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HomeMy WebLinkAboutPZ25-0016 PZAPP CITY OF CITY OF TWIN FALLS r "N I*A" COMMUNITY DEVELOPMENT SERVICES Received P.O. Box 1907 203 Main Avenue East 01/24/2025 Twin Falls, ID 83303 PO4�� �0Qv PH: 208-735-7267 tfplanning@tfid.org Q SFRVIµb PUD/ZDA AMENDMENT Pre-App Meeting Date: 1-21-2025 Date of the Application: 1-22-2025 Application No.: PZ25-0016 Fee. $1040) In .cid A. APPLICANT INFORMATION: 1. Name of applicant:Gerald Martens Mailing Address: 621 N. College Rd., Ste. 100 City:Twin Falls State: ID Zip: 83301 Phone:208-734-4888 Cell P one:208-420-2461 E-mail:gmartens@ehminc.com Applicant Signatu : ' 2. Name of Applicant's Representative . Gerald Martens Mailing Address: 621 N. College Rd., Ste. 100 City:Twin Falls State: ID Zip: 83301 Phone:208-734-4888 Cell Phone: 208-420-2461 Email Address: gmartens@ehminc.com B. REQUEST INFORMATION: 1. The following is a request that the Sun West Subd's PUD/ZDA Agreement between the City of Twin Falls, Idaho and BCM&W Family LP, KLS&M Family LP, Canyon Vista Family LP & Lazy J Ranch, Inc. be AMENDED as follows: See Attached. PUD or ZDA Amendment APPLICATION(05-2024 ke).doc C. PRIOR TO ACCEPTANCE/SCHEDULING OF THE APPLICATION THE APPLICANT MUST PROVIDE THE FOLLOWING: 1. The applicant must prove control of the property for which the request is being made by providing ONE of the following: a. Copy of Warranty Deed, or b. Copy of Earnest Money Agreement orContract of Sale,duly acknowledged by BOTH Buyer and Seller. 2. Property Notification List The applicant must provide a consolidated list of names and addresses of all property owners within the specified distance from the subject property perimeter as listed below. The Director of Planning and Zoning may require notification to additional areas which may be impacted by the proposed change. Zoning District of Subject Property Notification Distance AG, SUI, R-1 VAR, R2, R4, RM, OS 500 Feet R-6, MHO-1,AP, CB, C1, CM, OT, RB, CSI 750 Feet M-1, M-2 1000 Feet The property owner mailing list may be obtained from either of the following: • Twin Falls County Assessor's Office:630 Addison Avenue West,Twin Falls,ID83301OR • ATitle Company of your choosing. The completed list of names, addresses, and parcel numbers must be submitted back to the Zoning &Development Departmei in order for your request to be scheduled for a public hearing. 3. Provide a Detailed Written Statement On A Separate Sheet Of Paper Containing: a. Explain in detail the reason for the request; describe/include the specific changes and how they differ from the approved PUD/ZDA and the Master Development Plan. b. Submit the current PUD/ZDA showing the proposed changes and include an Amended Master Development Plan(callor). c. Explain in detail how this change could effect the development. d. Explain in detail how this change could affect the surrounding area. Planning and Zoning Application Refund Policies and Procedures A refund for a portion of the application fee may be granted, provided a written request is made by the applicant, requesting the withdrawal of application, and is subject to the guidelines listed below: • 85% of application fee may be refunded if no staff application review has been completed. • 50% of application fee may be refunded once staff review has been completed. (within 35 days of Public Hearing) • No refund for permit applications withdrawn after Public Hearing Agenda has been posted. (within 48 hours of Public Hearing) PLO or ZDA Amendment APPLICATION(05-2024 ke).doc Application Process: 1. Contact the Planning&Zoning Department,735-7267 or 203 Main Avenue East,to determine basic zoning regulations and application procedures. 2. Submit the application with the required attachments and fees, (see application) (Milestone 1) 3. Staff reviews the completion of the application and the need for additional information if necessary. 4. Once staff has determined the application is complete and ready the request is scheduled for a public hearing. (Milestone 2) 5. Once scheduled staff submits the public hearing information to the Times News for publication. 6. A Public Notice Packet will be emailed to the applicant with instructions for mailing and signage posting deadlines. 7. The applicant is required to mail a copy of the public notice letter provided by the City of Twin Falls to each property owner within a specified perimeter of the property under review,and any additional area that may be impacted by the proposed change as determined by the Zoning Administrator. 8. The applicant is required to submit a signed Affidavit of Mailing and Posting to the Planning &Zoning Department as proof that the letters were mailed and the public notice sign was posted within the specified time (Note: If the mailing and posting requirements have not beer met the request will be withdrawn from the agenda.) 9. A staff report regarding the applicants request, including-staff analysis and recommendations,will be emailed to the applicant prior to the public hearing. (Milestone 3) 10. The public meeting is held at Twin Falls City Council Chambers, 203 Main Avenue East, beginning at 6:00 p.m.on the scheduled date. 11. At the public meeting,staff will present their analysis of the request and make recommendations as necessary for the Planning&Zoning Commission to consider. 12, The applicant, or applicant's representative,shall present the request to the commission.This person should be prepared to answer any questions the Planning&Zoning Commission may have,and address any concerns presented by the public at the time of the hearing. 13, The Planning&Zoning Commission will then deliberate and make a recommendation for approval to City Council, based on the evidence presented,and the recommendations made by the staff regarding the request. 14. The Public Notice process steps repeat for City Council. 15. City Council will hold a Public Hearing and make a decision based on the evidence presented at the hearing,staff recommendations and the recommendation from the Planning and Zoning Commission, 16. The applicant or any affected person(s)who appeared in person or in writing before the Commission may appeal the decision of the Commission to City Council, provided a completed Appeal application,with payment, is submitted to the Planning and Zoning Department within fifteen(15)days from the Commission's action. 17. Upon receipt of an appeal request due to the actions of the Commission,the City Council shall set a public hearing date, under the same provisions as the Commission hearing,to consider all information,testimony and the Commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold,or overrule the decision of the Commission. PUD or ZDA Amendment APPLICATION(05-2024 ke).doc Reason for Request The reason for the requested Amendment to the PUD is to allow development of commercial building with outdoor storage and display of products for sale as currently allowed in a C-1 Zone. The proposed change will have no impact on the other portions of the Sun West PUD. Others then allow similar development in C-1 Zone. The proposed change will have no impact on surrounding areas. Culver's RPT56980t 1088110010050 38110000OAA II � ��336448 00100A0 _ - --- _ Pole Line Rd Pole Line Rd RPT00107040616 1tr2"3 4000 N Pale Line Rd Pole Line Rd i I RPT38110010070 I j RPT52000020060 RPT52000020080 RPT38110010080 V RPT52000020040 RPT52000020090 R PT38110010090 _. RPT52000020030 RPT52000020100 RPT0010704245E C m _ Kneaders RPT51990010020 AO RPT00107050030 RPT52000020110 ger King i RPT51990010010 RPT00107050040 RPT00107043445 RPT1251000001 C - - - - RPT45960010050 !r I RPT08650010010 -`� 1 1�!.4 0!51 42.5... � v Frr PJAZA N:::,A. I I;(-" , FFMA I=:ri Crlmmimity M mz�(-nntr TWIN FALLS COUNTY RECORDED FOR: TITLEFACT, INC. 11:56:26 AM 10-03-2018 2018015684 NO. PAGES 7 FEE:$15.00 KRISTINA GLASCOCK COUNTY CLERK DEPUTY: CA Electronically Recorded by Simplifile RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Hawley Troxell Ennis&Hawley LLP Attn: Paula L.Klulcsdal 877 Main Street, Suite 1000 P.O. Box 1617 Boise, ID 83701-1617 ­7 1 (SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made effective as of this 2nd day of October, 2018, between BCM&W FAMILY LIMITED PARTNERSHIP, an Idaho Limited Partnership ("Grantor"), and DeVan, LLC, an Idaho Limited Liability Company, whose address is 1952 E 3600 S, Wendell, Idaho 83355 ("Grantee"), witnesseth: That Grantor, for and in consideration of the sum of Ten Dollars and No Cents ($10.00), and.other good and valuable consideration, the receipt whereof is hereby acknowledged, does, by these presents, convey unto Grantee and its successors and assigns forever, all the following described real estate situated in the County of Twin Falls , State of Idaho. SEE SCHEDULE I ATTACHED HERETO AND INCORPORATED HEREIN. Hereinafter referred to as "Burdened Property." Subject to the restriction that the Burdened Property shall only be used as a car wash. This restriction shall be a burden upon the Burdened Property, shall run with the land, and shall be for the benefit of Grantor, and Grantor's successors, assigns and affiliates, and for the benefit of and appurtenant to each and every part of the property described on Schedule II attached hereto and made a pant hereof, whether owned or leased, in whole or in part, by Grantor, or Grantor's successors, assigns or affiliates (such property being collectively referred to as "Bepefitted Property"), For purposes of the preceding sentence, "affiliates" shall mean a any company in which Grantor, its successors or assigns own (directly or indirectly) five percent (5%) or more of the voting stock or interest or which is a company that owns (directly or indirectly) five percent (5%) or more of the voting stock or interest of Grantor, its successors or assigns. The term of this restriction shall be for a period of sixty-five (65) years from the date hereof. If in any judicial proceeding a court shall hold that the duration, scope or area restrictions stated in this restriction are unreasonable under circumstances then existing, the parties, and their respective successors, assigns and affiliates, agree that the maximum allowable duration, scope or area reasonable under the circumstances shall be substituted for the duration, scope or area stated in this restriction, SPECIAL WARRANTY DEED - 1 49329,0001,11384781.1 y Reserving unto Grantor any and all rights and easements of record which benefit any of Grantor's other property, Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the rents, issues and profits thereof, and all estate, right, title and interest in and to the Burdened Property, as well in law as in equity, except as expressly provided otherwise herein. To have and to hold, all and singular the above-described Burdened Property together with the appurtenances unto Grantee and its heirs and assigns forever. Grantor makes no covenants or warranties with respect to title, express or implied, other than that previous to the date of this instrument, Grantor has not conveyed the same estate to any person other than Grantee and that such estate is at the time of the execution of this instrument free from encumbrances done, made or suffered by the Grantor, or any person claiming under Grantor, subject to any and all easements, restrictions, agreements and encumbrances of record or appearing on the land as of the date of this instrument. GRANTOR: BCM&W FAMILY LIMITED PARTNERSHIP, an Idaho Limited Partnership By: BCM&W LLC, an Idaho Limited Liability Company Its: General Partner Ga illiams, Managing Member SPECIAL WARRANTY DEED - 2 49329.0001.11384781.1 CONSENTED TO: DeVan, LLC, an Idaho limited liability company By: Wil ' m DeJ g, er Donald VanderPoel, ember SPECIAL WARRANTY DEED - 3 49329.0001.113 84781.1 STATE OF UTAH ) ss County of W d6,,w ) On this 2I day of Se?4- , 2018, personally appeared before me, personally appeared Gary J. Williams, whose identity is personally known to me (or proven on the basis of satisfactory evidence) and who by me duly sworn/affirmed, did say that he is managing Member of BCM&W LLC, an Idaho Limited Liability Company, and that said document was signed by him in behalf of said Limited Liability Company by Authority of its Bylaws, or(Resolution of its Members), and said Gary J. Williams acknowledged to me that said Limited Liability Company executed the same. WITNESS my hand and official seal. [notary seal] NOTAR UPY BLIC rw� NEALTOLMAN COMMISSION EXPIRES MAY 19,2019 STATE OF UTAH otary Public f r Utah SPECIAL WARRANTY DEED -4 49329.0001.11384781.1 STATE OF IDAHO ) ss County or '►►J ��S ) On this 0& day of �s� a-�at,�-� , 2018, before me, the undersigned, a Notary Public in and for said state, personally appeared William DeJong and Donald VanderPoel, as Members of DeVan, LLC, an Idaho Limited Liability Company, known to me to be such members and the persons whose name is subscribed to the within and forgoing instrument, and acknowledged to me that he executed the same, on behalf of the Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. o Public for dyrJ r40 �, Residing at 00 My commission expires Z3> -6a6 44 SPECIAL WARRANTY DEED - 5 49329.0001.11384781.1 SCHE➢ULEI Legal Description Lot 1, Block 1,SUN'WEST SUBDIVISION NO. 1,A PUID,Twin Falls County, Idaho,according to the official plat thereof recorded in hook 26 of Plats,page 7,records of Twin Falls County,Idaho, SPECIAL WARRANTY DEED - 6 49329.0001.11384781.1 SCHEDULEII Legal Description Of Benefited Property 'ItYts Is to cort)(y that.the und6rosud Wtho otor ao wrwvwt#wa of the aw rt tp**si!>I'ople of tht fallowinq.des Abod propv4 Rooted In o portkalg atf Goveffimertt tnts 2 and 4,$4010114,7bwnshlp III Soutto trr ll"! sz, fWso ter7tltan,Ywlrt Ifatlb totatpry, trtcw idblhcrl;�Id tttapa+ belttit r s111�t11y de&WW os Fallawk Cotrttt icoft at klieg west quartet ar►mdrof SWIdn 4;!1d potrit Plus$�w o W012011 West 2%5.00 faot. fmm the ftrtltlhwtcom eta(eR dStWoh4,, lbenrre,North W02V Ont 12313 fitt to tha,struthwost eoroorof aale 66lmeambr9l W 4 of secitan afore, %0 01AAN OW 00-01(efti ftntrt,ltavte1 0111 moth WuntkatV,NQ(th Q*AZ%1r FAR 10.00 f"t to Ot AgAt POINT OF 044INNIf +7�h,,e i+M���.yC��b ty1�4,*y.��'�5�ky"+s`d/sk�3tti•,Q.�Qy f�ffO, hence,17wh�X?S11101 e#242 feat,,, 'hence,l+tor*oa`W40"West 1211,79:feab 'fltance,NKktth 45011'23"West 32,16 fact to a pm a#0o vast rj&OW°wa.y II)w ot'V ohlom$troet A+onh; 'hero,otono the*Moto, radltn eWvr 46 thQ rWot,thrp"o a canlral angle of OST211 tAt6�rsNto noamdist 070 bet rrrda0orddistaneorYf7.ili�8�tfhrth 4Ipwest alb told aa�rl�htot wary iyrtey lboa,along thi or.of to re"m 42$740 foot rodltts+ ;to 0o left,thrauo a aentnal uhSkre or 0r2l!SW,a n bra�iir 404 af487,23%et andri,rhl 4141stottae trf�itk�,��fit t11#t bltttt`*North fl,�"$1��I1, gtiat#W"aald dj"t"84t-of Waw final 1'Fraas�a,North�a0'�9"�asl, , fe�oltrrrg"safid tight-ofr Itne; ' fhen04Narth43'494PEast t.soCoatrriarr ldler►sC tik r#Awaylloal 711e11te,GlChg dyer 4K of rh Kr1400pnt 9&43 ftt irrtditA 00"(0 tho rlght,thtoto 0 carimtl rkt a of 019010,an-amdirtancepf140.07feet-arodai'dlsta thbWcots?g,eD(at thsttbto.rstdorM4410t7' W40gBald.9eat"4h^of t+tape10#ptrintonMe%0 fl$MtOf«way Mt a¢t0IGIff*msdl 7het►e,N*r1hll'4+'01 I;M01.10fdet'060*34W south rtght-of-Way ilea; 'them,Natwlll$011015011 Cost 261,66 foot*tqq sild 46tttli f%htrof•Veoy loin) °Ittonott,alarm Ow arc cl a.tent 1 s.59 that mdlus tuNa to the loft,OlNush a ontml angle of OV4WIr,an in dl#; mw of 10 fast anted a 4Iwvd tot #m of M,5$feet that bears Nwtli O 36120" Oast tang:grip bauth 404-v-"0") ltttnce,f4ulhOGIVY260W*4' 1067,64 feet tothit119ALPOI&fir:9 OMt W014, mtojolos.appru4motelv 24AI otms, EXCEPTING THEREFROM Lot 1,Block 1,SUN WEST SUBDIVISION NO. 1,A PUD,Twin Falls County,Idaho,according to the official plat thereof recorded in Book 26 of Plats,page 7, records of Twin Falls County,Idaho, SPECIAL WARRANTY DEED - 7 49329, O I A 1384781.1 TWIN FALLS COUNTY RECORDED FOR: TITLEFACT, INC. 11:56:26 AM 10-03-2018 2018015684 NO. PAGES 7 FEE:$15.00 KRISTINA GLASCOCK COUNTY CLERK DEPUTY: CA Electronically Recorded by Simplifile RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Hawley Troxell Etmis&Hawley LLP Attn: Paula L,Kluksdal 877 Main Street,Suite 1000 P.O. Box 1617 Boise, ID 83701-1617 -7 K (5 )-. (SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made effective as of this 2nd day of October, 2018, between BCM&W FAMILY LIMITED PARTNERSHIP, an Idaho Limited Partnership ("Grantor"), and DeVan, LLC, an Idaho Limited Liability Company, whose address is 1952 E 3600 S, Wendell, Idaho 83355 ("Grantee"), witnesseth; That Grantor, for and in consideration of the sum of Ten Dollars and No Cents ($10.00), and.other good and valuable consideration, the receipt whereof is hereby acknowledged, does, by these presents, convey unto Grantee and its successors and assigns forever, all the following described real estate situated in the County of Twin Falls , State of Idaho. SEE SCHEDULE I ATTACHED HERETO AND INCORPORATED HEREIN. Hereinafter referred to as "Burdened Property," Subject to the restriction that the Burdened Property shall only be used as a car wash, This restriction shall be a burden upon the Burdened Property, shall run with the land, and shall be for the benefit of Grantor, and Grantor's successors, assigns and affiliates, and for the benefit of and appurtenant to each and every part of the property described on Schedule 11 attached hereto and made a pail hereof, whether owned or leased, in whole or in part, by Grantor, or Grantor's successors, assigns or affiliates (such property being collectively referred to as "Bepefitted Property"). For purposes of the preceding sentence, "affiliates" shall mean a any company in which Grantor, its successors or assigns own (directly or indirectly) five percent (5%) or more of the voting stock or interest or which is a company that owns (directly or indirectly) five percent (5%) or more of the voting stock or interest of Grantor, its successors or assigns. The term of this restriction shall be for a period of sixty-five (65) years from the date hereof, If in any judicial proceeding a court shall hold that the duration, scope or area restrictions stated in this restriction are unreasonable under circumstances then existing, the parties, and their respective successors, assigns and affiliates, agree that the maximum allowable oration, scope or area reasonable under the circumstances shall be substituted for the duration, scope or area stated in this restriction, SPECIAL WARRANTY DEED - 1 49329,0001.11384781.1 Reserving unto Grantor any and all rights and easements of record which benefit any of Grantor's other property. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the rents, issues and profits thereof, and all estate, right, title and interest in and to the Burdened Property, as well in law as in equity, except as expressly provided otherwise herein. To have and to hold, all and singular the above-described Burdened Property together with the appurtenances unto Grantee and its heirs and assigns forever. Grantor makes no covenants or warranties with respect to title, express or implied, other than that previous to the date of this instrument, Grantor has not conveyed the same estate to any person other than Grantee and that such estate is at the time of the execution of this instrument free from encumbrances done, made or suffered by the Grantor, or any person claiming under Grantor, subject to any and all easements, restrictions, agreements and encumbrances of record or appearing on the land as of the date of this instrument. GRANTOR: BCM&W FAMILY LIMITED PARTNERSHIP, an Idaho Limited Partnership By: BCM&W LLC, an Idaho Limited Liability Company Its: General Partner By: � Lq Ga illiams, Managing Member SPECIAL WARRANTY DEED - 2 493 29.0001.113 847 81.1 CONSENTED TO: DeVan, LLC, an Idaho limited liability company By: Xk'I' Al -x Wil ' m I g, er By: Donald VanderPoel, ember SPECIAL WARRANTY DEED - 3 49329.0001.113 8478 1.1 STATE OF UTAH ) ss County of On this 2I day of St? — , 2018, personally appeared before me, personally appeared Gary J, Williams, whose identity is personally known to me (or proven on the basis of satisfactory evidence) and who by me duly sworn/affirmed, did say that he is managing Member of BCM&W LLC, an Idaho Limited Liability Company, and that said document was signed by him in behalf of said Limited Liability Company by Authority of its Bylaws, or(Resolution of its Members), and said Gary J. Williams acknowledged to me that said Limited Liability Company executed the same. WITNESS my hand and official seal. [notary seal] NOTARY PUBLIC y NEALTOLMAN r 683338 COMMISSION EXPIRES MAY 19,2019 STATE OF UTAH Otary Public f r Utah SPECIAL WARRANTY DEED -4 49329.0001.11384781.1 STATE OF IDAHO ) County ofi 1►J l�5 ) ss On this -0& day of �s� a-�P,R , 2018, before me, the undersigned, a Notary Public in and for said state, personally appeared William DeJong and Donald VanderPoel, as Members of DeVan, LLC, an Idaho Limited Liability Company, known to me to be such members and the persons whose name is subscribed to the within and forgoing instrument, and acknowledged to me that he executed the same, on behalf of the Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 0 " d�1q,4 � v( Public for r Idaho r r� *, Residing at 1 c. VO My commission expires SPECIAL WARRANTY DEED - 5 49329.0001.11384781.1 SCHEDULE I Legal Description Lot 1, Block 1,SUN'WEST SUBDIVISION NO. 1,A PUID,Twin Falls County, Idaho,according to the official plat thereof recorded in Book 26 of Plats,page 7,records of Twin Falls County,Idaho. SPECIAL WARRANTY DEED - 6 49329.0001,11384781.1 SCHEDULE II Legal Description Of]benefited Property This is to rordty thatho undm rtotl Is'tho aMvrot toprtrWtakl a oftho nwctrt ita.l'we ftole oft#ttr (01100%desedbed VMpV416 located Intl port o tsf Go vtartt edt tots 2 and 4,Sedlon 4,'CbvtMmo 1 soulk Rona&17 Fost, Wso Mleridtoo,Poise 1`A 05t 4,iv,ldolwf�4410 oo.poW btin aoro Wc*Uy zla�nid as follaWl: Camrr qoW at tiro west quariv tamdrof 5eollon 41:old potni ties 3ouo Wt�!!t"161!1 West 2.57$40 fast. f7t M klra+tiMr thl+te►tk gitfittltttf frl SeWoh 41 7'henc e'Noob ov'02v bast 11313 f"k to thgmwthwost cornera t said t36wntroont t.6t.4 of seetton 4; %040 y, gyp, p 1honct,leWrftr*moth boundary,"wth41wso,ust low f"ttoRhssSdAi.MNT'OF894INNift "or","00h WW15v e0stnoo reset; 1h""10 Noah t9t1*0PO We#74RI 17feetlt *hems, ll 1314V West 10,191eat ylh"Am No(th 450ZV1.3"Yr est$2.10 feet to a paw 4 :00 u0st riBfof'-we.y Itfm of wfl3hlh"stroet Nr�thy 1'hew,efoM the am ot,a nonAtogent8 402,toot rndlas x+v;rva to tha rWit,thrpug a ceniml an6,to o1 titi"0510211,no am dist4tt x of7AS feat and ar Oord dVstoneo•of 7,1$fief that lhoV►Nortl►OOW41"6141t alnngl Maid 009 r#6`ht4vvy 4me; lhoto'alons th6 arc,of in ".ro f4SZA#toot vadlua OAV4,to*0 halt,thmmo a atntral 860rt of 5t�'OrzZ ,arw Art dillsottf of401.23 4et aW e:chord4ist_000e ipf 081,U r"t that bw r hlorklt a2"31"6fl" l ast sloes Jala tot 084t-or►retry lino; Vharm,North WSW20"6sl,U4,10 feet aiftsold cast right- +lima, 7henct,NnrthADT043'FAst 24feetrsiarpSgjjeMftht onylraol Theme,Ma rig the am of tr r►n-triwnt 9I,43 foot Va►dlus to the dshq thtt►vgh yr rot►ttrrt bri&of lit%V14*$arra►tdf9vaceof140.07teakanet�i'rlrsta +ithbrdof1a9MfoetThstbtorsNorth44146`t.7' ulrrnt;Iiai►Id. t Zrt f llnata ra patntan t4►a wualwrtght of«wtrytine oflyale l[r►e.r+�►di 7ht+we,nior1h 44'40CM01-10 feet stbftl*south►tight-afvrraypry; Tt+ertco,tVpiytl�"S�1'S��`foss 2��,�F rises akto4tS eYiol altt►trth rtghtnf•V�ay flrtrrl `Iheno,along Ow art:of a.", #fit XL%1 .Sq foot radius Wiva w tho left,tfotvgh a control iongte of GV4Wir,art Aft dfstoffl a of 1154 f"k*ad o char (llstoom trf M,59 teat that bor6 Nw W311'20" 061t at %6rrp lauth trim-oromay peal ie+nce,foulh40"54r260 Wft'1007 04 Nat to lh¢REAL MkT OF ry6lgrNWNG, ntoiding epproximnRe6y aA„S1 ems. EXCEPTING THEREFROM Lot 1,Block 1,SUN WEST SUBDIVISION NO. 1, A PUD,Twin Falls County, Idaho,according to the official plat thereof recorded in Book 26 of Plats,page 7,records of Twin Falls County,Idaho, SPECIAL WARRANTY DEED - 7 49329.0001,11384781.1 TWIN FALLS COUNTY RECORDED FOR: FIRST AMERICAN TITLE-TWIN F/ 11:19:07 AM 05-25-2022 2022009989 NO. PAGES 3 FEE:$15.00 KRISTINA GLASCOCK COUNTY CLERK DEPUTY: AR RECORDING REQUESTED BY Electronically Recorded by Simplifile First American Title Company AND WHEN RECORDED MAIL TO: First American Title Company 670 South Woodruff Idaho Falls, ID 83401 ce Above This Line for Recorder's Use Only WARRANTY DEED File No.: 1010878-IF(dp) Date: May 23, 2022 For Value Received, BCM&W, Family LP, an Idaho limited partnership, hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto Sun West Development Partners, LLC, a Texas limited liability company, hereinafter called the Grantee, whose current address is 101 West Renner Road, Ste 100, Richardson, TX 75082, the following described premises, situated in Twin Falls County, Idaho, to-wit: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT A TOGETHER WITH all right,title and interest, if any, of Grantor as owner of the Property, but not as owner of any other property, in and to: (i) any and all appurtenances belonging or appertaining thereto; (ii) any and all improvements located thereon; (iii) any and all appurtenant easements or rights of way affecting said real property and any of Grantor's rights to use same; (iv) any and all rights of ingress and egress to and from said real property and any of Grantor's rights to use same; (v) any and all rights and interests of Grantor in and to any leases covering all or any portion of said real property; (vi) any and all rights to the present or future use of wastewater, wastewater capacity, drainage, water or other utility facilities to the extent same pertain to or benefit said real property or the improvements located thereon, including without limitation, all reservations of or commitments or letters covering any such use in the future, whether now owned or hereafter acquired; (vii) all right, title, and interest of Grantor, if any, in and to (a) any and all roads, streets, alleys and ways(open or proposed) affecting, crossing, fronting or bounding said real property, including any awards made or to be made relating thereto including, without limitation, any unpaid awards or damages payable by reason of damages thereto or by reason of a widening of or changing of the grade with respect to same, (b) any and all strips, gores or pieces of property abutting, bounding or which are adjacent or contiguous to said real property (whether owned or claimed by deed, limitations or otherwise), (c) any and all air rights relating to said real property, and (d) any and all reversionary interests in and to said real property; (viii) any and all of Grantor's undivided interest in the oil, gas and other hydrocarbons and minerals that are in and under and that may be produced from the Property (present or reversionary); (ix) all rights of contribution, claims or causes of action regarding harm or injury to the Property; and (x) any and all governmental approvals, utility commitments, water rights and permits. 1 First AmericanWoodruff T�beCo. WARRANTY DEED WD-ID.VD3 6! 0 S. oodru11j� 10210.008 Idaho Falls, ID 83401 SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, but only to the extent that any of the foregoing are validly existing and shown of record in Twin Falls County, Idaho, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. BCM&W, Family LP, an Idaho limited partnership By: BCM&W, LLC, its general partner By: —A-10— Na ary J Williams Title: Manager STATE OF �n ) SS. COUNTY OF Ve b ar ) On thisay of May, 2022, before me, a Notary Public in and for said State, personally appeared Gary J. Williams, Manager of BCM&W, LLC known or identified to me to be one the general partner in the partnership of BCM&W, Family LP, and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. U+alp Notary Public of idahe- Residing at: Commission Expires: I,,W"e r b,nfY, (� ,•�= ``' KRISTI-LYN BLAMIRES .: !g NOTARY PURUC•STATE OF UTAH COMMISSION NO.724089 '+ COMM.EXP.05/29/2026 2 Waaaww DEED WD-ID.v03 10210.008 Exhibit A Legal Description PARCEL I LOTS 4 AND 5, BLOCK 2, SUN WEST SUBDIVISION NO. 2, A PUD, TWIN FALLS COUNTY IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 27 OF PLATS, PAGE 35, RECORDS OF TWIN FALLS COUNTY IDAHO. PARCEL 2 CROSS ACCESS EASEMENT FOR INGRESS AND EGRESS AS DISCLOSED BY AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS, AND MAINTENANCE AGREEMENT BY AND BETWEEN BCM&W FAMILY LIMITED PARTNERSHIP, AN IDAHO LIMITED PARTNERSHIP AS DECLARANT, RECORDED MAY 9, 2022 AS INSTRUMENT N0, 2022-008896, AFFECTING THE ROADWAYS AS SHOWN ON THE PLAT OF SUN WEST SUBDIVISION NO. 2, A PUD, RECORDED APRIL 27, 2022, AS INSTRUMENT NO. 2022008104. 3 WARRANTY DEED WD-ID.WI 10210,008 TWIN FALLS COUNTY RECORDED FOR: TITLEFACT, INC. 11:25:39 AM 02-09-2023 Si 2023001525 NO.PAGES 2 FEE:$15.00 KRISTINA GLASCOCK TitleFact,Inc. COUNTY CLERK DEPUTY: AP 163 Fourth Avenue North Electronically Recorded by Simplifile P.O.Box 486 Twin Falls,Idaho 83303 ****SPACEABOVE FOR RECORDER**** QUITCLAIM DEED For Value Received J2 REAL PROPERTY GROUP,LLC,a Texas Limited Liability Company,does hereby convey, remise and forever quit claim unto SUN WEST DEVELOPMENT PARTNERS,LLC, a Texas Limited Liability Company,whose address is: 101 W. Renner Road,Richardson,TX 75082, the following described premises,to-wit: Lot 3, Block 2, SUNWEST SUBDIVISION NO.2, a PUD,Twin Falls County,Idaho, according to the official plat thereof recorded in Book 27 of Plats, page 35, records of Twin Falls County,Idaho. together with their appurtenances. Dated: February 1,2023 J2 REAL PROPERTY GROUP,LLC,a Texas Limited Liability Company BY JIMMY- ,JAMS,*Wee'r BY DAVID LEE JOY SEN,Member STATE OF TEXAS County of�iy.1 _._....- On this 1 day of February, 2023, before me, a Notary Public in and for said State, personally appeared JIMMY PAT JAMES,known or identified to me to be a member of the limited liability company of J2 REAL PROPERTY GROUP,LLC, and the member who subscribed said limited liability company name to the foregoing instrument and acknowledged to me that he executed the same in said limited liability company name. IN WITNESS HEREOF I have hereunto set my hand and official seal the day and year first above written.C)11 �� l "1°"""` a04a�� JORDAN JAME8 AAVIDSON Notary Public r Texas =; My tfofarym#131960006 _ • Residing in { { �0 p �x. .� 2027 Commission expires: D oq_11'I STATE OF TEXAS County of Ct tpl On this day of February, 2023, before me, a Notary Public in and for said State, personally appeared DAVID LEE JOHNSEN, known or identified to me to be a member of the limited liability company of J2 REAL PROPERTY GROUP,LLC,and the member who subscribed said limited liability company name to the foregoing instrument and acknowledged to me that he executed the same in said limited liability company name. IN WITNESS HEREOF I have hereunto set my hand and official seal the day and year first above written. Q6A Notary Public R r Texas [;—'e7ht ES DAVIDSON Residing inry'p131965Q06#Commission expires:0 aq 1 Apd9.2027 TWIN FALLS COUNTY RECORDED FOR: TITLEFACT, INC. 12:38:50 PM 09-15-2023 2023011442 NO. PAGES 2 FEE:$15.00 KRISTINA GLASCOCK COUNTY CLERK DEPUTY: SB Electronically Recorded by Simplifile Recording Requested By and When Recorded Return to: TitleFact,Inc. 163 Fourth Ave.,North PO Box 486 Twin Falls,Idaho 83303 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this I �-day of September, 2023, between BCM&W Family Limited Partnership, an Idaho limited partnership("Grantor"), and Mountain West Motor LLC, a Utah limited liability company ("Grantee") whose mailing address is 3785 US-91, Hyde Park, UT 84318. WITNESSETH: For value received Grantor does hereby grant, sell, and convey to Grantee the following described real property situate in the County of Twin Falls, State of Idaho, to wit: Lot 2, Block 1 Sun West Subdivision No. 1, A PUD, Twin Falls County, Idaho, according to the official plat thereof recorded in Book 26 of Plats, page 7, records of Twin Falls County, Idaho TOGETHER WITH all buildings, structures and improvements thereon, if any, and any rights of ways, easements, tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, and the remainder and remainders thereof and the rents, issues and profits thereof(collectively the "Premises"). This grant is MADE SUBJECT TO the restriction and condition that neither the Premises nor any improvement thereon may be used for the sale, storage, use, or manufacture of firearms ("Use Restriction"). For purposes of the Use Restriction, the term "firearm(s)" means (a) any weapon (including a starter gun)which will or is designed to or may readily be converted to expel a projectile or projectiles by the action of an explosive or other propellant; (b)the frame or receiver of any such weapon; or (c) any firearm muffler or firearm silencer. The Use Restriction shall be for the benefit and in favor of Grantor, and Grantor's successors, assigns, and affiliates. The Use Restriction shall run with the land, and shall remain in full force and effect in perpetuity. If in any judicial proceeding a court of competent jurisdiction holds that the duration or scope of the Use Restriction is unreasonable under circumstances then existing, the parties thereto (and their respective successors, assigns and affiliates) agree that the maximum allowable duration and scope reasonable under the circumstances shall be substituted for the duration and scope of the Use Restriction, as applicable. If the Use Restriction is breached, Grantor and Grantor's successors, assigns, and affiliates shall be entitled to immediately pursue, without notice or demand, any and all available remedies to which they may be entitled at law or in equity. DEED - 1 TO HAVE AND TO HOLD said Premises unto Grantee and Grantee's successors and assigns forever. Grantor makes no covenants or warranties with respect to title to the Premises, express or implied, other than (i) that previous to the date of this instrument, Grantor has not conveyed the same estate or any right, title or interest therein to any person other than Grantee and (ii) Grantor hereby covenants with Grantee that the Premises at the execution of this instrument are free from all encumbrances done, made or suffered by Grantor or any person claiming under Grantor, SUBJECT TO (a) reservations or restrictions in federal patents or state deeds or in laws providing for such patents or deeds, and (b) to all easements, restrictions, agreements or other matters of record or appearing from a survey or inspection of the Premises as of the date of this instrument or which would be disclosed by a survey or inspection of the Premises. IN WITNESS WHEREOF, this Special Warranty Deed has been duly executed by Grantor or any person claiming under Grantor as of the day and year herein first above written. GRANTOR: BCM&W Family Limited Partnership, an Idaho limited partnership By: BCM&W LLC, an Idaho limited liability company Its: General Partner Gary J,,Wllliams, Managing Member STATE OF ) ss. County of��� ) On this, ,off, day of ��. �� 2023, before me, C. Q \� L-11, , a Notary Public in and for said State, personally appeared Gary J. Williams, known or identified to me to be the Managing Member of BCM&W LLC, an Idaho limited liability company, or the person who executed the instrument on behalf of said entity and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. f NOTARY PUBLIC TAR+DIXON COMM.#727877 Notary-. Public Jfor MY COMMISSION EXPIRES Y NOVEMBER 10,2026 sra,~E of uTAw My commission DEED - 2 LLS COUNT Y TWIN EA 1 2024-011740 Pam' Sep 19.2024 2:26:29 pm Fee:S 19-04) For: EHM ENGINEERS KRISTINA GLASCOCK_ County Clerk Deputy:APRATT QUITCLAIM DEED For Value Received GERALD MARTENS, a married man dealing as his sole and separate property and WALLACE R. WHITE, a married man dealing as his sole and separate property, does hereby convey, remise and forever quit claim unto MW IDAHO PROPERTIES,LLC, an Idaho Limited Liability Company, whose address is 621 N College Road Ste 100,Twin Falls, Idaho 83301, the following described premises, to-wit: Being a portion of Lot 11, Block 2 as shown on that certain map entitled"Sun West Subdivision No. 2, a PUD", recorded April 27, 2022 as Instrument No. 2022-008104 in the office of the County Recorder of Twin Falls County, Idaho, more particularly described as follows: Beginning at the Southwest Corner of said Lot 11 and being the REAL POINT OF BEGINNING; Thence, along the West Boundary of said Lot 11,North 00°05'02"West 150.06 feet; Thence leaving said West Boundary, South 89°37'10" East 204.00 feet; Thence, South 00°05'02" East 150.06 feet to a point on the South Boundary of said Lot 11; Thence along said South Boundary,North 89037'10"West 204.00 feet to said REAL POINT OF BEGINNING. Containing approximately 30,611 square feet. together with their appurtenances. Dated: S ptember 18,2024 erald Martens l Wallace R. Wh e STATE OF IDAHO County of Twin Falls On this day of 2024,before me,a Notary Public in and for said State,personally appeared Gerald Martens and allace R.White,known to me to be the,VMjVns whose names are subscribed to the foregoing instrument and acknowledged to me that they executed•i'14We•Tol•,,•'• ••• •••N�••'• IN WITNESS HEREOF I h ve hereunto set my hand and off i , e aa}?� first above written. �OTAR1' • Nota Public for Idaho ;e+PUB cP• Residing in: Twin Falls �101 0.•��0.4% Commission Expires: 10/17/24 ��. j� 19 �• ,rrr,r QFrN••p� PUD No. 259, Paragraph E-4ii Reads: E-4ii. Outside Storage/Loading Docks. Loading docks,trash containers and such facilities shall be screened from roadways, residential area and adjacent properties to the extent possible. Screening may consist of landscaping, masonry walls, buildings or solid fencing. 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F w � ¢ a p U Q U LOS LAGOS PROPERTY OWNERS KIM HANSEN ASSOCIATION,INC CAROL HANSEN GE119 LOSRTRUDE LAGOSWEBST R PO BOX 5134 111 LOS LAGOS IN L S,ID 83 TWIN FALLS,ID 83303 TWIN FALLS,ID 83301 TWIN FALLS,ID 83301 VILLA DEL RIO ESTATES DEBORAH THOMAS LINDA PETERSON PROPERTY OWNERS ASSOC.,INC 125 LOS LAGOS 131 LOS LAGOS JANA PECK TWIN FALLS,ID 83301 TWIN FALLS,ID 83301 1982 FLORAL AVE TWIN FALLS,ID 83301 A&R INVESTMENT GROUP LLC KRISTEN KENT LUKE THOMPSON 2760 GRANDVIEW DR N LEVI KENT LORI THOMPSON TWIN FALLS,ID 83301 1730 CAMARILLO WAY 1720 CAMARILLO WAY TWIN FALLS,ID 83301 TWIN FALLS,ID 83301 M&N ADVENTURES LLC PETER WANGLER JAVIER CASTANEDA 3839 HARRINGTON RD MITCHELL WANGLER GABRIELA CASTANEDA IDAHO FALLS,ID 83404 145 CAMARILLO WAY 155 CAMARILLO WAY TWIN FALLS,ID 83301 TWIN FALLS,ID 83301 PATRICK LAUGHLIN DIANA KURTCU MATTHEW SHUTMAN 165 CAMARILLO WAY 175 CAMARILLO WAY 356 LINDEN AVE TWIN FALLS,ID 83301 TWIN FALLS,ID 83301 TWIN FALLS,ID 83301 PEDRO CAMARENA ELENA CAMARENA DAYNA BIORN GABRIEL FARIA 307 NORTH RD 150 CAMARILLO WAY 1548 BRIARWOOD LN JEROME,ID 83338 TWIN FALLS,ID 83301 TWIN FALLS,ID 83301 BRIAN WROBEL WROBEL CARMEN GOMEZ-GOMEZ LARRY PARKE CLOENA 3441 MOUNTAIN ASH DR 145 AVENIDA DEL RIO W 1720 MANZANITA WROBE ST TWIN FALLS,ID 83301 HAILEY,ID 83333 TWIN FALLS,ID 83301 JOANNE WILDER GLORIA CARVAJAL JESUS ORTIZ 1735 CAMARILLO WAY 106 AVENIDA DEL RIO W MARIA ORTIZ TWIN FALLS,ID 83301 TWIN FALLS,ID 83301 192 RAINBOW DR JEROME,ID 83338 MIKE ALBERTSON SHIRLEY ALBERTSON A&R INVESTMENT GROUP LLC SCOTT RUTTER 122 AVENIDA DEL RIO W 2760 GRANDVIEW DR N 138 AVENIDA DEL RIO W TWIN FALLS,ID 83301 TWIN FALLS, ID 83301 TWIN FALLS,ID 83301 STATE OF IDAHO,IDAHO TRANSPORTATION DEPT CANYON VISTA FAMILY LP KLS&M FAMILY LP 3311 WEST STATE 1198 MOUNTAIN VIEW DR 2011 OAKWOOD DR BOISE,ID 83703 TWIN FALLS,ID 83301 TWIN FALLS,ID 83301 CITY OF TWIN FALLS SR GORGE PROPERTIES LLC COLLEGE OF SOUTHERN IDAHO PO BOX 1907 9100 S 300 W PO BOX 1238 TWIN FALLS,ID 83303 SANDY,UT 84070 TWIN FALLS,ID 83303 COLE WG TWIN FALLS ID LLC POLE LINE ROAD LLC WAL-MART STORES INC WALGREEN CO#12286 TAX DEPT 2676 CRANSTON RD WAL-MART PROPERTY TAX DEPT PO BOX 1159 PO BOX 8050,MS 0655 DEERFIELD,IL 60015 BELOIT,WI 53511 BENTONVILLE,AR 72716 CFT NV DEVELOPMENTS LLC D&G VENTURES LLC LIAO LLC RIDDLE PROPERTIES 1120 N TOWN CENTER DR,STE#150 2029 MOUNTAIN VIEW CIR 1411 FALLS AVE E#215 LAS VEGAS,NV 89144 TWIN FALLS,ID 83301 TWIN FALLS,ID 83301 CAPITAL EDUCATORS FEDERAL UNION SCHOOL DISTRICT NO.411 DEVAN LLC CREDITBOX UNION 201 MAIN AVE E 1952 E 3600 S P MERIDIAN,ID 83642 TWIN FALLS,ID 83301 WENDELL,ID 83355 MOUNTAIN WEST MOTOR LLC SUN WEST DEVELOPMENT BCM&W FAMILY LP 3785 US-91 PARTNERS LLC 0636 KING HILL DR HYDE PARK,UT 84318 101 W RENNER RD,STE 100 OGEN,UT 84414 RICHARDSON,TX 75082 GERALD MARTENS LAMK POLE LINE LLC WESTPARK PARTNERS 621 N COLLEGE RD,STE 100 3222 S SUGAR BUSH AVE 5166 W HIDDEN SPRINGS DR TWIN FALLS,ID 83301 EAGLE,ID 83616 BOISE,ID 83714 PENNBRIDGE TF LLC PEACOCK PROPERTY HOLDINGS LLC 1 P PROPERTY LLC SCS HOTEL TF LLC LC ABURLY LLC ACCOUNTS PAYABLE PO BOX 392 PO BOX TF JT LLC 1230 W WASHINGTON ST#401 BURL, E TEMPE,AZ 85288 EAGLE,ID 83616 ELLEN JUDD 4 ASPEN FAMILY LLC COBBLESTONE IDAHO PROPCO LLC 14 E 300 S PO BOX 127 2 MID AMERICA PLAZA,STE 450 BURLEY,ID 83318 BRIDGEPORT,CA 93517 OAKBROOK TERRACE,IL 60181 TWIN FALLS RETAIL MANAGEMENT LLC 30200 TELEGRAPH RD,STE 205 BINGHAM,MI 48025 750 FOOT AROUND RPT5200 RP0530100000A0 LOS LAGOS PROPERTY OWNERS ASSOCIATION, INC P 0 BOX 5134 TWIN FALLS ID 83303 RP053010010010 HANSON, KIM 0 HANSON, CAROL L H/W 111 LOS LAGOS TWIN FALLS ID 83301 RP053010010020 WEBSTER, GERTRUDE FRANCES 119 LOS LAGOS TWIN FALLS ID 83301 RP053010010030 THOMAS, DEBORAH ANN 125 LOS LAGOS TWIN FALLS ID 83301 RP053010010040 PETERSON, LINDA CHERYL TRUST PETERSON, LINDA TRUSTEE 131 LOS LAGOS TWIN FALLS ID 83301 R®0�Q1100000AA VILLA DEL RIO ESTATES PROPERTY OWNERS ASSOCIATION, INC PECK, JANA (M/0) VILLA DEL RIO ESTATES PROPERTY OWNERS ASSOCIATION, INC PECK, JANA (M/0) 1982 FLORAL AVE TWIN FALLS ID 83301 Page 1 of 10 RP088110010010 A& R INVESTMENT GROUP, LLC 2760 GRANDVIEW DR N TWIN FALLS ID 83301 RP088110010020 KENT, KRISTEN KENT, LEVI W/H 1730 CAMARILLO WAY TWIN FALLS ID 83301 RP088110010030 THOMPSON, LUKE THOMPSON, LORI MICHELLE H/W 1720 CAMARILLO WAY TWIN FALLS ID 83301 RP088110010040 M&N ADVENTURES LLC 3839 HARRINGTON RD IDAHO FALLS ID 83404 RP088110010050 WANGLER, PETER J WANGLER, MITCHELL J 145 CAMARILLO WAY TWIN FALLS ID 83301 RP088110010060 CASTANEDA, JAVIER CASTANEDA, GABRIELA H/W 155 CAMARILLO WAY TWIN FALLS ID 83301 RP088110010070 LAUGHLIN, PATRICK JAMES SOLE 165 CAMARILLO WAY TWIN FALLS ID 83301 RP088110010080 KURTCU, DIANA 175 CAMARILLO WAY TWIN FALLS ID 83301 Page 2 of 10 RP088110010090 SHUTMAN, MATTHEW EDWARD JAMES 356 LINDEN AVE TWIN FALLS ID 83301 RP088110030010 CAMARENA, PEDRO SALINAS CAMARENA, ELENA H/W 307 NORTH RD JEROME ID 83338 RP088110030020 BIORN, DAYNA J 150 CAMARILLO WAY TWIN FALLS ID 83301 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