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Application~~E IDIAN TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: October 9, 2013 Transmittal Date: October 4, 2013 File No.: MFP 13-002 Hearing Date: October 15, 2013 Request: Public Hearing: Modification to the Final Plat to remove the stub street to the north across the Ridenbaugh Canal for Reflection Ridge Sub. 2. By: Mission Coast Properties ID, Inc. Location of Property or Project: 4275 S. Locust Grove Road Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP> Macy Miller (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (No vAR, VAC, FP> Building Department/ Rick Jackson Fire Department Police Department City Attorney Community Development City Planner City Engineer Economic Dev. (cuP only) Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/sHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cuP/SHP only) QW2St (FP/PP/SHP only) Intermountain Gas (FP/PP/sHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control /Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org I~IAN`~-,, Planning Division e COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment ^ Conditional Use Permit ^ Conditional Use Permit Modification STAFF USE ONLY: ^ Development Agreement Modification ^ Final Plat File number(s): ' ' ~'~ X Final Plat Modification ^ Planned Unit Development ^ Preliminary Plat Project name: ~ ~ %. ' . ^ Private Street Date filed: ~ Date complete: ^ Rezone ^ Short lat Assigned Planner: r'G,_ '~ " ! ' ~~ p _ ,1 ^ Time Extension (Commission or Council) Related files: f S° r _ , =~~ , ^ UDC Text Amendment ^ Vacation (Council) ^ Variance Hearing date: i;~ i~ ~?, ^ Commission G,~'~ouncil ^ Other Applicant Information Applicant name: Mission Coast Properties ID Inc Phone: _(604) 535-1714 Fax: (6041 970-1701 Applicant address: 13402-13A Avenue, Surrev BC Zip: V4A 1C3 E-mail: lorne.duthiecrguatroproperties.com Applicant's interest in property: X Own ^ Rent ^ Optioned ^ Other Owner name: Mission Coast Properties ID Inc Phone: _(604) 535-1714 Fax: (604) 970-1701 Owner address: 13402-13A Avenue, Surrev BC Zip: V4A 1C3 E-mail: lorne duthienn guatroproperties com Agent name (e.g., architect, engineer, developer, representative): John G. Carpenter, P.E. Firm name: T-O Engineers, Inc. Phone: 442-6300 Fax: 466-0944 Address: 332 N. Broadmore Way Nampa ID Zip: 83687 E-mail: jarpenter ,to_enQineers.com Primary contact is: ^ Applicant ^ Owner X Agent ^ Other Contact name: John G. Carpenter, P.E. Phone: 442-6300 Fax: 466-0944 Contact address: 332 N. Broadmore Way Nampa ID Zip: 83687 E-mail: jcarpenter(a~to-ens=ineers.com Subject Property Information Location street address: Assessor's parcel number(s): 51130417600 Township, range, section: T3N, R1E, S 30 Total acreage: 5.4 Current land use: Current zoning district: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridianciry.org I (Rer. 02/08/2013) Project Description Project/subdivision name: Reflection Ridee Subdivision No. 2 General description of proposed project/request: Remove stub of S. Luminous Avenue that extends to Ridenbau h Canal. ACHD states stub road is not needed Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): X Residential ^ Commercial ^ Office ^ Industrial ^ Other Who will own & maintain the pressurized irrigation system in this development? Nampa Meridian Irrigation District Which irrigation district does this property lie within? Nampa Meridian Irrigation District Primary irrigation source: Nampa Meridian Irrigation District Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point ofconnection is City water): Residential Project Summary (if applicable) Number of residential units: l2 Number of building lots:l2 Number of common lots: 3 Number of other lots: Proposed number of dwelling units (for multi-family developments only): 1 bedroom: 2 - 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): 8478 Average property size (s.f.): 9570 GroSS density (DU/acre-total land): 2.22 Net density (DU/acre-excluding roads & alleys): 2.35 Percentage of open space provided: 45.8% Acreage of open space: 2.48 Percentage of qualified open space acreage: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): common Amenities provided with this development (if applicable):Meridian regional path along Ridenbaugh Canal Type of dwelling(s) proposed: XSingle-family Detached ^Singie-family Attached ^ Townhomes ^ Duplexes ^Muiti-family ^ Other Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Total number of employees: Total number of parking spaces provided Authorization Print applicant name: Applicant signature: _ Building: Existing (if applicable): Building height: Paving: Number and ages of students/children (if applicable): Number of compact spaces provided: Date: ~3 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 02/08/2013) T•O ENGINEERS October 1, 2013 City of Meridian Attn: Sonya Waters 33 E. Broadway St. Meridian, ID 83642 Re: Reflection Ridge Subdivision No. 2 Final Plat Modifications Dear Ms. Waters: This narrative has been prepared to describe the modifications made to the above named final plat. During previous submittals of this final plat: the boundary as shown on the Preliminary Plat placed the northeasterly boundary in the N.E. '/4 of the S.E. '/4 as being along the south easement of the Ridenbaugh Canal. After review, this boundary was corrected to the centerline of the canal, as per Instrument No. 26758, records of Ada County. The stub street of S. Luminous Ave. extends north and is intended to connect across the canal, at which time the un-platted parcel to the north is developed. Per City of Meridian ordinance, all stub streets are required to be platted and constructed to the boundary line of a subdivision. With the current boundary line shown, this would require half a bridge be constructed to the centerline of the Ridenbaugh Canal. At the request of the developer and ACHD, we propose removing the right-of--way and corresponding stub street. In its place, we propose a 20' wide common lot that would contain a 5' wide concrete sidewalk that would connect to the regional pathway along the canal, as well as a blanket easement inte~/ /l for the maintenance of the water line that has already been constructed in~this loctftion. Respectfully, Fritz Bro~/nell, $!L.S. 332 N. Broadmore Way Nampa, ID 83687 Phone (208) 442-6300 Fax (2081 466-0944 infoQto-engineers.com to-engineers.com Land Development ~ Aviation ~ Transportation ~ Municipal ~ Water Resources ~ Surveying T•O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 332 N. BROADMORE WAY SUITE 101 NAMPA, IDAHO 83687 208-442-6300 • FAX 208-466-0944 Project: 130074 Date: May 23, 2013 Page: 1 of 2 Reflection Ridge Subdivision No. 2 This Parcel is situated in a portion of the N. '/2 of the S.E. '/4 of Section 30, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southeast corner of the S.E. '/4 of said Section 30, being referenced in Corner Perpetuation and Filing Instrument No. 106148171, Records of Ada County; thence along the east boundary of said S.E. '/4, A) N. 00°30'07"W., 1325.81 feet to the southeast corner of the N.E. `/4 of the S.E. `/4, said point being referenced in Corner Perpetuation and Filing Instrument No. 107014590, also being the southeast corner of Reflection Ridge Subdivision No. 1, on file in Book of Plats No. ,Page ,Records of Ada County; thence along the east boundary of said N.E. '/4 of the S.E. I/a, 1) N.00°30'07"W., 385.00 feet to the POINT OF BEGINNING, being the northeast corner of said Reflection Ridge Subdivision No. 1; thence along the northerly boundary of said Reflection Ridge Subdivision No. 1, A) 5.60° 17"40"W., 201.31 feet to a tangent point of curvature; thence along a curve to the right, 1) Having an arc length of 282.05 feet, a radius of 300.00 feet through a central angle of 53°52'04" and a long chord which bears 5.87°13'42"W., 271.78 feet to a point of tangency; thence, 2) N.65°50' 16"W., 608.01 feet to a tangent point of curvature; thence along a curve to the left, 3) Having an arc length of 47.76 feet, a radius of 225.00, through a central angle of 12°09'44" and a long chord which bears N.71 °55'08"W., 47.67 feet to a point of tangency; thence, 4) N.78°00'00"W., 105.37 feet to a tangent point of curvature; thence along a curve to the right, BOISE • COEUR d'ALENE •NAMPA L:\130074\Survey\Descriptions\Phase 2 Bndy 052313.doc Project: 130074 Date: May 23, 2013 Page: 2 of 2 5) Having an arc length of 94.84 feet, a radius of 169.00 feet, through a central angle of 32°09' 14" and a long chord which bears N.61 °55" 23"W., 93.60 feet to a point of tangency; thence, 6) N.45°50'45"W., 753.15 feet to a tangent point of curvature; thence along a curve to the left, 7) Having an arc length of 151.79 feet, a radius of 281.00 feet, through a central angle of 30°56'58" and a long chord which bears N.61°19'15"W., 149.95 feet to a point of non-tangency; thence leaving the northerly boundary of said Reflection Ridge Subdivision No. 1, 8) N.44°09' 15"E., 157.72 feet to a point on the southerly easement line of the Ridenbaugh Canal; thence along said southerly easement line, 9) N.45°58'25"W., 8.95 feet to a point on the north boundary of said N. '/~ of the S.E. '/a; thence along said north boundary, 10) N.89°43'54"E., 71.60 feet to a point on the centerline of said Ridenbaugh Canal; thence along said centerline, 11) 5.45°58'25"E., 984.99 feet to a tangent point of curvature; thence along a curve to the left, 12) Having an arc length of 260.02 feet, a radius of 750.00 feet, through a central angle of 19°51'51" and a long chord which bears S.55°54'21"E., 258.72 feet to a point of tangency; thence, 13) 5.65°50' 16"E., 417.14 feet to a tangent point of curvature; thence along a curve to the left, 14) Having an arc length of 235.04 feet, a radius of 250.00 feet, through a central angle of 53°52'04" and a long chord which bears N.87°13'42"E., 226.48 feet to a point of tangency; thence, 15) N.60° 17'40"E., 229.26 feet to a point on the east boundary of said N. '/z of the S.E. `/a; thence leaving the centerline of said Ridenbaugh Canal and along said east boundary, 16) 5.00°30'07"E., 57.28 feet to the POINT OF BEGINNING. CONTAINING 5.41 acres, more or less. BOISE • COEUR d'ALENE • NAMPA L:\130074\Survey\Descriptions\Phase 2 Bndy 052313.doc ADA COUNTY RECORDER Christopher D. Rich AMOUNT 37.00 10 BOISE IDAHO 10/12/2012 11:34 AM DEPUTY Nikola Olson Simplifilc llectrunic Rccunlrng I IIIIII VIII VIII IIIIII IIIIII III IIIIII III IIIIIII III VIII IIII IIII RF,CORDF,n-RF,QI?F.ST OF FIDELITY NATIONAL TITLE - BOIS 112106111 DEED kor the consideration of the sum of Ten and 00/100 Dollars ($10.04) and other valuahle consideration, South Ca.vanaugir LLC, atr ldalro limited liability company ("Grantor"), does Hereby grant, sell and convey unto Quatro Properties {Mer-idiatr) Ino., an Idaho corporation ("Grantee"), whose adchess is 13402-13A Avenue, Surrey, BC Canada, V4A1C3, and its successors and assigns foxever•, the fallowing described real property Located in Ada County, Idaho, as described in Exhibit A altaehul hereto and inc-0rporated by this reference (the .~l,r.operty„) '1'OGF,THER WITH all improvements thereon and singalar the tenements, hereditarneuts, easements, rights acid al>purtcnances thcrctrrrto belonging or in any way appertaining, the reversion and reversiotrs, remainder and remainders, rents, issues, and profits thereof; and alt estate, right, and interest in and #o the 1'rnperty, as well in la~v as in equity. SUBJECT to existing taxes, assessments, liens, encurnhraa~ces, covenants, conditions, restrictions, rights o~way, easements, sod other matters of record or otherwise appearing on the land. 't'his Deed is executed by Ronald D. Strongwater as authorized agent of South Cavonauglr LLC as atrthoriz~I by Caned ~Iyczs, not in ltis individual capacity, but as Liquidating Trustee for DBSI Real Estate Liquidating 'f'rost as Successor by consolidation of D13SI Inc, as Sole and I~Ianaging Member of Grantor SouU Cavanaubh LLC, and a debtor irr a valurrtary case under chapter I1 of the 13arrlcruptey Cocie, 11 L'.S.C. ~§ 101-1532, Case No. 09-10044 (PJV+~, ~vhieh case is jointly administered under lead Case na. Ob-12687 (YJ1W}, pending in the United States E~stnkruptcy Cotut far the District of Delaware (the "Banlu'ttptcy Court"), as autlrori~ed by the Bankruptcy Coar# pursua~rt to Orders: Case No. 08-12687 (P3W}, Rcf Docket No. 7795 ("Sale Order"), A copy of the Sale Order is attached hereto as )xhibit B, respectively and incorporated herein by reference in their entirety. [Signatrare un jt~llorvln~ 1~ageJ ADA,ID Page 1 of 10 Printed on 12/18/2012 10:52:00 AM Document: DED 1 12.1061 1 1 IN WITIti;ES5 WHEREOF, the Grantor Itas caused these preseztts to be executed this ~ ~-.day of October, 2012. GRANTOR: South Cavanaugh T~I,C art Idaho I' ited liab~7' c ultia ~Tafna: Roualrl D. Stmngtvatec, Autho ~ Agent Date: I ~ J~ (~ ~ ~ , 2012 State of l ~X0.S -- _ _T~ )ss. Gaunty of ~ Q ~ On ~~ ~ ~ ~ 2012, before me personally appeared Ronald D. Strong~vater, pexsaaally known to me (or proved to me on tfic basis of satisfactory evidence} to be the person whose name is subscribed to the withitr instrument and ackno4vledged to nre that he executed tUe same in his atttharized capacity, and that by his sitntature on the instruument the person, or the entity apart behalf of which the persan acted, executed the irs4ruxnenl. WI'1`N135S 1V1Y HAND and official seal hereto affixed the day, month and year in this certificate first shove written. ~ ~ NotaryPublic_e, (CC,l ~-"h.21~ ~..~ 'Residing at ~ _T rev,ry a;`;a~;~er.~,^ - VERQ~IiCA CRAhAER :~; Notary Public, State of Texas ._..•~.~y,ts MyCOmmission Expires Ivly Canrmissian Expires (}l ~.d~~ ,~,~~,,,. July 25, 201b ADA,ID Page 2 of 10 Printed on 12/18/2012 10:52:01 AM Document: DED 112.106111 prder No. 1071735•Ip EX#IIBIT "A" PARCEL A: Fart of the Southwest quarter Northeast quarter in Section 30, Township 3 North, Range 1 last, i3olse Meridian, Ada County, Idaho described as follows; Beginning at the Southwest corner of said Southwest quarter Northeast quarter; thence Easterly 350 feet along the Sauth boundary of said Southwest quarter Northeast qua; ter; thence Northerly and Parallel with the West boundary of said Southwest quarter Northeast quarter 500 feet; thence Westerly and Parallel with the South boundary of said Southwest quarter Northeast quarter 350 feet to a point an the West boundary of said Southwest quarter Northeast quarter; thence Southerly along the West boundary of Bald Southwest quarter Northeast quarter 500 feet to the PLACE OF BEGINNING. Except ditch and road righis-of-way. Also except any portion lying within Rfdenbaugh Canal. PARCEL 13-I: Ali of the West 990 feet of the Southwest Quarter Northeast Quarter of Section 30, Township 3 North, Range. 1 East, lying southwesterly o the center line of the existing canal; excepting therefrom the following tract: Part of Southwest Quarter Northeast Quarter In Section 30, Townst~lp 3 North, Range 1 East, described as follows: Beginning at the Sauthwest corner of said Sauthwest Quarter, Northeast Quarter; thence 3S0 feet Easterly along the South boundary of said Southwest Quarter Northeast Quarter; thence Northerly and parallel with fihe West boundary of said Southwest Quarter Northeast Quarter 500 feet; thence Westerly and parallel with the South boundary of saki Southwest Quarter Northeast Quarter, 350 feet to a point on the West boundary of said Southwest Quarter Northeast Quarter; thence Southerly along the West boundary of said Southwest Quarter Northeast Qt3arter, 500 feet to the PLACE O>: RCGiNNING. PARCEL 8-II: An Easement far ingress and egress over tine Southerly 25 feet of the following described parcel as created in Quitclaim weed, recorded Auyust 22, 1979 as Instrument No. 7946540, said parcel more particularly described as follows: Part of the Southwest Quarter Northeast Quarter In Section 30, Township 3 North, Range 1 East, described as failows: f3eginnhlg at the Southwest corner of said Southwest Quarter Northeast Quarter; thence 350 feet Easterly along the South boundary of said Southwest Quarter Northeast Quarter; theme Northerly and paratlei with the West boundary of said Southwest Quarter Northeast Quarter 500 feet; thence Westerly and parallel with the South boundary of said Southwest Quarter Northeast Quarter, 350 feet to a point on khe West boundary of said Southwest Quarter Northeast Quarter; thence Order No. 1071735-fp Exiiiblt A Lefla1 Descriptlon ADA,iD Page 3 of 10 Document: DED l 12.1061 1 1 9/30J12 7.:44 Ptd Printed on 12/18/2012 10:52:01 AM order No. 1o717s5dp Sotrtherly along the West boundary of said Southwest Quarter Northeast Quarter, 500 feet to the PLACE OF BEGTNNINC. PARCEL C: The Northeast Quarter of the Southwest Quarter and the North 3/4 of the North tfalf of the Southeast quarter cf the Southwest Quarter of Section 30, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. EXCEPTING Tt;EREFROM A part of the East l~lalf of the Southwest (Zuarter of Sectlon 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Beginning at a brass cap at the West Quarter corner of Section 30, Township 3 North, Range i East, t3ofse Meridian, Ada County, Idaho; Clience North 89°20'17" East, 1,153.56 feet along the Quarter line to a point, the sixteenth corner; thence South 0°24'3?." East, 646.56 feet: along the sixteenth Ilse to a point, the REAL Pf1TNT OF EEGINNING; thence Southeasterly along the South side of irrigation lateral maintenance road the foilovring five courses: South 66°17'47" East, 453.83 feet to a point; thence Soutl~ 64°x4'00" East, 164.85 feet to a point; thence South 60°57'SD" East, 244,21 Feet to a point; thence South 52°52'56° Eas<, 595.84 feet to a point; thence South 38°57'50" East, 126.27 feet to a paint an the Quarter line; thence South 0°31'49" East, 3T_8.88 feet along the Quarter 11ne to a point; thence South 89°04'14" West, 1327.15 feet to a point on the sixteenth line; thence North 0°24'32" Vlest, 1180,SS feet along the sixteenth line to a point, the PEAL POINT OF EFGINNING. FURTHER EXCEPTING THEREFROM A part of the East Flaif of the Southwest Quarter of Section 30, Township 3 North, Range 1 East, Boise Merid[an, Ada County, Idaho Beginning at a brass cap at the WesC Quarter corner of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 89°20'17" East, 1713.42 feet along the Quarter line to a point, the REAL POINT OF BEGINNING; thence continuing North 89°?..0'17" East, 165,00 foot along the Quarter line to a point; thence South 0°39'43" East, 2.64.00 Feet to a point, thence South 89°20`17" West, 165.00 feet to a point, thence North 0°39'43" West, 264.00 feet to a point, the REAL POINT OF BEGINNING. PARCi~L t?; A part of the East Half of the Southwest Quarter of Sectlon 30, Township 3 North, Range 1 East, Boise heridian, Ada County, Idaho. Beginning at a brass cap at the 1"Jest Quarter corner of Sectlon 30, 1'ownsitlp 3 North, Range 1 East, Boise Meridian, Ada prder No, 3.071735-Ip F.xliit;it A t.egal Des[rlpklon ADA,ID Page 4 of 10 Document: DED 112.1061 I 1 9/30/17. 2:4© Pit Printed on 12/18/2012 10:52:01 AM Order No. 5071735-Ip County, Idaho; thence North 89°7.0'i7" East, 1713.42 feet along the Quarter line to a point, the REAL POINT OF €3EGINNING; thence continuing North 89°20'17" East, 165.00 feet atang the Quarter Elne to a point; thence South 0°39'43" East, 264.00 feet to p point; thence South 89°20'17" West, 165.00 feet to a point; thence North 0°39'43" West, 264.00 feel to a paint, the REAL POINT OF BEGINNING. PARCEL E: AU that portion of the North Half of the Southeast Quarter of Section 30, ~T'owhship 3 Nol-th, Range I East, Boise Meridian, Eying Southerly of the Rldenbaugh Canal. ~~ Initials ,__- - Initials Order No. 1071735-ip Exhibit A Legal AescrEption 9J3D/12 2:18 1'P1 ADA,ID Page 5 of 10 Printed on 12/ 18/2012 10:52:02 AM Document: DED 1 12.106111 • ___. ~z1tZx ,.g„ • TN Tkik; UNITED sTA`rES BA1dKRUP•TCX COURT TOR TIIE DIS1`RICT OR DELAWART In re: Chapter 1 I DBSI INC., et al., Case Iro. 0$-126$7 ~P3W) l7cbtors. 3ointly Adrrtirustercd Ref. llorRet No. 7795 O1RDI/R AUTHi)1~I~INCG {T)'I`I`IE SALE OI<NONR.F.SIDENTIAL REAL I'ItOPGR'TY LOCATEIZ I'+1 TI-dE CITY dT~ MERIDLgN, IDAHO, Cd14iMOhF Y KNOt~VN AS R1I+I,ECTYON RIDGE> (II) AC31'IIORIGING TIIE'~T'RUS~'E>h:'I'O Sk,LL 1'£[I; RI;I+LECTIdI~ ItIDGa<: PROI'ERf X F121;E A1S'1) CLEAR OT ALL LIENS, CLAIMS, I;NCC~1l4BRANCES AND IN`I ERESTS; (III} VVAIVTNCT TIIIv FOURTEI+:N {I4) DAY STAY P'I20~'IDI+;D I3Y I•ED. R. IIANIZI2. P. bQ04(h); {IV) AlJ'rI30RIZING AND I)IItE+C'TIIVC~ PAYMENT OF REAL ESTATE C:OMritISSIONS I~'OR COURT AI'PI20V]ID 12k' AL I<STATP BROKER, AtVI) (V~ CySdAI`i'PIi~IG ]R>I.A'PI;D RLf,xI:F Upon wnsidcration of the Liquidating Trustee's Motion fcr Entry of an Order: (i) Authorizing the Snle of Nonresidential Real Property Located in the City of Meridian, Ohio, Connxtonly Known as Reflection Ridge; {i't) Authorizing the Trustee to Sell the Reflection Ricge Property liree surd Ctear of All Liens, Claims, Encumbrances and lute.-~csts; {isi) Waiving the Fourteen (l4) Day Stay Provided by Rule 5004{ks); (iv) Authorizing and Payment of heal Estate Commissions for Court Approved Real Estate Broker; and (v) Granting Related Relief (the "Nation'.') and the Du;laration of Ronald D. S#rangwafer filed in support of the Motion; and the Court having considered. the plLadings filed in support of the Motion; and the Court having considered Pacific Western Bank's limited objection to the ]viotiou; and the Court having heard the argrasncnts of ccunsel, if any; and the Trrzstee having determined in the exercise of his sound business judgment, after consul#ation with the DBSI Rcal Estate Liquidating Trust Oversight Committee; that the offer Uy (tluatro Prop~rlies A'ampa Inc. to purchase the non-residential real property knovm as Reflection Ridge {the "Proue:ty") for the stem of #18?5962 v3 130218-715G5 ADA,ID Page 6 of 10 Printed on 12/18/2012 10:52:02 AM Document: DED 112.106111 X3,000,000 constituted the best offer received by the Trustee; and the Court having determined that the relief provided herein is in the best interest of the Acbtors' estates, their creditors and other parties in interest; and due artd adccluute notice of dre Motion and the proposed sale havhtg been given under'the circumstances; and upon the record of the hearing on this mutter; and aftor due deliberation thereon; and goad artd sufficient cause appearing therefor, it is hereby: IiQUND AND DG'I'FR1~IIlti'ED THAI': A. 'Cho findings artd conclusions set forth herein cottstitute the Court's Endings of fact and conehtsions of law prusuant to Fed. I2. Banks- P, 7052, tnude applicable to this proceeding pursuat-4 to Fed. R. Banta-. P. 9014. $. This Court has jurisdlet'san over the Motion and the relief sought therein pursuant to 28 U.S.C.-§§ 157 and 133. '['his matter is a core proceeding pursuamt to 2A U.S.C. § }57{b){2)(A), (M) and (N). Venue in this district is proper under 28 U.S.C. §§ 140$ and 1409. C. Quatro Properties Nampa Inc., an ldaho corporation, is a good faith purchaser tivithin the meaning of section 363(tn) of the Barltruptey Code. D. Based on the sale process conducted by the Trustee, as described in the Motion and Declaration of Ronald D. Strong~vater, the purehaso price of $3,000,000 offered by Quatro Properties Narupa Inc. represents fair rnat',cet va;ue for the Property and is the highest ar otherwise best offer received by the 'I'rustcc. NO'4V TCLEREBORC, TT i5: ORDERED that the Motion is granted; and it is further OJ2DE1tE)v tha# the'I'rusiee is authorized to perform the obligations of the colter under and comply with the terms of the Purchase and Sale Agreement (the "PSA"} #t825962 c'3 110218•'71565 ADA,ID Page 7 of 10 Printed on 12/18/2012 10:52:02 AM Document: DED 1 12.1061 I 1 at#ached hereto as EX1Hisrr A, and to constuntnate the sale of the Property to Quatra Properties Nampa Ina., or Its assigrtee, if any ("Purchaser"}, On aQ "aS tS", "WI1CrC IS" basis, frcu and clear of all encnmbrattces without any represents#ons or «~anantics of any kvId other than those expressly set forth in the 1'SA; and ii is further ORn$?2EI3 that tlse Trustee is authorized and empowered to perfonn under, canstununate and implement the PSA, and to execute and deliver all additional insizuments and documents that may be reasonably necessary or desirable to implement the sate of the Property in accordance with this Order azld 1~ed. R.13atlkr. I'. 60U4(f}(2}; and i! is fu<'ther DItT?ERED that to the Trustee is autluarized, without firrther order of the Court, to pay lvlark Battles heal Estate Services, i.LC its comitiission earned in coruleation with the sale of the Property as set forth in the l'SA, property truces, expenses relating to irrigation assessment of the Property, and other SeIler's fees, costs and proraiions as set forth in the I'S.A (aollectivety the "Authorized Expenses"); and it is further ORA~22t~B that pursuant to sections 105; 363(b} and (f) of the Z-3ankruptcy Code, the sale of the Property to the PurcTzascr pursuant to this Qrder. shall be free and clear of all claims, lic;r.s, encumbrances, a3ud interests, with nny such clairrs, liens, encumbrances, and interests, inch=_durg but not limited to any claims, liens, eueurnbrances and interests of Pacific Westen~ Bank, if any, to attach is the sale proceeds of the sale of the Yropccty less the Authorized F.•,xpenses (the "?~Iet Sale Proceeds"), in the same order aucl priority as those claims, liens, encumbr~urces and interests had against the Property, if any; and it is further ~fI87.59G'2 v3 t702I8.715G5 ADA,ID Page 8 of 10 Printed on 12/18/2012 10:52:03 AM Document: DED 112.106111 ()RDER)/1) that aD Nct Sale Proceeds from the sale of the Property shalt beheld nt a seE~regated interest bearing accoant and the Trustee shalt not ba authorized to use any Net Sale Proceeds until: (i) Pacific Western Bank and the Trustee agree, in t~=a-iting, to allocation of distribution of such Net Sale Prncecds, or (ii) further order of this Court; xnd it is Further OldDl;Rii;)E3 that the Purchaser and its successors and assists shall not be liable in any ~vay (as a successor entity or otlterwise.} for any claims that any creditor or any other third party may have against the Debtors ar the Property, and all such creditors and third parties are hereby pennanent}y enjoined from asserting or prosecuting any claims against the Purchaser and its successors and assigns; anti It is further ORDERLaD that, except asset forth in this Order, the recording of this Order in the official records of Ada County, Idaho shall constitute a release of all claims, liens, encumbrances, pad interests in and to the Property; provided that such recording does not affect Pacifte Westent Bank's fights with respect to the 1~iet Sale Proceeds from the sale of the Property; acrd ii is further ORDERED that, as soon as reasonably practicable following the closing of the sale of the Property, the Trvstcc shall file a statement in accordance tviQe the requirements ofFe<t. K, Bankr. P. bOtl4(f); and it is further O;<2D.L~jRLD, that the Purchaser is a goad faith purchaser and is entitled to ail of the protections provided to a goad faith purchaser under section 363(m} of the iiankruptcy Code; and it is further #1825962 v3 tt02IS-71565 ADA,ID Page 9 of 10 Printed on 12/ 18/2012 10:52:03 AM Document: DED 1 12.1061 1 1 QRDE1t1sD, that this Order shall be binding on and inure to the benefit of the 'Crustec, the Deb#ars, the Puncliaser or such Purchaser s successors and assigns, if airy; a~~d Pacific Western Baiil;; F[rd it is furilter ORAI/RLS), that, nottviths#anding 1`ed. R. Ba-tkr. P, 6004(h), this Order sh111 take ei act and be fatly ~nforceabie inmzediately upon the entry of this Order; and it is fuzther Oltl)LI:t~D, that khis Court shall zetain jurisdic[ion over any matters rela#ed to or arising from the imp}enientaiiot~ of this Order, Datcd: Wilmington, De}a~vare Septemberl012 ~~ 'flieHu~iorablePete J. Walsh . United States Ilanlcruptcy judge tti8259G2 v3 11G218-%1565 ADA,ID Page 10 of 10 Printed on 12/18/2012 10:52:03 AM Document: DED 112.106111 AFFIDAVIT OF LCGAL INTEREST 1, Mission Coast Properties ID Inc. , of 13402-liA Avenue,Surrey, BC Canada, V4A1C3 (printed name) (aJdre~s) being first duly sworn upon oath, deposed and say: That I am the owner of the property described on permission to T'-O Engineers, 332 N. Broadmore submit the all applications pertaining to Reflection Assessor's Parcel Numbers are: 51130314842 5]130428100 51130417600 51130131530 51130131610 51130131550 the attached, and I grant my Way. Nampa, ID 83687, to Ridge. "1'he Ada County Tax 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of said property, which is the subject of the application. Dated this ~~ ~ day of ~~C~ i ~ , 2013.;,I\ SUBSCRIBED AND SWORN to before me the day and year first above written. ,,,•~~ffffffffflfffl ~~~~ POT~~, ~ i q ~pTAR Y , ~• o ary Pubti or (State), ~~~ Residing at ;'~~~~~~ ~-; Z ~ .~',l ~ ~'.~ L-{ ~ pUB[•lGt~~ My Commission Expires: 1 ~ f ~, •~~'••9~ OF ~~ REFLECTION RIDGE SUBDIVISION PHASES i & 2 30 UMPLE LN. v REFLECTION RIDGE N0.1 & N0. 2 VICINITY MAP SCALE: 1 " = 1500' Z ~ Z <' z_z i° a ~ '~' M,LO,Of.00N 'Q7! BdOHJ dSfL~O'I 'S ~ S .IB'0lLl M,LO,Of.00N ~ (y~j o /~ ~ j _~~- -.SB'CB8 ~. t~. W'SBf ~lH'SZi I`VVV/ `~ °o N °z z O 1~_ Q ~ Oa. W QA z~ w a w ~C ' N O !loZ~ i U '~ `Q~ ~ J a it ~ Ij ® s s ~~i N N 10 N n W o \ \ 1 1 1 I~ IU e ! °~ ~ 1 G a z / I ~ . 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"s. - ~ ~ m ~ r ~ ~ ~ ,~ r w S ~ F S R ~ _ ~ J 8 - - "'i .Z °~ ~ ~ ~~ "' °; %~/ro f~ ~ ,' , $' °j V Cj /d' 'N {~ F 9 n ° G~i ,~~„n ub2~! w~ O z C ~ Y 7 ~ w W T r R~,~ _9%' .R~. \ ~ l', ~r/ic ~U _ $ ,~ ate- ~ ~ em a ~';' ~ a,,'~/9• ,° a ~ w ~u ~ i ~ ~ i €o~~ ~ ~ § ~~~ ~~a ~ ~ N ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~~ } ~a~~ ~ ~_~ ° '''QQQ ~ ~ ~ b ~ ~~~~ '~ $~~~ ~ F~~4 a ~a~ ~ ~ z ~ ~ <= Q ~a~=o ~ ~ ~ ~e~~ ~, ~S'z °o ~ o~~0 8 n~~~ ~ ~ ~ i ~ ~ ~~~~ c g~€R ~ ~ ,~ 2~ < ~€B 'o $~ 9 € i aW 4~ 3~~~ ~N~~~g~~~"~ ~;e ~ ~n ' LL y 3 ~ ~W o ~~ 8~ ~~ ~ ~~so ~~'?~ ~-o~ ~s „e~;~~ ~~~~c~~~`o$~~~~~~ r<'SS ~ ~~', 4i i "7-FF~ ~ < m o m ~IF~ ~; q 't,!~~~ ~ ~lu~i~- ~ ~ eji ~v~ i~ ~ ~ ~ i,~i/ V y/~Y r~ it `~ °m ~d_ ;~~„~~fa=;LL~s~~wN~~ ~x~ ~y~ O OI 9 ~ F R3pmaapnz~ zJ3 ~a~o 6~~~ cs~,. ~w Vim' z _ „ .,.„m ~ mm___ _ _ Hearing Date: October 15, 2013 File No.: MFP-13-002 Project Name: Reflection Ridge Sub. 2 Request: Request for a modification to the final plat for Reflection Ridge Sub. 2 to remove the stub street to the north across the Ridenbaugh Canal, by Mission Coast Properties ID, Inc. Location: The site is located at 4275 S. Locust Grove Road, in the SE '/4 of Section 30, Township 3N., Range lE.