ApplicationPUBLIC HEARING
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH
THE CITY OF MERIDIAN
To ensure that your comments and recommendations will be considered by the Meridian Planning and
Zoning Commission please submit your comments and recommendations to cityclerk@meridiancity.org
To: Attention C.Jay Coles, City Clerk By: May 31, 2018
City Clerk ’ s Office 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433
Fax 208-888-4218 cityclerk@meridiancity.org www.meridiancity.org
Transmittal Date: 5-4-2018 File No: H-2018-0042 MDA
Hearing Date: June 5, 2018
REQUEST: For an Amendment to the Development Agreement to Include the Following:
Expansion of the Existing Recycling Business to Allow a Commercial Composting Component; Recycling
Of Additional Materials (i.e. Food Waste, Garden Waste, Demolition Debris and Other Materials of the Same Category);
Utilization of Equipment (i.e. Loaders, Excavators, Conveyors, Trommels, Hopper Boxes, Air Systems/Compressors, Generators,
Windrover, Crusher, Grinder, Water Trucks, Loaders, Graders, Tractors with Implements, Fork Lifts and other Heavy
Equipment) and Activities (i.e. Crushing, Grinding, Screening, Windrowing, Unloading/Unloading Trucks, etc.) Necessary
For Composting; Modification of the Property to Include a Weather Station, Scale House, Bathroom with a Septic System,
Storage Shed (Approximately 40’ x 8’), Leaching Ponds and Berms; Parking of Delivery Trucks and Heavy Equipment and
Marketing and Sale of Processed Recycling Materials Including but Not Limited to Mulch, Compost, Bark, Playground
Chips, Sand, Stone, etc. For Timber Creek Recycling.
By: Michael Murgoitio
Location of Property or Project: 7695 S Locust Grove Road
Planning and Zoning Commission Meridian School District
Tammy de Weerd, Mayor Meridian Post Office
City Council Ada County Highway District
Sanitary Services Ada County Development Services
Building Department Central District Health
Fire Department COMPASS
Police Department Nampa Meridian Irrigation District
City Attorney Settlers Irrigation District
City Public Works Idaho Power Company
City Planner Century Link
Parks Department Intermountain Gas Co.
Economic Development Idaho Transportation Department
New York Irrigation District Ada County Associate Land Records
Boise Project Board of Control – Tim Paige Downtown Projects
Community Development Meridian Development Corporation
Valley Transit Historical Preservation Commission
South of RR/SW Meridian
NW Pipeline
Boise-Kuna Irrigation District
Idaho DEQ - Added 07-02-18
Hearing Date: June 5, 2017
File No.: H-2018-0042
Project Name: Timber Creek Recycling
Request: Request for an amendment to the development agreement to include the following:
expansion of the existing recycling business to allow a commercial composting
component; recycling of additional materials (i.e. food waste, garden waste, demolition
debris, and other materials in the same category); utilization of equipment (i.e. loaders,
excavators, conveyors, trommels, hopper boxes, air systems/compressors, generators,
windrower, crusher, grinder, watering trucks, loaders, graders, tractors with implements,
fork lifts and other heavy equipment) and activities (i.e. crushing, grinding, screening,
windrowing, unloading/unloading trucks, etc.) necessary for composting; modification of
the property to include a weather station, scale house, bathroom with a septic system,
storage shed (approximately 40’ x 8’), leaching ponds and berms; parking of delivery
trucks and heavy equipment; and marketing and sale of processed recycling materials
including but not limited to mulch, compost, bark, playground chips, sand, stone, etc., by
Michael Murgoitio.
Location: The site is located at 7695 S. Locust Grove Rd., in the SE ¼ of Section 6, Township 2N.,
Range 1E.
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY: ,
Project name:`
File number(s): �6`_ C- )
Assigned Planner: t Related files:
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance
❑ Rezone
❑ City Council Review
❑ Short Plat
❑ Comprehensive Plan Map Amendment
❑ Time Extension:
❑ Comprehensive Plan Text Amendment
Director/ Commission/Council (circle one)
❑ Conditional Use Permit
❑ UDC Text Amendment
❑ Conditional Use Modification
❑ Vacation:
Director/Commission (circle one)
Director/ Council (circle one)
evelopment Agreement Modification
❑ Variance
❑ Final Plat
❑ Other
❑ Final Plat Modification
Applicant Information
Applicant name: M 1 CIR.-1 ud— C3i Phone:
Applicant address: Ali 1 Email: I_$" OrYl
City: Le-L&OLIa State: Zip:
Applicant's interest in property: ❑ Own XRent ❑ Optioned ❑ Other
Owner name: O t
Owner address: (P Locw+ 6rave Koad Email:
Phone:
City: QtrCaState: Zip:
Agent/Contact name (e.g., architect, engineer, developer, representative): tA 1Mud-CA 6 t `H C)
Firm name: Phone: OF (¢ (
Agentaddress:( Email: t� t►CC'• C
City: _Ktw&oyl State: Zip: .
Primary contact is: AApplicant ❑ Owner ❑ Agent/Contact
erty Information
Location/street address:
Assessor's parcel number(s): S 14 0
-(am
ETownship, range, section:
Total acreage: Zoning district:
Community Development ■ Planning Division ® 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/plaunuig
-1- (Rev. 06112/2014)
Project/subdivision name: (' :,0.
General description of proposed project/request:
Proposed zoning district(s):
Acres of each zone proposed: gri,
Type of use proposed (check all that apply):
❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial Other Dto arymak -yF rt
Who will own & maintain the pressurized irrigation system in this development? haio
Which irrigation district does this property lie within? i
Primary irrigation source: R C*e_ 1 Secondary: 11 ( t
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:
Number of common lots:
Number of building lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom:
2-3 bedrooms:
Minimum square footage of structure (excl. garage):
Minimum property size (s.f):
Gross density (Per UDC 11-1A-1):
Acreage of qualified open space:
4 or more bedrooms:
Maximum building height: _
Average property size (s.f.):
Net density (Per UDC 11-lA-1):
Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots:
Gross floor area proposed:
Hours of operation (days and hours):
Total number of parking spaces provided:
Authorization
Common lots: Other lots:
Existing (if applicable):
Building height:
Number of compact spaces provided:
Print applicant name: /
Applicant signature. Date:
Community Development ■ Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning
-2- (Rev. 0611212014)
April 11, 2018
Narrative
Timber Greek IteevelinL LLC
I. We, are a local agricultural based Nvoad recycling company located at the North West
corner of Columbia and Locust Grove lid. Meridian, Idaho ("Property"). We currently
use our recycling praducts on our farm as well as selling tite recycling products
wholesale. We received the recyclable materials from the Ada County Landfill and
miscellaneous contracto►'s.
2. We are requesting to add a commercial composting component to aur current operation
on the Property. This commercial composting component will i►7clude the following:
a. Traffic. Currently, contractors and our own company trucks are the only ones
coming and going oil the Property. C'ontractor's trucks randomly bring in woad
products and our trucks brim; wood products daily. It is estimated that the
volume of trafficfrom the new compost component would be minimal,
b, hours of Operation. We currently do not have a limitation on the hours of
operation. We feel it \vould benelit our neighbors il'we had set hours. `those
hours would be from lam to bpm Monday through Friday (and Saturday Sam to
bpm) once the composting program got started.
c. Public Availability ol'Products. We will offer an area whcre the general public
can come and dump off their wood products and have an opportunity to pick up
some ofour recycled products. The citizens of'Meridian will be able to pick up
Free compost il`we are awarded the contract from the City of Mcridian for the
curbside recycling program.
3. We are requesting an an7endn►cnt to the Development Agreement, dated January 26, 2016
and recorded as 2016-1)07075 ,__to permit the expansion 01'(11C use of the Property
(parcel H's S 1406417700, S 1406428305 and S 1406449900) The current plan for the
composting facility over the next decade is as follows:
a. 1-5 year future plan is to operate a composting facility abiding by the rules and
laws oi'the State of Idaho, DlIQ. I;PA and Meridian City Code.
b. 5-10 year future plan is to operate a composting facility abiding by the rules and
laws of thee State of Idaho, DE'Q, EPA and Meridian City Code. During this
period, we intend to conduct an impact study in coillunction with surrounding
developers to decide after the 10i1' year il'we ncedto relocate to recycling and
composting activities -
55663,0002,11001335,2
Filed for record at the Request of -
Gary Murgoitio
6575 S. Locust, Grove
Meridian, Idaho 83642
SPECIAL WARRANTY DEED
FOR VALUE RECEIVED, JAL INVESTMENTS, LLC ("Grantor"), whose address is
2358 S. Titanium Place, Meridian, Idaho 83642, does hereby grant, bargain, sell, and convey
unto GARY MURGOITIO AND LINDA MURGOITIO, husband and wife ("Grantee"),
whose address 6575 S. Locust Grove, Meridian, Idaho 83642, that certain real property located
in Ada County, Idaho, which is more particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference.
TO HAVE AND TO HOLD the said property together with all water and ditch rights
appurtenant thereto and with its appurtenances unto the Grantee and its successors and assigns
forever. Grantor does hereby covenant to and with the said Grantee that Grantor is the owner in
fee simple of said property and that such property is free from all encumbrances made 'ok
suffered by the Grantor, other than the following:
1) Rights or claims of parties in possession not shown by the public records.
2) Encroachments, overlaps, boundary disputes, and any other matters which would be
disclosed by an accurate survey or inspection of the premises including, but not limited
to, insufficient or impaired access or matters contradictory to any survey plat shown by
the public records.
3) Easements, or claims of easements, not shown by the public records.
4) Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5) Unpatented mining claims, whether or not shown by the public records.
6) Taxes, including any assessments collected therewith, for the year 2011 which are a lien
not yet due and payable.
7) Reservations and exceptions in a United States Patent, and in the act authorizing the
issuance thereof. Recorded on March 24, 1906 in Book 4 of Patents, at Page 3 as
Instrument No. 10652.
8) An easement for the purpose shown below and rights incidental thereto as set forth in a
document.
Granted To: Idaho Power Company
Purpose: Public Utilities
Recorded: October 11, 1920 in Book 147 of Miscellaneous at Page 174
Instrument No.: 90097.
9) An easement for the purpose shown below and rights incidental thereto as set forth in a
document.
Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded: August 8, 1963 in Book 48 of Miscellaneous at Page 286
Instrument No.: 562924
(Note: The exact location and extent of said easement is not disclosed of record.)
10) An easement for the purpose shown below and rights incidental thereto as set forth in a
document.
Granted To: Idaho Power Company
Purpose: Public Utilities
Recorded: May 15, 1997
Instrument No.: 97037805
11) An easement for the purpose shown below and rights incidental thereto 4s set forth in a
document.
Granted To: Idaho Power Company
Purpose: Public Utilities
Recorded: May 30, 2003
Instrument No.: 103088644
2
The Grantor, for itself and for its successors in interest, do expressly limit the covenants
of this Deed to those herein expressed, and exclude all covenants arising or to arise by statutory
or other implication, and covenant that Grantor will forever warrant and defend title to the
Property conveyed herein against all persons_ who lawfully claim by, through, or under the
Grantor, but not otherwise.
JAL�TMENTS, LLC
An I o ted Liability Company
LAUDE, SR, Manager
STATE OF IDAHO
:ss
County of Ada )
On this '3 1 54- day of Oc Mir , 2011, before me, a Notary Public in and for the State of
Idaho, personally appeared JOHN A. LAUDE, SR., known or identified tome to be the Manager of
the limited liability company that executed this instrument or the person who executed the
instrument on behalf of said limited liability company and acknowledged to me that such limited
liability company executed the same.
WITNESS my hand and official seal hereto affixed the day and year first above written.
ID ya:•' 4�' A,No, —(a) -�p -
Notary Public for Idaho n
Residing at �o , is
�QT R� _ Commission expires 8' /3) a-0)
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EXHIBIT A
PROPERTY DESCRIPTION
The West Half of the Southeast Quarter and the Southwest Quarter of the
Northeast Quarter of Section 6, Township 2 North, Range 1 East of the Boise
Meridian, Ada County, Idaho:
Excepting Therefrom the following parcel:
A portion of the Southwest Quarter of the Northeast Quarter of the Northwest
Quarter of the Southeast Quarter of Section 6, Township 2 North, Range 1 East of
the Boise Meridian, described as follows:
Beginning at a point that is North 89°17'51" West 1,321.83 feet from the East
quarter corner of Section 6, Township 2 North, Range 1 East of the Boise
Meridian, said point being the central East 1/16 corner of said section; thence
South 0002'34" West 581.89 feet to the Easterly right of way of the Rawson
Canal; thence along said right of way the following courses:
North 52°00'36" West 28.29 feet; thence
North 4105 F49" West 54.61 feet; thence
North 29034'34" West 52.15 feet; thence
North 19°34'39" West 280.11 feet; thence
North 30°34' 11" West 413.07 feet; thence
North 12°31'35" West 47.32 feet; thence
North 7°11'07" East 48.90 feet; thence
North 24017'16" East 305.57 feet; thence
North 45008'45" East 100.94 feet; thence
North 58°22'11" East 70.42 feet; thence
North 68025'58" East 75.31 feet; thence
North 81 °01' 7" East 67.07 feet to the East 1/16 line of said section; thence
South 0°02'34" West 660.62 feet to the Real Point of Beginning.
Ada County Parcel Number S 1406131205 and 51406428305
4
Recording Requested By and
When Recorded Return to:
Richard F. Goodson
HAWLEY TROXELL ENNIS & HAWLEY LLP
P.O. Box 1617
Boise, Idaho 83701
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 15.00 5
BOISE IDAHO 04110109 04:14 PM
DEPUTY Bonnie Oberbillig
RECORDED—REQUEST OF 109041047
Pioneer
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
WARRANTY DEED
This Warranty Deed is made this � day ofajAd-, 2009, between
GREGORY B. JOHNSON and HEIDI M. JOHNSON, husband and wife, collectively the
"Grantor," and L & G MURGOITIO, LLC, an Idaho limited liability company, the
"Grantee," which has a current mailing address of 6575 S. Locust Grove Road,
Meridian, Idaho, 83642.
WITNESSETH:
For valuable consideration the Grantor does hereby grant, bargain, sell and
convey unto the Grantee that certain real property situate in the County of Ada, State of
Idaho, which is more particularly described on EXHIBIT "A" attached hereto and
incorporated herein by reference ("Premises"):
TOGETHER WITH all and singular the buildings, structures, improvements,
tenements, hereditaments, appurtenances and water and ditch rights thereunto
belonging or in anywise appertaining, the reversion and reversions, remainder and
remainders, rents, issues and profits thereof.
WARRANTY DEED - 1
02872.0002.1461948.1
The liens, encumbrances and other matters listed on EXHIBIT "B" attached
hereto and by this referenced made a part hereof.
TO HAVE AND TO HOLD said Premises unto the Grantee and its successors
and assigns forever.
The Grantor covenants with the Grantee, its successors and assigns, that
Grantee shall enjoy the quiet and peaceful possession of said Premises; that the
Grantor is lawfully seized of said Premises in fee simple; and the Grantor warrants that
the title to said Premises is merchantable and free from all liens and encumbrances,
excepting those to which this conveyance is expressly made subject, and that the
Grantor will warrant and defend the same from all other lawful claims whatsoever.
IN WITNESS WHEREOF, this Warranty Deed has been duly executed by the
Grantor as of the day and year herein first above written.
Af
Heidi M. Johnson
WARRANTY DEED - 2
02872.0002.1461848.1 0
STATE OF IDAHO )
) ss.
County of Ada )
On this day of -7- 2009, 2009, before me, �S/!n
a Notary Public in and for said state, personally appeared Gregory B. Johnson and
Heidi M. Johnson, husband and wife, known or identified to me to be the persons whose
names are subscribed to the foregoing instrument, and acknowledged to me that they
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.
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4'�Agf� OF TV
WARRANTY DEED - 3
for
ion expifEnEsmi c, AT U1 NAX-1 I rlp
My CONIMSS IOM EXP14� o5-05-2911
02872.0002.1461948.1
EXHIBIT "W'
The South half of the Sohtheast quarter of the Southeast quarter of Section 8, T6YVhship
2 North, Range 1 East, Boise Meridian, in Ada Bounty, Idaho.
EXHIBIT "A"
02872.0002.1461948.1
1 rdXes aF1r! assasstt'lentg fir thd;ytlOe 2og9, riot yet due and payable.
2. Liehs, foes Ond dhr6sfor trash services as provided by Ada County Ordinance
No. 40 aitlerlding title 5, Chapter �, bddtian 4 bt Ada County Code. None now
due and paytibie.
3. Liens and assessmehts of the foilowing district and the rights and powers thereof
as provided by law. District: Boise Kuna Irrigation District. None now due and
payable.
4. Liens and assessments of the following district and the rights and powers thereof
as provided by law. District: New York Irrigation District. None now due and
payable.
5. Rights of way as disclosed by available maps.
For: Locust Grove
Location: Easterly portion of subject property
6. Rights of way as disclosed by available maps.
For: Columbia Road
Location: Southerly portion of subject property
7. Rights of way as disclosed by available maps.
For: Beckdolt Lateral
02872.0002.1481948.1 0
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 21.00 7
BOISE IDAHO 04/10109 04:14 PM
DEPUTY Bonnie Oberbillig
RECORDED—REQUEST OF 1
Pioneer 109a1048
"Ja_-N �
Recording Requested By and
When Recorded Return to:
Richard F. Goodson
HAWLEY TROXELL ENNIS & HAWLEY LLP
P.O. Box 1617
Boise, Idaho 83701
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
WARRANTY DEED
r�k
"
This Warranty Deed is made this 7 day of , 2009, between
SPRING HILL, LLC, an Idaho limited liability company, the "Grantor," and L & G
MURGOITIO, LLC, an Idaho limited liability company, the "Grantee," which has a
current mailing address of 6575 S. Locust Grove Road, Meridian, Idaho, 83642.
WITNESSETH:
For valuable consideration the Grantor does hereby grant, bargain, sell and
convey unto the Grantee that certain real property situate in the County of Ada, State of
Idaho, which is more particularly described on EXHIBIT "A" attached hereto and
incorporated herein by reference ("Premises"):
TOGETHER WITH all and singular the buildings, structures, improvements,
tenements, hereditaments, appurtenances and water and ditch rights thereunto
belonging or in anywise appertaining, including but not limited to that portion of State of
Idaho Water Right #63-11703 appurtenant to the Premises, the reversion and
reversions, remainder and remainders, rents, issues and profits thereof.
WARRANTY DEED - 1
02872.0002.1462070.1 0
806JECT TO:
The liens, encumbrances and other matters listed on EXHIBIT "B" attached
hereto and by this referenced made a part hereof ("Permitted Exceptions").
Grantor and Grantee acknowledge that the Mortgage listed as Permitted
Exception 15 on the attached EXHIBIT "B" is valid and binding and shall remain in full
force and effect. This Warranty Deed does not effect a merger of the fee ownership and
the lien of the Mortgage. The fee ownership of and the lien in the Premises shall
hereafter remain separate and distinct. Grantee reserves Grantee's rights to foreclose
the Mortgage at any time as to any party with any claim, interest or lien on the
Premises.
TO HAVE AND TO HOLD said Premises unto the Grantee and its successors
and assigns forever.
The Grantor covenants with the Grantee, its successors and assigns, that
Grantee shall. enjoy the quiet and peaceful possession of said Premises; that the
Grantor is lawfully seized of said Premises in fee simple; and the Grantor warrants that
the tide to said Premises is merchantable and free from all liens and encumbranpes,
excepting those to which this conveyance is expressly made subject, and that the
Grantor will warrant and defend the same from all other lawful claims whatsoever.
WARRANTY DEED - 2
02872.0002.1462070.1 0
IN WITNESS WHEREOF, this Warranty Deed has been duly executed by the
Grantor as of the day and year herein first above written.
SPRING HILL, LLC, an Idaho limited liability
company
By: J -LINE LP, an Idaho limited partnership,
Manager
By: 44trw s I.,
gono- JO&Son, Veral Partner
By.
Heidi M. Johnson eneral-Partner
STATE OF IDAHO )
) ss.
County of Ada )
�USAn .l /YlC_✓`f�i
On this day of , 2009, before me, ,
a Notary Public in and for said State, personally appeared Gregory B. Johnson and
Heidi M. Johnson, known or identified to me to be the General Partners of J -Line LP, an
Idaho limited partnership, the Manager of Spring Hill, LLC, an Idaho limited liability
company, and the Manager who subscribed said limited liability company name to the
foregoing instrument, and acknowledged to me that they executed the within instrument
on behalf of said limited partnership, and that such limited partnership executed the
same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
sae•°'�y 1. ME�'•�,,� '
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tyOTA,,R
®�® Notary Public for Idaho
I.. PUBT,ZY%si(fing at
�% 40. f- mmission expireg..,... r r
A4Z!W OF I��.•`, my Oomm',SSION EXPIRES 05-05-2011
WARRANTY DEED - 3
02872.0002.1462070.1
EXHIBIT "A"
PARCEL I (Parcel 0902):
A parcel of land being a portion of the North half of Section 5, Township 2 North, Range 1 East
of the Boise Meridian, Ada County, Idaho being more particularly described as follows:
Commencing at the Northwest corner of Section 5, Township 2 North, Range 1 East, Boise
Meridian, thence
South 89 degrees 57'42" East 2663.77 feet to the Northwest corner of the Northeast quarter of
the REAL POINT OF BEGINNING of this description; thence
South 89 degrees 57'30" East 287.50 feet along the North line of the Northeast quarter to a point;
thence
South 00 degree 00'00" East 104.38 feet to a point on the centerline of the Farr Lateral;
Along the centerline of the Farr Lateral the following: thence
South 69 degrees 12'36" East 194.76 feet to a point of curvature; thence 153.61 feet along a
curve to the right; said curve having a radius of 200.00 feet, a central angle of 44 degrees 00'19",
a tangent of 80.82 feet and a chord of 149.86 feet which bears
South 47 degrees 12'26" East 149.86 feet to a point of tangency; thence
South 25 degrees 12'17" East 135.17 feet to a point; thence
South 22 degrees 30'27" East 1518.71 feet to a point; thence
South 50 degrees 00'00" East 27.38 feet to a point; thence
South 00 degree 22'36" East 32.24 feet to a point; thence
North 64 degrees 59'21" West 64.46 feet to a point; thence
North 46 degrees 02'32" West 379.56 feet to a point; thence
South 68 degrees 36'36" West 694.84 feet to a point; thence
South 43 degrees 00'19" West 108.41 feet to a point; thence
North 78 degrees 30'03" West 191.66 feet to a point on the West line of the Northeast quarter;
thence
North 00 degree 0V1 8" East 1854.47 feet to the REAL POINT OF BEGINNING.
PARCEL 11 (Parcel 7700):
A Parcel of land being the Northeast quarter of the Southeast quarter and the North half of the
Southeast quarter of the Southeast quarter of Section 6, Township 2 North, Range 1 East of the
Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the Northeast corner of Section 6, Township 2 North, Range 1 East, Boise
Meridian, thence
South 00 degree 04'35" East 2671.15 feet to the East quarter corner of said Section 6, the REAL
POINT OF BEGINNING of this description; thence
South 00 degree 04'40" East 1991.89 feet to the Southeast corner of the North half of the
Southeast quarter of the Southeast quarter; thence
North 89 degrees 22'09" West 1323.43 feet to the Southwest corner of the North half of the
Southeast quarter of the Southeast quarter; thence
North 00 degree 01'54" West 1991.70 feet to the Northwest corner of the Northeast quarter of
the Southeast quarter; thence
South 89 degrees 22'35" East 1321.82 feet to the REAL POINT OF BEGINNING.
02872.0002.1482070.1
EXHIBIT "B"
1. Taxes and assessments for the year 2009, not yet due and payable.
2. Liens, fees and charges for trash services as provided by Ada County Ordinance
No. 467 amending Title 5, Chapter 2, Section 4 of Ada County Code. None now
due and payable.
3. Liens and assessments of the following district and the rights and powers thereof
as provided by law. District: Nampa Meridian Irrigation District. None now due
and payable.
4. Liens and assessments of the following district and the rights and powers thereof
as provided by law. District: New York Irrigation District. None now due and
payable.
5. Liens and assessments of the following district and the rights and powers thereof
as provided by law. District: Boise Kuna Irrigation District. None now due and
payable.
6. An easement containing certain terms, conditions and provisions affecting a
portion of said premises and for the purposes stated herein
For: Power Line Easement
In Favor of: Charles Clucas and Francy Clucas to Idaho Power Company
Recorded: February 24, 1950
Filed In: Book 22 of Miscellaneous Records at Page 309
Affects: Parcel I
7. An easement containing certain terms, conditions and provisions affecting a
portion of said premises and for the purposes stated herein
For: Right of Way
In Favor of: Pacific Northwest Pipeline Corporation
Recorded: September 23, 2955
Filed In: Book 29 of Miscellaneous Records at Page 468
Affects: Southerly portion of Parcel I and property to the South
8. An easement containing certain terms, conditions and provisions affecting a
portion of said premises and for the -purposes stated herein
For: Right of way
In Favor of. Pacific Northwest Pipeline Corporation
Recorded: September 23, 1955
Filed In: Book 29 of Miscellaneous Records at Page 471
Affects: Parcel I and other property
02872.0002.1482070.1
9. An easement containing certain terms, conditions and provisions affecting a
portion of said premises and for the purposes stated herein
For: Power Line Easements
In Favor of: Delmer E. Buchanan and Sharon C. Buchanan to Idaho Power
Company
Recorded: August 10, 1970
Recorder's Fee No.: 748463
Affects: Northeast quarter of the Southeast quarter of the Southeast quarter of
Section 6, Township 2 North, Range 1 East
Affects: Part of Parcel II
10. Rights of way as disclosed by available maps.
For: Farr Lateral
Affects: Parcel I
11. Rights of way as disclosed by available maps.
For: Rawson Canal
Affects: Parcel II
12. Matters disclosed by Record of Survey
Recorded: July 22, 1996
Instrument No.: 96061062
Survey No.: 3614
Affects: Parcel I
13. An easement containing certain terms, conditions and provisions affecting a
portion of said premises and for the purposes stated herein
For: Overhead easement
In Favor of: Idaho Power Company
Recorded: May 30, 2003
Instrument No.: 103088644
Affects: part of the North half of the Southeast quarter of the Southeast quarter
of Section 6, Township 2 North, Range 1 East
Affects: Parcel Il
14. Matters disclosed by Record of Survey
Recorded: February 6, 2007
Instrument No.: 107017389
Survey No.: 7782
Affects: Parcel I
02872.0002.1462070.1
15. i ., M�brt ege to s��ur ani` rtdeb4edhbb ' of $ 0,00010,6n' any other amounts
es therein.provided, pey�ble U'Mot the titins, cdhditioh6, previsiohs and
stipulations thereof.
Dated: July 29, 2003
Mortgagor: Spring Hill, LLC
Mortgagee: Hopkins Northwest Fund, L.L.C., an Idaho limited liability company
as trustee for the benefit on a parity for all Series "NW" Debenture Holders
Recorded July 30, 2003
Instrument No.: 103127405
The beneficial interest of Deed of Trust was assigned by Instrument
Dated: May 16, 2005
To: Hopkins Growth Fund, LLC, an Idaho limited liability company "as trustee for
the benefit on a parity for all Services "G" Debenture Holders"
Recorded: June 3, 2005
Instrument No.: 105071363
Affects: Parcels I and II
The beneficial interest of Deed of Trust was assigned by Absolute Assignment as
evidenced by Notice of Absolute Assignment
Dated: Lk -10 , 2009
To: L & G Mur oitio, LLC
Recorded: WT 10-f , 2009
Instrument No.: ivy DLA I604
Affects: Parcels 1& II
EXHIBIT "B" - 3
02872.0002.1462070.1
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
u 14
ame) _ j®/ 1� address)
Me'r,
.moi TL
7
(city) (state)
being first duly sworn, upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
MW
'�s' gwL�_ P/
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership 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 processing said application(s).
-5�
Dated this day of r< , 20
—Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
TAMMY YOUREN
NOTARY PUBLIC
STATE OF IDAHO
i
I eq
tar ublic for Idaho)
Residing at: ( GlstJl t✓�
My Commission Expires: zs/�l
Community Development ■ Planning Division ■ 33 E, Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/plannin
CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Project/Subdivision Name: Murgoitio Property Date: 12/5/16
Applicant(s)/Contact(s): Mike Murgoitio, John Mead
City Staff: Sonya Caleb Ted
Location: 7695 S. Locust Grove Rd. Size of Property: 59.5
Comprehensive Plan FLUM Designation: LDR Q or fewer units/acre)
Existing Use: Mix of uses as allowed in DA Existing Zoning: RR -44
Proposed Use: storage of bark/playground chips in bins on-site load/unload product park 2 trucks & an office trailer.
Proposed Zoning:
Surrounding Uses: Aa/rural residential
Street Buffer(s) and/or Land Use Buffer(s): NA
Open Space/Amenities/Pathways: NA
Access/Stub Streets/Street System:
Waterways/ Floodplain/Topography/Hazards: The Rawson Canal bisects this site; Beckdolt Lateral crosses the SWC of the site
History: H-2015-0019 South Meridian annexation
Additional Meeting Notes: Amend DA to allow proposed use as an interim use to residential until such time as adiacent properties re-
develop (#410)
Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To
avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application
to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387-
6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process.
Other Agencies/Departments to Contact:
❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID)
❑ Public Works Department
❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District
❑ Building Department
❑ Republic Services ❑ Police Department
❑ Parks Department
❑ Central District Health Department ❑ Fire Department
❑ Other:
Application(s) Required:
❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer
❑ Rezone
❑ Alternative Compliance X Development Agreement Modification
❑ Short Plat
❑ Annexation ❑ Final Plat
❑ Time Extension — Council
❑ City Council Review ❑ Final Plat Modification
❑ UDC Text Amendment
❑ Comprehensive Plan Amendment — Map ❑ Planned Unit Development
❑ Vacation
❑ Comprehensive Plan Amendment — Text ❑ Preliminary Plat
❑ Variance
❑ Conditional Use Permit ❑ Private Street
❑ Other
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public
hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice
in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations).
The information provided during
this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may
affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months.
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Timber Creek Recycling, LLC
7695 S. Locust Grove Rd
Meridian, Id 83642
March 1, 2018
Dear Neighbor:
We would like to invite you to join us to discuss the possible future changes to
our site Located at 7695 S. Locust Grove Rd. Meridian, Id 83642
Listed below are the Parcels that are included
• Parcel: S1406417700 7695 S. Locust Grove Rd Meridian, Id 83642
• Parcel: S1406428305 960 E Columbia Rd Meridian, Id 83642
• Parcel: S1406449900 1570 E Columbia Rd Meridian, Id 83642
Discussing some of the changes to our development agreement will be.
• Adding a composting facility with new wastes of food, garden and bio -
solids.
• Wholesale and retail site
• New 80'X 20' building
• Scale
Activities to be added.
• Wind rowing
• Bagging
Removal of compost and other products may incur extra traffic.
Date set.for discussing is,
Thursday March 8`h- 2018 at 7:00 P.M. at
Mountain View High School in the Lecture Hall
2000 S. Millennium Way
Meridian, Id 83642
Bring your questions and concerns along with any ideas or issues you have.
Sincerely,
ik urgoitio
Icy s WAWAI
Tammy Youren <tammyyourenl@gmail.com>
Timber Creek Recycling, LLC letter to neighbors
2 messages _.
Tammy Youre11 n 11- <tammyyouren1@gmaiI com> Thu, Mar 1, 2018 at 1:51 PM
To: sallen@meridiancity.org
Good afternoon Sonya,
Mike Murgoitio asked me to send this to you and let me know if it is okay or what changes need to be made, I
would like to thank you in advance for taking the time to look it over.
Thanks Tammy
Tammy Youren
Timber Creek Recycling, LLC
MM Demolition, LLC
Murgoitio Ranch, LLC
208-887-8546 Office
tammyyouren 1 @gmail.com
Letter to neighbors.docx
112K
Sonya Allen <sallen@meridiancity.org>
To: Tammy Youren <tammyyouren1@gmail.com>
Looks good, thanks!
From: Tammy Youren [mailto:tammyyourenl@gmail.com]
Sent: Thursday, March 1, 2018 1:52 PM
To: Sonya Allen
Subject: Timber Creek Recycling, LLC letter to neighbors
Good afternoon Sonya,
Thu, Mar 1, 2018 at 2:36 PM
Mike Murgoitio asked me to send this to you and let me know if it is okay or what changes need to be made, I
would like to thank you in advance for taking the time to look it over.
Thanks Tammy
Tammy Youren
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C�� fIERJDIAN��— Meridian City Hall, Suite 102
33 E. Broadway Avenue
a Meridian, Idaho 83642
Community Development 208.887.2211
Department
Parcel Verification
Date: 4-12-18
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name: Timber Creek Site 1
T/R/S: 2N 1E 06
Parcel Numbers: S1406417700 (59.5 Acres) - L & G Murgoitio LLC
S1406449900 (19.12 Acres) - L & G Murgoitio LLC
S1406428305 (77.88 Acres) - Murgoitio Revocable Trust
Address Verification Rev: 04/23/12
;yw
I
timber Creek Recycling
messages
'ammy Youren <tammyyouren1@gmail.com>
o: mwallace@achdidaho.org
Tammy Youren <tammyyourenl@gmail.com;
Thu, Mar 1, 2018 at 3:12 PN
Good afternoon Mindy,
Mike Murgoitio asked me to send you the information on some changes to our site. Please see
attachments.
Thank you for your time.
Tammy Y
Tammy Youren
Timber Creek Recycling
MM Demolition
Murgoitio Ranch
203-337-3540 Office
208-895-1409 Fax
Letter to ACHD.pdf
947K
Mindy Wallace <Mwallace@achdidaho.org> Mon,,Mar 5, 2018 at 2:51 PN
o: Tammy Youren <tammyyouren1@gmail.com>
;c: "Sonya Allen (sallen@meridiancity.org)" <sallen@meridiancity.org>, Bill Parsons
:bparsons@meridiancity. org>
required application,
y
Mindy
Timber Creek Recycling, LLC
7695 S. Locust Grove Rd
Meridian, Id 83642
March 1, 2018
Mindy,
Some of the things that we will be adding at our current site, located at
7695 S. Locust Grove Rd. Meridian, Id 83642 would include accepting
garden and food waste from Republic Services. We anticipate this to be seven
garbage trucks per day.
A wholesale and retail site along with a bagging shed.
Mike Murgoitio
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
Applicant/agent signature
Date
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 Nvway.meridiancitv.ora/planning
a!:
Property Details for Parcel S1406417700 and Year 2017
Back to Parcel Search
Parcel: 51406417700
Year: 2017
Primary Owner:
L & G MURGOITIO LLC
Zone Code: R-4
Total Acres: 59.5
Tax Code Area: 03-19
Instrument Number:
109041048
Property Description:
NE4SE4 N2SE4SE4 EXC R/W
SEC 6 2N lE
#410000 R
Address: 7695 S LOCUST GROVE RD MERIDIAN , ID 83642
Subdivision: 2N lE 06
Land Group Type: SECT
Township/Range/Section: 2N1E06
Valuation Details
Acreagel
AssessedE
Valuation
! Code Areal
a Role j SCC
Value
Method
Property�10 IRRIGATED AG
45743
e
$79 100
�.
�
INCOME
?
03-19
-
,Property=190 WASTE LAND _ _.
2.757
$0
INCOME
03-19
__
€Property!100 HOMESITE ON AG
1.0
;$85,100
MARKET
03-19
lProperty€180 OTHER LAND
X10.0
F
.$72,000
{,MARKET
03-19 y
320 IMPROVEMENTS OTHER THAN0.0
PropertyiRESIDENTIAL
i
$23,700
COST
iO3-19
-
Valuation History
Year Value
2017 $254,900
2016 $254,400
2015 $247,600
2014 $233,000
2013 $247,900
2012 $245,000
2011 $235,000
2010 $251,500
2009 $299,700
2008 $391,200
2007 $386,400
2006 $350,400
2005 $314,300
2004 $310,700
2003 $261,800
2002 $250,000
2001 $236,000
2000 $216,100
Tax Districts _.
Tax
Levy
Description
Phone
District]
_..
I
0.002953537
,ADA COUNTY
208 287-7000
j13
10.000146049
1EMERGENCY MEDICAL
1208-287-2962
6
;0.000923828
!ADA COUNTY HIGHWAY
DIST
208-387 6123
d
t9
0.009999999
1SCHOOL DIS TRCT
_.. RI
NO 3
_
208-922-1000
,11
iO.000541926
KUNA LIBRARY
208-922 1025
118X0.003701879
!MERIDIAN CITY
1208-888-4433
1
:43
10.000028307
'MOSQUITO ABATEMENT
,208-577-4646
100
0.000153551COLLEGE
OF WESTERN
IDAHO
:208-562-3295
Total Levy: 0.013449076
Taxes,
Certifications,
and Fees
Year
Total Taxes
Taxes Paid
; Taxes Due
Delinquent
Tax Data
t
icurrent as oft
12017
;$3,428.18
;$3,428.18
1$0.00
INo
09/10/2018 i
12016
i$2,889.44
$2,889.44
$0.00
lNo
;04/10/2018
'2015
$3,152.86
1$3,152.86
`$0.00
No
104/10/2018
12014
$3,110.58
:$3,110.58
$0.00
jNo
:04/10/2018
2013
$3,639.69
$3,639.64
$0.00
1No _
E.04/09/2018
2012
;$3,810.14
i$3,810.14
1$0.00
!No
!09/09/2018 t
2011
$2,902.62
:$2,902.62
$0.00
ENo
.04/09/2018
I E2010R
$2,996.24
! �.
$2,996.24
$0.00
$
No
04/09/2 018
;2009
?$3,134.42
..;
($3,134.42
1$0.00
INo04/09/2018
€2008
;$3,240.20
x$3,240.20
1$0.00
lNo
104/09/2018
62007
'$3,115.82
$3,115.82
1$0.()o
No
109/09/2018
Characteristics
Land
Residential
3
Property Details for Parcel S1406449900 and Year 2017
Back to Parcel Search
Parcel: S1406449900
Year: 2017
Primary Owner:
L & G MURGOITIO LLC
Zone Code: R-4
Total Acres: 19.12
Tax Code Area: 03-19
Instrument Number:
109041047
Property Description:
S2SE4SE4 EXC R/W
SEC 6 2N lE
#443000 R
Address: 1570 E COLUMBIA RD MERIDIAN , ID 83642
Subdivision: 2N lE 06
Land Group Type: SECT
Township/Range/Section: 2N1E06
Valuation Details
Assessed j valuation `
Role SCC Acreage Code Area
Value Method
'Property�183 FEED LOT19.12 $61,200 MARKET 03-19
Valuation History
Year Value
2017 $61,200
201.6 $61,200
2015 $61,200
2014 $61,200
2013 $61,200
2012 $183,600
2011 $260,000
2010 $345,500
2009 $369,200
2008 $396,300
2007 $388,400
2006 $285,300
2005 $290,200
2004 $286,800
2003 $259,100
2002 $187,900
2001 $186,300
2000 $146,300
Tax Districts
Tax Levy i Description Phone
District,
1 0.002953537 (ADA COUNTY 208-287-7000
i3 10.000146049 jEMERGENCY MEDICAL 1208-287-2962 j
6 10.000923828 ;ADA COUNTY HIGHWAY DIST 208-387-6123
19
10.004999999
[SCHOOL DISTRICT
NO 3
i208-922-1000
?
11
?0.000541926
!KUNA LIBRARY
1208-922-1025
18
0.003701879
jMERIDIAN CITY
j208-888-9433
43
0.000028307
IMOSQUITO ABATEMENT
,208-577-4646
100
;0.000153551
COLLEGE OF WESTERN
IDAHO
208-562-3295
Total Levy:
0.013449076
Taxes,
Certifications,
and Fees
Year
j Total Taxes
Taxes Paid
Taxes Due
Delinquent
Tax Data
;Current as ofj
2017
1$823.10
4$823.10
x$0.00
INo
;09/10/2018
€2016
,$695.12
x$695.12
j$0.00
04/10/2018
;04/10/2018
2015
_$779.28
, $779.28
$0.00
jNa
2014
$817.04
1$817.04
'$0.00
No
09/10/2018
2013
$898.52
$898.52
$0.00
1No
09/09/2018 i
-
x2012
_...
$2,855.26
_
1$2,855.26
$0.00
jNo
04/09/2018
2011
;$3,211.46
1$3,211.46
1$0.00
jNo
09/09/2018
2010
04/09/2018
2009
' $3,861.30$3,861.30
$D.00No
No
y04/09/2018
2008
$3,282.42
$3,282.42
$0.00
!No
04/09/2018
2007$3,131.90
1$3,131.90
-$0.00
No
109/09/2018
Characteristics
Land
Property Details for Parcel S1406428305 and Year 2017
Back to Parcel Search
Parcel: 51406428305
Year: 2017
Primary Owner:
MURGOITIO REVOCABLE TRUST
Zone Code: R-4
Total Acres: 77.88
Tax Code Area: 03-19
Instrument Number:
2015009277
Property Description:
PAR 48305 OF W2SE4
SEC 6 2N lE
#428300-B
Address: 960 E COLUMBIA RD MERIDIAN ,
ID 83642
Subdivision: 2N 1E 06
Land Group Type: SECT
Township/Range/Section: 2N1E06
Valuation Details
Role SCC
Acreage;
Assessed
Valuation
Code Area;
F
Value
Method
EProperty110 IRRIGATED AG
59.58
1$96,500
JINCOME
103-19
Property;50 DRY GRAZING
117.83
$1,100
JINCOME
F03-19
Property 190 WASTE LAND
;0.47
;$0
EINCOME
;03-19
Valuation History
Year Value
2017 $97,600
2016 $97,400
2015 $96,300
2014 $83,000
2013 $138,500
2012 $134,800
2011 $172,600
2010 $177,300
2009 $188,500
2008 $195,200
2007 $194,100
2006 $140,200
2005 $105,100
2004 $94,300
2003 $88,100
2002 $78,100
2001 $78,500
2000 $59,900
Tax Districts
E Tax Levy _
;District;
Description
Phone ...
1 ,0.002953537 'ADA COUNTY
208
287-7000
3
X0.000146049
iEMERGENCY MEDICAL
208-287 2962
;6
A.000923828
ADA COUNTY HIGHWAY DIST
208-387-6123
9
0.0049999...
99
iSCHOOL DISTRICT NO 3
1 €208-922-1000
11
10. 0005 91926
KUNA LIBRARY
22-1025
208-9
=18
_ .. ..
30.003701879
;MERIDIAN CITY
208-888-4433
43
10.000028307
1MOSQUITO ABATEMENT
j208-577-4646 j
100
.0.000153551
COLLEGE OF WESTERN IDAHO
208-562-3295
Total
Levy: 0.013449076
2013
$2,033.38
Taxes, Certifications, and Fees
1
Year
{
Total Taxes
Taxes Paid
Taxes Due
:
s Delinquent
Tax Data
j ;Current as oft
€2017
$1,312.66
?$1,312.66
1$0.00
1No
04/10/2018
;2016
1$1,106.28
;$1,106.28
$0.00
No
09/10/2018
;2015
$1,226.26
$1,226.26
$0.00
_ .
No
04/10/2018
:2014
_..
1$1,108.04
;$1,108.04
$0.00
�No
:04/10/2018
2013
$2,033.38
,$2,033.38
$0.00
No
04/09/2018
:2012
x$2,096.40
1$2,096.40
;$0.00No
04/09/2018
2011
$2,131.90
1$2,131.90
$0.00
iNo
04/09/2018
2010
;$2,112.30
$2,112.30
$0.00
!No
04/09/2018
;2009
1$1,971.42
1$1,971.42
T
;$0.00
No
04/09/2018
€2008
1$1,616.74
1$1,616.74
$0.00
�NO
09/09/2018
2007
$1,565.20
;$1,565.20
j$0.00
No
04/09/2018 3
Characteristics
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4
AMENDED DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. L & G Murgoitio, LLC
THIS AMENDED DEVELOPMENT AGREEMENT (this "Agreement"), is made and
201 9, by and between the City of
entered into this day of
Meridian, a municipal corporation of the State of Idaho, hereafter called "City", and L&G
Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642
hereinafter called "Owner/ Developer."
1. RECITALS:
1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho, described in
Exhibit "A", which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the "Property"; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, require or permit as a condition of re -zoning that an owner or
developer make a written commitment concerning the use or development
of the subject property; and
1.3 WHEREAS, the City has exercised its statutory authority by the
enactment of Section 11-513-3 of the Unified Development Code
("UDC"), which authorizes development agreements upon the annexation
and/or re -zoning of land; and
�OF40ffl> S �fl i w,
PP P F& --of 4h et-iHe -qA 4i
1c �-lv,—ffid
1.1 l 4Nar4-rp?pWIIEIZEAs„ tqfacilitate the �ijy's e� os,1l tee a: iiiae 1110
i 1.0 alt, for re��ciin �cl �ol��i�c,si: , the City and the Owner/Developer
have attempted to negotiate terms and conditions into this Agreement to
allow for the -Ued-CXM1nded use of the Property -44h! --, �
AMENDED DEVELOPMENT AGREEMENT - 1
55663.0002.11001320.1
and
1.2 . , WHEREAS, the City and the Owner/Developer agree to negotiate in
good faith and seek resolution to any conditions or circumstances that
exist at the time o ei ct1 aE <,t rF�.Aineliclecl . Devc,fal sie
_reeiiient is ga v_eci �a�)cl CXeCLItecl ffi It are 6keeessary loo the c X�)'111clecl.._
clse of tlae PMDehty, and
1.3 "WHEREAS, the Owner/Developer, the City, and others made
representations at the public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council, as to the
eu L�pMposec_ uses of the Property and how the Property may be
developed, if any, at this time or in the future; and
g �,�g a—E ✓mss Ti�Jv¢L�24
�+,� g' �g
��g �n<-}4'II-��%'V¢ � �2 Y EJ'S�,'�'l..I Y� i4.£9���✓g °'F"0 �� Y-F"if .i �e'C.➢�.i"I'i�A £�"
IA 4::4-OWHEREAS, the Meridian City Council, on the day of
20, approved certain Findings of Fact and Conclusions
of Law and Decision and Order ("Findings"), which have been
incorporated into this Agreement and attached as Exhibit "B" and have
been accepted by Owner/Developer; and
1.5 WHEREAS, the Findings require the Owner/Developer to enter into
this Agreement before the City Council takes final action on annexation
and zoning designation; and
L6 4-42WHEREAS, the Owner/Developer deems it to be in its best interest to
be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily; and
L7 -1-14WHEREAS, the City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the use
x-Aof the Property is in
accordance with the terms and conditions of this Agreement, herein being
established as a result of evidence received by the City<ti1-
-y a ffk,,11 and from affected property owners i to-
: ns �--4-1— e --o l 1 t1 I
Al ENDED DEVELOPMENT AGREEMENT - 2
55663.0002.11001320.1
R tit 04-(fiffl-Pfl-6e:
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
INCORPORATION OF RECITALS
: That the above recitals are contractual and binding and are incorporated herein as if set
forth in full.
DEFINITIONS
: For all purposes of this Agreement the following words, terms, and phrases herein
contained in this section shall be defined and interpreted as herein provided, unless the clear
context of the presentation of the same requires otherwise:
CITY
means and refers to the City of Meridian, a party to this Agreement, which is a
municipal corporation and government subdivision of the state of Idaho,
organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
OWNER/DEVELOPER
: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust
Grove Road, Meridian, Idaho 83642, Meridian, Idaho 83642, the party
that owns the Property and shall include any subsequent
owner/developer(s) of the Property.
SITE/PROPERTY
: means and refers to that certain parcel(s) of property located in the County of
Ada, City of Meridian as described in Exhibit "A"
K+P�)441" �-attached
hereto and by this reference incorporated herein as if set forth at length.
The terms, in any form, may be used throughout this document and are
meant to be interchangeable in meaning unless specifically defined.
DEVELOPMENT/REDEVELOPMENT
means any construction or installation of a structure, or any change in use of an
existing structure, or any subdivision of the Property, or any change in the
use of the Property that creates additional or different demand and/or need
AMENDED DEVELOPMENT AGREEMENT - 3
55663.0002.11001320.1
for public facilities or services €= ,�ex�,eptLs=--
L)(gLL'ljittecl The terms, in any form, may be used throughout this
document and are meant to be interchangeable in meaning unless
specifically defined.
USES PERMITTED BY THIS AGREEMENT
The right to use and develop the Property1c-r-- m`1-6+ n -shall be in accordance with
the terms and conditions of this Agreement. The following uses on the Property are specifically
allowed:
4.1 All uses allowed or will be allowed in the future under the City's Zoning
Ordinance codified in the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
4.3 Any existing and ftl[ ree written agreements for the collection, disposal, or
maintaining of solid waste in pursuance of an agreement with the City's
solid waste franchisee may remain until such time that the Property is
developed in the future..
4.4 Any currently allowed use in Ada County regarding the raising or
maintaining of livestock shall remain on the Property until such time that
the Property is developed in the future. The Property maintains a livestock
business and operation. All existing uses and operation on the Property
relating to the livestock business and operation at the time of annexation
may remain until the Property is developed in the future. .
4.5 The Property will have an exemption to Meridian City Code 6-3-10,
Firearms; Dischargeable Instruments, until such time that the Property is
developed in the future.
4.6 Any use constituting an "agricultural operation", as defined in Idaho Code
§ 22-4502 until such time the Property is developed in the future.
4.7 Currently stored or maintained on the Property: farm equipment, vehicles
(registered and unregistered), and excess organic and/or inorganic material
necessary for the agricultural operation of the property. Such items may
include but not be limited to weed spray, gasoline, diesel, wood, compost,
fertilizers and the like in quantities not usually found in urban residential
properties. Such storage may remain in the current condition at the time of
annexation until such time that the Property develops in the future. f4ft r .—
AWDED DEVELOPMENT AGREEMENT - 4
55663.0002.11001320.1
4.8 Operate Timber Creek Recycling on the Property as is currently conducted
or may be conducted in the future whether LHICIer the rranie ol'Jin l-rcr
Creek [�ecyc[ir or. araotlie tiny. The following outlines the
primary activities, but not all activities, related to the operation _-or°
Qposed oL:LtLaflQit_of Timber Creek Recycling on the Property:
Recycled Materials
Timber Creels Recycling receives or may receive the following materials
(collectively "Recycled Materials"):
(a) Wood. Wood is slid will be delivered to the Property from
the Ada County Landfill --4m41 -, _Republic Services-.-------
�r=X13-�x�-ir•--'. �cl--to--1-���r=--���=s--tc�-�r��-€-�t=� _���i.�__..
tr ski � of w-ae,4-de-der %to t -b'�c, i 1' !1-
1c1
other sources. __
(b) Grass. Grass clipping are tan -d �yill be delivered to the
Property from Republic Services— 4��1r�ry1- i5
alld of er®SOUrces
of grass clippings-(1rr di 1�.
(c) Leaves. Leaves are and_will be delivered to the Property
from the Ada County Landfillll -a r
and oflier soleircm= s..
of
(d) Sheetrock
Sheetrock - ancI/or° ,,y,s€arvi is and will be --delivered to the
Property from Republic Services.---4t,la=l err 1=i. -
1 E4 and d1ler So Urces_.
of sheetrockicto air:., ,=«r�il11.
a)Food Waste
Food waste will be deliverecl to the r`oer`tyrctra,IeirbEi,--
Services and other` sorsr°ces. --
Garden Waste
_._Food waste will be de iverecl to the FTOL)�gX fr°on tte paL!l;j c..w
Services and othersources
Demolition Debi -is
A M EN DED li) DEVELOPMENT AGREEMENT - 5
r "?4lat V,-7�,M,jP4?,.4
55663.0002.11001320.1
Deinolifloii &bris will be clelivereci to the Prq `t) i'co1i1
Other Materials
Owner/Developer is allowed to accept other materials to" recycle
which are of the same category as the materials identified
in Sections 4.8.1(a)-F4t171°ogifli 4., .1 ) or are
intended for agriculturali=-
d e
Recycling Activities
Owner/Developer is entitled to i1 -c - accept, processa+ s _utilize
am(l sell the Recycled Materials a ...... the
Property, "I e (i l ctivities' ). For purposes of clarity, but not
limitation, the following are
M exalflj es oi`�i?e ILeacojijigAetiv'tLes XVII el2 al°e -ellr7 ced
o1l the Prue ly:
Wood. Wood is ground, screened and stored on the
Property until used for bedding. Eck -
lCc --1 E1or±ci
(a) Grass
Grass is utilized as feed for livestock, as a soil amendment, and
for other agricultural use on the Property.
(b) Leaves
Leaves are processed and used on the Property as soil
amendment. Prior to processing, the leaves are store in
piles on the Property. Owner/Developer will comply with
requirements from the Idaho Department of Environmental
Quality, if any, in preventing substantial numbers of leaves
from being blown off of the Property.
AMENDED DEVELOPMENT AGREEMENT - 6
049742 -JM -W -7449-'M,4
55663.0002.11001320.1
(c) Sheetrock
Sheetrock is ground with wood and stored on the Property until
used for bedding or soil amendment.
---
,viie1'/Dcvcic��ci X61 al �(ar� l cl°-�i! 06` tile
Materials for° a coniiiiei'cilal collli)ostii _o pc ttoi� c>t-i�the
9 i"C3 J( i'ty. lli t{1C✓ cc;ili Csiil cess, Ow -,G E'/Develo P -iii f
iit.ilize ai ci.li"Rdi'i nt iiecessai i° the eiw )—( sirs« tsia_>tcs.,_
_ _. _
a€id i�ay acicl leccssaYy sia l i lents to the € ee cf_ii1#1__.
Materials as part of the cot'i�a_Illed�i< ii , i
lecessary-
b , Ci,,vLiei'/ eveiopci, iiiciLdciii��, est iiat liii)i€ed--
to, y si.iiii Lnd fei'ti l izer. __� ---.�_
(aOther Activities
Q��� e °/Lievc io cr ii -Lay gag l_il other activities i'elat€ ig to the
ohg�iit�ictti ctl" 1"iinbee Creek Recycling2 aird lililize ql-?v._ot_aL�l..
of the Itiecycliiliv Materials as dee112ecl ,y—,o)Blslte ��-
wiier/Qevclo ei,-)ticvided, however, that alb ally si ch Lisce-
shall he hi accordaiice Nvith air )Hca le laws gild i•eMifatiOlIs.__
Said other° Activities ii;cliide, bi1t are iiot (iioit to: —_ _,
€�1-iticli�;i
Qrhicifi �% as i� Z /else( aterials aiid the use of
loaders and excavators and other itf cessal'
e -Lli 2ilaoiit to�elfoi°€� slacl�1°ii�dla
crp—ice
e ` circ i _itsf airy R( c�c(c,d i" ateri its ii2cl�iciii tl�� tss� chi'
cove /Cir ! oll1illC ls` iso � cP 1i47 cS, ai6' s}/Sitfsills—"-
loaders avid another other' cctclf merit i1ecess In/to_---
screen the Rec�clecl Materials,-
_ _ _.
it1 lro vI1M
Whidrowing_Recycled Materials and the; case of windrow..
Willa aiid other' ec iii. i1lei�t itecessal'y to
l�ec � clec9 i/laterials;
AM EN DIED DEVELOPMENT AGREEMENT - 7
55663.0002.11001320.1
0rfis11ilb as llaH: gild C011 ete illCILldil the 11se._..af_?�._..
cl•usller acid oilret° ui i . �r essay _to._ec�_tis��i_
asphalt aiid colic€ete; aild
i? 'jii ill ?=.r_�tlii- 'oftryviili js —�Eti'( C)f the
ReQ,,cliiig Activities: 4Wdill�,' alICI Lill 10adiI-W ..01'
_._
tl•mks use oz' v atciiia cl°ucl s 01 the Propi icy ,lila
asart of ahs-,ecycliLic, Activities, risi_ 01 loatcl�_S,,_
b>1°tsclei°s, ti,�ct0i�s IMS-
othCi• liea ij)lllgilt, Rec_ cy lirl, Activities aiid_
i'e� aiat9of'i slid ilia€lltelsa€lce of the f tr'o��el� f`c�c Clic-
ReMeling Activities, erection aild use of a rveafliec•
statiotl, . illodificatioll of theProl)eLft ! t0r_°_ fli-e .
Recycl i Activltics, iilcliiCIiiIq (cacti"9Ell ICI rld
f el�i s� i.ise of air coign c,ssol°s,_nte?ato)rs. taLps ror
c;ovel°iil_ of R�gcLefilig, atei°lilts,
ger Lis, _Other Materials
Owner/Developer will process and utilize any additional
recyclable materials on the Property in a reasonable
manner.
Related Activities
Iii addition to the_f ce Jit , Ac,tiyilies
€_�\-vtlel°/°/Deveial)Cl• til y l ii'I LI Cs oil the P olpei°ty mmlia aLe'_.
related to,siig ort, or ale iii fi.4i` Herat -ice of the Re cliil,=ti Activities
i t i itod Activities"h F �il 0sc..s oi' cltii°ice, i lli 11ot HHTIJ[a_6i 11
the follo.viilg rile exail les of the Related Activities:_�_.
(a Truck Parking. .__C _iler/uevclo_)er inay park 'MICkS Used
fol° deliver°y, ter oval aiid/or processigg of let ciecl
Materials M dje Proir,,l°fX._
C}witei/I)eveiox-, iya f dace, acted, 1i°lailltaiii, i°e�a�, relocate
_ aild reprove ally ggLii ePrt fix1ures Gild p(,rsoilal piqLc
onto aiid from the Plooertyiii order to ell age iii the
F ec, ;yciiliaActi�dlies.
Ma r k ill <aal cl a of Processed l e2riing Materials.
AMI=,-INDEI) DEVELOPMENT AGREEMENT - 8
l 4,724llul _?_, g9, c; l
55663.0002.11001320.1
vnel/Cc v Ie ��L;allon__
matcrials. Processed ReCyci�r2B N/t€lt€;ri-Is in(j do - arc _
riot jill-lited 1.0, h cllch, car °t est, bal°Ic to �rocra7cl IIir?s..
_ _� m_
saLICLL t01�e, etc.
T€-affic to Prcr �`%
The e t«lisp vir traffic to € nci fi,om the .lir __l q tyEs Ea r°€ to r°� rtted Feed
Shall r10t c0rIstitrrte a IlUisarIc0.
(a I 1je ivery pfl` € ycled Matei-i€lls
Leliwe€� ofc 0ly edtel°ils t0 t[e t'Lt-rEac Icy
cOr scrrIlc r trrBcl<S X31°ba ew_tr°UCkS9 semi -trailer tr=lr€ kS, MIC4__.
ala otflel�srl�iially sizes( tl°€selcs. 'ri-re 1-r€nnber cif deliv_enes,_
_ __
ori a claily basis, is caDesi ct thq rlUmber reas0rLa�' _
rrece ssahy X01' Iiri-sber° Creek Recyclim, t0 satrs� y _rts
contracts rrr,ci oa,r atEOrls 0r=tl�e�sIae�rt<2l 6i€r.�
____
Kcc / Ci materiaS
ROc € lLni;, Activit�ics
Traffic t�seraiit Timber Creek Recyclijig to iLkcILILttgb/
tl-le Res clil Aq ivit. ees, incl€lciirl 9 brri 110t H111 kec9___ic1 .
traffic for arty "afet�Ec;,rarrr_fixe �Ecvcrrtsc�rr2 csc9c>t°--
_ ___. �.
r�1arUe,1r-,(r`taricl co�ro13irr�c#il� and sa it et11r1f3
0�r.�lti0r¢s.
vre r/)eve[0ms Era€Li _c�$,r of er1�r €
E)dp�js_ r r pr°ocll_rcts of" the Rec chm Activities or
Related c ficti,iti€ t race ss€rte} E,0 t�iaintain the Ilrol- _y,_
c0rm)l i#I t ical-rle laws and or°ciirlari(LL_ ajid_satisi'y_.
Wil ber Creek Rec yclin )'s contracts and ubli eons eY
relatil� to tine Res cicci Materials° t �y0er "evelo
1°e1i10ye the c01 0st 01` 0th01-Ocillcts 01L -b dctcts
iZe�(!Li1) .0iivities by trtic k or any other means deemed _
a p !n2jj rte 014 nccessary,. MCI ill SUffic cent 11MI7bel w0 res k0
meet the above r;��rrt:0r�ec� obir�rrti0lrs.�
Wj Oth i` Tr-affic toI-( )€1
All other traffic to the €'1°0�ert t 11ecessar /for the
_ Timber Creekecy�� ijIl, jig Ljclit� L)u riot limited to tris --
AMEN DED DEVELOPMENT AGREEMENT - 9
(4,2 7P .40 0
55663.0002.11001320.1
sale of cosllcsost aged othep)°oclu s sold h3L UIY11;er C"ec c
BZ�Cal l i
Termination of Recycling Operations
The above listed recycling activities on the Property will cease, unless
permitted in the UDC:
(d) Upon the conveyance of the Property to a third party;
provided, however, that the conveyance of the Property: 1)
via intestacy or other estate planning devise or instrument;
2) to an immediate family member of any member of the
Owner/Developer; or 3) to an affiliated entity, will not
trigger the elimination of the uses permitted in this Section
4.8.3. For purposes of this Section 4.8.3, an "affiliated
entity" is an entity: (a) which is a successor to
Owner/Developer by either merger or consolidation or
pursuant to sale of all or substantially all of
Owner/Developer's assets or membership interests, or (b)
an entity controlled by, or under common control with; or
controlling Owner/Developer; or
(e) Within thirty (30) days of i*liotice of_the City
of Meridian granting a Certificate of Occupancy to any
residential or commercial development within -1-004-500-
feet
1-00 --- 00—feet of the grinding machine located on the Property, as
approximately depicted on the attached Exhibit-
���c�-ei3�--;1���:r1:=1c�-�=�1-�if°s�;�-e-i~-��°�;=���4=�� -._being
delivered to Owner/Developer.
4.9 Construction- cictl�oro-° t P1itgt 1� 116
or 117stalkitigii of` tlie.
followiI I , scale�lIQ Ise ,��ilh approximate dimensions of fo€ ate feet E��_f�tteetE feet �. 'x1 ') baths°o<�1�1 with a:���rc�xi,�satc
di11icnsiolis or t\yenty feet blit feet—(20' 9') �yith ra s s °sem stcrl� , { �tci
cj a_stog sliecl �yifh elmwm—):ln tc dii1le11Sioi1 0 fol deet l } I t "Cet
The Mlstl°Uc60:1, relocation or installatioli or the ibove_..
identified strUct111•es shall not constitute "development" as defined in
Section 3.4.
5. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY:
AMENDED DEVELOPMENT AGREEMENT - 10
55663.0002.11001320.1
5.1 Owner/Developer shall develop the Property in accordance with the
following special conditions:
5.1.1 -Fu–i.xce)t gs ofli ;iyis�� yLa ec8 iii �(iis dol°c iii (Li Lit,_ rt.iEL11:(.._
development of the Property shall comply with the ordinances in the
Meridian City Code in effect at the time of development.
5.1.2 i u4Hle— ;xce! as NIie i,wise j) •c videcl ili this A�
development of the Property shall comply with all bulk, use, and
development standards of the R-4 zoning district listed in UDC 11-2A-5,
unless rezoned by City in accordance with the UDC following application
by the Owner/Developer or future developer, and then in accordance with
the new zoning designation.
5.1.3 Any property or easements reasonably needed by the City to
provide any sewer or water infrastructure in furtherance of this Agreement
shall be provided by the Owner/Developer at no cost to the City.
5.1.4 Any future development of the Property which will require an
amendment to this Agreement to approve any proposed development plan
may be sought by the Owner/Developer. The first such request for an
amendment shall be at no cost to the Owner/Developer or future
developer.
COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN
6.1 The City intends to extend the sewer and water infrastructure ("Utility
Extension") which will benefit the Property, the City, and other adjacent
and adjoining properties. The City will endeavor to design the Utility
Extension in a manner consistent with the City's Sewer Master Plan
(including the assumptions and tolerances included in the Sewer Master
Plan) in existence at the time the city designs the Utility Extension. In
furtherance of this objective, the Utility Extension will include, but is not
limited to, the extension of:
(a) Water Mains; and
(b) Sewer Mains; and
(c) Trunk Lines.
A complete description of the Utility Extension is set forth in Exhibit "C",
incorporated by reference to this Agreement.
AMENDED DEVELOPMENT AGREEMENT - 11
55663.0002.11001320.1
6.2 The City shall be expending funds to plan, design, and construct the
Utility Extension described in 6.1 over the course of time. The City
anticipates completion of the initial phase of the Utility Extension in or
about Meridian Road/State Highway 69 within approximately two (2)
years from the date of the publication of the annexation ordinance for the
Property and the completion of the Utility Extension in or about Linder
Road and Victory Road in approximately four (4) years from the date of
the publication of the annexation ordinance for the Property. The above
described timelines for completion of the Utility Extension are subject to
the following conditions:
(a) Acts of God; or
(b) Denial of the Application by the City or any other
governmental agency with authority to approve or deny the
Application or Utility Extension; or
(c) Any legal challenge to the annexation of the Property that
causes the delay of the annexation approval; or
(d) The inability of the City to acquire all the needed target
properties necessary to allow for the necessary expenditure
of the Utility Extension; or
(e) Economic limitations, as prescribed by law; or
(f) Permitting limitations or denials; or
(g) The inability to acquire the necessary easements for the
Utility Extension; or
(h) Geology and/or geography of the area; or
(i) Weather conditions that may cause delay; or
(j) Unavailability or delay of materials for the Utility
Extension; or
(k) Review or delay by other agencies needed for approvals of
the Application or Utility Extension; or
(1) Labor disputes, strikes, work stoppages; or
(m) Limitations by other governmental, semi -governmental, or
private industry restrictions unanticipated at the time of
execution of this Agreement; or
AMENDED DEVELOPMENT AGREEMENT - 12
55663.0002.11001320.1
(n) Any and all contingencies, whether anticipated or not, that
are beyond the control of the City.
6.3 In the event the City reasonably determines that it cannot complete the
Utility Extension within the timeframes set forth above in Section 6.2 due
to the occurrence of any of the conditions set forth in Sections 6.2(a) to
6.2(n), the Owner/Developer or the City may terminate this Agreement.
upon compliance with the requirements of the UDC,
6.4 This Agreement is part of an application for the simultaneous annexation
of numerous parcels. This Agreement shall be null and void if the
annexation of the Property or any other of the parcels to be simultaneous
annexation is not approved.
DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING
DESIGNATION
Acts of Default
In the event either party fails to faithfully comply with all of the terms and
conditions included in this Agreement, this Agreement may be terminated
by the Owner/Developer or the. City upon compliance with the
requirements of this Agreement and in a manner prescribed by law or
ordinance.
Notice and Cure Period
In the event of any alleged default or failure to perform any obligation under
this Agreement, the non -defaulting party shall give the alleged defaulting
party written notice thereof. The party given notice of failure shall have a
period of thirty (30) days after such notice is given within which to cure
such default, which period shall be extended to the extent reasonably
necessary to complete such cure so long as the cure was commenced
within thirty (30) days after such notice is given and thereafter prosecuted
with due diligence.
Remedies
Remedies Against the Owner
AMEN DED DEVELOPMENT AGREEMENT - 13
55663.0002.11001320.1
/Developer. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to
have consented to modification of this Agreement and de -annexation and
reversal of the zoning designations described herein, solely against the
offending portion of Property and upon the City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions
of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by the
City. The sole remedy for enforcement of this Agreement may be sought
by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained within this Agreement or to de -annex the Property.
Remedy against the City
In the event of default by the City that is not cured after notice as described in
Section 7.2, the City shall be deemed to have consented to modification of
this Agreement and de -annexation and reversal of the zoning designations
described herein, solely against the offending portion of Property and
upon City's compliance with all applicable laws, ordinances and rules,
including any applicable provisions of Idaho Code §§ 67-6509 and 67-
6511. The City reserves all rights to contest whether a default has
occurred.
Delay
In the event the performance of any covenant to be performed hereunder by
either the Owner/Developer or the City is delayed for causes that are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
Waiver
A waiver by a party of any default of any one or more of the covenants or
conditions hereof shall apply solely to the default and defaults waived and
shall neither bar any other rights or remedies nor apply to any subsequent
default of any such or other covenants and conditions.
INSPECTION
: Following the development of the Property, Owner/Developer shall, immediately upon
completion of any portion or the entirety of said development of the Property, as required by
AMi;1'°xlDED DEVELOPMENT AGREEMENT - 14
42-X,7�)=1; 7v,x a_t ,,a.
55663.0002.11001320.1
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections
and written approval of such completed improvements or portion thereof in accordance with the
terms and conditions of this Agreement and all other ordinances of the City that apply to said
Property.
REQUIREMENT FOR RECORDATION
City shall record, at its cost and expense, either a memorandum of this Agreement or
this Agreement, including all of the Exhibits, and submit proof of such recording to
Owner/Developer, prior to the third reading of the ordinance annexing and re -zoning the
Property. If for any reason after such recordation, the City Council fails to adopt the ordinance
in connection with the annexation and zoning of the Property contemplated hereby, the City shall
execute and record an appropriate instrument of release of this Agreement, at its cost and
expense.
SURETY OF PERFORMANCE
: Following the development of the Property, the City may require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code §11-5-C, to insure the installation of future improvements, which the
Owner/Developer agrees to provide, if required by the City.
CERTIFICATE OF OCCUPANCY
: Following the development of the Property, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and accepted
by the City.
ABIDE BY ALL CITY ORDINANCES
That Owner/Developer agrees to abide by all ordinances of the City, except as
otherwise provided in this Agreement, and the Property shall be subject to de -annexation if the
Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and
the ordinances of the City.
NOTICES
: Any notice desired by the parties and/or required by this Agreement shall be deemed
delivered if and when personally delivered or three (3) days after deposit in the United States
Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows:
AMENDED DEVELOPMENT AGREEMENT - 15
55663.0002.11001320.1
CITY: City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
with copy to: City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER: L & G Murgoitio, LLC
6575 S. Locust Grove Road
Meridian, Idaho 83642
.1 JP i -A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the requirements of this section.
ATTORNEY FEES
: Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
TIME IS OF THE ESSENCE
: The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure to timely
perform any of the obligations hereunder shall constitute a breach of and a default under this
Agreement by the other party so failing to perform.
BINDING UPON SUCCESSORS
: This Agreement shall be binding upon and inure to the benefit of the parties' respective
heirs, successors, assigns and personal representatives, including City's corporate authorities and
their successors in office. This Agreement shall be binding on the Owner/Developer, each
subsequent owner and any other person acquiring an interest in the Property. Nothing herein
shall in any way prevent sale or alienation of the Property, or portions thereof, except that any
sale or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. City
agrees, upon written request of Owner/Developer, to execute appropriate and recordable
evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that Owner/Developer has fully performed its obligations under this Agreement.
AM ['N DED DEVELOPMENT AGREEMENT - 16
0*11--_- 14)17-,,_sem' ? 4
55663.0002.11001320.1
INVALID PROVISION
. If any provision of this Agreement is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity
thereof shall not affect any of the other provisions contained herein.
DUTY TO ACT REASONABLY
: Unless otherwise expressly provided, each party shall act reasonably in giving any
consent, approval, or taking any other action under this Agreement.
FINAL AGREEMENT
This Agreement sets forth all promises, inducements, agreements, condition and
understandings between Owner/Developer and City relative to the subject matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or written, express or
implied, between Owner/Developer and City, other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement
shall be binding upon the parties hereto unless reduced to writing and signed by them and
pursuant, with respect to City, to a duly adopted ordinance or resolution of City.
I ( .1 24) -,4 -No condition governing the uses and/or conditions governing re-
zoning of the subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or amendment in force at the time of
the proposed amendment.
EFFECTIVE DATE OF AGREEMENT
: This Agreement shall be effective on the date the -Meridian City Council shall adopt an
ordinance in connection with the annexation and zoning of the Property and execution by the
Mayor and City Clerk.
[SIGNATURES ON FOLLOWING PAGE]
AM E;NQED DEVELOPMENT AGREEMENT - 17
44',-7-X <!t.>ry,4s �V,4A)9w,.
55663.0002.11001320.1
IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided.
Date:
Date: .
ATTEST:
Jaycee L. Holman, City Clerk
STATE OF IDAHO )
ss.
County of Ada )
OWNER/DEVELOPER:
L & G Murgoitio, LLC
By: _
Name:
Title:
CITY OF MERIDIAN:
Mayor Tammy De Weerd
On this day of fir- 4/12/2018, 20-14-4/12/2018, before me,
a Notary Public in and for said State, personally
appeared , known or identified to me to be the
manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on
behalf of said limited liability company and acknowledged to me that such limited liability
company 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.
AMENDED DEVELOPMENT AGREEMENT - 18
55663.0002.11001320.1
Notary Public for Idaho
Residing at
My commission expires
STATE OF IDAHO )
ss.
County of Ada )
On this day of , 20 54/12/2018, before me, a Notary Public,
personally appeared Tammy De Weerd and Jaycee L. Holman, known or identified to me to be
the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the
person that executed the instrument on behalf of said City, and acknowledged to me that such
City 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.
Notary Public for Idaho
Residing at
My commission expires
AMENDED DEVELOPMENT AGREEMENT - 19
55663.0002.11001320.1