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Application MaterialsCit y Clerk’s Office ▪ 33 E. Broadway Avenue, Meridian, ID 83642 ▪ P: 208-888-4433 E:cityclerk@meridiancity.org ▪ www.meridiancity.org TRANMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendation will be considered by the Meridian Planning and Zoning Commission/City Council, Please submit your comments and recommendations to cityclerk@meridiancity.org, attention C.Jay Coles, City Clerk by February 15, 2019 Transmittal Date: December 26, 2018 Hearing Date: February 19, 2019 Project Name & File Number: Oaks North and South MDA H-2018-0117 Applicant: Toll ID I LLC Property Location: Located on the North and South side of McMillan Rd. between N. McDermott and N. Black Cat Rds. Application Request: For A Development Agreement Modification to modify the overall boundary of Oaks North and Oaks South development and update the zoning district boundaries, the concept plan and modify/remove certain provisions of the agreement that are no longer relevant to the project. City Council / Planning and Zoning Commission Valley Transit Mayor Idaho DEQ Sanitary Services West Ada School District Building Department & Community Development Meridian Post Office Fire Department Ada County Highway District Police Department Ada County Development Services City Attorney Central District Health City Public Works Compass City Planner Nampa Meridian Irrigation District Parks Departments Settlers Irrigation District Economic Development Idaho Power, Intermountain Gas, Century Link Historic Preservation Commission Idaho Transportation Department New York Irrigation District South or RR/SW Meridian Boise Project Board of Control NW Pipeline Boise-Kuna Irrigation District Ada County Associate Land Records Downtown Projects Meridian Development Corporation Hearing Date: February 19, 2019 File No.: H-2018-0117 Project Name: Oaks North and South MDA Request: Request to modify the overall boundary of Oaks North and Oaks South development AND update the zoning district boundaries, the concept plan and modify/remove certain provisions of the agreement that are no longer relevant to the project, by Toll ID I LLC Location: The site is located on the north and south side of McMillan Road between N. McDermott and N. Black Cat Roads, located in the NE 1/a and S 1/z of Section 28, Township 4N, Range 1W AND the N 1/z of Section 33, Township 4N, Range 1W. (-.-:M----ERJDIAM, it AH OCT 01 Ll Planning Division DEVELOPMENTREVIEW APPLICATION STAFF USE ONLY: I n n Project name:_. 06, A)0! o ul 4"tl File number(s):', Assigned Planner: jc><kr - -acv Related files: Type of Review Requested (check all that apply) ❑ Accessory Use (check only 1) ❑ Final Plat Modification ❑ Daycare ❑ Landscape Plan Modification ❑ Home Occupation Preliminary Plat ❑ Home Occupation/Instruction for 7 or more ❑ Private Street ❑ Administrative Design Review 'Property Boundary Adjustment ❑ Alternative Compliance ? Rezone ❑ Annexation and Zoning ❑ Short Plat ❑ Certificate of Zoning Compliance ❑ Time Extension (check only 1) ❑ City Council Review ❑ Director ❑ Comprehensive Plan Map Amendment ❑ Commission ❑ Comprehensive Plan Text Amendment ❑ UDC Text Amendment ❑ Conditional Use Permit ❑ Vacation (check only 1) ❑ Conditional Use Modification (check only 1) ❑ Director ❑ Director ❑ Commission ❑ Commission ❑ Variance B Development Agreement Modification ❑ Other ❑ Final Plat Applicant Information Applicant name: Toll ID I LLC Phone: 208-424-0020 Applicant address: 3103 W. Sheryl Drive, Suite 100 Email: TColeman@tollbrothers.com City: Meridian State: ID Zip: 83642 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned 8 Other Owner name: New Oaks LLC Owner address: 5662 Calle Real #254 City: Galeta Email: State: CA Phone: _ Zip: 93117 Agent/Contact name (e.g., architect, engineer, developer, representative): Becky McKay Firm name. Engineering Solutions, LLP Phone: 208-938-0980 Agent address: _ City: Meridian 1029 N. Rosario Street, Suite 100 Primary contact is: ❑ Applicant ❑ Owner 8 Agent/Contact Subject Property Information Email: es-beckym@gwestoffice.net State: ID Zip: 83642 Location/street address: NE of W. McMillan Road and N. McDermott Roads Township, range, section: T4N., R.1 W., Sec. 28 Assessor's parcel number(s), SO428336600 and SO428336400 Total acreage: 16.52 Zoning district: Ras and R-4 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orgJplanning -1 Rei,: (2/7/2018) Project/subdivision name: Oakwind Subdivision - Rezone, Development Agreement Modification and Preliminary Plat General description of proposed project/request: Request for rezoning of 16.52 acres from R-15 and R-4 to R-8 with a preliminary plat for 82 residential lots, 1 common driveway lot and 6 common lots - Oakwind Subdivision Proposed zoning district(s): R-8 16.52 acres R-8 Acres of each zone proposed Type of use proposed (check all that apply): 8 Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? HOA Which irrigation district does this property lie within? Creason Lateral Association Primary irrigation source: Creason Lateral Secondary: Irrigation Well Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): N/A Residential Project Summary (if applicable) Number of residential units. 82 Number of building lots: 82 Number of common lots: 6 Number of other lots: 1 common/driveway lot 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 .. 5,400 Gross density (Per UDC 11-lA-1): 4.96 4 or more bedrooms: Maximum building height: 35' Average property size (s.f.): 5,843 Net density (Per UDC 11-1A-1): 6.33 Acreage of qualified open space: 1.92 Percentage of qualified open space: 11.6 Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Landscaped parkways and common areas(1.92 acres) Amenities provided with this development (if applicable): Landscaped parkways and common areas. Type of dwelling(s) proposed: R Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Common lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Other lots: Existing (if applicable): Building height: Number of compact spaces provided: Authorization Print applicant name: Becky McKay, Enginering Solutions, LLP Applicant signature: Date: 10/4/18 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridianci .orWplanning -2- Rev: (2/7/2018) OAKWIND SUBDIVISION Rezone, Development Agreement Modification and Preliminary Plat Applications Written Narrative Introduction Toll ID I LLC seeks the City of Meridian's approval of Oakwind Subdivision, located northeast of the intersection of W. McMillan Road and N. McDermott Roads in Meridian, Idaho. Formerly approved as a portion of The Oaks North preliminary plat approvals, the applicant is requesting rezone of 16.52 acres currently zoned R-15 and R-4 to R-8. The preliminary plat includes 82 single-family residential lots, 1 common driveway lot and 6 common lots on 16.52 acres. The property currently vacant and used for agricultural purposes. Project Overview This portion of The Oaks was formerly proposed as a future multi -family residential area. Changes in market conditions have caused the developer to rethink this portion of the overall site and provide more single-family lots. The Oaks North Subdivision, a mixed -density residential community, provides an assortment of housing types and lot sizes within each individual neighborhood and significant amenities for all residents. Amenities at The Oaks include a multi- use pathway, swimming facility, a community center, a central park and numerous smaller parks comprising more than 27 acres of open space. Oakwind Subdivision will continue the high-quality design and mixed -density synergy of the overall development. A variety of housing types and sizes will be offered at a series of price points. Regardless of size, all homes will exhibit thoughtful design and distinct architectural features. All homes constructed in the community must be approved by an architectural committee through an internal design review process to ensure consistent quality. Oakwind Subdivision is designed with internal access through future phases of The Oaks North development. The rezone request of R-8 is consistent with the Meridian Comprehensive Plan Land Use Map designation of Medium Density Residential. The gross density of this preliminary plat is 4.96 dwelling units per acre, with a net density of 6.33 dwelling units per acre, which complies with the City's designation of Medium Density Residential and is less than the allowable 8 dwelling units per acre. The requested density is consistent with existing zoning designations east of the subject property, which is zoned R-4, and property to the south zoned R-15 and R-8. Community Amenities Recreational and open space amenities within The Oaks South Subdivision will be available to all residents of The Oaks North Subdivision and Oakwind Subdivision, which includes an Oak -wind Subdivision 1 of 3 expansive pathway and park system, including a multi -use pathway along Five Mile Creek, neighborhood parks, active recreation opportunities such as biking and jogging, which will allow residents to enjoy a walk throughout the community without encountering the traffic of users from the multi -use pathway. The pathways include distinctive road crossings to facilitate a pedestrian -friendly and interconnected system. The pathway system will connect amenities within the community including a central park and community center, several smaller neighborhood parks providing an abundance of open space, and the Five Mile Creek greenbelt. Residential Product Types Oakwind Subdivision includes proposed elevations that complement the styles of previous phases of The Oaks South Subdivisions. Photographs of housing examples have been included with this application. The homes in the community include front -loaded and shared driveways, which will appeal to a variety of homebuyers. Traffic Impact Study A detailed Traffic Impact Study (TIS) for The Oaks was completed. Ada County Highway District indicates that further traffic study is not necessary for the Oakwind Subdivision. The roundabout located at the mid -mile collector (Rustic Oak Drive) and McMillan Road is currently being designed by Six Mile Engineers, with construction in 2019. The recommended improvements, discussed in detail in the TIS, include turn lanes, intersection improvements and installation of traffic signals. The improvements will be installed when ACRD and/or ITD deem it necessary, based upon build -out of the community and neighboring developments and as traffic warrants are met. Infrastructure and Phasing Central sewer and water service are available from the City of Meridian. With construction of The Oaks South, an interim sewer lift station and pressure sewer line were installed, extending east on McMillan Road and then south on Black Cat Road to the North Black Cat Lift Station. Oakwind will connect to a 15 -inch gravity sewer main line in N. Trident Way. A 12 -inch water main line is located in McMillan, and extension will be made north into the subject site. Property Boundary Adjustment At the request of staff, we have submitted a property boundary adjustment to match the preliminary plat for Oakwind Subdivision. Development Agreement Modification The original file numbers for The Oaks North and South Subdivisions are AZ -13-008, RZ-13- 008, PP -13-013, PP -13-014 and MDA -13-015. The Oakwind parcel was formerly approved as part of the overall The Oaks North preliminary plat. The annexation ordinance (Ordinance No. 14-602, recorded as Instrument No. 114030973) and Development Agreement (Instrument No. 114030972) were approved by the Meridian City Council on April 22, 2014, and recorded on April 25, 2014. We respectfully request that an addendum to the development agreement be Oakwind Subdivision 2 of 3 entered into that deletes references to the multi -family component (Conditions of Approval 5.1.4, 5.1.12 of the Development Agreement and Planning Department Conditions of Approval 1.1.1.D. and 1.1.1.L.). Oakwind Subdivision Preliminary Plat In addition to the rezone to R-8 and modification of the existing development agreement, Toll ID I LLC requests preliminary plat approval of 82 single family lots, 1 common driveway lot and 6 common lots on 16.52 acres, for a gross density of 4.96 dwelling units per acre. Oakwind Subdivision will consist of detached single-family homes on lots ranging from 5,400 to 8,600 square feet. The average proposed lot size is 5,843 square feet. Home elevations representative of those proposed in the neighborhood are provided with this application. No variances are requested with this application. The total common area proposed in Oakwind Subdivision is 1.92 acres, equivalent to 11.6% of this phase of the project. Qualified open space equates to 1.19 acres, or 7.2%. The overall The Oaks North open space and amenities need to be considered, which included a five -acre central common area, swimming pool facility, playground, picnic facilities, pocket parks with amenities, and multi -use pathways. Oakwind also includes a 35 -foot buffer along N. McDermott Road. The neighborhood will be constructed with detached sidewalks, street trees and eight -foot landscaped parkways. Oakwind Subdivision 3 of 3 UUMMUUA 11Ul Y Pioneer[it I e U '�'' GQiNG Glt'Q�dt► 5680 East Franklin Road, Suite 150 /Nampa, Idaho 83687/(208)465.6655 ADA COUNTY RECORDER Christopher D. Rich 2016.084922 BOISE IDAHO Pgs=4 LISA BATT 09/0912016 10:45 AM PIONEER TITLE COMPANY OF ADA COUNTY $19.00 111 1_'i' rih0017 Df P_ Do MC; PWt:V£ :i iL- {;t,??ls. fY 4 ?Xvir'ClI MUST PAGtiAC;; ifi M,"NWARRANTY DEED n'R,T 'I?•?.: �ir�l.'=,(t•:.+4+. �' 1t; ; t, � Lft.i.•l�l•f For Value Received New Oaks, LLC, an Idaho limited liability company hereinafter referred to as "Grantor", does hereby grant, bargain, sell, warrant and convey unto New Oaks, LLC, an Idaho limited liability company hereinafter referred to as "Grantee", whose current address is 3103 W Sheryl Dr, Ste 100, Meridian, iD 83642 the following described premises, to -wit: See attached Exhibit A attached hereto and made a part hereof, which consists of three (3) pages (Parcel B) To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever; provided however, Grantor expressly reserves unto Grantor, and Grantor's heirs, successors and assigns, any and all appurtenant water and water rights, minerals and mineral rights. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that Grantor has a good right to convey the fee simple; that said premises are free from all liens claims, encumbrances or other defects of title, except those specifically granted by Grantor, except current years taxes, levies, and assessments, and except reservations, restrictions, dedications, easements, rights of way and agreements (if any) of record and disclosed to Grantor in the title insurance policy which Grantor obtained upon the acquisition of the premises; that Grantor will warrant and defend the quiet and peacefili possession of said premises from all claims whatsoever; and that Grantor, its successors and assigns, will on demand of Grantee, or its heirs or assigns, execute any instrument necessary for the futlher assurance of the title to the premises that may be reasonably required. Dated: September 9, 2016 New Oaks, LLC By: Coleman Homes, LLC, Its Manager By: Coleman C� munities,.Inc., Its Manager By: Thomas M Coleman„ !r, t%&3 l State of IDAHO County of ADA On this clay of September, 2016, before me, the Wdersigned a Notary Public, in and for said State, personally appeared Lomas M t 010man, Jr, President/Frcam,o of Coleman Communities, Inc, Manager of Coleman Homes, LLC known to ate, to be the ✓tanager of the Limited Liability Company that executed the foregoing instrument, and acknowledged to me that such Limited Liability Company executed the some. ;euntrty<� WITNESS MY HAND ANU O rtCiAL SEAL 011 0 N ary Public 13v e siding at: �� •e,o Fv ,• Commission Expires: ° p Residin- at: WIN, 11) Commission tixpires: 3/10/2021 5680 East Franklin Road, Suite 150 / Nampa, Idaho 83687 / (208) 465-6655 REC )POCUI " Dv N0 REQy�C'!1i'`. (:OUi�iry"`! Eiif=�;�§Pd:D FI?Si i A03 AS, ; is raoiF� i;,cc}r l i,r,� c rs WARRANTY DEED For Value Received New Oaks, LLC, an Idaho limited liability company hereinafter referred to as "Grantor", does hereby grant, bargain, sell, warrant and convey unto New Oaks, LLC, an Idaho limited liability company , hereinafter referred to as "Grantee", whose current address is 3103 bV Sheryl Dr, Ste 100, Meridian, ID 83642 the following described premises, to -wit: See attached Exhibit A attached hereto and made a part hereof, which consists of three (3) pages (Parcel B) To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever; provided however, Grantor expressly reserves unto Grantor, and Grantor's heirs, successors and assigns, any and all appurtenant water and water rights, minerals and mineral rights. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that Grantor has a good right to convey the fee simple; that said premises are free from all liens claims, encumbrances or other defects of title, except those specifically granted by Grantor, except current years taxes, levies, and assessments, and except reservations, restrictions, dedications, easements, rights of way and agreements (if any) of record and disclosed to Grantor in the title insurance policy which Grantor obtained upon the acquisition of the premises; that Grantor will wan -ant and defend the quiet and peaceful possession of said premises from all claims whatsoever; and that Grantor, its successors and assigns, will on demand of Grantee, or its heirs or assigns, execute any instrument necessary for the further assurance of the title to the premises that may be reasonably required. Dated: September 9, 2016 New Oaks, LLC By: Coleman Homes, LLC, Its Manager By: Coleman Coummitieq�A_ ,Inc., Its Manager N By: 'Phomas M Coleman„ lr.r. f( '+.3 State of IDAHO ss. County of ADA On this t day of September, 2016, before me, the odersigned a Notary Public, in and for said State, personally appeared onlas 'M (nleman„ h•, PresidentrFrctsurcw of Coleman Communities, Inc., Manager of Coleman Homes, LLC known to me, to be the Manager of the Limited Liability Company that executed file foregoing instrument, and acknowledged to me that such Limited Liability Company executed the same. .ttf 51116 [Midi W -NESS MY HAND A�OFICIAL SEAL .4 N faryPublic I 'Siding at: Commission Expires: Residine al: Melba, 11) " 6jfP/di (911911\\ Commission Expires: 3/10/2021 EXHIBIT "A" p g !-U• b CUNI(AN"ES J,U•8 ENOIPNEERS, INC. New Oaks LLC -Parcel `fB„ Boundary Description Project Number 10-16-092 August 01, 2016 YNC1 CATffWAY LANGOOH ,.�i tAAMMIN6 . I GROUP � INC, A parcel of land situated in the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the northwest corner of said Section 33; Thence along the north boundary of said Section 33, South 89°16'50" East, 1,118.69 feet to a 5/8" Rebar, said point being the POINT OF BEGINNING; Thence continuing along said north boundary the following two courses and distances: South 89°16'50" East, 199.02 feet to a 5/8" Rebar, marking the west 1/16 corner; South 89°16'501" East, 1085.42 feet to a 5/8" Rebar marking the northwest corner of The Oaks South Subdivision No. 1, recorded in Book 108 at Pages 15124 thru 15126, records of Ada County, Idaho; Thence along the west boundary of said Oaks South Subdivision No.1 the following eleven courses and distances: South 00°42'46" West, 73.98 feet to a 5/8" Rebar; South 44°36'46" East, 110.20 feet to a 5/8" Rebar; South 06°28'07" East, 173.04 feet to a 5/8" Rebar; South 0125'44" East, 36.65 feet to a 5/8" Rebar; South 08°03'59" West, 67.71 feet to a 5/8" Rebar; South 20000'17" West, 77.36 feet to a 5/8" Rebar; C" Page 1 of 3 a 250 SOUTH Beechwood Avenue. Suite 201, Boise, ID 83709 v 208-376-7330 208-323-9336 w www. ub Com J•U•S ENGINEERS, INC. South 30°14'11" West, 48.47 feet to a 5/8" Rebar; South 39°37'28" West, 48.45 feet to a 5/8" Rebar; South 49051'43" West, 42.07 feet to a 5/8" Rebar; South 59°13'33" West, 9.54 feet to a 5/8" Rebar; ne. rift RAUWAY 1AN600N NAPPING '.— GROUP I INC. South 3300644" East,105.61 feet to a 5/8" Rebar marking the southwest corner of the Oaks South Subdivision No.1 and the northwest corner of the Oaks South Subdivision No. 2, recorded in Rook 108 at Pages 15127 thru 15129, records of Ada County, Idaho; Thence along west boundary of Oaks Subdivision No. 2 the following two courses and distances: South 32°30'48" East, 220.07 feet to a 5/8" Rebar; South 38°59'45" East, 131.15 feet to a 5/8" Rebar on the east boundary of the Northwest 1/4 of said Section 33; Thence along said east boundary, South 00029'25" West, 331.46 feet to a 5/8" Rebar marking the center -north 1/16 corner; Thence continuing along said east boundary, South 00929'25" West, 414.88 feet to the centerline of Five Mile Creek; Thence along said centerline the following three courses and distances: North 8819'10" West, 28.7.7 feet; North 74°4.7'05" West, 175.88 feet; North 76044'25" West, 1148.44 feet to the west boundary of the East 1/2 of the Northwest 1/4 of said Section 33; C Page 2 of 3 a 250 SOUTH Beechwood Avenue Suite 201 Boise ID 83705 p 208-376-7330 r 708-323-9336 w www.'ub.com ..� z'? g i THC: life. AY w w 1'U 4! (.C)t'•:�FJflhi:s:� �{��t8 LANGDON uppIRO. 'j�,...{.� i OHOUP INC. J-U-8 ENGINEERS, INC. Thence along said west boundary, North 00031'04" East, 120.80 feet to a 5/8" Rebar marking the north- west 1/16 corner; Thence along the south boundary of the Northwest 1/4 of the Northwest 1/4 of said Section 33, North 89°17'25" West, 89.91 feet to a 5/8" Rebar on the north right-of-way line of Five Mile Creek per a deed recorded in Book 126 at Page 66, records of Ada County, Idaho; Thence along said north right-of-way line, North 76°42'20" West, 76.29 feet to a 5/8" Rebar; Thence leaving said north right-of-way line, North 07°4336" East, 474.06 feet to a 5/8" Rebar; Thence North 21004'20" West, 288.30 feet to a 5/8" Rebar; Thence North 0827'38" East, 73.56 feet to a 5/8" Rebar; Thence North 00°43'10" East, 488.98 feet to the POINT OF BEGINNING. The above-described parcel contains 2,152,725 square feet or 49.42 acres, more or less. End of Description. Page 3 of 3 a, 250 SOUTH Beechwood Avenue, Sujte 201, bo(se, in 83769 t, 208476.7380 !• 20M23-9336 w www.iub.corn Ii i ION ADA COUNTY RECORDER Christopher D. Rich 2016-084923 BOISE IDAHO Pgs=2 LISA BATT 091091201610:45 AM tl�"ti % tl PIONEER TITLE COMPANY OF ADA COUNTY S13.00 �o IAI e e r 01 GOING B I y 0 N 0 5680 East Franklin [toad, Suite 150 / Nampa, Idaho 83687/(208)465-6655 t t l:i'ht;rLf:1' siL'f;:f; ,il: t1 • DC -'NOT 'lid.=COUNIi`tfF,?c1E'F;UK1,$T F'AG4::s.S 1'1" i.= i+iC`tl' !'!CCRP01t?:r 7AS WARRANTY D'Za'D PAi"ST 014_1 T? F,- ORIC II`lA1L [`X)WFfl`iN1: For Value Received New Oaks, LLC, an Idaho limited liability company hereinafter referred to as "Grantor", does hereby grant, bargain, sell, warrant and convey onto New Oaks, LLC, an Idaho limited liability company , hereinafter referred to as "Grantee", whose current address is 3103 W Sheryl Dr, Ste 100, Meridian, iD 83642 the following described premises, to -wit: See attached Exhibit A attached hereto and made a pail hereof, which consists of one (1) page (Parcel A) To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever; provided however, Grantor expressly reserves unto Grantor, and Grantor's heirs, successors and assigns, any and all appurtenant water and water rights, minerals and mineral rights. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that Grantor has a good right to convey the fee simple; that said promises are free from all liens claims, encumbrances or other defects of title, except those specifically granted by Grantor, except current years taxes, levies, and assessments, and except reservations, restrictions, dedications, easements, rights of way and agreements (if any) of record and disclosed to Grantor in the title insurance policy which Grantor obtained upon the acquisition of the premises; that Grantor will warrant and defend the quiet and Peaceful possession of said premises from all claims whatsoever; and that Grantor, its successors and assigns, will on demand of Grantee, or its heirs or assigns, execute any instrument necessary for the further assurance of the title to the premises that may be reasonably required. Dated; September 4, 2016 New Oaks, LLC By: Coleman Homes, LLC, Its Manager By: Coleman Communities, Inc,,Its Manager r � 1 By; Thomas hl Culemmt„lrr { j(,CZ State of IDAI-10 County of ADA On this ` day of September, 2016, before j% the ur��e�si¢ned, a rotary Public, in and trot said S(ate, personalty appeared omas r o cman,,lr, President/Tmtsurer of Coleman Communities, Inc., Manager of Coleman ironies, LLC known to me, to be the Manager of the Limited Liability Company that executed the foregoing instrument, and acknowledged to me that such Limited Liability Company executed the same. WITNESS Y HAND AND OFFICIAL. SEAL sS•``��Fii�L;t(}f•,at d No Natar Pu6licCdIle) . G Residing at. o ° e Commission Expires: Resitting t: Melba, ii) ":r^fell) C a Commission Expires: 3/10/2021 „<•o-°'°c� •`' 5680 East Franklin Road, Suite 150 / Nampa, Idaho 83687/(208)465-6655 j'[ I ; rdt'r;- NCO' rc.1;':{ ED AS WARRANTY DEED P,NR f' 0iF THE OHI zliLAI_ For Value Received New Oaks, LLC, an Idaho limited liability company hereinafter referred to as "Grantor', does hereby grant, bargain, sell, warrant and convey unto New Oaks, LLC, an Idaho limited liability company , hereinafter referred to as "Grantee", whose current address is 3103 W Sheryl Dr, Ste 100, Meridian, ID 83642 the following described premises, to -wit: See attached Exhibit A attached hereto and made a part hereof, which consists of one (1) page (Parcel A) To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever; provided however, Grantor expressly reserves unto Grantor, and Grantor's heirs, successors and assigns, any and all appurtenant water and water rights, minerals and mineral rights. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that Grantor has a good right to convey the fee simple; that said premises are free fi•om all liens claims, encumbrances or other defects of title, except those specifically granted by Grantor, except current years taxes, levies, and assessments, and except reservations, restrictions, dedications, easements, rights of way and agreements (if any) of record and disclosed to Grantor in the title insurance policy which Grantor obtained upon the acquisition of the premises; that Grantor will warrant and defend the quiet and peaceful possession of said premises from all claims whatsoever; and that Grantor, its successors and assigns, will on demand of Grantee, or its heirs or assigns, execute any instrument necessary for the further assurance of the title to the premises that may be reasonably required. Dated: September 9, 2016 New Oaks, LLC By: Coleman Homes, LLC, Its Manager By: Coleman Communities, Inc., Its Manager By: Thomas M Coleman,Jr� G ' State of IDAHO County of ADA On this _ day of September, 2016, before the u ('e gt ned, a NNotary Public, in and for said State, personally appeared } P ni7tmnas 1 0 eman„ Ir. P y President/Frees,urer of Coleman Communities, Inc., Manager of Coleman Homes, LLC known to me, to be the Manager of the Limited Liability Company that executed the foregoing instrument, and acknowledged to me that such Limited Liability Company executed the same. WITNESS Y HAND AND OFFICIAL SEAL Vert°sir Lr+r,,rr Nota Public Residing at: cooter o CommissiouExpires: Residing t; McIba, 11) l3LfC e° Commission Expires: 3/10/2021 '.1'°°°"°° rrrrrrrrar eiitiii•� lw*U"B EXHIBIT 11A" J,IJ-B ENGINEERS, INC. rtg"�.�� 1 THC E dATRWAY ii f3 C,) v:E' i ` ,:5 ' $' i LAHdddN y HAPPINO . "'-;..fie+ I fanouP INC, New Oaks LLC -Parcel "A' Boundary Description Project Number 10-16-092 August 01, 2016 A parcel of land situated in the Northwest 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at a Brass Cap marking the northwest corner of said Section 33; Thence along the north boundary of said Section 33, South 89°16'50" East,1,118.69 feet to a 5/8" Rebar; Thence South 00°43'10" West, 488.98 feet to a 5/8" Rebar; Thence South 08027'38" West, 73.56 feet to a 5/8" Rebar; Thence South 21904'20" East, 288.30 feet to a 5/8" Rebar; Thence South 0704336" West, 474,06 feet to a 5/8" Rebar on the north right-of-way line of Five Mile Creek per a deed recorded in Book 126 at Page 66, records of Ada County, Idaho; Thence along said north right-of-way line, North 76°42'20"West, 1,183.15 feet to a 5/8" Rebar on the west boundary of said Section 33; Thence along said west boundary line, North 00032'37" East, 1,042.49 feet to the POINT OF BEGINNING. The above-described parcel contains 1,346,565 square feet or 30,91 acres, more or less. End of Description. Page 1 of 1 a 250 SOUTH Beechwood Avenue Suite 201 Boise ID 83709 p 208-376-7330 J.'208-323-9336 w vvww;jub,com AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss COUNTY OF ADA ) 1, Noelle Gambill, Manager of Coleman Real Estate Management, LLC, Manager of New Oaks LLC, 1116 S, Vista Avenue, #471, Boise, ID 83705, being first duly sworn, upon oath, depose and say; 1. That I am the record owner of the property described on the attached, and I grant my permission to: Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 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, 31 1 hereby grant permission to City of Meridian staff to onter the subject property for the purpose of site inspections related to processing said appliontion(s), Dated this _day of (Signature) SUBSCRIBED AND SWORN to before me the day and year first abovo vritten, (Notary Public for Idaho) Residing at; My Commission Expires; ------__,---_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE $1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of n_ n::kkN A r Vaca fes, On a --O 1P before me, Date personally appeared Insert Name and Nome(s) ofSigner(s) of the LM I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ------------- wti 4'iiB� �9 JENNIFER h.DUNN "w. Notary Public -Califwla < ' Santa Balboa County z COmmissinnrt2198521 My Camm. Expires May 21, 2021 Place Notary Seal and/or Stamp Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document bate: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator n Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator El Other: Signer is Representing: L� J I I �\ v 0 I I FIT I 1 11 1 1 1 SITS — ----------- 1 - 1 / 1 , o , rill I C` � pP I Z W. McMILLAN RD. sail �5 Spy OAKWIND SUBDIVISION VICINITY MAP - 1 "=300' LOCATED IN THE SW 1/4 OF SECTION 28, T.4N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO OAKMORE SUBDIVISION VICINITY MAP - 1 "=500' LOCATED IN THE NE 1/4 OF SECTION 28, T.4N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Oaks North Date:08/07/2018 Applicant(s)/Contact(s): Becky McKay City Staff: Bill Josh Tom Kenny Kevin and Ken - ITD Location: Portions of Parcels Nos. SO428336600 and SO428336400 and Parcel No. SO428143240 Size of Property: +/- 250 acres Comprehensive Plan FLUM Designation: MDR Design Guidelines Development Context: ❑ Urban ❑ Urban/Suburban ® Suburban ❑ Rural Existing Use: Agricultural/Residential Existing Zoning: R-4 R-8 and R-15 Proposed Use: SFR Proposed Zoning: R-8 Surrounding Uses: Residential Street Buffer(s) and/or Land Use Buffer(s): A 35 foot landscape buffer is required adjacent to McDermott and a 25 foot landscape buffer is required along McMillan Open Space/Amenities/Pathways: 10% is required Access/Stub Streets/Street System: There are several approved stub streets from the east that have not yet been constructed Sewer & Water Service:. Waterways/ Floodplain/Topography/Hazards: History: AZ -08-004 Oakcreek Subdivision Additional Meeting Notes: Rezone the property from R-15 to R-8 Provide a new concept plan for the entire proiect and include any enclave pieces (parcel #SO428325600) Verify with Ada County that all of the parcels are legal and provide proof with application Two preliminary plat applications will be required because the parcels to be subdivided do not abut each other Coordinate with the Meridian Fire Department on a possible location of a fire station. Several property boundary adjustments have been approved over the years, additional PBA's will be required to configure the parcels correctly. The phasing plan will need to meet the fire department's requirements 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 Mod ification/Transfer ® Rezone ❑ Alternative Compliance ❑ 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. Name OAKMORE AND OAKWIND SUBDIVISIONS REZONE, PRELIMINARY PLAT AND MODIFICATION TO DEVELOPMENT AGREEMENT NEIGHBORHOOD MEETING 9/19/18 ENGINEERING SOLUTIONS BUILDING 6:00 P.M. SIGN -IN SHEET Address No Attendees E -Mail 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 o 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orgiplanning flEl,TIAN; -- Meridian City Hall, Suite 102 33 E. Broadway Avenue �� Meridian, Idaho 83642 Community Development 208.887.2211 Department Parcel Verification Date: 9-27-18 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Oakwind Subdivision T/R/S: 4N 1W 28 Parcel Numbers: SO428143240 (7.49 Acres) Property Owner: New Oaks LLC 5662 Calle Real #254 Goleta, CA 93117 Address Verification Rev: 04/23/12 C� f1EP\IDIAM, Community Development Department Parcel Verification Date: 9-27-18 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Oakmore Subdivision T/R/S: 4N 1W 28 Parcel Numbers: SO428336600 (59.61 Acres) SO428336400 (6.49 Acres) Property Owner New Oaks LLC 5662 Calle Real #254 Goleta, CA 93117 Address Verification Rev: 04/23/12 ZONE N. MERMOTr ROAD I ONE 2 o um .................... .............................. .......................... ..... ......... ............. BLACK F1 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 90 BOISE IDAHO 04/25114 10:55 AM RECORDED -REQUEST OF II I IIII IIIIII II III III I IIIIII I III II III Meridian City 114030972 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Coleman Homes, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this g� day of 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Colema>3 Plus; whose address is 3103 W. Sheryl Drive, Suite 100, Meridian, Idaho 83642 hereinafter called OWNER/DEVELOPER. Toll Southwest LLC and New Oaks LLC RECITALS: 1.1 WHEREAS, Owner 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" for each owner, 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 § 67-651 1 A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and re -zoning of the Property described in Exhibit "A", requesting a designation of R-4 (Medium -Low Density Residential) (324.55 acres), R-8 R-4 = 217.27, R-8 = 128.46; R-15 = 11.42 (Medium Density Residential) rim acres), R-15 (Medium High Density Residential District) (52.95 acres), and L -E) (LimitedOffiGe) (5.54 acres)zoning districts under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, City and former owner entered into a Development Agreement on a portion of the property described in Exhibit A as Instrument # 109009629 on January 29, 2009 for the Oakcreek Subdivision. That DEVELOPMENT AGREEMENT - OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE I OC 10 Development Agreement is terminated and the subject property is hereby bound by the terms of this Agreement. 1.6 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.7 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.8 WHEREAS, City Council, the 17t4 day of December, 2013, the Meridian City Council 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 1.9 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.10 WHEREAS, Owner/Developer deern it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.11 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of 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 in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT - OAKS NORTII AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 2 OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, terns, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 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. Toll Southwest LLC and New Oaks LLC 3.2 OWNER/DEVELOPER: means and refers Goleman I , whose address is 3103 W. Sheryl Drive, Suite 100, Meridian, Idaho 83642, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 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" describing the parcels to be re -zoned Medium Low Density Residential R-4 = 217.27; R-8 = 128.48; R-15 = 11.42 District (R-4) r'�5 acres); Medium Density Residential District (R-8) rte acres); Medium High Density Residential District (R-15) (52,05 acres); and—L-O (Limited OffiGa4(5 sd acres) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code, 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 The Owner/Developer shall comply with the submitted home elevations attached in Exhibit A.5 of the attached Findings, with materials and architectural features to be the same or higher quality as in the elevations. T.T. 1 � ofthe fflee lots shall complywith the d C� standafds listed TTDG 11 3A 1 9 ,1 the gaidolines containedthe l�iferidi,�. �..��y }�., ,, �e' l� shaII H$t eamunto CLIC DEVELOPMENT AGREEMENT--- OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 3 OF 10 • 11 •.-1r. - • 1 • •.• .. • • pnin. . . •. a . t• ' . ■• • . a. • '6791=4 FMM411. '-..ru . • 5.1.6 For phasing purposes, the Oaks North and Oaks South plats shall be reviewed as one project and both plats will remain valid as successive phases receive City Engineer's signature. As long as the submittal and recordation of a final plan in one plat is completed in the timeline outlined in UDC 11-6B-7, the entire project remains valid and does not expire. 5.1.7 The Owner/Developer shall be responsible for all costs associated with design and construction of the required interim lift station and pressure sewer line. The station's design and capacity shall be coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. At completion of the construction, the station will be donated to the City of Meridian who will own and maintain the lift station. The completion and acceptance of the lift station will be at the sole discretion of the Meridian Public Works Director. Any potential upgrades to the interim lift station from other surrounding parcels will be reviewed by the Meridian Public Works Department. Approved upgrades to the purposed station will be fully funded by the requestor, and will be subject as reimbursement fees to the Owner/Developer. 5.1.8 Water service to this site is being proposed via extension of mains in N. Black Cat Road, McDermott Road, and McMillan Road, The Owner/Developer shall be responsible for the installation of water mains to and through this development through the City of Meridian's water master plan. Due to fire flow requirements the applicant will need to construct a 12 - inch diameter main from the intersection of N. Black Cat Road and McMillan Road heading east to the existing 12 -inch diameter main near the Ten Mile & McMillan intersection. This connection will need to be installed with phase one of the Owner/Developer's plan, and may be eligible for partial DEVELOPMENT AGREEMENT— OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 4 OF 10 reimbursement. If the 12 -inch water main from Ten mile & McMillan is installed by another developer prior to phase one construction, the Owner/Developer will not be responsible to participate in construction of the required main extension. 5.1.9 The proposed outdoor storage is an accessory use in the R-15 district for the benefit of the proposed residential developments and shall not operate as a stand-alone commercial business. Development of this lot shall not commence until the Owner/Developer obtains certificate of zoning compliance and design review approval of the storage facility. 5.1.10 Lot 2, Block 1 of the Oaks North Subdivision aril Let 5s111es1£ -16 ofd Oaks _S eaut—h SubdA4494a shall be preserved for future right-of-way acquisition by ITD for the construction of the McDermott Road overpass. 5.1.11 The Owner/Developer shall comply with all City ordinances in effect at the time of final plan submittal. 5.1.12— T4w Qw11F1-/Develzpe r sha11 nr� a mimed f „tet; ,ug awes e€ t4e, futur multi -family deArclnumeas :P1:QPoqf-fj 1=■++14 tho 0 l s X- era -1 -Ain Qp{-Ssiql1th davnlopluPnts as dgt€wmingd]firthe Planning Divisio Tyfa�nageX 5.1.13 With- the fiff- 77% of deucllopme.nt 4 theryokr 4 Sllhfll 4i4�, 0wllPr/DPv__P opzr s1a1 4,as propwsed. With the second phase of development of the Oaks North Subdivision, the Owner/Developer shall develop the pool complex and the 5.65 51 acre neighborhood park on Lot 6, Block 12, as proposed. - aers��rsrsr�>�:►s�i 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance, 7.2 Notice and Cure Period, In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that DEVELOPMENT AGREEMENT— OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 5 OF 10 in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. 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 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 either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement 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 herein. 7.4 Delay. In the event the performance of any covenant to be perfoilned hereunder by either Owner/Developer or 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. 7.5 Waiver. A waiver by City of any default by Owner/Developer 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 of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by 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. 9. REQUIREMENT FOR RECORDATION: City shall record 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 Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. 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. DEVELOPMENT AGREEMENT- OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 6 OF 10 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also 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 that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-atmexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 14. 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: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: CQ-41por-A-an LLC Toll Southwest LLC and New Oaks LLC 3103 W. Sheryl Drive, Suite 100 Meridian, Idaho 83642 with copy to; City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 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. DEVELOPMENT AGREEMENT - OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 7 OF 10 15. 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. 16. 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. 17. 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 of the Property, 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. 18. 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. 19. 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. 20. 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 or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 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. DEVELOPMENT AGREEMENT- OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 8 OF 10 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Coleman Homes, LEG LE Toll Southwest LLC and New Oaks LLC CITY OF MERIDIAN By: G�?GGC%,�� 6,c— Mayor ty&y de Weerd ATTEST: Cily of F,1�TDTAN* 460� ��onfio SEAL Ja cee ).Holman, City Clerk DEVELOPMENT AGREEMENT— OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 9 OF 10 Legal Description Oaks North - Development Agreement Update A parcel located in Section 28, and the North '/z of Section 33, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the southwest corner of said Section 28, from which a Brass Cap monument marking the southeast corner of the SW '/4 (S %4 corner) of said Section 28 bears S 89°16'58" E a distance of 2635.25 feet; Thence N 01'00'42" E along the west boundary of said SW'/4 of Section 28 a distance of 1315.47 feet to the northwest corner of the SW '/4 of said SW '/4; Thence along the north boundary of said SW '/4 of the SW '/4 S 89'18'59" E a distance of 450.00 feet to a point; Thence N 01 000'42" E a distance of 774.71 feet to a point; Thence N 89°21'17" W a distance of 450.00 feet to a point on the east boundary of the SW 1/4 of said Section 28; Thence along said east boundary N 01 000'42" E a distance of 540.97 feet to the northwest corner of the SW '/4 (W '/4 corner) of said Section 28; Thence along the north boundary of said SW 114 S 89°21'17" E a distance of 1311.11 feet to the northwest corner of the NE '/4 of the SW '/4 of said Section 28; Thence along the west boundary of said NE'/4 of the SW'/4 S 0°52'12" W a distance of 16.99 feet to a point; Thence leaving said boundary S 89°14'34" E a distance of 789.50 feet to a point; Thence N 64°03'58" E a distance of 27.64 feet to a point; Thence S 86°53'44" E a distance of 189.53 feet to a point; Thence N 89°14'55" E a distance of 20.04 feet to a point; Thence S 70027'46" E a distance of 25.64 feet to a point; Thence S 80059'59" E a distance of 36.69 feet to a point; Thence S 88°50'09" E a distance of 85.57 feet to a point; Thence S 86014'54" E a distance of 63.62 feet to a point; Thence N 89°18'41" E a distance of 45.49 feet to a point; Thence S 78007'43" E a distance of 19.68 feet to a point; L n tollutjorj� The Oaks North �O3 Job No. 18-35 (�,-- Land surveying and Consulting Page 1 of 3 Thence N 53°05'48" E a distance of 16.54 feet to a point on the east boundary of the NE % of the SW'/4 of said Section 28; Thence N 0°45'06" E a distance of 24.36 feet to the northeast corner of said SW '/4 (Center corner) of said Section 28; Thence along the west boundary of the NE %4 of said Section 28 N 0°43'58" E a distance of 625.86 feet to a point; Thence S 77°58'14" E a distance of 1338.14 feet to a point on the west boundary of the SE'/ of the NE % of said Section 28; Thence along said west boundary N 0°36'34" E a distance of 297.33 feet to a point; Thence leaving said boundary S 89°22'11" E a distance of 175.08 feet to a point; Thence S 0°29'20" W a distance of 230.00 feet to a point; Thence S 89°22'02" E a distance of 1136.34 feet to a point on the east boundary of said SE % of the NE'/ of said Section 28; Thence along said east boundary S 0n29'20" W a distance of 214.64 feet to a point; Thence leaving said boundary N 89°21'07" W a distance of 1312,36 feet to a point of the east boundary of the SW 4/4 of the NE '/4 of said Section 28; Thence along said east boundary S 0036'34" W a distance of 214.89 feet to the NE corner of the W'/z of the SE 1/4 of said Section 28; Thence along the east boundary of the W 1/2 of the SE 1/4 of said Section 28 S 0037'35" W a distance of 2635.73 feet to the SE corner of said W'/2 of the SE '/4 of said Section 28, said point also being the NE corner of the W'/2 of the NE 1/4 of the said Section 33; Thence along the east boundary of the W '/z of the NE 1/4 of said Section 33 S 0028'24" W a distance of 1689.54 feet to a point; Thence leaving said boundary S 86°27'13" W a distance of 249,29 feet to a point; Thence S 88°55'20" W a distance of 854.30 feet to a point; Thence N 88°19'22" W a distance of 243.62 feet to a point; Thence N 74°47'14" W a distance of 175.88 feet to a point; Thence N 76°44'37" W a distance of 1148.55 feet to a point on the east boundary of the SW 1/4 of the NW % of said Section 33; Thence along said east boundary N 0°30'58" E a distance of 120.84 feet (formerly N 0°31'04" E, 120.80 feet) to the southeast corner of the NW % of the NW % of said Section 33; The Oaks North L�r�t15O1u#iari5 Job No. 18-35 ��- Land Surveying and Consulting Page 2 of 3 Thence along the south boundary of said NW'/q of the NW %a N 89°17'19'' W a distance of 89.90 feet (formerly N 89°17125" W, 89.91 feet) to a point; Thence leaving said boundary N 76°42'2p" W a distance of 76.31 feat (formerly N 76042'20" W, 76.29 feet) to a point; Thence N 7°43'34" E a distance of 473.96 feet (formerly described as N 7043'36" E, 474.06 feet) to a point; Thence N 21'04'23" W (formerly N 21'04'20" W) a distance of 288.30 feet to a point; Thence N 8°27'88" E (formerly N 8027'38" W) a distance of 73.56 feet to a point; Thence N 0°43'07" E (formerly N 0°43'10" W) a distance of 488.98 feet to a point on the south boundary of the SW 1/4 of said Section 28; Thence along said south boundary N 89°16'58" W a distance of 1118.55 feet to the POINT OF BEGINNING. This parcel contains 357.15 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS oNPL LA ND Land Solutions, PC �5� \s T R Gp December 3, 2018 e G VO o < 11118 � ttlo3l�8 � z /iLyT� 0 ToN W NP North Lzn olutions The Oaks Job N -35 �'- Land Surveying and Consulting e 3 8of 3 Page 3 of 3 0 m r- 0 0 nm z m z� � z z N. C ERMOTT RD. N N1'00'42'E 1315.47' 540'97 D o Z N1'00'42'E ^ Am� z eo 774.71'gJ m o z NG m NI.00'42'E m f o m m d !i• O Ny v 1N v f D p O' OViN ar. w NO'43'07' 473.96' L13 488.98' +m 4F N7'43'34'E m 7 m _N Imp u Z —i N N N C C m m J Uv O O m' O TS i� on 0 N0 wA�nm N 625.86' 00 m m^' O NO'43'5rE W �I (NA / t3 �,Av Wm \X ib m A so 8'24W 1669.54' SO'37'35'W 2635.73'LLLA fN � z o m ❑ e �� a P V R1 C m ? ® ® 131 W w D 2 p Z N. 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