c•.d dind.•C hu nitrated the art.,;. :ten hereof. and In wile w. Ih,—f, the racend r.nle. Aare hernnte .Ruse.) V.rir dgrot.res Use Jar and year runt atev.• written SA)IPA R II F:ItID1A5 IRItIG.\TIO\ DISTaICT. 1M'_XRAT__ °_:.:.) Cr S. L. :.e. -.dell lrr.•i1e+e. lint Party. C. _o3lrne; Arrirr; err. :ousels U. VmBlrreF .. .. C' a� cresr:e ry. $rcoel }art ►1•Ir d les;•, w=a ai COV .v: T 0/ On thD Y7th der of '-�-`g•`. . 1:^_1. !cf••n• est. L•al�AL . a Sour' Y.Nk m crud fw •aW l.k, fcrrnaa9: a-�v..: J. `" '_c3S.-n•;, art_- '-art::e C. L'c_lrae;• L-srtand oral •1!e, kne%ss b me V be Lae persons whose nasus •Par rah•crilel u Ne . iJ%:n /N:nn r.l a.J xlnor:'d;ad :•. :-e :hat L%. y -re the sense. IN WITNESS U IICAEOF. I hair %.c to Pact n.y Saud and •R..d my stout ural the star -I'd res' is this crrtiticc:� first ab— wrinsw (3FAL) ,fist. of )DQ•. Inc,«krrr, %c tet. IAt.w. COL7TV Of AOA \ u L. S. Lo:iht On this 2Lf der at l'•r . in t%, Year 17_. lef.m ssr. a Sesry P•aDlie. xrs•nallr aPrr•re•1 I!. L. Ina+!ell sod I% D. Cts,. L._ 1 to soc :n h lM r.-s«!ent and &crr:anr-.r- per`.•t!m Lha. crew -ca Ihfa imtn'- nL I'd 3rine.kAr. d to me th.t ..eh rnrt :.'alien ease ...4 :he w:Par. 1% UlT\LeS Wil Er.EOV. 1 hv.r ter.-..w:e Wt m! Sand and a.T..rd n.• ,sC's_.t Wal the day And year i. this ear:..•.ea• - Gnlabove.ril:ra. C. F.AIESt V -!-,v 1,.W;, lw rd•M. 1!':e 1 P.nflraer. G%x I.4%.. Filed !or 6eten1 .1 -.%. m;•vst of S'...s;:. i )Ic riEiaa Irr:.ot:en Di•Iri,-t. It i:!1 ;clot A. .'.1 . W. l -!s day of Car t^-•'-. r Ftea, t ' Arm C...ry. /[c!.. r" A'. :itl:�••e.' r<� ! UN I.f�•yjprda �' ilw+fi m Ir POWER LINE EASEMENT --. - r ol...--__• - r. =�.--•—_fit -.—_ —_� -.Y_=?7.,�: c ^mer to POWER •"^� .s I,.r'e:✓cwra:.:a sod a_-SiCstr, e uE oth-r •--- --•- - - - <aiuJ.:•. coal;?C -==:, receipt of wWch is bereSr sel, lcdle•l ■ riEht of rar sed easement_ for the erection and contiou<d - ol.eu:ion• malaterancc. trl•air.-41c:2:ioa6 impcc_on and r.o:acrmerr-or- ti, Jretae L-aaaIDiasi42. bis :c:icn =d 1:!;c4one :inn _d circuit- Jthe Grantee. arvhc•d rr4e or rt•••r.- ruyTorty toCc:1-r :U;i -E4j•r_ coniums -cad c•�u-etta;b_ecb _ ■ S :aha :-d ixFd-atal cquipmea: tFeeoa, and a c=:nct:. over, on and acro,.s the foJo�ia� rr¢titt� bel4opn� to t•_e said f;oe e; ho Tcrr-nce Lawn L,�:;cri_1 Gardens Ir:. Cemetery � A and 3:-:r_t S :ocatsd _n tha northwest quarter- of ie narti:3_st ticerter C _:-ctior. o Tcnvr6hip 3N. Ran -e I-. B.M. , Teoc:':er w;;!; a!1 rie!us of is^cs am! rwa rc:ur:r7 far the full and comp!c!e uve, occupation and c,joymcst of the I Serer 6•ranted, and c!i -.*-.!Its ci? r:i:-ik�cr irhi:ent tScreto, including the nsnt from time to tient :o ea% trim sad r , :nrr,-c t:r.s, brvs!,, ocerbanging b:anchrs 2❑•1 ;:Ser vi..:rcc:ions which mrr in?urn or interfere with the Grantee's es., occupation or ,.io.-r.:rn: er thi:% osscment an.! the ere:=ti••a. a:;d repair of C:anteds elee--rieJ artcm. - Fc<racd and jA---c:cd !tai! -_..._l-3..._ ~� .: .-_--- 19_`•r� _ 'A lT�FSz: - --�-- "J Terraco Lawn ::emgria: (erdens Inc. Pre!... 7�! — -/� Sec. I _ -t• r t s No ---7- Puulic, pertna:Cr a, a2 3 ___ `-�.__ __.—_ ano •°' I !:no„v to we to be the person(.) { I 5 rain •:rnacJ the foregoing iastrut=crt ac•i a:zn-,wlr.l�-1 oar ha tzecvtcd the same free and colon. -, for t9c cus end perp oats tScrc:n 3 - -- t \o:an- Pu!•lic. residin; (X=:_i_t coal) Commission cs?ires 19— — STATE cepa:r �r �...��N✓ \ _J ; .. On this:� oar o��LF_zA_-� "L . btl4r4 ac, ^--�t!-1='�-• -. (/ r 3 a Notary Public, peraooallr appcued _ _ sad ! to me paeonallr kmown, who beiaa dolt - - II �_ t prefident. and the pct of the i:orn, did tar t.. -t t_cr are :-^r•Mirclr the a+7 - ..__...... .-4 ..1.<.....I.,t«✓. t... r.. the. .v.h ee^••!nti ages the •ane sa tt.e tier act sad dcrd of said cerporetion. - - - - -Ad,t i ('Notary Public. residing at 1'io:r.rial Sral) Commirioo spires It.1 C-13 112 _ 1959 __ - - -_---..rv,-.•.-�r�..x-...a�.+�•+'=r_-��oac __ r.>ca.-_.Jcs;c+.c_�_� ZpW.y�ti[•4 f1.!(iUl%4�v 7 I L ! h • 1 �i -77-77 1 f-y` `1__-'��:I:::IUICi v�-`l.�-�I •_-- 1. Y 3 x• VERN THOS oder. n )eccion. y, - ^8i1e1 :t o' en ' Ez- 3r.1fn3`of: j. - Project ' 1 artment .of. NW NE; o... which ,- d., L}3!�`.- O., f e e t :t Orth, Range r 2.2' feet' to. i tt 'Quarter .I -�' and 866.0 1'eer. r -as 6 , L�,. �a;^o.arns elY �•� -a=� i Last 'Bois3 1 ridian..- c�. c j :.i,rbh, Range , F �....--: . o I K 1, I 1.1 1� - _able corsicemti L-: of and o, hor �-a r accrle n6, :. i ne rrc-ceip I o�= ;he^ce:-ii:i t bcnei l tom, �.� 1 'a i : :,a'...� , ' } o y' sccow,t n �t�a -o�- r"� �:-• azd b ,hese _.a •�. :tic �.Z� �. sold and con.oycd, - ,+ 1>z_ grafi ed, ber3ained, second party, its ' -_�­Whe-eor '_ + heeb; aclrnor+_e.$ed,. �to the State.'of Zdaho, 1 t bargain, sell and'conrey deacribed pmol of '-ted `itsaud the ISI }.. orssents do_ g ' s fora-tter, the following to -rite successors and asAa�a 31. the State. of Idaho, I C�^rb of ' . S t �etvsen the North line of ect_e^ 9, lil i ri n- si sit aers1i91 co Zn striv o�. land 1_..b .a`�i ,o- mrd. a i nani.p z "e• , �:vm the fello�r`_'ng described ce: .e- lir. of Southe^..Y U. S. 30 'ro ject I:I ���,0 f, t'dl�ta'1t let-- of es surveyed si:o-n.on the cfficial p-. Of tt1z 0,:)artment of Hi hay Surrey o:� file i� the c='`ortion of the ,'.�± of - IN r^-3281(5) State of T_dsho and lyin; in a p _ s�' rvh °alis o t}:ec�; .. . EAst, Pot.Se Ttvr{ di tai. q.8. of : he ssi.d Highway. Surv" ', wh; ch cl a t Statior. 155.5 0 -,fest BeginrizP, tangent approxi -lately 2.7 feet Norah a _d 431 t station is a point on tangy er of Section 9, Township 3 Borth, Range East Porn the North G`uarte-, corrunning Nort=, 89°59' East .- 'x.32:2' feet' to. i 1 East, 3cise Meridian; which station is a point c ^t�nnPnt..••.- I Station.15g+92.0 of said Sur�eY, feet North end -866:0 reet 'East-from-thes ,ti Iridian;ter. a ^oximately 3.5 ;;,rL•i>., Range i pP rt_ 9, �c,�rn�of Cor __ . ISI ti 1. aP - ]S.c -0 E. --Up— c that porion 'raa�✓ d ied bT.public' acres of Loa O.lt9 acres an g 0:2 v right of vqy re &C being aPPro,dtmta79 — scribe3: I;I •fir la-- - - - _ pu--tenances there- h, tenements, hi--_dita=t` r-nd '-P TOG-,IIERkith all and singular t the reversion and i-eversic is, re. -minder anCL . 1: u, Ase app 'the ea,-Lta,' right, &�j.Vle.and interea t 1! .1 to belonging 0 --in arar, thereof; arta all rer.;d-rders, rents, .issues and profits e Sae li 3 well in law as in quitY,' Of.-t2le. ;art of par.. ribed prc: iie 3,ii singular the above mentioned and des. 10 XD- TU and An& ol the ascond.part, arid to., i ta 3ucce3- the &ppurtinanc eel unto the party . - ­ .-A . - e fi-.--t ;a. ., and ."heirs, t:1b together with and rkxr.t--. of the �jqns Torover; a of the parV of'the second part, its III -jo- s and aA.- 1_e��S_Se3sion s in -the quiet and �eaceab of the- first Daz­., and said prenise thea-�-I'nst the .said ?art law . ful3y claiming or Z� claim i successors and assigns, -every person aid �Grsona whomsoever,. agai.-ist all and eTC . 'rover MMND� and _ I WARRMT and by these present, fo thesame aynU and';dil' acent to the above, described real proo bw easement adj tux- sur There is also granted hereb. 3-11 a es and such all jr::-igation. and drainage ditches and struc he *highwiLY to'be V, for relocation of t ' tion of 0 erty to the proper cons ruc.- pay be necessary Taco -drain djt.ches as. constructed oii said real pyoperty. 7­ ShOl b e of right of waY fencing by Zt-Ion &F'iFelocaticn at the sole dense of the no -See: haveherennU set_mi� cad, of uczn3er (Seal) �A- C7: (seal). mot -n tv of beforeme. the urdersi :..ed, a, HO.taTY On this day.01. f-peared ?ublic in and for said State, personally a- blor.,n to me to be the ..'_Subscnibm p,� ..... wbose nBmeO ....... . ....... the fo:egoivo instrument, and acknowledged to Me extjmto .,ct veal tLe (Lay d year in this a ray offida I IN NVTTNFM NVIIEREOF.' I b�TC m, hand 65CAt! RM above written. ...... . . .. . ........... Not&ry Public and for the Scati i . ..... in Y!:,- . . Residing at A - ------ - -- - ---- --- G EX;1. e ;3 0 n -0 -I _ eable P-ossesalo:, of the ?arty of �`e sec? d .^� 3.5 in the cede AIS :enc �_ ti^ =_a : r. ? - •'=^_:-t .so. as -Fig -.5, ags. b.c .raid plat :1 -.' •' _ ,-?per-,:)ns vhomasoeverl lavtully clai.-:�a c- to claim iI and against all and every pe yon and pe 1.1 s Same shell and i/i11 Y.R�`�T and by *hese present, forever rIs� rstri hereby an easement adjacent to the about da3cribed real poo - There is also gra I; ortrJ for relocat'_on of _ll 1� "S- �4=' ate-' dr�ia'ge d thea and strut :u: :s and st eh a•lr- II Este drain dl••che3 as =7 be necessary to the praper corutrvct'_on of Lha tughtir<.y to be (•I I:I constructed on said real pra?rrtc. I !! I ' ;l _ �¢ _ I•il r , I -- shall be b icnst-ic'cioa or e- ca 'of right of way fencing *. mss...-Y�N D r at the 3010 -impense of the 4 A %o t_e•�bo- *. �-, i gib \ rjll - - - —.- — - ' ---- - -' I I�) "u -T- ,I - %c- hay P hereunto set .. ., _� "+ I UctPae19S6 I hand S and seal S this y : _ , f — i (Seal) Seal) STATV- OW 33 (Seal) County of ---------------- . (Seal) the iude si ed� aNotary lo_4before me IIi I iIn ind fo- sem.- -zonally appear 'tblic iee i -subscribed to 1 : �DR•7 t7 �^ :7 J7 `G^.� ...-r �._.a.. .^.L•:d Gia.X•.'.lG._.._... i-- _._ i - - •� cecuted 1$16 "tame.' i i. `•.. 7 .-'._ ,..:. •i. ed 4O Dc that___...._...-- ,wC :O.=oOL^^� =:11 ..12_r...f�-����Y. =\ ' _ _ ..__ .. hand isfd affixed my official teal the day s d year in this 1N %41-NrE.c_ �"rc�lto vt my cc-U.,kav: firs: el, _ • `tit'• .......... 7-- — Notary -Public in and [or the Jly •.`i.-.- /C�!✓ -,'-arc ��► Lr�•v— �------- ��� �j;�;ni5sioa Expires Liar. Y, ;951 O0. W_i • +✓+.:itis _ - . 7r. ^_Us,�_'>--i�S.�.�•::^C.'V•."'^ No. L• _ •I rn cel na .'.Li. )od 3r 1:E,Ss PRss-v?M,`Th + Te ac .Laver T� _.ort al' Gardens, c. countt`•or:.. -Ana ,_state,or ^,.fL"t - ' « d on. :acco MT, or certain-benefl is : io:'iz._"'.a Sr a =d ai oTn_er ralozbla t onsideza- i:� .the. and'Vie'Saz--of,;One:cnd lip/IOO s Iblla?'s_( i:00}.in hand paid, t219 re^ ^t�:: �n3 ereor.is hers ha='Q`giaoied, baxgai��ed; s°1d_�d;.conTeyed—and--by these lNX ' _aclmotrledged, p o en:s do Eb.ant, bai�ain 'sol)•: Q boncey_mnto.the State"or.Idalio, second"Pa�'tY, its `. s and' assiBss the-rouowing?'deece-5�ed' pares) or land eltuated�in the 1_ .ccessors. .rorever, G .Unty.or ads in the :State or zc.aho, to=xit: . . A strip of land lying situate ba ween the North- iine of-.Section 9, 1 s parai. ai to crdl,;. io:;nsnip 3-North, RprQe 1 East,- Bo'_cc Meridinn, erd' .1'_..^.e center. i.ire of -)9.0 feet distant Southerly. f rom the- fo?loainE .described-* 4he official. plat" of- U .'S.. 30 - ?roject I= V� yed end ho:.n cn ^rh:ra� s surves i ;o. y Survey on rile An. the 'office.of- the Department of - of - t!is • State of Ids'no and" lyini; in _. oOrti rim of. tI19 I1ny�� of Township 3 East,- 50_3c, Far dis FJ ... .-. 6.�`lnning at `station _c;9-W-0 of the said Highway Survey, whit c station. ispoint on t-nrc^. -,; rox_-eq*_.ely 3:5..feet.Nor th'and'86c. ) feet .a the North Pu;trtc. ccr-.. _ of Section 9, Township .3.1.orth, Range '. Enst, Boise iieriois^; `.hc-. , .nn!nF: North 890591. East --470:0 -fc^t to i tstior :SLI+C2..0 0* -.:-.,ch _c. ;scion is. a point on tangent r y -��resi:..+tcly 6.0 1'e c :' =' rect. �/cst. from the. Northeast corner) - 37 Ezzst ' 10 rl 1 ': it ' 11 - I I .�•�=,'tom-,:. 3.=a 01 OV 0.. to h-Lnd Pal -C, '109 L)O)l to coaVC7.,d) d b U Dollars U-1- sold and 4 second Dart"p - at C, -.FjC(L,,edj ha 9MInt to t:.,a stato of :[daho, ;A -in the -clalo L -6r Un PoLrCe of land sittlate ,arggin ,-sell an(! convey t 5 dc. V t Y r the rollowinj 'AP, r leaho, the State -0 c - - Un North 14-nc e t a e n !In�- s^ �! n g sltuOt ata - lond 1Y- cnter C_ I F. v - -0 4 desdribe !cc Z 71 0 0d -ko collo:*-n lit, of' U - SO -n f the 7e ca: distant the off-Ic'01 -0 !�tirvev.0d'Ond .0 wn c;7 An.the'O.rflce- -in or the ny Stirve-Y 0" in -O,t.i,- -Y;n -dcho and nl� ane SLste 'O_r Township P -) " - Survey, .9 2 t e Es iiiFlIwPy and feet :t 159-� t 'feet North 13 3snp:e 11 0'. ly ship 3 I-TOr`�"# �jq _e ,.,_ate t station tsn r -.e n' , 03 t! on.9, Town re:t to T)Oivt on Of sec. rest - A70 - J --_Ion -en.'cO."ne -o 89°591 . the -forth cuart r t f'rz::,. running, -h on tenre, t Boi 6 Meridian; thence t, I on Is -9 point �-ps� corner, s J. c h stp West. from the ijorthe feet Survey, th '322 - 9 m-ridir-n- Of un iz-4 emd 1 P- - t Nor 6.0 fee1.1 �`- -- TL15'ISER kYt;,h all. and si.agrlar the ten�or3ts, hereditaments and zaFar-.c:�z:es �2 co=: unto beion ing or in anywise. "appertoirlrsg, :the _reversion' and• zvversions, � .->_ainders� rents; issues'and profits thereof; arid'e]l'estate;::igh., lit: --md ntnrest _,e ti+ Lh' said ta-ooe.-, es ��11 i,'i lav as in egt3t�� =of afire said part of the ' in and. _ ---: - •rp ILA A'M :D EDI;f� Lll and sitgul3r the above mentioned and describes p_e�ses, 1I together with the appurtenances, unto the part7 of toe second part, and to .1 s succes- „^ �� -...i �? =gar ., :7i•'1 cti Fors tnd r_ ^ ' sioa of the party of. the aeco.A Dart ae�Lt n^moi seg Vi.I:. .*fie Tet ° -1 _eaceab-e posses r- - , successors cid assist.+,. ago nst c =- . i and against all. and every p4iMn.and parsons whomsoever, lavfttl]y c irJfnb .o: •to claim the sae stall and vill'NARR' NT and by these p-esents forever DFFE�. m ' I :nere is �1saigranted hereby an. easement adjacent to the above described real plop- :. ort j for rolocation taf all irrigation and d.ra�inage ditches and on bf the and ytto uch Sur- art- - II ' I;I face. drain ditches as nay be necsssazy. to the prope�rconstxvct_on of the tiigytray f j cons true ted on said real partY _ -- Construction or re_ocacn of :fight Of Nav ieICi.^o s3a11 P by •- i etsse of :.; „ ; c ° Iat the soic --r' iboar.' he A ,;. .norial Gardens, ar S IN ... ca..... _ ...... ., ;Is'•il-t-a-�-�-.% and-----`. ��. r '{ day of.--- 4 —-•-----• - 1G 4rL .-crrace La«n tte.norial_ _dens, Inc (Titlel _ ' ..... --- -.... _... .Y(Seal) TI 19 On this .r day of =� f before.. ,:.. e e ague 3 tfotar/ :Public in and for said State personally appeared I " l� e>`d -��t-My..of the:m?P°c° 0T%la to Inc to be the{• :.subscribed. to. •_ which ezecu person... vhaso aa--�. -•=-' - - eer ci the .s ne. —_ ._...D.....,� ....,:seat, Bad ae:navlalged to me twat_.:..._...------..._._ ;_._..._._...—_�...ex C :N XYIYINM NVBEPMF, -I bave hereunto sec my �d and cffixed my , ffiiaal seal the day and ye-ria this ' ccrtifica:e first Acme written. . ' Notrsy Publi : in and for U Stn o[.....:.... ..-•---•-- d I c _ ,5iy Com;r I ` y r 1.11Rtrl 3, !SS) ! 3 3�'• . v T I! II r I o °� pz-=t�fL lawlullY c 2-3-i d i-.c-,-3an3 DZF�11)- all r -,Mr,,,,.a .71 f v reserts 0 rsuer --fz-v- by tlesa p- =d Nz s :;-3 5�0.11 anti will "Iil� 8 'k +La abo. e de- 4vid ment, F- adjaciLnt to C:-- S,= .1. sas—* t V X e granted he—G:� ditchas std 3T., to ba -z on Of the Qf �111 Di;, truct— I WEX, 'r on. f,.:, roloca�.ion to the may 'ac, drain ditchn,- as said ert real prv?yt-. on 5 E- -c- 11*oe 7t, di. -v -o --------------------- �! be by ght of t!3y constrLictiOn or r-C1-Xt!.Cn Of at the sole expense of thc- p-c Lawn cie ns �a CA . . .. ....... ... a I I,\1 WITN ESS WHEREOF. and has cjtjse,l these presents to be executed by its ,(�?�- ......... ay of ... .. to be affixed this.---Ao� -- ------ - -- ddens ,inc crate 5e,' ..n :ATTEST:. (Title) jSjk —n. Cr rsa Te (seal) �eign -4,�I < before. Ue --.pueal-ed —.-j co 0-,, this tiein 2�nd actively, of the -- ----------------------- —Subscribecl. to -j bp -ne ..... e ......... m- =10 . a the se t::._......._.. .. and I -Mix I ed my cfficial seal the day a D" Y' r in this n IN %,e -A ... . ..... -,ttrT pubv*.; in and for t5 Sm of ..... ptc� jedng zL- Oil UP: -S JUUM-3, I960' Ct C J 0 LA 0 0 0II 1.1 I 0 7, < cm'0.3 r E-4 ca- re - ;;}-��ii_.: :.i �,.'�_ E q ccit 4 1.1 I A @ F -a -Cel F . El 'Vz F-7--7, fi- l, K'N' 6 TI Connr--iitn.Se_nJj -.Br-' n t� to.. 0 S eS;rO 0: i�L Rp Couiltr of: P 0 arott pi i -v - i Pj -& � r 1pni-I !Nn account. Of the i=d -QTZZT---�� el Islu- AMd CO n78 jed; Qty6'., `�onvimy.-. unto-, 1-7acid so prevents do --�,'gYC2t thez.s."z Idaho Coll part?'. -its: -S and zs�_Agra 10=__ h e 6 ialdzibedl f ia the State - Co ty oto or Y tu6te'.. etwoon.:. e o A s t t, of land lair.:, Z; t� rth:*lir i 'of Se c n,.. z U_ _4 A -hi Nort-- r- I -to: and t -�di , -.cn"'%: Sout, hr� r2. y f -.-am the following:. described conter 1-_ne:- of: er- survs-yed cm; on the officic-L­) 'llepartment.or .... .. the on file n 't-46. of: sr- P. z. in-a.;porfto­n' Of H z: of the 3 ,.a s on an. o w n a -^t*Fangc J E,: std= ........ ... n S ur _­W-hY :L 7 of way d --coir,i6i -d6nt -he. North proxxvintely. ..wit 7. t, -o 3 ldrtl ?Range t.""AEa slB6js"e `. Neridi e-­..nn'.n- 155+59.8.ofaid .:n. t zif toncent app'-?oximately 2.7 feet- l -North-' -u2rter'cbrrzybr-df"S* :-•tic 71 . ....... .. (3� =Tc) _md ir Td r- -It, barZ 1, 3 cI.L a JA : 75 te, -vi t I :) anter, art; S t�' ta of in Of ------ �P _ - * on T the e b e n sn, nz of y Cwj v Se S C ne 0 rlY f -,Om T'n't z distent So-ol;"i :!nd .-Ihc,:n on the nt c:, E: S in �he ol-iice or '-.-2 6n filo i' *,,-.;- -oi. Dortion c- in a of Idaho 3n VS Of the state 3 :which wh said. "-.48Y d Hi C, - il Be. •gin noroxi-nstely �ha riin�7 of Station 151+25.7 of the :)rth coincident -:_ �l 1� J a.- joyy is :a pont on tan -""T6-.-,nsbA P 3 North Range -Section 0"_ t to Station 1* 5-59.8 Of 3 -Rid -ter co -1 0 feet Nortill "ng North 89 59.1 434.1 fee ,.n,0xjv.ate!y L-7 _3ncc tai-Icent -,,- 1"o. n n I . . " 111 - n of f Se �t*".- 0, 111Survey, which station a P02-,-:-th--r.ual,ter cornar 0 j; Fzj s;.: - f-rom' thO �Nor P fee . - Y- gas t E -o i.s e- _14e.r id.i an. liklorth, Ponge-L- V; ;A '-7 2 T . DC—, ji6rjo am With &11 ap -7a -08 belonzinr, oraiy-Orofi t6­11ortD &V entay terj,. r f the :t�d ana ,m,.jonecl and and A ng the -b( TZ) itivE AND TO MU, 1117 * second)Oar'-, Dar—t, of the V�th Uhr. ao -lawfully. 2 2nd person and persons-.' DEW and against all std cv=7. bv' th . a . so 'IE)rG . 26n+,4�, forO.vow 2-1 and rMy ,jj to the abo id hereby �,n ad;;am -.. Thera s alro gmr-+, h'! - 'd is tr e'ditc as On 1.1 L.-,tf for �-elocat�-on.61:-&I! jr-rO-gat�-Ou ajxlC, . .11 t; n of: the higmmy w cs II I.the g ro?e c--;%n3truc -0 aco drain ditcber, 1-3 6teA- zm 0- id -tall rope:'tY. co -,St -..; p • g '1.at or way fencing shall.IzSE�7 A10 Cons tructior. or rclocat-'on Of f4trthCv=&g=G -b—r -badl v MY Axy 1ZVE he9re-untO 6--4 r? 1 12 (sea A (Sez Q (Sezi ------------- -d a NO toiY t,,, e %malers gne I Ve •y- appeared 6Z44 a to own VI tizeson -t.-S ------ e=e=t the Ime. to -q that- ZIOV.C�i--g nSL--=e--t, -and y"in . ... . vp - d yj-r--C�J-POF., I be,ve hervinto Set �T- . --- ....... ... ........ o ... .... . .. . ..... in and for.the Sixteo f . ...... . .. A, Z Z - 7j 0 '1Z 7;1? .Wfu!w Z:.al ar-= pirson. :-Cal L :b . st di+,che3 =d atvuctur�-s xni z--* jr-i A d dra.'i-r-' __gal—on ar to I:, lq:.stion of e __Cr C-.natructic.. of a that pr -P &'-Chcz be ne =ttd C-1 --aid ro41 pr,>p--r"Y. jin al I -A hall 4EE47 66L:--2 1wation of right of VZY fcnc:Llg S traction or r2l' f mo 0. IA herexnto se' IA na v S:. ------- '19 sZ. MY r -M! seal thio ,--(sea 1) aF ;,.,'C.. VV Of _.fere me vje Ujide- signedj a NotaX7 all -C .... �Ow e.-ecut the my-, . . ......... --and Ed fired MIT Cai seal t! --c (3&-,r 6d y mein'::-'_ '2'17 .. .......... fer the Stato of .... �R� in and --1-;Q11-1 . ............. . ....... . ........... It I z % < O:14 n 9 _J 0 C, Z J ti.�• i1.di.- _.._ ---'.✓+.2� � � �_-r. _ _ m:h.::r-�...�. Vii_. QGl.c1,A1T-( DEEM • - -- -- U ITG1 liYi !7t E D' CORPORATION ICN .4. _.. - - _ T� aa� �f ;'YoyF.✓_fes _ _.._..._.:,( (,(e T . TXDF,NTUR�:. :f1do sh;s - - N. . .. _ .__"^ ... .,-.. �l L?(„.."5�.. i -,IC. _.__—_.--. __ �-Ali-��•: L raid i .1 Cji-pol:aion duh• or' arized and e::ist:ng una�( the 1a\\'s of the SL1te.of County of— ink it: 1n ircipai office ir. MA') at__. ---' •'c1 r��`------•- : : --• ti(e party of �i :'' - j• tr `r:: f ;i:r: inh been hereunto .dul} jut: 3rized by of the sum Of--.--- - - - r (;c Paid by the said palter?_ -of the second a;`.1 ,Teased, and forever quitcr ed and does l� i s f I ,unto the said part of th'_ second part. i F r piece-- rparcel -lo P r Cc:.nt} c!_• ___°ss e---- -- •- State o' ; �r. � line -«ion. e r ii3 rid.i3n, _o•• - line ouiF ndeseribed c rter 1 :-o:e the Aof1 ___-_.Pro- ,�'... Llcial plat. i ,.., t ,c, res ,o::•n on +ne of lla 9ffi_ a of tl,o Dpi}�t ent.: , _-.._ �' (�:1_ •°:a _ �_:ya.Y.�oz+ i •� n boriion of th _ ;1� _ ` 'v fia :e c- _c ho :.-qn4 IY1nS ; n­tn -- — hwa7.. Sur: e , :hie? _2r of the saioinc3� - c ioa__�_. ?•- ----- en w1�n tre cr ui _ S..?` ..^..... ^OxiratCC �C_._ - f7er—.,�*J�. n e_1- Fast) ^oma s 1 o shi Norte .ReSgetion 1$ t�'... said _ --- �,:�: _.:li-ro fia_ telt' feet ortt - i Cc].Ilt—oi•_ tan eTlt — —1 :rh lC:1•....?_.'_ C) lOn7E _ , _ _ . - n rx J I.. :h� rth ^uar er Ir � ��sr, poi -s :.�3ridieri.._.._ ----- o arc,. . s - ....___... ..._ o_, nt. - __....:. Lior. jl.re.a6y_• cedicate _i _�y_._t(olic use - -... _ c:• o* . .:s reo-(i: Ec?bei^f �� +_ .1.. .- d - a _ _t,1� bed, .l _2 -- -hove ,es-____-.._.._-_.._....tC ., - - - , ...__.. V' 211• -2'I'_ '�1/ _ .._r. of J unr c_ tele fir%*. .,:,.1•[.::nc - i:'::i:u•i�iCp:ltay.�t ._ ^f the second pert dtli� ::t: tol•ized ?- the first Part. hrcine been hereunto rt of mm -H. That the said rn y l .— --••----•-- of the sum of___•— ---- "' "' of Directors. for and in consideration of its Board •pI,LAP.S, .•:�.E:::ion — -- --=---"-----.�.—� -� of the second hand paid by the said part._ -- i Unitsd States of Ante'rica. to it in does ; t ;money of the and forever quitcla ,ped and is hcrcby ackaO%Vied�cd• has remised. relea•ed. ,.; ••;• ;:;e receipt trhemof of ti second part, the said put—p _ forev^_r QUITCLADI, unto ease, and _ :... :..• •^ :;:c^ents remise, 1,j �.� 1, ..:_ . 10►�,pi,_ orparceL._: aucco3sors t-----•-cee-n,n----- _fi d ;..._.►_.4s/ ..:•ik _%rd asslgn5..__.._. --' 4�p _ — ..Stt1t4. t a _..__ . Ccunty cf_� ----- ; . , ,,i 1;• fl, SlaP, l4• :Y ,t:tnZ•ui andnh,:aic::ia• f 3c tion 3,North line o :.youn :Y19 �M inns nn �llgl f.4 c. r =an, U : Win' er ii►P describod=_--=-- +3U ��'�lo;gin U. S.w Pro- ; - - ^ 1st of. i _sial 31i of t�+E D P�1_Ment of tie in. - 7 se'Me-idian__. — ;.,. - .. - .. sus :,_--'t'•�..---�-= ' d o Vhr `r Ul i�.�: �I: 3 N72 Cil `v _ - coinc2aer.�,tir- ,, ainr• t l�Vr} a nasty Loire •'ie i ' I Ran Nor ==� -- E--' y r � said Sts pion — t e % Lo North a' 2.7�cT -lo --n-F-1-lip ~'1 o^.roctioii ;'. or ter ici,tc a_ayvuolic use or otter �.. _ • being nate'� - s :' Ad :GPPr0'%_7. t. efts C�S'el1 }c -- ,- Ve e ��a!n ni_KdjeCf'Tly V° _ z--- - .C• tcnAC _. Vl:Vsou fL�f+L�d uluinl: rj •' .t' :. s f]11 to•: _ie .iY'_1,, pCaaJarY �•_-��,: V aiic Fti�e--n=_ r�al.vroPertY- i : on _ nstr'µcted .t:=%'.-.` •ter � • ,- _ s>�,:.:..d..+. h�•��.a _ - - - �� af fencinc, s'zsl_ on or ... - -.� :• :I��x'..'�r�'-'ZiTv'w-��.. {-'-�_ Sw�lo !�-i.� i- mil :_•'�--- ,.. 111 ..... .._., :ll/�::. 1.+1 .., 1.. <<; l:la: ". ` }•.�:f.C:` a ' i'T'{•a.-. . .. ..,..il%.. .;.. *rn:• ra , - [f11Se8, Wgethel -Rh the rppl Unto �,x... . -.`. !;AVE A -ND TO BOLD, Al', and ;in lar tai wnveds rc t9C �s. i� assi.n:. forever. t .. �! -•-•^[ tint: cec )nd part, _ud io._= :�.,•_ ♦ of the flra pari has'6used its coiTe:ate nnn:c to 1`el i.a I,;�L(m!ESS WHEREOF The saic: pact a . _..�._ui� by i';.s--._—:--s'ressdent.a�d its corporate to be affixed --•-•---•--- seal atii by ral�...lt0 a...... a'�]-}Ca: f'w.. Rk19t NI'.tton c:_•cr:•taty �.,�uance said iesolu.'on. the d<.Y -: ' 7:_ _ -r _ T UJ�J _ _ T .R} irC� LAWN PCrrivtitR.. _\J7 ci�iled, Sealcd and De!iva ed :n the Presence of - • _ _ _ t --------- — -- BY ( G rf f 7q. '- - � •.f : Its — _.—.'resident. `testi T , Attest �" _ rr •-------•-----• � "Its---Secreta►ry.. - r:.::E ATE „m.;the-year<19__ �,b�-f '►e+'�j ` x�. 1 Not< r� Pubhc m and for said .te pe*s of r -L i _ LI J - .nf the corporation that ..ex the foregoing : - } i _ , ihe`sama _ .. :;., �, v:!•pc•:•atior. �x:xated ,< ,,:,�.::;•` 5 ed officwseal,.the day ani Year !: • et haired n Id-.afii�a my 'n}..A, rr � � -a.•-` /-�.. -.' _.__.•-- _ .ro - P,iblia for th- S' to of-ld-gf J, Residing T °ry 3 L O 77 4. .� - ', ] •.:y mss. _ . u t. . `, _ � - IFT When recorded return to: Adele Lucas Wal-Mart Stores, Inc. 2001 S.E. 10' Street Bentonville, AR 72712-6489 Meridian. 1D EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND ("ECR") THIS AGREEMENT is made as of the day of , 19__, between WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware business trust, of 702 S.W. Eighth Street, Bentonville, Arkansas 72716 ("Wal-Mart"), and DEVELOPERS DIVERSHTED REALTY CORPORATION, an Ohio corporation ("Diversified"), of 3300 Enterprise Parkway, Beachwood, Ohio 44122, and HERMES ASSOCIATES, LTD., a Utah limited partnership ("Hermes"), of Diversified and Hermes are collectively referred to as the "Developer". WITNESSETH: WHEREAS, Wal-Mart is the owner of the Wal-Mart Tract as shown on the plan attached hereto as Exhibit A-1 hereof; said tract being more particularly described in Exhibit B attached hereto; WHEREAS, Diversified is the owner of the Developer Tract and the Outparcels located west of Records Drive shown on the plan attached hereto as Exhibit A-1 hereof, the same being more particularly described in Exhibit C hereof, and WHEREAS, Hermes is the Owner of the Outparcels located east of Records Drive (the "Hermes Outparcels") shown on the Plan attached hereto as Exhibit A-1 hereof; the same being more particularly described in Exhibit D hereof, and WHEREAS, Wal-Mart and Developer desire that the Wal-Mart Tract, the Developer Tract, and the Outparcels and the Hermes Outparcels be developed in conjunction with each other pursuant to a general plan of improvement to form a commercial Shopping Center (sometimes hereinafter referred to as the "Shopping Center"), and further desire that said tracts, the Outparcels and the Hermes Outparcels be subject to the easements and the covenants, conditions and restrictions hereinafter set forth; TEHM&W 287171.07 11/11/99 NOW, THEREFORE, for and in consideration of the premises, easements, covenants, conditions, restrictions, and encumbrances contained herein, the sufficiency of which is hereby acknowledged, Wal-Mart and Developer do hereby agree as follows: 1. Building/No Build/Common Areas. a. "Building Areas" as used herein shall mean that portion of the Wal-Mart Tract, that portion of the Developer Tract and the Outparcels and those portions of the Hermes Outparcels shown on Exhibit A-2 as "Building Area" (and "Future Building Area" and "Future Expansion Area"). Canopies may encroach from the Building Areas provided the canopies do not interfere with the use of the Common Areas. b. "Common Areas" shall be all of the Wal-Mart Tract, the Developer Tract and the Outparcels and the Hermes Outparcels except the Building Areas. C. Conversion to Common Areas: Those portions of the Building Areas on each tract which are not from time to time used or cannot, under the terms of this Agreement, be used for buildings shall become part of the Common Area for the uses permitted hereunder and shall be improved, kept and maintained as provided herein. 2. Use. Buildings on the Hermes Outparcels shall be used for commercial purposes of the type normally found in a retail shopping center including, without limitation, financial institutions, service shops, offices, and retail stores. No cafeteria, theatre, bowling alley, billiard parlor, "dollar" store, night club or other place of recreation or amusement, or any business which derives in excess of 50% of its gross receipts from the sale of alcoholic beverages shall occupy space within the Hermes Outparcels without the prior written consent of Wal-Mart; provided however, nothing in this Section 2 shall be deemed to prohibit the operation of a national restaurant chain similar in concept to Chili's, Applebee's or the Macaroni Grill. Hermes recognizes that said businesses may inconvenience Wal -Mart's customers and adversely affect Wal -Mart's business. Notwithstanding anything to the contrary contained herein it is expressly agreed that nothing contained in this Agreement shall be construed to contain a covenant, either express or implied, to either commence the operation of a business or thereafter continuously operate a business by Wal-Mart on the Wal-Mart Tract or by Hermes on the Hermes Outparcels. Each party recognizes and agrees that the other party may, in its sole discretion and at any time during the term of this Agreement, cease the operation of its business on its Tract; and each party hereby waives any legal action for damages or for equitable relief which might be available to said party because of such cessation of business activity by the other party. 3. Competing Business. Developer and Hermes each covenant that as long as Wal-Mart, or any affiliate of Wal-Mart, is the user of the Wal-Mart Tract, either as owner or lessee, no space in or portion of the Developer Tract, and the Outparcels or the Hermes Outparcels, and no space in or portion of any other real property adjacent to the Shopping Center which may subsequently be acquired by Developer or Hermes, shall be leased or occupied by or conveyed to any other party for use as a discount department store or other discount store selling a broad range of different product types and categories of products or as a grocery store or as a wholesale club other than Sam's Club, provided however, this Section 3 shall not be deemed to prohibit the operation of a clothing discounter such as TJ Maxx, provided further however, this Section 3 shall not apply to a category retailer such as Circuit City, Staples or Bed, Bath and TBH -maw 287171.07 11/11/99 2 Beyond, provided further however, this Section 3 shall not apply to that portion of the Developer Tract currently leased by Shopko and to any expansion of the portion of the Developer Tract leased by Shopko and to any successors and assigns of Shopko and any replacement tenant of such portion of the Developer Tract leased by Shopko as such space may be expanded as provided above, provided further however, the prohibition as to a grocery store shall automatically terminate and be of no further force and effect on the earlier of (i) that date which is five (5) years from the date that Wal-Mart acquired the Wal-Mart Tract or (ii) that date which is two (2) years from the date that Wal-Mart first sells groceries to the public from the Wal-Mart Tract. Hermes further covenants that as long as Wal-Mart, or any affiliate of Wal-Mart, is the user of the Wal-Mart Tract, either as owner or lessee, no space in or portion of the Hermes Outparcels shall be leased or occupied by or conveyed to any other party for use as a pharmacy. In the event of a breach of these covenants, Wal-Mart shall have the right to terminate this Agreement and to seek any and all remedies afforded by either law or equity. 4. Buildings. a. Design and Construction. The Buildings Areas shall be designed so that the exterior elevation of each shall be architecturally and aesthetically compatible and so that building wall footings shall not encroach from one tract onto another tract except as provided for in Subsection d. below. The design and construction shall be of high quality. No building shall have a metal exterior. b. Location. No building shall be constructed on the Wal-Mart Tract, the Hermes Outparcels and the Developer Tract and the Outparcels (as either immediate development or future expansion) except within the Building Areas and no improvements or alterations on the Wal-Mart Tract or the Hermes Outparcels which substantially vary from those shown on Exhibit A-2 may be made without the prior written consent of Wal-Mart. C. Fire Protection. Any buildings constructed on the Developer Tract and the Hermes Outparcels shall be constructed and operated in such a manner which will preserve the sprinklered rate on the buildings located on the Wal-Mart Tract. d. Easements. In the event building wall footings encroach from one tract onto another, despite efforts to avoid that occurrence, the party onto whose tract the footings encroach shall cooperate in granting an encroachment permit or easement to the party whose building wall footings encroach. e. Outparcel Development. The Outparcels located on the Developer Tract and the Hermes Outparcels shall be developed only under the following guidelines: (1) The buildings constructed on said Outparcels and Hermes Outparcels shall not exceed twenty-five (25) feet (including HVAC and paraphet) in height, as measured from the mean finished elevation of the parking area of the Outparcels and the Hermes Outparcels. (2) Any buildings to be constructed on said Outparcels shall not exceed 10,000 square feet in size. TEH=aw 297171.07 11/11/99 3 (3) The total aggregate square footage of all buildings constructed on the Hermes Outparcels shall not exceed 30,000. (4) Any rooftop equipment shall be screened in a manner satisfactory to Developer. (5) No rooftop sign shall be erected on any of the buildings constructed on the Outparcels or the Hermes Outparcels. (6) Except as provided in Section 7 below, no freestanding identification sign may be erected on the Outparcels or the Hermes Outparcels without approval of the Developer, and in no event shall such freestanding identification sign exceed the height of the shopping center pylon sign. Notwithstanding the foregoing, there may be erected entrance - exit signs to facilitate the free flow of traffic, which entrance -exit signs shall be of a monument type, not to exceed 3'3" in height, the type and location of such signs to be approved by Developer. (7) No improvements shall be constructed, erected, expanded or altered on the Outparcels and the Hermes Outparcels until the plans for same (including site layout, exterior building materials and colors and parking) have been approved in writing by Developer. No building or structure of any kind shall be erected on the Outparcels and the Hermes Outparcels except upon that area designated as a Building Area on the Site Plan; provided, there may be constructed and maintained a canopy or canopies projecting from said building area; normal foundations and doors for ingress and egress may project from such building area; and signs may be erected upon said canopy or canopies, so long as said signs do not obstruct the signs of Wal-Mart. (8) In developing and using the Hermes Outparcels, the owner of the Hermes Outparcels shall continuously provide and maintain a parking ratio on the Hermes Outparcels equal to one of the following: (i) fifteen (15) spaces for every one thousand (1,000) square feet of building space for any restaurant or entertainment use in excess of five thousand (5,000) square feet, (the same ratio shall be provided for a McDonald's Restaurant, notwithstanding a building footprint of less than five thousand (5,000) square feet); or (ii) ten (10) spaces for every one thousand (1,000) square feet of building space for any restaurant or entertainment use less than five thousand (5,000) square feet (subject to the exception above); or (iii) six (6.0) spaces per one thousand (1,000) square feet of building space for any other use. In addition, the owner shall cause landscaping areas to be added and maintained in conjunction with any building or other improvement constructed on the Hermes Outparcels. This Section 4(e)(8) hall not apply to the Outparcels located on the Developer Tract. (9) The Outparcels and the Hermes Outparcels shall be kept neat, orderly, planted in grass and trimmed until improved and constructed. This Section 4(e) shall not apply to Outparcels which front on North Eagle Road and which are south of the building line of the primary building improvements constructed on the Developer Tract. TEH:Maw 287171.07 11/11/99 4 R 4F 5. Common Areas. a. Grant of Easements. Wal-Mart, Developer, and Hermes as grantor, hereby grants to the other parties, as grantee, and to the agents, customers, invitees, licensees, tenants and employees of grantee, a nonexclusive easement over, through and around the Wal-Mart Tract and the Developer Tract and the Outparcels and the Hermes Outparcels, as applicable, for roadways, walkways, ingress and egress, loading and unloading of commercial and other vehicles, and the use of facilities installed for the comfort and convenience of customers, invitees, licensees, tenants and employees of all businesses and occupants of the buildings constructed on the Building Areas defined above. Notwithstanding the above, in no event shall the owner, occupant, licensee or invitee of any of the one party be permitted to use the property of the other parties for vehicular parking or for any other purpose other than as described above. b. Limitations on Use. (1) Customers. Each party shall use reasonable efforts to ensure that customers and invitees shall not be permitted to park on the other party's tract. (2) Employees. Each party shall use reasonable efforts to ensure that employees shall not park on the other party's tract. (3) General. Any activity within the Common Areas other than its primary purpose of the Common Areas, which is to provide for supplying and servicing of those businesses conducted with the Building Areas, shall be permitted so long as such activity shall not unreasonably interfere with such primary purpose. Persons using the Common Areas in accordance with this Agreement shall not be charged any fee for such use. C. Utility and Service Easements. The parties shall cooperate in the granting of appropriate and proper easements for the installation, repair and replacement of storm drains, sewers, utilities and other proper services necessary for the orderly development and operation of the Shopping Center. Both parties shall use their best efforts to cause the installation of such utility and service lines prior to paving of the Common Areas. No such lines, sewers, utilities or services of one party shall be installed within the Building Areas on the other party's parcel. d. Water Flow. Any alteration in the natural water flow which may occur as a natural consequence of normal construction activities and the existence of the party's improvements substantially as shown on Exhibit A-2 (including without limitation building and building expansion, curbs, drives and paving) shall be permitted. 6. Development. Maintenance and Taxes. a. Development. (1) Arrangement. The arrangement of the Common Areas shall not be changed in a manner inconsistent with the provisions of this Agreement. TEx:i-w 287171.07 11/11/99 5 (2) "Parking Area" Ratio. Wal-Mart agrees that at all times there shall be independently maintained on the Wal-Mart Tract parking area sufficient to accommodate not fewer than four and one-half (4.5) car spaces for each one thousand (1,000) square feet of buildings built within the Building Area on the Wal-Mart Tract. Developer agrees that at all times there shall be independently maintained on the Developer Tract and the Outparcels parking area sufficient to accommodate not fewer than four and one-half (4.5) car spaces for each one thousand (1,000) square feet of buildings built within the Building Area on the Developer Tract and the Outparcels. This Section 6(a)(2) shall not apply to the parking ratios required for the Hermes Outparcels. The parking requirements applicable to the Hermes Outparcels are governed by Section 4(e)(9) above. (3) Staging_ License. Hermes hereby grants to Wal-Mart a temporary license to use the Hermes Outparcels for construction staging purposes. Said license shall automatically expire at such time as Hermes commences construction activities on the Hermes Outparcels. (4) Curb Cuts. Developer agrees that it shall at all times maintain a paved drive aisle and curb cut from an area north of the Building Area on the Developer Tract onto Records Drive. Wal-Mart agrees that it shall at all times after the initial development of the Wal-Mart Tract maintain a paved drive aisle and curb cut from the Wal-Mart Tract onto Records Drive. b. Maintenance. (1) Standards. Following completion of the improvements on the Common Areas, the parties hereto shall maintain the Common Areas in good condition and repair. The maintenance is to include, without limitation, the following: (a) Maintaining the surfaces in a level, smooth and evenly -covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal in quality, use, and durability; (b) Removing all papers, ice and snow, mud and sand, debris, filth and refuse and thoroughly sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly condition; (c) Placing, keeping in repair and replacing any necessary appropriate directional signs, markers and lines; (d) Operating, keeping in repair and replacing, where necessary, such artificial lighting facilities as shall be reasonably required; (e) Maintaining all perimeter and exterior building walls including but not limited to all retaining walls in a good condition and state of repair; and (f) Maintaining, mowing, weeding, trimming and watering all landscaped areas and making such replacements of shrubs and other landscaping as is necessary. TM=aw 287171.07 11/11/99 6 (2) Expenses. The respective owners shall pay the maintenance expense of their tracts. (3) By Agent. Subject to the mutual agreement of the parties hereto, a third party may be appointed as an agent of the parties to maintain the Common Areas in the manner as above outlined. Said third party may receive for such agency a fee that is mutually acceptable to all parties to cover supervision, management, accounting and similar fees, which sums are to be included in the general maintenance expense paid by the respective owners of the Common Areas. C. Taxes. Each of the parties hereto agrees to pay or cause to be paid, prior to delinquency, directly to the appropriate taxing authorities all real property taxes and assessments which are levied against its tract. 7. Sites-. No pylon or monument sign shall be located on the Common Areas on the Wal-Mart Tract and the Hermes Outparcels except signs advertising businesses conducted thereon, of which, there shall be no more than two (2) signs on the Common Areas on the Wal-Mart Tract and one (1) sign on the Common Areas on the Hermes Outparcels. No signs shall obstruct the ingress and egress shown on Exhibit A-2. 8. Indemnification/Insurance. a. Indemnification. Each party hereby indemnifies and saves the other party harmless from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from personal injury, death, or property damage and occurring on or from its own tract, except if caused by the act or negligence of the other party hereto. This Section 8(a) shall survive the termination or expiration of this Agreement. b. Insurance. (1) Wal-Mart, the Developer (for the Developer Tract and the Outparcels) and Hermes (for the Hermes Outparcels) (until such time as the Outparcels and the Hermes Outparcels are sold or ]eased to other parties who shall thereby assume this obligation) shall procure and maintain in full force and effect throughout the term of this Agreement general public liability insurance and property damage insurance against claims for personal injury, death or property damage occurring upon, in or about its property, each party's insurance to afford protection to the limit of not less than $2,000,000.00 for injury or death of a single person, and to the limit of not less than $2,000,000.00 for any one occurrence, and to the limit of not less than $2,000,000.00 for property damage. Each party shall provide the other party with certificates of such insurance from time to time upon written request to evidence that such insurance is in force. Such insurance may be written by additional premises endorsement on any master policy of insurance carried by the party which may cover other property in addition to the property covered by this Agreement. Such insurance shall provide that the same may not be canceled without ten (10) days prior written notice to the other party. (2) At all times during the term of this Agreement, each party shall keep improvements on its property insured against loss or damage by fire and other perils TEIi:aw 287171.07 11/11/99 7 r and events as may be insured against under the broad form of Uniform Extended Coverage Clause in effect from time to time in the state in which the parties' respective properties are located, with such insurance to be for 801/o of replacement value of the insured improvements. (3) Policies of liability insurance provided for in this Paragraph 8 shall name Wal-Mart, Developer and the owner of the Hermes Outparcels as additional insureds as their respective interests may appear, and each of them shall provide to the other certificates evidencing the fact that such insurance has been obtained. (4) Each party for itself and its property insurer hereby releases the other parties from and against any and all claims, demands, liabilities or obligations whatsoever for damage to each other's property or loss of rents or profits of any of them resulting from or in any way connected with any fire or other casualty whether or not such fire or other casualty shall have been caused by the negligence or the contributory negligence of the party being released or by any agent, associate or employee of the party being released, this release being to the extent that such damage or loss is covered by the property insurance which the releasing party is obligated hereunder to carry, or, if the releasing party is not carrying that insurance, then to the extent such damage or loss would be covered if the releasing party were carrying that insurance. (5) Notwithstanding anything to the contrary contained in this Paragraph 8, so long as the net worth of a party hereto shall exceed One Hundred Million Dollars ($100,000,000.00), said party shall have the right to retain the financial risk for any claim in whole or in part. 9. Eminent Domain. a. Owner's Right To Award. Nothing herein shall be construed to give either party any interest in any award or payment made to the other party in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other party's tract or giving the public or any government any rights in said tract. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Common Areas located on the Wal-Mart Tract and the Developer Tract, the award attributable to the land and improvements of such portion of the Common Areas shall be payable only to the owner thereof, and no claim thereon shall be made by the owners of any other portion of the Common Areas. b. Collateral Claims. All other owners of the Common Areas may file collateral claims with the condemning authority for their losses which are separate and apart from the value of the land area and improvements taken from another owner. C. Tenant's Claim. Nothing in this Paragraph 9 shall prevent a tenant from making a claim against an owner pursuant to the provisions of any lease between tenant and owner for all or a portion of any such award or payment. d. Restoration Of Common Areas. The owner of any portion of the Common Areas so condemned shall promptly repair and restore the remaining portion of the Common Areas within its respective tract as nearly as practicable to the condition of the same immediately prior to such condemnation or transfer, to the extent that the proceeds of such award TEH=aw 287171.07 11/11/99 8 are sufficient to pay the cost of such restoration and repair and without contribution from any other owner. 10. Rights And Obligations Of Lenders. If by virtue of any right or obligation set forth herein a lien shall be placed upon the tract of either party hereto, such lien shall expressly be subordinate and inferior to the lien of any first lienholder now or hereafter placed on such tract. Except as set forth in the preceding sentence, however, any holder of a first lien on the Wal-Mart Tract, the Developer Tract or the Hermes Outparcels, and any assignee or successor in interest of such first lienholder, shall be subject to the terms and conditions of this Agreement. 11. Release from Liability. Any person acquiring fee or leasehold title to the Wal-Mart Tract, the Developer Tract, the Outparcels or the Hermes Outparcels, or any portion thereof; shall be bound by this Agreement only as to the tract or portion of the tract acquired by such person. In addition, such person shall be bound by this Agreement only during the period such person is the fee or leasehold owner of such tract or portion of the tract, except as to obligations, liabilities or responsibilities that accrue during said period. Although persons may be released under this paragraph, the easements, covenants and restrictions in this Agreement shall continue to be benefits to and servitudes upon said tracts running with the land. 12. Breach. In the event of breach or threatened breach of this Agreement, only all record owners of the Wal-Mart Tract as a group, or all the record owners of the Hermes Outparcels as a group, or all record owners of the Developer Tract and the Outparcels as a group, or Wal-Mart so long as it or any affiliate has an interest as owner or lessee of the Wal-Mart Tract or Developer so long as it or any affiliate has an interest as owner or lessee of the Developer Tract, or Hermes so long as it or any affiliate has an interest as owner or lessee of the Hermes Outparcels, shall be entitled to institute proceedings for full and adequate relief from the consequences of said breach or threatened breach. The unsuccessful party in any action shall pay to the prevailing party a reasonable sum for attorney's fees, which shall be deemed to have accrued on the date such action was filed. 13. Rights of Successors. The easements, restrictions, benefits and obligations hereunder shall create mutual benefits and servitudes running with the land. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives, lessees, successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and neuter. 14. _Document Execution. Modification and Cancellation. It is understood and agreed that until this document is fully executed by Developer, Wal-Mart and Hermes there is not and shall not be an agreement of any kind between the parties hereto upon which any commitment, undertaking or obligation can be founded. This Agreement (including exhibits) may be modified or canceled only by the mutual agreement of (a) Wal-Mart as long as it or its affiliate has any interest as either owner or lessee of the Wal-Mart Tract, or its successors in interest, and (b) Developer, as long as it or its affiliate has any interest as either owner or lessor of the Developer Tract, or its successors in interest. The consent of the owner(s) of the Hermes Outparcels shall only be required with respect to modifications to Sections 2 and 4(e). TEH=aw 287171.07 11/11/99 9 "" A_ F__ n �� 7 15. Non -Merger. So long as Wal-Mart or its affiliate is owner or lessee of the Wal-Mart Tract, this Agreement shall not be subject to the doctrine of merger. 16. Duration. Unless otherwise canceled or terminated, all of the easements granted in this Agreement shall continue in perpetuity and all other rights and obligations hereof shall automatically terminate and be of no further force and effect after ninety-nine (99) years from the date hereof. 17. Headings. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this document nor in any way affect the terms and provisions hereof. 18. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto. The parties do not rely upon any statement, promise or representation not herein expressed, and this Agreement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. IN WITNESS VVHEREOF, the parties have executed this Agreement the day and year first written above. ATTEST WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware business trust SM Its "Wal-Mart" ATTEST DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation By Its "Diversified" TEH.-maw 287171.07 11/11/99 10 ATTEST State of County of HERMES ASSOCIATES, LTD., a Utah limited partnership By: BDR Down Reit LLC, its general partner By: Developers Diversified Realty Corporation, its managing member UZ Its "Hermes" The foregoing instrument was acknowledged before me this day of 199 by ,the of Wal-Mart Real Estate Business Trust, a Delaware business trust, on behalf of the trust. (Seal and Expiration Date) Notary Public State of County of The foregoing instrument was acknowledged before me this day of 199_, by 'the of Developers Diversified Realty Corporation, an Ohio corporation, on behalf of the corporation. (Seal and Expiration Date) Notary Public TEx=aw U7171.07 11/11/99 11 LI -1 ��- � State of County of The foregoing instrument was acknowledged before me this day of 1999, by the of Hermes Associates, Ltd., a Utah limited partnership, on behalf of the limited partnership, the of BDR Down Reit LLC, its general partner, on behalf of the limited liability company and the of Developers Diversified Realty Corporation, its managing member on behalf of the corporation. (Seal and Expiration Date) Notary Public TFJL--w 287171.07 11/11/99 12 TER=aW 2S7171.07 iini/99 13 L , / : I TZH-- Min.m 11/11M I4 k. / UN t (Wal-Mart Tract legal description) TEx:mW M171.07 11/11/99 15 i I, 15.41110 (Developer Tract and Outparcels legal descriptions) T H=aw 287171.07 11/11M 16 (Hermes Outparcels legal description) TEH=aw 297171.07 11111199 17 ALLIANCE TITLE & ESCROW CORP. APRIL 14, 1999 DAKOTA COMPANY, INC. 380 E. PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 ATTENTION: TOM BAUWENS RE: TO BE DETERMINED APR 1 5 1999 Y r - THANK YOU for your title insurance order and/or escrow closing. In accordance with your request, we enclose Commitment for Title Insurance for your files and any additional copies you have requested. Your Title Order Number is: 99081519 KS Your Title Officer is: KELLY R. SATO - (208) 336-6515 1412 W. Idaho St., Boise, Idaho 83702 Please do not hesitate to contact me if you should have any questions concerning your transaction. WE APPRECIATE YOUR BUSINESS! C - KELLY . SATO 1412 WEST IDAHO ST. - BOISE, IDAHO - 83702 208-336-6515 - 1-800-658-3824 - FAX 208 343-4898 COMMITMENT FOR TITLE INSURANCE ORDER NUMBER: 99081519 KS SCHEDULE A 1. EFFECTIVE DATE: APRIL 07, 1999 at 7:30 a.m. 2. Policy or policies to be issued: A. ALTA Owner's Policy, (10-17-92) Standard Coverage Amount of Insurance: Premium: Proposed Insured: B. ALTA Loan Policy, (10-17-92) Amount of Insurance: Premium: Proposed Insured: None Other coverages and/or charges: NONE In the event this transaction fails to Close and this Commitment is cancelled, a Cancellation fee will be charged to comply with the State Insurance Requlations. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the estate or interest in said land at the effective date vested in: HERMES ASSOCIATES, LTD., a Utah Limited Partnership 5. The land referred to in this commitment is in the State of IDAHO, County of ADA, and is described as follows: PARCEL 5 A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: -1- Commitment Schedule A CONTINUATION OF COMMITMENT SCHEDULE A Order No.: AT -99081519 KS COMMENCING at the corner common to Sections 4, 5, 8 and the said Section 9; thence South 89 degrees 22'10" East, 2659.63 feet to the Quarter corner common to said Sections 4 and 9; thence South 00 degrees 48114" West, 49.74 feet to a point on the Southerly right-of-way of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence continuing along the North-South mid-section line South 00 degrees 48'14" West, 831.11 feet to a point; thence North 89 degrees 35132" West, 596.18 feet to a point; thence North 00 degrees 25'00" East, 831.11 feet to a point on the Southerly right-of-way of Fairview Avenue; thence along said right-of-way South 89 degrees 35124" East, 601.79 feet to the REAL POINT OF BEGINNING. Purported Address: NO ADDRESS GIVEN sml END OF SCHEDULE A -2- Commitment Schedule A COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 2 ORDER NUMBER: 99081519 KS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 7. General Taxes for the year 1999, a Lien but not yet due and payable. General Taxes for the year 1998 are paid. Parcel No. 03-8-S1109212467 In the original amount of $1,300.12. (Affects this Parcel and others) -1- Commitment Schedule B - Section 2 Order No.: AT- 99081519 KS NOTE: New Parcel No. for 1999 - S1109212458 8. The Land described herein is located within the boundaries of the CITY of MERIDIAN. 9. The Land described herein is located within the boundaries of the NAMPA-MERIDIAN Irrigation District. 10. Negative Easement and Restrictions contained in Warranty Deed, and the Terms and Conditions thereof: In Favor of STATE OF IDAHO Recorded JANUARY 24, 1956 Instrument No. 389346 11. Agreement, and the Terms and Conditions contained therein: Between GEORGE E. STANG and HANNAH W. STANG, husband and wife and C.H. STEWART and ALLICE E. STEWART, husband and wife Recorded SEPTEMBER 2, 1954 Instrument No. 364731 Purpose IRRIGATION DITCH RIGHT-OF-WAY 12. Minerals and Mineral rights as reserved to UPLAND INDUSTRIES CORPORATION, a Nebraska corporation by Special Warranty Deed recorded AUGUST 31, 1990, as Instrument No. 9047045, records of Ada County, Idaho. 13. Easement, and the Terms and Conditions thereof: In Favor of MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a corporation Purpose COMMUNICATION FACILITIES AND INCIDENTAL PURPOSES Recorded JUNE 28, 1990 Instrument No. 9034208 14. Easement, and the Terms and Conditions thereof: In Favor of ADA COUNTY HIGHWAY DISTRICT Purpose TEMPORARY ACCESS ROAD BETWEEN THE PROPOSED CROSSROADS SUBDIVISION NO. 5 AND FAIRVIEW AVENUE Recorded OCTOBER 1, 1997 Instrument No. 97081013 15. Any Rights, Interests, or Claims which may exist or arise by reason of the following facts shown on survey by Hubble Engineering, Job No. 98-001, dated March 23, 1998: -2- Commitment Schedule B - Section 2 - Continued Order No.: AT- 99081519 KS A. Irrigation ditches and facilities located on the South, East, North, and midway through Parcel 5. B. A diversion structure for pressure irrigation system for Crossroads Subdivision located on the South adjacent to Lot 2 of the Crossroads Subdivision. 16. Late Comers Agreement, and the Terms and Conditions contained therein: Between NELSON/MCALVAIN CONSTRUCTION JOINT VENTURE, AN IDAHO PARTNERSHIP and CITY OF MERIDIAN Recorded JANUARY 22, 1998 Instrument No. 98005227 Purpose LATE COMERS FEE END OF SCHEDULE B -SECTION 2 -3- Commitment Schedule B - Section 2 - Continued ORDER NO. 99081519 KS EXHIBIT "A" A parcel of land located in the Northeast Quarter of ftel East, Northwest Quarter of Section 9, Township 3 North, Range Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the corner common to Sections 4, 5, 8 and the said Section 9; thence South 89 degrees 22'10" East, 2659.63 feet d ; thenceter corner common to said Sections 4 and 9; Dint on the South 00 degrees 48,14" West, 49.74 feet to a p Southerly right-of-way of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence continuing along the North-South mid-section line South 00 degrees 48'14" West, 831.11 feet to a point; thence North 89 degrees 35'32" West, 596.18 feet to a point; thence North 00 degrees 25100" East, 831.11 feet to a point on the Southerly right-of-way of Fairview Avenue; thence along said right-of-way South 89 degrees 35,24" East, 601.79 feet to the REAL POINT OF BEGINNING. Iwo ...... _ - - -- I 1 . 3 ? S - < i , r•I a'•'•-AM&-UurZM T1.dL� - �— _—.tYY _ - 111 _...— • ''• --n r�P.� 3 i s � — — —� � � i 7. 1 U a R o$ $g y ca cr Co cr cr- oi - ,''tire„ • _ V •<�•' 1 a � ~'•,• 1 4 ••r ••eq< • �. � e,, a 1- kr � ,4r. • • 1 ', •,. Y a.a<� r . �'••e Il few i 1 '04e,, ��e '•• fir,, `. ` ' °'rht _ r..r„ - — ''r �QQrrii . ,•, '•., brgagy . ey4 l •star \ �'` '•'• ' I • °•<w<ara 1 •ter., ;I 1 terb •rry C e'Y .1 I4tar•, I a�,r 4•Ojrr�•'• 1 t rte � \ \ J �'• / ! z ' I I r 'e,• e 1 14`r•e,• 1 `` ^r • l s g • •t 4 •,` t. �9,' ear•,°,• I °•'4re r'• 1 �" I I ^3 �• y � o g°e 1 s 3 - � 1 i I I �• i i I I I 1 1 I 1: 1 1: 006 Ordued by: The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION mount: )TI# Identification 19 8 5 5 5 PUBLIC HEARING - DEVELOPERS DIVERSIFIED DIS $5052 P.O. # Rate CITY OF MERIDIAN 33 EAST IDAHO STREET MERIDIAN, IDAHO 83642 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the Laws of the State of Idaho, that wel hold a P blit of hearing a the Meridian Idaho, alt the houMa r of7 30 p, * ch 7, 2000, for the Purpose of reviewing and considering the application of Developers Diversified Realty Corp. for a Reeco ds East/Subdivlsion, for proposed tial lots on 23.6 acres generally located at the southeast corner of Records Drive and Fairview Avenue. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. A copy of the application is available upon request. Any and all interested Per- sons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 11th day of February, 2000. WILLIAM G. BERG, JR., CITY CLERK Pub. Feb. 18, Mar. 3, 2000 6347 TVP A,,R - 6 2000 C117f 01� rAITIRIDIAN. FEB. 18, MAR. 3, 2000 NT Number of Lines 33 Legal # 6347 JANICE HILDRETH, being duly sworn, deposes and says: That she is the and published at Principal Clerk of The Idaho Statesman, a daily newspaper inte irculation therein, and Boise, Ada County, State of Idaho, and havinga general which said newspaper has been continuously and uninterruptedly publishedothefs in said County during a period of twelve consecutive months prior publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conO y with Section 60-108, Idaho Code, as amended for: 0 consecutive weekly a single =consecutive daily odd skip insertion(s) beginning with the issue of: FEBRUARY 18 , 2000 and ending with the issue of: MARCH 3 2000 STATE OF IDAHO )SS COUNTY OF ADA On this 3 day of MARCH in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. L c�. Notary Public for Idaho .•' Residingat: Boise, Idaho c t ••• My Commission expires: C �� I } �.•'��P�a EG;Is,'�i� �,OT AR}- • 1'UBLI ••a , � 'v t' l v `,fad' NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on February 8, 2000 for the purpose of reviewing and considering the application of the City of Meridian for the preliminary/final plat for Records East Subdivision, plus or minus 23.6 acres, C -C zoning, by Developers Diversified Realty Corp., c/o Dakota Company, Inc. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. r A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 10th day of January 2000. PUBLISH January 14 and January 28, 2000. //,- WILLIAM G. BERG, JR., C Y ERK �`''`1,1,at�t►tiiiTl► y�� r jy r MEAL i.I a fit t Fig-,... NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on March 7, 2000, for the purpose of reviewing and considering the application of Developers Diversified Realty Corp. for a preliminary/final plat for proposed Records East Subdivision, three commercial lots on 23.6 acres generally located at the southeast corner of Records Drive and Fairview Avenue. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 11th day of February, 2000. PUBLISH February 18th and March 3rd, 2000. ILLIAM G. BEXR11GIf, JR., I CLERK 1`\`NI1J1111 Iff/�f� EEL .C5 /J,fjt§ 1 00 1 ilq "ti/111"$1111 111411S�i, r --PRW � IL MARCH 17, 2000 PFP 00-001 MERIDIAN CITY COUNCIL MEETING: MARCH 21, 2000 APPLICANT: DEVELOPERS DIVERSIFIED AGENDA ITEM NUMBER: i --- REQUEST: FINDINGS PRELIMINARY/FINAL PLAT FOR PROPOSED RECORDS EAST SUBDIVISION, THREE COMMERCIAL LOTS ON 23.6 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE:] CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: nTHFR- Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM PCEIVEVI) MAR 1 4 2000 To: William G. Berg,Jr. CITY OF MERIDM From: Wm. F. Nichols Subject: RECORDS EAST SUBDIVISION BY DEVELOPERS DIVERSIFIED REALTY CORP. / P/FP-00-001 Date: March 13, 2000 Regarding the above referenced matter, please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT for approval and signature by the Mayor and yourself Please serve a conformed copy of the ORDER upon the Applicant, with a Certificate of Service in the file, and conformed copies to the Planning and Zoning Department, Public Works, and the City Attorney. If you have any questions please give me a call. msg/ZAWork\MWleridian 15360M\Woodbridge Community\C1er1-P&FPFfC1s.Ltr MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless March 23, 2000 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Tom Bauwens Dakota Company, Inc. 380 E. Parkcenter Blvd. Suite 100 Boise, ID 83706 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 Re: Request for Conditional Use Permit File No. CUP 00-004 and Request for Preliminary/Final Plat Approval File No. PFP 00-001 Findings of Fact, Conclusions of Law and Decision of Order Dear Mr. Bauwens: Enclosed is a signed copies of the approved Findings of Facts and Conclusions of Law and Decision and Order for the above -referenced applications. I will forward the Development Agreement once it has been recorded. Please feel free to call if you should have any questions. Sincerely, Shelby Ugarrl a City Clerk's Office seu enc. VICINITY MAP One Half Mile Radius From Project 1" = 200' 30 Copies �ol ATTACHMENTS - Vicinity Map - Immediate Area Map - Preliminary Plat - Final Plat - Engineering Plans - Proposed Covenants, Conditions & Restrictions - Geotechnical Investigation Reports - Conditional Use Permit Drawings CU -1 - Site Situation Map CU -2 - Site Plan L-1 - Landscape Plan MAR 1 4 2000 CITY OF MERIDIAN BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR RECORDS EAST SUBDIVISION FOR THREE COMMERCIAL LOTS ON 23.6 ACRES, BY DEVELOPERS DIVERSIFIED FILE COPY Case No. P/FP-00-001 03-13-00 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 7, 2000, and Brad Hawkins -Clark, Assistant Planner for the Planning and Zoning Department, appeared and testified at the hearing, and appearing on behalf of the Applicant was: Larry Durkin, who appeared at the hearing and testified, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing as attached hereto as Exhibit "A" consisting of one page, submitted for preliminary/final FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RECORDS EAST SUBDIVISION / BY DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAKOTA COMPANY (PFP-00-001) - 1 plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned C -C Community Business District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 I.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RECORDS EAST SUBDIVISION / BY DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAKOTA COMPANY (PFP-00-001) - 2 1-1 1.1 are met there will be public financial capability of supporting services for the proposed development. 5. The development, if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation to City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Final Plat of the applicant as evidenced by "Plat Drawing as attached hereto as Exhibit "A" consisting of one page, submitted for preliminary/final plat " 2. The conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Assistant to City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated February 4, 2000, listing 5 General FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RECORDS EAST SUBDIVISION / BY DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAKOTA COMPANY (PFP-00-001) - 3 r.. Comments, 4 Preliminary Plat Comments, and 9 Final Plat Comments, a true and correct copy of which is attached hereto marked Exhibit "B" and by this reference incorporated herein, with the additional requirements as follows, to -wit: 2.1 Fire Chief, Kenny Bowers, requires that all codes and water supplies need to be met. All testing and inspections will need to be done before moving in. 2.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and that it was suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 2.3.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2.3.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 2.4 The Nampa & Meridian Irrigation District requires all laterals and waste ways be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with I.C. 31-3805. 2.5 The Ada County Highway District's letter, attached as Exhibit "C", FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RECORDS EAST SUBDIVISION / BY DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAKOTA COMPANY (PFP-00-001) - 4 r dated February 16, 2000, pertains to the conditions of the Ada County Highway District. 3. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and S By action of the City Council at its regular meeting held on the 2l 'qday of /?l C -A- 2000. By: RO ERT DVC LOR R. I E Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By 7 Dated City Cleric 9_21_610 msg/ZAWork\M\Meridian 15360NI\Woodbridge Community\Pre&Fina1P1atFfC1s FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RECORDS EAST SUBDIVISION / BY DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAKOTA COMPANY (PFP-00-001) - 5 µ L SEAL HUB OF TREASURE VALLEY \favor ROBERT D. CORRIE A, Good Place to Live T -T;1 C ETVE1] _I� W1 Members CITY OF MERIDIAN `` �Y, ���' CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 33642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-1813 f it v .';fjer z fir:°i1„ KEITH BIRD v — z MEMORANDUM: February 4, 2000 To: Mayor, City Council, Planning & Zoning ; F CETVED From: Bruce Freckleton, Assistant to City Engineer r d Shari Stiles P&Z Administrator.�� ,- aL - ierie_a_ Re: Request for Preliminary/Final Plat Approval for Records East Subdivision By Developers Diversified Realty Corp., c/o Dakota Company, Inc. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide 5' wide pedestrian walkways in accordance with City Ordinance. N� ° Hsib,i3 � � �: Lake d1 fY w _� s �i �• � W �t f• a R c z 0 •- r2 z ary z � w ■ s m a o® 1 I — � � �2 „1 �'•ki w S N 3 0 V d a 1 V I M a n 3 M N M V l 3 0 V M N 3 1 •tl313M3a 031 L Y I d M • `RI� w ,7 �-� � � � w O173tli5 7M1N7A x..• ,maw• t i:.-„ z acwa 1 I I Y n b O z v O �_ ` J 2*2 Z � O C'� mo• I Z 0 ~ s3 U 1 W Z < e L � qo� w N C) • L T U z ,,�•�Z pQ rr1 z v z o w } O ~ 0 U O w w a vw ) O O O o CL (nu J m F -Q L' ISO O O Q s < O z v O �_ ` J 2*2 Z � + � Vim• LirR - / ( I 7 mo• I 0 3 1 1 v 1 d N n s3 z 1 e V m <2 N I a M I la I ^7 �• SN3aav3 1 r I a 0 n 3 n N M v 1 3 3 r a a 3 1 ,k4313M30 a311r1d .90'YSfl M .YL.St.00 S 173Mii 3aILLN3n x..a , ,u...aa : — .� • — � + � Vim• LirR - / ( I 7 mo• I 0 3 1 1 v 1 d N n s3 z 1 e — _ — avow Sbr3 .N m N I a I la E I) II I � Ova I I s < $ u I !9 a t • 0® I I O I I 3 if L— —J L SN3aav3 1 r I a 0 n 3 n N M v 1 3 3 r a a 3 1 ,k4313M30 a311r1d .90'YSfl M .YL.St.00 S 173Mii 3aILLN3n x..a , ,u...aa : — .� • — w — — — — _ — �`_ — -- — — -- ...r...-.-.-.-.-.-.-.-.-.-.-.-.-.-L....�r.--- ------ — -- I W I I I II 0I�1 I I it z I I I I i t wwi 7 1rlca • I 0 x !i 90'8 P.t ri.9r.00 S 3 o � � + � Vim• LirR - / ( I 7 mo• I 0 3 1 1 v 1 d N n s3 z 1 e — _ — avow Sbr3 .N m N I a I la E I) II I � Ova I I tl! L— —J L w — — — — _ — �`_ — -- — — -- ...r...-.-.-.-.-.-.-.-.-.-.-.-.-.-L....�r.--- ------ — -- I W I I I II 0I�1 I I it z I I I I i t wwi 7 1rlca • I 0 x !i 90'8 P.t ri.9r.00 S 3 o � � 0 3 1 1 v 1 d N n s3 z 1 e — _ — avow Sbr3 .N ONIa 38 j0 Sava Mayor, Council and P& February 4, 2000 Page 2 ZAn additional lot will need to be designated to accommodate the Nampa & Meridian g P Irrigation Districts pump station. Nampa & Meridian requires that their facilities are located on property that is under their contr 1. ✓4. The preliminary plat map indicates that a portion of an existing subdivision, "Terrace Lawns Memorial Gardens Subdivision," encroaches into the boundaries of this development. Ada County records do not show evidence of any previous subdivision of this land, and the entire area occupied by Terrace Lawns Memorial Gardens is still section land. Applicant needs to show appropriate surrounding land use; if evidence is submitted that a subdivision does exist, Applicant will be required to vacate any existing easements of record and secure the appropriate lot line adjustments. FINAL PLAT COMMENTS Revise Note 1 to read, "This subdivision is subject to all requirements of the approved Conditional Use Permit and all requirements of the Development Agreement recorded as Instrument No. " 2. Please add the following final plat notes: (2) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian, or as allowed by conditional use. (3) Any re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision, or as allowed by conditional use. (4) The developer and/or owner shall comply with Idaho Code Section 31-3805 or its provisions that may apply to irrigation rights. (5) Ir -11 7�09�' Z\,b A stormwater drainage and retention easement is hereby dedicated as shown hereon for the benefit of the Ada County Highway District. Landscaping over said easement shall be maintained by the ownerANAEHMMNo buildings, fencing trees, or shrub hall be placed within said easement. (6) The owner of each lot, across which passes an irrigation/drainage ditch or pipe , is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. (7) The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest normal ground water elevation. 3. Please submit three copies of the final plat second page to the Public Works Department for review. Execute the Certificate of Owners and its accompanying Acknowledgement, and the Certificate of Professional Land Surveyor. ZP 4. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" PFP-00.001 Records East Sub.PFRdoc Mayor, Council and P& February 4. 2000 Page 3 fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 5. Designate the bearings and distances along the lines of the easements shown on the final p lat. 6. The preliminary plat indicates that within the boundaries of this subdivision, there is a portion of `Terrace Lawns Memorial Gardens Subdivision." If this is the case, the situate statement on the face of the plat, as well as the statement in the Certificate of Owners would need to state that there is a "Re -Subdivision," and the Owners would be a party to the plat. (See Item 4 under Preliminary Plat Comments) 7. Identify the drainage easement shown on the plat as being in favor of the Ada County Highway District. 8. Graphically depict the landscape setbacks on the plat as shown on the approved conditional use permit. 9 This property has not yet been properly rezoned or annexed into the City of Meridian. Final action by the City Council cannot take place until this has been accomplished. 4;j`'"`' D iL-�- i� PFP-00.001 Records Fast Sub.PFP.doc DAKOTA CCNJ:1ANY, INC. February 08, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Meridian Crossroads Shopping Center Project - Phase II Expansion Records East Preliminary/Final Subdivision Plat Application Staff Report, February 04, 2000 - Response Dear Shari: I would like to offer the following clarification to the questions and comments raised in the staff report for the above referenced preliminary/final subdivision plat application. 'The numbered items below correspond to the numbered items in the staff report. Items 91, #2, & 93 - Are acceptable Item #4 - Attached is a copy of the approval letters from the Ada County Engineer and the Street Name Committee accepting the name of the subdivision and the street names. Item Al. - Is acceptable Item #2 - Attached are two letters from the Nampa Meridian Irrigation District indicating they have no interest or ownership in the irrigation pump station servicing the Meridian Crossroads Shopping Center or the irrigation ditch down stream of the pump station. Developers Diversified Realty has no intention of giving ownership of the pump station to the District, therefore a separate lot is not necessary. The pump station will provide irrigation water to all ■ PHONE (208) 343-5223 FAX (208) 343.4954 380 EAST PARKCENTER BLVD. SUITE )00 �t�ic� :noun Q170A Ms. Shari Stiles February 08, 2000 page 2/2 phases of the development. I believe this satisfies the condition and a separate lot is not required. Item #3 - Is not provided. Item 94 - The Preliminary Plat is correct and the Terrace Lawn Memorial Gardens Subdivision does overlap into the Records East Subdivision. Attached is a copy of the Terrace Lawn Memorial Gardens Subdivision plat which was recorded in 1969. Also attached is an E -Mail from Mr. John Priester, Ada County Engineer stating he has reviewed the situation and the overlapping does not. cause any problem and he will accept the replat. I believe this adequately answers this question Items #1, 92, #3, #4, & #5 - Are acceptable. Item #6 - See explanation above Preliminary Plat Comments Item #4 and attachments. I believe this comment is answered and a Re -Subdivision is an acceptable method and agreeable to Mr. Priester. Items 97, #8 & #9 - are acceptable. Please review. Should you have any additional questions or comments please feel free to give me a call. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. attachments cc: Mr. Bruce Freckleton - City Of Meridian w/attachments DEC -22-1999 17:14 /--%UBBLE ENGINEERING ^ 208`378 0329 P:01101 o ADA COUNTY .Y. DEVELOPMENT SERVICES I; PHONE (208) 364-2277 650 MAIN sntEET, BOISIDAHO 83702 - FAJC (208) 364-2406 BUILDING ENGINEERING PLANNING ZONING December 20, 1999 Patrick Scheffler P L S Hubble Engineering Inc 9550 Bethel Ct Boise ID 83709 RE: Subdivision Name Reservation - RECORDS EAST SUBDIVISION Dear Patrick: At your request I will reserve the name "RECORDS EAST SUBDIVISION" for you to use for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, l John E. Priester, P. E. L. S. County Engineer JPfjp Post -it` Fax Note 7671 oak> r To. B Ftom . C CoA)epL Co. Phone • Phone Fax 2 Fax FEB -0e-2000 12:02 HUBBLE ENGINEERING SUBDIVISION EVALUATION SHEET Proposed Development Name Records East_Subdivision File # Date Reviewed 1/11/00 Preliminary Stage XX Final Engineer/Developer Hubble Engineering 208 378 0229 P.03/03 The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following streets are existing and the names shall appear on the plat: "N EAGLE RD." 'N RECORDS AVE." 'N VENTURE STREET' and "W. FAIRVIEW AVE." There are no new street names proposed for this development as 'VENTURE'- aligns to the north The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE , ENCY g/E�RESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Community Planning Assoc. Sue Hansen' City of Meridian Cheryl Sable Meridian Fire District Representati Date Date 1-13-06 Date /-/Z/-OC) NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index Section NUMBERING OF LOTS AND BL n:ZW6S13M Grr.ERM /3 /o Jq# ;� �� � 2�QQ % TnTal D fill APR -23-1593 10=49 :;JriuKANT=,0NS11LT1NG, 1yC. 0031-117 rax N•- / oil To From Phone a Pho'a¢�_OGS Fu» 341-009 Gc: LP-) 209 342 0092 P-01193 1c -v0 413 �99 �Cl 15C0�3 FIRST STREET SCM NAMPA, IDAHO 83651-4395 FAX X 208.463.0092 h 14, 1999 Phones: Arva Code 208 ? co'3 Iie Sweet Q'u+dr8= Consulting. Inc. 405.3. '8m Street, Suite 295 Boise; ID 93702 iF—• i� .. " y 1 Center at Meridl.. Dear 3bcl�a: OFFICE: Nompa 466-7861 SHOP: Narrpa 466-0663 The Nampa & Meridian . Irrigation District has reviewed the above- n—tioned rqject- The Proposed piping of the Cloverdale Lateral appears to be adequate and sized properly pl for this functiom The Iocafsvn of the proposed private pumping station was originally located immediately patream of the D6tritt'a Crossroads Pre irrigsadon system and at our request was relocated downstream from the District's system w}sich also meets the DistzicVs r equiremcuts. I dont feel any fiuther review is necxssary by the Nampa h Meridian Irrigation District for this project nor do we have anY further re uirtments of the developers as they are maintaining their own pressure system. Therefore, we will not comment on how this sYstem is Proposed to be installed. Please mel five to contact me if you feel further discussion is required. Z( SMPIA P. Anderson, Water Superintendent & MERIDIAN IRRIGATION DISTRICT JPA: din Cc: File Each Director 3ecre tart'- Tre-asure r Asst, Secretary -Treasurer Engineer - John Sharp City of Meridian - Gary Smith APPROXIMATE IRz1GASLE ACPES RtVE.R FIO%v RIGHTS • 23,oW EOISE PROxCl RIGHTS 4U,OCo APriJ 26, 1999 Steve Sweet, PE Quadrant Consulting, Inc. 405 5. 80, Ste. 295 Boise, ID 83702 Ite: Family Center at Meridian 1503 FIRST STREET SOLITH NAWA OAHO 81.4395 FAX # 208-463.0092 Bones: Areo Code 208 OFFKE: Nampa 466.7861 SHOP: t`Iompa 466-0663 This letter is to f0fl w UP Your letter dated 22 April 1999 in regard to the Family Center at Meridian. In your letter you reference the Cloverdale lateral which was Pressure urban irrigation system known as Crossroads. The Nam & piped below the Dlstrict's claims no jurisdict� or author�Y Past this Point. The resDonsibiiPa Meridian Irrigation District People who own, operate and maintain that sirs t*e!ow that point Pipeline lies with the Therefore, the Nampa & Mer'-dian Irrigation District has no comment in r utility ccmPanles place their facilities over any pipes that are not ow �� o� ede and maintained by the Disttid, Please fee! free to Contad me if you feel discussion is required. S+r+cereiy, Jahn P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATIOly DISTRICT 3PA:dln Cc: Dir~�r Sweiary-Treasurer Asst. Water SuPerintendent Ringert Clark Chattered — Bryce Farris Post -it* Fax Note M 7671 Date 1 # of Q/ pages _ Fro Co Phone # Fax # APPROXIMATE ImuoA LI ACJtES AiVER FLOW RtGff$ • 23,000 BOISE PROJECT RIGHTS - 40,(n I I a: N sm Mm �Mnm �pI �III 0114161 SIR a W L1 e 1 h n � 2 � tw U � l 2 � J A O I U U� � LU Z ' W J o Q � V � Y W L� U U- a: N sm Mm �Mnm �pI �III 0114161 SIR a M [ < a,• �a Z c` � < < n � a � � Qc c 1iz �• �> rcE to 3 Mme` a t L 41 ea�a� `t V u �y e ��ucF cEa a V4� a a,� ♦ 2 u E e c a 2 � � a° v u` d [ a q n V 40,OV �F c�AC�o�S ♦� t �� �p��`y [3� E � � naCa a'y?t t� 2c''2�2F t3 ~ ti4 E � Le 'n IQa�Q cVL� O as 2 °,c o a�<o� 4y E°a a c C n a W Ct > a ��oecF� ;ea �vc' Y SFE F2 ` t t 110 �o 4 t J o e e\ T% Qo En p ,t W � n� >���� t •• A� w A � C N y W � t O 2 of Lk 3 c3<<<c.g a3 cz p> ua3a IcW�pYYa2i E a. �2ii2�¢°i ioe C'C%t c2CW < O JU ? FpC �U F U qu FEB -08-2000 12:01 NUBBLE ENG I NE` .R I NG Patrick Scheffler From: John Priester Oohnp@ac1.co.ada.id.usj Sent: Tuesday, February 08, 2000 11:07 AM To: 'Sherry Sbles' Cc: 'Particle Scheffler Subject: Records East Subdivision 208 .:78 0329 P.02/03 Sherry: I was asked by Patrick Scheffler of Hubble Engineering to review the Terrace Lawn Memorial Gardens Plat and let him know if I saw any problem with replatting part of the west end. I do not see anything on the plat that would cause any problem for the new plat where the overlap does not include any burial spaces. As long as the developer can show ownership interest I will accept the replat. 1 Ada Cottnt",_.14ict4tuatt 2iit'ict Judy Peavey -Derr, President 318 East 37th Street Dave Givens, 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: te!lus@achd.ada.id.us February 16, 2000 TO: Tom Bauwens Dakota Company, Inc. 380 E. Parkcenter Blvd., Suite 100 Boise, ID 83706 FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT I a Preliminary Plat: Records East Subdivision Southeast Corner Records Drive & Fairview Avenue RFCE1V-EI; H_ 2 2 Hoo CITY OF N ERIDIA:�: On February 9, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority to ether with the payment of fee charged for the manufacturing and installation of all street signs. 4. If Public Right -of -Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two -weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15 -days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services -City of Meridian Construction Services — John Edney Drainage- Chuck Rinaldi Brent Claiborn Hubble Engineering, Inc. 9550 Bethel Court Boise, ID 83709 N r� ff I 2001/001 06/17/9P 15:10 14T208=345 7650 ACRD ,2)i,t,i,t Ada Countq,--/Ui9�kwc�, Sherry R Huber, President Judy Peavey -Derr. Vice President Martyss Meyer Routson. Secretary Dave Bivens, Commissioner t, t- ('nmmic Qinn Hr June 17. 1999 Tom Bauwens The Dakota Company 380 East Park Center Blvd, Suite 1 DO Boise. ID 83706 Re: MCPA-99-0002 South of Fairview, East of Records 318 East 37th Street Garden City. Idaho 837146499 Phone (208) 387-6100 Fax (206) 387-6391 e-mail: tellus@achd.adaJd.us The Ada County Highway District has received the updated traffic analysis ass nouested- The longer a hold on District accepts the traffic numbers and is processing the application. this project. Feel free to contact me if there are any other questions or concerns David Szplett Planning and Development Division cc: Project File Shari Stiles, City of Meridian i••.., 's X e X I ml 1 1 >; � '�•i�i�8 � j �� 31 � ���� � 6 lilt°iEQpB}}t{��}�3 ffi�eti�lE3ffiiffi+1 [ff4/F4 § 1p�p X O � I i i i i i iii I��•,�� $pX�YiQgqX H d ' ! , ►[ ses11. II, oe->% to � �' .,f4 Q y:i ,� _ •sOOI 1 rII , I I � I'1� i i% =SX ffiffi ��� 11 'i I l l i l 1 V I I I' I ', `+• \` 5 3 E 1 w I 111: ;slit i 1 I ilk V) LLJ ly- ', ' 1 �� >• I Y >•, v, o LLJ ` I I i� , i Y -; '' y, �i `A• >, y, >, 1��'ti y`°, -r_ ''` ``` U W U}III 3g1i i I «s, 'O. ce I1 Z O w I I e 7, y N n I .N y f ° 4� ``� I 1 ' ' 1 i -_ ��" == e° >. «° >, •#;-- -==fes-.- 7 i ! , • o � o � I I li ' `` -{�-y'�y� ° •`� � I \;ia �1 i� «°' •°� I °e. `#• U o vEi q 1 I I ; I , • � �.!=Z;F� `�®LL'�'tA e� \•• f � I I I a � � q `N`I lllx, I -4 Lo I �^ p 'Nu. p iSy r , _ I■■IP'i'i-.--.11lA 1 I j ,a .-------- \ ' I I `1 a II 1 ,«° 'I >, it 1`� 11°61 • t :I 1 � 1 111 �,� I T--' �+ ? d �' - ''`` I •• 147 i ik • > � S�' 1 ��steail� 1 '!l • � I • AI (2) LEGAL DESCRIPTIONS •0,._30-1999 17:32 NUBBLE ENGINEERING . NEFR�i HUBBLE ENGINEERING, INC. r 9.550 Bethel Court .Boise, Idaho 83709 Project No. 9925000 208 378 0329 P.02iO3 208/322-8992 . Fax 208/378-0329 DESCRIPTION FOR DDRC TOTAL PROJECT BOUNDARY November 30, 1999 A parcel of land located in the NW1/4 of the NE1/4 of Section 9, T.3N., RAE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N1/4 comer of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along the North-South mid-section line of said Section 9 South 00°48°14° West, 49.74 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30), said point also being the REAL POINT OF BEGINNING; feet; feet; thence along said South right-of-way line South 89°35'24" East, 708.66 thence leaving said South right-of-way line South 14°59'32" West, 276.87 thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South mid-section line of said Section 9; thence along said mid-section line South 00°48'14' West, 9.09 feet; thence North 89°35'32" West, 569.33 feet to a point on the easterly right- of-way line of N. Records Ave. thence along said right-of-way line for the following seven courses: 84.19 feet along a curve to the left to a point, said curve having a radius of 238.45 feet, a delta of 20°13'46" and a long chord bearing North 14°07'53" West, 83.75 feet; thence North 22°18'38" West, 2.62 feet to a point; 208 378 0329 P.03iO3 Nrl")-30-1999 17:32 NUBBLE ENGINEERING thence 57.89 feet along a curve to the left to a point, said curve having a radius of 143.75 feet, a delta of 23°04'30" and a long chord bearing North 10024'03" West, 57.50 feet; thence North 00°25'00" East, 277.97 feet to a point; thence North 02037'35" East, 298.24 feet to a point; thence North 00°25'00" East, 78.20 feet to a point; thence North 45`31'25" East, 0 feet w with Instrument right-of-way Numbe 99072864 Fairview Avenue as created by warranty deed of Ada County records; thence along said south right-of-way line South 89°22'10" East, 567.23 feet to the North-South mid-section line of said Section 9; thence along said mid-section line North 00°48'14" East, 10.26 feet to the Real Point of Beginning. Containing 23.59 acres more or less. Prepared by: HUBBLE ENGINEERING, INC. P4uw a\ \T G 4 '? 4999F �,, �1-36 41F 0 F `'0 'b°o a. w% J:TR{MIvn1Me ridianXRoads2-DDRGTotalProj Bound ary Todd. R. Waite, P.L.S. TnTO1 D fi'Z (3) Hermes Associates, Ltd and Developers Diversified Realty Corp. WARRANTY DEED AND TITLE COMMITMENT lol- (3) Daniel G. Gibson Jr. and Carolyn A. Gibson Timothy Gibson -Terrace Lawn Memorial Gardens, Inc. WARRANTY DEED AND TITLE COMMITMENT (4) AFFIDAVITS OF LEGAL INTEREST Dive offers - Di versified' November 19, 1999 JOAN U. ALLGOOD Vice rresid . sectary &nd cot%-� Czunsd VIA FACSIMILE (208) 887-1297 Ms. Shari Stites Planning Department City of Meridian 204 E. Carlton Meridian, Idaho 83642 Re: Authorization to File Applications Dear Ms. Stiles: With respect to property located at the intersection of W. Fairview Avenue and Records Avenue, please be advised that Larry J. Durkin, President of Dakota Company, Inc., is authorized to execute and deliver to the City of Meridian the following documents on behalf of Hermes Associates, Ltd. and Developers Diversified Realty Corporation -- I . orporation_ 1. Application for Conditional use Permit; 2, Application for Preliminary Plat and/or Final Plat; and 3. Any other documents required in connection with the filing and processing of such Applications. Very truly yours, JUA:ck cc: Larry J. Durkin 33oo Enterprise Parkway, P.O. Box 228042. Beachwood,, Ohio 44122 Tel: (216) 755-5656 - fax: (216) 755-1656 or (216) 755=1678 • jAlgoodgddrc-corn AFFIDAVIT OF LEGAL INTEREST STATE OF OHIO ) SS: COUNTY OF CUYAHOGA ) I, JOAN U. ALLGOOD, 3300 Enterprise Parkway, Beachwood, Ohio 44122, being first duly sworn upon oath, depose and say: 1. That Hermes Associates, Ltd. is the record owner of the property described on the attached, and I grant my permission to The Dakota Company, Inc. to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian, Idaho, 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. Dated this 30 � day of November, 1999. HERMES ASSOCIATES, LTD., a Utah limited partnership By DDR Family Centers LP, its General Partner By DDR DownREIT LLC, its General Partner By Developers Diversified Realty Corporation, Its Managing Member By: qjj�� Lt. JOAN U. ALLG OD Vice President SUBSCRIBED AND SWORN to before me the day and year first above written.:.,,;;. Notary Public r CAT"ERINE B. KLETCKA Notary Public, State of ohio e;,�.•• '' A1v Con ci;r.ion Exoires Decemher 27. 2001. N7V-30-1999 13:25 'BBLE ENGINEERING mnii HUBBLE ENGINEERING, INC. �� 9550 Bethel Court . Boise, Idaho 83709 Project No. 9925000 D.D.R.C. REMAINDER PARCEL, PROPERTY DESCRIPTION 208 378 0329 P.02iO3 208/322-8992 . Fax 208/378-0329 November 30, 1999 A parcel of land located in the NEI/4 of the as /4 of follows:ectCommenc ng at the B.M., Ada County, Idaho, more particularly described comer common to Sections 4, 5, 8 and the said Section 9; thence South 89°22'10" East, 2659.63 feet to the 1/4 comer common to said Sections 4 and 9; thence South 0048'14" West along the North-South mid-section line 60.00 feet, to the REAL POINT OF BEGINNING; thence continuing along the North-South mid-section line South 0048'14" West 820.85 feet to a point; thence North 89035'32" West, 569.33 feet to a point on the easterly right-of-way line of N. Records Ave.; thence along said right-of-way line for the following seven courses: rve to the left to dpb'aring North 14°07'53said curve " 8 a radius of 4.19 feet along a cuWest, 83.75 238.45 feet, a delta of 20.13'46" and a long ch feet; thence North 22°18'38" West, 2.62 feet to a point; thence 57.89 feet along a curve � h Ion ft to a point, chord bearingdcurve having North 0°24'03" rWest, adius of 143.75 feet, a delta of 23-04-30"an a 9 57.50 feet; thence North 00025'00" East, 277.97 feet to a point; thence North 02°37'35" East, 298.24 feet to a point; thence North 00°25'00" East, 78.20 feet to a point; Page 1 of 2 NOU-30-1999 13:25 `-IBE ENGINEERING 208 378 0329 P.03/03 ne of thence North 45°31'25" East, 40.92 feet to the 999072864Iiof Ada CountyAvenue as created by warranty deed with Instrument Number records; thence along said South right-of-way 111.29 aoes 91,6670 square feet) more or the Real Point of Beginning. Containing 1 less. J:TRW/vw/DDRC-Remainder Prepared by: NUBBLE ENGINEERING, INC. oNp,1. LANas 0 a- 9a ,P,,11-30-�� 4 Of NIO Abp p R. * Todd R. Waite, P.L.S. Page 2 of 2 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss COUNTY OF ADA ) 1, Timothy T. Gibson, 1200 N. Cloverdale Road, Boise, Idaho, being first duly sworn upon oath, depose and say: That 1 am the President of Terrace Lawn Memorial Gardens, Inc., the record owner of the property described on the attached, and Terrace Lawn Memorial Gardens, Inc. grants its permission to Developers Diversified Realty Corporation to submit the accompanying application pertaining to that property. Z. Terrace Lawn Memorial Gardens, Inc. agrees 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. Dated this c2� ,t 1day of November, 1999. TERRACE LAWN MEMORIAL ARDENS, INC. Timothy T. Gibson, esident SUBSCRIBED AND SWORN to before the the day and year first above written. Notary Public for Idaho Residing at: <ww I "--J" My Commission expires: w - Z 7 -D 3 04/29/1999 09:59 2ee9�696 TEALEY'S LAND SURVEYING Project. No.: 1882 Date: April 29, 1999 TEALEYS LAND "^�FY PAGE e2 915 West Jeffer (Street sse. Idaho 83702 YOO� Fax (208) 385-0696 DESCRIPTION FOR TIM GIBSON — PARCEL 2 A parcel of land being a portion of the NW 1/4 of the NE 1/4 of Section 9, T.3N., R l E., B.M., Ada County, Idaho. and uroie Pas follows: tthhe, North V4iculally corny of said Section 9; thence Commencing at an iron pin marking along the centerline of said Section 9 South 00°48' 3 5" West, formerly South 00048'14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue; thence along said South right-of-way line South 89°35'00" East 432.45 feet to an iron pin marking the POINT O BEGINNING; thencz continuing to a point; thence leaving said South right -of - South 89°35'00" East 276.21 feet "..3y line South 15°00'00" West 276.88 feet to a point: thence South 00148'35" West 554.06 feet to a point; thence North 89035'00" West 640.79 feet to a point on said centerline of Section 9; thence along said centerline North 00148'35" East 318.83 feet to an iron pin; thence leaving said centerline South 89135'00" East 433.30 feet to an iron pin; thence North 00142'46" East 503.18 feet to the POINT OF BEGINNING, Said parcel of land contains 7.30 acres, more or less. I A V?% C�MY Ooc.mcw:Aw•1w•11t67•]•i«.due -I& 04/29/1999 09:59 N 00.46 19' E 49.74' TEALEYS -,%-4D PACT 103 208390'x696 FAIRVIEW AVENUE — q 5 89'35'00' E , 1329.56' i 1 r ' PARCEL 3 1 l: 791.398 •y.r'. ' 6.f.90 cc, I � - -1335.85' - -- - - � - S 89-21-18- E AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) We, Daniel G. Gibson, Jr. and Carolyn A. Gibson, 19500 Highway 20-26, Caldwell, Idaho, being first duly sworn upon oath, depose and say. 1. That we are the record owners of the property described on the attached, and we grant our permission to Developers Diversified Realty Corporation to submit the accompanying application pertaining to that property. 2. We 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. Dated this G'� day of November, 1999. 11 Daniel G. Gibbon, Jr. Carolyn A. ibson SUBSCRIB�SWORN to fore me the day and year first above written. $I .0, �y NRY Notary Public for Idaho %. •.• ���'�• Residing at: ,��/�%/I ,,,QST" AT 0sts •• My Commission expires: b4/29/1999' 09:59 20831? 36 TEALEYS LAND 9f41EY PAGE 01 TEALEY'S LAND 915 West Jefferson Street • Boise, Idaho 83702 SURVEYING (208) 385-0636 El Fax (208) 385-0696 Project. No.: 1882 Date: April 29, 1999 DESCRIPTION FOR TIM GIBSON — PARCEL I A parcel of land being a portion of the NW 1/4 of the NE 1/4 of Section 9, T.3N., for record in the B.M., Ada e Ada County Recho as loown on Record of rder, Boise, Idaho Survey more particularly filed described in the office of the as follows: Commencing at an iron pin marking the North IA comer of said Section 9; thence. along the centerline of said Section 9 South 00°48'35" West, formerly South 00*48'14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue, said point being the POINT OF BEGINNING. thence along said South right-of-way line South 89°35'00" East 432.45 feet to an iron pin; thence leaving said South right of -way line South 00'42'46" West 503.18 feet to an iron pin; thence North 89°35'00" West 433.30 feet, formerly 433.25 feet, to an iron pin on said centerline of Section 9; thence along said centerline North 0048135" East, formerly North 00'48'14" East, 503.19 feet to the POINT OF BEGINNING, Said parcei of land contains 5.00 acres, more or less. LAND � 347 Post -it' Fax Note 7671 data paq,c► To —16)%f /%/1r.�% Co1DGPc Co. Phone • Phone M �4631P Fax • Fax M C:wy nan,�an. «ni.�i isl- bq dee (5) TRAFFIC ANALYSIS LETTERS - Dobie Engineering, Inc. - Ada County Highway District JUN --17-99 THU 10:47r►M Lob IE E14GINEER It;G. INC. �QQ8 345 3290 P.02 DOME ENGI-NEERTNG, INC. 777 Hearthstone Dr. Boise, M 83702 (208)345-3290 June 17, 1999 Dave Szplett, P.E. Ada County Highway District 318 E. 37th St. Boise, ID 83714 RE: Family Center at Meridian - MCU -17-98 Traffic Impact Study Dear Dave: The purpose of this supplemental analysis is to consider the marginal impacts of the addition of 100,000 sq.ft. of retail space to the approved Family Center at Meridian. At full buildout, the total traffic generated by the Center will increase by 2040 vehicles per day. Moreover, this retail addition "III add approximately 225 new peak hour trips. Site access will be available from Fairview Avenue via the Records Avenue intersection plus two new driveways. It is anticipated that the new signalized Records Avenue intersection will receive the majority of the site traffic, especially the left -turning movements. The capacity analysis for this signal was recalculated to include the additional traffic. The projected service levels are within the C/D range for all approaches during the peak hour period This capacity is favorable and well within acceptable standards. Acceptable service levels will also be achieved at the site driveways to Fairview Avenue where the predominant movements will be right turns. The findings of this supplemental analysis indicate that no significant traffic problems will result from adding the proposed retail space to the Family Center site. Sincerely, Patrick Dobie, P.E. Dobie Engineering, I STATEMENTS OF COMPLIANCE - Statement of compliance with ACHD requirements, Meridian Ordinances, City Of Meridian Comprehensive Plan, connection to City services, comply with City Ordinances, include required easements, street name compliance with City grid system. - Letter stating applicant will post property with public hearing notice - Statement that no variances requested - Statement of conformance with approved preliminary plat - Statement of conformance with all requirements and provisions of the ordinance - Statement of conformance with all acceptable engineering, architectural and surveying practices and local standards DAKOTA January 03, 2000 ; �; ,� 1� C Ms_ Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Preliminary & Final Subdivision Plat Application Meridian Crossroads Shopping Center - Phase II Expansion Statement Of Compliance Dear Ms. Stiles: With respect to the above referenced application, please be advised that the Preliminary and Final Plat will be in full compliance with the following: Streets, curbs, gutters and sidewalks will be constructed to standards as required by Ada County Highway District and Meridian City Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be 5' in width. - The proposed use is in conformance with the City Of Meridian Comprehensive Plan. - The development will connect to and extend city services as required. - The development will comply with City Of Meridian Ordinances. - Preliminary and Final Plat will include all required easements - Street names will not conflict with City Of Meridian grid system. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. ■ 6G �"t.lur�G ��7ub DAKOTA COMPANY, INC. January 03, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Preliminary & Final Subdivision Plat Application Meridian Crossroads Shopping Center - Phase H Expansion Statement Of Compliance Dear Ms. Stiles: With respect to the above referenced Preliminary & Final Subdivision Plat application, please be advised that the Applicant will post a "Public Hearing Notice" on the subject property one week prior to City Of Meridian Planning And Zoning Commission meeting that the Applicant has applied for a preliminary and final subdivision plat and a Public Hearing will be held. The notice will provide the name of the Applicant, description of the application and the time and date of the Public Hearing. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. ■ dE i208; 343 5223 "AX 'K8) 343.49 4 380 EAST PARKCE'v`E'i BL`/D SUFE 100 BOISE,' �DAHO 837Ob DAKOTA coN���pti January 03, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Preliminary & Final Subdivision Plat Application Meridian Crossroads Shopping Center - Phase H Expansion Statement Of Compliance Dear Ms. Stiles: With respect to the above referenced Preliminary & Final Subdivision Plat application, please be advised that no variances from the City Of Meridian Ordinances have been requested. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. DAKOTA January 03, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Preliminary & Final Subdivision Plat Application Meridian Crossroads Shopping Center - Phase H Expansion Statement Of Compliance Dear Ms. Stiles: With respect to the above referenced Preliminary & Final Subdivision Plat application, please be advised that the Final Plat will be in full conformance with all requirements and provisions of the Meridian Subdivision Ordinance and in full compliance with all Conditions Of Approval determined by the Findings Of Fact And Conclusion Of Law as developed by the City Of Meridian Planning & Zoning Commission and the City Council. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. ■ Baal iDAHG DAKOTA C 0 V P A \ ) c. January 03, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Preliminary & Final Subdivision Plat Application Meridian Crossroads Shopping Center - Phase H Expansion Statement Of Compliance Dear Ms. Stiles: With respect to the above referenced Preliminary & Final Subdivision Plat application, please be advised that the Final Plat will be in full compliance with all Conditions Of Approval as determined during the Public Hearing before the City Of Meridian Planning & Zoning Commission and Meridian City Council and finalized in the Findings Of Fact And Conclusion Of Law. Sincerely, Z - Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD, SUITE 100 BOISE, IDAHO 83706 COMPANY � I,C January 03, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Preliminary & Final Subdivision Plat Application Meridian Crossroads Shopping Center - Phase H Expansion Statement Of Compliance Dear Ms. Stiles: With respect to the above referenced Preliminary & Final Subdivision Plat application, please be advised that the Final Plat will be in full conformance with acceptable engineering, architectural and surveying practices and local standards. Sincerely, Tom R'. Dakota Company, Inc. For Developers Diversified Realty Corp. ■ PHONE (208; 343-522-' 1. 7 '20 `' 4 380 EAST PARkCENTE,1 B- D SUITE X 601SE, IDAHO 83776 City Of Meridian Application For A Preliminary & Final Subdivision Plat For Meridian Crossroads Shopping Center - Phase II Expansion January 03, 2000 Submitted By Developers Diversified realty Corp. And Dakota Company, Inc. Engineering Support Provided By Pacific Land Design & Hubble Engineering, Inc. TABLE OF CONTENTS 1.) City Of Meridian Preliminary and/or Final Subdivision Plat Application 2.) Legal Descriptions 3.) Proof Of Ownership - Warranty Deeds and Title Commitments 4.) Affidavits Of Legal Interest - Hermes Associates, Ltd and Developers Diversified Realty Corp. - Daniel G. Gibson Jr. & Carolyn A. Gibson - Timothy T. Gibson 5.) Traffic Analysis Letters From Dobie Engineering & Ada County Highway District 6.) Mailing List Of All Property Owners Within 300 feet 7.) Statements Of Compliance - Statement of compliance with Ada County Highway District requirements, City Of Meridian Ordinances, City Of Meridian Comprehensive Plan, connection to City services, compliance with City Ordinances, inclusion of all required easements and Street name compliance with City grid system. - Letter stating Public Hearing Notice will be posted on site - Letter stating no variances requested - Statement of conformance with approved preliminary plat - Statement of conformance with all requirements and provisions of Ordinance - Statement of conformance with acceptable engineering, architectural and surveying practices and local standards. 8.) Attachments - Vicinity Map - Area Map - Preliminary Plat - Final Plat - Engineering Design Plans - Geotechnical Investigation Reports - Conditional Use Permit Application Drawings; CU -1, CU -2 & L-1 REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: The submission deadline for ALL applications (other than Final Plats and Variances) is 5:00 p.m. of the first business day of every month. Applications must be submitted to the Planning & Zoning Department, located at 200 E. Carlton Ave., Ste. #201, Meridian. NO EXCEPTIONS WILL BE MADE. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that a complete application is received by the deadline date. Incomplete applications will be returned to the applicant and will not be processed until all required application elements are completed. Applicants are encouraged to arrange for a pre -application meeting with a Planner at least ten (10) business days BEFORE the submission deadline to address any concerns or questions regarding the project. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Ret_o2OS e^Sr Sut30ty1SJ o^/ 2. EEtoROS General Location: Soo-rKEAsr CoreN2 P- A✓E 4. FAtR✓IES Av6. 3. Owners of Record: SEE- AttAC.H E V Address: , Zip Telephone: 4. Applicant: 5C6 Attw�t-QED Address: , Zip Telephone: 5. Engineer:PA121cK. '5c.HHEPFLEiZ Firm: HV88LE 6AI(MME69-1—A 6. Name and address to receive City billings- Name: Cee A+_t cticv Address Telephone: PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 23. G 2. Number of building lots: 3 3. Number of other lots: -0- 4. O4. Gross density per acre: O -13 LyTS %AC.96 5. Net density per acre: 6. Zoning Classification(s): 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? 6EIrt4 Ate!NEXED A5 C- 8. Does the plat border a potential green belt? t4 o 9. Have recreational easements been provided for? 0 o 10. Are there proposed recreational amenities to the City? NO Explain 11. Are there proposed dedications of common areas? qO Explain For future parks? N0 Explain 12. What schools) service the area? Cornrn�«p� -Noy APS,. &ao you Propose any agreements for future school sites? I!lo Explain 13. Are there any other proposed amenities to the City? NO Explain 14. Type of Building (Residential, Commercial, Industrial or combination): CommEfZCtAlr 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Nva LE 0:5e Co co me�rAL 16. Proposed Development features: jZCJAL a. Minimum square footage of lot(s): Lo -r 1- 19.3SAc I LOT 2- 2.S7AL Lor 3- 1.13AL b. Minimum square footage of structure(s): C. Are garages provided for? N A Square footage: N A d. Has landscaping been provided for?SES Describe: e. Will trees be provided for?_Will trees be maintained? f. Are sprinkler systems provided forFRO,Y1 AlmrD g. Are there multiple units? tlo Type: Remarks: IL Are there special set back requirements? NO Explain: i. Has off street parking been provided for?.�/E_t�_Explain: oveizALL. rj o f 1,000 $ F-117Al2KIA4j LOT C20A5 USE j. Value range of property: N A k. Type of financing for development: p21VATE 1. Were protective covenants submitted? E's p6q Date: x-03-00 17. Does the proposal land lock other property? o Does it create Enclaves? MO STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 2 Developers Diversified Realty Corp. Preliminary & Final Subdivision Plat Application RECORDS EAST SUBDIVISION Southeast Corner Records Drive & Fairview Avenue Meridian Crossroads Shopping Center - Phase II Expansion 1.) Applicant: Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5656 Fax: 216-755-1678 Care Of : Dakota Company, Inc. 380 E. Parkcenter Blvd. Suite 100 Boise, Idaho 83706 Phone: 208-343-5223 Fax: 208-343-4954 Contact: Tom Bauwens 2.) Subject Property: Southeast corner of Records Drive and Fairview Avenue Approximately 23.6 +/- acres. 3.) Property Owners: Hermes Associated, Ltd. and Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5656 Daniel G. Gibson, Jr. and Carolyn A. Gibson 19500 Highway 2026 Caldwell, Idaho Timothy T. Gibson 1200 North Cloverdale Road Boise, Idaho 83713 Phone: 208-342-8221 See Attached "Affidavits Of Legal Interest" Preliminary & Final Subdivision Plat page 2/3 4.) City Billings Received Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 5.) Legal Description: See attached 6.) Existing Use: Western 11.4 +/- acres is vacant. Eastern 13 +/- acres is an operating sod farm. 7.) Proposed Use: Commercial - Expansion of the Meridian Crossroads Shopping Center. Three lots 8.) Zoning: The eastern 13 +/- acres of the subject property recently received a Comprehensive Plan Land Use Map amendment change from residential to commercial and annexation into the City Of Meridian with a C -C zoning designation. The western 11.4 +/- acre portion of the subject property has been rezoned to a C -C zone designation. As a Condition Of Approval of the Comprehensive Plan Amendment, Annexation and Rezoning, the project was required to obtain a Conditional Use Permit and subdivision platting. See Comprehensive Plan Land Use Map Amendment CPA -99-002 See Annexation And Zoning AZ -99-012 See Rezone RZ-99-007 9.) Development Features: The project site is located on the southeast corner of Records Drive and Fairview Avenue with approximately 1,310 feet of frontage along Fairview Avenue. The western 11.4 +/- acres of the property is currently vacant and the eastern 13 +/- acres is an operating sod farm. The 11.4 acre portion of the property is part of the existing Meridian Crossroads Shopping Center. Immediately east of the subject property is an existing cemetery, which provides an excellent buffer to commercial uses. Immediately south of the western portion of the project is the existing Crossroads subdivision. South of the eastern portion of the project is an operating sod farm. Preliminary & Final Subdivision Plat page 3/3 The development plans are to integrate the subject property into the Meridian Crossroads Shopping Center. The property will be accessed with entries onto Fairview Avenue and Records Drive. Venture Street will be extended south from Fairview Avenue along the east side of the project. Lot Sizes: Lot #1 - 19.35 Acres Lot #2 - 2.57 Acres Lot 93 - 1.13 Acres Right -Of --Way will be dedicated to the Ada County Highway District for widening of Fairview Avenue and the construction of Venture Street. 10.) City Services: The Applicant agrees to pay any additional sewer, water or trash fees or charges, if any associated with the use of the property as developed for a shopping center. 11.) Public Hearing: The Applicant will post the subject property with a "Notice of Public Hearing" one week prior to the City Of Meridian Planning & Zoning Commission meeting, that the Applicant has applied for a Preliminary and Final Subdivision Plat and that a Public Hearing will be held. The notice will contain the name of the Applicant, description of the Conditional Use Permit application and the time and place of the Public Hearing. 12.) Vicinity Map: See attached 13.) Traffic Analysis: See attached letters from Dobie Engineering and ACHD. 14.) Mailing List: See attached 15.) Covenants: See Attached 16.) Variances: No variances requested 17.) Statements Of Compliance: See attached. DAKOTA December 06, 1999 Ms. Shari Stiles Planning Director & Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Family Center At Meridian - Phase U Expansion Preliminary/Final Subdivision Platting Dear Shari: At the pre -application meeting for the submittal of the preliminary subdivision plat for the expansion of the Family Center At Meridian project, you indicated that you would support the idea of processing both the preliminary and final plat applications simultaneously. During the meeting you phoned Mr. Gary Smith and he also indicated he would support this idea. Based on this discussion and we have decided to submit a preliminary and final subdivision plat application no later than January 03, 2000. Thank you for your consideration and cooperation. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. CC" Ms. Joan Allgood - DDRC Mr. Eric Mallory - DDRC Mr. Craig Trottier - DDRC ■ p'ii r`iE 1208: +3 ''3 -ar )13 330 EAS! SU IE IGO BOisc !L -AHO 33'0.; DEC -22-1999 17:14 HUBBLE ENGINEERING ADA COUNTY DEVELOPMENT SERVICES PHONE: (208) 364-2277 650 MAIN sTREET, BOISE, IDAHO 83702 FAX' (208) 364-2406 PLANNING • BUILDING ENGINEERING • December 20, 1999 Patrick Scheffler P L S Hubble Engineering Inc 9550 Bethel Ct Boise ID 83709 RE: Subdivision Name Reservation - RECORDS EAST SUBDIVISION Dear Patrick: ZONING At your request I will reserve the name "RECORDS EAST SUBDIVISION" for you to use for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JP/jp Post -it` Fax Note 7671 Date paG 1, To, n coloepl. From Co. Phone a Vona N Fax a Fax 0 TABLE OF CONTENTS 1.) City Of Meridian Preliminary and/or Final Subdivision Plat Application 2.) Legal Descriptions 3.) Proof Of Ownership - Warranty Deeds and Title Commitments 4.) Affidavits Of Legal Interest - Hermes Associates, Ltd and Developers Diversified Realty Corp. - Daniel G. Gibson Jr. & Carolyn A. Gibson - Timothy T. Gibson 5.) Traffic Analysis Letters From Dobie Engineering & Ada County Highway District 6.) Mailing List Of All Property Owners Within 300 feet 7.) Statements Of Compliance - Statement of compliance with Ada County Highway District requirements, City Of Meridian Ordinances, City Of Meridian Comprehensive Plan, connection to City services, compliance with City Ordinances, inclusion of all required easements and Street name compliance with City grid system. .atei relic City Of Meridian Application For A Preliminary & Final Subdivision Plat For Meridian Crossroads Shopping Center - Phase II Expansion City Of Meridian Application For A Preliminary & Final Subdivision Plat For Meridian Crossroads Shopping Center - Phase II Expansion January 03, 2000 Submitted By Developers Diversified realty Corp. And Dakota Company, Inc. Engineering Support Provided By Pacific Land Design & Hubble Engineering, Inc. REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: The submission deadline for ALL applications (other than Final Plats and Variances) is 5:00 p.m. of the first business day of every month. Applications must be submitted to the Planning & Zoning Department, located at 200 E. Carlton Ave., Ste. #201, Meridian. NO EXCEPTIONS WILL BE MADE. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that a complete application is received by the deadline date. Incomplete applications will be returned to the applicant and will not be processed until all required application elements are completed. Applicants are encouraged to arrange for a pre -application meeting with a Planner at least ten (10) business days BEFORE the submission deadline to address any concerns or questions regarding the project. GENERAL INFORMATION 1. Name of Annexation and Subdivision: RE!_o20S 0^5T- Sut3Ot VISI oN 2. General Location: SovTRENsr- Co2NE2 12Eco2y5 Avg. 4, S-mgaiEW Ave. 3. Owners of Record: SEE- AtthGH E V Address: , Zip Telephone: 4. Applicant: 5 ee Att�.�c-i ED Address: , Zip Telephone: 5. Engineer: PAT cK-xHE:FF'L aIZ Firm: Nv8 SLE 6,wm ,emle 0 -:T -NL. 6. Name and address to receive City billings- Name: SEE A i=^ c H eo Address Telephone: PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 23. (o 2. Number of building lots: 3 3. Number of other lots: 4. Gross density per acre: 0.06 LOTS %Aci2E 5. Net density per acre: 6. Zoning Classification(s): G - G. 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? Be,Ny ANNEXEu As C -C 8. Does the plat border a potential green belt? Irl o 9. Have recreational easements been provided for? t4 o 10. Are there proposed recreational amenities to the City? NO Explain 11. Are there proposed dedications of common areas? W o Explain For future parks? No Explain 12. What schools) service the area? COMME2up L - No. A&ucnaLao you propose any agreements for future school sites? No Explain 13. Are there any other proposed amenities to the City? Nd Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Cornrn eye.I A, _ � 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): 6iy4L.6 USE: Lo 'nrn6e4raL 4 16. Proposed Development features: NVurt TeNANT- GOmmEIUML. a. Minimum square footage of lot(s): L o -r 1- 19.3SAc 1 LOT 2 - 2.S7Ac.. , for 3 - 1.(3 AL b. Minimum square footage of structure(s): T C. Are garages provided for? N A Square footage: N& d. Has landscaping been provided for? yES Describe: C. Will trees be provided for?_Will trees be maintained? f. Are sprinkler systems provided for? YEt­ PQESSV¢ttED Faam NMTD g. Are there multiple units? talo Type: Remarks: IL Are there special set back requirements? No Explain: i. Has off street parking been provided for?_Explain: oveizALL. 5.011,000!!S -PT. E?AM1CIke, LeT . C2oss VSE j. Value range of property: N A k. Type of financing for development: P2tvATE 1. Were protective covenants submitted? mss' Date: 1-03-00 17. Does the proposal land lock other property? o Does it create Enclaves? N4 o STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system- 2 ystem 2 Developers Diversified Realty Corp. Preliminary & Final Subdivision Plat Application RECORDS EAST SUBDIVISION Southeast Corner Records Drive & Fairview Avenue Meridian Crossroads Shopping Center - Phase II Expansion 1.) Applicant: Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5656 Fax: 216-755-1678 Care Of : Dakota Company, Inc. 380 E. Parkcenter Blvd. Suite 100 Boise, Idaho 83706 Phone: 208-343-5223 Fax: 208-343-4954 Contact: Tom Bauwens 2.) Subject Property: Southeast corner of Records Drive and Fairview Avenue Approximately 23.6 +/- acres. 3.) Property Owners: Hermes Associated, Ltd. and Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5656 Daniel G. Gibson, Jr. and Carolyn A. Gibson 19500 Highway 2026 Caldwell, Idaho Timothy T. Gibson 1200 North Cloverdale Road Boise, Idaho 83713 Phone: 208-342-8221 See Attached "Affidavits Of Legal Interest" Preliminary & Final Subdivision Plat 4.) City Billings Received Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 page 2/3 5.) Legal Description: See attached 6.) Existing Use: Western 11.4 +/- acres is vacant. Eastern 13 +/- acres is an operating sod farm. 7.) Proposed Use: Commercial - Expansion of the Meridian Crossroads Shopping Center. Three lots 8.) Zoning: The eastern 13 +/- acres of the subject property recently received a Comprehensive Plan Land Use Map amendment change from residential to commercial and annexation into the City Of Meridian with a C -C zoning designation. The western 11.4 +/- acre portion of the subject property has been rezoned to a C -C zone designation. As a Condition Of Approval of the Comprehensive Plan Amendment, Annexation and Rezoning, the project was required to obtain a Conditional Use Permit and subdivision platting. See Comprehensive Plan Land Use Map Amendment CPA -99-002 See Annexation And Zoning AZ -99-012 See Rezone RZ-99-007 9.) Development Features: The project site is located on the southeast corner of Records Drive and Fairview Avenue with approximately 1,310 feet of frontage along Fairview Avenue. The western 11.4 +/- acres of the property is currently vacant and the eastern 13 +/- acres is an operating sod farm. The 11.4 acre portion of the property is part of the existing Meridian Crossroads Shopping Center. Immediately east of the subject property is an existing cemetery, which provides an excellent buffer to commercial uses. Immediately south of the western portion of the project is the existing Crossroads subdivision. South of the eastern portion of the project is an operating sod farm. Preliminary & Final Subdivision Plat page 3/3 The development plans are to integrate the subject property into the Meridian Crossroads Shopping Center. The property will be accessed with entries onto Fairview Avenue and Records Drive. Venture Street will be extended south from Fairview Avenue along the east side of the project. Lot Sizes: Lot #1 - 19.35 Acres Lot #2 - 2.57 Acres Lot #3 - 1.13 Acres Right -Of -Way will be dedicated to the Ada County Highway District for widening of Fairview Avenue and the construction of Venture Street. 10.) City Services: The Applicant agrees to pay any additional sewer, water or trash fees or charges, if any associated with the use of the property as developed for a shopping center. 11.) Public Hearing: The Applicant will post the subject property with a "Notice of Public Hearing" one week prior to the City Of Meridian Planning & Zoning Commission meeting, that the Applicant has applied for a Preliminary and Final Subdivision Plat and that a Public Hearing will be held. The notice will contain the name of the Applicant, description of the Conditional Use Permit application and the time and place of the Public Hearing. 12.) Vicinity Map: See attached 13.) Traffic Analysis: See attached letters from Dobie Engineering and ACHD. 14.) Mailing List: See attached 15.) Covenants: See Attached 16.) Variances: No variances requested 17.) Statements Of Compliance: See attached. DAKOTA December 06, 1999 Ms. Shari Stiles Planning Director & Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Family Center At Meridian - Phase II Expansion Preliminary/Final Subdivision Platting Dear Shari: At the pre -application meeting for the submittal of the preliminary subdivision plat for the expansion of the Family Center At Meridian project, you indicated that you would support the idea of processing both the preliminary and final plat applications simultaneously. During the meeting you phoned Mr. Gary Smith and he also indicated he would support this idea. Based on this discussion and we have decided to submit a preliminary and final subdivision plat application no later than January 03, 2000. Thank you for your consideration and cooperation. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. CC Ms. Joan Allgood - DDRC Mr. Eric- Mallory - DDRC Mr. Craig Trottier - DDRC ■ P''r+ONE :208? 343 3'_3 aC )061 3,1 .1 330 : ; ! ;,i C ` i 4 3.'. . 301SE C AHO 4370., DEC -22-1999 17:14—HUBBLE ENGINEERING ADA COUN'T'Y DEVELOPMENT SERVICES PHONE: (208) 364-2277 650 MAIN STREET, BOISE, IDAHO 83702 FAX: (208) 364-2406 PLANNING BUILDING ENGINEERING • December 20, 1999 Patrick Scheffler P L S Hubble Engineering Inc 9550 Bethel Ct Boise ID 83709 • ZONING RE: Subdivision Name Reservation - RECORDS EAST SUBDIVISION Dear Patrick: At your request I will reserve the name "RECORDS EAST SUBDIVISION" for you to use for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, i . John E. Priester, P.E.IL. S. County Engineer jpfjp Post -its Fax Note To. ,A,� Co./Dept Yom' Phone a Fax e 7671 Date From CO Phone M Fax Y a DAKOTA COMPANY, INC. January 03, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Preliminary & Final Subdivision Plat Application Meridian Crossroads Shopping Center - Phase II Expansion Dear Shari: Enclosed is a Preliminary Plat And/Or Final Plat application along with the appropriate application fee for the Phase II Expansion of the Meridian Crossroads Shopping Center at the southeast corner of records Avenue and Fairview Avenue. Please review. Should you have any questions please feel free to call. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD, SUITE 100 BOISE, IDAHO 83706 City of Meridian Application For A Preliminary & Final Subdivision Plat For Meridian Crossroads Shopping Center - Phase II Expansion January 03, 2000 Submitted By Developers Diversified realty Corp. And Dakota Company, Inc. Engineering Support Provided By Pacific Land Design & Hubble Engineering, Inc. h TABLE OF CONTENTS 1.) City Of Meridian Preliminary and/or Final Subdivision Plat Application 2.) Legal Descriptions 3.) Proof Of Ownership - Warranty Deeds and Title Commitments 4.) Affidavits Of Legal Interest - Hermes Associates, Ltd and Developers Diversified Realty Corp. - Daniel G. Gibson Jr. & Carolyn A. Gibson - Timothy T. Gibson 5.) Traffic Analysis Letters From Dobie Engineering & Ada County Highway District 6.) Mailing List Of All Property Owners Within 300 feet 7.) Statements Of Compliance - Statement of compliance with Ada County Highway District requirements, City Of Meridian Ordinances, City Of Meridian Comprehensive Plan, connection to City services, compliance with City Ordinances, inclusion of all required easements and Street name compliance with City grid system. - Letter stating Public Hearing Notice will be posted on site - Letter stating no variances requested - Statement of conformance with approved preliminary plat - Statement of conformance with all requirements and provisions of Ordinance - Statement of conformance with acceptable engineering, architectural and surveying practices and local standards. 8.) Attachments - Vicinity Map - Area Map - Preliminary Plat - Final Plat - Engineering Design Plans - Geotechnical Investigation Reports - Conditional Use Permit Application Drawings; CU -1, CU -2 & L-1 MERIDIAN PLANNING & ZONING MEETING: Februa 8 2000 APPLICANT: DEVELOPERS DIVERSIFIED REALTY CORP. ITEM NUMBER: 8 REQUEST: PRELIMINARY FINAL PLAT FOR PROPOSED RECORDS EAST SUBDIVISION 3 COMMERCIAL LOTS ON 23.6 ACRES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORN EY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: COMMENTS SEE COMMENTS SEE COMMENTS SEE COMMENTS U" 'iC- 4^ Pf OTHER: All Materials presented at public meetings shall become property of the City of Meridian. LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-1-211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21 2000 TRANSMITTAL DATE: January 10 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PFP-00-001 REQUEST: PRELIMINARY FINAL PLAT FOR RECORDS EAST SUBDIVISION, PLUS OR MINUS 23.6 ACRES/C-C ZONING BY: DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAKOTA COMPANY, INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER OF RECORDS DRIVE AND FAIRVIEW AVENUE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER JAN 1 $ 2000 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS � If - 00 ALL Amp T✓se]t,� O.L+ j :L:i CL r11�c�c1 7tv %�. %kxv E HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN City Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY NIERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 RON ANDERSON City Clerk Fax (208) 888-4218 KEITH BIRD LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-1-211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21 2000 TRANSMITTAL DATE: January 10 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PFP-00-001 REQUEST: PRELIMINARY FINAL PLAT FOR RECORDS EAST SUBDIVISION, PLUS OR MINUS 23.6 ACRES/C-C ZONING BY: DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAKOTA COMPANY, INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER OF RECORDS DRIVE AND FAIRVIEW AVENUE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER JAN 1 $ 2000 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS � If - 00 ALL Amp T✓se]t,� O.L+ j :L:i CL r11�c�c1 7tv %�. %kxv E C1 CENTRAL • DISTRICT 'HEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: RECEIVLu .JAN 2 5 2000 CITY CJF MERIDIAN Conditional Use # reliminary / F7�Short Plat �CO,PoS �9ST .S�l.S'Di�lC.Z'o�r/ ❑ I. We have No Objections to this Proposal. ❑ Boise ❑ Eagle ❑ Garden City AfflMericlian Kuna ❑ ACz ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 14. Date: _1_/z_�/ 60 �2�r/.¢��yylif/% �C syr Gr�•/O%DSS Reviewed By: Review Sheet WHO 10/91 rcb, rev. 7/91 C C \ ♦ ; . �IjT:I�.T F ALTH pEP.ART.MENT M N N ;I<�.i�ili ISI 'r_ �C _ �C .. .. ru gre,-erct acrd treat di.tease and disaitliq: to prrinture 1tcai:lry (ija:'yies: and to prarec: acrd prorrrure cite health acrd treaiiN u% wcr un;r,nnrua. STORMWATER MANAGEMENT RECOLNEMENDATIOLNS we recommend chat stormwatec be pretreated E-`, rou?h a grassy swale prior to dischjt;e to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects in with the design of this project should obtain current best �::anagement practices for stormvvater disposal and des *- a stormwater management system that is preventing groundwater and surface water degradation. -'Mathat could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best tilanagernent Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Scormwacer ',/93:dly $eriirt� riaflev, Elmore, Boise, CRL{Ada Counret Smor9 County rake of 'ey Counry Ct.'cce ACC / 9aiz9 County Ct6C9 ACC -WIC SCNIfile CMC9 a. �I i;:e_ ;r,3 N. I;: d::eer (ti.bRccer' :_.. rcr..e.:C d:ca72,O.:cz I eta 9ctze. 0 :a rc acne. 10 a.Ii _ ,�teun:cn c cif r:_et :-::d _"_ n C. ' :PICC -Mc 10. JG:3 =n tr:I .12 7. Rn. ajd• --- .. ]di•_(i7 r-ntty .-�c :. Ph. A. zL ICd r .i i�crr:nC: ?i -TtCC FAX. 42-L-3.11--27 'NIC. °di==�•'� ;A;(.0-'-•Z17tt rrr...nrtcaC• I27.7•L5C ygrr_rNurnr�Cn' S11•T:Y;j • ® Fa'r: S47•]�2 vnC I?7•T�?? January 20, 2000 :77 dilli • Will Berg, City Clerk Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 33642 JAN 3 1 2000 CITY OF ITVEEILIDMIT 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: PFP-00-001 Preliminary/Final Plat for Records East Subdivision for Developers Diversified Realty Corp, c/o Dakota Company, Inc. Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File — Shop File - Office Water Superintendent Hubble Engineering, Inc. — Patrick Scheffler Dakota Company, Inc. — Tom Bauwens Pacific Land Design — Todd R. Waite APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 27 January 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Patrick Scheffler SHOP: Nampa 466-0663 Hubble Engineering, Inc. �s 9550 W. Bethel Court Boise, ID 83709 RE: Land Use Change Application —Proposed Records East Subdivision PFP - oa -601 Dear Mr. Schefffer: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. if this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, A_,/L-Q- Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Dakota Company, Inc. Hermes Assoc., Ltd. Timothy T. Gibson Daniel & Carolyn Gibson City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40.000 HUB OF TREASURE VALLEY Mayor A Good Place to Live-D-RcElvED ROBERT D. CORRIE 11+Y Council Members CITY OF MERIDIAN FEB p 2000 CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 City of Meridian RON ANDERSON Phone (208) 888-4433 •Fax (208) 887-4813 Crk Off4z P KEITH BIRD - MEMORANDUM: February 4, 2000 To: Mayor, City Council, Planning & Zoning DFCElvED From: Bruce Freckleton, Assistant to City Engineer 4��5Z—FEB 0 4 2000 Shari Stiles, P&Z Administrator,- City of Meridian "lerk Offic-, Re: Request for Preliminary/Final Plat Approval for Records East Subdivision By Developers Diversified Realty Corp., c/o Dakota Company, Inc. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide 5' wide pedestrian walkways in accordance with City Ordinance. 4. Please submit a copy of the Ada County Street Name Committee's final approval letter for the Subdivision name, lot and block numbering. Make any corrections necessary to conform. 5. Please be prepared to respond at the February 8t' scheduled meeting of the Meridian Planning and Zoning Commission. PRELIMINARY PLAT COMMENTS 1. Sanitary sewer and water service to this site slMA be via main extensions from the existing mains installed as part of the Family Center project. Reeords East SubTFRdoe PFP-06-001 r� Mayor, Council and P&Z February 4, 2000 Page 2 2. An additional lot will need to be designated to accommodate the Nampa & Meridian Irrigation Districts pump station. Nampa & Meridian requires that their facilities are located on property that is under their control. 4. The preliminary plat map indicates that a portion of an existing subdivision, "Terrace Lawns Memorial Gardens Subdivision," encroaches into the boundaries of this development. Ada County records do not show evidence of any previous subdivision of this land, and the entire area occupied by Terrace Lawns Memorial Gardens is still section land. Applicant needs to show appropriate surrounding land use; if evidence is submitted that a subdivision does exist, Applicant will be required to vacate any existing easements of record and secure the appropriate lot line adjustments. FINAL PLAT COMMENTS 1. Revise Note 1 to read, "This subdivision is subject to all requirements of the approved Conditional Use Permit and all requirements of the Development Agreement recorded as Instrument No. " 2. Please add the following final plat notes: (2) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian, or as allowed by conditional use. (3) Any re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision, or as allowed by conditional use. (4) The developer and/or owner shall comply with Idaho Code Section 31-3805 or its provisions that may apply to irrigation rights. (5) A stormwater drainage and retention easement is hereby dedicated as shown hereon for the benefit of the Ada County Highway District. Landscaping over said easement shall be maintained by the owners association . No buildings, fencing, trees, or shrubs shall be placed within said easement. (6) The owner of each lot, across which passes an irrigation/drainage ditch or pipe , is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. (7) The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest normal ground water elevation. 3. Please submit three copies of the final plat second page to the Public Works Department for review. Execute the Certificate of Owners and its accompanying Acknowledgement, and the Certificate of Professional Land Surveyor. 4. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" Records East Sub.PFP.doc PFP-O0-001 Mayor, Council and P&Z February 4, 2000 Page 3 fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 5. Designate the bearings and distances along the lines of the easements shown on the final plat. 6. The preliminary plat indicates that within the boundaries of this subdivision, there is a portion of `Terrace Lawns Memorial Gardens Subdivision." If this is the case, the situate statement on the face of the plat, as well as the statement in the Certificate of Owners would need to state that there is a "Re -Subdivision," and the Owners would be a party to the plat. (See Item 4 under Preliminary Plat Comments) 7. Identify the drainage easement shown on the plat as being in favor of the Ada County Highway District. 8. Graphically depict the landscape setbacks on the plat as shown on the approved conditional use permit. 9. This property has not yet been properly rezoned or annexed into the City of Meridian. Final action by the City Council cannot take place until this has been accomplished. Records East Sub.PFP.doe PFP-00-001 HP LaserJet 3100 Printer/Fax/Copier/Scanner SEND CONFIRMATION REPORT for City of Meridian 2088886854 Feb -4-00 12:13PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 267 2/ 4 12:12PM 1 ' 04" 208 343 4954 Send .............. 4/ 4 EC144 Completed............... Total 1'04" Pages Sent: 4 Pages Printed: 0 CITY OF MERIDIAN Planning & Zoning r« Tom 1auwtns r1O Shed Stka Foo 3H3-4954 Oa« 2'4 -OD pho Pft- 4 PmAry o -w) SiaFf R« Pmrds F1tto Todd WAiK 3"WOUI9 5f Sub. �PPP� - mm2nn O U,SwA OPw R -k— O PI—C--W" O p'M RgNy O PI.—R—yd* HP LaserJet 3100 SEND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Feb -4-00 12:15PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 268 2/ 4 12:13PM 1 ' 15" 208 378 0329 Send .............. 4/ 4 EC144 Completed........................................ Total 1'15" Pages Sent: 4 Pages Printea: u 200E. C.*. A—. 51a 201 A.W-SID 83812 Ph -1408)88"" Fac I308)e &"" Toe Tom ( W..'eA5 From SW SSW Fwn 3434954 Do*" Z -4-0c) �11oe1oe Fg1we 4 (IrduMV cw-) Rac1=1 cc.. Todd W&;4c 378' 0 5V) Kteards Fast Sub. (�V - 41=11.1 cc.. ❑ Utyw d LZrFw RcFA. ❑ Pf a Coles WA ❑ PWRely O p ww Rocyclw CIPR-23-1993 10-49 SPJADRANT CONSULTING, INC. 205 342 0092 P.01/03 Post-tr ?-ax Not fol 1 paged r To Flom / c°.A°`°t. , &2 v 4 411 �f Phoma M MOM I fare b F"# '3¢2__0d9 1503 FIR5T STREET SOUTH NAMPA, IDAHO 83651 •A395 W.. / FAX Jt 208463-0092 14, 1999 Phones: Areo Code 208 OFFICE: Nompo A66-7861 Ttaf S�Cve Sw"t SHOP: Nampa 066-0663 Quadrant Consulting, Inc. /,'y4-7 405.3. 81h Street, Suite 295 0 V 1<.iJ Boise, ID 83702 FEB 8 2000 r Coater at Meridian - � Dear 3ii�e Crt'Y i�{�I>11�f The Nampa ds Merle ian Irrigation District has reviewed the above-merntio projects The propoeled piping of the Cloverdale Lateral amen -a to be adequate and sized properly for this function. The location of the proposed private pumping station was originally located immediately upstream of the Dixtri,ct's Crossroads irrigation system and at our request was relocated downstream from the District's system which also meets the District's requirements. I don't feel any further review is necxAmary by the Nampa & Meridian Irrigation District for this project nor do we have any further requirements of the developers as they are maintaining their own pressure system. Therefore, we will not comment on how this system is proposed to be installed. Please feel free to contact me if you feel further discussion is required. Sinoesrsly, tAMP P. Anderson, Water Superintendent A ds MERIDIAN IRRIGATION DISTRICT JPA:dln Cc: File Each Director Secretary -Treasurer Asst. Secretary -Treasurer Engineer - John Sharp City of Meridian - Gary Smith U �)1S F P,C1',T)'( JA-Ie-B'A, C -"mac D" o :> � ,Lo APPRO)ONW I: IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROXCT RIGHTS 40,()00 April 26, 1999 Steve Sweet, PE Quadrant Consulting, Inc. 405 S. e, Ste. 295 Boise, ID 83702 Si�624w1 A— — 9/ 1503 FIRST STREET SOUTH ~A, IDAHO 83651.4395 FAX N 208-463.0092 Phones: Area Code 208 OFFICE: Nampa 466.7861 SHOP: Nampa .466.0663 2 C;eA- RECEIVED Re: FEB - 8 2000 Family Center at Meridian C>< [ Dear Steve: This tetter is to follow up your letter dated 22 April 1999 in regard to the Family Center at Meridian. In your letter you reference the aoverdale Lateral which was piped below the District's pressure urban irrigation system known as Crossroads. The Nampa & Meridian Irrigation District claims no jurisdiction or audxAty past this point. The responsibility of the pipeline lies with the people who own, operate and maintain that stem glow that point:. Therefore, the Nampa & Meridian Irrigation District has no comment In regard to where any Utility Companies place their facilities over any pipes that are not owned, operated and maintained by the District. Please feel free to contact me If you feel discussion is required. Sincerely, ?J=ohn,P. Anderson, Water Superintendent A & MERIDUW IRRIGATION DISTRICT JPA:din Cc: WET"Director Secretary -Treasurer Asst. Water Superintendent Ringert Clark Chartered — Bryce Farris Post -it® Fax Note 7671 Date # oges� Co./Dept.—z-- C/ Co. Phone # Phone # Fax #� _ Fax # APPROXIMATE IRRX3A61E ACRES ANER FLOW R1Gws • 23,000 WISE PROJECT RIGHTS 40,000 DAKOTA COMPANY 1NC. February 08, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 -RECEIVED FEB - 8 2000 WY 4FNEAMN RE: Meridian Crossroads Shopping Center Project - Phase II Expansion Records East Preliminary/Final Subdivision Plat Application Staff Report, February 04, 2000 - Response Dear Shari: I would like to offer the following clarification to the questions and comments raised in the staff report for the above referenced preliminary/final subdivision plat application. The numbered items below correspond to the numbered items in the staff report. Items #1, #2, & #3 - Are acceptable Item 94 - Attached is a copy of the approval letters from the Ada County Engineer and the Street Name Committee accepting the name of the subdivision and the street names. Item #1 - Is acceptable Item #2 - Attached are two letters from the Nampa Meridian Irrigation District indicating they have no interest or ownership in the irrigation pump station servicing the Meridian Crossroads Shopping Center or the irrigation ditch down stream of the pump station. Developers Diversified Realty has no intention of giving ownership of the pump station to the District, therefore a separate lot is not necessary. The pump station will provide irrigation water to all ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 Ms. Shari Stiles February 08, 2000 page 2/2 phases of the development. I believe this satisfies the condition and a separate lot is not required. Item #3 - Is not provided. Item 94 - The Preliminary Plat is correct and the Terrace Lawn Memorial Gardens Subdivision does overlap into the Records East Subdivision. Attached is a copy of the Terrace Lawn Memorial Gardens Subdivision plat which was recorded in 1969. Also attached is an E -Mail from Mr. John Priester, Ada County Engineer stating he has reviewed the situation and the overlapping does not cause any problem and he will accept the replat. I believe this adequately answers this question Items #l, 42, #3, #4, & #5 - Are acceptable. Item 46 - See explanation above Preliminary Plat Comments Item #4 and attachments. I believe this comment is answered and a Re -Subdivision is an acceptable method and agreeable to Mr. Priester. Items #7, #8 & 99 - are acceptable. Please review. Should you have any additional questions or comments please feel free to give me a call. Sincerel , Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. attachments cc: Mr. Bruce Freckleton - City Of Meridian w/attachments DEC -22-1999 17 14 �3BLE ENGINEERING 2oa3?e e3 ADA COUNTY DEVELOPMENT SERVICES PHONE: (208) 364.2277 650 MAIN STREET, BOISE. IDAHO 83702 FAX: (208) 364-2406 PLANNING ZONING BUILDING ENGINEERING • December 20, 1999 Patrick Scheffler P L S Hubble Engineering Inc 9550 Bethel Ct Boise ID 83709 RE: Subdivision Name Reservation - RECORDS EAST SUBDIVISION 0 Dear Patrick: At your request I will reserve the name "RECORDS EAST SUBDIVISION" for you to use for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JP/p Post -it` Fax Note 7671 Osie► From Phone • I Phone R I Fax lFax 0 FEB -08-2000 12:02 WBBLE ENGINEERING SUBDIVISION EVALUATION SHEET Proposed Development Name Recordsa Subdivision File # Date Reviewed 1/11/00 Preliminary Stage ___________ Final 208 378 0329 P.03/03 Engineer/Developer'Hubble Engineering The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following streets are existing and the names shall appear on the lat: "N EAGLE RD." "N RECORDS AVE.' 'N VENTURE STREET" and "W. FAIRVIEW AVE." There are no new street names pros std for this development as "VENTURE' aligns to the north The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME CO SENTATIVES OR DESIGNEES RE Ada County Engineer John Priester Community Planning Assoc. Sue Hansen' City of Meridian Cheryl Sable Meridian Fire District Representati Date Date Date Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index Section NUMBERING OF LOTS AND BLOCKS�t TR\SUSSISM GTY.FRM ✓Q N ;, fz � 200p � TnT01 D Q7 40 APR -23-1999 10:49 JJ;IDRANT CONSULTING, INC. ^' 209 342 0092 P-211.-03 POST -IL- FaX Not /O/ 1 ► To n From i CA/Dep(. tP , TG V Ei Phone x ` I 034t -Z -OD C{c:7 Fax 4 — ! ! 00 ,— x 15503 FIRST STREET SOUTH NAMPA, IDAHO B3651.1395 � - 9�6 FAX 9 208-463-0092 A4 r4 14, 1999 Phones: Area Code 208 OFFICE: Nompo 466-7861 ),6--: Ve sweet SHOP' Nampo 466-0663 QHdraat Consulting, Inc. 405.3.8m Street, Suite 295 Boise, ID 83702 <? `� Y islpor at Meridian Dear sbem; The Nampa & Meridian Irrigation District has reviewed the above-mentioned project. The proposed piping of the Cloverdale Lateral appears to be adequate and sized properly for this fraction. The location of the proposed private pumping station was originally located immediately upatceam of the District's Crossroads pressure irrigation system and at our request was relocated downstream from the District's system which also meets the District's requirements. I don't feel any further review is necessary by the Nampa & Meridian I>crigation District for this project nor do we have any Anther requixnments of the developers as they are maintaining thein' own preasune system. Therefore, we will not comment on how thin system is proposed to be installed. Please feel five to contact me if you feel further discussion is required. I G a.. �. / S . ►� o nc`3�w 4� z1 Sincerely, tohn P. Anderson, Water Superintendent V Il-i,..s-a C` L NAMPA & MERIDIAN IRRIGATION DISTRICT J PA: dln Cc: File Each Director Secretary -Treasurer Aast. Secretary -Treasurer Engineer - John Sharp City of Meridian - Gary Smith - 6 4-.n Z 191 1. �<lSsrL,_ 4(73199 a`t o ;> � ;Lo APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PRORC.T RIGHTS 40,()00 April 26, 19" Steve Sweet„ PE Quadrant Consulting, Inc. 405 S. e, Ste. 295 Boise, ID 83702 Re: Family Center at Meridian Dear Steve: f.L 1,C - UP u►��ct 1503 FIRST STREET SOUTH NAlWPA. 1DAMC 83651.4395 FAX # 208-463.0092 Phones: Area Code 208 OFFICE: Nampo 466.7861 SHOP: Nampa -166-0663 This letter is to follow up Your letter dated 22 April 1999 in regard to the Family Center at Meridian, In your letter you reference the doverdale Lateral which was piped below the L)Wrk:'s pressure urban irrigation system known as Crossroads. The Nampa & Meridian Irrigation District claims no jurisdiction or authority past this point. The responsibility of the pipeline lies with the People who own, operate and maintain that system below that point. Therefore, the Nampa & Meridian Irrigation District has no comment In regard to where any utility companies place their facilities over any pipes that are not owned, operated and maintained by the District, Please feel free to contact me if you feet discussion Is required. Sincerely, flo` aj_~_ John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATMN DISTRICr JPA:dln Cc: Director Secretary -Treasurer Asst. Water Superintendent Ringert Clark Charbered — Bryce Farris Post -it® Fax Note 7671 Date #oof ToFro N Co./Dept. --rte 1 �/� Cl Co. Phone # Phone # Fax #� _ Fax # APPROXIMATE IRROMLE ACRES �— FIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS 40,000 ti U `fie � Im CIrV. n' Jm�ct H l n t, �C °izD tea° •o �' C t. tr 14 IL z c C $ o• p` t CD t r hi c3D ° t 2 l�r�t lu u° u u c < c Q cj � L °^ ~t'?o ` �n��`c�2� U m J t t o �2do,h iD oti C W � E ; x 3 aC t.o N c o o < m u c D v �%;Ij{�u cHi:�cNs W t 4 q C o, l c o`Ic �•�oot'Q: y,�rt" ° °o adv �,� ° E E It L ®44 8fy'oi`CDa 4 t tlj W n t t Qm�; ea, °^N^�_�°v3cy,1 d N tC33a' 4 og dt tcu2�.� u 2 ApQ c o "• c n um 2� y p� y m e C e= t n u �i �t;I. L y6< 42e°oicitt�3uW Y01�.CC`t3� E A t l Q J l A l T T L o cy,C QhU y otg 2oC FEB -08-2000 12:01 HUBBLE ENGINEERING 208 378 0329 P.02iO3 Patrick Scheffler From: John Priester Uohnp@ac1.co.ada.id.us1 Sent: Tuesday, February 08, 2000 11:07 AM To: 'Sherry Sties' Cc: 'Partick Scheffler Subject: Records East Subdivision Sherry: I was asked by Patrick Scheffler of Hubble Engineering to review the Terrace Lawn Memorial Gardens Plat and let him know if I saw any problem with replatting part of the west end. I do not see anything on the plat that would cause any problem for the new plat where the overlap does not include any burial spaces. As long as the developer can show ownership interest I will accept the replat. 1 DAKOTA C 0 M P A N Y, I N '- February February 08, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Meridian Crossroads Shopping Center Project - Phase II Expansion Records East Preliminary/Final Subdivision Plat Application Staff Report, February 04, 2000 - Response Dear Shari: I would like to offer the following clarification to the questions and comments raised in the staff report for the above referenced preliminary/final subdivision plat application. The numbered items below correspond to the numbered items in the staff report. Items 91, #2, & #3 - Are acceptable Item #4 - Attached is a copy of the approval letters from the Ada County Engineer and the Street Name Committee accepting the name of the subdivision and the street names. Item 91 - Is acceptable Item #2 - Attached are two letters from the Nampa Meridian Irrigation District indicating they have no interest or ownership in the irrigation pump station servicing the Meridian Crossroads Shopping Center or the irrigation ditch down stream of the pump station. Developers Diversified Realty has no intention of giving ownership of the pump station to the District, therefore a separate lot is not necessary. The pump station will provide irrigation water to all ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PANCENTER BLVD, SUITE 100 BOISE, IDAHO 83706 Ms. Shari Stiles February 08, 2000 page 2/2 phases of the development. I believe this satisfies the condition and a separate lot is not required. Item #3 - Is not provided. Item #4 - The Preliminary Plat is correct and the Terrace Lawn Memorial Gardens Subdivision does overlap into the Records East Subdivision. Attached is a copy of the Terrace Lawn Memorial Gardens Subdivision plat which was recorded in 1969. Also attached is an E -Mail from Mr. John Priester, Ada County Engineer stating he has reviewed the situation and the overlapping does not cause any problem and he will accept the replat. I believe this adequately answers this question Items #1, #2, 93, #4, & 95 - Are acceptable. Item 96 - See explanation above Preliminary Plat Comments Item #4 and attachments. I believe this comment is answered and a Re -Subdivision is an acceptable method and agreeable to Mr. Priester. Items #7, #8 & #9 - are acceptable. Please review. Should you have any additional questions or comments please feel free to give me a call. Sincerel , Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. attachments cc: Mr. Bruce Freckleton - City Of Meridian w/attachments • DEC -22-1999 17:14 ABLE ENGINEERING 208 378 0329 P.01i01 0 ADA COUNTY DEVELOPMENT SERVICES PHONE: (208) 364-2277 650 MAIN STREET, BOISE• IDAHO 83702 ._ 0 FAX (208) 364-2406 BUILDING ENGINEERING PLANNING ZONING December 20, 1999 Patrick Scheffler P L S Hubble Engineering Inc 9550 Bethel Ct Boise ID 83709 RE: Subdivision Name Reservation - RECORDS EAST SUBDIVISION Dear Patrick: At your request I will reserve the name "RECORDS EAST SUBDIVISION" for you to use for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JPfjp Post -W Fax Note 7671 Date ► r To. n From cojoept. Co. Phone • Phone Fax ■ Fex ht`' FEB -08-2000 12:02 HOBBLE ENGINEERING SUBDIVISION EVALUATION SHEET Proposed Development Namion File # Date Reviewed 1/11/00 Preliminary Stage XX Final 208 378 0329 P.03iO3 Engineer/Developer-Hubble Engineering The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following streets are existing and the names shall appear on the plat: °N EAGLE RD." "N RECORDS AVE." "N VENTURE STREET" and "W. FAIRVIEW_ AVE There are no new street names prom es d for this development as 'VENTURE" aligns to the north The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE E�JCY�RESENTATIVES OR DESIGNEES Ada County Engineer John Priester Community Planning Assoc. Sue H City of Meridian Cheryl Sable Meridian Fire District Representati Date —4z—/ �9O Date Date Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed Illi Subindex Street Index 9 Section NUMBERING OF LOTS AND BLOCKS 41M 00 TMSUBS\SM_GTY.FRM TnT0l D n7 5„ APR -23-1993 10:49 IUHDRgNT CaISIJCT I NG, INC. .... Post -it' rax Nott /b/ 14a 209 342 0092 p.01/03 ' To p$ I& (7 From ih�l.l mi Ca/Dept. 00.Phone N `` �C V � 4• � I p /S7 Phom 3 4-Z. - oo —��Od FuN '341-0,09 �CI 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-e395 W. FAX X 208.463.0092 14, 1999 Phones: Area Code 208 3ir.'3tiCVe Sweet OFFICE: Nompo e66-7861 SHOP' Na PW A66-0663 4uadretit Consulting, Inc. 4{)5.3. Sa Street, Suite 295 Boise. ID. 83702 Qtr I V43Cwr at Meridian The Nampa bs Meridian Irrigation Distinct has reviewed the above-mentioned project. The propos Piping of the Cloverdale Laterad appears to be adequate and sited for this function. Properly The location of the proposed Private pumping station was origj.nally located immediately upab"eam of the District's Crossroads our request ww relocated downstream from the District's Pressure someets the District's requirements. I don't feel any &other review in necessary by the Nampa & Meridian Irrigation District for this project nor do we have any barther requirements of the developers as they are maintaining their own Presmxm system. Therefore, we wW not comment on how this system is proposed to be installed. Please feel tree to contact me if you feel further diacussion is required. Sincerely, I -/ 1. i>.•ner�b.w 4/zl thnP. Anderson, Water Superintendent V, A-iA & MERIDIAN IRRIGATION DISTRICT JPA -,din Cc: File Each Director Secretary -Treasurer Anal. Secretary -Treasurer Engineer - John Sharp City of Meridian - Gary Smith 6 ¢/'12(99 K--- "177 1D o v- s+-,4 , w h,- , T APPROXIMATE IRRIGABLE ACRES RM -R FLOIv RIGHTS - 23,000 BOISE PROItCi RIGHTS I0,t)00 ,-- April 26, 1999 Steve Sweet,, PE Quadrant Consulting, Inc. 405 S. e, Ste. 295 Boise, ID 83702 Re: FamilY Center at Meridian Dear Steve: r.c �uu�t 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4393 FAX # 208-463.0092 Phones: Area Code 208 OFFICE: Nampo 465.7861 SHOP: Nampa -166.0663 This Wiser is to follow up your letter dated 22 April 1999 in regard to the Fanuty Center at Meridian. In your letter you reference the Cloverdale Lateral which was piped below the Dtstr s Pressure urban irrigation system known as Crossroads. The Nampa & Meridian Irrigation District claims no jurisdk:tion or auUxmty past this point. The responsibility of the pipeline lies with the People who own, operate and maintain that system below that point. Therefore, the Nampa & Meridian Irrigation District has no comment In regard to where any utility companies place their facilities over any pipes that are not owned, operated and maintained by the District. Please feel free to contact me if you feel discussion Is required. Sincerely, ?-=f Andersen, P. Water Superinterl&nt A & MERIDIAN IRRIGATION DISTRICT JPA:dln Cc: Director Secretary -Treasurer ASZ water Superintendent Ringert Clark Chartered — Bryce Farris Post -it® Fax Note 7671 Date 9� It of so. To Fro Co./Dept. --rte 1/� Co. Phone M Phone # Fax A_? _ Fax k APPROXIMATE IRRKOABIE ACRES �— RIVER FLAW RJC,47S • 23.000 BOISE PROJECT RIGHTS 40,000 IN t b.a..-.. mmm mum ou n i, 31,I,A�3 W Q i � n R �nZ m � J ` � Z h � Q U 0 Lu N W Z WJ ~ U 2 r w ti z Ll- o 2 � a a Q t b.a..-.. mmm mum ou n i, 31,I,A�3 R �nZ (Z 4C�7 t b.a..-.. mmm mum ou n mmo� M COhO �w C ca` c ^� t a2ee i;'It ia r C. Woes' 2 r�Tccc rter•- a do ` ° t d Ct° VUUUU Qp+ P iy'^ �O< U LCA c t*• a`� �CQ-t I �= L �!u^ L `c �.2- ` rZ Q�1�•1I4 i�1'ti 2ti I t i `�U 2� o n 2� e c NC. oVUUUWWJ111D C Q e N11 -1Z e 2 m LLQ � 0, E C a3 AVO E 2 D1 Cc a C �JW a qlq 4N u.l da�' N^ W tip c J E Qb ®44toc iii°„�Ja u� co w j •i o C t Q ``Wia`'N� eo ” o., � o u• d t L Ji, 'y ri 1 v V:n CC n i,C Qa�iU 4 ori a I 2C FEB -08-2000 12:01 HUBBLE ENGINEERING Patrick Scheffler From: John Priester Uohnp@ac1.co.ada.id.us1 Sent: Tuesday, February 08, 2000 11:07 AM To: 'Sherry Stiles' Cc: 'Partick Scheffler' Subject: Records East Subdivision 208 378 0329 P.02iO3 Sherry: I was asked by Patrick Scheffler of Hubble Engineering to review the Terrace Lawn Memorial Gardens Plat and let him know if I saw any problem with replatting part of the west end. I do not see anything on the plat that would cause any problem for the new plat where the overlap does not include any burial spaces. As long as the developer can show ownership interest I will accept the replat. 1 City of Meridian City Clerk's Office Phone: (208) 888-4433 Fax: (208) 888-4218 Fax C, To: From:ic,l%. Fax• Date: l C, Phone: Pages: m ❑ URGENT 06m CC: ❑ FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY r� Z tt /6s- . Meridian Planning and , .ling Commission February 8, 2000 Page 75 Borup: All right. Well, our unofficial policy was to not start any hearings before 12 o'clock, so Mr. Durkin, looks like your okay—I mean after 12 o'clock. 8. PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR PROPOSED RECORDS EAST SUBDIVISION, 3 COMMERCIAL LOTS ON 23.6 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP.—SOUTHEAST CORNER OF RECORDS DRIVE AND FAIRVIEW AVENUE: Borup: I'd like to open this public hearing and start with staff comments. This is a follow up of previous approvals of which it was finally decided a new plat was required. The applicant first thought it would not require a Subdivision plat and the City decided it would. Hawkins Clark: Right. That is my understanding. I would point out unlike many of what you see, this is a joint preliminary and final plat application. The main principle lay out would be the same but this is the general area here. They are talking about 3 lots on this plat. The staff conditions are more or less typical for our Platting procedures. This lot here that is proposed at the very northwest corner here would be for a separate retail and of course the primary lot for the Walmart and then there is a landscape lot here on the northeast. I don't have in my file any written response. There was one faxed. Okay. Maybe the Commissioner's do. I can't refer to that, but I'll let Mr. Durkin go through it. Thanks. Durkin: Mr. Chairman, members of the Planning and Zoning Commission, my name is Larry Durkin. My address is 380 E. Park Center Blvd, Boise, Id. I am the president and owner of Dakota Company Inc., a Boise based development company. I am here tonight on behalf of Developers Diversified Realty Inc. We are here to night to gain your approval for preliminary and final plat for the balance of the shopping center know as Meridian Crossroads. I have gone through the staff report and I have some brief comments. What I don't comment on, we are completely in agreement to. I had some very minor comments to make on the staff report. Could I call your attention to a comment on page 2 of the staff report. It is paragraph number 2. The comment that an additional lot will need to be designated to accommodate the Nampa and Meridian Irrigation pump stations. Nampa and Meridian required that their facilities are located on property that is under their control. The pump station is not under Nampa Meridian control. In fact there is a couple of letters that we are going to hand out from Nampa Meridian relinquishing control. They have expressed no desire to have control over that pump station. This goes back to April of last year when there was another reason to get a clarification on that. In short, there would not be another lot required for that. I'd like to call your attention to the comment on paragraph 4 immediately following paragraph 2 that there END OF SIDE 6 Durkin: that we will pass out to you from the County Engineer that the final recording of this plat would automatically facilitate a re -subdivision or a lot line adjustment that would PFP 00-001 FEBRUARY 28, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 7 2000 APPLICANT: DEVELOPERS DIVERSIFIED AGENDA ITEM NUMBER:' REQUEST: PRELIMINARY FINAL PLAT FOR PROPOSED RECORDS EAST SUBDIVISION THREE COMMERCIAL LOTS ON 23.6 ACRES AGENCY 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 STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: nTHF-P- COMMENTS SEE ATTACHED P&Z MINUTES SEE ATTACHED LETTER SEE ATTACHED RECOMMENDATIONS SEE ATTACHED LETTER Materials presented at public meetings shall become property of the City of Meridian. (Ac,Pc� 4P F6LCV,�X �1'22100 Meridian Planning and ging Commission February 8, 2000 Page 76 all be handled in one action so there would be no further sub -dividing required. I'd like to call your attention to a comment on page 3, paragraph 9. 1 wanted to just comment on a word there. This property has not been properly zoned. We are properly going through the procedure. It is not yet concluded. Borup: So you'd like to strike the word properly. Durkin: Well I just don't want for the record to show that we are doing anything that might be improper. There is a outstanding matter as it relates to the annexation and rezone and that is the development agreement. The development agreement is prepared by the City Attorney. A draft is prepared. There were corrections and modifications made to the legal description, just general corrections and maybe David would have a comment on that. The final draft was delivered to our office last week. We have approved it and requested the City Attorney prepare an execution copy at which point we will sign that and that goes to the Council for signature. I don't believe there is any further public hearing on it. It is just a matter of record of the testimony. That is the outstanding matter that is being done as far as the annexation and rezone. We also have received from you a favorable vote for a conditional use permit for this phase of the development and I understand that is to be heard at Council next Tuesday night. What I am trying to do tonight is focus specifically on the plat matter and the questions on the plat. I'd like to call your attention to the section on page 2 of the staff report. Final Plat Comments. This is a correction on paragraph number 5. The second sentence that ends with the word association. There is no association here. I think that would be language for a Subdivision, but there is no owners association here. I would request that you strike that word. No word, just a period after owners. The comment no buildings, fencing, trees or shrubs shall be placed within the storm water—referring to the storm water drainage and retention easement area. We –the easement is going to be in favor of Ada County Highway District and we have the ability to place trees and shrubs in that easement area with a license agreement with Ada County Highway District. I talked with Larry Sales today and they are in favor of that idea. I just would like that we request that we strike the words trees or shrubs and suggest a way to come up that we can do it in accordance with ACHD requirements. We think it will look better. The area that they are talking about is on the gateway of the street into the City right along the front of the project and we think then rather than a big grass bowl, it would be nice to have trees and shrubs in and around it. That was always in our plan. I would like to ask that language be added to the plat that wording that would allow us to bond for the improvements in accordance with the City Code. Either bond or cash deposit or letter of credit. We are taking this through a couple of different –the building permit process and one of the things that has happened to us in the past that we really can't find it in the ordinance book, but there seems to be a feeling by staff and some of the department heads that some improvements have to be completed prior to the issuance of a building permit or prior to even the acceptance of a building permit application. We will be doing a lot of this work at the same time. We would request they add language in there allowing us to bond or however. I don't know who decides that, if that is Will's decision or who decides if it is a cash deposit or a letter of credit or a bond. We would like to have that ability to bond for all of the improvements and have it on the plat. I Meridian Planning and , :ling Commission February 8, 2000 Page 77 think that 's in the ordinance now that we are afforded that but I'd like but I'd like to have it on the plat as it is circulated. Those are the extent of my comments on the staff report. I think that you now have these letters. That is the extent of my comments. I have just a brief update on our communication with the neighbors. I have had a number of meetings with –one meeting with Crossroads homeowners association board. I have had another meeting with the Crossroads homeowners association president. They continue to, the president in particular continues to express concerns about cross-thru and some traffic matters that Ada County Highway District doesn't share that level of concern, especially with the improvements that we are doing on Eagle Road. We are going forward with the installation of a new traffic light at Pine. That will be synchronized with the existing light at Eagle and Fairview and the new light that we recently installed at Records. The three of those lights will be synchronized creating a much more desirable traffic flow. It was our opinion tonight that we would just address related to the plat and not get into any of the development issues that will be heard next Tuesday at the City Council meeting. That is the extent of my comments and I am happy to answer any questions. Brown: Mr. Durkin are you asking under 2 that we add a number 8 that would give you the ability to bond (inaudible) Subdivision improvements, is that what I understand. Durkin: Commissioner Brown. I believe we enjoy that privilege now. It is in the ordinance. I think just for clarification as we go forward, if it would not be a conflict for the City, I'd like to have it in the text on the plat. That is what I am asking for. Brown: Your asking for a note on the plat so you can bond. Durkin: That's correct. These are, my understanding is these final plat comments would be – Borup: It is up to you to add it on the plat. Durkin: Right. See paragraph 2 where it says please add the following final plat note. Borup: You'd like to include the bond in one of those notes. Durkin: I'd like to add that so you'd have number (inaudible) is what I'm asking. Borup: Any other questions? Brown: Your correspondence with the County Engineer, he is not going to like that. It is a useless piece of text on a plat. A plat is a document that lasts forever and like this old document we are looking at here the information is for the people that are to be there. Any zoning relating things and anything that could change in the future where the text that you are talking about is something that should take place while being processed or it is something that is allowed by code—even if the City Staff lets you, Mr. Prester is going to have problems. Meridian Planning and Z__ _. ting Commission February 8, 2000 Page 78 Durkin: I respect that comment and your experience in this Commissioner Brown and I would only then ask that you make some recommendation to staff that that be the case and not necessarily have it on a note on the plat. Your right, it does live forever. Borup: That could be added as item number 10. Question for staff then. Any comments on Mr. Dunkin's —1 think he went through them pretty completely. Freckleton: Members of the Commission I do have some comments. First of all I guess, question for Larry. On your landscaping around the entire site, do you not have an association or some cooperative to take care of the landscaping. Durkin: We have owners that take care of it. There is an obligation in an cross season and use agreement that is a publicly recorded document requiring the level of maintenance but the on this particular parcel the owners take care of the parcel. There is no association. Borup: So each one take on their own lot or building. Walmart would do theirs and the restaurant and whatever would be doing theirs. Is that what your saying. Durkin: There may be—there is a recorded maintenance agreement that everyone takes care of it to the highest standards. If they don't any of the other parties can step in and take care of it. It just isn't an association and I just was trying to be as clear on that because it is not, there is no owner's association or anything like that. Borup: The question Bruce was for the pump station. Freckleton: That is where I was headed with it. Typically, as my comment alluded there, in an MID System they require (inaudible) ownership of the parcel that the pump station sits on. If it is a private system, what our concern is, is that there is some mechanism that—whether it be a cross access easement or something written into a covenant that gives everybody that's went into that development access rights to the pump station. That is where we were headed with that and in the past it has been a very effective way of doing it to create a common lot whereby you can make reference in your maintenance agreement to say lot 1, block 2 for access or whatever. Durkin: I have an answer to that. We have our common area, excuse me, we have a document that is recorded on this parcel now. It is called a Declaration of Easements and covenants that effect the land. It has been reviewed by the City Attorney and it covers those matters. I don't have a copy of it with me tonight, but it covers all the matters relating to access, cross access for all of the parcels. It runs with the land. Borup: That would include the pump station? Durkin: It includes the pump. It includes the maintenance of the facility, the parking lot light bulbs and all of those matters. Meridian Planning and _ ming Commission February 8, 2000 Page 79 Borup: That answer that for you. Freckleton: It does. In reference then back to the pressurized irrigation system, I was talking with our review, plan review staff today and I guess they were under the impression it wasn't a MID system. We did run these plan, the plans for the development through and approve them without a pressurized irrigation plan included. Again, thinking Nampa Meridian was going to be doing that review and approval. So, currently I guess, you have an approval with out an irrigation plan approval so sticking with our standard, we need to have those designs submitted to our office along with an OEM Manuel and the whole kitten caboodle so that we can review and approve those. Durkin: Your talking about the review and approval of the irrigation plans? Freckleton: Yes. Durkin: I'd like to represent to you to night that will definitely be a part of our package when that work is done. If I could take a second I could (inaudible). Borup: Let me ask Bruce on any problem with deleting or changing the trees and shrubs on that landscape easement—either deleting or adding with permission of ACHD. Freckleton: No, and on that issue I guess I would just recommend that the wording of that note be approved by ACHD. It is to their benefit and certainly it's their note. It's their baby, so satisfy them. Borup: Okay. Did you hear that comment. That was on number 5. That is ACHD standard wording and they change that something to the effect either eliminate trees and shrubs or say with an agreement signed by them or something. However they want to word it is fine with the City. That is their—whatever you work out with ACHD on that. Durkin: Can I just say—I'd like that sentence if it is possible to read, no building or fences shall be placed within that easement. Borup: I think what Bruce is saying, whatever ACHD will approve is what needs to be. Durkin: Let me complete the sentence. No building, fences, trees or shrubs shall be placed within said easement without approval from ACHD. I don't you to think I am planning on building a building or anything. Borup: Understand that. I think what he is saying that ACHD controls that so what ever wording they approve is agreeable. Meridian Planning and ;ping Commission February 8 2000 Page 80 Durkin: That is acceptable to me. The irrigation system plan is being drawn or worked on right now and I can commit to you tonight that it will be submitted to the City for approval with the balance of our utility plans. Borup: Okay. Any comment on the bonding. That has been stated it's pretty standard. Sounded like just added to the staff comments, is that agreeable. Freckleton: That's fine with me. I do have one other comment in regard to preliminary plat comment number 4, in reference to the existing the existence of an existing Subdivision. We received CD's from the County Assessor's Office with supposedly all of the County and City Subdivision plats on them. That was were we got our information. We could not find this so I am glad that they supplied it to us tonight. The purpose of my comment was that when you do a Subdivision and your incorporating lots in an existing Subdivision, you need to make reference to the existing Subdivision in your (inaudible) statement and that sort of thing on the plat. Referencing an existing Subdivision that you are re -subdividing, so that was the just of my comment was that when the preliminary plat is prepared, the land surveyor will just make sure he references the existence of the – Borup: That letter from Priester—that answer your question there? Freckleton: Well yeah, John is saying that it exists and they have supplied us with the recorded copies of the plat. I don't think it is going to be a problem at all as long as they make reference to the existence to the plat. That is state statutes standard requirements. Reference needs to be made on the plat because you are re -subdividing some existing lots in a Subdivision. Borup: So, that is another note that needs to be added to the plat. Freckleton: It is not necessarily a plat note. It's the statement across the top of the plat, plat showing. What it would say would be something like a part of Terrace Lawn Memorial Gardens Subdivision, whatever. It is pretty standard stuff. Borup: Okay, Larry I think we covered everything you had mentioned. Durkin: I'd like the opportunity to comment. Hatcher: Thank you for being complete and concise and short. Thank you very much. Borup: This is a public hearing for review of this preliminary and final plat. Anyone from the audience like to come forward. Yehle: My name is Ray Yehle. I live at 3607 E. Congressional, Crossroads Subdivision. I am the president of the Subdivision. I had a few questions first and then have a few comments. First of all I'll just state that I am opposed to the annexation. Meridian Planning and'. iing Commission February 8, 2000 Page 81 Borup: Mr. Yehle, can we kind of clarify a couple things. That item is not before us tonight. If you are opposed to that you need to address that to the City Council because that is where that will be heard. What we are talking about is this plat, those 3 lots. That is the only thing that we are looking for information on because the rest isn't really pertinent. Yehle: But I just want to clarify my position so that I can talk about the rest of it for some of the homeowners concerning a couple items on here. On the plat and what I was saying just one second, myself I am opposing an annexation because I know what it leads to beyond this point because we know what is coming up a week from now which is the Walmart Store. So, we will go back now and talk about a couple of the issues. Can I ask you a question. Has this been annexed legally by the City yet. Borup: Not yet. Yehle: Not yet. Until it is, I feel that we can still say whether we oppose it or not. Borup: That is not pertinent here. If you going to persist on that I am going to have to cut you off on your time. We are here to head testimony on the plat. Yehle: Okay talking for the other residents of Crossroads, okay. We look at the irrigation, we got a little offset at the bottom. I can't read over there but I think your supposed to pipe that water in. They are going to have to tile it or something. From to the left, to the left across from there all the way over west, okay. Then stops there. I just want to know if the developer is going to stop there at this time or if he is going to continue to the end of his property to the east because I bring that up because once they go in there and disturb that ditch, they just got so much time to get that work done before the season starts. Borup: I can answer that. That is a City Ordinance that all ditches through a property needs to be piped so they will be doing that. Yehle: Okay, but— Borup: They will not be distrubing the normal flow of water. Yehle: Okay, but I'd like to ask that they go beyond that center point and go clear over to Venture Street even though —it looks like they may be going on the adjacent property which would be part of the development. Borup: So you want them to go through someone else's property and pipe a ditch? Yehle: Well I think it would be a good idea so that we don't end up being disturbed you know. We've had all kind of problems for all last year and the year before. And everybody has been calling (inaudible) irrigation ditch, the ditch rider everyday. It costs us a lot of money every time he comes out, they add it to our taxes and everything and Meridian Planning and . ,ling Commission February 8, 2000 Page 82 this year we don't want to go through that again. We are just asking for more help, you know so that, Nampa Meridian Irrigation District is going to work with us but as long as we have disturbances around that ditch and so forth, we are having a lot of problems with our 260 homes. Borup: I understand the problem there, but I don't know how we can require that, especially when there is not even a design for that property. The ditch may be re-routed another direction. Yehle: Maybe I could ask that it be re-routed and be done by the developer. Borup: You certainly could ask. Yehle: I just ask it. I guess there is not a lot I can stand up here and say to change anybody's mind about approving the annexation and so forth. The only thing I can say is that the impact it is going to make upon our Subdivision and if that doesn't matter at this point of time, by the extending of that property, by increasing more traffic over there to the west because it will, and by great numbers. When we bought into the Subdivision we did not expect that. People are going to sell out because of it. It is going to bring down our property values because of it. What it is going to cost and the impact and so forth and so I feel that 26 acres is way beyond anything everybody's imagine when we— Borup: Mr. Yehle, I need to remind you again that that is not the item that is on the agenda. You need to address City Council on that. We have—we have all ready discussed annexation at this meeting. It is out of our hands. There is nothing more we can do about that. Yehle: If you want to put this off the record Okay. I just would like to know how the public can –26 acres and how the public can get involved and if they know what that 26 acres is going to do to them. They know how it is going to hurt them because they know what's going to happen down the line. If they don't get a chance to address it or do something about it then— Borup: That is why we hold the public hearing so the public can know about it and comment about it. Yehle: When do you get the opportunity to talk about that 26 acres that is being annexed. When do you give the public the chance to— Borup: You all ready know that answer. Yehle: No I don't. I am asking off the record. Meridian Planning and - ding Commission February 8, 2000 Page 83 Borup: Before it happens. That's what took place last month and that's what took place several months before when we talked about the Comprehensive Plan change. That's what's taken place the last two years. Yehle: (Inaudible) acres was added to it? Borup: To what? Yehle: (Inaudible overlapping discussion) and the public got a chance to come in and comment on it. Borup: Yes you stood here and did 6 pages of comments on it. Borup: Yes sir. Last month. Yehle: The last one was the conditional use permit. Borup: And the annexation prior to that. Yehle: I wasn't there on that. Did not know anything about it. Our people wasn't either. Borup: Well, there is nothing more we can do about that tonight. The City Council is still addressing that. Yehle: I just don't think it is fair the way it is set up. I wish there was some changes made so the public and association members and so forth could get involved and at a decent hour. They are all disgusted. They go home and lost interest. They have all lost interest. Let's give up in Meridian. Let's sell out or let the developers buy us out and put it in an industrial area in there and we are willing to sell if we can get more of the value. People can't even get their money or value out of their homes now. Borup: Okay, thank you. Anyone else? Hill: Emery Hill. I live at 1211 N. Legislative way in Crossroads Subdivision. One question. Why are we always last. You know? 12 o'clock last time we —you know the last meeting. I wasn't here. I had to send a letter. I am not use to this, so bear with me. I will try to keep it short. To make a comment, you say why and I have heard the question asked why aren't people here. Because they have given up on you guys. You guys, you people are killing us literally. Our Subdivision is dying because of what your doing and how your building letting these guys come in and build around us. I am not against growth, but I am for common sense. We have 260 homes in our Subdivision. They are family orientated homes and they won't be anymore. People are all ready selling out. When we moved in there, and it not any of your peoples fault, and I am not mad at any of you, but when we moved in there we was lied to from day one. We moved in February of last year. Bought a nice house in there. Have very nice neighbors in there. We were told that the turf farm east of us would stay. We were told Meridian Planning and _ ,ning Commission February 8, 2000 Page 84 that when we moved in there, there was Shopko all ready being built there. We knew that there was going to be a Texas Road House there. We know, they told us there would be a strip mall and some other stores, Old Navy on the west end. We said what about this parcel here. They said that is zoned for homes. Borup: Who told you that? Hill: Our realtor and the developers, Capital One Development. Borup: That this parcel here was zoned for homes. Hill: Yup. Now, that is what we were told. Like I say, it's none of your fault. It is my fault for not checking it out. Barbeiro: Mr. Chairman, I can attest to the speaker that numerous residents in that development did tell me the same thing. Residents who brought during construction were told it's going to be a small medical complex. Don't worry about it. I have heard that over and over. Hill: Exactly. Borup: On the additional acres that was annexed? Barbeiro: No, on —where Shopko was built. What's going around the corner. A small strip mall—some medical offices. Hill: We was. We was lied to. My wife and I was lied to from day one. It's not your fault. Borup: It wasn't by the applicant. The applicant from day one was straight forward about there going to be something on that parcel. Hill: With this development here and I know of the parcel that your talking about. It is going to increase traffic and they say, well traffic won't come through your Subdivision. That is not true because it all ready is just from the Texas Road House. We have all ready had one death on Fairview coming out of that parking lot. You got to do something about the traffic. I know this is probably going to go through and I am talking to deaf ears here, I'm sorry, but that is the way most of the people in our Subdivision feel. Borup: Sir, your not talking on deaf ears but your talking about a subject that has all ready gone and passed. Hill: I know. I don't know if Planning and Zoning Commission got my letter for the last meeting. I never heard anything from them. I left it at the Clerks Office. She said she'd get it to you people. I just want to let you know why people aren't here. Not only the Meridian Planning and _,Ping Commission February 8, 2000 Page 85 late hour, like I say, you guys want to go home. I want to go home. But, people aren't here because they have just lost hope. They have lost faith. You people won't listen to us. 260 homes in that Subdivision. It is dying. It has all ready started to die. Pretty soon all your going to have in there is rentals and it is going to be garbage Subdivision. Barbeiro: I want to make a point with you that first off, you know that I know that you and many of your neighbors were lied to by real estate developers and real estate agents who were selling the property. I just want to point out that 4 months ago, the Planning and Zoning Commission approved recommendation for a site on Overland. The neighbors from Sportsman Point and Salmon Falls brought nearly 120 people to the City Council meeting and City Council reversed our decision based upon— Hill: We're planning on being at City Council next week, trust me. Barbeiro: Believe me that the volume of people will a tremendous difference and it has happened in recent history. Hill: I appreciate that. Anyhow, I'll let you folks go home and I'll go home. Thank you for listening to me. Appreciate it. Borup: Ray, is this on the plat? Yehle: I just want to make a comment. Mr. Borup we will go off the record okay. Borup: I'll be happy to do that when the meeting is over. I'll stay as long as you want. Yehle: Well I think you—sir, put it on the record. You allowed this man to come up but you would not let me speak on the same subject and I want to open up this floor and show you exactly what happened that he was talking about and the plan and what the developer did and everything, and you would not even let me because you said it was all passed and everything, but yet you let—and I'm glad you did let him speak because I admire what he said. Borup: Thank you Ray. You can sit down now. I'll stay afterward as long as you'd like. Yehle: Your very prejudice. Norton: I move the public hearing be closed. Barbeiro: I'll second the motion. Brown: Mr. Chairman I would ask that the applicant at least have the ability to rebut anything before we close the hearing. Borup: If you would like. Meridian Planning and mining Commission February 8, 2000 Page 86 Durkin: I just have a clarification. I'd like to ask staff to point to –could you just make the Commissioner's aware of where that drainage ditch enters the property. It is actually east. The drainage ditch enters the property from this direction from right about that corner and then turns along. Borup: Okay, so it does not—that is where it enters your property at that point. Durkin: Roughly at that immediate area so we wouldn't be tiling anything toward Venture because there is no ditch. Borup: There is no ditch on your property. Durkin: There is toward Records Drive. Borup: Right. I think that City Ordinance is the ditch is through your property and if that doesn't go through-- Thank you. Borup: We had a motion. All in favor. MOTION CARRIED: ALL AYES Borup: Okay. Do we have a recommendation? Hatcher: Mr. Chairman, I motion that we recommend approval to the City Council for the preliminary and final plat for the proposed Records East Subdivision, 3 commercial lots on 23.6 acres by Developers Diversified to include staff comments with the following modifications. That under preliminary plat comment number 2 be stricken. That under final plat comment number 2, paragraph 5, that the word association be stricken and the words trees and shrubs be stricken and that at the end of said easement, add the words per ACHD requirements. Also under final plat comments, add requirement number 10 that a bond or cash deposit (the standard City wording for bonding and cash deposit) for improvements be added. Bruce did I miss something. Freckleton: Just a point of clarification on that plat note number 5, what our intent there was to let the applicant work out the final wording of that note with ACHD, not us re- word it and put per ACHD requirements at the end of it. Let's just let the developer and the applicant work out the wording. Hatcher: I make my motion to reflect that—per ACHD's wording as agreed to by ACHD and developer. Brown: Second. Brown: Any discussion? All in favor/ MOTION CARRIED: ALL AYES. HP LaserJet 3100 SEND CONFIRMATION REPORT for printer/Fax/Copier/Scanner City of Meridian 2088886854 Feb -11-00 8:58AM Job Start Time Usage Phone Number or ID Type Pages Mode Status 299 2/11 8:57AM 0'30" 208 378 0329 Send ............. 2/ 2 EC144 Completed.... QIJ, cJ JCII l . L WOE. C"m Aw, ®a ]01 "—'0 6— Ph— MWAS"M F- rNSW MM rayes rriniea: u *o PgACk sayer pn= S -M Dwy fm 9784= wt. 2/11/00 /bar Rp- 2 (hAdi 0 ower) Rr RaoorErl Bub.PPsppwm CG ❑ ureem 0 Fa MMwv O Mwo Crwre 0 xrr aft ❑ llryNRecycle RECEIVED FEB 14 2000 City of Meridian City Clerk Office MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless February 10, 2000 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 Tom Bauwens Dakota Company, Inc. 380 E. Parkcenter Blvd., Ste. 100 Boise, ID 83706 RE: Preliminary/Final Plat Approval for Records East Subdivision Dear Mr. Bauwens: 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 This letter is to confirm that the City of Meridian's Planning & Zoning Commission recommended approval with conditions on the Preliminary/Final Plat application for the subject property at their 2/8/00 meeting. The preliminary plat is scheduled for a public hearing before the City Council on 3/7/00. Sincerely, CITY OF MERIDIAN ,S4,- '::�- 44 Shari Stiles Planning Director/Zoning Administrator WHITE, PETERSON, PRUSS, MORROW &. GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON Wm. F. GIORAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE *ALSO ADMITTED IN OR • ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 To: Staff Applicant Affected Property Owner(s) Email via Intemet @ Wfg@WPPmg.cM February 22, 2000 Re: Application Case No. PFP-00-001 1j.UCEIVED MAR - 1 2000 CITY OF MERIDIAN NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466-4405 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): PLEASE REPLY TO MERIDIAN OFFICE Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be Frepared to state your position on this application by addressing the indings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legg��'ble) the Position Statement if you disagree with the Findings and�Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pre are a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be Eresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, ity*At Office —9/Z'\WorkWN\ ridian 15360M\PLANNING AND ZONING FILE\PZPo tionStatemenLLtr BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR RECORDS EAST SUBDIVISION by DEVELOPERS DIVERSIFIED REALTY CORP., c/o DAKOTA COMPANY, Applicant Case No. PFP-00-001 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 23.6± acres in size and is generally located at the southeast corner of Records Drive and Fairview Avenue in Meridian, Idaho. 2. The owners of record of the subject property are Hermes Associated, Ltd. and Developers Diversified Realty Corp. of Beachwood, Ohio; Daniel G. Gibson Jr. and Carolyn A. Gibson of Caldwell, Idaho; Timothy T. Gibson of Boise, Idaho. 3. The Applicant is Developers Diversified Realty Corp., % Dakota Company, Inc. of Boise, Idaho. 4. The subject property is currently zoned Community Business District (C -C). The zoning of C -C is defined within the City of Meridian's Zoning and Development Ordinance Section 11-7-2I. 5. The subject property is within the city limits of the City of Meridian. 6. The entire parcel of the property is included within the Meridian Urban RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -RECORDS EAST SUBDIVISION BY DEVELOPERS DIVERSIFIED REALTY CORP. Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: Expansion of the Meridian Crossroads Shopping Center by construction of a Walmart Superstore. 8. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary and final plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Sanitary sewer and water service to this site shall be via main extensions from the existing mains installed as part of the Family Center project. 1.3 The existing subdivision, Terrace Lawns Memorial Gardens Subdivision, encroaches into the boundaries of this development. The plat was reviewed by the Ada County Engineer who indicated the replat was acceptable. Staff require vacation of any existing easements of record and appropriate lot line adjustments. 1.4 Note 1 on final plat should be revised to read: "This subdivision is subject to all requirements of the approved Conditional Use Permit and all requirements of the Development Agreement recorded as Instrument No. RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -RECORDS EAST SUBDIVISION BY DEVELOPERS DIVERSIFIED REALTY CORP. 1.5 Notes are to be added to the final plat notes as follows: (2) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian, or as allowed by conditional use. (3) Any re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision, or as allowed by conditional use. (4) The developer and/or owner shall comply with Idaho Code Section 31-3805 or its provisions that may apply to irrigation rights. (5) A stormwater drainage and retention easement is hereby dedicated as shown hereon for the benefit of the Ada County Highway District. Landscaping over said easement shall be maintained by the owners. No buildings or fencing shall be placed within said easement, to the satisfaction of the Ada County Highway District. (6) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. (7) The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest normal groundwater elevation. 1.6 Applicant shall submit 3 copies of the final plat second page to the Public Works Department for review. Applicant shall obtain signatures and acknowledgments of Owners and Professional Land Surveyors. 1.7 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition, Water and sewer "latecomers" fees will be charged against this parcel to help reimburse the parties responsible for installation of water and sewer mains to their current points. 1.8 Applicant shall designate the bearings and distances along the lines of RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT -RECORDS EAST SUBDIVISION BY DEVELOPERS DIVERSIFIED REALTY CORP. the easements shown on the final plat. 1.9 The situate statement on the face of the plat, as well as the statement in the Certificate of Owners shall state that there is a Re -Subdivision, and the Owners would be a party to the plat, in reference to Terrace Lawns Memorial Gardens Subdivision. 1.10 Applicant shall identify the drainage easement shown on the plat as being in favor of the Ada County Highway District. 1.11 Applicant shall graphically depict the landscape setbacks on the plat as shown on the approved conditional use permit. 1.12 Action on the final plat can only be taken after final action by the City Council on annexation and zoning. 1.13 A letter of credit or bond acceptable to the City of Meridian shall be required for all improvements and a note to this effect shall be noted on the final plat. Z:\Work\M\Merldian 15360M\Woodb idge CommunityTROO1Ree.wpd RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT -RECORDS EAST SUBDIVISION BY DEVELOPERS DIVERSIFIED REALTY CORP. Acla Cot1W1,Vq.__Riq4wa, 2)ij1,i,1 I ' "" Y I ' !" 'u U" 318 East 37th Street Dave Bivens, Vice Presidnt 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 February 16, 2000 1?FCB_TVED TO: Tom Bauwens Dakota Company, Inc. 380 E. Parkcenter Blvd., Suite 100 Boise, ID 83706 FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT Preliminary Plat: Records East Subdivision Southeast Corner Records Drive & Fairview Avenue F E B 2 2 2000 CITY OF MERIDIAN On February 9, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority together with the payment of fee charged for the manufacturing and installation of all street signs. 2 4. If Public Right -of -Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two -weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15 -days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services -City of Meridian Construction Services — John Edney Drainage- Chuck Rinaldi Brent Claiborn Hubble Engineering, Inc. 9550 Bethel Court Boise, ID 83709 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - Records East/MPP00-001 Fairview Avenue/Records Drive The applicant is requesting preliminary plat approval for a 3 -lot commercial subdivision on 12.3 - acres. The site is located at the southeast comer of Records Drive and Fairview Avenue. The site is estimated to generate approximately 7,600 additional daily vehicle trips per day based on the submitted traffic study. On January 5, 2000, the Commission reviewed MCUP00-004, a conditional use application to construct a 206,347 -square foot Walmart store and a 30,000 -square foot retail store. That application was for a 76,618 -square foot expansion of the previously approved Meridian Crossroads Shopping Center. The current application is a preliminary plat for the site. Roads impacted by this development: Eagle Road Fairview Avenue Records Drive ACHD Commission Date - February 9, 2000 - 7:00 p.m. t ._.. LU LU LES UE p o IuF_ADpWGRASS - _GRANGER—__-... . _. --_ J �-CLOVER ---- w MEADOWS w -- _ LU < -- o ...... SITE WILSON FAIRVIEW JEWELL v U 0 � O SUNNYDALE N PINE . ' 0 DRIFTWOOD prr ¢ PRESIDENT C _ COMMERCIAL o EXECUTIVE 0 _ LANARK - C fTi U - FRANKLIN SPRINGWOOD AUTUMN LN. SCALE l-,Inch,,300 feet ;RECEIVED CFC 0 8 1999 ty«o9 mua { I R v/E w 4VE- l k;' WA �'CeR101AN c2AssRoaps SHo¢P�N4--CEn1`Te2 C �4 j K 23 24 25 26 27 28. 29 OR. z i0o, 4S 6 T e 9 10 I II FLORENCE DR._./1 6 23 24 25 16 18 V 26 IS 19 9 2 1 14 20 Z _8 8 9 13 21 10 Z 7 4 I I 12 29 r 22 P, 6 / F� 2 11 2 R 9 - 23 �i� 5 29 32 y 24 r 9 30 3: G� 0 I 1 25 u L� 12 13 26 14 15 3 27 /16 28 29 30 3 17 37 S 29 r (�32 18 30 4 � 30 19 4,yRil I 3 31 �(ql 39 35 2 32 > 36 33 36 n F,� r_ o ' TERQ4CE LAWN MEMOLLINL GACLDENS RT RECEIVED DEC 0 8 1999 COfl31ri114 P(al1f*V Assocktion ° 3t W W Tills Z _ � A ;" tN p < x< z3 JC✓ I lg y sl' $ 9 0• • O-4 I S N 3 0 M V 0 I v I a 0 w 3 VI N M v 1 3 3 v a a 3 1 d9'y't A N 3 1 3 W 3 0 0 3 1 1 V l d n M S x— r VI ,90'499 .4L,99.00 rD'„o • S �p h UKOR O 133&S 3WUN3A ,ur..00 • r[9•GI I T�{ b Z Q wA Ir ~§ I I I 1 n ol g tlf .ao�s,s 31C.,Lao N ga / Li C/) 0 ry a oL,_ Z I I i 13 z p Q � ml �= Z W r- ZO = I—CD N -ZC) W < .0Nwo ` z °omU UJ �m m • u . g' _ „$ a I L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -i L .906`!1 M ,41,94.00 S� — — — — 1�$ rric Z -- - .I...(-.-.-.-.-.-.--.-.-.-.-.-.-.—,-..F......ncux r.n.;jT:7.....—. 77 ...-_.----.-1..L.. ^ Lam\ z n m W I .. _.... _ ................ I I W , F— < p ZIP; I I III �e rr U F I I I I I ba gl. Y O H I .OD'�w 7 lIlL00 N i l r yl V r I I In In<ISOkb_AM L,.'4 * I I n g� pE N po 7 NP III na III I /f I I I I :n$ <g_$ O > ¢p Z II OZ'9L Gam\ uS' � � ,42'862 3 .00,9100 N 3 ,SC,LC.ZO N '.�6'LLZ 3 .00,9100 N % — — — �� 3nm3AV SOW003N 3 G m m � t 0311V1dNf1 N ,A + a ,iN N 2g — — — y P rn m ,prdw S SNIW38 d0 SISV6 OVoa 3'gv3 'N — — — L gip m sV D Facts and Findings: A. General Information Owner -Developers Diversified Realty Corporation Applicant -Developers Diversified Realty Corporation (C/O the Dakota Company Inc.) C -C - Requested zoning 12.3 - Acres 3 - Buildable lots 236,347 - Square feet of proposed buildings 145 -Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western.Cities - Impact Fee Assessment District Eagle Road (State Highway 55) Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with 78 -feet of pavement with five travel lanes and no curb, gutter or sidewalk. Eagle Road is State Highway 55 and is under the jurisdiction of the Idaho Transportation Department (ITD) Fairview Avenue Principal arterial Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 2460 -feet of frontage (current application only) 100 to 120 -feet existing right-of-way (50 to 60 -feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with 68 -feet of pavement, five travel lanes, and no curb, gutter or sidewalk abutting the site. Records Drive Local/commercial street with no bike lane designation Traffic count not available 822 -feet of frontage 60 to 76 -feet existing right-of-way (30 to 38 -feet from centerline) No additional right-of-way required Records Drive has been constructed as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. From a point 300 -feet south of Fairview Avenue to the Crossroads Subdivision, Records Driveway has been constructed as a 41 -foot street section with curbs, gutters, and sidewalks. There is a median in Records Drive that restricts an existing driveway on the west side of RECORDEA.CMM Page 2 Records Drive, and will restrict a proposed driveway on the east side of Records Drive to right- in/right-out. B. On September 23, 1998, the Commission approved MCUP17-98, a request for conditional use approval for an 848,000 -square foot retail shopping center. That 74.74 -acre site is located on the southeast corner of Eagle Road and Fairview Avenue in Meridian. A portion of the project site, approximately eleven acres, was approved for development. That portion of the project site would have been expected to include approximately 160,000 -square feet of commercial space. The current application has proposed a 76,618 -square foot addition to what was previously approved for the portion of MCUP17-98 east of Records Drive. This portion of the original development was estimated to generate 4,800 -additional vehicle trips per day upon full occupancy based on the submitted traffic study for that site. The District has since required a supplemental traffic analysis and conceptual review of the entire site with the proposed addition. C. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. C. Eagle Road traffic volumes have increased at an annual average of 16% over the last seven years. Traffic has increased at an annual average of 20% over the last four years. The COMPASS (APA) model assumes a 4% annual growth rate until the Year 2015. While it is unlikely that the 20% growth rate will be maintained, the COMPASS forecast is likely low, based on observed development rates and counts. D. District staff requested an extensive traffic impact study summary for MCUP98-17, which included this site because: 1. the proposed development exceeded the District's trip generation threshold for commercial developments, 2. concern about the impact of the development on traffic accessibility to Eagle Road and Fairview Avenue, and 3. concern about the operation of the Eagle/Fairview intersection. E. A supplemental traffic analysis has been submitted for the expansion of the previous conditional use application and the key findings of the supplemental study are as follows: 1. The proposed project is estimated to generate 7,600 additional daily vehicle trips. 2. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. 3. The proposed expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. 4. The proposed project is estimated to generate 725 total peak hour vehicle trips, adding approximately 480 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 5. The anticipated peak hour vehicle trips are the result of a trip rate of 3.021 peak hour vehicle trips per 1,000 square feet of floor area. This number is in compliance with the data provided by the Institute of Transportation Engineers (ITE) for shopping centers. RECORDEA.CMM Pa,,e 3 n District staff completed peak hour traffic counts at two smaller local shopping centers. The observed numbers matched the ITE data for a similar sized shopping center. Staff therefore accepts the submitted figures for peak hour trip generation. 6. The analysis recognized that the Records Drive/Fairview Avenue intersection was signal controlled. 7. The District anticipates that the Fairview Avenue/Venture Street intersection may be signalized in the future. The applicant should be required to locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. 8. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The new driveways all meet District policy. However, only the middle driveway meets current District policy for frill -access operation. Current District policy allows a maximum of three access points for one frontage. 9. Fairview Avenue is a principal arterial. As such, Level of Service (LOS) E is an acceptable condition for the intersections on this roadway. 10. Fairview Avenue is a five lane facility with a center turn lane abutting the project site. 11. The Eagle Road/Fairview Avenue intersection currently operates at LOS D. 12. The Eagle Road/Fairview Avenue intersection is anticipated to operate at LOS E with the "existing plus project" traffic volumes and the geometric improvements required of the applicant under MCUP98-0017. The previous requirement included provisions for dual left turn lanes and free right turn lanes on all approaches of the intersection. The requirements do not have to be completed until the project site reaches a total floor area of 450,000 -square feet. With the current proposal and the previously approved projects, the site does not yet reach the 450,000 -square feet level. 13. The Fairview Avenue/Records Drive intersection will operate at LOS D with the "existing plus project" traffic volumes and the existing lane geometry. 14. The remaining, unsignalized, full access site driveways will operate similar to right- in/right-out facilities during peak hour conditions. The through traffic volumes on Fairview Avenue are so high that there will be few opportunities for left -turns at any of the non -signalized intersections. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. F. The original traffic analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: 1. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle/Fairview intersection prior to the phase of constriction that exceed 450,000 -square feet of development for MCUP98-17 or the subject application. 2. Construct pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500 -feet west where the existing improvements end. 3. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. 4. Construct an eastbound lane on Fairview Avenue from the Records Drive intersection to the east property line of the development to create one half of an 89 -foot street section. The District prefers to defer the construction of curbs along the frontage of this site and RECORDEA.CMM Paee 4 use roadside swales to control runoff from Fairview Avenue. The developer should be required to integrate adequate drainage swales alongside Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. 5. Constrict a five-foot sidewalk on Fairview Avenue abutting the site. 6. Constrict the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. G. The standard impact fee for the retail center is $2,298 per 1,000 square feet of building area. The original 850,000 square foot retail complex would normally be expected to pay a Road Impact Fee of approximately $2 million. The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of $1,744 per 1,000 square feet of building area. The original 850,000 square feet retail complex would normally be expected to pay a Road Impact Fee of approximately $1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost $500,000. The current application includes 236,347 -square feet of retail buildings. Under the current impact fee stricture, the applicant would be expected to pay a Road Impact Fee of approximately $543,125. Using the cost figures from the previous assessment, the impact fees would be expected to total $412,190 thereby reducing District Impact Fee Revenue by $130,935. H. Fairview Avenue is an ACHD functionally classified roadway and, as such, would be eligible for the use of impact fee revenue to increase the capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (FYWP). Some of the recommended improvements will be necessary in the fixture to accommodate traffic growth without the traffic that will be generated by this proposal, and the District would be constructing those improvements at the appropriate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those improvements. Staff has evaluated the relative benefits that will be realized by the general traveling public from the various recommended improvements and suggests that they be considered in two categories, system improvements and site related improvements as follows: System Improvements are capital improvements other than a site -related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: a. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle Road/Fairview Avenue intersection. b. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. C. Constrict pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500 -feet west where the existing improvements end. RECORDEA.CNIM Page 5 2. Site -related improvements are capital improvements or right-of-way dedication for direct access to and/or within the proposed project or development. The costs of these improvements must be borne by the developer of the project: a. Construct an eastbound lane on Fairview from the Records Street intersection to the east property line of the development to create one half of an 89 -foot street section. The District prefers to defer the construction of curbs and gutters along the frontage of this site and use roadside swales to control runoff from Fairview Avenue. The developer should be required to integrate adequate drainage swales alongside Eagle Road and Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. b. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. C. Construct a five-foot sidewalk on Fairview Avenue abutting the site. I. The applicant is proposing to construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways are proposed to be constructed and located as follows: ♦ The western driveway, located 220 -feet east of Records Drive, and constructed 24 to 30 - feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. ♦ The middle driveway, located 600 -feet east of Records Drive, and constructed 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Based on the submitted traffic study the applicant should be required to provide a minimum of 100 - feet of storage for the inbound travel lane and 75 -feet of storage for the outbound travel lane. Current District policy allows this driveway to operate as a full access driveway. ♦ The eastern driveway, located 220 -feet west of the proposed Venture Street and constructed 24 to 30 -feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. In accordance with District policy, the applicant may construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The proposed locations and designs of the driveways meet District policy. The applicant should also be required to install a 30" by 30" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. The applicant should be required to constrict a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of the driveway located 220 -feet east of RECORDEA.CMM Page 6 Records Drive. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. K. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway located 220 -feet west of the proposed Venture Street. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. L. The applicant is proposing to construct three driveways on Records Drive. Those driveways are located as follows: ♦ The northern driveway, located 175 -feet south of Fairview Avenue, and constructed 24 to 30 -feet wide. ♦ The middle driveway, located 400 -feet south of Fairview Avenue, and constructed 30 to 36 -feet wide. ♦ The southern driveway, located 40 -feet north of the south property line, and constricted 30 to 36 -feet wide. In accordance with District Policy a maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The site's proposed driveways meet District policy. The driveways should be constructed as 24 to 36 -foot curb return driveway with 15 -foot curb radii. The minimum storage length should be 50 -feet. Install a 30" by 30" high intensity STOP sign at the driveway's intersection with Records Drive. M. The applicant is proposing to construct a public road abutting the eastern property line. The roadway will align with Venture Street on the north side of Fairview Avenue. The following report will reference the roadway as Venture Street because it aligns with Venture Street on the north side of Fairview Avenue. The applicant is proposing to construct Venture Street as a 36 - foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Current District policy requires that Venture Street, a commercial street, be constricted as a 40 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way. The road will primarily serve residential uses to the south. Staff recommends approval of the applicant's proposed residential street section. N. The applicant is not proposing to construct any driveways on Venture Street with this application. A driveway could be located on Venture Street a minimum of 175 -feet south of Fairview Avenue. O. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy, the applicant should be required to provide a recorded cross access easement among Lots 1 and 2, Block 1, for access to the public streets prior to issuance of a building permit (or other required RECORDEA.CiNIM Pa,,e 7 permits). The applicant is not providing cross access to Lot 3, Block 1, because there will be a wall separating Lot 1 from Lot 3. Lot 3 will have direct lot access to Venture Street. P. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. Q. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with the additional requirements outlined within this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of a final plat: Site Specific Requirements: Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit or final plat approval. Construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways shall be located and constructed as follows: ♦ Locate the western driveway 220 -feet east of Records Drive. Construct the driveway 24 to 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out -bound approach. ♦ Locate the middle driveway 600 -feet east of Records Drive. Construct the driveway 60 - feet wide with two in -bound lanes, an island, and two out -bound lanes. Provide a minimum storage length of 75 -feet for the outbound lanes and 100 -feet for the inbound lanes. ♦ Locate the eastern driveway 220 -feet west of the proposed Venture Street. Construct the driveway 30 -feet wide and provide a minimum storage length of 50 -feet for the in- bound and out -bound approach. Install 30" by 30" high intensity STOP signs at all three driveway's intersections with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. 4. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of western driveway. Coordinate the design and location of the median with RECORDEA.CMM Pa(—,e 8 District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 6. Constrict three curb return driveways with 15 -foot curb radii on Records Drive. Locate and constrict the driveways as follows: ♦ Locate the northern driveway 175 -feet south of Fairview Avenue, and construct it as a 24 to 30 -feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the middle driveway 400 -feet south of Fairview Avenue, and construct it as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the southern driveway 40 -feet north of the south property line, and construct it as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install 30" by 30" high intensity STOP signs at the driveway's intersections with Records Drive. Constrict Venture Street along the eastern property line as a 36 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Locate Venture Street off Fairview Avenue to align with the existing Venture Street on the north side of Fairview Avenue. Coordinate the location of the Venture Street/Fairview Avenue intersection with District staff. S. Locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. Construct the driveway as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. Coordinate the location and design of the driveway with District staff. 9. Provide a recorded cross access easement among Lots 1 and 2, Block 1, for access to the public streets prior to issuance of a final plat. 10. Prior to beginning a phase of the development that exceeds 450,000 gross square feet, constrict the needed improvements to create dual left -turn lanes on the two Fairview Avenue approaches of the Eagle/Fairview intersection and right -turn lanes on all legs of the intersection. The developer will be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. 11. Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500 -feet west where the existing improvements end. The cost of this improvement will be offset from the road impact fee to be collected for the development. RECORDEA.CNIM Page 9 12. Prior to opening of the development, constrict pavement widening on Fairview Avenue to one half of an 89 -foot street section abutting the parcel (approximately 2,460 -feet). The applicant will not be compensated for this construction. 13. The applicant shall be required to construct the needed improvements to create dual left -turn lanes on the two Eagle Road approaches of the Eagle/Fairview intersection when the site development reaches 450,000 GSF. The applicant will not be compensated for this constriction. 14. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall s}2Pcifically id n i y each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardshipor r inequity. The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and constriction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pen -nits), which incorporates any required design changes. RECORDEA.CMM Pa -e 10 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. RECORDEA.CMM Page 11 EISI Engineering & InspeL�ian Services, Inc. 11880 West President, Suite H Boise, Idaho 83713 208-377-9707 Fax 208-377-8779 March 17, 1999 File Number 9046002 Mr. Torn Bauwens Dakota Company, Inc. 380 Parkcenter Boulevard, Suite 100 Boise, Idaho 83706 Subject: Soils Pavement Section & Groundwater Readings Family Center at Meridian Dear Mr. Bauwens: As per your request, we have calculated pavement sections for Eagle Road and Fairview Avenue based upon the traffic Indexes supplied by ACHD and our onsite soils data. For design of the pavements on the property a California Bearing Ratio design method was utilized. We obtained a CSR of 4. It is noted that a previous, 1981 geotechnical report by.. Howard Consulting performed numerous CSR tests tenth their lowest result being a CBR of 7. This wcuid indicate that our onsite designs are conservative. For designing ACHD street sections we must use ACHD's R 'value Design Method or assume an R -Value of R=O. Using information published by the Portland Cement Association and the American Concrete Institute we can convert our existing C31R or 4 to an R -Value of 1 This is a conservative conversion. We contacted the State of Idaho concerning R -Value results for the Eagie Road project that occurred within the last ten years. The attached R -Value of R=26 was obtained for the rebuilding of Eagle Road on a sample gathered approximately 1000 feet south of Fairview. Neither the State of Idaho or ACHD could provide the thickness of the existing Asphaltic Concrete Pavement. My experience is that ACHD Wil want you to match the existing ACP thickness. Page 1 of 2 SISI Engineering & Inspection Services, Inc. 11880 'Nest President, Suite H Boise, Idaho 33713 208-377-9707 Fax 208-377-9779 We have provided sections assuming both 4 and 6 inches of ACP and R -Values of0& 15. Concerning the groundwater elevation on the subject property. We have a monitoring well near Fairview Avenue at the center of the property. This well was measured today and is dry. The well is ten feet deep. Therefore groundwater is at least ten feet below the existing ground surface. SISI appreciates the opportunity to be of service to Dakota Company and if we can be of any further assistance, please contact us at your convenience. Respectfully submitted: l=ngin spection Servicas, Inc. o Bob ,,.'t President DAKOTA,doc Page 2 of 2 Mechanical Analysis % Pass don r-. 11_*1 Cyen - Ncrthern, Inc., Division 100 t. Sq. _SISTANCE `jR" VALUE DATA SHEET ,h .. SG 97 3M., Sq. 96 Eagle :head deconstruction No. '.0 93 raiz-view t:o Eagle, _.3-7 371,21(037", No. 40 �t No. 90 80 Sample No. _ 72 Jcb Nc. 92-1486 depth 0 3 °eet - 3.0 Feet: Sampied 2y 1�. Henning Station 117+22, 62' Rt. of G Date Received ! 1 i 1G /92 Identification Date Received Sheet 1 of 1 Mechanical Analysis % Pass 3" sq. T -8-7I. As 2•• Sq 100 t. Sq. 99 ,,... Sq ,h .. SG 97 3M., Sq. 96 No.4 94 No. '.0 93 ,No, 20 90 No. 40 86 No. 90 80 No. '00 Na 2co 72 0.0m "R" VALUE s a s Soil Constants Liquid Limit 33 Plastic Limit 20 Plastic Index 13 Specific Gravity Moist. at compaction L!-9-17.9 '•R•' Value 25.0 Szp. Pressure. psi • 0 Nt■n■mnln■■'r®■mu■■m �ml�n■■n■wwm■m - mmm■mn�nmla■■■®■ mn■numu■annma■■mw ■nm■n■■■w■>�■■■m■■nium■Unu u�■ ��um■■■■n®■n�u■i,■men i�■■�nilifU■■■UM ■nm■m iuu■■■ulsmwuaimnumm■ i,�■■n m■■®IlilU■n®u ling ■ru ■■uum■mu■wmm!■m!w�n■n®�' nl■■!n■■utu■a■t■■wl�nr� ■■■ia®■im■n■■art!■eu■■n!■■an ■an■®u■wn■n�=�uuu■�muua Un■!®■■■■■■!!■t��■■niln■W■0llnlmi umm■run■■U'u■■w■■wm■■lnnua■ ■■n■■a■■!■■O�unu:_�■npn■■o■■nnu■ nn■,n■uw.u■n■wn.�■■lnn�■mn!■■ nn■!m 1-1■■!■i�minr.�■■ l It■■■ _ ulnen■r.�a■u■o!■u■n■it��■�.i>iw;�t;�■! ntases�.►.�nw�onewrawooaa►la�e�nran ■■a■!r�>,■Ua■uu■�Innnunitlivan■■ate - iv�rf■■■�u�■n�nain�iu■i�ilnii■u's`mi!■e��ai� _ �■■�■m■■nma■nim■mnn■u■■nuan ■■■■■m■■unln■n�num■■u■■m�!■rm■ _ !�■�mnmm�><s!!a■n■!■fA■■ung■�n■■- "R" YAUJE FIGL'P.E 1 Fs T xture Class'n. Soil clasa'ri. Traffic Index Remarks: in ganar al Laam CLAY t:h Sand (CL- ) 9.8 The R Value test -gas oerzorned accordattca with LTD Hiathod T -8-7I. As shown by the era❑h, =he R Value was determined at an ex^ udat:ioa _arae Of 2,500 pounds. No drainage was observed after soakcine MOISTURE -Density Relationship (if specified) Method: ASFT0 T-99 Max. Density 1015.3 pcf. Opt- moist. 2500 WATER CONTENT, PRF2T OF DAY 14 T 24 CM ;r n.. i89 * 70TAL PPCE.02 �� 11. .QS :GQ ?S ��tin8 °� l RsPechon $e,yr�Qs � UQ Lel c. — O J ' 11884'W. °resi(lent Dave iH, wise. Wah0 83713 P �G — O ` ` )179 Special Inspection4aterials Testing*Environr ions DESIGN SECTION CALCULATIONS (R-Vaiue Method) Project: Fairview Avenue @ Eagle Road EISI File No. 8880 Traffic Index = TI = 9.5 R -Value = R = 0 Design Thickness = T Gravel Equivalent = GE Design Thickness Equation: T = 0.0032 (TI) (100-R)(12) = GE (inches) GE= 36 Inches DESIGN rfQE I (Asphalt Concrete and 3/4" Road Base) Actual Thickness Equivetent Thickness Asphalt Concrete Thickness Desired = 6.0 inches = 11.70 inches 3/4" Road Base Thickness = (GE1-Equivelent AC)/1.10 24 Inches Note: If Gravel Section is more than 10 incises, consider using resign Type it DESIGN TYPE if (Asphalt Concrete, 3/4" Road Base and :aggregate Subbase) Actual Thickness Equiveleat Thickness Asphalt Concrete Thickness Desired = 5.0 Inches = 11.70 Inches 3/4" Road Rase Thickness Desired = 4.0 Inches = 4.40 Inches Aggregate Subbase Thickness = (GE-Equivelent AC - Equivenent 3/4) 20 Inches DESIGN RECOMMENDED DESIGN TYPE I DESIGN TYPE H Asphalt Concrete = 6.0 inches Asphalt Concrete = 6.0 inches 3/4" Road Base = 24.0 inches 3/4" Road Base = 4.0 inches Aggregate Subbase = 24.0 incites �.in9 tstsPectrort SeM,�s :mv 11884 W. President Drive M, Boise, Uo 83713 Phone: =48.377.9747 Fax: 248.377.9779 Special Inspection4ateriais Testingebvironmental & Geotechnical Investigations DESIGN SEECTION CALCULATICNS (R -Value Method) Project: Eagle Road @ Fairiiew Avenue EISI File No. $$80 Traffic Index = TI = 10 R -Value = R = 0 Design Thickness = T Gravel Equivalent = GE Design Thickness Equation: T = 0.0032 (TI) (100-R)(12) = GE (inches) GE= 3$ Inches DESIGN TYPE I (Asphalt Concrete and 3/4" Road Base) Actual Thickness Equivelent Thickness Asphalt Concrete Thickness Desired = 6.0 Inches = 11.70 inches 3/4" Road Base Thickness = (GE1-Equivelerrt AC)/1.10 24 Inches ;Vote: if Gravel Section is more than 10 inches, consider Busing Cesign Type it DESIGN T `fPE 1i 'Asphait Concrete, 3/4" ;load Base and Aggregate Subbase) Actual Thickness �quivelent Thickness Asphalt Concrete Thickness Desired = 0.0 inches = 11.70 Inches 3/4" Road Base Thickness Desired = 4.0 inches = 4.40 inches Aggregate Subbase Thickness = (GE-Equivelent AC - Equivenent 3/4) 2 Inches DESIGN RECOMMENDED DESIGN TYPE I DESIGN i YPE If Asphalt Concrete = 6.0 inches Asphalt Concrete = 6.0 inches 3/4" Road Base = 24.0 inches 3/4" Road Base = 4.0 inches Aggregate Subbase = 22.0 inches �ann9 �`lan Serv,�� � •-., 118801 President give 4H, Boise, Idaho 8379; � USE _ 7-9779 Special lnspectlon+materials Testing+Eivis lations DESIGN SECTION CALCULATION.' (R -Value Method) Project: Eagie Road @ Fairview Avenue ciz)i rue No, 000V Traffic Index = TI = 10 Design Thickness = T R -Value = R = 0 Gravel Equivalent = GE Design Thickness Equation: T = 0.0032 (TI) (100-R)(12) = GE (inches) GE= 38 Inches DESIGN TYPE I (Asphalt Concrete and 3/4" Road Ease) Actual Thickness Equiveient Thickness Asphalt Concrete Thickness Desired = 4.0 inches = 7.80 Inches 314" Road Base Thickness = (GE1-Equivelent AC)/1.10 23 Inches Note: if Gravel Section is more than 10 inches, consider using Design Type it DESIGN T'fPE 11 (Asphalt Concrete, 3/4" Road Ease and Aggregate Subbase) Actual Thickness Equivelent Thickness Asphalt Concrete Thickness Desired = 4.0 inches = 7.30 Inches 3/4" Road Base Thickness Desired = 4.0 Inches = 4.40 inches Aggregate Subbase Thickness = (GE-_quivelent AC - Equivenent 3/4) fib inches DESIGN RECOMMENDED DESIGN TYPE I DESIGN TYPE II Asphalt Concrete = 4.0 inches Asphalt Concrete = 4.0 inches 3/4" Road Base = 28.0 inMws zia" oncul a�� = A n ;—k-- Aggregate ,,,k- - Aggregate Subbase = 26.0 inches MOOCI'on SeNr�er 4� •�c 1 1188014. President Drive li, Soise, Idaho 33713 Phone: 208.377.9707 Fax: 120&377-9779 Special Inspeciion4ateriais Testing+tEnvironmental & Geotechnical Investigations IDESIGN SEC ION CALCULATIONS (R -Value Method) Project: F-airview Avenue @ Eagle Road EISI File No. $880 Traffic Index = TI =�.rJ R -Value = R = 0 Design Thickness = T Gravel Equivalent = GE Design Thickness Equation: T = 0.0032 (TI) (100-R)(12) = GE (inches) GE= 36 Inches RESIGN TfPE 1 (Asphalt Concrete and 3/4" Road Base) Actual Thickness Eguivelent Thickness ,asphalt Concrete Thickness Desired = 4.0 Inches = 7.30 Inches 3/4" Road Base Thickness = (GE 1-rquivelent AC)/1.10 26 inches Note: If Gravel Section is more than 10 inches, consider using Design Type Ii DESIGN TYPE 11 jAspnalt Concrete, 314" Road Base and Aggregate Subbase) Actual Thickness Equivelent Thickness Asphalt Concrete Thickness Desired = 4.0 Inches = 7.80 Inches 314" Road Base Thickness Desired = 4.0 inches = 4.40 Inches Aggregate Subbase Thickness = (GE-Equivetent AC - Equivenent 314) 24 Inches DESIGN RECOMMENDED DESIGN TYPE I DESIGN TYPE it Asphalt Concrete = 4.0 inches Asphalt Concrete = 4.0 inches 314" Road Base = 26.0 inches 314" Road Base = 4.0 inches Aggregate Subbase = 24.4 inches 3 lmgeojon se '~• �a�n3 MrQ4 � 118014. President Drive #l, Boise, Idaho 83713 P )77S Special lnspec"on*Matedals iestng'Environr �� , O` < ions DESIGN SECTION CALCULATIONS (R -Value Method) Project: Fairview Avenge @ Eagle Road EISI File No. 8880 Traffic Index = Tl =9.5 R -Value = R = 15 Design Thickness = T Gravel Equivalent = GE Design Thickness Equation: T = 0.0032 (TI) (100-R)(12) = GE (inches) GE= 31 inches DESIGN TYPE I �Asiphalt Concrete and 3/4" Road Base) Actual Thickness Equivelent Thickness Asphalt Concrete Thickness Desired = 6.0 Inches = 11.'0 inches 3/4" Road Base Thickness = (GE1-Equivelent AC)/1.10 = 13 incites Note: ,f Gravel Section is more than 10 inches, consider using Design Type it DESIGN TYPE Al] (Asphalt Concrete, 3/4" Road Base and ,aggregate Subbase) Actual Thickness Equivelent Thickness Asphalt Concrete Thickness Desired = 6.0 Inches = 11.70 Inches 3/4" Road Base Thic,cness Desired = 4.0 Incites = 4.40 Inches Aggregate Subbase Thickness = (GE-Equiveient AC - Equivenent 3/4) 16 incites DESIGN RECOMMENDED DESIGN TYPE i DESIGN TYPE 11 Asphalt Concrete = 6.0 inches Asphalt Concrete = 6.0 inches 3/4" Road Base = 18.0 inches 3/4" Road Base = 4.0 inches Aggregate Subbase = 16.0 inches I 1 W 14, President Drive MH, Boise, Idaho 837113 Phone: 208.317.9707 Fax: 208-377.9779 Special Inspec0on+Materials TestirlpEnvironmentai & Geotechnical Investigations DESIGN SECTION CALCULATIONS (R -Value Method) Project: Eagie Read @ Fair/jew Avenue EISI File No. 8880 Traffic Index = TI = 10 R -Value = R = 15 Design Thickness = T Gravel Equivalent = GE Design Thickness Equation: T = 0.0032 (TI) (100-R)(12) = GE (inches) GE= J Inches DESIGN 7(PE I (Asphait Concrete and 314" Road Base) Actual Thickness Equivelent Thickness asphalt Concrete Thickness Desired = 6.0 inches = 1 1.-70 Inches 3/4" Road Base Thickness = (GE 1-cquivelent AC)/1. 10 20 I nches Note: f Gmel Section is more .ban 10 inches, consider using Design TJpe Il DESIGN T IPE 11 (Asphait Concrete, 3/4" Road Base and ,aggregate Subbase) Actual Thickness E- uiveient Thickness Asphalt Concrete Thickness Desired = 8.0 Inches = 11.70 Inches 3/4" Road Base Thickness Desired = 4.0 Inches = 4.40 Inches Aggregate Subbase Thickness = (GE-Equivelent AC - Equivenent 3/4) 18 Inches DESIGN RECOMMENDED DESIGN TYPE i DESIGN TYPE 11 Asphalt Concrete = 6.0 inches Asphalt_ Concrete = S.0 inches 3/4" Road Base = 20.4 inches 3/4" Road Base = 4.0 inches Aggregate Subbase = 18.0 inches ��� � lnsDection Sery��s /'r .4� 0 VAS l 11880 IN. President Drive #H, Base, klaho 53713 Phone: 201 Special Ingmt1on+Materials Testing *Environmental & & DESIGN SECTION CALCULATIONS (R -Value Method) Project: Eagle Road a@v Fairview Avenue EISI File No. 8880 Traffic Index= TI = 10 R -Value = R= 15 Design Thickness = T Gravel Equivalent = GE Design Thickness Equation: T = 0.0032 (TI) (100-R)(12) = GE (inches) GE= 33 Inches DESIGN TYPE I (Asphalt Concrete and 3/4" Road Base) Actual Thickness Equivelent Thickness Asphalt Concrete Thickness Desired = 4.0 Inches = 7.80 Inches 3/4" Road Base Thickness = (GE1-Equivetent AC)/1.40 24 Inches Note: If Gravel Section is more than 10 inches, consider using Design Type Il DESIGN TYPE It {Asphait Concrete, 3/4" Road Base and aggregate Subbase) Actual Thickness Equivelent Thickness Asphalt Concrete Thickness Desired = 4.0 Inches = 7.80 Inches 3/4" Road Base ThiCcness Desired = 4.0 Inches = 4.40 Inches Aggregate Subbase Thickness = (GE-Equivelent AC - Equivenent 3/4) 22 Inches DESIGN RECOMMENDED DESIGN TYPE I DESIGN TYPE If Asphalt Concrete = 4.0 inches Asphalt Concrete = 4.0 inches 3/4" Road Base = 24.4 inches 3/4" Road Base = 4.4 inches Aggregate Subbase = 22.0 inches t�`ng � ,�saectron Se'ti'��s T 11884 W. President Odye jl, Boise,',daho 83713 Phone: 208-377-970 -/ Fax: 208.377-9779 Special Inspection+Materials Testing*E:,m mental & Geotechnical Investigations DESIGN SECTION CALCULATIONS (R -Value Method) ,oroject: Fairview Avenue a@ Eagle Road E1S1 File No. 8880 Traffic Index = TI = V..) R -Value = R = 15 Design Thickness = T Gravel Equivalent = GE Design Thickness Equation: T = 0.0032 (TI) (100-R)(12) = GE (inches) GE= 31 Inches DESIGN TYPE I (Asphalt Concrete and 3/4" Road Base) Actual Thickness Equivelent Thickness Asphalt Concrete Thic.cness Desired = 4.0 Inches = 7.30 !nches 3/4" Road Base Thickness = (GE 1 -Equivelent AC)/1.10 22 Inches Note: If Gravel Section is more than 10 incites, consider using Design Type 11 DESIGN TYPE ]I 'Asphalt Concrete, 3/4" Road Ease and Aggregate Subbase) Actual Thickness Equivelent Thickness Asphaft Concrete Thie mess Desired = 4.0 Inches = 7.30 inches 3/4" Road Base Thickness Desired = 4.0 Inches = 4.40 Inches Aggregate Subbase Thickness = (GE-Equivelent AC - Equivenent 3/4) 20 Inches DESIGN RECOMMENDED DESIGN TYPE I DESIGN TYPE It Asphalt Concrete = 4.0 inches Asphalt Concrete = 4.0 inches 3/4" Road Base = 22.0 inches 3/4" Road Base = 4.0 inches Aggregate Subbase = 20.0 inches RECORDS EAST SUBDIVISION DRAINAGE CALCULATIONS MERI.DIAN, IDAHO i �p Submitted by: BRENT A. CLAIBORN, P.E. January 3, 2000 ENGrN�,��^ u r � 92� SUR'J�yo� HUBBLE ENGINEERING, INC. 9550 Bethel Ct. Boise, ID 322-8992 Project No. 9925000 C00EHG�NE E9s NUBBLE ENGINEERING, INC. ' 9550 Bethel Court •Boise, Idaho 83709 ti0 SURV EI 208/322-8992 • Fax 208/378-0329 Project 3 Name1�� Subject iZrrxU c;L(. Calc By Checked By No. Date 12- 2 I Scale Date Sheet I of - -- - -- - : i `_._-_� - — .--y---r- i 7-7 `EGµEE9r HUBBLE ENGINEERING, INC. 9550 Bethel Court • Boise, Idaho 83709 sum 208/322-8992 a Fax 208/378-0329 -le NQ`�'n{t��i i'\t If C`• `i l.. 1 No. Subject Calc Byy � Date _�� �� Scale Checked By Date Sheet J of Commitment To Insure ALTA Commitment 1910 Rev OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the ompany. for a valuable consideration. hereby commits to issue its policy or policies of tide insurance. as identified in Schedule A. in favor of the proposed Insured named in Schedule A. as owner or mortgagee of the estate or * interest covered hereby in the land described or referred to in Schedule A. upon payment of the premiums and * charges therefor: all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been insened in Schedule A hereof by the Company. either at the time of the issuance of this Commitment or by subsequent endorsement This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall ceafailure erla a to issue such pomonths t soafter be es effnotive date hereof of of when the policy or policies committed for shall issue. whichever first occurs. provided that the a u CONOITIONS AND STIPULATIONS I The term "mortgage'. when used herein. shall include deed of trust. trust deed. or other security instrument 2 II the proposed Insured has or acquires actual knowledge of any defect. hen. encumbrance. adverse claim or other matter affecting the estate or interest 0, mongage thereon covered by this Commitment other than those shown in Schedule B hereof. and shall larl to disclose such knowledge to the Company in writing. the Company shall be relievedodirom liability such ko( any ossll f damage exulting from hall disclose reliasucnce hereon to the extent the Company is prejudiced by failure of the proposed Insured to knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect. lien, encumbrance. adverse claim or other matter. the Company at its option may amend Schedule B of this Commitment accordingly. but such amendment shall not relieve the Company Irom liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3 liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the lorm of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith )a) to comply with the requirements hereof or )b► to eliminate exceptions shown in Schedule B. or fc) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such Lability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a pan of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against ► e Company arising out of the status of the title to the estate or interest or the status of the mongage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. IN WITNESS WHEREOF, Old Republic National Tide Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Seat Company 000 Second A.enue Souris. Minneapolis. Minnesota 55401 /6 /?137/ Ill1 By President 2:� Secretary Authorized Authorized Signatory Attest ORT Form 2526 COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A File No. P179003 PIONEER TITLE COMPANY OF ADA COUNTY 821 W. STATE ST. BOISE, ID 83702 ATTN: JANET BLOSCH Ph: 208-373-3750 Fx: 208-384-9936 Copies to: DEVELOPERS DIVERSIFIED REALTY CORPORATION 3300 ENTERPRISE PARKWAY BEACHWOOD, OH 44122 Attn: JOAN U. ALLGOOD, VP DANIEL G. GIBSON 19500 HIGHWAY 2026 CALDWELL, ID 83605 PIONEER 1031 COMPANY 8151 W. RIFLEMAN BOISE, ID 83704 Attn: ROB ONNEN Fx: 208-373-3737 Escrow Inquiries should be directed to: JANET BLOSCH SR. ESCROW OFFICER (373-3750) 821 W. STATE ST. BOISE, ID 83702 2. Policy or Policies to be issued: (A) Owner's Standard Coverage 1. Effective Date: March 29, 1999 at 7:30 A.M. TERRACE LAWN MEMORIAL GARDENS, INC. 1200 N. CLOVERDALE ROAD BOISE, ID 83713 Attn: TIMOTHY T. GIBSON GIVENS PURSLEY LLP 277 N. 6TH STREET, STE. 200 BOISE, ID 83701 Attn: CHRISTOPHER J. BEESON CLARK DEVELOPMENT 479 MAIN ATTN: WILLIAM CLARK Title Inquiries should be directed to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 Amount Premium $2,950,000.00 $9,945.00 Proposed Insured: DEVELOPERS DIVERSIFIED REALTY CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE CONT T NI IFn I-, P179003 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: DANIEL G. GIBSON JR. AND CAROLYN GIBSON, HUSBAND AND WIFE AS TO THAT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER, NORTHEAST QUARTER, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL IS SHOWN ON RECORD OF SURVEY NO. 1284, FILED AS INSTRUMENT NO. 8835815 AT BOOK G OF SURVEYS AT PAGE 1301; MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 9, A POINT MARKED BY A 5/8' IRON PIN; THENCE ALONG THE CENTERLINE OF SAID SECTION 9 SOUTH 0 DEGREE 48'14' WEST 49.74 FEET TO THE POINT OF BEGINNING, MARKED BY A BRASS CAP, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW AVENUE (U.S. HIGHWAY 30); THENCE CONTINUING SOUTH 0 DEGREE 48'14' WEST 503.19 FEET TO A POINT MARKED BY A 1/2' IRON PIN; THENCE LEAVING SAID CENTERLINE SOUTH 89 DEGREES 35'00" EAST 433.25 FEET TO A POINT MARKED BY A 1/2' IRON PIN; THENCE NORTH 0 DEGREE 42'46' EAST 503.18 FEET TO A POINT ON THE SAID RIGHT-OF-WAY OF FAIRVIEW AVENUE, MARKED BY A 1/2' IRON PIN; THENCE ALONG SAID RIGHT-OF-WAY NORTH 89 DEGREES 35'00' WEST 432.45 FEET TO THE POINT OF BEGINNING; AND IN TERRACE LAWN MEMORIAL GARDENS, INC., AN IDAHO CORPORATION, AS TO THE REMAINDER. 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C P179003 SCHEDULE B - SECTION 2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims or easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed'by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings, whether or not shown by the records of such agency or by the public records. *PARAGRAPHS 1,2,3,4,5 AND 6 WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B - SECTION 2. CONTINUED P179003 C. Special Exceptions: 1. GENERAL TAXES FOR THE YEAR 1998, WHICH ARE LIENS, OF WHICH THE FIRST HALF HAS BEEN PAID. THE SECOND HALF OF WHICH WILL NOT BECOME DELINQUENT UNTIL JUNE 20TH. PARCEL NO. AMOUNT 59S1109120610 $1511.92 SAID TAXES AFFECT THAT PORTION AND OTHER LAND VESTED IN TERRACE LAWN MEMORIAL GARDENS INC. 2. GENERAL TAXES FOR THE YEAR 1999, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 3. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF BOISE. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 4. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT 5. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT'VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 6. TERMS AND PROVISION OF AGREEMENT DATED: MARCH 27, 1922 BETWEEN: NAMPA 8 MERIDIAN IRRIGATION DISTRICT AND J.H. MC BIRNEY AND BESSIE 0. MC BIRNEY RECORDED: MAY 22, 1922 INSTRUMENT NO.: 99731 IN BOOK 8 OF CONTRACTS, PAGE 476 7. AN EASEMENT CONTAINING CERTAIN TERMS --"CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: POWER LINE EASEMENT IN FAVOR OF: IDAHO POWER COMPANY RECORDED: OCTOBER 18M 1955 INSTRUMENT NO.: 384633 8. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN DEED TO THE STATE OF IDAHO, CONVEYING A PORTION OF THE PROPERTY ADJOINING. RECORDED: DECEMBER 11, 1956 AND DECEMBER 12, 1956 INSTRUMENT NO.: 404072, 404073, 404474, AND 404474 9. THE APPLICATION CALLS FOR AN OWNERS EXTENDED COVERAGE POLICY. THEREFORE, THE FOLLOWING MATTERS MUST BE CLEARED TO THE SATISFACTION OF THE COMPANY BEFORE ISSUANCE OF THE POLICY: A. QUESTIONS OF SURVEY B. RIGHTS OF PERSONS IN POSSESSION C. MATERIAL OR LABOR LIENS D. RIGHTS OR CLAIMS FOR EASEMENTS NOT OF RECORD NOTE: AN ALTA/ASCM SURVEY PREPARED BY A LICENSED SURVEYOR AND CERTIFIED TO PIONEER TITLE COMPANY OF ADA COUNTY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY MUST BE SUBMITTED FOR REVIEW AND EXAMINATION. CONTINUED P179003 ED BY OLD 10. SUBJECT REPUBLIC TNATIONAL O THOSE ATITLE OINSURANCE NAL �COMPANY, FOLLOWIIF ANY, WHICHNG AERREVIEWOF THIS REPORT. END OF EXCEPTIONS NOTE: WE NOTE A RECORD OF SURVEY OF THE SUBJECT PROPERTY. REFERENCE TO THE RECORD IS MADE FOR FULL PARTICULARS. RECORDED: JULY 21, 1988 INSTRUMENT NO.: 8835815 BOOK/PAGE: 1283 NOTE: THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NOTE: GENERAL TAXES FOR THE YEAR 19981 WHICH WERE LIENS, ARE PAID. PARCEL NO. AMOUNT 59S1109120605 $4355.10 SAID TAXES AFFECT THAT PORTION VESTED IN DANIEL G. GIBSON JR. AND CAROLYN GIBSON NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATED ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESS SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. File Number: P179003 SCHEDULE C The land referred to in this Commitment is described as follows: THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 2 EAST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO. EXCEPT THOSE PORTION CONVEYED TO THE STATE OF IDAHO BY DEEDS RECORDED UNDER INSTRUMENT NO.S 404072, 404073, 404474, AND 404477; AND EXCEPT THAT PORTION LYING WITHIN THE PLAT OF TERRACE LAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 19 OF PLATS AT PAGE 1220 AND 1221, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION FILE NO.: P179003 EXHIBIT A THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 2 EAST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO. EXCEPT THOSE PORTION CONVEYED TO THE STATE OF IDAHO BY DEEDS RECORDED UNDER INSTRUMENT NO.S 404072, 404073, 404474, AND 404477; AND EXCEPT THAT PORTION LYING WITHIN THE PLAT OF TERRACE LAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 19 OF PLATS AT PAGE 1220 AND 1221, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION t %j jsu�i�sl{�� site 41 H see R z; ---------------------------------------------- - - - - -------------------------------------------------- - - - - -- --------------------------------------U.S AjAx IQ------------------------------------------------------------------------------- i °6S§ROADS -i S -LQ- kh IB for b=,, p p""'5 only. The Company assur*o as " for oma. POEMMEC09M d AA Coreg NOV 18 99 16:13 FR PUBLIC WORKS 200 E. COMM Ave., Ste. 31201 6AerWian.ID 83W Phone: (208) FaX (208)887-1297 FaX 2088871297 TO 3434954 P.01/04 city of Meridian TO: Tom Bauwens From Sonya Day Fwc - 343' 4Q 5N Date: November 18, 1999 Phonec pages: 4 (Incud Cover) Re: CUP & PP Fees CC' ❑ urgeM 0 For Review ❑ Please Conwnent ❑ Please Reply Cu,P 6C -O, 40M) : t 215.'* �s s '19. 58 mai l i n9 dees_ fl,13x 4(,, Jay. 58 r5q.11z rnailina 1QX5 13XqtoxZ TF ?*P X519. ► b ❑ Pleese Recycle vFe 1 2 (z8,03 'ko � DEVELOPERS DIVERSIFIED REALTY CORP. PROPERTY OWNERS WITHIN 300' (CUP) KLEINER WALTER HERMAN AND KLEINER EUGENE M PO BOX 4003 BELLEVUE WA 98009-4003 3600 E FAIRVIEW AVE E FAIRVIEW AVE SCHUERMAN FREDERICK & LINDA 120 HEARTHSTONE DR BOISE ID 83702-1720 1787 N CLOVERDALE RD HAMILTON FMLY LTD PARTNERSHIP 11631 W ONEIDA DR BOISE ID 83709-3863 E FAIRVIEW AVE SCHUERMAN FRED & LINDA AND THUESON GREG B & SHERI K 6062 EMERALD ST BOISE ID 83704-8855 4340 E FAIRVIEW AVE TFCM ASSOCIATES LLC 455 E 500 SOUTH SUITE #400 SALT LAKE CITY UT 84111 E FAIRVIEW AVE GIBSON DANIEL G JR & CAROLYN 19500 HIGHWAY 20/26 CALDWELL ID 83605-8770 4025 E FAIRVIEW AVE TERRACE LAWN MEMORIAL GARDENS INC 1200 N CLOVERDALE RD BOISE ID 83713-7805 4225 E FAIRVIEW AVE HERMES ASSOCIATES LTD 455 E 05TH SOUTH SUITE #400 SALT LAKE CITY UT 84111 N EAGLE RD SCHUTTE LILLIAN K STATES REALTY 6884 FAIRVIEW AVE BOISE ID 83704-8501 4465 E FAIRVIEW AVE CLOVERDALE PARK INC 1200 N CLOVERDALE RD BOISE ID 83713-7805 1267 N CLOVERDALE RD LYON RAY B AND SWAIN NANCY 3724 E FLORENCE DR MERIDIAN ID 83642 FULLER DANIEL L & FULLER JOANN M 3750 E FLORENCE DR MERIDIAN ID 83642 NASTEKA VLADIMIR & NASTEKA GALINA 3786 E FLORENCE RD MERIDIAN ID 83642 WOODVINE GALEN H & WOODVINE CAROL 3808 E FLORENCE DR MERIDIAN ID 83642 NAMPA MERIDIAN IRRIGATION DISTRICT 1503 1ST ST SOUTH NAMPA ID 83651 N RECORDS AVE LUDWIG BRANT & LUDWIG JOANNE 3854 E FLORENCE DR MERIDIAN ID 83642 JUDY J VICTOR & MILLS TIMOTHY W JUDY LAVERNE 3805 E FLORENCE DR 3310 N WELFORD MERIDIAN ID 83642 BOISE ID 83704 MERIDIAN ID 83642 3876 E FLORENCE DR PROVENCIO KRISTOFER & 1241 N PRINCIPLE WAY PROVENCIO LEAH 1212 N LEGISLATIVE WAY 1260 N PRINCIPLE WAY 3986 E FLORENCE DR MERIDIAN ID 83642 STUCKER ROBERT L & N PRINCIPLE WAY HUYNH THIEN THI RUTHERFORD R STEPHEN & 3898 E FLORENCE DR CORTINA EDELIA MERIDIAN ID 83642 3939 E FLORENCE DR MERIDIAN ID 83642 MERIDIAN ID 83642 BENNETT GREG A 5149 CANARY LN CRAWFORD MARCUS W & NAMPA ID 83687 CRAWFORD MOLLY J 3920 E FLORENCE DR 1256 N LEGISLATIVE WAY 3942 E FLORENCE DR MERIDIAN ID 83642 LAURSEN KEVIN P & CLOT BARRY JR LAURSEN ELAINE L 1236 N PRINCIPLE WAY 3964 E FLORENCE DR MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 E FLORENCE DR CLASSICK STEPHEN T & KEATING WILLIAM D & CLASSICK SANDRA E KEATING CAROL D 1238 N CAUCUS WAY 3986 E FLORENCE DR MERIDIAN ID 83642 MERIDIAN ID 83642 3855 E FLORENCE DR RUTHERFORD R STEPHEN & MARKHAM E EDWIN RUTHERFORD MICHELLE C 4000 E FLORENCE DR 1230 N LEGISLATIVE WAY MERIDIAN ID 83642 MERIDIAN ID 83642 CROSSROADS NEIGHBORHOOD HARPER JAMES D & ASSOCIATION INC HARPER MANDY S 2304 N COLE RD 1229 N LEGISLATIVE WAY BOISE ID 83704-7371 MERIDIAN ID 83642 E FLORENCE DR N RECORDS AVE MONAHAN DONA DEE 1218 N PRINCIPLE WAY WOOD JASON E & MERIDIAN ID 83642 WOOD LINDSAY M 3855 E FLORENCE DR HELM PAMELA K & MERIDIAN ID 83642 HELM EMERY W 855 E FLORENCE DR 1211 N LEGISLATIVE WAY MERIDIAN ID 83642 DELEURY A MARIE 1180 N PRINCIPLE WAY MERIDIAN ID 83642 PEDERSON DOUGLAS K & PEDERSON NANCY L 1194 N LEGISLATIVE WAY MERIDIAN ID 83642 ONEILL CRAIG E & ONEILL JULIE A 1189 N LEGISLATIVE WAY MERIDIAN ID 83642 SOUTHERN IDAHO CORP OF SEVENTH -DAY ADVENTISTS PO BOX 4878 BOISE ID 83711-4878 915 N CLOVERDALE RD BEDARD GERARD M & BEDARD MARY L 1154 N PRINCIPLE WAY MERIDIAN ID 83642 OVERSETH TEENA AND HAWS ANTHONY 1172 N LEGISLATIVE WAY MERIDIAN ID 83642 LEATHAM JARED Q & LEATHAM TAMMI R 1130 N PRINCIPLE WAY MERIDIAN ID 83642 SASS CARL N & SASS DOLORES 1158 N LEGISLATIVE WAY MERIDIAN ID 83642 WENTWORTH BOYD V & WENTWORTH KRISTY L 1126 N LEGISLATIVE WAY MERIDIAN ID 83642 MARCHAL BART A & MARCHAL GLENDA R 1108 N PRINCIPLE WAY MERIDIAN ID 83642 Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 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 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 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PFP-00-001 REQUEST: PRELIMINARY FINAL PLAT FOR RECORDS EAST SUBDIVISION, PLUS OR MINUS 23.6 ACRES/C-C ZONING BY: DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAKOTA COMPANY, INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER OF RECORDS DRIVE AND FAIRVIEW AVENUE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: /004� FAM -0 (2) LEGAL DESCRIPTIONS �0"_30-1999 17 32 HUBBLE ENGINEERING . �W EFj��•cn HUBBLE ENGINEERING, INC. 9550 Bethel Court - Boise, Idaho 83709 Project No. 9925000 208 378 0329 P.02iO3 208/322-8992 - Fax 208/378-0329 November 30, 1999 DESCRIPTION FOR DDRC TOTAL PROJECT BOUNDARY A parcel of land located in the NW1/4 of the NE1/4 of Section 9, T.3N., R.1 E., B. M., Ada County, Idaho, more particularly described as follows: Commencing at the N1/4 comer of said Section 9 from which the NE corner of said Section 9 bears South 89022'32" East, 2659.01 feet; thence along the North-South mid-section line of said Section 9 South 00°48°14" West, 49.74 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30), said point also being the REAL POINT OF BEGINNING; feet; feet; thence along said South right-of-way line South 89°35'24" East, 708.66 thence leaving said South right-of-way line South 14°59'32" West, 276.87 thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South mid-section line of said Section 9; thence along said mid-section line South 00048'14" West, 9.09 feet; thence North 89°35'32" West, 569.33 feet to a point on the easterly right- of-way line of N. Records Ave. thence along said right-of-way line for the following seven courses: 84.19 feet along a curve to the left to a point, said curve having a radius of 238.45 feet, a delta of 20°13'46" and a long chord bearing North 14°07'53" West, 83.75 feet; thence North 22°18'38" West, 2.62 feet to a point; RUBBLE ENGINEERING 208 e8 ���y N•03iO3 ` Nr;��-30-1999 17:32 �-.. thence 57.89 feet along a curve to the left to a point, said curve having a radius of 143.75 feet, a delta of 23°04'30" and a long chord bearing North 1024'03" West, 57.50 feet; thence North 00025'00" East, 277.97 feet to a point; thence North 02°37'35" East, 298.24 feet to a point; thence North 00°25'00" East, 78.20 feet to a point; thence North 45°31'25" East, 40.92 feet to the South right-of-way line of Fairview Avenue as created by warranty deed with Instrument Number 99072864 of Ada County records; thence along said south right-of-way line South 89022'10" East, 567.23 feet to the North-South mid-section line of said Section 9; thence along said mid-section line North 00048'14" East, 10.26 feet to the Real Point of Beginning. Containing 23.59 acres more or less. Prepared by: NUBBLE ENGINEERING, INC. o`,p,►. Ivo\ T G 4 F S RK 4999 4T$ 0 F AQP o R. J:TRVV11vn1MeridianXRoads2-DORC-TotalP roj8oundary Todd. R. Waite, P.L.S. TnTo1 0 n7 NUU-30-1999 13:25 NUBBLE ENGINEERING rMI E � HUBBLE ENGINEERING, INC. �� 9550 Bethel Court . Boise, Idaho 83709 Project No. 9925000 D.D.R.C. REMAINDER PARCEL PROPERTY DESCRIPTION 208 378 U32y 208/322-8992 . Fax 208/378-0329 November 30, 1999 A parcel of land located in the /4 of the described as/4 of ollowsectCommenc ng atlthe B.M., Ada County, Idaho, more particularly comer common to Sections 4, 5, 8 and the said Section 9; thence South 89°22'10" East, 2659.63 feet to the 1/4 comer common to said Sections 4 and 9; thence South 0°48'14" West along the North-South mid-section line 60.00 feet, to the REAL POINT OF BEGINNING$ thence continuing along the North-South mid-section line South 0'48'14°' West 820.85 feet to a point; thence North 89035'32" West, 569.33 feet to a point on the easterly right-of-way line of N. Records Ave.; thence along said right-of-way line for the following seven courses: 84.19 feet along a curve to the left to a point, said curve having a radius of 238.45 feet, a delta of 20'13'46" and a long chord bearing North 14°07'53" West, 83.75 feet; thence North 22°18'38" West, 2.62 feet to a point; curve having a thence 57.89 feet along 'Nand ae to he left to a point, long chord bear'IngdNorth 10 24 03" rWest adius of 143.75 feet, a delta of 23 04'30 57.50 feet; thence North 00°25'00" East, 277.97 feet to a point; thence North 02°37'35" East, 298.24 feet to a point; thence North 00°25'00" East, 78.20 feet to a point; Page 1 of 2 Nou-30-1999 13=25 NUBBLE ENGINEERING 208 378 b��7 r•e�ibs /-1 thence North 45°31'25" East, 40.92 feet to the South right-of-way line of Fairview Avenue as created by warranty deed with Instrument Number 99072864 of Ada County records; thence along said South right-of-way line South 89°22'10" East, 567.23 feet to the Real Point of Beginning. Containing 11.29 acres (491,667 square feet) more or less. Prepared by: HUBBLE ENGINEERING, INC. J:TRW/vw/DDRG- Remainder Todd R. Waite, P.L.S. Page 2 of 2 34/29/1999- 09:59 2083950696 n Elt EALEY'S LAND SURVEYING Project. No.: 1882 Date: April 29, 1999 TEALEYS LAND SURVEY 915 West Jeffer, .I Street • Boise, Idaho 63702 (208) 385-0636 Fox (208) 385-0696 DESCRIPTION FOR TIM GIBSON - PA.RCEL I A parcel of land being a portion of the NW 1/4 of the NE 1/4 of Section 9, T.3N., R.1 E., B.M., Ada County, Idaho as shown on Record of Survey No. 1283, filed for record in the office of the Ada County Recorder, Boise, Idaho and more particularly described as follows: Commencing at an iron pin marking the North 1,14 corner of said Section 9; thence along the centerline of said Section 9 South 00°48'35" Wcst, formerly South OC°48'14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue, said point being the POINT OF BEGINNING. thence along said South right-of-way line South 89°35'00" East 432.45 feet to an iron pin; thence leaving said South right- of-way line South 00'42'46" West 503.18 feet to an iron pin; thence North 89°35100" West 433.30 feet, formerly 433.25 feet, to an iron pin on said centerline of Section 9-, thence along said centerline North 0048'35" East, formerly North 00'48'14" East, 503.19 feet to the POINT OF BEGINNING, Said parcei of land contains 5.00 acres, more or less. LAND 4 34 0 Post -it* Fax Note 7671 onia p;�t► To 7ZT 0% f /i� it �/7�1 _T 0,4 coot co. Pnone ► sore. -0631'p F- • ?LL7 /LiL _ Fad 1 C,%Jy pxvmoaw«N.AI3{Z•i.E., 6 -.,dc 04/29/1999 09:59 2083850696 7EAt_EYS LAND SURVEY PAG_ 02 i EALEY'S LAND 815 west Jeff e,- o Street • Boise, Idaho 83702 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project. No.: 1882 Date: April 29, 1999 DESCRIPTION FOR TIM GIBSON — PARCEL 2 A parcel of land being a portion of the NW 1/4 of the NE 1/4 of Section 9, T.3N., R. I E., B.M., Ada County, Idaho. and more particularly described as follows: Commencing at an iron pin marking the North 1!4 come; of said Section 9; thence along the centerline of said Section 9 South 00°48'35" West, formerly South 00°48' 14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue; thence along said South right-of-way line South 89035'00" East 432.45 feet to an iron pin marking the POINT OF BEGINNING; thence continuing South 89°35'00" East 276.21 feet to a point; thence leaving said South right-of- way line South 15000'00" West 276.88 feet to a point; thence South 00°48'35" West 554.06 feet to a point: thence North 89°35'00" West 640.79 feet to a point on said centerline of Section 9; thence along said centerline North 00°48'35" East 318.83 feet to an iron pin; thence leaving said centerline South 89135'00" East 433.30 feet to an iron pin; thence North 00°42'46" East 503.18 feet to the POINT OF BEGINNING, Said parcel of land contains 7.30 acres, more or less. 1 A Un C. -44Y Oec�m�.rd..wiW.�litt7.2.Sr.d..t -jec t �j�(7/1777- U7. JJ �"v�oJl7b7b 4 rr,N 0049 7A' V AIiZVIEW AVENUE — — — — — — `h9 bO. — — 0 �+ PARCEL 3 71090 •V.i, 6.190 cc.," S 89'35'00' E 1329 56' ,17� —t-� — — r :P. ir ��� BU�I DING t E L c. WX r I hi07;AL" ac ac.I 1 -- I I y — — — — S 89' 21,18- E 1335.85' (5) TRAFFIC ANALYSIS LETTERS - Dobie Engineering, Inc. - Ada County Highway District t%-99 T 1 9; 4 7 AM DOE I E Et4G I NEER I hJG . I t4C 9g 345 3200 DOBIE ENCI-NEERIN(-;, INC. 777 Hearthstone Dr. Boise, I.D 83702 (208)345-3290 June 17, 1999 Dave Szplctt, P.E. Ada County Highway District 318 E. 37th St. Boise, ID 83714 RE: Family Center at Meridian - MCU -17-98 Traffic Impact Study Dear Dave; The purpose of this supplemental analysis is to consider the marginal impacts of the addition of 100,000 sq.ft. of retail space to the approved Family Center at Meridian. At full buildout, the total traffic generated by the Center will increase by 2040 vehicles per day. Moreover, this retail addition hill add approximately 225 new peak hour trips. Site access will be available from Fairview Avenue via the Records Avenue intersection plus two new driveways. It is anticipated that the new signalized Records Avenue intersection ,vi(1 receive the majority of the site traffic, especially the left -turning movements. The capacity analysis for this signal was recalculated to include the additional traffic. The projected service levels are within the C/D range for all approaches during the peak hour period. This capacity is favorable and well within acceptable standards. Acceptable servicc levels will also be achieved at the site driveways to Fairview Avenue where the Predominant movements will be right turns. The findings of this supplemental analysis indicate that no significant traffic problems will result from adding the proposed retail space to the Family Center site. Sincerely, Patrick Dobie, P.E. Dobie Engineering, 1 06/17/94 15:10 'C208 345 7650 ACHD _41 COuntu'Wi4ktVCt' "bi'jt'ict 0 001/001 Sherry R Huber. President 318 East 37th Street Judy Peavey -Derr. Vice President Garden City. Idaho 83714-6499 Martyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens. Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a -mail: tellus@achd.ada.id.us June 17. 1999 Tom Bauwens The Dakota Company 380 East Park Center Blvd, Suite 100 Boise. ID 83706 Re: MCPA-99-0002 South of Fairview, East of Records The Ada County Highway District has received the updated traffic analysis as requested. The District accepts the traffic numbers and is processing the application. There is no longer a hold on this project. Feel free to contact me if there are any other questions or concerns David Szplett Planning and Development Division cc: Project File Shari Stiles, City of Meridian Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 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 Fax (208) 888-4218 LEGAL DEPARTMENT ('_08)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PFP-00-001 REQUEST: PRELIMINARY FINAL_PLAT F0sum I�F�ca�,g,��RR�uLcinN OR MINUS 23.6 ACRES/C-C ZONING BY: DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER OF RECORDS DRIVE AND FAIRVIEW AVENUE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER REcE E JAN 19 2000 CITY OF MEEIDiAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: rceo'5D 1 '&jft pity *V4 Yl,eo"I LEGAL DEPARTMENT (208)288-2499 - Fax 288-250[ PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PFP-00-001 REQUEST: PRELIMINARY FINAL PLAT FOR RECORDS EAST SUBDIVISION, PLUS OR MINUS 23.6 ACRES/C-C ZONING BY: DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAKOTA COMPANY, INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER OF RECORDS DRIVE AND FAIRVIEW AVENUE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT :-POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) Com' JAN 19 2000 CITY OF N'E"�N HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208)288-2499 - Fax 288-250[ PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PFP-00-001 REQUEST: PRELIMINARY FINAL PLAT FOR RECORDS EAST SUBDIVISION, PLUS OR MINUS 23.6 ACRES/C-C ZONING BY: DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAKOTA COMPANY, INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER OF RECORDS DRIVE AND FAIRVIEW AVENUE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT :-POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) Com' JAN 19 2000 CITY OF N'E"�N 01-21-00 16:23 MERIDIAN WASTEWATER ID=2088540744 HUB OF TREASURE VALLEY ROBERT D. CORRIS A Good Place to Live City c,>unci, Memecrs CITY OF MERIDIAN CILARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDF,RSON (208) 888.4433 • Fax (2D8) 887-4813 KEITH BIRD Ciry Clerk Fax (208) 888-4218 P(92/03 LEGAL, DEPARTMENT (20S) 2SS-2+99 - Fux 288-251)1 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fix SS7-1297 PLANNING AND ZONING DEPARTMENT (.08) SS -5533 - Faz 987-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21_2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PFP-00-001 REQUEST: PRELIMINARY FINAL PLAT FOR RECORDS EAST SUBDIVISION PLUS OR MINUS 23.6 ACRES/C-C ZONING BY: DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER OF RECORDS DRIVE AND FAIRVIEW AVENUE KENT BROWN, P/Z THOMAS BARBEIRO, PIZ RICHARD HATCHER, P/Z KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER JAN 2 4 2000 CITY OF NIERID AN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: JAN 21 '00 16:24 2088840744 PAGE.02 _ 208 378 0329 N•b��b-� NOU-30-1999 13:25 PP --RLE ENGINEERING '9 �W NUBBLE ENGINEERING, INC. 208/322-8992 . Fax 208/378-0329 9550 Bethel Court . Boise, Idaho 83709 Project No. 9925000 D.D.R.C. REMAINDER PARCEL PROPERTY DESCRIPTION November 30, 1999 A parcel of land located in the NE1/4 of thee as/followof sectConmmenc ng at the B.M., Ada County, Idaho, more particularly describ comer common to Sections 4, 5, 8 and the said Section 9; thence South 89°22'10" East, 2659.63 feet to the 1/4 comer common to said Sections 4 and 9; thence South 0°48'14" West tt along the North-South mid-section line 60.00 feet, to the REAL POINT OF BEGINNING; thence continuing along the North-South mid-section line South 0°48'14°' West 820.85 feet to a point; thence North 89035'32" West, 569.33 feet to a point on the easterly right-of-way line of N. Records Ave.; thence along said right-of-way line for the following seven courses: 84.19 feet along a curve to the left to said North 14'07',53" West18.75 us of 238.45 feet, a delta of 20013'46" and a long chordbearing feet; thence North 22°18'38" West, 2.62 feet to a point, hence 57.89 feet along a curve to the left to a point, said curve having a radius t of 143.75 he feet, a delta of 23°04'30" and a long chord bearing North 10024'03" West, 57.50 feet; thence North 00025'00" East, 277.97 feet to a point; thence North 02037'35" East, 298.24 feet to a point; thence North 00°25'00" East, 78.20 feet to a point; Page 1 of 2 NOO-30-1999 13:25 HUB$LE ENGINEERING 208 378 0329 P.03iO3 ne of thence North 45°31'25" East, 40.92 feet to the Nouth g9907286411of Ada Coulnty ew Avenue as created by warranty deed with Instrument umber records: thence along said South right-of-way line s 491,667 square feet) 89'22'10" East, mfore eet to® the Real Point of Beginning. Containing 11.29 acre less. J:TRW/vw/DDRC- Remainder Prepared by: HUBBLE ENGINEERING, INC. o�ptr uveas 0 cc a 9 4,*rOf\O ADD R.* Todd R. Waite, P.L.S. Page 2 of 2 TEALEYS LAND SURVEY PAGE 01 34/29/1999- 09:59 208385096 1 -. TEALETS LAND 915 west Jefferson Street • Boise, idaho 83702 (208) 385-0636 SURVEYING Fax (208) 385-0696 project. No.: 1882 Date: April 29, 1999 DESCRIPTION FOR TIM GIBSON — pA-RCEL I A parcel of land being a portion of the 1vW 1/4 of the NE 1/4 of Section 9, T.3N., R.IE., B.M., Ada County, Idaho as shown onRc IdahoSan more particularly described y No. 1293, filed for record in the office of the Ada County Recorder, Boise, as follows: pin marking the North 1,14 corner of said Section 9; thence Commencing at an iron along the centerline of said Section 9 cap South 00°48'35" West, formerly o A�enue,lsaid point ntbeingebrass the POINTOF on the South right-of-way line of Fair BEGINNING; thence along said South right-of-way line thence leaving said South right - South 89°35'00" East 432.45 feet to an iron pini; of -way line South 00042'46' West 503.18 feet to an iron pin; thence North 89°35'00" West 433.30 feet, formerly 433.25 feet, to an iron pin on said centerline of Section 9; thence along said centerline North 0048'35" East, formerly North 00148'14" East, 503.19 feet to the POINT OF BEGINNING, Said parcei of land contains 5.00 acres, more or less. w4D �34� Post -8• Fax Note 7671 jOd1!d.%CI �pa 4 K r - IPhorw r 2raa_^ I C:vty Dowmonr••••N�� to-, -dq doe • �dc 04/29/1999 09:59 208385696 TEALEYS LAND SURVEY PAGE 02 415 West Jefferson Street • Bo:se. Idaho 63702 51 TEALEY'S LAND (208) 385-0636 SURVEYING Fax (208) 385-0696 Project. No.: 1882 Date: April 29, 1999 DESCRIPTION FOR TIM GIBSON — PARCEL 2 A parcel of land being a portion of the NW 1/4 of the NE 11/4 of Section 9, T.3N., R.I E., B.M., Ada County, Idaho. and more particularly described as follows: Commencing at an iron pin marking the North 1!4 comer of said Section 9; thence along the centerline of said Section 9 South 00°48'35" West, formerly South 00048'14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue; thence along said South right-of-way line South 89°35'00" East 432.45 feet to an iron pin marking the POINT OF BEGINNING; thence continuing a point; thence leaving said South right -of - South 89035'00" East 276.21 feet to way line South 15°00'00" West 276.88 feet to a point; thence South 00°48'35" West 554-06 feet to a point: thence North 89035'00" West 640.79 feet to a point on said centerline of Section 9; thence along said centerline North 00°48'35" East 318.83 feet to an iron pin; thence leaving said centerline South 89°35'00" East 433.30 feet to an iron pin; thence North 00°42'46" East 503.18 feet to the POINT OF BEGINNING, Said pared of land contains 7.30 acres, more or less. I A Nn CV4, id- DAKOTA December 06, 1999 Ms. Shari Stiles Planning Director & Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Family Center At Meridian - Phase Q Expansion Preliminary/Final Subdivision Platting Dear Shari: At the pre -application meeting for the submittal of the preliminary subdivision plat for the expansion of the Family Center At Meridian project, you indicated that you would support the idea of processing both the preliminary and final plat applications simultaneously. During the meeting you phoned Mr. Gary Smith and he also indicated he would support this idea. Based on this discussion and we have decided to submit a preliminary and final subdivision plat application no later than January 03, 2000. Thank you for your consideration and cooperation. Sincerely, zig Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. cc: Ms. Joan Allgood - DDRC Mr. Ery Mallory - DDRC Mr. Craig Trottier - DDRC ■ ?411')NE .208: 3413 -x:1'3 =ati .»3) 330 B013E !C AHO 337Go DEC -22-1999 17:14 --+'4+U13BLE ENG I NEER I NG ADA COUNTY DEVELOPMENT SERVICES PHONE: (208) 364-2277 650 MAIN STREET, BOISE, IDAHO 83702 FAX: (208) 364-2406 PLANNING • BUILDING ENGINEERING • December 20, 1999 Patrick Scheffler P L S Hubble Engineering Inc 9550 Bethel Ct Boise ID 83709 208 3?8 0329 P.01/01 • RE: Subdivision Name Reservation - RECORDS EAST SUBDIVISION Dear Patrick: At your request I will reserve the name "RECORDS EAST SUBDIVISION" for you to use for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, �z John E. Priester, P.E.L.S. County Engineer iP/jp Post -W Fax Note 7671 Date #oma► f To- 4 n Y+, From Co./Dept. CO. Phone 0 Phone M Fax a Fax V E3/25/1999b'J:t)y N 00'.e 39, E .9.74. �eada50696 `� FAIRVIEW�— �,_ 89*35*01329.56' 5 � r ` J L Bu�o� I I PARCEL 3 1 P. z�1.79a •v ��. ( 6.L90 oc�h I I '