Bob Aldridge Email 1/29/14 CC~~rg
Machelle Hill
From: Bob Aldridge <bob@rlaldridgelaw.com>
Sent: Wednesday, January 29, 2014 2:51 PM
To: Bill Parsons; Bill Nary; Ted Baird; Jacy Jones; Jaycee Holman; Machelle Hill; Holly Binkley;
Laren Bailey (Ibailey@lei-eng.com)
Cc: Justin Lucas
Subject: Re: Falconers Place staff report for 01/16/14 P/Z MTG
Bill - f have researched what the predecessors in interest to the Mowerys signed regarding Maxfield Subdivision (the
assisted living proposal) and the chain of title as it relates to that, since I understand that the current proposal developer
has muttered something about prior agreements.
Originally, Maxfield sold the half acre portion of the property to David R. Gray and Natalie Gray. I cannot find anything
was contained in this transfer about later subdivisions or plats. I do not know what steps were taken legally for this split
of the property. Garrold Maxfield had purchased the property from the Nelsons as one tot in Golden Eagle. Garrold did
business in his assisted living developments as "The Cottages" through The Cottages LLC.
The Grays then sold the half acre to Donald E. and Karen I. Mowery in October of 2008. These are the parents of the
existing owners. There was nothing in the warranty deed about any carry forward agreements or conditions relating to
Maxfield that I can find. Shortly thereafter, on January 9, 2009, Donald and Karen each signed an Affidavit of legal
Interest, giving permission to The Land Group, Inc. (who was representing Cottage Investors II, LLC, Garrold Maxfield's
LLC for this property) to submit "the accompanying application". The documents with that were the Maxfield
Subdivision documents. So clearly that Affidavit was only as to The land Group, Inc. and as to the Maxfield Subdivision
as shown in the accompanying documents -the assisted living units. Garrold Maxfield also signed an identical Affidavit
on that same date, since the real estate was still in his name, not in the LLC. I have not tried to track whether, or when,
Garrold did or did not transfer the property to the LLC. The "final plat" shows Cottage Investors II, LLC as the
Developers/Owners, along with Donald E. and Karen I. Mowery.
Later, Donald and Karen transferred the property to their son and daughter-in-law, the current owners and occupants of
the property. Nothing in their deed had any carry forward provisions about developers etc.
So at this point, I cannot find anything in the record that would complete a chain from the prior Maxfield Subdivision to
the current proposed Falconers Place.
If you have any questions, please let me know. We are all ready to appear if necessary at the hearing on the 16th, if it
ends up being held.
Bob Aldridge
On 01/10/2014 04:34 PM, Bill Parsons wrote:
Attached is the staff report for the proposed Falconers Place preliminary plat, development agreement
modification and alternative compliance application (PP-13-039, MDA-13-024 and ALT-13-025). This
item is scheduled to be on the Commission agenda on 0:1/1 G/14. "I'he public hearing will be held at City
Hal(, 33 F.,. Broadway Avenue, beginning at 6:00 pm. Please call or a-ma.il with any questions.
Laren -Please submit any written response you may have to the staff report to the City Clerk's office
(jholman(cr~meridiancit~org, mhill(a,meridiancit ~~org, and jjones ,meridiancity.org) and myself (e-mail
or fax) as soon as possible.
Bill Parsons, AICP
Associate City Planner
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 8$8-6854
bparsons@meridiancity.org