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Application
Mayor Tammy de Weerd City Council Members: E IDIAN~ Keith Bird i+ Brad Hoaglun Charles Rountree IDAHO David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: 28-Feb-13 Transmittal Date: February 8, 2013 File No.: CPAM 12-007, AZ 13-003 & PP 13-004 Hearing Date: March 7, 2013 Request: Public Hearing- Amend the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on 16.18 acres of land from MU-C (Mixed Use -Community) to MDR (Medium Density Residential); Annexation & Zoning of 16.18 acres of land with an R-8 zoning district AND Preliminary Plat approval consisting of 64 single-family resdential building lots & 7 common/other lots on 16.18 acres of land in a proposed R-8 zoning district for Woodburn West Subdivision By: Northside Management, LLC Location of Property or Project: north of W. Ustick Road, approximately 1/4 mile east of N. Linder Road Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Vacant Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary ServlCeS (No VAR, VAC, FP) Building Department /Rick Jackson Fire Department Police Department City Attorney Community Development City Planner Parks Department Economic Dev. City Engineer Meridian School District (No FP> Meridian Post Office (FP/PP/sHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cuP/SHP only) QW2St (FP/PP/SHP only) IntermoUntaln G8S (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kung Irrigation District Boise Project Board of Control /Tim Page Your Concise Remarks: City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 •Fax 208-888-4218 • www.meridiancity.org ~~E IDIAN- - Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Alternative Compliance exation and Zoning omprehensive Plan Map Amendment Comprehensive Plan Text Amendment ^ Conditional Use Permit STAFF USE ONLY: ^ Conditional Use Permit Modification ^ Design Review File number(s): SPA M--2.-GO"1 ; Ate'°'~'QCj3 ~ ^ Development Agreement Modification PP-13' cwy ^ Final Plat ^ Final Plat Modification U.lnadbu rn t~.1~s~- S~.l~rn Project name: ^ Planned Unit Development Date filed: Date complete: eliminary Plat r~_ A i d Pl ) ~' ~~S Private Street gne ss anner: J01~ lt... i~l 11- - ^ Rezone Related files: ^ Short plat ^ Time Extension (Commissi C il on or ounc ) ^ UDC Text Amendment Hearing date: 3=1- l3 ®Commission ^ ^ Vacation (Council) ^ Variance Council ^ Other Information Applicant name: ' Applicant address: Applicant's interest in property: ^ Own ^ Rent ^ Optioned _ Phone: ~'~ ZOZ Fax: 1'L~GLJ L Zip: E-mail: $Co~116rfks~YYb~~ , Gariti ,Other i'rPlzSertta-bV~ Owner name: ~~~~~~oczal i~v- ~''~'• ~ic~T.~R~cka-~phone: ~~ Fax: I Owner address: ~o$ (O IZ2"1~ rYU. ~ ~ ~I Q.(.~ W I Zip: i~ (~" E-mail: ~L~~(~ ~'LfA~t~15%Qe~ . (,OYK~ Agent name (e.g., arcLhitect,,e~nagineer, developer, represeyntative): SGe~' ~Orl~]u,~L.~ Firm name: Nd'~hstd>/ ~~Q~~l/~1~11, Phone: Z~'IZOZ Fax: ~L l Address: r08I D ~Qa~rfu ~ I ~'Q,C~ ~ Zip: 8J7I E-mail: 5C ~ 51 G. co1~Cti Primary contact is: ^ Applicant ^ Owner Agent ^ Other Contact name: (~lrl~ ~ Phone: Z~' (~Z Fax: Contact address: _~Q$~D '~U ~~ (~ p1Q(~ 1'iV ~ Zip: ~~ E-mail:'~Lt9~~~'l01'~'h5f 'rY10~',• C!/YVIr Information Location/street address: 33.3.E-~ N • ~i00~X L~e Assessor's parcel number(s): SO~~6 Township, range, section: ~•~ I Y V Ja~ Total acreage: I f'0 ~ ICS Current land use: 1~CLL~~"i ~~ Current zoning district: ~~r 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29/11) Project/subdivision name: WLC~G(, t"~(,1' 11 JbI.fJGI,( General description of proposed project/request: ~ ~1'~~ Proposed zoning district(s): .~ Acres of each zone proposed: (~ •_ ~S Type of use proposed (check all that apply): f~ Residential ^ Commercial ^ Office ^ Industrial__••__,^ Other Amenities provided with this development (if applicable): ~~lR ~IS~,{i~!!0~ Who will own & maintain the pressurized irrigation system i'nLthi's'd/evelopment? c~~~ ~"eY~~J ~~'I'• ~ • U ~// Which irrigation district do"es~this propeirty lie within? ~~L'~f~t t~Gf ~s ~~1~ ~~~i~11~1L~ Primary irrigation source: GSA,-1Q.lP~~ /~~R~ ~ ~~T~-1'decondary: ~ 1 n Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): ~ 2 Residential Number of residential units: _~ Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: ~~ 2 or mo/re/~Bedrooms: ~~~ Minimum square footage of structure(s) (excl. garage): ~. A'~b ~ Proposed building height: n1~J /~ Minimum property size (s.f): .~ bOgO/S ~ Average property size (s.f.):,r~.gLC~ -~,.~ St Gross density (DU/acre-total land): ~ : I f~ Net density (DU/acre-excluding-ro1a/d~s & alleys): 3 ~ "! Percentage of open space provided: ~ ~ . Db /d Acreage of open space: ~ • /"1 pk~ Percentage of useable open space: ~ ~ • ~~ %p (See Chapter 3, Article G, for qualifie}d open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): '~lJC~lb11111 ! ~1 Type of dwelling(s) proposed: Single-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Summa Number of building lots: Other lots: Gross floor area proposed: Hours of operation (days and hours); Percentage of site/project devoted to Landscaping: Total number of employees! Existing (if a lieaGle): Building height: Building: Paving: Maximum number of employees at any one time: Number and a students/children (if applicable): Total er of parking spaces provided: Authorization Print applicant name: Applicant Seating capacity: Number of compact spaces provided: Date: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 11/29/11) January 28, 2013 Mayor de Weerd & Meridian City Council Meridian City Hall 33 East Broadway Ave. Meridian, Idaho 83642 RE: Request for Comprehensive Plan Map Amendment, Annexation/Rezone & Preliminary Plat Applications for 3335 North Cooper Lane, Meridian, Id. Dear Honorable Mayor & Council Members: On behalf of my client, Heartland Homes, LLC, please accept this application for a Comprehensive Plan Map Amendment, Annexation/Rezone, & Preliminary Plat for two parcels located at 3335 North Cooper Lane, Meridian, Idaho. The site is located just East of Linder and North of Ustick roads. The properties will be annexed into the City of Meridian. The site is bounded by Sienna Creek #2 on the North, Woodburn #1 on the East, Undeveloped Land (RUT/MU-C Comp Plan) on the South & Undeveloped Land (RUT/Medium Comp Plan) on the West. We are requesting the following: Request 1: Comprehensive Plan Map Amendment for the portions of land that indicate MU-C. Our desire is to re-designate these areas to Medium Density Residential (R-8). Adjacent development to the East (existing R-8 developed), proximity/detachment from Ustick Road (500' +/-) and an existing home/parcel that exceeds one [1+) acre on the most Southeasterly boundary of our proposed development justify a modification of the Comprehensive Plan Map to properly blend land use types in a cohesive fashion. Support of Medium Density residential (R-8) will be complimentary to the established homes to the North & East while providing transitional land use between those lower density properties and future Neighborhood Commercial and/or Very High Density Residential as identified on the Comprehensive Land Use Map. If approved, our development will provide a positive transition to all remaining and future MU-C designations. While the City of Meridian Comprehensive Plan Land Use Map calls out portions of the site to be MU-C, the argument can and should be made that these applications and the overall development design best blend both existing & future development of adjacent property. There are several goals and policies within the Meridian City Comprehensive Plan that we believe this development encompasses. These are outlined below: Chapter VII -Goal IV: Encourage compatible uses to minimize conflicts and maximize land use. Objective A: Address conflicts with compatible uses and impact areas Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning: Response: This development abuts two existing subdivisions as well as one (1) home with over an (1 +) acre of land. The project layout will function as transitional zoning between them and future neighborhood commercial or very high density developments. Objective C: Encourage residential infill to utilize existing services. Action 1: Protect existing properties from incompatible land use development on adjacent parcels. Action 9: Adopt land use designations which will allow for housing opportunities for all income levels. Response: This development will utilize existing city services and provide further transitional zoning between the current RUT/R-8/MU-C while adding housing diversity in the immediate area that is needed. Chapter VII -Goal V: Offer a diversity of housing types for a greater range of choice. Objective A: Encourage quality housing projects for all economic levels in a variety of areas. Action 4: Provide a wide diversity of housing types and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. Response: This property should be approved as a suitable residential development. Request 2: Annexation & Rezone of parcels #S0436346710 & #5043636655. Requested rezoning is Medium Density Residential of 16.18 acres. A Preliminary Plat for 711ots total, 64 of which are Single Family detached lots, and 7 Common Lots. Special design considerations include pedestrian pathway connectivity South to North as well as East to West with a large common lot park in the center of the development. This common lot park provides a central intersection for all pathways, will be improved with plantings, and a Tot Lot. There will also be a very large common lot park on the Southern end of the development that will provide large open areas for sporting activities such as soccer, football, running & general play. Request 3: Preliminary Plat of parcels #SO436346710 & #SO43636655. Requested rezoning is Medium Density Residential of 16.18 acres. Development Features include 64 Residential Lots & 7 Common Lots. Total density is 3.96 Units to the Acre. Total qualified openspace is 1.79 acres or 10.4% of the land. Amenities include two very large openspace parks, one with a Tot Lot, pathways & plantings, and the other with very large open play area and plantings. In addition, the development includes several pedestrian pathways running North & South as well as East & West. These pathways will provide the highest level of pedestrian connectivity to both existing & future development on all sides of the property. No variances are requested. We believe that this development will be a positive addition to the City of Meridian. We look forward to working with you and your staff to make this infill development a reality. In the event you have any questions or concerns, feel free to contact me anytime. Sincerely, Nor~nagement 230-1202 scottCa~northsidemgt.com Attachments CC: Client Project File DA H 0 1450 East Watertower St. Suite 130 SURVEY Meridian, Idaho 83642 G R4 U P Phone (zos) s46-8s~o Fax (208) 884-5399 DESCRIPTION FOR WOODBURN SUBDIVISION NO.2 A parcel of land located in the W 1/2 of the E 1/2 of the SW 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at a brass cap monument marking the S1/4 corner of said Section 36 from which a brass cap monument marking the SW corner of said Section 36 bears North 88°43'02" West, 2662.29 feet; feet; Thence along the South boundary line of said Section 36 North 88°43'02" West, 665.30 Thence leaving said South boundary line North 00°23'27" East, 141.63 feet to a point on the centerline of a drain ditch as shown on Record of Survey No. 6931, recorded June 8, 2002 as Instrument No. 105073795, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING; Thence along said centerline the following 9 courses: Thence North 67°09'36" West, 129.84 feet; Thence North 71°02'19" West, 75.67 feet; Thence North 66°37'06" West, 55.79 feet; Thence North 51°24'02" West, 66.02 feet; Thence North 47°26'41" West, 78.17 feet; Thence North 38°29'05" West, 31.20 feet; Thence North 72°42'55" West, 123.96 feet; Thence North 71°14'14" West, 117.61 feet; Thence North 69°15'45" West, 67.37 feet to a point on the West boundary line of the W 1 /2 of the E 1 /2 of the SW 1 /4 of said Section 36; Thence along said West boundary line North 00°20'14" East, 925.13 feet to the southwest corner of Sienna Creek Subdivision No. 2 as filed in Book 96 of Plats at Pages 11806 through 11808, records of Ada. County, Idaho; Thence along the exterior boundary line of said Sienna Creek Subdivision No. 2 South 86°56'20" East, 667.47 feet (formerly described as 667.41 feet); S:\ISG Projects\Richards 16ac Bdy-Topo-Platting 12-130\Documents\Woodburn Subdivision No 2 desc.rtf Thence continuing along said exterior boundary line and the West boundary line of Woodburn Subdivision as filed in Book 96 of Plats at Pages 11809 through 11811, records of Ada County, Idaho South 00°23'27" West, 1203.62 feet to the REAL POINT OF BEGINNING. Containing 16.18 acres, more or less. Prepared by: REV A ROVAL BY FEB 0 5 2013 MERIDIAN PUBLIC WORKS DEPT. ~. S:\ISG Projects\Richards 16ac Bdy-Topo-Platting 12-130\Documents\Woodburn Subdivision No 2 desc.rtf Gregory G. Carter, P.L.S. JDAHO IS9 GROUP February 4, 2013 1450 East Watertower St. Suite 130 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 CLOSURE SHEET FOR WOODBURN SUBDIVISION NO.2 (RPOB) Course: N 67-09-36 W Distance: 129.84' Course: N 71-02-19 W Distance: 75.67' Course: N 66-37-06 W Distance: 55.79' Course: N 51-24-02 W Distance: 66.02' Course: N 47-26-41 W Distance: 78.17' Course: N 38-29-05 W Distance: 31.20' Course: N 72-42-55 W Distance: 123.96' Course: N 71-14-14 W Distance: 117.61' Course: N 69-15-45 W Distance: 67.37' Course: N 00-20-14 E Distance: 925.13' Course: S 86-56-20 E Distance: 667.47'. Course: S 00-23-27 W Distance: 1203.62' Perimeter: 354 1.850136 Area: 705009.039893 16.18 acres Mathematical Closure - (Us es Survey Units) Error of Closure: 0.0000010 Course: S 90-00-00 E Precision 1:3541850136.02 P Ic P.C. S:\ISG Projects\Richards 16ac Bdy-Topo-Platting 12-130\Documents\Woodburn no 2 CLOSURES.rtf Gregory G. Carter, P.L.S. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 16.00 3 BOISE IDAHQ 08117/10 03:27 PM --- DEPUTY Bonnie06erbilllg (~I (~~I~I~"I~I'I~'!,I'It+'~~~~ ~,~~ RECORDED-REQUEST OF f 11~07618~ Sawtontlt Land Surveying QUITCLAIM DEED FOR VA,LfUE RECEIVED, Edith E. Cooper [Grantor] does hereby convey, release, remise and forever quit claim unt0'Dick B. Richards and Glenda F. Richards, husband and wif~Grantee] whose current address is: 1058 W. Ustick Road, Meridian, Idaho, 83642, the following described premises: SEE ATTACHED LEGAL DESCRIPTION ,r~~~ G'° TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. ;,_,,,~ Date: '8' ! [ ~.7 By: ~D ~ -~sn Edith E. Cooper [Grantors ~Q7j/`l (~ G L?~'~ State of Idaho ) S.S. County of ~~~ ) On this ~_ day of A~~ u ST _, in the year 20~, before me -T'~-{ l~ jZ t~tZ'CEtZ ,personalty appeared "Dp~L.,E CpCaf~~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is(are) subscribed to the within instrument, and acknowledged that he(shexthey) executed the same. _ -1'~ aQ~-g• P09~ Notary ublic F'A My Commission Expires on~t fc NOTARY _,_ 'v<?~ ~o P: (2~8) 398-8 1 O4 F: (208) 39B-B 1 ~5 207 W. MAIN 5T, EMMETT, ID 8361 7 DICK AND GLENDA RICt1ARD5 LEGAL DESCRIF'TON July 30, 20 f O A parcel of land bung a portion of the W I /2 of the E I /2 of the SW I /4 of Section 36, T. 4 N., (Z I W., B.M., Ada County, Idaho. COMMENCING at a found brass cap marking the southwest corner of said Section 36; Thence South 88°44'00" East coincident with the south line of said Section 36, a distance of 1996.68 feet to the southeast corner of said W f /2 of the E I /2 of the SW I /4 of Section 36; ``/ Thence North O°23' 29" East coinadent with the east line of said W I /2 of the E 112 of the SW i /4 of Section 36, a distance of 14 I .63 feet to a found I /2" rebar/ca Ply 5292 markng the northeast ~v' ' f corner of ROS No. 693 I ,Ada County Records, and the POINT OF BEGINNING; Thence North 67°09'36" West, 129.84 feet to the centerhne of a drain ditch as shown on said ROS No. 693 I ; Thence North 7 I °02' f 9" West coincdent Huth said centerline of drain ditch, 75.67 feet; Thence North 66°37'06" West coincdent with said centerline of dram ditch, 55.79 feet; Thence North 5 I°24'02" West coincident with said centerline of drain ditch, 66.02 feet; Thence North 47°26'4 I "West coincident Huth said centerline of dram ditch, 7B. 17 feet; Thence North 38°29'05" West comc~dent with said centerline of drain ditch, 3 I .20 feet; Thence North 72°42'55" West coincident with satd centerline of dram ditch, 123.96 feet; Thence North 7 f ° 14' 14" West coincdent Hnth Bald centerline of drain ditch, I ! 7.6 I feet; Thence North 69° 15'45" West coincident with Bald centerline of dram ditch, 67.35 feet to a found I/2' rebarlno cap on the west Itne of satd W I /2 of the E I /2 of the SW I /4 of Sectaon 36, marking the northwest corner of Bald ROS No. 693 I ; Thence North O°20' 19" East coincdent with said west Itne of the W I /2 of the E i /2 of the SW I!4 of Sectton 36, a dtstance of 455.25 feet to a found 112" rebar/cap f'15 946, markng the southwest corner of ROS No. 6280, Ada County Records; -~ P:12010\10028-Dick and Glenda Richards~DrawingslDescriptioos~Diick Richards Legal.doc CP Page 1 of 2 Thence North 89°49'24" Fast, 666.34 feet to a found I/2" rebar/cap PLS 946 on said east Ime of the W I/2 of the E i/2 of the SW I/4 of Section 36, maricmg the southeast corner of ROS No. 6280, Ada County Records; Thence South 0°23' 29" West comadent with said east line of the W I /2 of the E I /2 of the SW I /4 of Section 36, a distance of 771 .43 feet to the POINT OF BEGINNtNG.x e ove ~~\\ i,~,i P:12010\10028-Dick and Glenda ltichardslDrawingslDescriptionslDick Rict~ds I.egal.doc CP Pagc 2 of 2 9 `~ •' Return To: ' SILVER STATE FINANCIAL ~. SERVICES, D13A SILVER STATE 2485 Village View Drive, 3rd Floor, Henderson, NV 89074 i f ' Prepared By: Aj,AOUaT s9.oo ~ ADA COlltdll' RECORDER J. DAVID NAVARRO IIII,IIIIII~ I~ III 901SE iDAN010131106 04:19 PM III IIIIIIIIIIIInn RECDADED n11En ESTIOF9 1H617~~`~1 Title tkle ~ ;~r7 b~CS~i ~F L1 {~/ Y) i }"} [Space Above This Line For Recording Daraj DEED OF TRUST MIN 100163122001298291 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument'! means this document, which is dated October 24 2006 , together with all Riders to this document. ($)'Borrower"is DICK RICHARDS and GLENDA RICHARDS, husband and wife Borrower is the trustor under this Security Instrument. (C~'Zeader"is Silver State Financial Services, Inc d/b/a Silver State Mortgage ~ Lender is a corporation organized and existing under the laws of Nevada i Lti# : 220012 9829 I IDAHO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMB~IT WITH Mi3~S Form 3013 1101 -6A{ID) rooo57.0~ Page 1 of 15 Initials:~l i VMP MORrC'AGE FORMS -(800)521-7291 , ' ~. ~. ~3 i,) Lender's address is 2485 Village View Dr. , 3rd Floor, Henderson, NV 89074 (A) "Trustee" is TITLEONE 1101 W RIVER ST STE 201, BOISE, ID 83702 (E) '7VIERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. INTERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS. (~ 'Note" means the promissory note signed by Borrower and dated October 24 2006 The Note states that Borrower owes Lender four hundred eight thousand and 00/100 Dollars (IJ. S. $ 40 B , 000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2036 (G} "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (~ "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) 'Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider ~ Condominium Rider 0 Second Home Rider ^ Balloon Rider 0 Planned Unit Development Rider Q 1-4 Family Rider ^ VA Rider ®Prepayment Rider ®Other(s) [specify] INTEREST-ONLY ADDENDUM TO ARM RIDER (.n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opirtions. (I~ "Community Association Dnes, Fees, and Assessments" means all dues, fees, assessments and other chazges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account, Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (Nn "Escrow Items" means those items that are described in Section 3. (1~T) 'ZVIiscellaneons Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described In Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of; or omissions as to, the value and/or condition of the Property. (O) '2Vlortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) 'Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (1 SIN#: 2200129829 i~a~as: ~(~~ -6A(ID) rooo5~.0~ Pe0e2 a ~s Forrn 3013 1101 ® g{ ~ _ ... . __ _ _ (Q) 'RESPA" means the Real Estate Settlement Procedures Act. (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Secwity Instrument, "RESPA" refers to afl requirements and restrictions that are imposed in.regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) 'Successor iu Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MFRS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secwes to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale,. the following described property located In the COUNTY [Type of Recording Jurisdiction] of [Name of Recording Jurisdiction] SEE EXHIBIT A ATTACHED HERETO AND MADE APART HEREOF Parcel ID Number: SO463646680 & SO436349700 which currently has the address of 1058 WEST USTICK ROAD [Street] MERIDIAN [City], Idaho 83646 [Zip Coda] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Secwity Instrument as the "Property. " Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclosure and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. /)IN#: 2200129829 -6A(ID] taoa5).o~ Pepe 3 of 15 ~' Form 3013 1 /01 ® ~ . fZ. c a A parcel of land situated in the West half East half Southwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, in Ada County, Idaho, described as follows: Commencing at the intersection of West boundary and South boundary of said Section 36; thence South 89 degrees 53 minutes East for a distance of 1329.9 feet to the Southwest comer of said West half East half Southwest quarter of said Section 36; thence continuing along South boundary of said Section 36 for a distance of 672.5 feet to an iron pipe against a creosoted post, said pipe being the Southeast comer of the West half East half Southwest quarter of said Section 36; thence North a distance of 151.3 feet fo an iron pipe Located in the center line of a five drain ditch, being the REAL POINT OF BEGINNING; thence ~ North 516 feet to an iron pipe; thence North 89 degrees 53 minutes West 672.5 feet to an iron pipe in West boundary of said West half East half Southwest quarter of Section 36; thence South 448 feet to an iron pipe in the center line of a live drain ditch, and being located 289 feet North of the South boundary of said Section 36; thence Southeasterly along center line of a live drain ditch through all of its courses to an iron pipe, except the East 25 feet thereof. (A0660944.PFDlA0660944/16) Recording Requested Byc Bank of America Prepazed By: Lori Fitch 888-603-9011 When recorded mail to: Corel,ogic 450 E. Boundary St Attn: Release Dept. Chapin, SC 29036 IIIfl~e~il~~~II~IIII~~INIh~~~llllilQl DocID# 69414660827416683 Tax 1D: 50436346680 Property Address: 1058 West Ustick Road Meridian, ID83646-4868 1n0.ADT 14737216 vunan ADA COUNTY RECORDER Christopher D. Rich AMOUNT 10.00 1 BOISE IDAHO Q7/20/201 ~ 02:04 PM DEPUTY Bonnie Oberbillig tIn ry Sunplifile Electronic Recording I Ilnll IUII'III~ (IU~ WIT I'I IIII ~III'lII lI~~ III tllll Y~I II'I RECORDED-REQUEST OF N u n ry coRel_oclc 111057909 ~rni:,axe r« ne~omd, use - MIN q: 100163122001298291 MERS Phone q: 888-fi79-ti3T] ASSIGNMENT OF DEED OF TRUST Fw Value Received, lire undersigned holder of a Deed of Trust (herein "Assignor") whose address is 3300 34TH AVENUE, SUITE 101 OCALA, FL 34474 does hereby gaol, sell, assign, transfer and convey un~BAC HOME LOANS SERVICING LY, FKA COUNTRYWIDE HOME LOANS SERVICING LP, FOR THE BENEFIT OF DEUTSC ANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAA HOME EQUTTY TRUST 2005-8~ rose address is 1761 E ST ANDREW PL, SANTA ANA, CA 92705 all beneficial interest under that certain eed of Trust described below together with the note(s) and obligations therein described and the money due and to ome due thereon with interest and all rights accrued or to accrue under said Deed of Tnist Original Lender. ~ SILVER STATE FINANCIAL SERVICES, INC D/B/A SILVER STATE MORTGAGE Original Borrower(s): DICK RICHARDS AND GLENDA RICHARDS, HUSBAND AND WIFE Original Trustee: TITLEONE ~ Date of Deed of Trust 1024/2006 Original Loan Amount: 5408,000.00 ~ ' Recorded in Ada County, ID on: 10!312006, book N/A, page N/A and instrument nlmiber 106172291 IN WITNESS WHEREOF, the undersigned has caused this Assignment of Deed of Trust to be executed on ~-ice i~ MORTGAGE ELECTRONIC REGLSTRATION SYSTEMS, INC. , By: s don, Assistant Secretary Slate of California County of Venwra On~~c(~81~it before me, ~n'~ µ~ r"'~~` .Notary Public, personally appeazed Luis Roldan, who proved to me on the basis of satisfactory evidence to be the persons}whose nameCS is/alcesubscribed to the within instrument and acknowledged to me that he/shak#iey executed the same in his/herktleir authorized capacity.Eies}, and that by hislhee>4iieir signature(s) on the instalment the person(aj; or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S my hand and official seal ,~, JENNIE M. KOGAK ~~ ~~ ~+ Commission * 1864075 p, Notary Public - Calttornia z Z~' Los Angeles County s Notary Pu A~ (Sean ~~~~~~ My Comm. Expires Oct 3, 2013 My Com Ission fires: I Cr 3-t 3 - - ;~ €~ ~' '~ F ~` ~ `_ _. _ ;~n u ~, N f ,,~~~ ~~ _~ . =~ i _ ~~~~ a I ~y _ ;; -,~ '>*_o ~n Q (I~-- ~ o o u ~-~ a ~ '~ „; e ~ 1'' .. 1-- ~-- ~_ 1°4 a ;_I S-T '_ a oN 1 ~~ oN a a, -- o 0 0 „ _..- N r o~ . ~ NSl7 - o S 'v e~ 00 .... - ~ i \ ~` ., a ~ ~ P N' „ ~ / C '~ ~ 3s I v~ Lu _ 1 8 N ~ I~ S ~,~ ~ °z '" m `~ a.~. mil„ e eve w ~_ ~. ' e ~ o u o MI. ~.._...... _ o ~a ~° ~ ` "NHR}'~E' A'9E'~'u ~ ~, ~ 1 .--...._.......~.~ ---~--,o o H 1.~ u .._....,a d ~ ~. p .........~ ~ N° 0 d _~.__ ~_ N u ~ o 1 ° $ "" ` __- _... a:_ H n ~ u la __ _._,_.__ a p o _ a-..+ ~! -.. ~. N 1 n - ~ ~ ~, 1 ~ ~ ~ ~_~ o s~+ t , ~°o I ~! 1 ~ ~ ~ - ~ f s - ~_ 1 - - ~ o Iw ~ {~ e 'o ~ ~ o ~ ~ ___ .. - - _. 'S LAN#1 ~URVEYI MG, I NC. 92~ South-~t~ttis Road Boise;..Idabo 83705-1840 Phone: (208j 344-3650 September 22, 2003 Legal Description for Dale E. and Kathy A. Cooper Record of Survey No. 2 ` Parcel 2 A parse! of land being a portion of tht West i/2 of the East 1%2 of the Southwest 1/4 of Section 36, Township ~4 Noith, Range 2 West, ~Boise.Ivieridian; Ada County, Idaho; more particularly described ~. as foiiows: Beginning at as Aluminum Cap marking the Suction Corner common to Suctions 35 and 36, T. 4 N., R.1 W., B.M. and Sections 1 and 2, T. 3 N., R i W., B.M.; , • thence, along the section line common to Sections 36 and I, also being thecenterline of W. Ustick RAad,~ S 88°44'00" E 1996:65 feet to a point marking the Southeast Corncc of the West 112 of the . East 1/2 of the.Southwest 114 of said Section 36, from which an Iron Pin marking the I/4 Comer common to said Sections 3b and 1 bears S 88°44'.00" E 6bS,SS feet distant; I thence, leaving said section linu~ and along the east .boundary line of the West . i /l~ of the East 1 R of the Southwest 1/4 of said Section 36, N 0°23'27" E 913.Ob feet to an Iron Pin being the REAL POINT OF BEGINNING; theaoe,: leaving said.east boundary line, S 89°49'22" W 666.34 feet to an Iron Pin on.the vrest.. l llb section line of said Section 36; thence, along the west 1/16 section lino of said Section 36, N 0°20'14" E 469.71 fed to an Iron Pin; thence,. leavingahe west ilib section ine of said Section 3b, S 86°ST08" E 6b7.47 foot to:•~m •~ Iron Pin on the east boundary line of the West 1/2 of the East 1/2 of the Southwest 1/4 of said-Section 3b, thence. along~said east boundary'line, S 0°23'27" W 432.1b feet to the REAL POINT OF BEGINNING; said parcel contains b.90 acres, more or Less; said par~ctl'is subjoct to a.25 foot wide access easement~along the easterly 25.00 feet of theherein • described parcxt{sec Ina No. 9'0299b8; rocards of Ada County, Idaho). _ ~ • said parcel is suttject'to any easements of record• or. in use. • h•. -___... t. • n ~Q v. 4 ~3C^ ZI= Agmg wT_. W gL~ €38 NI(uji _ _ _ N 00'13't5'E 2637.37' - ~ "' Ng! 4 E /!~~ ~ TINDER ROAD ~ ~ ~~ ~ ti8;~ . tK 1 ~1 y r'~, N ae ~'~ ~ 1 u ~gE I • '•~o o it i ~~ ,S ~ ice; IV r3 ~ x6 1• N I G rp^ ~ u Y+ N 1 1 ~-- o --- 5 00' 20' 14" W 2647.66'--- {{ N y N• --1 - 1 ~ 1 /~ V~ 16 y u ~~ - g\ I !! y e 1yn 0' (n to ~ ~ 4 ~ }! bbl Sn ~ Mest 1/16 Section line ` / / ~ ~ A t(q i /-- 896.Y8' ~~ ~ 469.71' ; so~.o ~ ~ - - ~ 1074.66' - - p c J 1 l~J 30~~.jjj~~~~ A•~~y ~ \O KI N~N ~ • • ~l\ ~~"e/ ~ N tsm ~ zcq N N S M j~t~`uo e`~s. 2,1~I M00'~YC e66.fY' ' fe1 P _II n~ C ~~ W ~i COIw S o 4~~•/ ~si f 8eN x N =3~ a p 0. ~. .~ OI O! ~ yi /J e S ~ Of ~ w~tl ^ or01A ~~. VUI iv ~ 8 C u~~y V G Of TJ N '~p t0 y V ~ 0 6 s G~ r'. ' • Y ~ C N DIu ~pw 6 yN ~N VO ~ , ~~ Sm: ~~ ~ V ~ ~ No o Rea •1.; 'o? 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L 9 ; ~~ ~~ ~ 4 v ~ D ,, r oega~ A ~~•~ g'~'~ z ~:'Rg4 D ne QS~ rn ~? 4S~a°~ ~ n~~~e$ N N= ~ s~~;°S< qq w m pSop•9~O~ ~ •a~~ $ e35R- ~~x~~ ~s~ao ~s.v 33 i8 ~~~~. ~~~~a 4 , R'S~ $~'sB~3M~gS '7''~~RSR~R.°4'$c.4~~3 • ~ 030,_' w4 •_ g~ ~.. Q. ~im Q~SHn~.7~ ~ : oQ~^Q~:.•e 9 ~ g : {''Rg{M ~-- ~ $g ~•~v~~•3y_ ~Son•i.~ 3yp~a3R~.~ ~Nn^C dap $e. °a ~.g-~ '~G o~'~°.['o~g~7C~:s .3 aR~~ ~ ~ x x_..g • _o~ s ; ~~s~ 3 a O n 0 0 v N ~ ~ f 0 w ? K °~ a ? ~ z ~+ ° O o ~ n g7~a -'h O A O r^ no Vl o~ G N C ~ 0-~~~ t.i u.c ~°a o C Sw wo ~ °' .^,n mo Z O_> O GI O n ~ v O) ~N AFFIDAtpIT fJF LEGAL [NTERES`T STATE C1F iDAHQ ~ } ~OC~NTY +~~' p1~A ~ _ _ __ (nantc} {^.~ {ad ressj ~..~' ~ tJ `. {city) _ ... ~3tatt) ~. being firstlditly sworn upon,. oath, depose anJ >iti l 1`hat I ~m the record e~vnar of the. property described ~n the attached, and 1 grant my permi~ton t+a: c ~ l~c~ri~__~, ~~to Furl t C 1'~ use. ~37~~ ~r~~m~~ ___ ~address~ b, ,.~bnrit the ~e~c,~rs~~~uryart~, ~sp~ali~•at~nn{~11'cn~i~7in~, ter that prap~rCy. 2,° t ,,~~.~rr.:u inderttrYi~.~, defend anti 1~old the Cdty crfMeridiart a~~d its amployaes harmless from a,r~y claim or liability resulting from any dispute as to .the staternerns captained herein or as to the ow~ncrship t~f the praperty which is the subject of the application. 3~ 1 hereby grans permissio~t to pity of Mer idrart staff' to enter the subject property for the gsurE~ose~ ofsite ii~~pectierras related to prveessing, said app(ication{s~. sul~scRtel:r~ I)atcd thts .~ day a€' ~r-~~-~,„~„_ ~~~,~.t+~r~rf ~ __~_ . 20_ lvty ~:etntrnssion Expires: f " ~~'~> ~~ 10-29-2012 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made by and between Dick B. Richards and Glenda F. Richards, husband and wife (collectively "Seller") and Heartland Homes. L.L.C., an Idaho limited liability company, or assigns ("Buyer"). 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: 1.1 "Pro e "means collectively: (a) that certain real property located in the County of Ada, State of Idaho, which is depicted on Exhibit A; and (b) all tangible and intangible personal property exclusively associated with the real property described on Exhibit A and improvements thereon, including without limitation, warranties, guaranties, anal other assurances of performance, governmental licenses, permits, and approvals, water rights, and irrigation rights of any kind, including without limitation stock in an irrigation company or district. 1.2 "Closing Agent" means TitleOne Corporation, 1101 W. River Street, Boise, Idaho 83702; Telephone No. (208) 424-851 l; Facsimile No. (208) 424-0049; Attention: Scott Darling (sdarling@TitleOneCorp.com). 1.3 "Closing" means such time as Closing Agent is in receipt of all Seller's Closing Deliveries (as defined in Section 9.1 below) and Buyer's Closing Deliveries (as defined in Section 9.2 below) and is able to and does comply with Seller's and Buyer's Closing instructions. 1.4 "Effective Date" means the first date on which this Agreement has been signed by both Buyer and Seller. 2. Purchase and Sale• Certain Conditions• Termination. 2.1 Purchase and Sale. In consideration of the covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer all of Seller's interest in the Property on the terms and conditions set forth in this Agreement. Buyer is not assuming any liabilities associated with the Property except as expressly set forth herein. 2.2 Certain Conditions. (a) Buyer and Seller acknowledges that the Property is part of a lazger legal parcel of real property and Seller is retaining the portion not being acquired by Buyer. The portion Seller is retaining shall be approximately one (1) acre and is depicted on E 'bit B ("Seller's Retained Parcel"). Buyer and Seller acknowledge that the purchase and sale Purchase and Sale Agreement P. 1 of the Property will result in an illegal subdivision of the Property. Buyer and Seller agree to cooperate with each other to complete final platting of the Property and Seller's Retained Parcel to cure the illegal subdividing, including Seller signing final plat applications, final plat, development agreements, easements and other necessary involvement in order to complete the final platting to cure,the illegal subdivision. (b) The real property owned by Seller located directly East of Seller's Retained. Parcel on the East side of North Cooper Lane as depicted on Exhibit C attached hereto ("Strip Parcel") shall be retained by ,Seller unless the City of Meridian, Ada County I-Iighway District or any other governmental agency requires street improvements with respect to the Strip Parcel. If street improvements are required, then at Buyer's option the Strip Parcel, for no additional consideration paid by Buyer to Seller, shall either (i) be conveyed with a metes and bounds description to Buyer at Closing or (ii) be platted as required by appropriate government agency and following recording of final plat, marketable title to the Strip Parcel shall be conveyed to Buyer. (e) Buyer shall. complete a survey at Buyer's sole.. cost and expense to establish the metes and bozmds description of the Property, Seller's Retained Parcel and the Strip Parcel. Seller agrees to cooperate with the survey. Upon completion of the survey, Buyer and. Seller shall enter into an addendum to this Agreement which replaces the depictions of the Property, Seller's Retained Parcel and the Strip Parcel on Exhibit A. B and C, respectively. The parties agree that the survey shall not be recorded until after the parties execute the addendum described in this Section 2.2(c). If Seller refuses to cooperate with the survey or refuses to execute the addendum, then Seller shall be responsible for the cost of the survey. Buyer may thereafter terminate this Agreement, shall not be obligated ,to proceed to Closing and shall be entitled to a refund of all Earnest Money. (d) Buyer's obligation to Purchase the Property is expressly contingent upon Buyer purchasing prior to April 1, 2013,. Ada County, Idaho Pazcel #50436346655 ("Sagewood Parcel") at Buyer's sole cost and expense. In the event that Buyer is unable to acquire the Sagewood Pazcel by April 1, 2013, for any reason, then Buyer may terminate this Agreement, shall not be obligated to proceed to Closing and shall be entitled to a refund of all Earnest Money. (e) Buyer agrees to stub wet and dry utilities to Seller's Retained Parcel, in a location to be mutually agreed between Buyer and Seller. Buyer and Seller understand that said location will be established by governmental agencies and both shall agree to said decision. (f) At Closing, Seller to grant an access easement over and across Seller's Retained Parcel to Buyer for access to the Property from ,West Ustick Road, which easements shall be released by Buyer upon the recording of final plat providing for direct access to the Property via a public road. Purchase and Sale Agreement P. 2 2.3 Termination. At any time prior to expiration of the Initial Due Diligence Period, Buyer may elect for any reason to terminate this Agreement and not proceed with purchase of any portion of the Property, and receive a refund of the Initial Earnest Money. Buyer may elect to terminate this Agreement and not proceed with purchase of the Property prior to expiration of a Secondary Due Diligence Period and receive a refund of the Additional Earnest Money. If Buyer does not issue written notice of acceptance prior to expiration of either the Initial Due Diligence Period or the Secondary Due Diligence Period, then Buyer shall be deemed to have rejected the Property and Buyer shall be entitled to the refund of applicable Earnest Money. If Buyer issues written notice of intent to proceed prior to expiration of the Secondary Due Diligence Period, and subsequently elects to not proceed to Closing, other than as a result of a failure of a Buyer's Condition to Close, then Buyer shall not be entitled to a refund of the Earnest Money. Seller's sole remedy for Buyer terminating this Agreement after expiration of the Secondary Due Diligence Period for any reason other than failure of a Buyer's Condition to Close set forth herein, shall be Seller's retention of the Earnest Money. In the event of termination of this Agreement, Seiler shall be entitled to ail third party information received by Buyer with respect to the Property during the Due Diligence Period. 3. Purchase Price; Earnest Monev. 3.1 Purchase Price. The purchase price for the Property is Four Hundred Ten Thousand Dollars ($410,000.00) ("purchase Price"), which shall, be paid in cash or other immediately available funds at Closing. 3.2 Earnest Monev. Buyer shall deposit Five Thousand, Dollars ($5,000) ("Initial Earnest Money"), with the Closing Agent within two (2) business days following the Effective Bate. If Buyer issues written notice of intent to proceed prior to the Initial Due Diligence Period, then the Initial Earnest Money shall be nonrefundable, other than in the event this Agreement is terminated by Buyer due to the failure of a condition to Closing set forth herein. If Buyer issues written notice of intent to proceed prior to the Initial Due Diligence Period, then Buyer shall simultaneously deposit Forty Five Thousand Dollars ($45,000) ("Additional Earnest Money") with the Closing Agent. The Additional Earnest Money shall be nonrefundable other than in the event this Agreement is terminated by Buyer due to the failure of a Buyer's Condition to Close set forth herein. The Initial Earnest Money and the Additional Earnest Money shall collectively be referred to herein as the "Earnest Money." The Earnest Money shall be applied against the Purchase Price. No Earnest Money shall be released by the Closing Agent until either Closing or termination of this Agreement by Buyer. 4. Title Matters. 4.1 Commitment. On or before three (3) business days following the Effective Date, Seller shall request Closing Agent to prepare a title commitment ("Commitment") for an ALTA standard owner s coverage title policy with respect to the Property with an effective date of the Commitment not earlier than the Effective Date of this Agreement, insuring fee simple title in the Property in Buyer in the face amount of the Purchase Price, with legible copies of Seller's vesting deed and all exceptions to title identified in the Commitment. Purchase and Sale Agreement P. 3 4.2 Objection Notice. (a) On or before five (5) business days following .receipt of the Commitment, Buyer shall notify Seller in writing of any title matters disclosed m a Commitment to which Buyer objects in its reasonable discretion ("Buyer's Objection Notice"). On or before five (5) business days following the date of Seller's receipt of Buyer's Objection Notice, Seller may notify Buyer in writing whether Seller will cure any of the title matters objected to by Buyer in Buyer's Objection Notice ("Seller's Cure Notice"). If Seller notifies' Buyer in writing that Seller will cure any of the title matters objected to in Buyer's Objection Notice, Seller shall cure such title matters on or before the Closing. and the cure of such title matters shall become a Buyer's Condition to Close (as defined in Section 6.2 below). If Seller notifies Buyer in writing that Seller will not cure any of the title matters objected to in Buyer's Objection Notice, Buyer shall notify Seller in writing ("Buyer's Acceptance/Rejection Notice") whether it accepts or rejects such title matters on or before three (3) business days following the date of receipt of Seller's Cure Notice. If Buyer's Acceptance/Rejection Notice accepts any of the title matters objected to in Buyer's Objection Notice that Seller will not cure, $uyer's objections to such title matters shall be waived. If Buyer's Acceptance/Rejection Notice rejects any of the title matters objected to by Buyer that Seller will not cure, this Agreement shall terminate on the date of Seller's receipt of such notice. (b) If Buyer does not timely provide Buyer's Abjection Notice, Buyer shall be deemed to have waived any objection to title matters under this Section 4. If Seller does not timely provide Seller's Cure Notice to Buyer, Seller shall be deemed to have notified Buyer that it will not cure the title matters objected to by Buyer. If Buyer does ;not timely provide Buyer's Acceptanee/Rejection Notice, Buyer shall be deemed to have accepted aZl title matters objected to in Buyer's Objection Notice that Seller will not cure. 5. Due Diligence; Closing Notice. 5.1 Due Diligence Review. (a} Buyer shall have twenty (20) days from the Effective Date (commencing the day after the Effective Date) to conduct its initial due diligence with respect to the Property ("Initial Due Diligence Period"). Seller shall deliver the items set forth on Exhibit E attached hereto, that are in Seller's possession within three (3) business days of the Effective Date. (b) If Buyer issues a written notice of intent to proceed to Seller prior to 5 p.m. (Mountain Time) on the last day of the Initial Due Diligence and Buyer timely deposits the Additional Earnest Money, Buyer shall have an additional forty (40) days from the last day of the Initial Due Diligence Period (commencing the day after the last day of the Initial Due Diligence Period) to conduct additional due diligence with respect to the Property ("Secondary Due Diligence Period"). If Buyer issues a written notice of intent to proceed to Seller prior to 5 p.m. (Mountain Time) on the last day of the Secondary Due Diligence, then the parties shall proceed to Closing as provided in Section 6. Buyer and Buyer's agents shall Have access to the Property Purchase and Sale Agreement P. 4 during the Due Diligence Periods and thereafter until Closing ; or the termination of this Agreement. 6. Closing. 6.1 Seller's Conditions to Close. The conditions precedent to Closing ("Seller's Conditions to Close") set forth in this Section b.l must each be fully satisfied or waived in writing by Seller in its sole discretion before Seller is obligated to sell the Property. Seller's Conditions to Close are for Seller's sale benefit and may be waived only by Seller. All of Seller's Conditions to Close must be satisfied as of Closing and any earlier date as provided in this Section 6.1; provided, however, that if any of Seller's Conditions to Close are unsatisfied on the date of Closing or such earlier date, Seller may waive such remaining Seller's Condition to Close in writing and proceed to Closing. Notwithstanding any other provision hereunder, if any of Seller's Conditions to Close are not satisfied as of Closing or any earlier date provided in this Section 6.1 and if Seller does not waive such unsatisfied Seller's Condition to Close in writing, this Agreement shall terminate. Seller's Conditions to Close are as follows: (a} Closing Agent has received the Purchase Price (including Earnest Money Deposits} and fully-executed originals of all Buyer's Closing Deliveries on the date of Closing; and (b} Buyer's representations and warranties set forth herein are true and accurate in every material respect. 6.2 Buver's Conditions to Close. The conditions precedent to Closing ("Buyer's Conditions to Close") set forth in this Section 6.2 must each be fiilly .satisfied or waived in writing by Buyer in its sole discretion before Buyer is obligated ~ to purchase the Property. Buyer's Conditions to Close are for Buyer's sole benefit and may be waived only by Buyer. All of Buyer's Conditions to Close must be satisfied as of Closing and any earlier date as provided in this Section 6.2; provided, however, that if any of Buyer's Conditions to Close aze unsatisfied on the date of Closing or such earlier date, Buyer may waive such remaining Buyer's Condition to Close in writing and proceed to Closing. Notwithstanding any other provision hereunder, if any of Buyer's Conditions to Close are not satisfied as of Closing or any earlier date provided in this Section 6.2 and Buyer does not waive such unsatisfied Buyer's Condition to Close in writing, this Agreement shall terminate. Buyer's Conditions to Close aze as follows: (a} Closing Agent has received fully-executed originals. of all Seller's Closing Deliveries on the date of Closing; (b} Seller's representations and warranties set forth herein are true and accurate in every material respect;. (c) The conditions set forth in Sections 2.2(c} and (d) have been satisfied; and Purchase and Sale Agreement P (d) The Closing Agent is prepared to issue to Buyer an owner's policy of title insurance consistent with the Commitment ("Title Policy"), subject to all title matters accepted by Buyer pursuant to Section 4. 6.3 Date of Closing_ Except as otherwise provided hereunder, the date of Closing shall be a date mutually agreeable to $uyer and Seller that is not later than Monday, April 1, 2013. 7. Prorations. At or prior to Closing, Seller shall pay in full all real estate taxes and assessments for the Property due and payable as of the date of Closing. Real estate takes and installments of assessments for the Property due and payable for the year of a Closing shall be prorated as of the date of Closing, computed on the basis of the last; available tax rate and valuation as shown on the tax duplicate. No adjustment to such proration shall be made after Closing. $. Closing Costs. At Closing, in addition to the proration which the parties hereto have agreed herein, the parties shall pay the following costs: 8.1 Seller's Clasing_Co~ts. Seller shall pay: (a} %2 of Closing Agent's fee; (b} the premium for the standard coverage portion of the Title Policy; (c) %Z of recording fees; (d) any excise, transfer, sales, use or similar taxes resulting from the conveyance of the Property, or any portion thereof; (e) real estate commissions and finder's fees Seller has agreed to pay herein; and (f) Seller's legal counsel fees. 8.2 Buyer's Closing Costs. Buyer shall pay: (a) % of Closing Agent's fee; (b) %2 of recording fees; (c) Buyer's legal counsel fees; (b) the cost of any survey obtained by Buyer; (c) any additional premium for extended coverage or endorsements to the Title Policy; and Purchase and Sale Agreement P. 6 (d) no real estate commissions and finder's fees. 8.3 Other Closing Costs. Any other costs associated with a Closing not specifically provided fox herein shall be divided between Seller and Buyer in accordance with local custom and practice in the county in which the Property is located. 9. Closing Deliveries. 9.1 Seller's Closing Deliveries. On or before the date of Closing, Seller shall deposit with Closing Agent Seller's executed originals of the following documents ("Seller's Closing Deliveries") conforming to the terms and conditions of this Agreement: (a) a duly acknowledged and recordable warranty deed ("Warranty Deed"); (b) a duly executed affidavit of Seller stating that Seller is not a "foreign person" under the Foreign Investment in Real Property Tax Act of 1980; and (c) Seller's Closing instructions, if any. 9.2 Buffer's Closing Deliveries. Un or before the date of Closing, Buyer shall deposit with Closing Agent the following. ("Buyer's Closing Deliveries") conforming to the terms and conditions of this Agreement: (a} the Purchase Price pursuant to Section 3 above, with credit for the Earnest Money; and (b) Buyer's Closing instructions, if any. 10. Conduct Pendin Closing. From the Effective Date until the termination of this Agreement or Closing, Seller shall not enter into any agreements affecting the Property or change the physical or legal nature or status of the Property without Buyer's prior consent thereto. 11. Default. 11.1 Seller's Default. (a) Notwithstanding any provision otherwise provided in this Agreement to the contrary, upon Seller's uncured default or breach of any terms or conditions hereunder prior to Closing, Buyer may do either of the following as its sole remedy: ~(i) terminate its obligation to further perform under this Agreement by delivering notice thereof to Seller; or (ii) force Seller to consummate the transaction contemplated herein by commencing legal action for specific performance of Seller's obligations under this Agreement. Pwchase and Sale Agreement P. 7 (b} As a condition precedent to the effective exercise of Buyer's option to terminate its obligation to further perform hereunder or take other action: pursuant to this Section 11.1, Buyer shall give Seller notice of the alleged default or breach of Seller. Seller shall have a period of five (5) business days following receipt of such notice to cure the alleged default or breach to Buyer's reasonable satisfaction, and to thereby cure the default or breach. 11.2 Buyer's Default. (a} Notwithstanding any provision in this Agreement to the contrary, if the sale and purchase of the Property contemplated by this Agreement is not consummated because of the Buyer's uncured breach or default of any terms or conditions hereunder, Seller as its sole and exclusive remedy may terminate this Agreement by delivering notice thereof to Buyer and direct the Closing Agent to disburse the Earnest Money. (b) As a condition precedent to the effective exercise of Seller's option to terminate this Agreement or take other action pursuant to this Section. 11.2, Seller shall give Buyer written notice of the alleged default or breach of Buyer. Buyex shall have a period of five (5) business days following receipt of such notice to cure the alleged default or breach to Seller's reasonable satisfaction, and to thereby cure the default or breach. 11.3 Post-Closing Breach or r3efault. )n the event of a default or breach following Closing, nothing herein shall limit the non-breaching party from pursuing all remedies available under law and equity against the breaching party. 12. Seller's. Representations. Seller hereby represents to Buyer as follows, and Seller agrees to indemnify, defend, and hold Buyer harmless from and against, and to reimburse Buyer with respect to any and all claims, demands, causes of action, actual damages, liabilities, costs, and expenses {including reasonable attorneys' fees and court costs but not including any punitive, special or consequential damages) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by Buyer at any time and from time to time by reason of or arising out of the breach of any of the Seller warranties. If a breach of the Seller warranties occurs prior to Closing, including but not limited to any of Seller warranties being untrue as of the Closing Date, such breach shall constitute a material default of Seller. 12.1 Authori This Agreement constitutes the legal, valid; and binding obligation of Seller, enforceable against Seller in accordance with its respective terms. Seller has full power and has been duly authorized to execute and deliver this Agreement and to perform and carry out all covenants and obligations to be performed and carried out by Seller hereunder. There are no actions, suits, proceedings, or investigations pending or threatened against Seller which question the validity or enforceability of the transaction contemplated herein. None of the execution, delivery, or performance of this Agreement by Seller, the consummation by Seller of the transaction contemplated hereby, or the fulfillment of or compliance with the terms and conditions of this Agreement (a) requires the consent, waiver, approval, license, or authorization of any person or public authority; (b) violates its governing organizational documents or any judgment, order, writ, injunction, or decree, statute, or regulation applicable to Seller; or (c) results in a breach of or default under, with or without the giving of notice or the passage of time Purchase and Sale Agreement P. 8 or both, any mortgage, trust deed, license, indenture, or any other agreement or instrument to which Seller is a party. 12.2 Actions. Seller is not aware of any pending or threatened actions which would in any way interfere with or prohibit any or all of the Sellers from entering into this Agreement or consummating the sale of the Property on the terms set forth in this Agreement. 12.3 Parties in Possession.. There are no parties in possession, or with a right of possession, of the Property, and there are no other agreements or contracts, whether written or oral, for the lease, mortgage or purchase of the Property or any portion thereof except as disclosed in the Commitment. 12.4 Taxes. Seller has not received any notice and does not have any knowledge of any taxes, assessments or special taxes encumbering the Property or any portion thereof, except general property taxes not yet due and payable. 12.5 Encumbrances. Except as set forth in the Commitment, or elsewhere in this Agreement, there are no liens, easements, encroachments, boundary disputes or other matters affecting the Property. 12.6 Condemnation. Seller has no knowledge of any pending or threatened condemnation or similar. proceeding affecting the Property or any part thereof. 12.7 Violations. Seller has not received written notice from any governmental authority that the Property is not in compliance with all applicable laws, except for such failures to comply, if any, which have been remedied. 12.8 Hazardous Materials. Seller has not used at the Property or placed under, on or about the Property, and Seller has no knowledge that any prior owner; occupant or third party has used or placed under on or about the Property any Hazardous Materials in violation of Environmental Laws. The term "Hazardous Materials" shall' mean (a) petroleum and underground storage tanks, (b) any hazardous or toxic substance; material or waste that is regulated by any governmental authority, including without limitation any material or substance that is designated, defined or regulated as a "hazardous substance", "hazardous material" or "hazardous waste" under any provision of Environmental Law, or (c) any substance, material or waste determined by federal, state or local governmental authority to ~ be capable of posing a risk of injury to health, safety or property. The term "Environmental Law" shall mean all federal, state or local laws related to the storage, disposal, release and ~remediation of Hazardous Materials. 12.9 Wetlands. Seller has no knowledge of any areas within the Property that would be governed by Section 404 of the Clean Water Act or any other federal, state or local law relative to wetlands. 13. Buver's Representations. Buyer hereby represents to Seller, as follows: Purchase and Sale Agreement P 13.1 Organization. Buyer is validly organized and is in good standing under the laws of its state of organization. 13.2 Authori .This Agreement constitutes the legal, valid, and binding obligation of Buyer, enforceable against Buyer in accordance with its respective terms. Buyer has full power and has been duly authorized to execute and deliver this Agreement and to perform and carry out all covenants and obligations to be performed and carried out by Buyer hereunder. There are no actions, suits, proceedings, or investigations pending or threatened. against Buyer which question the validity or enforceability of the transaction contemplated herein. None of the execution, delivery, or performance of this Agreement by Buyer, the consummation by Buyer of the transaction contemplated hereby, or the fulfillment of or compliance with the terms and conditions of this Agreement (a) requires the consent, waiver, approval, license, or authorization of any person or public authority; (b) violates its governing organizational documents or any judgment, order, writ, injunction, or decree statute, or regulation applicable to Buyer; (c) results in a breach of or default under, with or without the giving of notice or .the passage of time or both, any mortgage, trust deed, license, indenture, or any other agreement. or instrument to which Buyer is a party. 14. Condemnation. Notwithstanding any other provision hereunder, if prior to Closing any material portion of the Property is taken by eminent domain, Seller shall give Buyer prompt written notice of any such taking and Buyer may terminate this Agreement by delivering notice thereof to Seller not later than three (3) business days following Buyer's receipt of Seller's notice (and Closing shall. be extended by such period). If Buyer does not so terminate this Agreement, Buyer and Seller shall proceed to Closing pursuant to the terms of this Agreement without reduction to the Purchase Price; provided, however, that Seller at Closing shall assign and turn over to Buyer any awards received by Seller with respect to such taking. 15. Tax-Free Exchange. Buyer may acquire or Seller may sell the Property through atax-free exchange under IRC Section 1031. In connection therewith, each party hereto agrees to execute such documents as are reasonably necessary or appropriate and to otherwise cooperate with the other to effectuate such exchange; provided, however, that the other party and its representatives shall have a reasonable opportunity to review such documents prior to Closing and shall bear no liability or expense for such exchange. Each party hereto hereby indemnifies and holds the other free and harmless from any liability (including but not limited to the tax ramification to the other of such tax-free exchange) arising by reason of performing the acts required hereby to effectuate such exchange, except insofar as any such liability is attributable to the failure of the other to perform as required hereunder. No party hereto shall be required 'to take title or otherwise assume any liability with respect to any property to be exchanged with the Property. 16. Representation Confirmation. Seller hereby represents and warrants that it has not engaged the services of any real estate agent, broker or firm. in connection with the Property. 17. Notices. All notices, requests, demands, and other communications (collectively, "Notices") hereunder shall be in writing and delivered to the parties hereto by (a) hand-delivery, (b) established express delivery service that maintains delivery records, (c) certified or registered U.S. mail, postage prepaid, return receipt requested, or (d) facsimile or other electronic means at Purchase and Sale Agreement P. 10 the following addresses, or at such other address as the parties hereto may designate pursuant to this Section. Seller: Dick and Glenda Richards 3335 N. Cooper Lane Meridian, Idaho 83646 Fax: Email: B. u„yer: Heartland Homes, L,L.C. /or assigns 2358 S. Titanium Place Meridian, Idaho 83642 Fax: 208/895-0714 Email: dave@trilogyidaho.com 18. Survival Except as otherwise expressly provided herein, the provisions of this Agreement and the representations, warranties, and the indemnity agreements set forth herein shall not survive any termination of this Agreement or Closing and shall merge into any deed delivered and accepted upon Closing. 19. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors-in-interest and assigns of each party hereto. 20. Severability. if any term or provision of this Agreement or the application of it to any person or circumstance shall, to any extent, be invalid or unenforceable; the remainder of this Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected. thereby; and, each term and provision of this Agreement shall be valid and shall be enforced to the' extent permitted by law. 21. Waiver. The failure of a party hereto to insist upon strict performance of any of the terms set forth herein shall not be deemed a waiver of any rights or remedies that the party may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the terms contained herein by the same or any other party. 22. Attorne sue' Fees. If a party hereto commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing party in such action shall ,have the right to recover reasonable attorneys' fees and costs from the other party to be fixed by the court in the same action. 23. Entire A Bement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior understandings, agreements, representations, and warranties, if any, with respect to such subject matter. 24. Amendment. This Agreement may only be amended and modified by a writing executed by Buyer and Seller. Purchase and Sale Agreement P. 11 25. Governing Law. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 26. Interpretation. Whenever the context so requires, all words used in the singulaz shall be construed to have been used in the plural (and vice versa), each gender shall be construed to include any other genders, and the word "person" shall be construed to include a natural person, a corporation, a firm, a partnership, a joint venture, a trust, an estate, or any other entity. This Agreement shall be interpreted and construed only by the contents hereof, and there shall be no presumption or standard of construction in favor of or against either~Selaer or Buyer. The words "herein," "hereof," "hereunder," and other similar compounds of the word "here" when used in this Agreement shall refer to the entire Agreement and not to any parkiculaz provision or section. 27. Headings. The headings of the various paragraphs of this Agreement have been inserted only for convenience, and shall not be deemed in any manner to modify or limit any of the provisions of this Agreement or be used in any manner in the interpretation of this Agreement. 28. Time is of Essence. Time is expressly made of the essence of all the provisions of this Agreement. 29. Dates of Performance. Whenever a date for an action required to be performed.or any period of time set forth. in this Agreement ends on a Saturday, Sunday, qr federal holiday, then such :date shall be extended to the following business day. 30. Further Assurances. Each party hereto shall execute all instrtunents and documents and take gal actions as may be reasonably required to effectuate this Agreement. 31. Counter_„parts. This Agreement may be executed in any number oaf counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile or other electronic means shall be equally as effective as delivery of a manually executed original counterpart of this Agreement. 32. Authority. The officers or agents signing this Agreement on behalf of Buyer and Seller, respectively, each warrant that he or she is authorized to execute this Agreement on behalf of Buyer and Seller, respectively. 33. Joint and Several Obli ations. In the event any party hereto is composed of more than one person, the obligations of such parties shall be joint and several. 34.. No Third Party Beneficiar~Rights. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party benefici ri is in an not a party hereto unless otherwise expressly provided herein. ~ ~ Y person Purchase and Sale Agreement P. 12 35. Assigr~ent. Buyer may assign its rights and obligations under this Agreement to any other party with notice to Seller. Upon issuance of notice of Assi' further rights or obligations with res ect to the Pro a gnment, Buyer shall have no P p rty or this Agreement. OFFER DURATIQN: This Agreement must be accepted by Seller on or before 3:00 p.m. (Mountain Time), November 2, 201.2, or at Buyer's option will become null and void. THE SUBMISSION OF THIS AGREEMENT FOR EXA1kIINATION OR ITS NEGOTIATION OR THE NEGOTIATION OF THE TRANSACTION DESCRIBED HEREIN DOES NOT CONSTITUTE AN OFFER TO PURCHASE OR SELL AND THE EXECUTION OF THIS AGREEMENT BY SELLER OR BUYER DOES NOT CONSTITUTE A BINDING CONTRACT UNTIL SUCH TIME AS THIS AGREEMENT HAS BEEN SIGNED BY BOTH BUYER AND SELLER AND DELIVERED TO BOTH BUYER AND SELLER. FOR PURPOSES OF THIS PARAGRAPH "DELIVERY" OR "DELIVERED" MAY INCLUDE ELECTRONIC DELIVERY OF THE AGREEMENT BY EMAIL OR FACSIMILE TRANSMISSION. Tltii WITNESS WHEREQF, the parties hereto have caused this Agreement to be executed and made effective as of the Effective Date. SELLER: Dick B. Richards Date: , 2012 Glenda F. Richards Date: , 2012 BUYER: Homes, ~.L.C. /or assigns A`bal~de, Sr., Manager N a4 , 2012 Purchase and Sale Agreement P. 13 ~S. , $~'~ ~Y $~- its i~$~1t+~ O~ICrC18 t~trc3cr this A~eema~. 1u arry C perry with nee to ~,'. ~~~ t~ a ~~ Aes~g $1 s~t~all +4 no finrt~ rights car ag~dai~ms w~t}a ~ t~ ~ ~;jr or tlds. +~c. ~~~ D ~tT71~N; ~ ~~ mrtmt be ~ try ~ ~ sir h~tor+e 3:tN! p.t~. {M~ntsi~ ~~ l~imr~~r ~ ~ ~t y+~~ ~~~~ ~ #~m~r n~ ~n~ mid. ~~~It~N t)F' ~ AGr,~ ~QR F.~`AA'~"It~+Y UR IT8 ~~i L~O~ fii~€ Ct7~'~~ QTR TC~ ~A ~ :~'~'~E G[.PI'I~1~i U~' AGREI~!'~' QR $~J'YBR ! ~ ~'' 1~'t?"~'~.~, II~1'G '£RAL."I''~iTl'L ~3ITC '~ A81+iT H 8~I ~ ~' ~ ~~~ ~ Alm 1)E~'iV~~tt1 " ~f(3~`~ BIB ~ P ~'~ PA~l~$~ ~1~ U~t "~~~ ''!~ ~l~ ~~ "~'~1P" ` ' A~ tom" BY ~ O~ FA~C~,~'~'~Ar~t~T. FI~'RVITI~B3S ',p~, ~ ~~tO have mined thi$ ~ be ~cd and ~ rya a; ~tbe 8~ T~eba. Ste: ~~; fae ~"-- Ua~: i~,,,~„ 2012 GIB ~. RCS j D /-~ !- ,2022 ~y"""'~"'A7 ~~~~~~~ ~tYl2 ~ ~ro ~ es~4~ ~- is re#`~'~ rt,.ed ~~ "~-ile..rs. 4.~ ,~- P4,adwtss abd Sac Ag~rsernmit P. l3 EXHIBIT A PROPERTY EXHIBIT B SELLER'S RETAINED PARCEL EXHIBIT C STRIP PARCEL EXHIBIT D SELLER DOCUMENTS 1. Existing title policy and underlying documents, if any. 2. An ALTA plat or survey of the Property, if any 3. Current ad valorem tax bills and property tax statements. 4. Governmental permits or zoning restrictions affecting the development of the Property, if any. Purchase and Sale Agreement P. 14 AdaCounty adacan «. Exhibit A Page i of I http://www.adacandata.com/mapguide2009/mapvieweraiax/printablenaee.nhn4SF,SSTnN=ht~u~~~Q_~~Qnnn nn,,...n_ AdaCounty adacan EXfllblt B Page 1 of 1 httpa/www.adacandata.com/mapguide2009/mapviewerajax/priRtablenaee.nhn?SESSTnN=hl2tt~~~x_~e~eRnnn_nnio,.o., in~~ni~n~~ ~o(~q-t~ ., AdaCounry . ~, Page 1 of l l~ ~~ ~~ http://www.adacandata.com/mapguide2009/mapviewerajax/printablepaQe.nhn?SESSION=b128d77R-t~'ff_fARFStnnr~nmP,.o~ ,ni~onn,~ ede~a^ Exhibit C r. 10-29-2012 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made by and between SaEewood Development Corporation, an Idaho corporation ("Seller") and Heartland Homes, L.L.C., an Idaho limited liability company, or assigns ("Buyer"). 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: 1.1 "Pro a "means collectively: (a) that certain real property located in the County of Ada, State of Idaho, which is described on Exhibit A; and (b) all tangible and intangible personal property exclusively associated with the real property described on Exhibit A and improvements thereon, including without limitation, warranties, guazanties, and other assurances of performance, governmental licenses, permits, and approvals, water rights, and irrigation rights of any kind, including without limitation stock in an irrigation company or district. 1.2 "Closing Agent" means TitleOne Corporation, 1101 W. River Street, Boise, Idaho 83702; Telephone No. (208) 424-8511; Facsimile No. (208) 424-0049; Attention: Scott Darling (sdazling@TitleOneCorp.com). 1.3 "Closing" means such time as Closing Agent is in receipt of all Seller's Closing Deliveries (as defined in Section 9.1 below) and Buyer's Closing Deliveries (as defined in Section 9:2 below) and is able to and does comply with Seller's and Buyer's Closing instructions. 1.4 "Effective Date" means the first date on which this Agreement has been signed by both Buyer and Seller. 2. Purchase and Sale• Certain Conditions• Termination. 2.1 Purchase and Sale. In consideration of the covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which aze hereby acknowledged, Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer all of Seller's interest in the Property on the terms and conditions set forth in this Agreement. Buyer is not assuming any liabilities associated with the Property except as expressly set forth herein. 2.2 Certain Conditions. (a) Buyer shall complete a survey at Buyer's sole cost and expense to establish the metes and bounds description of the Property. Seller agrees to cooperate with the survey. If Seller refuses to cooperate with the survey, then Seller shall be responsible for the cost of the survey. Buyer may thereafter terminate this Purchase and Sale Agreement P. 1 Agreement, shall not be obligated to proceed to Closing and shall be entitled to a refund of all Earnest Money. 2.3 Termination. At any time prior to expiration of the Initial Due Diligence Period, Buyer may elect for any reason to terminate this Agreement and not proceed with purchase of any portion of the Property, and receive a refund of the Initial Earnest Money. Buyer may elect to terminate this Agreement and not proceed with purchase of the Property prior to expiration of a Secondary Due Diligence Period and receive a refund of the Additional Earnest Money. If Buyer does not issue written notice of acceptance prior to expiration of either the Initial Due Diligence Period or the Secondary Due Diligence Period, then Buyer shall be deemed to have rejected the Property and Buyer shall be entitled to the refund of applicable Earnest Money. If Buyer issues written notice of intent to proceed prior to expiration of the Secondary Due Diligence Period, and subsequently elects to not proceed to Closing, other than as a result of a failure of a Buyer's Condition to Close, then Buyer shall not be entitled to a refund of the Earnest Money. Seller's sole remedy for Buyer terminating this Agreement after expiration of the Secondary Due Diligence Period for any reason other than failure of a Buyer's Condition to Close set forth herein, shall be Seller's retention of the Earnest Money. In the event of termination of this Agreement, Seller shall be entitled to all third party information received by Buyer with respect to the Property during the Due Diligence Period. 3. Purchase Price; Earnest Monev. 3.1 Purchase Price. The purchase price for the Property is Three Hundred Sizty Nine Thousand One Hundred Fifty Dollars ($369,150) ("Purchase Price"), which shall be paid in cash or other immediately available funds at Closing. Purchase price to be adjusted according to actual surveyed acreage purchased as determined by a Professional Land Surveyor, at Fifty Three Thousand Five Hundred Dollars ($53,500) per acre. 3.2 Earnest Monev. Buyer shall deposit Five Thousand Dollars ($5,000) ("Initial Earnest Money"), with the Closing Agent within two (2) business days following the Effective Date. If Buyer issues written notice of intent to proceed prior to the Initial Due Diligence Period, then the Initial Earnest Money shall be nonrefundable, other than in the event this Agreement is terminated by Buyer due to the failure of a condition to Closing set forth herein. If Buyer issues written notice of intent to proceed prior to the Initial Due Diligence Period, then Buyer shall simultaneously deposit Forty Five Thousand Dollars ($45,000) ("Additional Earnest Money") with the Closing Agent. The Additional Earnest Money shall be nonrefundable other than in the event this Agreement is terminated by Buyer due to the failure of a Buyer's Condition to Close set forth herein. The Initial Earnest Money and the Additional Earnest Money shall collectively be referred to herein as the "Earnest Money." The Earnest Money shall be applied against the Purchase Price. No Earnest Money shall be released by the Closing Agent until either Closing or termination of this Agreement by Buyer. 4. Title Matters. 4.1 Commitment. On or before three (3) business days following the Effective Date, Seller shall request Closing Agent to prepare a title commitment ("Commitment") for an ALTA Purchase and Sale Agreement P. 2 standard owner's coverage title policy with respect to the Property with an effective date of the Commitment not earlier than the Effective Date of this Agreement, insuring fee simple title in the Property in Buyer in the face amount of the Purchase Price, with legible copies of Seller's vesting deed and all exceptions to title identified in the Commitment. 4.2 Objection Notice. (a) On or before five (5) business days following receipt of the Commitment, Buyer shall notify Seller in writing of any title matters disclosed in a Commitment to which Buyer objects in its reasonable discretion ("Buyer's Objection Notice"). On or before five (5) business days following the date of Seller's receipt of Buyer's Objection Notice, Seller may notify Buyer in writing whether Seller will cure any of the title matters objected to by Buyer in Buyer's Objection Notice ("Seller's Cure Notice"). If Seller notifies Buyer in writing that Seller will cure any of the title matters objected to in Buyer's Objection Notice, Seller shall cure such title matters on or before the Closing and the cure of such title matters shall become a Buyer's Condition to Close (as defined in Section 6.2 below). If Seller notifies Buyer in writing that Seller will not cure any of the title matters objected to in Buyer's Objection Notice, Buyer shall notify Seller in writing ("Buyer's Acceptance/Rejection Notice") whether it accepts or rejects such title matters on or before three (3) business days following the date of receipt of Seller's Cure Notice. If Buyer's Acceptance/Rejection Notice accepts any of the title matters objected to in Buyer's Objection Notice that Seller will not cure, Buyer's objections to such title matters shall be waived. If Buyer's Acceptance/Rejection Notice rejects any of the title matters objected to by Buyer that Seller will not cure, this Agreement shall terminate on the date of Seller's receipt of such notice. (b) If Buyer does not timely provide Buyer's Objection Notice, Buyer shall be deemed to have waived any objection to title matters under this Section 4. If Seller does not timely provide Seller's Cure Notice to Buyer, Seller shall be deemed to have notified Buyer that it will not cure the title matters objected to by Buyer. If Buyer does not timely provide Buyer's Acceptance/Rejection Notice, Buyer shall be deemed to have accepted all title matters objected to in Buyer's Objection Notice that Seller will not cure. 5. Due Diligence; Closing Notice. 5.1 Due Diligence Review. (a) Buyer shall have twenty (20) days from the Effective Date (commencing the day after the Effective Date) to conduct its initial due diligence with respect to the Property ("Initial Due Diligence Period"). Seller shall deliver the items set forth on Exhibit B attached hereto, that are in Seller's possession within three (3) business days of the Effective Date. (b) If Buyer issues a written notice of intent to proceed to Seller prior to 5 p.m. (Mountain Time) on the last day of the Initial Due Diligence and Buyer timely deposits the Additional Earnest Money, Buyer shall have an additional forty (40) days from the last day of the Initial Due Diligence Period (commencing the day after the last day of the Initial Due Diligence Feriod) to conduct additional due diligence with respect to the Property ("Secondary Due Purchase and Sale Agreement P. 3 Diligence Period"). If Buyer issues a written notice of intent to proceed to Seller prior to 5 p.m. (Mountain Time) on the last day of the Secondary Due Diligence, then the parties shall proceed to Closing as provided in Section 6. Buyer and Buyer's agents shall have access to the Property during the Due Diligence Periods and thereafter until Closing or the termination of this Agreement. 6. Closing. 6.1 Seller's Conditions to Close. The conditions precedent to Closing ("Seller's Conditions to Close") set forth in this Section 6.1 must each be fully satisfied or waived in writing by Seller in its sole discretion before Seller is obligated to sell the Property. Seller's Conditions to Close are for Seller's sole benefit and may be waived only by Seller. All of Seller's Conditions to Close must be satisfied as of Closing and any eazlier date as provided in this Section 6.1; provided, however, that if any of Seller's Conditions to Close aze unsatisfied on the date of Closing or such eazlier date, Seller may waive such remaining Seller's Condition to Close in writing and proceed to Closing. Notwithstanding any other provision hereunder, if any of Seller's Conditions to Close are not satisfied as of Closing or any earlier date provided in this Section 6.1 and if Seller does not waive such unsatisfied Seller's Condition to Close in writing, this Agreement shall terminate. Seller's Conditions to Close are as follows: (a) Closing Agent has received the Purchase Price (including Earnest Money Deposits) and fully-executed originals of all Buyer's Closing Deliveries on the date of Closing; and (b) Buyer's representations and warranties set forth herein aze true and accurate in every material respect. 6.2 Bu ery 's Conditions to Close. The conditions precedent to Closing ("Buyer's Conditions to Close") set forth in this Section 6.2 must each be fully satisfied or waived in writing by Buyer in its sole discretion before Buyer is obligated to purchase the Property. Buyer's Conditions to Close aze for Buyer's sole benefit and may be waived only by Buyer. All of Buyer's Conditions to Close must be satisfied as of Closing and any earlier date as provided in this Section 6.2; provided, however, that if any of Buyer's Conditions to Close aze unsatisfied on the date of Closing or such earlier date, Buyer may waive such remaining Buyer's Condition to Close in writing and proceed to Closing. Notwithstanding any other provision hereunder, if any of Buyer's Conditions to Close are not satisfied as of Closing or any eazlier date provided in this Section 6.2 and Buyer does not waive such unsatisfied Buyer's Condition to Close in writing, this Agreement shall terminate. Buyer's Conditions to Close are as follows: (a) Closing Agent has received fully-executed originals of all Seller's Closing Deliveries on the date of Closing; (b) Seller's representations and warranties set forth herein aze true and accurate in every material respect; (c) The conditions set forth in Sections 2.2(c) and (d) have been satisfied; and Purchase and Sale Agreement P. 4 (d) The Closing Agent is prepared to issue to Buyer an owner's policy of title insurance consistent with the Commitment ("Title Policy"), subject to all title matters accepted by Buyer pursuant to Section 4. 6.3 Date of Closing. Except as otherwise provided hereunder, the date of Closing shall be a date mutually agreeable to Buyer and Seller that is not later than Monday, April 1, 2013. 7. Prorations. At or prior to Closing, Seller shall pay in full all real estate taxes and assessments for the Property due and payable as of the date of Closing. Real estate taxes and installments of assessments for the Property due and payable for the year of a Closing shall be prorated as of the date of Closing, computed on the basis of the last available tax rate and valuation as shown on the tax duplicate. No adjustment to such proration shall be made after Closing. 8. Closin Costs. At Closing, in addition to the proration which the parties hereto have agreed herein, the parties shall pay the following costs: 8.1 Seller's Closing Costs. Seller shall pay: (a) '/2 of Closing Agent's fee; (b) the premium for the standard coverage portion of the Title Policy; (c) '/z of recording fees; (d) any excise, transfer, sales, use or similar taxes resulting from the conveyance of the Property, or any portion thereof; (e) real estate commissions and finder's fees Seller has agreed to pay herein; and (fj Seller's legal counsel fees. 8.2 Buyer's Closing.,Costs. Buyer shall pay: (a) '/2 of Closing Agent's fee; (b) '/2 of recording fees; (c) Buyer's legal counsel fees; (b) the cost of any survey obtained by Buyer; Purchase and Sale Agreement P. 5 (c) any additional premium for extended coverage or endorsements to the Title Policy; and (d) no real estate commissions and finder's fees. 8.3 Other Closing Costs. Any other costs associated with a Closing not specifically provided for herein shall be divided between Seller and Buyer in accordance with local custom and practice in the county in which the Property is located. 9. Closing Deliveries. 9.1 Seller's Closing_Deliveries. On or before the date of Closing, Seller shall deposit with Closing Agent Seller's executed originals of the following documents ("Seller's Closing Deliveries") conforming to the terms and conditions of this Agreement: (a) a duly acknowledged and recordable warranty deed ("Warranty Deed"); (b) a duly executed affidavit of Seller stating that Seller is not a "foreign person" under the Foreign Investment in Real Property Tax Act of 1980; and (c) Seller's Closing instructions, if any. 9.2 Bum s Closing`Deliveries. On or before the. date of Closing, Buyer shall deposit with Closing Agent the following ("Buyer's Closing Deliveries") conforming to the terms and conditions of this Agreement: (a) the Purchase Price pursuant to Section 3 above, with credit for the Earnest Money; and (b) Buyer's Closing instructions, if any. 10. Conduct Pending Closing. From the Effective Date until the termination of this Agreement or Closing, Seller shall not enter into any agreements affecting the Property or change the physical or legal nature or status of the Property without Buyer's prior consent thereto. 11. Default. 11.1 Seller's Default. (a) ~ Notwithstanding any provision otherwise provided in this Agreement to the contrary, upon Seller's uncured default or breach of any terms or conditions hereunder prior to Closing, Buyer may do either of the following as its sole remedy: (i) terminate its obligation to further perform under this Agreement by delivering notice thereof to Seller; or (ii) force Seller to consummate the transaction contemplated herein by commencing legal action for specific performance of Seller's obligations under this Agreement. Purchase and Sale Agreement P. 6 (b) As a condition precedent to the effective exercise of Buyer's option to terminate its obligation to further perform hereunder or take other action pursuant to this Section 11.1, Buyer shall give Seller notice of the alleged default or breach of Seller. Seller shall have a period of five (5) business days following receipt of such notice to cure the alleged default or breach to Buyer's reasonable satisfaction, and to thereby cure the default or breach. 11.2 Buyer's Default. (a) Notwithstanding any provision in this Agreement to the contrary, if the sale and purchase of the Property contemplated by this Agreement is not consummated because of the Buyer's uncured breach or default of any terms or conditions hereunder, Seller as its sole and exclusive remedy may terminate this Agreement by delivering notice thereof to Buyer and direct the Closing Agent to disburse the Earnest Money. (b) As a condition precedent to the effective exercise of Seller's option to terminate this Agreement or take other action pursuant to this Section 11.2, Seller shall give Buyer written notice of the alleged default or breach of Buyer. Buyer shall have a period of five (5) business days following receipt of such notice to cure the alleged default or breach to Seller's reasonable satisfaction, and to thereby cure the default or breach. 11.3 Post-Closing, Breach or Default. In the event of a default or breach following Closing, nothing herein shall limit the non-breaching party from pursuing all remedies available under law and equity against the breaching party. 12. Seller's Representations. Seller hereby represents to Buyer as follows, and Seller agrees to indemnify, defend, and hold Buyer harmless from and against, and to reimburse Buyer with respect to any and all claims, demands, causes of action, actual damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs but not including any punitive, special or consequential damages) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by Buyer at any time and from time to time by reason of or arising out of the breach of any of the Seller warranties. If a breach of the Seller warranties occurs prior to Closing, including but not limited to any of Seller warranties being untrue as of the Closing Date, such breach shall constitute a material default of Seller. 12.1 Organization. Seller is validly organized and is in good standing under the laws of its state of organization. 12.2 Authori .This Agreement constitutes the legal, valid, and binding obligation of Seller, enforceable against Seller in accordance with its respective terms. Seller has full power and has been duly authorized to execute and deliver this Agreement and to perform and carry out all covenants and obligations to be performed and carried out by Seller hereunder. There are no actions, suits, proceedings, or investigations pending or threatened against Seller which question the validity or enforceability of the transaction contemplated herein. None of the execution, delivery, or performance of this Agreement by Seller, the consummation by Seller of the transaction contemplated hereby, or the fulfillment of or compliance with the terms and Purchase and Sale Agreement P. 7 conditions of this Agreement (a) requires the consent, waiver, approval, license, or authorization of any person or public authority; (b) violates its governing organizational documents or any judgment, order, writ, injunction, or decree, statute, or regulation applicable to Seller; or (c) results in a breach of or default under, with or without the giving of notice or the passage of time or both, any mortgage, trust deed, license, indenture, or any other agreement or instrument to which Seller is a party. 12.3 Actions. Seller is not aware of any pending or threatened actions which would in any way interfere with or prohibit any or all of the Sellers from entering into this Agreement or consummating the sale of the Property on the terms set forth in this Agreement. 12.4 Parties in Possession. There are no parties in possession, or with a right of possession, of the Property, and there are no other agreements or contracts, whether written or oral, for the lease, mortgage or purchase of the Property or any portion thereof except as disclosed in the Commitment. 12.5 Taxes. Seller has not received any notice and does not have any knowledge of any taxes, assessments or special taxes encumbering the Property or any portion thereof, except general property taxes not yet due and payable. 12.6 Encumbrances. Except as set forth in the Commitment, or elsewhere in this Agreement, there are no liens, easements, encroachments, boundary disputes or other matters affecting the Property. 12.7 Condemnation. Seller has no knowledge of any pending or threatened condemnation or similar proceeding affecting the Property or any part thereof. 12.8 Violations. Seller has not received written notice from any governmental authority that the Property is not in compliance with all applicable laws, except for such failures to comply, if any, which have been remedied. 12.9 Hazardous Materials. Seller has not used at the Property or placed under, on or about the Property, and Seller has no knowledge that any prior owner, occupant or third party has used or placed under on or about the Property any Hazardous Materials in violation of Environmental Laws. The term "Hazardous Materials" shall mean (a) petroleum and underground storage tanks, (b) any hazardous or toxic substance, material or waste that is regulated by any governmental authority, including without limitation any material or substance that is designated, defined or regulated as a "hazardous substance", "hazardous material" or "hazardous waste" under any provision of Environmental Law, or (c) any substance, material or waste determined by federal, state or local governmental authority to be capable of posing a risk of injury to health, safety or property. The term "Environmental Law" shall mean all federal, state or local laws related to the storage, disposal, release and remediation of Hazardous Materials. Purchase and Sale Agreement P. 8 12.10 Wetlands. Seller has no knowledge of any areas within the Property that would be governed by Section 404 of the Clean Water Act or any other federal, state or local law relative to wetlands. 13. Bu,, ergpresentations. Buyer hereby represents to Seller, as follows: 13.1 Organization. Buyer is validly organized and is in good standing under the laws of its state of organization. 13.2 Authori .This Agreement constitutes the legal, valid, and binding obligation of Buyer, enforceable against Buyer in accordance with its respective terms. Buyer has full power and has been duly authorized to execute and deliver this Agreement and to perform and carry out all covenants and obligations to be performed and carried out by Buyer hereunder. There are no actions, suits, proceedings, or investigations pending or threatened against Buyer which question the validity or enforceability of the transaction contemplated herein. None of the execution, delivery, or performance of this Agreement by Buyer, the consummation by Buyer of the transaction contemplated hereby, or the fulfillment of or compliance with the terms and conditions of this Agreement (a) requires the consent, waiver, approval, license, or authorization of any person or public authority; (b) violates its governing organizational documents or any judgment, order, writ, injunction, or decree statute, or regulation applicable to Buyer; (c) results in a breach of or default under, with or without the giving of notice or the passage of time or both, any mortgage, trust deed, license, indenture, or any other agreement or instrument to which Buyer is a party. 14. Condemnation. Notwithstanding any other provision hereunder, if prior to Closing any material portion of the Property is taken by eminent domain, Seller shall give Buyer prompt written notice of any such taking and Buyer may terminate this Agreement by delivering notice thereof to Seller not later than three (3) business days following Buyer's receipt of Seller's notice (and Closing shall be extended by such period). If Buyer does not so terminate this Agreement, Buyer and Seller shall proceed to Closing pursuant to the terms of this Agreement without reduction to the Purchase Price; provided, however, that Seller at Closing shall assign and turn over to Buyer any awards received by Seller with respect to such taking. 15. Tax-Free Exchange. Buyer may acquire or Seller may sell the Property through atax-free exchange under IRC Section 1031. In connection therewith, each party hereto agrees to execute such documents as are reasonably necessary or appropriate and to otherwise cooperate with the other to effectuate such exchange; provided, however, that the other party and its representatives shall have a reasonable opportunity to review such documents prior to Closing and shall bear no liability or expense for such exchange. Each party hereto hereby indemnifies and holds the other free and harmless from any liability (including but not limited to the tax ramification to the other of such tax-free exchange) arising by reason of performing the acts required hereby to effectuate such exchange, except insofar as any such liability is attributable to the failure of the other to perform as required hereunder. No party hereto shall be required to take title or otherwise assume any liability with respect to any property to be exchanged with the Property. 16. Representation Confirmation. Seller hereby represents and warrants that it has not Purchase and Sale Agreement P. 9 engaged the services of any real estate agent, broker or firm in connection with the Property. 17. Notices. All notices, requests, demands, and other communications (collectively, "Notices") hereunder shall be in writing and delivered to the parties hereto by (a) hand-delivery, (b) established express delivery service that maintains delivery records, (c) certified or registered U.S. mail, postage prepaid, return receipt requested, or (d) facsimile or other electronic means at the following addresses, or at such other address as the parties hereto may designate pursuant to this Section. Seller: Sagewood Development Corporation Lisa Ann Wanner 1056 Shearwater Lane Eagle, Idaho 83616 Fax: Email: Buyer: Heartland Homes, L.L.C. /or assigns 2358 S. Titanium Place Meridian, Idaho 83642 Fax: 208/895-0714 Email: dave@trilogyidaho.com 1$. Survival. Except as otherwise expressly provided herein, the provisions of this Agreement and the representations, warranties, and the indemnity agreements set forth herein shall :not survive any termination of this Agreement or Closing and shall merge into any deed delivered and accepted upon Closing. 19. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors-in-interest and assigns of each party hereto. 20. Severability. If any term or provision of this Agreement or the application of it to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby; and, each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 21. Waiver. The failure of a party hereto to insist upon strict performance of any of the terms set forth herein shall not be deemed a waiver of any rights or remedies that the party may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the terms contained herein by the same or any other party. 22. Attorneys' Fees. If a party hereto commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other party to be fixed by the court in the same action. Purchase and Sale Agreement P. 10 23. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior understandings, agreements, representations, and warranties, if any, with respect to such subject matter. 24. Amendment. This Agreement may only be amended and modified by a writing executed by Buyer and Seller. 25. Governing Law. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 26. Interpretation. Whenever the context so requires, all words used in the singulaz shall be construed to have been used in the plural (and vice versa), each gender shall be construed to include any other genders, and the word "person" shall be construed to include a natural person, a corporation, a firm, a partnership, a joint venture, a trust, an estate, or any other entity. This Agreement shall be interpreted and construed only by the contents hereof, and there shall be no presumption or standard of construction in favor of or against either Seller or Buyer. The words "herein," "hereof," "hereunder," and other similaz compounds of the word "here" when used in this Agreement shall refer to the entire Agreement and not to any particulaz provision or section. 27. Headings. The headings of the various paragraphs of this Agreement have been inserted only for convenience, and shall not be deemed in any manner to modify or limit any of the provisions of this Agreement or be used in any manner in the interpretation of this Agreement. 2$. Time is of Essence. Time is expressly made of the essence of all the provisions of this Agreement. 29. Dates of Performance. Whenever a date for an action required to be performed or any period of time set forth in this Agreement ends on a Saturday, Sunday, or federal holiday, then such date shall be extended to the following business day. 30. Further Assurances. Each party hereto shall execute all instruments and documents and take all actions as may be .reasonably required to effectuate this Agreement. 31. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile or other electronic means shall be equally as effective as delivery of a manually executed original counterpart of this Agreement. 32. Authori .The officers or agents signing this Agreement on behalf of Buyer and Seller, respectively, each warrant that he or she is authorized to execute this Agreement on behalf of Buyer and Seller, respectively. 33. Joint and Several Obli atg ions. In the event any party hereto is composed of more than one person, the obligations of such parties shall be joint and several. Purchase and Sale Agreement P. 11 34. No Third Party Beneficiary R ts. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto unless otherwise expressly provided herein. 35. Assignment. Buyer may assign its rights and obligations under this Agreement to any other party with notice to Seller. Upon issuance of notice of Assignment, Buyer shall have no further rights or obligations with respect to the Property or this Agreement. OFFER DURATION: This Agreement must be accepted by Seller on or before 3:00 p.m. (Mountain Time), November 1, 2012, or at Buyer's option will become null and void. THE SUBMISSION OF THIS AGREEMENT FOR EXAMINATION OR ITS NEGOTIATION OR THE NEGOTIATION OF THE TRANSACTION DESCRIBED HEREIN DOES NOT CONSTITUTE AN OFFER TO PURCHASE OR SELL AND THE EXECUTION OF THIS AGREEMENT BY SELLER OR BUYER DOES NOT CONSTITUTE A BINDING CONTRACT UNTIL SUCH TIME AS THIS AGREEMENT HAS BEEN SIGNED BY BOTH BUYER AND SELLER AND DELIVERED TO BOTH BUYER AND SELLER FOR PURPOSES OF THIS PARAGRAPH ~~DELIVERY" OR "DELIVERED" MAY INCLUDE ELECTRONIC DELIVERY OF THE AGREEMENT BY EMAIL OR FACSIMILE TRANSMISSION. IN WITNESS,WI-IEREOF, the parties hereto have caused this Agreement to be executed and made effective as of the Effective Date. SELLER: Sagewood Development Corporation By: Lisa Ann Wanner, President Date: , 2012 BUYER: C. /or assigns John A~aude, Sr., Manager Date: Icy/?~ .2012 Purchase and Sale Agreement P. 12 1i/01l24f2 11.36 F1tX tfl2 388 $.367 ~.tl1.~fN ND66fi BUS. CiR ~lov O3 2tils 5s ~QRM IiP i.P1SE~lJET EAlS ~Q8-9$8-~~88 ~ 002/002 pace 13 ~* ~~~~~~~~r~7t~ti ~t a p~tpr xmTas ~ mcprex~y ~'~, 3S. #~ ~i~a ~ a~ o~a~ ~d4t 111~It ~~ ~- ~ atl~ gr~r ~ 3~2~ a~c~a a~ o!' ~4~inf, 1 hsas ao tlar~rar ~ ar ~~~ a ~e 1~13~.~.,A ~ ' ~W'~' ~t'~ ~ ~ ~' m~ cur Mks ;SAO p.~. ~o~u~Arh~'~, Nor„ ~~,, ar ~Hap~"~ s~tlert ~l i~oiaa ~t ~l ~roid. W ~8 +~, ~e ~ ie~e ~ # to bo wed ^nd xm~e ~ ~'~ivr .4BLt~R: ~ HU": ~~ Tapm~aeMti°° Ip~ r~ ~ r _ _ . , ~.~ ~~.~.~z EXHIBIT A PROPERTY Purchase and Sale Agreement P. 13 ,_ • .. ;, I,i-~S~u~vf~n~rc,lKC. 921 Sotitlt~~t~s Road Boise,~adabo 83705-1840 September 22, 2003 Phone: (208j 344-3650 ' Legal Description !or Dak E. and Kathy A. Cooper Record o! SnrvCy Mo. S Parcel Z A parcel of land beings portion of tht West 1/2 of the East 1I2 of the Southwest 1/4 of Secti~ 36, Township.4.AIoRh, Rsnge 1 West, ~Boi~.Mcriidian; Ada County, Idaho; nwre particularly described as fottows: Beginning at an Aluminum Cap madding the Section Corner conomon m Sections 35 and 36, T. 4 N., R i W., B.M. and Sections l .and 2, T. 3 N., R 1 W., B.M.; • thence, .along the section tine common to Sections 36 and 1, also being tha centeclias of~W. Ustick Road, 3 88°44'00" E 1995:63 fact to a point marking the Southeast Corner. of the West In of the . East 112 of the.Southwest 114 of said Section 36, from which as Iron Pia marking the 1/4 Comm common to said Sections 36 and 1 bears S 8844'.00" E ~665.SS feet distant; ~ thence,~~la~v~g~said~secdion~iine~and g the east bonadary line of the West.iR.of the East 12 of the Southwest 114 of said Section 36, N 0°23'27" E 913.06 fat to an Iron Pin being the REAL POINT OF BEGINNING; . . tba~oe,:leavigg said.cast~boundacy line, S 89°49'22" W 666.34 feet to an Iron Pin on.the anat.. 1/16 section liae~of said Section 36; thezxx, along the west 1/16 section line of said.Sedion 36, N 0°20'14" E 469.71 feet to as iron Pin; thenoe,.leaving:the west Iif i6 seaion:litre of said Section 36, S 86°ST08" E 6.67.47 feet to:ap- Iron Pia on the east boundary line of the West 1/2 of the East 1R of the Southwest 114 of said-.Se~ion 36; . thence: aiong~said east bounclary~line, S 0°23'27" W 432.16 feet to the READ POINT OF . BEGINNING; _ said parxi c~niains b.90 acres, more or less; said pac~xl'is subject to a 25 foot wide access e~sement~along the easterly 25.00 feet of the herein • described parceY{see Inattv~agt bTo.:9029968, t~aao=ds of Ada County, idaho). .. said pared is oct'w any easements of rocoYd• oar is use. ,. . .. : -~ .. _ ........ ..i..~_ ~ _ ., -• - n- • 9 yI- x~~~ ~ ~ n 4~ r p~ ~~~ w~~ u • =1= ~S' P ~ ~ ~ °3 ~ ^_' I ~' '~u _ ,_ _ _ _ _ _ ~ CINDER ROAD _ N 00' 13' 45" E - -I 2637.37' - - _.__ __._ r - - - ~ N $ -e~ ~~ : s ; ~ rn D o+ g r ~ ~ 1 4~y ' ~ ~ ~~~ ~ e .s~ ~ ~ 4 ~ " A 26 ~ + 4 Iv ~ I I ? ~ ~-- : ~ --- S 00' 20' 14" W 2647.66'--- ~„ `N~ ~ -_~ I~"- °~ ~ I Y ' 4 Y I C • • 8 -~ I y N W I', N w -est t/+8 5^e6on Cin^ -_ f ' ~ _ _ 4 " a a § • I I"r ~ 1090 A A ~~ ~ 898.28 ! 469.71' ! _ 207.0+' `~ ~ I ~ I f, _ _ _ 1074.66' '3' I ~ O I ~ ~ I , `\ S~ ~ 4 I N •m VI =~ s N (n p. F ~^j ~x-i i •~~ x N OD'~YC ~6C.W n p ~'S~ C ~I~~ $~ O~CbIA Y ~ l10 (O f\~, IZ I~ / 1~1 ~~ xI~ s~ C S rnA ~, va .. ~ Gt ~ E { ~ I// ~ N DIu JN~ ^~ lAN ? p V VIs ~ 6 ~ 6I I~ sa 8~ >: IV ~ j No o kpe a '^1 3 ~ g C t~ ^ 9~°G Riii- b_ i I ~ N&~ / u ~ m c ~ ~ 4 I~ ~~e ~~ £ I s l .• ~ ! ~! 432.16' e2s.3+' 9:3:06• 3 ~ r $ /! 482.27' ,'~! 1 / ' ~• '~N. ~ p e ~ !.cord of Surn2 No. 6965 _~ ~. ~ Y ~ a- ~~•: w ••~-- N;-x ~~ --- N 00' 23' 27" E 2652.80'--- ~ R --~ ' ~% pS rn ss = ~v_ ppCC ~8 U n a "+N~ ~\ M~4 °~s3 ru .g =~s 8 ~ s ' s I I ~ 32 II$ a r~r~~rr..r:rrr~ r ~ I ~" •4N-O~OOw1.O~Vt N+ ~ ~ N NN NNNNN~N'N2NeN NN ~ I I ."'. x ~ O O® B Z u~S,Sn°-ov'~a9mi,Qi~~q m~+ f = g a n .. o ~~ tmjl ,--207.Oi'-~ =~SNtF~~`5,'ou.4ey § m ~ 3 ~ ~s s ~ 9~\S °\S ~ 1111002 ~ N •• u+"oa'~ ~vl;o~mo ~n r"1.+" ~ ti 3 ~' s .°. I' n , • FZFE~^FFFFFFFFF W f. ~~ ~ '~ v S s r ^ C ~+ Zi 172.01' c m S o a a. Ly g g o (~1 // _ _ 8 ~ i .~ / Yii V OA V4~W ~V."~IPO a ~ " J. S '.r J:~v N~NN N4U~4O4 '~ •' 3 ^ $ ! 3 Y y® o S ~ ~ k ~ sA 9 R y ut '" ~ S iO D _! z o• O }f, N^° N o i N~ iA +o ~ ~' 2 8 ~ ~ g ~ 2 ~ `` f ' D 2 gs 9 S S Y °e '~{ +^ .". ~ a~~~~ I:R "~~ e. ~+ 'o~ Ry ~,o ~ S z~g$s "_° ~° gg 0 '' ~ ~e Z T O p 4 N - Q~$~ c>' $a'~~ gg~~g:i';g ~~:~304{ ~y~soYQ ~3 ~ II~ o fD 4~X;f-yam x i~~a. ~_y~,Q;z~~°~ ~~~~~~g~~=Y~~~~g~ ~ t~ ~ O o.g €~ m ~ 'a°;SP° 6e 'si ~N+.s~.. z ~8as~? ~~= ~'"_~ °s~ ~°ali;q4 ~-gaasga-'P v Zoe ~ 9.~g9~$ O YO '~S N! 3G• uS .+Y ~ RO^ JSIr ]i~ rNl= ~ r3Q ~~a• g~: wS~ 1~+~~Y~Q.K ~' ~ ~- F Y ~/~ qSq~§;~~ G ~y urgayas~: ~w~44~~_iYxaaPPP-i Eqq;d p ~~3~+iii f7C.~..~.. Vrt Sn~~sq f'*1 ~~ 3~s$~SR o-~9;~0~0 'o~~E~11 ' OHO\a ~+ O ~j43 ~S; .-O ~itl qy S~.S xx! ~ a~o ~-o .'~.. g~~S. ei~ f~ w.[ SAG 1"~ ~e'SSR- 9° Po::S3o' $..,; se ;rod3~ iC G O~ C r~ 3 O~~ O NS B'O'O. Of3 ~-~' 0~~~ 6t 'A O. A a ~~R4 g'~o t°~:~3~ 'ii o~x~v~ o~~ ~~i~ pC~ q ni$' ~3n 0_$ ~ ii ~'~-3'rs~a S ~ g t ;; ~... v EXHIBIT B SELLER DOCUMENTS 1. Existing title policy and underlying documents, if any. 2. An ALTA plat or survey of the Property, if any 3. Current ad valorem tax bills and property tax statements. 4. Governmental permits or zoning restrictions affecting the development of the Property, if any. 5. Leases in effect, if any. Purchase and Sale Agreement P. 14 ., EI~iIBIT B SELLER DOCUMENTS 1. Existing title policy and underlying documents, if any. 2. An ALTA plat or survey of the Property, if any 3. Current ad valorem tax bills and property tax statements. 4. Governmental permits or zoning restrictions affecting the development of the Property, if any. 5. Leases in effect, if any. Purchase and Sale Agreement P. 14 File Number: 12215252 ALTA Commitment (6117106) TitleOne Corporation Authorized Agent for: Westcor Land Title Insurance Company ~1~1~{~Iltr a ti7tr ~ e~r«w etx SCHEDULE A 1. Effective Date: November 9, 2012 at 07:30 AM 2. Policy or Policies to be issued: X ALTA Owners Policy (6117106) Standard Coverage Policy Amount: Proposed Insured: Premium: Heartland Homes, LLC, an Idaho limited liability company Endorsements: None Requested Charge: 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 is at the effective date hereof vested in: Dick B. Richards and Glenda F. Richards, husband and wife 5. The land referred to in this Commitment is described as follows: See Attached Schedule C TitleOne Corporation By: Jack Owsley, Authorized Signatory $410,000.00 $1,452.50 $0.00 1 File Number: 12215252 SCHEDULE B-I Requirements The following are to be complied with: ALTA Commitment (6117106) 1. The Company will require delivery of and approval by the Company of an Indemnity and Affidavit as to Debts, Liens and Possession, prior to the issuance of the policy. 2. Necessary conveyance to the proposed insured. 3. NOTE: According to the available records, the purported address of said land is: 3335 North Cooper Lane, Meridian, ID 83646 File Number: 12215252 SCHEDULE B-II Exceptions From Coverage ALTA Commitment (6117106) Note: The Policy (or Policies) may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request the Company will provide will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. Any policy we issue will have the following Exceptions unless they are taken care of to our satisfaction. Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not 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 materials 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. 7. Taxes, including any assessments collected therewith, for the year 2012 which are due and payable, but not delinquent. Parcel Number: S0436346710 Code Area: 242 Original Amount: $2,110.78 8. Special assessments, if any, for unincorporated Ada County (208-287-6800). 9. The land described herein is located within the boundaries of Boise City (208-384.3735) and is subject to any assessments levied thereby. 10. Liens, levies and assessment of any and all irrigation districts, including but not limited to Nampa-Meridian Irrigation District (208-466- 7861)and is subject to any assessments levied thereby. 11. The land described herein is located within the boundaries of Settlers Irrigation District (208.344.2471) and. is subject to any assessments levied thereby. 12. Right of way for ditches, tunnels, telephone, and distribution lines constructed by authority of the United States, as granted to the United States under the provisions of Section 58.604 Idaho Code. 13. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 6931 recorded June 8, 2005 as Instrument No. 105073795. 14. A Deed of Trust to secure an indebtedness in the amount shown below and any other obligations secured thereby: Amount: $408,000.00 Trustor/Grantor: Dick Richards and Glenda Richards, husband and wife Trustee: TitleOne Corporation Beneficiary: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Silver State Financial Services, Inc. dlbla Silver State Mortgage Dated: October 24, 2006 File Number: 12215252 Recorded: October 31, 2006 Instrument No.: 106172291 ALTA Commitment (6117106) The beneficial interest under said Deed of Trust was assigned of record to BAC Home Loans Servicing LP, FKA Countrywide Home Loans Servicing LP, for the benefit of Deutsche Bank National Trust Company, as Trustee for GSAA Home Equity Trust 2005-8, by an assignment recorded July 20, 2011, as Instrument No. 111057909. 15. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 8824 recorded August 9, 2010 as Instrument No. 110073309. 16. Any loss, damage or claim resulting from the existing Gravel Road not being within the physical boundaries of the Access Easement created by Warranty Deed recorded June 6,1990 as Instrument No. 9029968, of official records. (End of Exceptions) File Number: 12215252 SCHEDULE C Legal Description: ALTA Commitment (6117106) A parcel of land being a portion of the West Half of the East Half of the Southwest Quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. Commencing at a found brass cap marking the Southwest corner of said Section 36; thence South 88°44'00" East coincident with the South line of said Section 36, a distance of 1996.68 feet to the Southeast corner of said West Half of the East Half of the Southwest Quarter of Section 36; thence North 0°23'29" East coincident with the East line of said West Half of the East half of the Southwest Quarter of Section 36, a distance of 141.63 feet to a found 112 inch rebarlcap PLS 5292 marking the Northeast corner of ROS No. 6931, Ada County Records, and the Point of Beginning; thence North 67°09'36" West, 129.84 feet to the centerline of a drain ditch as shown on said ROS No. 6931; thence North 71°02'19" West coincident with said centerline of drain ditch, 75.67 feet; thence North 66°37'06" West coincident with said centerline of drain ditch 55.79 feet; thence North 51°24'02" West coincident with said centerline of drain ditch, 66.02 feet; thence North 47°26'41" West coincident with said centerline of drain ditch, 78.17 feet; thence North 38°29'05" West coincident with said centerline of drain ditch, 31.20 feet; thence North 72°42'55" West coincident with said centerline of drain ditch, 123.96 feet; thence North 71°14'14" West coincident with said centerline of drain ditch, 117.61 feet; thence North 69°15'45" West coincident with said centerline of drain ditch, 67.35 feet to a found 112 inch rebarlno capon the West line of said West Half of the East Half of the Southwest Quarter of Section 36, marking the Northwest corner of said ROS No. 6931; thence North 0°20'19" East coincident with said West line of the West Half of the East Half of the Southwest Quarter of Section 36, a distance of 455.25 feet to a found 112 inch rebarlcap PLS 946, marking the Southwest corner of ROS No. 6280, Ada County Records; thence North 89°49'24" East, 666.34 feet to a found 112 inch rebarlcap PLS 946 on said East line of the West Half of the East Half of the Southwest Quarter of Section 36, marking the Southeast corner of ROS No. 6280, Ada County Records; thence South 0°23'29" West coincident with said East line of the West Half of the East Half of the Southwest Quarter of Section 36, a distance of 771.43 feet to the Point of Beginning. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO} ss COUNTY OF ADA} I, .~ d~r, Ar ~u~t,,tr S ~'' a-3 S~ 5 T ~ ~'q `y u m ~ ~ a G~ (name) (address) (city) {state) being first duly sworn upon oath, depose and say: 1. That I am under contract to purchase the property described on the attached, and I grant my permission to: ~ c o fF ~or; uu U~ a 3 toy R«(~ wa-, 30:~ ~y ~3 ~ ~ `'1 (name] ~r (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership ofthe property which is the subject of the application. 3. !hereby grant permission to City of Meridian staff to enterthe subject property for the purpose of site inspections related to processing said application(s) Type of application: Dated this lam' SUBSCRIBED AND SWORN to before 'a,, ~a~~ G~B~~~ 4 ~p~pR~, - ~r~w !'U81•~G O. '••:~rE ai" ~~ .,, . .,,,.. . ce m ~c ~ . zoiz. day and year first above written. ~~ Notary Pub icfor Idaho ~D Residing at ~j 0 } 5,(, gl~ 1 ~~ I ~ My Commission Expires: RDA COUNTY RECORDER J. DAVID NAYARRO AMOUNT 9.00 3 _ ~ BOISE IDAHO 05!'(6106 02:28 PM ff f! ,~ -- • DEPUTY PattiThompsan ~,I (~`+l~~~I~lllfllllf~lll~l~tl~lltll ACCOMMODATION RECORDED-REQUEST OF 10687691 Pioneer ~A~~~a WARRANTY DEED FOR VALUE RECEIVED, DALE E. COOPER and~THLEEN A. COOPER, husband and wife, the Grantors, do hereby grant, bargain sell and convey unt1~SAGEWOOD DE EIrOP ~N,T~C~ORPRATION~ the Grantee, whose currant address is 2752 S. Goshen Way, A~ ~ ~ti~~=~+c~ ~~l/ (/~ Boise, Idaho, the following described premises, in Ada County, Idaho, TO WIT: EXI{IBIT µA" ATTACHED HERETO TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantors} do(es) hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises;. that they are free from all encumbrances EXCEPT: Subject to aIl existing patent.reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes, assessments, including irrigation and utility easements (if any) for the current yeaz, which are not due and payable, and that Grantor(s) wil warrant and defend the same from all lawful claims whatsoever_ Dated: ~ 07 ~gPX.I~^".~-ti Q~ DALE E. COOPER KATHLEEN A. COOPER State of Idaho ) S.S. County of Ada On ,~ day of in the 20 6 before me ~ personally appeared fdvfd to me on the basis of satisfactory evidence to be the person(s) whose names} is(are) subscribed o the within instrwnent, and actanowledged that he(shexthey) executed the s e. N ry Public My Commission Expires on ~/~-' 7` ~l~ . c :00nr~ and ~<ZY P U D~'~C ~O SATE ~f~0 3 ~: ,..:. ., t: ~! -- ~^ ~N~3 ~URVfY1NG, I NC. 921 ~ Sottl~ ~urti`s Road Boise;~.~~da~o 83705-1840 Phone: (248 344-3b5Q September 22, 2003 ' Legal Description €or Dale E. and Kathy A. Cooper ' Record o€Survey No. 2 ` Parcel 2 ! ~ parcel of lead being s portion of t&t West 1/2 of the East 1%2 of the Southwest I/4 of Section 3.6, Township ~4'.North, Range 1 West, ~Baise.Meridian; Ada County, Idaho; more particularly, described as follows: Begii-ning at an Aluminum Gap marking the Section Corner common to Sections 35 and 36, T. 4 N., R 1 W., B.IVI. and Sections 1 and Z, T. 3 N., R 1 W., B.M.; . thence, alcm~~ the section Line common to Sections 36 and 1, also being the centerline of W. Ustick Rand, S 88°44'00" E 199f:6S feet to a point marking the Southeast Comer. of the West 1R of the East 1 /2 of the .Sauthwest 114 of said Section 36, from which an Iron Pin meriting the I /4 Comer common to said Sectioins 36 and 1 bears S 88°44'.04" E 465.55 feet distant; thence,~leaving said-section Iine~and along theeast boundary. line of the West.ln.of the East IR of the SouthW~est 1/4 of said Section 36, N 0°23'27" E 913.46 feet to an Iron Pin being the REAL ', POINT OF BEGII3NING; . tla+noe,:leavifrg said.east boiutdary line, S 89°49'22" W 666.34 feet to an Iron Pia on.the vrestR.. 1 J16 section line of said Section 35; ~ ~ . thence, aiang the west 1/16 section line of said.Section 36, N 0°20'14" E 469.71 fed to an hon- Pin; . thence,.lea~ing:tb~ vvtst 1116 section:litre of said Section 35, S 86°ST48" E 6G7.47 feet.to:-ua- Iran Pia on the east bourtdarq line of the West 1/2 of the East 1/2 ofthe Southwest 1/4 of said-Section 36• ,~ /~. . ~ thence: along: said sass boundary~iine, S 0°23'27" W 432.16 feet to the REAL POIlVT OF~ _ BEGINNING;x, sai ~ . .wu.. ... ri~ .. .- _r.._ ..,_ ... ... ..1~_ _.. .-_.__.. .._ . °''"~r aw' ,,.~~. I~ '~r ~~7` I a i~ i ~~. {{ Y f YI .. _.. _.._ .. ~' ~' 'f P I _ ''_'_ .H nas_ - ___ ~~ ~ '- C ~~ °< f _.. DAV'~Y' t1F' LSGA,L. T4REST $7A1'G q~ Q 7t~'tX ~, n 1Nrt~n~ _ a ~ iat~ats) <l ~~t s EMtia$ first +dt-ly sr~+aortt t~tpA, ot, tdtspiastr ~-nd' ~e~. ~. '1"1taR 1 tt~ t~ t`C+COit'd pwttef a/ th! p~oQeAy 1~4Ct1L~ oti i~ ~ ~tttgt tt4y W: ~"r~i t ~ „~ rye. s3'tJ~ ~,~ -'' c~ to sub~ttit dns tpanyina e~rptication(s) ~setr do tit PfioP'e~y. ~. 1 t~,trec to ~eannify. defiCt~ti gad now rho !City ;ai'tN+xeeirn art! iSS eanplortr:a lMtrs ftvtn tray c~ o- Gm4ili~y nxu[tin~ Ft~+ ar-y; dtsput'c as to the staoornrrus caa~+aed hertia at m to t!~ uwc-enchip o! tha propctry whgch is ~ tt<~blca of ti-c t~ppl+eatioa. 3. t hcrcbp ~prant pyatmiuion ~ City qt Mntidian xlatl' t4 cr-ttt the ptOp~sRY ~' Mft putpufa at'sltr itt~p~tgliptss tclxttd tp Pt~ccsst+t~ {ttid ~licuiat~is~. 1~rod ~ .,~ ~d~4Y CK~l3tiD AN{) SY-+OitJ51 ~ btefotm ~e~ ~~~,~tiytittttirtt,r~rr~~i~ -- iNd Public ftx tilt) ,`'0~~~ ~.. ~~~~`~,''~. fdiu~, ~. ~~--~ i ~ ~,i,~QTA~' y''~ = M C'oYnan~SS,Yan F,.zpirer. aI~•E~l~lr L w', p'U~3l.~G : it ." a ., ~~~.. .... •••~,~~~4,' '~~'t?F'10~' .~ ~~~rni,iitt~~~`'~~~. Annual Report for C 139146 Page 1 of 1 No. C 139146 Due no later than May 31, 2012 2. Registered Agent and Address Annual Report Form (NO Po Box) Return to: LISA ANN WANNER SECRETARY OF STATE 1. Mailing Address: Correct in this box if needed. 1056 SHEARWATER LANE 700 WEST JEFFERSON SAGEWOOD DEVELOPMENT CORPORATION EAGLE ID 83616-5584 PO BOX 83720 LISA ANN WANNER BOISE, ID 83720-0080 1 056 SHEARWATER LANE EAGLE ID 83616-5584 3. New Registered Agent Signature:* NO FILING FEE IF USA RECEIVED BY DUE DATE 4. Corporations: Enter Names and Business Addresses of President, Secretary, and Directors. Treasurer (optional). Office Held Name Street or PO Address City State Country Postal Code PRESIDENT LISA ANN _ __ WANNER 1056 SHEARWATER LANE EAGLE ID USA 83616-5584 5. Organized Under the Laws of: 6. Annual Report must be signed.* Ip Signature: Lisa A. Wanner Date: 05/07/2012 C 139146 Name (type or print): Lisa A. Wanner Title: President Processed 05/07/2012 * Electronically provided signatures are accepted as original signatures. http://www.sos.Idaho.gov/servlet/TransformXMLDoc?URL=%SC20120507%SCXMLPO... 1 /31 /2013 CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Project/Subdivision Name: l l s-h c.K. ~i C.~arcjs Pr ~pe r-ty Date: ! l ' ZS- ~- Applicant(s)/Contact(s): ~o-t-t -Jor,y~~; ~ laraw~ u~~-~~,~ar City Staff: So,•,ya , P~.+e 1 Bruce ~, Location: 335 N- Cco ~ ~^ Comprehensive Plan Future Land Use Map Designation: MAR. ~ M~J-~ w~ne~gtiborl, ize of Property: 1cQ- ~~ Design Guidelines Development Context: Ge" ' o1ei'~0`y Proposed Use: SFR cvo -qD ~~~+~ Proposed Zoning: R$ Existing Use: c~ Existing Zoning: P.~T ~ ~ soda- c--+-v Surrounding Uses: Street Buffer(s) and/or Land Use ffer(s): \ ice, ~~ n npr,r ) Open Space/Amenities/Pathways: a. section cf thA. G-ty's m~ I+~-u~ ~-t~w0.y ~,-osses -t-ti~s s~-Fe, Access/Stub Streets/Street System: ~ d e ~sfi ~ 5~+6 S~~tS Sewer & Water Service: Topography/HydrologylFloodplain Issues: rr ~ Canals/Ditches/Irrigation/Hazards: t1,e r ~- cis,, fie, eF err; A-f;s,. ~I~-~ttties sr -f~ S~+P ti-I- nee -Iv be. i History: ,~,~ Additional Meeting Notes: Yr e~e~e~ d peg b l i c. 5-1v b S'hr~ef5 i n-tt~ Sl t~ ', ovo/~ ci...2 s-tv b -}o .asei-f } ex ~ 5-hl~`9 i~ PIOC. -{~2. ~ fT'i g0..`I16~ ~1't'C{~4 ~ -Y~r UIX. ~ I-~.aP1" b J tc M b IS'~'1~^0. ~SYV`p Or 11'lG{ rZ- \~~ sub mi i- ~.,~ plan c~r~.end hn-er~.~r a-~D I; ca-fi s~ prior -fo ~~ - 1-) ~ Other Agencies/Departments to Contact: ^ Ada County Highway District ^ Nampa Meridian Irrigation District ^ Public Works Department ^ Idaho Transportation Department ^ Settlers Irrigation District ^ Building Department ^ Sanitary Services Company ^ Police Department ^ Parks Department ^ Central District Health Department ^ Fire Department ^ Other. Application(s) Required: ^ Administrative Design Review ^ Conditional Use Permit ModificationlTransfer ^ Rezone ^ Alternative Compliance ^ Development Agreement Modification ^ Short Plat Annexation ^ Final Plat ^ Time Extension -Council ^ City Council Review ^ Final Plat Modification ^ UDC Text Amendment ® Comprehensive Plan Amendment -Map ^ Planned Unit Development ^ Vacation ^ Comprehensive Plan Amendment -Text Preliminary Plat ^ Variance ^ Conditional Use Permit ~ Private Street d~ ~[~ Other Pn~perty~ ~ ndan, +~a.~-t- Notes: 1) Applicants are required fo hold a neighborhood meeting in accord with UDC 11-5A-5C prior fo submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four (4) months. E a ~~ ~. w •^• J J ~`' 7 N 7 O~ L ~~ N ~ ~, d ~ O r ~U M U N ~ ~ Y 'DNmQ r /^BEN (0~ ~r ~ Q ` L •~ O a 3 ~a~ `~ Y,U ~ f0.>'Y L ~a~'iz°v C~ O= N c°n~in~ Z : . . V w ^ Q O = " ~ V) Ii N F - to X L a-~ v a, L 0 V Q~ OA N L O N C 0 m U .Q d a~ C v a vt a n t1 U ai vi v N 7 N L C "S' V ~ ~ ~ ~a ~~ ~~~Y L ~ U Q L 1 ~N~~ O N ~ ~ N'~-p ~ ~ ~ o~LL~ L V +~.~ U Y~a~ ~~~' Z N ~ N LJ.J ~ ~ ~ ~ ''U^^ 12N ~ Vl / .~ 1i Vl H Vf a~ v v c O a~i N -~ G m A C O to Q~ N O N v c O 7 m v .~ a~ v .~ a- L N Y C c~ H o . o ~ Q V C N '- -i ~ O a~-+ N ~_ t a-+ ~ ~ ~ s-I N v v v ~ ~ .3 c ca o ~ ao ~ c o •~ m O .v v Q Q Q ~ Q .C ~ ~ ~ U 'a .L] ~ ~ ~ N .a +~ N ~ N U f0 -~ i-~ ~ N ~ ~ C c Q O ~ ~--I c(O .C G .~+ ~ a Q Q~ V ~ O Q to O ` ,~, O OU y C ~ .~ ,~ rho '-' O ~ bj ~ ~ U N ~ L ~ N o *' N o E '~ Q~ ~ ~ co .~ trA O ~ ~ v a~ cv +J C ~ O an v .~ v m c t v +' 3 ~ v ~_ C H- p o ~ G t~/f O ~ ~ ~ . a C lL v ~ c Q 0 N Q1C C G o ~ c~ +-' ~ a x Q a ~ ~ a Q U 1 1 1 C .~ Q ~ ~ W N~ ~C N 'y = ~ L r ~ ,~,~/+ . p ZN c ~~ ^ ~ V N V ~ v H .-1 N L 0 c ~ 'v ~ o fp ~ ~C O =aa ~~ E ~ ~ ~~ `~' oom ~ N ~ 3 N ~ OL ~n +-+ ~ n. 0 ~ ~ ~ f0 ~ LL f0 s.. L ~~a~ Y ~ ~Y ~~ ~~ N ~L ~ = O W cvz~ o a~ cn ~ u t'' £~N., o C ~ ~ Vl Fes- Vf ~n v 3 a .~ 41 A ~+ C 0 U C10 c a _~ V C N Q) w- 0 x .~ N O v ~ C +, -O ~ C ~ ~ o 0 J ~ G.L N N 4J ~ M ++ ~ ~ N a, `~ o ~ o +r m .c ~ O ~ UA c c '~ O O N C ~ ~ ~ u_ ~ ~. Q ~ o. ~ ~ ++ O ~ L ~ v 41 ~ v ~ ~ ~ ~ O L ~ c ~ ~ - O OA ~, t c ~ 3 3 ~ o O L U ~ ,~ c ~ C ~ fC OJ vi C .c ar ~w ~ c°n v 3 0 c v vCC, ~ G h Q ~ .= c ~ O ~ :c ~ c, E L ~ a~ H ~ ~ 3 0 c N L d1 t _~ c~II n N t N N v v 0 d-+ v ~ ~; ~ Y fp c ~ ? to c ~ ~ ~ L ~ ~ ~ Y 3 on a, ~ c cw co ~ v ~ c a " L if of t 0 c L ~ O ~ ~ N ~ Ld ~ i O ~ ~ N ~ ~ ~ U G1 OO,p ~ ~ ~ ~ ~ ~ a c ~ O o Q > ~ a, . .~ ° o 3 a, o Z ~ ~ ~ 00 LA . \ Y c ~ t ~ Gl W + Q + ~ N C N ~ ~ ~ ~ O Q C ~ ~3 L ~ ~ ~ c-~ov ~ ~ a ~ ~ o ~ Y ~ o ~- o c ~ ~ Q L H N Y . O O ~ v - 3 ~ z ~ 3 U fC ~+ 7 ~ X ~ O O + T ~ +~ N ~ ~ ~ _ 3 N c > ~ ~+ OD p ~ C O C ni O a. ~ O E p ° . O ao v o 0 3 o~ c ,~ ~ o c .fO o c ~ L H N H L O N U ~ +~+ ~ 3 N O O t O O Q c to O. ~ ~ N f0 H ~ ~ ~Vf Vf L f6 U C fp p v O N a~0+ > ~+ N ~ ~ ~ ~ ~ ~ ~ L ~ ~ ~ U ~ ~ ~ v c 0 o vi ~ n, in ai O ~ U }, O m N Y O.t ~O ~Y Q ~~ ~ L V1 ~ 3 N C O pp N01 :O M LL O 7 ~,d O ++ -p -p N m L `"~ V ~ c0 f0 ~ ~ ,--i O X L GJ N L C m N O O O Q ~ GJ O ~ t p G ~ t O N ~ N L ~' ~# O N p 3~ 3 F- d y e aj o~~ a a L ~ o ~ ~ E ~~?~ -oa ~ ~ 3 3 '-' ~ N ~ a CJ OJ N t n H O ~„~ N O ;C D .= v O O cp N ~ ~~i~ ~ ~'O Q j ~ U L f0 41 ~ o' f0 f0 GJ ~ c ~ ,on~v c ~ v, t.~ ~ ~ "' ~ °' o O ~ .a ~ o 3 Q O in~~' ~ c ~' Y ~ oY ~° ~ ~ a i ~j ~o a, 3 E . y f° ~ ~ '^ ra C C .~ c O v ~ f0 'O r~+ V V o t a H~ v ~i fH f v i a N December 5, 2012 Sage Creek Subdivision Sign In Sheet Name Address L<'V~u ~~~V~~ ~l of V~'• VCP~EI~~A(1`F'~ S~; 1'~~letl~rAj~( ~~ B~~~f~ ~~~~~~N~ MA(~[~,~f~E'',NT November 29, 2012 llear Neighbor; ~ „~„a ~ ` ~ a Please accept this invitation to attend a neighborhood meeting to review vur progress on the Sage Creek Subdivision application located at 3335 N Cooper LN Meridian, ID. At this meeting a representative will be available to provide neighbors with answers to their questions regarding this proposal. For those interested, please join us at 5:30 p.m. on Wednesday, December 5, 2012 on site (see location map below). Please note that this is not a public hearing, and City officials will not be present. The purpose of this meeting is to provide neighboring property owners the opportunity to ask questions regarding the application prior to formal submittal to the City. A public hearing will be noticed to the neighboring property owners by the City at a future date. We look forward to seeing you there. Sincerely, Mostlns L.oaatlona Scott Noriyuki Tho intgrsoatlon oT scotf@northsidemgt.com Woodpln~ ~ Budcston~ StrNts U IN m D ,~ ~ j a ;: O U ~, ,. iTICK ~~~--+-~-{~~~~~ U TICK z USTICK ~ K`. -~~ !P\ I I 11 1 1 1 1 1 1 /7C MTA N[7f V97FED BY . ' 0 0 0 C7 D r m ~, m m o° ~ .. rn 0 rn b 0 0 0 0 ~° W O O 1 O O r.. f~ ~.i.~ n~ 7~.~ /~• V ~ Sonya Watters _ From: Scott Noriyuki <scott@northsidemgt.com> Sent: Wednesday, February 06, 2013 12:39 PM To: Sonya Watters Subject: FW: Woodburn Subdivision No. 2 Name Reservation Apologies for the delay -see string of emails showing my diligence. Regardless, here it is and thank you for your patients Scott Noriyuki. (208) 230-1202 scott@northsidemgt.com From: Jerry Hastings [mailto:jhastings@adaweb.net] Sent: Wednesday, February 06, 2013 9:37 AM To: Scott Noriyuki Subject: Woodburn Subdivision No. 2 Name Reservation February 6, 2013 Scott Noriyuki Northside Management RE: Subdivision Name Reservation: "Woodburn Subdivision No. 2" Dear Scott, At your request, I will reserve the name "Woodburn Subdivision No. 2" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. To use the same subdivision name, it must have the same owner as the original subdivision plat or get a signed and recorded permission to use the name from the original subdivision owner. This reservation is available for the next ten (10) years unless the project is terminated by the client or the jurisdiction or the conditions of approval have not been met. In which case the name can be re-used by someone else. Sincerely, Jerry Hastings, P.L.S. County Surveyor Ada County, Idaho COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-SA-SD, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-SA-5. ..,~, ~,, ~ ____._._._. _ _..._.___._. ~ L _._.___- Applicant/a nt signature ._"~`"~°° -~ Date 7106 TRAI"1=1C IMPACT STUDIES 7106.1 TIS Purpose and General Requirements Traffic Impact Studies {T#S} are intended to determine the need far any improvements to the adjacent and nearby transportation system in order to maintain a satisfactory level of service, an acceptable level of safety and the appropriate access provisions for a proposed develapment_ ~tTE`, Transportation Impact Analyses for Site Development. Traffic Impact. Studies are generally required when: A proposed development or redevelopment of a site will generate 100 ar more new peak hour trips; OR The added volume is equal to 1.000 vehicles per day; OR As required in Table 1 below. (The values in Table 1 are a general guide to determine if a TIS will be required.} Table 1: Approximate TIS Trigger Values .~~ Land Use T pe . ,,::__._W,..a,a.,..., . _ Land Use Cade Tri er Vatue Residential ~ 210, 220., 230, 270 _ ,__~. 100 Dwelling Units I Retail _ ~_~_ 814, 815, 820 __ _ 35,000 square feet { Offiee 710, 714, 715, 750,_770 50,000_square feet Industrial 110, 120, 130, 140 70,000 s uare feet Lodging _____.__ ~ 310, 312, 320 100 rooms School K-12 All 7106.1.1 initial Meeting It is recommended that the applicant of a proposed development that may require a TIS, review the project with District staff before submitting the development application to the lead land use agency. The initial meeting may need to include staff from the lead land use agency. COMPASS, and the Idaho Transportation Department, (if ITD roadways will be impacted}, and other agencies as appropriate. The District will review the requirements for the TIS with the applicant and set the general parameters for the study. It is recommended that the applicant submit the TIS directly to the District prior to the submittal of a development application to the lead land use agency. {Submitting the TIS before the development application will allow time far the TIS review which will help to expedite approval of the development application.} !f the ~~sstlmptians in the TIS da not rnatcta tare cievelopntertt ~~pplicafion, the TIS may need to he revised. It will be determined at the Initial Meeting which agencies and/or parties shall continue to be involved in the review of the TIS. 7106.1.2 Preparer Qualifications The TIS shall be prepared by a professional engineer registered in the State of Idaho. All work shall be stamped and signed. The applicant is responsible for hiring the engineer to perform the TIS. 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N N ~~O V ' _ ~' ° ~ c m ) ~ C u )~ 2H ` ~ ~ ~' O '~ O u O '~ N ~ -~ Vl p ~ w d W N o N ~ E ~ ' ~ ~, E ~' ' a T ~ ` ~Z y y~Q C T -a C ~ W r°-' N N ~ .~ D Y L. w 3 °°oo y - V O ~ r1O~ m a v ~ ~ ~ N ~ .~ C U M o .p ~ ~ ~ ~ ~ ~ R ~ ~ OO @C..~ Q @ ~ ,~ ~ ~ ~ ~ o ~ ~ a ~~ p y G iA F (A l7 N F N v . :F fA to Q a a Q ~ -- I L Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 5, 2012 121 Chad S. Kinkela, PE CK Engineering, PC 860 Headwaters Drive Eagle, Idaho 83616 Re: Geotechnical Recommendation Report Richards Property 3335 North Cooper Lane Meridian, Idaho 83642 Dear Sirs: As per your authorization, on November 27, 2012 this consultant supervised the excavation of five test pits on the referenced project. Test pits were logged and soil samples were gathered by this engineer. Soil samples have been submitted to the laboratory for testing. Our complete geotechnical recommendation report follows. Based upon observed conditions and the assumed design information, the site is acceptable from a geotechnical perspective for the proposed residential development. The entire report is to be reviewed and utilized by design personnel. The construction and civil engineering recommendations presented within are to be incorporated into the project plans and specifications and adhered to during design and construction. Design and construction recommendations concerning foundations, concrete slabs and pavements, earthwork, structural fill, compaction requirements, storm water disposal and other concerns are provided. This report has been prepared for the indicated client and project. This client, the property owner, and other design consultants working on this specific property and this specific project are allowed to utilize this report. Usage and duplication authorization can be granted to other parties but must be requested in writing and must be authorized by the owner and client and this consultant. We appreciate this opportunity to be of service and we look forward to working with you during the design and construction of this project. Should you have any questions or require additional information, please contact our office at your convenience. Resp ~ ~ d; ,~~ ~. ~t ~r Bob A Geotec ~ Itant Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 biarnold,peC~msn.com December 15, 2012 Page 2 of 22 121108001.doc TABLE OF CONTENTS INTRODUCTION ....................................................................................................3 Purpose and Scope ................................................................................................3 Authorization ........................................................................................................... 3 Warranty and Limitations ........................................................................................ 3 BACKGROUND & RESEARCH ............................................................................4 General ................................................................................................................... 4 Field Investigation ...................................................................................................4 Laboratory Testing ..................................................................................................4 Observed Conditions ..............................................................................................5 CONSTRUCTION RECOMMENDATIONS ............................................................. 6 Foundation System ................................................................................................. 6 Foundation Excavation ........................................................................................... 6 Site Seismic Info ..................................................................................................... 6 Structural Fill ........................................................................................................... 7 Excavations ............................................................................................................ 7 Storm Water Control ............................................................................................... 8 Slab on Grade Concrete ......................................................................................... 8 Flexible Pavement Section ..................................................................................... 9 General Comments ................................................................................................10 APPENDIX .............................................................................................................11 Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 bJarno INTRODUCTION Purpose and Scope This report presents the results of a geotechnical investigation and resulting recommendations for the Richards Property located north of Ustick Road and west of Cooper Lane. The purpose of this investigation was to evaluate the subsurface soil conditions and provide recommendations for building foundations and civil construction. The field investigation included subsurface exploration by means of a track mounted excavator operated by SC Construction of Eagle, Idaho. Soil samples were gathered and the depth to groundwater and free draining soils recorded by our project engineer. Selected soil samples were submitted to soil laboratories for testing. After the field investigation and laboratory testing was completed, all available field and laboratory test data was reviewed, the assumed design information was evaluated, and this report was prepared. This report summarizes our findings, conclusions, and recommendations regarding the geotechnical aspects of the project. Authorization E-mail authorization to proceed with this geotechnical investigation was received from the client, Mr. Chad Kinkela on November 19, 2012. Authorization to proceed and the use of the recommendations provided herein indicate the client's acceptance of the scope of work, warranty, limitations and general conditions provided herein and within the submitted and approved proposal. Warranty and Limitations The exploration and evaluation of subsurface conditions documented herein is considered sufficient to form a basis for the provided recommendations. The provided recommendations are based on the available soil information and preliminary design details either assumed or furnished by the client. It is warranted that these recommendations have been promulgated after being prepared in accordance with locally accepted professional engineering and geotechnical engineering practice. No other warranties are implied or expressed. Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 bjarnoldpeC~msn.com December 15, 2012 Page 4 of 22 121108001.doc BACKGROUND & RESEARCH General As authorized by the client, this consultant observed the excavation of five test pits on the subject property, located on the north side of Ustick Road and west side of Cooper Lane in Meridian, Idaho. The property was identified on the Ada County Assessors website as parcel numbers SO436346655 and SO436346710. It is understood that the southeast corner will be out parceled and remain the property of the former owner. The client also provided an address of 3335 North Cooper Lane in Meridian, Idaho. Cooper Lane is a private driveway that will provide access to the existing residence (out parcel) after development. Current design plans indicate that the subject property will be accessed from existing sub streets to the north and east. Approximately 65-70 residential lots and ACHD right of ways are planned for the subject property. Field Investigation At the time of our field investigation the surface was firm and stable allowing total access with excavation equipment. Five test pits were advanced to depths of up to 12.0 feet below the existing ground surface. During excavation, samples were recovered from the spoil piles as excavation was advanced. These samples were sealed in plastic bags, labeled, and returned to the soil laboratories for evaluation and analysis. In all locations, deeper excavation was not possible due to sloughing soils caused by excavation below the groundwater elevation. Laboratory Testing In the laboratory, sieve analysis (ASTM Test Method C136-93), Moisture Content (ASTM Test Method 2216-92) and Liquid Limit, Plastic Limit and Plasticity Index (ASTM Test Method D 4318-93) testing were performed on selected samples. An R-Value ITD T-8) was also pertormed by Materials Testing & Inspection of Boise, Idaho. All tests were performed in general accordance with the cited test methods. All test results are included in the Test Pit Logs located in the Appendix. Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 biarnoldpe@msn.com December 15, 2012 Page 5 of 22 121108001.doc Observed Conditions The surface soils on this property were firm and stable at the time of this investigation. A generalized description of the subsurface soils is to follow. Surface soils are typically lean, silty clay or clayey silt. A root zone /organic layer is present and varies from 0.5 to 1.0 feet thick. The clay /silt surface soils extended to 1.5 to 3.0 feet below the existing surface. At this depth a cemented silt hardpan is typically encountered. This hardpan layer varied from 1.0 to 1.5 feet thick extending to a maximum depth of four feet below the surface. The hard pan was firm in one test but was easily excavated with the utilized equipment. Gravel contact depth varied from 3.0 feet in TP-3 to 6.5 feet in TP-1. Free draining gravel were encounter in all five test pits at an average depth of 6.5 feet below grade and a maximum depth of 7.0 feet in TP-1. Groundwater was encountered in all of the test pits. When measured on 12/12/12, groundwater tended to be shallower at the south end of the property (7.0' at TP-5) and deeper to the north (>9.0' at TP-1). This variation in groundwater depth may be attributed to surface elevation and not an indication of a steep groundwater gradient. Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 JarnoldpeC~msn.com CONSTRUCTION RECOMMENDATIONS Foundation Systems The proposed single family residences may be supported on conventional, continuous and isolated pad foundations founded upon the native soils or upon structural fill extending to these native soils. Based upon proper placement and compaction of structural fill, bearing pressures of up to 1500 psf are allowed. A one- third increase in allowable bearing capacity is permitted when transient loads such as wind or seismic are included. Either crawlspaces or slab on grade floors are acceptable. Foundation Excavation After foundation areas have been excavated to design grade it is recommended that a geotechnical engineer inspect the subgrade soils to confirm that conditions are similar to those documented within this report and used for design. This inspection should verify that fat clays and all organic materials have been removed and that no excessively soft or wet areas are present. If such soils are present below foundations it is recommended they be over excavated to cemented silts or so that a maximum of 1.5 feet of structural fill is present below foundations. The exposed subgrade surface and any imported structural fill are to be compacted to 95% of the maximum dry density as determined by ASTM method D-698, "Standard Proctor". Based upon field inspection at the time of construction, this engineer can wave the requirement to compact and test cemented silt and hardpan materials. Site Seismic Info Based upon observed and researched conditions, the onsite soils classify as Site Class C in accordance with Chapter 16 of the International Building Code. Structures to be constructed onsite should be designed as per the IBC requirements for such a seismic classification. Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 b-iarnoldpeC~msn.com December 15, 2012 Page 7 of 22 121108001.doc Structural Fill Any non-expansive soil free of cemented particles (hardpan) can be used as structural fill. Fill is to be free of organic matter or other deleterious substances and shall be non-plastic. Structural fill is to extend laterally outside foundations a distance equal to the depth of structural fill. Structural fill should be placed in uniform, thin horizontal lifts, moisture conditioned as necessary, and compacted to a minimum relative compaction of 95% based on the ASTM Method D698, "Standard Proctor". Compaction of structural fills should be verified by in place density testing and construction observations. A qualified engineer or his representative should monitor fill placement to ensure the work is performed in accordance with these recommendations. Testing should be performed in accordance with ASTM Test Methods D3017-88 and D2922-91 (nuclear densometer). Field nuclear moisture -density testing shall be performed on each lift of compacted fill for every 2500 square feet of surface area or every 50 feet of foundation trench. It is noted that structural fi-I can pass compaction tests and still be unacceptable if pumping, rutting or deflecting under wheel or foot traffic. Excavations Shallow excavations and trenches that do not exceed four feet in depth may be constructed with side slopes approaching vertical. Below this depth it is recommended that slopes not exceed a vertical to horizontal ratio of one to one. The ability of the materials on site to maintain a vertical or near vertical excavation when standing open without support over any extended period of time can be expected to be quite variable. This information is provided for planning purposes. It is our opinion that maintaining safe working conditions is the responsibility of the contractor. Jobsite conditions such as soil moisture content, weather condition, earth movements and equipment type and operation can all affect slope stability. All excavations should be sloped or braced as required by applicable local, state and federal requirements. Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J . Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-62.76 Jarnoldpe@msn.com December 15, 2012 Page 8 of 22 121108001.doc Storm Water Control It is recommended that storm runoff be directed away from all open excavations and not be allowed to puddle on subgrade soils. If construction is to occur during wet season conditions then soft soils must be considered. Traffic with rubber tired equipment is to be avoided if surface soils are wet or saturated. Rubber tired equipment may increase rutting and deflections of wet or saturated soils. Free draining granular materials were encountered in each of the five test pits therefore it appears feasible to inject stormwater into the ground using standard seepage beds or detention ponds. A percolation rate of P=8 inches /hours is available in the granular materials encountered in the bottom of all test pits. The depth to free draining materials varies and therefore it must be confirmed at the time of construction. Water levels reported in the Test Pit logs represent conditions on the date of exploration which was during the non-irrigation season. It can be anticipated that groundwater will rise when the irrigation ditches and canals are full. Piezometers were installed in three test pits to allow for future monitoring of the groundwater. Slab on Grade Concrete Care must be taken so that all excavations below concrete floors and slabs are properly backfilled in accordance with the structural fill recommendations outlined herein. This is very critical where a slab will extend over utility trenches or retaining wall backfill. Trenches and wall backfill areas are to be filled in lifts and benched each lift so that fill is not placed against a vertical soil face greater than three feet tall. Testing is to confirm that compaction has been achieved. Areas of excessive yielding should be excavated and backfilled with structural fill. Slab on grade floors, sidewalks and pavements should be placed atop a minimum of 0.5 feet of granular structural fill materials. Any additional fill used to increase the elevation of slab on grade concrete should meet the requirement for structural fill. After construction of the building pad, a granular mat should be provided below the floor slabs. The mat should consist of sand or sand -gravel mixture with non- plastic fines. The material should all pass a 3/4 inch sieve and should contain less than seven percent passing the # 200 sieve. The mat shall be compacted to the requirement Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE 208-440-6276 15, 2012 Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services for structural fill. All slabs should be suitably reinforced to make them as rigid as possible. Proper joints should be provided at the junctions of the slab and foundation system so that independent movement can occur without causing damage. Flexible Pavement Section Based upon laboratory test results for R-Value of R=8 and a Traffic Index of TI=6, the proposed new roadways within the proposed subdivision should include a minimum of 2.5" ACP, 4.0" Base Coarse, and 12.0' Sub Base. If structural fill is used to fill the site or if the entire depth of overburden soils are removed during site grading operations, then a reduction in recommended pavement sections is possible. Contact this engineer for reduced section where structural fill is utilized and where surface clay containing soils are removed. Pavement La er Layer Thickness As haltic Concrete 2.5" Base Coarse (3/a" minus) 4.0" Sub base (Pitrun 12.0" It should be anticipated that materials meeting the requirements of ISPWC are required for any work within this project. Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE 208-440-6276 Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services December 15, 2012 Paae 10 of 22 121108001 General Comments After the plans and specifications for onsite construction are completed, it is recommended that this consultant be provided the opportunity to review the final design and specifications. This review will confirm that the earthwork recommendations have been properly interpreted and implemented. At that time, it may be necessary to submit supplementary recommendations. This review is a part of this service and will not result in additional invoicing unless additional research and recommendations are needed. Testing and inspection services are recommended herein. Proper quality control during construction is required to confirm materials and methods and thereby obtain a desirable finished product. Monitoring and testing should also be performed to verify suitability of materials used for structural fills and to confirm subgrade grubbing, stability, and proper placement and compaction of fills. Any deviations from the herein described subsurface conditions should be brought to the attention of this consultant. This report has been prepared for the exclusive use of the identified client and their retained design consultants. Findings and recommendations within this report are for specific application to the proposed construction described herein and apply only to the property identified. Appendix Follows Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE 208-440-6276 per 15, 2012 Page 11 of 22 Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services APPENDIX Vicinity Map Proposed Subdivision Plan Test Pit Locations Test Pit Logs (5) Soil Log Legend Pavement Section Calculation Sheet Abbreviations & Acronyms Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE 208-440-6276 zoiz Vicinity Map Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services Bob J. Arnold, PE 8777 Graydon Drive Boise, Idaho 83704 Proposed Richard Property NW Corner Ustick Road and Cooper Lane Meridian, Idaho From Google Earth 2012 Bob J. Arnold, PE 208-440-6276 Proposed Subdivision Plan Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services Supplied by Client Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE 208-440-6276 15, 2012 Paae 14 of 22 Test Pit Locations Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Approximate Test Pit Locations Shown On Aerial Photo from Google Earth Bob J. Arnold, PE 208-440-6276 b Test Pit Log Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 121108001.doc Test Pit #: TP-1 File: 121108001 Client: CK Engineering Date Excavated: November 10, 2012 Project: Richard Property Excavator: Brunell /Excavator Location: East End, North Field Logged By: Bob Arnold DEPTH SOILS DESCRIPTION Sample Tie # 4 # 10 # 40 # 200 M PI LL 0.0-0.5 Organic Layer /Root Zone 0.5-3.0 Red to Brown, Moist, clayey Silt Bag 2.0 100 99 97 60.0 16.5 NP NP 3.0-4.5 Tan, Very Firm, Hardpan layer 4.5-8.5 Tan, Moist, Cemented, Silt 6.5 Gravel Contact 6.5-11.0 Sand and Gravel, Cemented at contact, free draining at 7.0' 11.0 Bottom of Hole Comments GW at 9.0' When Excavated GW > 9.0' on 12/12/12 Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE 208-440-6276 zolz Test Pit #: Test Pit Log TP-2 File: Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services Client: CK Engineerin Date Excavated: Project: Richard Property Excavator: Location: North End, Center Logged By: 121108001 November 10, 2012 Brunell /Excavator Bob Arnold DEPTH SOILS DESCRIPTION Sample Tie # 4 # 10 # 40 # 200 M PI LL 0.0-0.5 Organic Layer /Root Zone 0.5-2.3 Red to Brown, Moist, clayey Silt R-Value R = 8 socket 2.5 100 99 82 28.7 10.7 9.1 32.2 2.3-3.5 Tan, Firm, Hardpan layer 3.5 Gravel Contact 3.5-11.5 Sand and Gravel, Cemented at contact, free drainin at 6.0' 11.5 Bottom of Hole Comments GW at 11.0' When Excavated Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 bjarnoldpe@msn.com December 15, 2012 Page 17 of 22 121108001.doc Test Pit #: Test Pit Log TP-3 File: 121108001 Client: CK Engineering Date Excavated: Project: Richard Property Excavator: Location: West End, North Field Logged By: November 10, 2012 Brunell /Excavator Bob Arnold DEPTH SOILS DESCRIPTION Sample Tn'e # 4 # 10 # 40 # 200 M PI LL 0.0-0.5 Organic Layer /Root Zone 0.5-1.5 Red to Brown, Moist, Silty Clay Bag 1.2 100 99 94 65.9 16.6 18.1 39.8 1.5-3.0 Tan, Firm, Hardpan layer 3.0 Gravel Contact 3.0-10.0 Sand and Gravel, Cemented at contact, free drainin at 6.0' 10.0 Bottom of Hole Comments GW at 8.5' When Excavated Piezometer Installed GW at 8.0' on 12/12/12 Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 biarnoldpeC~msn.com December 15, 2012 Page 18 of 22 121108001.doc Test Pit #: Test Pit Log TP-4 File: 121108001 Client: CK Engineering Date Excavated: Project: Richard Property Excavator: Location: West End, South Field Logged By: November 10, 2012 Brunell /Excavator Bob Arnold DEPTH SOILS DESCRIPTION Sample Type # 4 # 10 # 40 # 200 M PI LL 0.0-0.5 Organic Layer /Root Zone 0.5-3.0 Red to Brown, Moist, Silty Clay 3.0-4.0 Tan, Firm, Hardpan layer 4.0 Gravel Contact 4.0-11.0 Sand and Gravel, Cemented at contact, free drainin at 6.0' 11.0 Bottom of Hole Comments GW at 8.5' When Excavated Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE 208-440-6276 Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 15, 2012 Page 19 of 22 _ 121108001.doc Test Pit Log Test Pit #: TP-5 File: 121108001 Client: CK Engineering Date Excavated: Project: Richard Property Excavator: Location: Center, Near NW corner Richards Property Logged By: November 10, 2012 Brunell /Excavator Bob Arnold DEPTH SOILS DESCRIPTION Sample Type # 4 # 10 # 40 # 200 M PI LL 0.0-0.5 Organic Layer /Root Zone 0.5-3.0 Red to Brown, Moist, Silty Clay or Cla a Silt Bag 2.0 99 98 93 64.1 14.5 NP NP 3.0-4.0 Tan, Firm, Hardpan layer 4.0 Gravel Contact 4.0-10.0 Sand and Gravel, Cemented at contact, free drainin at 6.0' 10.0 Bottom of Hole Comments GW at 8.0' When Excavated Piezometer Installed GW at 7.5' on 12/12/12 Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 121108001 Soil Log Legend UNIFIED SOIL CLASSIFICATION SYSTEM (ASTM STANDARD TEST METHOD D 2487 FOR CLASSIFICATION OF SOIL FOR ENGINEERING PURPOSES DIVISIONS ~ DESCRIPTIONS COARSE GRAINED SOILS < 50% - #200 GRAVEL & GRAVELLY SOILS <50% - #4 < 5%- #200 GW Well-graded gravel, gravel-sand mixture, little or no fines. GP Poorly-graded gravel, gravel sand mixture, little or no fines 5-12%-#200 GM Silt ravel, ravel-sand-silt mixtures >12%-#200 GC Cla a ravel, ravel-sand-cla mixtures SAND & SANDY SOILS >50%-#4 < 5% - #200 SW SP Well-graded sand, gravelly sand, little or no fines. Poorl - raded sand, ravel) sand, little or no fines >12% - #200 SM Silt sand, sand-silt mixtures SC Cla a sand, sand-cla mixtures FINE GRAINED SOILS > 50% - #200 SILTS AND CLAYS LL < 50% INORGANIC ML Inorganic silt and very fine sand, rock flour, silty or clayey fine sand or clayey silt with slight plasticity CL Lean clay-low to medium plasticity, gravelly clay, sandy clay, silty clay SILTS AND CLAYS LL > 50% ORGANIC INORGANIC OL MH Or anic silt and or anic silt cla of low lasticit Elastic silt, micaceous or diatomaceous fine sand or silty soil. CH Fat cla - hi h lasticit ORGANIC OH Or anic cla -med. or hi h lasticit : or anic silt HIGHLY ORGANIC SOILS ~ Peat, humus, swamp soil with high organic content Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 biarnoldpeC~msn.com December 15, 2012 Page 21 of 22 121108001.doc PAVEMENT SECTION DESIGN DESIGN SECTION CALCULATIONS (ACRD R-Value Method) Project: Richard Property File No.: 121108 Ustick Road -Meridian, Idaho talc ey: B. Arnold Client: Chad Kinkela, PE Date: 12/12/12 Design Thickness Equation: T = 0.0032 (TI) (100-R)(12) = GE (inches) T= Design Thickness TI =Traffic Index = 6 Assumed GE =Gravel Equivalent R = R-Value = 8 Soil Test GE= 21.7 Inches ACRD ACP, 3/4" Road Base and Aggregate Subbase Actual Thickness Equivalent Thickness ACRD Asphalt Concrete Thickness = 2.5 Inches ACE= 5.6 Inches 3/4" Road Base Thickness Desired = 4.0 Inches RBE= 4.4 Inches Calculated Aggregate Subbase Thickness Equation: Subbase Thickness=SB=GE-ACE-RBE SB= 11.7 Inches CALCULATED DESIGN SECTION ACRD Asphaltic Concrete= 2.5 inches 3/4" Road Base = 4.0 inches Aggregate Subbase = 12.0 inches RECOMMENDED DESIGN SECTION Asphaltic Concrete = 2.5 inches 3/4" Road Base = 4.0 inches Aggregate Subbase = 12.0 inches Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 Bob J. Arnold, PE Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services 208-440-6276 zz Abbreviations and Acronyms AASHTO American Association of State Highway & Transportation Officials ASTM American Society for Testing and Materials ACP Asphaltic Concrete Pavement BH Bore Hole IBC International Building Code ISPWC Idaho Standard for Public Works Construction ITD Idaho Transportation Department NP Non Plastic PCC Portland Cement Concrete PCF Pounds per Cubic Foot TP Test Pit USCS Unified Soil Classification System CL Clay ML Silt SM Sand NOTHING FOLLOWS Bob J. Arnold, PE 8717 Graydon Drive Boise, Idaho 83704 _ _S 86'56'20" E 667.47'_ _ . . 1 I I I d ~ h In rn w, ^I of 0 WOODBURN SUBDIVISION N0. 2 16.18 ACRES I ~. N 0 N ~3 ~I~ N M O JL ~~ Z 69'15'45" W 67.37' h REVIE , P OVAL ">iis;4 ~" X24? I 5 " 5 BY w I ~?s 96 ' " ~ I N 38'29'05" W N ' 41 47'26 W 78 17~ FEB 0 5.2013 3120 ~ MERIDIAN PUBLIC " 5se oz 2" W N ~ WORKS DEPT. ~ssi9' w N 66.37'06^ w I 55.79' ~ ~ I N 67'09'36" ~ 3 i 129.84' ~` N ;~ ~ N O T.4N.S35 S36 13~ 44'- T.3N. S2 51 _ - - _ _ _665.55' ' ' " - - _ O '~' 665 30' 1/4 S36 S 88 43 02 E 2662.29' _ . S1 c~'~ NSF SG~~ 25 100 400 O -~ 0 50 200 600 ~ 7 7 2 ~ ~ N~ ZI~,I~~ ~° SCALE: 1 " = 200' ~~, 9TF of ~oP ~~- F~°RY G. G P~~ S: \Standords\ISG-Standard'Blocks k Borders\ISC Drawing Templates\6.5X11 E~bibit200fi.dwt • I D/~~ O 1450 E. WATERTOWER ST. SURVEY MERIDIAN, IDAHO 83642 GROUP , P , C . (208) 646-8570 2:10:46 PM M5T EXHIBIT DRAWING FOR WOODBURN SUBDIVISON N0. 2 LOCATED IN THE Wl/2 OF THE E1/2 OF THE SW1/4 OF SECTION 36, T.4N., R.1 W., ADA COUNTY, IDAHO JOB N0. 12-130 SHEET N0. 1 DWG. DATE 2/4/13 Hearing Date: March 7, 2013 File No.: CPAM-12-007 Project Name: Woodburn West Subdivision Request: Request to amend the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on 16.18 acres of land from MU-C (Mixed Use -Community) to MDR (Medium Density Residential). Location: The site is located north of W. Ustick Road, approximately '/4 mile east of N. Linder Road, in the SW '/4 of Section 36, Township 4N, Range 1 W. File No.: AZ-13-003 Request: Request for annexation & zoning of 16.18 acres of land with an R-8 zoning district. File No.: PP-13-004 Request: Request for preliminary plat consisting of 64 single-family residential building lots and 7 common/other lots on 16.18 acres of land in a proposed R-8 zoning district. a m O N O N O W ^:........; > - -------' -- ~~ ~ ~.... v :~ \ / ~ :: t ~'~`i, i :~.,.cT', . ! 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