Loading...
SelwayCERTIFICATE OF ZONING COMPLIANCE REPORT DATE: December 13, 2013 TO: Mike Brown FROM: Bill Parsons, Associate City Planner SUBJECT: Selway Clubhouse and Pool Remodel - CZC-13-150 and DES -13-141 OWNER: Selway Apartments LLC ' DESCRIPTION OF APPLICANT'S REQUEST The applicant, Mike Brown, requests certificate of zoning compliance (CZC) and administrative design review (DES) approval to construct a new pool, water feature, BBQ area, trellis, playground area and to install a new exterior window to the existing clubhouse at the Selway Apartment Complex located at 2552 W. Selway Rapids Lane. DECISION The applicant's request for Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) are approved with the conditions listed in this report. Note: This is nota buildingpermit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B - 14A. 4. The site/landscape plan prepared by Dennis Cudd Studios on November 27, 2013, labeled a-0.6 is approved (stamped "approved" on December 13, 2013 by the City of Meridian Planning Division) with no changes. 5. The elevations prepared by Dennis Cudd Studios on November 27, 2013, labeled a-0.7, a-0.8, a-0.9, a-1.10, a-1.20 and a-3.0 are approved (stamped "approved" on December 13, 2013 by the City of Meridian Planning Division) with no changes. Conditions Document Selway Clubhouse and Pool Remodel 6. The approved site/landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. S. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 9. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 10. If the subject property is part of a final plat that has not yet recorded, the applicant shall be responsible for all plat improvements prior to release of Certificate of Occupancy for the first structure within such plat. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (CUP -07-016; FP -07-018; CZC-08-020). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 8. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the approved use as set forth in UDC 11-4-3-27. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before December 30, 2013, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003, EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Conditions Document 2 Selway Clubhouse and Pool - CZC-13-150 Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until December 13, 2014. EXHIBITS A. Vicinity Map B. Site/Landscape Plan (dated: November 27, 2013) C. Elevations (dated: November 27, 2013) Conditions Document 3 Solway Clubhouse and Pool - CZC-13-150 A. Vicinity Map Conditions Document 4 Selway Clubhouse and Pool - CZC-13-150 B. Site/Landscape Plan (dated: November 27, 2013) NEW POOL ip iuB �i �pN Hpe oril' n PROPOSED SIZE PLAN C� Conditions Document 5 Selway Clubhouse and Pool - CZC-13-150 C. Elevations (dated: November 27, 2013) rl SEMI PRIVACY WALL C7 11117 10117101111111 n -TYPICAL POOL FENCE n PLAYGROUND DETAIL /\TRELLIS DETAIL p, o, X11/ i s a z k o R l� /11� /t ��� i 1 �OL SECTION SH An ME AILS OO' Conditions Document 6 Solway Clubhouse and Pool - CZC-13-150 POOL & &GRILL DETAIL aR LOWER (WEST) TRELLIS UPPER (EAS'D TRELLIS_ _ IO MT c x �(H� n SOUTH TRELLIS ELEVATION QFOn �a•_UMAIN ELEVATION m-.p.n w t7 _zyc O7�0 H 3 ND ,WM 0 ID � �No ~ NN, a-0.9 a-1.10 Conditions Document 7 Selway Clubhouse and Pool - CZC-13-150 FRONT SIGNAGE ELEVATION 2 e<..0 ux•_p.c• 1 FRONT SIGN PLAN [Cnwrcg _OM �a ,,,,,,,,,,,,,,,,,, y EXTERIOR WINDOW /1 MANhGER3 WINDOW a-3.0 Conditions Document 8 Solway Clubhouse and Pool - CZC-13-150 O =o h W WaN (1 MEETING ROOM ___ L,, LU d G p } W Z nN a-3.0 Conditions Document 8 Solway Clubhouse and Pool - CZC-13-150 E ITl� �AI�I;_-- �a� Planning Division CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: 40- lu. ' e f Gp d 4 ($, (W tc File #: C?C-15 `/ 6 Applicant/agent: N, flao)^- All applications are required to contain one copy of the following unless otherwise noted: Applicant (� " Description Staff N) Completed & signed Administrative Review Apj2lication Narrative fully describing the proposed use of the property, including the following: ➢ Information on any previous approvals or requirements for the requested use e ` (i.e., applicable conditions of approval or Development A reement) Recorded warranty deed for the subject property Affidavit of Legal Interest signed & notarized by the property owner (rf owner is a corporation, submit a copy of the Articles ofincorporation or other evidence to show that the person signing is an authorized s ent.) Written confirmation that a traffic impact study or change of use is not required and/or has been submitted for review to ACRD. Please contact Mindy Wallace at 387-6178 or Christy ' Little at 387-6144 for more information. Scaled vicinity map showing the location of the subject property - a Civil Site/Dimension Plan -1 full size co (folded to 8'/" x 11" size)Fy A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more (see UDC 11-3A-11) A `� Copy of the recorded plat the property lies within (8 %z" x 11") Address verification letter from Development Services (887-2211) Site Plan—* I copy (folded to 8 '/:" x 11" size). The following items must be shown on the siteplan: $'1'- m Date, scale, north arrow, and project name (scale not less than I"=50') • Dimensions C Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan • Parking stalls and drive aisles • Detail of bicycle parking facilities • Trash and/or recycling enclosure(s) location • Detail of trash and/or recycling enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if you prove no water ri hts exist to subjectproperty) • Sidewalks or pathways (proposed and existing) • Location of proposed building on lot (include dimensions to property lines) • Fencing (proposed and existing) • Calculations table including the following: ➢ Number of parking stalls required & provided (specify handicap & compact stalls) ➢ Number of bicycle stalls required & provided Building size (sq. ft.) ➢ Lot size (sq. ft.) ➢ Setbacks ➢ Zoning district Y Reduction of the site plan 8 'r/�" x 11") Landscape plan — *I copy (folded to 8 %z" x 11" size) Plan must have a scale no smaller than I " = 50'(1 " = 20' Is preferred) and be ow a standard - 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 02/08/2013) drawing sheet not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety, on a single sheet must be drawn with appropriate match lines on tiro or more sheets. The following items must be included on the landscapeplan: • Date, scale, north arrow, and project name • Dimensions • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan • Stamp/signature of a landscape architect, landscape designer, or qualified nurseryman preparing the plan • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood tains, high Eoundwater areas, and rock outcroppings • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction • Existing and/or structures, planting areas, light poles, power poles, walls, fences, berths, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, fire hydrants, stormwater detention areas, signs, street furniture, and other man-made elements • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one -foot contours • Sight Triangles as defined in I1 -3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements or within five feet of fire hydrants). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for spacing, staking, and installation as appropriate) • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: ➢ Width of street buffers, lineal feet of street frontage, and number of street trees Residential subdivision trees Acreage and percentage dedicated for common open space Acreage and percentage dedicated for qualified open space ➢ Number of trees provided on common lot(s) ➢ Mitigation for removal of existing trees • Planting and installation details as necessary to ensure conformance with all required standards • Design drawing(s) of all fencing proposed for screening purposes. Include height & material Reduction of the landscape plan 8 %:" x 11 ") Building elevations showing construction materials — *1 coy (folded to 8 ''/x" x 11" size) ; Reduction of the elevations (8 %" x 11") Electronic version of the site plan, landscape plan, & building elevations in pdf format submitted on a disk with the files named with project name & plan type (i.e. site plan, landscape plan, elevations, etc.). We encourage you to submit at least one color version. If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per §67-6519 Fee (If this project had prior approval on a site plan, reduced fees may apply) 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 02/08/2013) CVElkI !A yee Planning Division t n ft o ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) O Accessory Use O;Alternative Compliance Certificate of Zoning Compliance O Certificate of Zoning Compliance Verification onditional Use Permit Minor Modification esign Review ❑ Private Street O Property Boundary Adjustment ❑ Time Extension (Director) El Vacation O Other Applicant Information Filenruu^mber(s): C ..l ' it i 6- 77 Project name: , � ti ' tt_; .. 1 611,d,` 23,'i€)�c.. Date filed: Datcomplete: Assigned Planner.."h'f(�' f,=a�,ii,�-ti^d''i Related files: 6yio-0 0 Applicant name: ���1��1'��-1,y Phone :.�..iiFl -i(� Applicant address: '(� 'VV, D�10b Zip: E-mail: M'iVS.6tot--0a0-600- ❑',.. s Applicant's interest in property: ❑Own Rent ❑Optioned tp Other Owner name: /n, G dl, (.tri /,,d Phone: J'vax: Owner address: rJ � ri'1 bol t�Zip.`911 2 E-mail: Agent name (e.g., architect, engineer, developer, representative): Ih°iVIY)_ QiVI e, t.%t� ���jjj,,,...---�� 14),v �Vf I IS P,i�_AA "71't2SI;( 0-7 Phone: '�I'7��+(y 9 Fa`ji� Firm name: rr�� 22 � �t Address: JIQ;J AL -6k �t� c�t:Jc-ro,l Zip: 770 E-mail: vi In Primary contact is: ❑ Applicant O Owner KAgent O Other Contact name: Contact address: Information Location/street address: Assessor's parcel number(s): IV P Township, range, section: Current land use: Phone: Fax: Zip: E-mail: Total acreage: 11✓• ' Current zoning district: K -A 33 E. Broadway Avenue, Suite 102 ^ Meridian, Idaho 83642 Phone: (206) 884.5533 a Facsimile: (208) 888-6854 • Website: www.moddiancity.org 1 (02i08rz0r3) Project/subdivisionname:�WOIr- General description of proposed project/request: Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary, or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units LJV Clyi,i>j P Number of building lots: v%0 elctil e Number of common lots; n„ t . uc c7 Number of athor lots: 1-.lAr w= e Proposed number ,oyf dwelling units (for multi -family developments only): ISL I bedroom: t • 2 - 3 bedrooms:4� . (� 4 or more bedrooms: fit - Minimum square footage of structure(s) (excl. garage): Proposed building height: -I • i _ Minimum property size (s.fy 64.(- ` /� Average property size (s.£): Gross density (DU/acre-total land): SVS� fi�r-- • Net density (DU/acre-excluding roads & al/lleys): _ C . Percentage of open space provided: IV IL . Acreage of open space: IS)t Percentage of qualified open space acreage: iNN\. C. (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): r^ Amenities provided with this development (if applicable): ,i t' 6L., Type of dwelling(s) proposed: ❑ Single -fancily Detached 'YSingle-family Attached O Townhomes 0 Duplexes O Multi -family ❑ Other / Non-residential Project Summary (if applicable) Number of building lots:_ Gross Boor area proposed: _ Hours of operation (days and Percentage of site/project devoted to the following: Landscaping: Building: Other lots: Existing (if applicable): Building height: Paving: Total number of employees: Number and ages of students/children (if applicable): Total number of parking spaces provided: Number of compact spaces provided: — Authorization Print applicant name: Applicant signature: Date: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 a Facsimile: (208) 888-6854 • Website: www.meddiaiicity.org 2 15 of 20 DENNIS CUDD STUDIOS, LLCM 5103 Alba Road Houston, TX 77018 717.568.3147 t' s Selway Apartments 2552 West Selway Rapid Land Meridian ID 83646 Narrative: The Scope for this project is for the remove of the existing pool, playground and BBQ area. The prosed addition is for a new pool, water feature, BBQ area, trellis, playground and associated paving/fencing. Interior to the project the scope includes the removal of one wall and door. The proposed addition is for the addition of a new wall, door and a half wall. 2552 West Selway Rapid Lane 15 of 20 Page 7 TN Meridian City Hall, Suite 102 OWEI\JIDI�N 33 E. Broadway Avenue Meridian, Idaho 83642 Community Development 208.887.2211 Department Address Verification Date: 12/3/13 The address information below has been researched and verified as the "correct address" by the City of Meridian Community Development Department. Project Name: Selway Apartments Address: 2552 W Selway Rapids Lane Zip Code: 83646 Subdivision Selway Apartments Subdivision Lot/Block: 1/ 1 Parcel: R7805910100 1) The address has been assigned based on available information. This address should be considered temporary. Final address to be assigned upon completion of development. 2) This address will be required to connect to municipal services per Meridian City Code 9-1-4. Municipal water is available for connection at this location. Municipal sanitary sewer is available for connection at this location. This property does not currently have municipal services available. 3) —X—This is an existing structure that is currently connected to municipal services. ALL PLANS BEING SUBMITTED TO THE CITY OF MERIDIAN WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE) AS REFLECTED ABOVE. Ph: 208.887.2211/Fax 208.887.1297 Address Verification www.meridiancitv.ore • Inspection Line 208.887.1155 Rev: 07/2012 5 of 20 hof 20 A"WAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) r... MA -VY F4- M' Civ h 2t- 4- Zob t? .� �a.Vi'�YuVICrISG(0�' �Gt,�i` fyVYi1 d( (address) ._� (city) !state) being fit st duty sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: DMY1i5 e10'3 (tame). (address) to submit the.accompanying application(s) pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from- any claim or liability resulting .from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant .permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to pro cessing said applicadon(s). Dated this �i I _ _day of 'V L � M' _,20, 1 SUBSCRIBED AND SWORN to before me, the day and year first above w Litten. S 5 e orsp t' V (Notary Public for Idaho) A Residing a o, 1�. cccN ME o , � My Commission Expires: 33 R Broadway Avenue, Suite 102 • Meridian, Idaho 83.42 Phone, (20818844.113 • Pacsinfile, i208)898-6854 • Wrbsne: www.meridi wJty org (Rep. MM0)3) 6 of 20 State of California County of Z�C6 . c` t.s C Q CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT �- ( r `.�-� / r On fff _before me, Ctslu'. Ftov O® a L -'tart �satO1c,t (here Insert name Blind title of the officer) I personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. e I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official OPTIONAL INFORMATION d EDWIN F. HOUTKOOPER r dd Commission # 1992950 z Notary Public - Callfornla San Francisco County eon m. Expires � (Seal) Although the Information In this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of gAckk lie gme t is a/tttachled to a document titled/forthe purpose of A I tc 16 ,1 � f L-Cw ¢../1 containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ �5ornWln-Pact ®'Corporate Officer(s) FO aiders) ❑ Guardlar✓Consenator ❑ Partner - Lim)tedtGeneral ❑ Trustee(s) ❑ Other: representing: Nome(s) ofD¢nonls) or Ennryees) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence. Lo form(s) ofidentxlcatlon O credib)ewnness(es) Notarial event Is detalled In notarylournal on: Page# Entry# Notary contact: ❑ Additional Signer(s) ❑ 51gneds)nlumbprinus) Q Copyright 1007 No[arynorarl,Inc. 92579th 5t, DOf M0111MIA 50312-361] form AC Kea. 10107. lore-omer, call toll-free l-a;7-349.65ea 01 Volt us an the Imemill at hitw1w.m.no(arynnalydo91of 20 8 of 20 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 25.00 6 SOISEIDAHO 03114/2013 011:46PM DEPUTY Bonnie Oberbillig N aim OR Electronic Recording �II'lIIVIII��IIIIIII�II�I'III�II�"'�I�'IIU�I'IIII"�'Illllldi RL+CORDED•REQUEST OF u STEWART TITLE - EMERALD OFFICE 113027276 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: Allen Malkin Lock Gamble Mallory & Natsis LLP Three Embatcadero Center, 12'" Floor San Francisco, CA 94111-4074 Attention: Lee Gotshall-Maxon, Esq. O jcg0—LfQ.3,2 p,k--- (Above apace ForRecordoes Use Only) SPECIAL WARRANTY DEED Solway Apartments, LLC, an Idaho limited liability company ("Grantor''), for good and valuable consideration, in hand paid, hereby sells and convoys to HZ Solway Apartments, LLC, a Delaware limited liability company, HZF Solway, LLC, a Delaware limited liability company, RAW Avalon Solway, LLC, a Delaware limited liability company, DPH Seaway, LLC, a Delaware limited liability company, P & K Aspen Solway, LLC, a Delaware limited liability company, and JPH Aspen Solway, LLC, a Delaware limited liability company, as Tenants in Common, whose interests as Tenants in Common are held in the percentages set forth in Exhibit "B" attached hereto (collectively, "Grantee"), all of Grantor's rights, title and interests in and to the following property situate, lying and being in the City Meridian, County of Ada, State of Idaho, described on Exhibit "A" attached hereto and made a part hereof, also known as: "Solway Apartments," in the City of Meridian, Idaho and assessor's schedule or parcel number: R7805910100. TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining, the reversion ori reversions, remainder and remainders, Issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, oly in and to the above bargained premises. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its heirs and assigns forever. Grantor, for itself and its successor and assigns, does covenant and agree that it shall WARRANT AND FOREVER DEFEND the above -bargained premises unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming title to the whole or any part thereof by, through or under Grantor but not otherwise, in each case except for the following matters: 1. Taxes and assessments which are a lion, but which are not yet billed, or are billed but are not yet due and payable and any assessments not shown on the public record; standby fees and taxes for the year 2012 and subsequent years and subsequent assessments for prior years due to change in the land usage or ownership; 2. Easements, covenants, restrictions, agreements, reservations and other matters which are set forth on Schedule 1 attached hereto and made apart hereof; 868063,03/sF 183256.00019/12.12.12/19WSo •t- 8 of 20 9 of 20 Electrlrnion!�y recorded — Do no remove the county stamped firs Racc�rcj�ed Electronically page as it 1e now incorporated as part of the original document. gaiety — nme- Sf pll5 e•com a00.4fie.5a57 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: Allen Matkins Leck Gamble Mallory & Natsis LLP Three Embarcadero Center, 12s' Floor San Francisco, CA 94111-4074 Attention: Lee Gotshall-Maxon, Esq. oia%-40-2 *,c -- SPECIAL WARRANTY DEED Space par Recorder's Use Solway Apartments, LLC, an Idaho limited liability company ("Grantor"), for good and valuable consideration, in hand paid, hereby sells and conveys to HZ Selway Apartments, LLC, a Delaware limited liability company, HZF Seaway, LLC, a Delaware limited liability company, RAW Avalon Solway, LLC, a Delaware limited liability company, DPH Solway, LLC, a Delaware limited liability company, P & K Aspen Solway, LLC, a Delaware limited liability company, and JPH Aspen Solway, LLC, a Delaware limited liability company, as Tenants in Common, whose interests as Tenants in Common are held in the percentages set forth in Exhibit "B" attached hereto (collectively, "Grantee"), all of Grantor's rights, title and interests in and to the following property situate, lying and being in the City Meridian, County of Ada, State of Idaho, described on Exhibit "A" attached hereto and made a part hereof, also known as: "Solway Apartments," in the City of Meridian, Idaho and assessor's schedule or parcel number: R7805910100. . TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining, the reversion of reversions, remainder and remainders, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the above bargained premises. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its heirs and assigns forever. Grantor, for itself and its successor and assigns, does covenant and agree that it shall WARRANT AND FOREVER DEFEND the above -bargained premises unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming title to the whole or any part thereof by, through or under Grantor but not otherwise, in each case except for the following matters: 1. Taxes and assessments which are a lien, but which are not yet billed, or are billed but are not yet due and payable and any assessments not shown on the public record; standby fees and taxes for the year 2012 and subsequent years and subsequent assessments for prior years due to change in the land usage or ownership; 2. Easements, covenants, restrictions, agreements, reservations and other matters which are set forth on Schedule 1 attached hereto and made a part hereof; 868063.03Isp 183256.00019112-12-12fl9W18m -1- 9 of 20 10 of 20 3. Any laws, regulations or ordinances (including, but not limited to, zoning, building and environmental matters) adopted or imposed by any governmental agency as to the use, occupancy, ownership, subdivision or improvement of the above -bargained premises; and 4. The rights of tenants, as tenants only, under all leases affecting the above - bargained premises. GRANTOR: Dated: March %2013 Selway Apartments, LLC, an Idaho limited liability co any By: Name: K m Rudeen Its: General Manager 669063.03/SF 153256-00019/12.12-12/lgdl®a -2- 10 of 20 11 of 20 STATE OF tiletdm r6rr ) )as. COUNTY OF sAa KaMP ) On Mm,1 k lit 2013, before me, Q, k&L 4444n, Notary Public in and for said state, personally appeared 44eu.., O-ud a t., , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity in behalf of which the person acted, executed said instrument. (Seal) WITNESS my hand and official seal. Notary PON Stag of Washington 0 KIRK KAPPEN My AppointmentEaplres Apr 14t 2015 Signature Notary in IuQ for said State 868063.031SP 183256.00019/lYi2-12/1amngM .3- 11 of 20 12 of 20 h `OJ -1y1 LEGAL DESCRIPTION Real property in the City of Meridian, County of Ada, State of Idaho, described as follows: Lot 1 in Block 1 of Selway Apartments Subdivision, according to the official plat thereof, filed in Book 102 of Plats at Pages 13575-13578, records of Ada County, Idaho. Tax Parcel Number R7805910100 868063.03BP 18325600019/12.12-12A8mg8m -4- 12 of 20 13 of 20 PAR. :: :, PERCENTAGE INTERESTS OF TENANTS IN COMMON TENANTS IN COMMON NAME HZ Selway Apartments, LLC, a Delaware limited liability company HZF Selway, LLC, a Delaware limited liability company RAW Avalon Selway, LLC, a Delaware limited liability company DPH Selway, LLC, a Delaware limited liability company P & K Aspen Selway, LLC, a Delaware limited liability company ]PH Aspen Selway, LLC, a Delaware limited liability company 868063.0318F 1632sbo0019/12-11-12/19AHM -5- PERCENTAGE INTEREST 18.9519% 31,8182% 7.0387% 10.9091% 9.2727% 22.0094% 13 of 20 14 of 20 Schedule 1 to Special Warranty Deed Permitted Title Exceptions 1. Water rights, claims or title to water. 2. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof. 3. A Development Agreement, and the terms and conditions contained therein; By: City of Meridian and between: Leroy E Brandt, Elroy Brandt, Marty Goldsmith, Daniel & Carolyn Gibson Jr & Justin & Tamra Martin and Farwest, LLC Recorded: January 24, 2003 as Instrument No. 103012598, records of Ada County, Idaho 4. An Easement Agreement, and the terms and conditions contained therein; By: Kevin A Howell Construction, Inc and between: Daniel G & Carolyn A Gibson, h/w Recorded: April 28, 2004 as Instrument No. 104051457, records of Ada County, Idaho. An Addendum to Easement Agreement and the terms and conditions contained therein, recorded December 20, 2004 as Instrument No. 104160923, records of Ada County, Idaho 5. A Construction, Operation, and Maintenance Agreement for SeIway Apartments, and the terms and conditions contained therein; By: Settlers Irrigation District and between: Selway Apartments, LLC Recorded: June 2, 2008 as Instrument No. 108064182, records of Ada County, Idaho. 868063.031SF 183256.00019112.12-12119MOgm -6- 14 of 20 R o MS ® MO o Cd1 go Z o� w` W 6 •t� E B S am w Tvv�°s Vl u Q s� � s° i a 5 9�o zm NSC'., Wi° s p x zpo Y S i $g9 pj 6 s m Q u g +tlaa Z wpm° 4 N Y Im o O J f 2m `-- L3 9 a i I G o PF 4 c, \ 0 6511 b oov\�Et C•� $ F -I 1 -WV v_ °81 a I R` w6�3z /•� � I � m$s«aRn 66 om 6 wF-, N m68vz=e X56 $�'� o 0 FD Q ms°6QE^ § =o ER Som Z R Y, z (0) 00 pp n IJ X13 W 5A Ell sa Q v 0;: Q a &• 4 2m m�! � �Sa x° �•c S6 y z 1 Qo H III�1I m� �Rsy9m €^- �na�a l mb§Z «� C nf8 10 u' til z i h nEo yY 3SR bs` tt ww3 r w €E _ � we� az�ezoox � /I aao oaE�R� $ SR ¢b - SC'.S1Sa'1�1�SSS '___ xn J rc 5'-"• m T' ,{0'66£13„Z t,6Z.00N.00;�zmF—�v z �€ob �.�. E o w w 3 0 U a (3.61,mm) •• 6'& ° E'� $ ` afl*o ��`„mn I EIIS"82R 680 m u a t*ZOt-£t0t SADYd W N000 m z 0 $ $ ° E Z 'ON NOISIAIOfi05 VN0a3A fr m J.,305'. 0$^ a$ J �UVU avoa 31Iw Na 'N ” � mg tt�,tt '�i°t 41 'NVIGRJ3W 9b9£8 3NV'I C31dVM kVM"13S iS3M zgg2 OOd 'Cj ONISV3l S1N3WI2AVdV ),VM -13S t. y I l�pb. �0 it 133HSbDnOO 9 (B O �1 El,)I t g 9 N Oy C `cd -LL iva 'mss y o w `c ooh w n ppm cvK SW mo �-NcayLLN Y o c � 2 2 Em aF c o be°�°�aQoo z° w � �qoq� «''�� oo •�' � '� °o dadanaddn O 6 QQ6QQ QQQQ QQ Q tp hN n NNmNNmI/f/N O L z ul f K o N c Eo �.➢ w ))< � d)'f p. N 9_U LVV 6 F'o�W PMZ OR 0,-7( OON2rg9rn m�UMWU�� Kp, SASS SA O 3 s O a m O Z Q z t g �v 5 av 9 za nULLm � 8 WK rbc ffcSc yallo 6Noo'er m gin Eo° O�v � rcwm` 3'INxv�p` 5� o N 3 s Z Q 4 t g u f Y rbc e�� Z_ '3 0 N S 5 R t ,; \\y/y (/\ d2jd !� e_.� M \ /\M /s z oa�a,� ,=uW1»a «ma |co | 6 . \ im \ IN � 2 8NUSIX ; -------- , @ MI i. * J 9 team 1-2 \sap / 2\SMO Z2 J \ Nl� � � g _mmw I' 3NV-1 CliclWA amen e3 zggz | <:/$ od��SV3 ami 2yd° | CD - > WwE\• NVId i m 3ISwl9V-10o 2 :2S >; ! !:` • z - \\ \ 1 C r II OI 'NVIO12l3W 3NYI 41dVa IVM139 193M 2ggZ OOd 'Q ONISV3l S1N3WIMVdV "M -13S �i �I�t 9 SIIV134 SI113HI V GNf102!9AVId Co abs sb� Yb� >s .Fb 9 m i. Ydl SbTpg bd A41 abs sb� Yb� >s .Fb 9 m i. A 1 49 E 0,A r � i 9b969 al 'NVIola3W 3NYI (31.1 1 ),VM -13S 1S3M 29;92 OOd ' 2 ONISV31 S1N3WINWIV AVM -13S !/ co R{ i Slid134 IOOd F ca =_- i¢irl9�Is9��ii4E O A 1 49 E 0,A r � i !/ a O .Mn am z I i � i IIS yyk y� y \ / A 1 49 E 0,A r � i !/ a .Mn am z I i � i IIS yyk y� qk E W U Z 0 MI ° ag -AW,!t, rp; ;g°is��, I! ! 4ae@ 9b9E9 a1 'NVI(3lM3W 3NbI ❑IdV2i "M-13S 1S3M2992 OOd V ONISV31 S1N3WIHVcIV ).HM138 v/ SNOIl dA3l3 9I113211 g co a r' vasa 9b9£8 OI `NVIOI2d3W Q 3NV-1 0IdVH AVM73S 1S3M ZggZ �' �OOd 'Q E)NISb31 S1N3W1HV" AVM -13S 5 diqnOUVNHnllV NId1Nnoj (� h MA • w+:« ~ aa'_,. w ,� c_. wma -Ls3m | C) N o cl, _SV3 ,S -LN _-Lb] u*am3S ! . *SIN] Iv NgG @ ± ©':z �� \ \ ( 4« LLI § z M Y¢5�8s 09, Y 4B �8n] :z s e � § 03;`3➢ s� �r §k gh �C C hj 4Mn.1 3 Ap Y� w G? 5 Vs ee Q 5 Of M 43h 645 < �psec '= g"g ;g a glni ze Is- El. ip§c "YY egg En �3e3sE§�y,�Y- � u ism 5`§, ae a sa4 W. m 9b9E8O1'NVIOIN3W t T— 3NV1 aldVN AVMl3S ISM ZSSZ IOOd 19 JNISV31 S.LN3W1NVdV AVMl3S 2 ° F SIM30 / S311C)N iv/ j 11omus M Y¢5�8s 09, Y 4B �8n] :z s e � § 03;`3➢ s� �r §k gh �C C hj 4Mn.1 3 Ap Y� w G? 5 Vs ee Q 5 Of M 43h 645 < �psec '= g"g ;g a glni ze Is- El. ip§c "YY egg En �3e3sE§�y,�Y- � u ism 5`§, ae a sa4 W. m - � 9t,9 ee'NV \mn \ \INVIO N am »� mz ! ! O ' 30d299NISV2emNVd v#M13 . . @�1¥�z2�N,Am�as} � \ m a E TT � !` ii »' \\ \ @� Ee m'__» »ro_.»m3Is3m ! , \§qd 0a12_sa,�,«a_ »mom ! i /—�- � � • ; 2 « y.yy (9995 SNOLVA]]] HOm]IN|i @ , CQ�±w � \ $ /—�- � � � \ \ || /; \)\ I ; HZ m! m` )! z 0 � 3 Y�'F1t;l',€es9g 9b9E8 al 'NVIOI2i3W 3NV I OIdVM AVMl3S 1S3M 0Od V ONISV3l S1N3WIMVdV ),VM -13S n- 9 NVId 03SOdOHd F7,1 HillRi S 0 F DDD 3J N