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City Clerk ChecklistCITY CLERK FILE CHECKLIST Project Name: Southridge File No. Contact Name: Jim Jewett Phone Date Received from Planning and Zoning De artment 955-6655 Planning and Zoning Level: Hearing Date: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: -= September 17, 2008 "15I ❑ Certifieds to property owners: ❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny Notes: City Council Level: x❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: Hearing Date: October 14, 2008 September 22, 2008 09/29/08 and 10/06/08 Notices mailed on-9-/- 1? /g ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Rss°i°tl°-: ❑ Approved by CouncCouncil:copy Qiginal Res/Copy Cert Minuabook Res,11Engineer iy C E- e¢ ci"CI° Ciy Planner Copies Disbursed: Ciy Anomey sler4ng Cocifies Project File ❑ Findings Recorded Deputy Clerk Copy Res/Original Ada Count' (CPAs) Development Agreement: Applicant(—o PAs) R—hied°rdina— Cngmal Minutabook ❑ Sent for signatures: copies to. Ci"Clerk swrerAud stet°rreas,rer,.wator.n r ❑ Signed by all parties: s City Codfiers ,i"Atiomey Ciy Engineer ❑ Approved by Council: City Planner Pine (file Applicant (i/ apP1.) Recorded: Depu❑ dno I Clerk "°'°b. g,nai Cnpinal. Minutabook ❑ Copies Disbursed: COPi as to. AFPIIcanl P,o;eo,n Ciy Engineer Ciy Planner Ordinance No. Resolution No. Uy Aftmet' cleM ❑ •• Record vacation Findings •• RK°r°'d °"° Approved by Council: OriginatFireproot File ij—iF,r p,. fAF"" COPias to:APPlicant ❑ Recorded: Deadline: 10 days Ciy Engineer ❑ Published in newspaper: C,ty Planner o'"""° °y apu" Clerk ❑ Copies Disbursed: Notes: Mayor Tammy de Weerd E IZDnANII_-�-_City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: October 7, 2008 Transmittal Date: September 22, 2008 File No.: MDA 08-004 Hearing Date: October 14, 2008 Request: Public Hearing - Modify the Development Agreement for Southridge Subdivision my: i-inuer -iUy LLc; / .1im Jewett Location of Property or Project: Road and S. Linder Road Joe Marshall (No FP) south of Overland Road, between S. Ten Mile David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org E IDIAN-- Planning Department COMMISSION & COUNCIL REVIEWrA� N Type of Review Requested (check all that ap Alternative Compliance ❑Annexation and Zoning Comprehensive Plan Map Amendment OComprehensive Plan Text Amendment Conditional Use Permit OConditional Use Permit Modification ODesign Review OFinal Plat Final Plat Modification OPlanned Unit Development OPreliminary Plat OPrivate Street ORezone OTime Extension (Commission or Council) MUDC Text Amendment OVacation (Council) E]Variance Ox Other Development Agreement Modification Applicant Information Applicant name: Linder 109 LLC/Jim Jewett rGr) 13 0 f'`, Pl _n,!ro �{5 trtti'sf STAFF USE ONLY: File number(s): t1DA'09-ooLi Project name: _ Sou+hri dal e Date filed: 9-3-0$ Date complete: 9 - 9-08 Assigned Planner: ScnyO- LA)4.+4erS Related files: AZ—Ob "03I i PP~Cfc,- 03J Hearing date: 110'14-08❑Comrnission.SrCouncil Applicant address: 1560 Carol Street, Meridian Idaho Phone: Zip: 83642 e: Applicant's interest in property: 1D Own O Rent O Optioned O Other Owner name: Same as Applicant Owner address: Same as Applicant Phone: Zip: Agent name (e.g., architect, engineer, developer, representative): Jim Jewitt Firm name: Jim Jewett Linder 109 LLC 1560 Carol Street, Meridian Idaho Phone: _ Address: Zip: 8364 Primary contact is: O Applicant O Owner l Agent 0 Other Contact name: Jim Jewett Phone: 955-6655 E-mail: jimj@mail.jljenterpirsesinc.com -- Fax: 955-6656 Subject Property Information Location/Street address: On Overland Road, in between Linder and 10 Mile. Assessor's parcel number(s): See Attached Township, range, section: Sec. 23, T3N, R1 W 277.18 acres Total acreage: Current land use: residence/vacant/pature Current zoning district: see attached 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: N/A Residential Sec. Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: _ Project Description Project/subdivision name: Southridge Subdivision General description of proposed project/request: Development Agreement Modification Proposed zoning district(s): N/A already zoned Acres of each zone proposed: N/A Type of use proposed (check all that apply): O Residential OCommercial ClOffice 0 Industrial El Other Modification to Dev. Agreement Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: 2 or more Bedrooms: Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): _ Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwellings) proposed: O Single-family LJTownhomes O Duplexes O Multi -family Non-residential Project Summary (if applicable) Number of building lots:N/A Non-residential Sec. Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: n/a Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: N-- umber of compact spaces provided: Authorization Print applicant name: Applicant signature: Date: 6 E. Wa rt�rL�et�O2• Meridian, Idaho 83642(208) 4-5533 854 • Website: www.meridiancity.org 2 (Rev. 414108) THE LAND GROUP, INC. Mayor and City Council Meridian City Hall 33 E. Idaho Avenue Meridian, ID 83642 September 2, 2008 RE: SouthRidge Subdivision —Development Agreement Modification for AZ-06-031 (Ordinance # 07-1319/Instrument #107074205) Dear Mayor and Council, Since receiving the initial approval, the developer and engineer and have been actively engaged in the reviewing and generating the plans necessary to keep this development moving forward. During this process, the focus has stayed constant, yet the plans have changed a bit to adjust to market conditions and interests, more defined design elements for some parcels and less detail for others. Consequently, due to some of these changes, the developer has discussed with staff the concept of re -addressing the original MEGA LOT concept (and the re -platting thereof] with what we believe is a simpler and more straight forward approach. In order to accomplish this goal, the developers interest (and that of additional owners) requires that we clarify and/or modify a number of the elements in the original Development Agreement (DA) so as to properly address all changes (including recent changes in City Ordinance). A evidence that project is moving forward, we are pleased to note that the first plat is also being submitted at the same time as this Development Agreement Modification application. The above noted original DA was signed on May 22, 2007 (following the February 6`h 2007 Council Approval of the FF&CL). Ordinance # 07-1319 was then recorded on May 24`h, 2007 as Instrument #107074205. As mentioned above, we are requesting modification of the development agreement to simplify the processes required in the original DA. Some of the reasons for this request include the following: • Elimination of the Mega Lot concept which required the platting of all parcels. Note that through the Property Boundary Adjustment process, and as discussed with staff, we can eliminate the need to plat every parcel. Of the 10 original parcels most were buildable. In light of this fact, it seems reasonable to allow at least some of the parcels to move forward without requiring any unnecessary platting. On the parcel boundary adjustment, we have realigned the parcels to preserve four (4) of the buildable lots. • The conditional use and other necessary planning and development applications, can capably address the development of the unplatted (yet 4 T'1.%n. rr � • T .nor � <mr ,; r n •_ t. 1 • ( -, 4G_ j .. _ . F f,��i?i' i71.iY • i� J j i. 971r3 1sT ,��L;7{t/' t." �_`i r -_ r'?7�- ftI717i1 tl nicrfPr i }.,; �i;q 1 . Shore Z)nt� Ott 1tJ I.a ,e, Idaho 83616 * 1"0 8-939 0.1.1 1 2 Q,9 444n'ww.thc=laz d�:foil izrc �;c�ax� September 2, 2008 Page 2 of 2 buildable) parcels and still provide that this Modified Development Agreement serve as the guiding document. • This will help stream line the process and eliminate unnecessary platting of otherwise buildable parcels ... by condensing unnecessary steps in the overall development process and helping create more immediately marketable parcels. In order to address this shift from the Mega Lot concept to the Property Boundary Adjustment or platting process, a variety of changes and clarifications are essential. These changes can be easily seen via the attached Clean and Redline versions of the document. Note that due to the market changes and interest in these parcels and engineering related issues, the Master Plan has also been modified slightly and is included for your review. Some of the platting phases have been made smaller (i.e. the first plat of the development is smaller than originally intended, but when viewed with the potential of an adjacent and buildable parcel to the west (retirement center), it is clear that progress is being made —but initially in an east/west direction rather than a north/south direction as previously anticipated. The concepts of originally present in the Master Plan remain in general compliance with the plan. We ask the City Council review the attached modifications, consider the benefits and need, and approve this requested Development Agreement Modification application. Sincerely, The and C i i Van Elg Sr. Planner PN 06361 U { _�tt � c7h{ , 1 r r ifC�'ti >'� • (_ r�, F > Si.JtC�n1 • s)f �9:1_rfr �fiOaftm-y Z�"-'.Yt�+itl:iP7yJS 4G2 L. 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DOm wag> K (tit l"'r i DsmON NA C�DAtioZ Oo 9$ <� AC - ym Nm v� ymAW m vm ca O� pm K mAm cpip0 m Om >> Z g"A-C) CD D- N A N =1 I CD s o-�.. a a y ACf Q I li y o ate. o $sz> QQ oy� > � ?o m CD l y u c D CL yysPRp� sorKS� (D As�A� orKsi 0 y ; a g€yam o �m �1 CD (Q-D $ CO) m DEVELOPMENT AGREEMENT (Modification) PARTIES: 1. City of Meridian 2. Linder 109, LLC, Owner 3. JLJ Enterprises, Inc., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', whose address is 33 East Idaho Street, Meridian, Idaho 83642 and Linder 109, LLC, whose address 1560 Carol Street, Meridian, Idaho 83642 hereinafter called "OWNER" and JLJ Enterprises, Inc., whose address is 1560 Carol Street, Meridian, Idaho 83642 hereinafter called "DEVELOPER". 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, I.C. § 67-6511A, Idaho Code, 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 Meridian City Code Section 11, Unified Development Code, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of R-2 (Low Density Residential District), R-4 (Low Density Residential District), R-8 (Medium Density Residential District), TN-C (Traditional Neighborhood Center District), L-O (Limited Office District) and TN-R (Traditional Neighborhood Residential District), (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 1 OF 17 1.5 WHEREAS, Owner and/or 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 1.6 WHEREAS, 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 1.7 WHEREAS, City Council, the 61h day of February, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER AND/OR 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 at its urging and requests; and 1.10 WHEREAS, City requires the Owner and/or 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 development 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 re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, the Zoning and Development Ordinances codified in Meridian City Code Title 11, and the DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 2 OF 17 recently approved Ten Mile Interchange Specific Area Plan (adopted June, 2007). 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. 3. 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 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 Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Linder 109, LLC, whose address is 1560 W. Carol Street, Meridian, ID 83642, the Meridian Library District, and Joint School District No. 2., the party developing said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to JLJ Enterprises, Inc., whose address is 1560 W. Carol Street, Meridian, ID 83642 the party developing said Property and shall include any subsequent developer(s) of the Property. 3.4 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 annexed and zoned R-2 (Low Density Residential District), R-4 (Low Density Residential District), R-8 (Medium Density Residential District), TN-C (Traditional Neighborhood Center District), L-O (Limited Office District) and TN-R (Traditional Neighborhood Residential District), attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 3 OF 17 I .e 4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Unified Development Code Section 11-2A-2, 11-213-2 and 11-2D-2, as follows: Construction and development of 189 residential lots in the proposed R-2, R-4 and R-8 zones; Eleven (11) commercial lots/other lots Ten (10) parcels (to be developed and/or platted in the future per the Property Boundary Adjustment Application submitted in September 2008 and approved on . Note thatfour (4) of the lots indentified in the Property Boundary Adjustment as Parcels 2, S, 8, and 9 may not require platting in order to develop (as a result of realignment of four legally buildable parcels); however, they will be required to submit and obtain approval of all necessary development applications Sixteen (16) common/open space lots on approximately 290.87 acres in the proposed TN-R, TN-C and L-O zones pertinent to this AZ 06-031 application. 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 and/or Developer shall develop the Property in accordance with the following special conditions: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the TN-C and TN-R zoned lots with frontage on Overland Road and Linder Road, be subject to DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDNISION PAGE 4 OF 17 Design Review approval; that all TN-C zoned lots contain structures that are at least two -stories tall except for the public library; and that all commercial buildings in the TN-C zone be located between the a public street and the parking lot (as shown on the revised master concept plan Attached as Exhibit __). 3. That all TN-R zoned lots and uses will comply with the TN-R standards adopted in the UDC (see also Ordinance# 06-1241); that the TN-C zoned area along Overland Road will include: at least 20 multi -family dwelling units with the structures being located primarily between Overland Road and any surface parking area for the units; at least 20 attached single-family dwellings and/or townhouse units; that a useable common open space area (park) of at least 10,000 square feet, excluding parking areas and/or drainage areas, and including some recreational equipment (e.g. — gazebo with benches, BBQ areas, tot -lot, swimming pool, clubhouse, etc.) be provided on site; and an internal pedestrian connection to the TN-C zoned property to the west shall be provided. The intent is that some of the TN-C zoned (see recently submitted Parcel Boundary Adjustment Parcel #2) area along Overland Road will now develop as a retirement community/church that will remain in substantial compliance with the recently submitted Conditional Use application. 4. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development (building permit submittal). All of the future lots shall comply with the standard lot size, setbacks, and street frontage requirements of the R-2, R-4, R-8, L-O, TN-C and TN-R zones established in the UDC. 5. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development (building permit submittal). 6. That the applicant will be responsible for all costs associated with the sewer and water service extension. 7. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non -domestic Purposes such as landscape irrigation. 8. That prior to issuance of any building permit, the subject DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 5OF17 property be subdivided in accordance with the City of Meridian Unified Development Code. 9. That only one public street access (Overland Road), and one direct lot access or driveways, to Ten Mile Road will be allowed on this site (right-in/right-out) for Parcel 9 (see PBA and Revised Master Site Plan); that a maximum of five public street accesses, and up to two driveways, to Overland Road will be allowed on this site (not including the fire station, and subject to ACHD approval); and that a maximum of two public street accesses, and no direct lot access or driveways, to Linder Road will be allowed on this site (subject to ACHD approval). 10. That public street frontage as shown on the revised master concept plan, or a cross access/ingress-egress will be provided to Parcel #S 1223110500, which is located on Linder Road. 11. With respect to existing private road easements, the applicant agrees to release any interest the subject properties may have in Windy Ridge Lane and/or Old Thorn Lane as the areas are developed and/or platted. During the platting of Parcel 10 (see recently submitted PBA), the applicant agrees to construct at least one stub street to the out parcel (Parcel 10 will be a subject of a future preliminary plat application). That the applicant agrees that they will not be allowed to record lots that are currently encumbered by private lane easements, until said easements are vacated. 12. The private (possibly public) park lot, and private clubhouse and pool shall be included with the platting of Phase 1 (also identified as Parcel 1 in the recently submitted PBA) but are not required to be constructed or platted with the first plat (see also the attached/revised master site plan). Note that all parcels shown on the recently submitted PBA and revised master concept plan, west of the first phase (parcel 1), shall be annexed and rezoned, but no home or road construction shall occur in this area until such time as the Ten Mile Area Specific Plan is adopted by the City. After such time, the parcels may be developed if appropriate development applications are approved for the following (see attached Property Boundary Adjustment): a. Parcels 2, 5, 8 and 9 do not require platting but will require appropriate application approval b. Parcels 1, 3, 4, 6, 7, and 10 will require appropriate detailed preliminary platting/platting phases and final DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 6 OF 17 plats c. All parcels must remain consistent with the adopted Ten Mile Area Specific Plan, are submitted and approved by the City. No variances to lot dimensions, setbacks or block lengths shall be requested by the applicant as part of the re -development or platting of the parcels. 13. That any future buildable lot shall not be encumbered by the existing Northwest Pipeline easement that bisects this property. 14. That the applicant has requested an alternative schedule for the construction of the required landscaping adjacent to Overland Road, Linder Road and Ten Mile Road; that unless otherwise noted below, said buffers will be constructed in accordance with the Perimeter Landscape Requirement Plan prepared by The Land Group, Inc., dated 4-15-06, sheet PLR1.0; and that all landscape street buffers will be constructed in accordance with the UDC provisions in effect at the time of development. Any required landscape buffers for parcels 2, 5, 8, and 9 (where platting is not required) shall be approved and constructed in accordance with the approved development application (future) of each parcel. 15. That all internal landscaping shall be installed as each parcel develops or final plats, prior to occupancy of any structures within each phase. 16. That the applicant agrees to plat the existing public library and elementary school parcels with the first plat of development. That the applicant will tile the drainage facility on the northern property boundary, between the elementary school site and the public library lot. 17. During the applicable platting phase and development of PBA Parcel #1, a 10-foot wide multi -use pathway shall be constructed on this site generally consistent with the applicant's interconnectivity plan from Linder Road to the park (temporarily terminating at the largest park) with the remainder out to Ten Mile Road to be constructed with future phases as they are brought in for development or platting. The city will require additional multi -use pathways that are consistent with the City's Pathways Plan, generally along the Ridenbaugh Canal and/or within the northwest pipeline easement, as the parcels develop. 18. A bridge crossing shall be constructed between the future multi- family units and the commercial uses on Overland Road, if this DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 7 OF 17 `./ section is left open and enhanced with grass seeding, and not covered. 19. That the applicant agrees to provide at least the following amenities on this site: a community clubhouse, pool area, and tot lot; and any other amenities required by the Commission and/or Council at the public hearings. 20. That the applicant construct the Black Cat Trunk through this development the intersection of S. Linder Road and American Frontier Drive with the first phase of this project. The invert elevation at this point shall be in compliance with the City of Meridian's Master Sewer Plan. 21. That the applicant agrees to construct a development and public street system on this site that is in general compliance with the submitted revised Overall Master Plan (conceptual Project Master Development Plan), prepared by The Land Group, Inc., labeled sheet 1, dated 8-19-2008, with the provisions mentioned above (detailed approval of the internal street systems will be reviewed and approved with the development or platting of each parcel). Provide a stub street, to at least one of the 5-acre lots in Val Vista Subdivision, when the applicable/adjacent portion of PBA Parcel #7 is platted. Said stub street shall be located near the west property line. Similarly, provide a public stub street to either, Parcel #S1223233905 or S#1223234100 to the west, when PBA Parcel #7 appropriately plats and develops. NOTE: In accordance with ACHD policy, the applicant should include language at temporary termini of these stub streets that state that the roadways will be extended in the future (portions of the fences will have to be removed to accomplish this). 22. The applicant has agreed to limit the height of homes on the southern border shared with Val Vista Subdivision and Aspen Cove Subdivision to a single story with a maximum height of 22 feet (measured from either the mid point of the front of the lot at the top back of curb, or the mid point of the rear of the lot (whichever is more restrictive), to the average height of the highest roof surface. The applicant has also agreed to provide a greater than 50-foot rear setback for the lots along the southern boundary. The applicant has also agreed, and shall be required to construct a solid 6-foot tall masonry fence adjacent to the lots in Val Vista Subdivision and Aspen Cove Subdivision, prior to issuance of building permits within first phase of the development (when platting adjacent to the western boundary of DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 8OF17 PBA Parcel #3). 23. The applicant shall be required to construct a minimum of 1,000 residential units on the property and a maximum of 1,252 residential dwelling units on the property, unless otherwise specifically approved by the City Council through subsequent applications. 24. The applicant shall comply with all adopted state and federal air and dust particulate emission standards. The applicant shall make all reasonable attempts to abate (mitigate) dust settling on adjacent properties generated by the development of the property. The applicant shall keep a water truck on site at all times, unless otherwise allowed by authorized city staff, and the applicant shall use said truck to abate the emission of dust. 25. With the development of the village center at Overland Road and Linder Road, the applicant shall incorporate and build at least one transit stop, including benches and covers. The applicant shall incorporate and construct a park and ride area near the proposed fire station and Ten Mile Road. 26. Prior to the signature of the first final plat, the applicant shall submit and obtain Design Review Commission approval (if established); or submit and obtain City Council approval (or a development agreement modification) of plans that propose specific and detailed architectural guidelines for this development and that address (at a minimum) variety in structures within a block, building mass, building materials, rooflines, colors, and architectural styles. 27. The applicant shall work with ACHD to align Overland Road to accommodate development of the Prather property to the west (across Ten Mile Road). 28. Ten (10) parcels (to be developed and/or platted in the future per the Property Boundary Adjustment Application submitted in September 2008 and approved on . Note that four (4) of the lots indentified in the Property Boundary Adjustment as Parcels 2, 5, 8, and 9 may not require platting in order to develop (as a result of realignment of four legally buildable parcels); however, they will be required to submit and obtain approval of all necessary development applications 29. Developer shall be permitted to submit for development approval (with appropriate application) or to plat required phases of this subdivision that may not be contiguous with any previously submitted or approved development phase(s) or plats DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 9 OF 17 ..r within the development. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner and/or Developer or Owners and/or Developers heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner and/or Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner and/or 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 Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner and/or Developer, Owner and/or 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 modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 10 OF 17 9.2 A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner and/or Developer's cost, and submit proof of such recording to Owner and/or 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. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner and/or 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. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner and/or Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, 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. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 11 OF 17 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. 13. 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, to insure that installation of the improvements, which the Owner and/or Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner and/or Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner and/or Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation 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. 16. 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: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: JLJ Enterprises, Inc. 1560 West Carol Street Meridian, ID 83642 with copy to: OWNER: Linder 109, LLC 1560 West Carol Street Meridian, ID 83642 DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 12 OF 17 City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 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. 17. 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. 18. 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. 19. 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 and/or 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed its obligations under this Agreement. 20. 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. DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 13 OF 17 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or 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 and/or 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. 21.1 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. 22. 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 LINDER 109, LLC Tim Eck, Managing Member DEVELOPER JLJ ENTERPRISES, INC. DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUMVISION PAGE 14 OF 17 M ATTEST: CITY CLERK James L. Jewett, President CITY OF MERIDIAN LIN MAYOR TAMMY de WEERD DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 15 OF 17 STATE OF IDAHO ) ss County of Ada ) On this day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Tim Eck, known or identified to me to be the Managing Member of Linder 109, LLC, who executed the instrument and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared James L. Jewett, known or identified to me to be the President of JLJ Enterprises, Inc., who executed the instrument and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 16 OF 17 STATE OF IDAHO ) ss County of Ada On this day of , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee Holman, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of 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 (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 17 OF 17 DEVELOPMENT AGREEMENT�Modi6cation) PARTIES: 1. City of Meridian 2. Linder 109, LLC, Owner 3. JLJ Enterprises, Inc., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 20072008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', whose address is 33 East Idaho Street, Meridian, Idaho 83642 and Linder 109, LLC, whose address 1560 Carol Street, Meridian, Idaho 83642 hereinafter called "OWNER" and JLJ Enterprises, Inc., whose address is 1560 Carol Street, Meridian, Idaho 83642 hereinafter called "DEVELOPER". 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, I.C. § 67-6511A, Idaho Code, 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 Meridian City Code Section 11, Unified Development Code, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of R-2 (Low Density Residential District), R4 (Low Density Residential District), R-8 (Medium Density Residential District), TN-C (Traditional Neighborhood Center District), L-O (Limited Office District) and TN-R (Traditional Neighborhood Residential District), (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE I OF i t Style Definition: Normal Style Definition: Heading 1 { Style Definition: Heading 2 p Style Definition: Heading 3 f. i Style Definition: Heading 4 i Style Definition: Level 1 7 ` Style Definition: Body Text Indent Style Definition: Body Text Indent 2 Style Definition: Body Text Indent 3 Style Definition: Header Style Definition: Footer Style Definition: Body Text Style Definition: 1,2,3 Style Definition: a,b,c Style Definition: Body Text 2 Style Definition: Level 2 Style Definition: Balloon Text_ Deleted: 11 1.5 WHEREAS, Owner and/or 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 1.6 WHEREAS, 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 1.7 WHEREAS, City Council, the 6h day of February, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER AND/OR 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 at its urging and requests; and 1.10 WHEREAS, City requires the Owner and/or 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 development 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 re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, DEVELOPMENT AGREEMENT (AZ 06-031) SOUTBRIDGE SUBDIVISION PAGE 2 OF 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11, and the recently approved Ten Mile Interchange Specific Area Plan (adopted June 2007). 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. 3 • 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 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 Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Linder 109, LLC, whose address is 1560 W. Carol Street, Meridian, ID 83642,_ the Meridian Library District and Joint School District No. 2. the party developing said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to JLJ Enterprises, Inc., whose address is 1560 W. Carol Street, Meridian, ID 83642 the party developing said Property and shall include any subsequent developer(s) of the Property. 3.4 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 annexed and zoned R-2 (Low Density Residential District), R-4 (Low Density Residential District), R-8 (Medium Density Residential District), TN-C (Traditional Neighborhood Center District), L-O (Limited Office District) and TN-R (Traditional Neighborhood Residential DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION Dented: PAGE 3 OF jA \./ District), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Unified Development Code Section 11-2A-2, 11-213-2 and 11-2D-2, as follows: • Construction and development of 189 residential lots in the proposed R-2, R-4 and R-8 zones; and • Eleven 11 j commercial lots/other lots, and 8 mega lots • Ten (10) Parcels (to be developed and/or platted in the future) Per the Property Boundary Adjustment Application submitted in --`in and approved on . Note that four (4) of the lots indendfied in the Properti, Boundary Adjustment as Parcels 2, S, 8, and 9 may not require platting in order to develop (as a result of realignment of four legally buildable parcels) • however then will be required to submit and obtain approval ofall necessary development applications • Sixteen (161 commonlopen space lots on gpproximatelt 290.87 acres in the proposed TN-R, TN-C and L-O zones pertinent to this AZ 06-031 application. 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 and/or Developer shall develop the Property in accordance with the following special conditions: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 4 OF jA Formatted: List Paragraph, Indent: Left: 1.76", Bulleted + Level: 1 + Aligned at: 2.26" + Tab after: 0" + Indent at: 2.51", Tabs: 2", Left + Not at 2.5" Deleted: 11 welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the TN-C and TN-R zoned lots with frontage on Overland Road and Linder Road, be subject to Design Review approval; that all TN-C zoned lots contain structures that are at least two -stories tall except for the public library; and that all commercial buildings in the TN-C zone be located between the a public street and the parking lot (as shown on the originalrevised master concept plan dated 4-15- 06Attached as Exhibit ). 3. That all TN-R zoned lots and uses will comply with the recently adopted TN-R standards adopted in the UDC (see also Ordinance# 06-1241); that the TN-C zoned area along Overland Road will include: at least 20 multi -family dwelling units with the dwelling unitsstructures being located primarily between Overland Road and any surface parking area for the units; at least 20 attached single-family dwellings and/or townhouse units; that a useable common open space area (park) of at least 10,000 square feet, excluding parking areas and/or drainage areas, and including some recreational equipment (e.g. — gazebo with benches, BBQ areas, tot -lot, swimming pool, clubhouse, etc.) be provided on site; and an internal pedestrian connection to the TN-C zoned property to the west shall be provided. The intent is that some of the TN-C zoned (see recently submitted Parcel Boundary Adjustment Parcel #2) area along Overland Road will now develop as a retirement community/church that will remain in substantial compliance with the recently submitted Conditional Use application 4. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development (building permit submittal). All of the future lots shall comply with the standard lot size, setbacks, and street frontage requirements of the R-2, R4, R-8, L-O, TN-C and TN-R zones established in the UDC. 5. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development (building permit submittal). 6. That the applicant will be responsible for all costs associated with the sewer and water service extension. Deed: jl DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION —} ----- J PAGE 5 OF j 7. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non -domestic purposes such as landscape irrigation. 8. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 9. That only one public street access (Overland Road), and noone direct lot access or driveways, to Ten Mile Road will be allowed on this site (right-in/right-oIt) F_ '>lrcel 9 (see PBA and Revised Master Site Plan); that a maximum of five public street accesses, and up to two driveways, to Overland Road will be allowed on this site (not including the fire station, and subject to ACHD approval); and that a maximum of two public street accesses, and no direct lot access or driveways, to Linder Road will be allowed on this site (subject to ACHD approval). 10. That public street frontage as shown on the revised master concept plan, or a cross access/ingress-egress will be provided to Parcel #S 1223110500, which is located on Linder Road. 11. That With respect to existing private road easements the applicant agrees to release any interest the subject properties may have in Windy Ridge Lane and/or Old Thom Lane. That as the areas are developed and/or platted During the platting of Parcel 10 (see recently submitted PBA) the applicant agrees to construct at least one stub street to the outparcel surrounded b mega lot 1, with the first plat within said mega lot out parcel (Parcel 10 will be a subject of a future preliminary plat a hcation . That the applicant agrees that they will not be allowed to record lots that are currently encumbered by private lane easements, until said easements are vacated. 12. The private (possibly ublic) park lot, and private clubhouse and pool shall be included withinwith the platting of Phase I (also identified as Parcel 1 in the recently submitted PBA) but are not required to be constructed or platted with the first final plat phase of this development as shown on the (see also the attached/revised master site plan. Note that all "mega" lotsparcels shown on the recently submitted PBA and revised master concept plan, west of the first phase —(parcel 1), shall be annexed and recorded as mega lots with the first final DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHMGE SUBDIVISION Deleted- 11 PAGE6OFI4- platrezoned, but no home or road construction shall occur in this area until such time as the Ten Mile Area Specific Plan is adopted by the City. After such time the mega lots may be developed if new (detailed) preliminary and then final plats of the mega lots that are After such time the parcels may be developed if appropriate development applications are approved for the following (see attached Property Boundary Adjustment) a. Parcels 2 5, 8 and 9 do not require platting but will require appropriate application approval b. Parcels 1 3 4 6, 7, and 10 will require appropriate detailed preliminary platting/p atting phases and final plats c. All parcels must remain consistent with the adopted Ten - Formatted: Tabs: Not at 1.69" Mile Area Specific Plan, are submitted and approved by the City. No variances to lot dimensions, setbacks or block lengths shall be requested by the applicant as part of the re -development or platting of the mega lots. parcels. 13. That any future buildable lot shall not be encumbered by the existing Northwest Pipeline easement that bisects this property. 14. That the applicant has requested an alternative schedule for the construction of the required landscaping adjacent to Overland Road, Linder Road and Ten Mile Road; that unless otherwise noted below, said buffers will be constructed in accordance with the Perimeter Landscape Requirement Plan prepared by The Land Group, Inc., dated 4-15-06, sheet PLR1.0; and that all landscape street buffers will be constructed in accordance with the UDC provisions in effect at the time of development. Any required landscape buffers for parcels 2 5 8 and 9 (where platting is not required) shall be approved and constructed in accordance with the approved development a plication (future of each parcel. 15. That all internal landscaping shall be installed as each phase arcel d? --, elo s or final plats, prior to occupancy of any structures within each phase. 16. That the applicant agrees to plat athe existing public library lot and an elementary school lotparcels with the first phase 1p_at of development. That the applicant will tile the drainage facility on the northern property boundary, between the elementary �- DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 7 OF j school site and the public library lot. 17. That with the construction of the first phase (prior to any occupancy being_granted)Durin the he applicable - ­�_ and development of PBA Parcel #1, a 10-foot wide multi -use pathway shall be constructed on this site generally consistent with the applicant's interconnectivity plan from Linder Road to the RdvLate park (temporarily terminating at the privatelargest park) with the remainder out to Ten Mile Road to be constructed with future phases as they are brought in for redevelopment or platting. The city will require additional multi -use pathways that are consistent with the City's Pathways Plan, generally along the Ridenbaugh Canal and/or within the northwest pipeline easement, as the mega lotsparcels develop. 18. A bridge crossing shall be constructed between the future multi- family units and the commercial uses on Overland Road, if this section is left open and enhanced with grass seeding, and not covered. 19. That the applicant agrees to provide at least the following amenities on this site: a community clubhouse, pool area, and tot lot; and any other amenities required by the Commission and/or Council at the public hearings. 20. That the applicant construct the Black Cat Trunk through this development the intersection of S. Linder Road and American Frontier Drive with the first phase of this project. The invert elevation at this point shall be in compliance with the City of Meridian's Master Sewer Plan. 21. That the applicant agrees to construct a development and public street system on this site that is in general compliance with the submitted revised Overall Master Concept Plan(conceptual Proiect Master Development Plan), prepared by The Land Group, Inc., labeled sheet M1.01, dated 4-15-068-19-2008, with the provisions mentioned above (detailed approval of the internal street systems will be reviewed and approved with the re-subdivisiondevelopment or lattini? of each mega lot).parcel). Provide a stub street. to at least one of the 5-acre lots in Val Vista Subdivision, when mega lot 2 develops the applicable/adiacent portion of PBA Parcel #7 is platted. Said stub street shall be located near the west property line. A1soSimilarly, provide a public stub street to either, Parcel #S1223233905 or S#1223234100 to the west, when mega lot DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 8 OF 14 I 2PBA Parcel #7 appropriatelyplats and develops. NOTE: In accordance with ACHD policy, the applicant should include language at temporary termini of these stub streets that state that the roadways will be extended in the future (portions of the fences will have to be removed to accomplish this). 22. The applicant has agreed to limit the height of homes on the southern border shared with Val Vista Subdivision and Aspen Cove Subdivision to a single story with a maximum height of 22 feet (measured from either the mid point of the front of the lot at the top back of curb, or the mid point of the rear of the lot (whichever is more restrictive), to the average height of the highest roof surface. The applicant has also agreed to provide a greater than 50-foot rear setback for the lots along the southern boundary. The applicant has also agreed, and shall be required to construct a solid 6-foot tall masonry fence adjacent to the lots in Val Vista Subdivision and Aspen Cove Subdivision, prior to issuance of building permits within the first phase of the development._ when western boundasdo y ofPBA Parcel #3) 23. The applicant shall be required to construct a minimum of 1,000 residential units on the property and a maximum of 1,252 residential dwelling units on the property, unless otherwise specifically approved by the City Council through subsequent applications. 24. The applicant shall comply with all adopted state and federal air and dust particulate emission standards. The applicant shall make all reasonable attempts to abate (mitigate) dust settling on adjacent properties generated by the development of the property. The applicant shall keep a water truck on site at all times, unless otherwise allowed by authorized city staff, and the applicant shall use said truck to abate the emission of dust. 25. With the development of the village center at Overland Road and Linder Road, the applicant shall incorporate and build at least one transit stop, including benches and covers. The applicant shall incorporate and construct a park and ride area near the proposed fire station and Ten Mile Road. 26. Prior to the signature of the first final plat, the applicant shall submit and obtain Design Review Commission approval (if establishes'; submit and obtain City Council approval for, or a development agreement modificationj of plans that proposes DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION Deletede 11 _� PAGE 9 OF specific and detailed architectural guidelines for this development and that address (at a minimum) variety in structures within a block, building mass, building materials, rooflines, colors, and architectural styles. 27. The applicant shall work with ACHD to align Overland Road to accommodate development of the Prather property to the west (across Ten Mile Road). 28. Ten (10) parcels (to be developed and/or platted in the future per. the Property Boundary Adjustment Application submitted in September 2008 and approved on Note that four (4) of the lots indentified in the Property Boundary Adjustment as Parcels 2 5 8 and 9 may not require platting in order to develop (as a result of realignment of four legally_ buildable parcels); however, they will be required to submit and obtain approval of all necessM development applications 29. Developer shall be permitted to submit for development approval (with appropriate application) or to plat required phases of this subdivision that may not be contiguous_ with any previously submitted or approved development phase(s) or plats within the development - ` Formatted: Indent: Left: 0, 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner and/or Developer or Owners and/or Developers heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner and/or Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to -wit: DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 10 OF u � 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. S• INSPECTION: Owner and/or 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 Development Agreement and all other ordinances of the City that apply to said Development. DEFAULT: 9.1 In the event Owner and/or Developer, Owner and/or 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 modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner and/or Developer's cost, and submit proof of such recording to Owner and/or 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. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 11 OF \./ 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner and/or 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. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner and/or Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, 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. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes which 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. 13. 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, to insure that installation of the improvements, which the Owner and/or Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner and/or Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner and/or Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION Deleted: ii -� PAGE 12 OF 14 f� 15. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation 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. 16. 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: OWNER: -I Formatted: Font: Bold, Underline C/o City Engineer Linder 109 LLC Formatted: Font: sold, Underline City of Meridian 1560 West Carol Street 33 E. Idaho Ave. _ _ Meridian, ID 83642 Y Meridian, ID 83642 — — ' - Formatted: Indent line: p„ 0"Left: , First � l DEVELOPER: Formatted: Font: Bold, Underline J JLJ Enterprises, Inc. {Formatted: Font: Bold, Underline _ _- 1560 West Carol Street__,____,__ -- -[Formatted: Font: Bold, Underline Meridian, ID 83642 Formatted: Font: Bold, Underline with copy to: City Clerk City of Meridian 33 E.Idaho Avenue Meridian, ID 83642 16.1 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. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 13 OF 1--.� `.% 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. 18. 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. 19. 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 and/or 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or 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 and/or 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. DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 14 OF 14 On u 21.1 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. 22. 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 LINDER 109, LLC Tim Eck, Managing Member DEVELOPER JLJ ENTERPRISES, INC. Steve Snead. ViceJames L. Jewett, President DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION Deleted: i I PAGE 15 OF .,r Formatted: Font: Bold Formatted: Indent: First line: 2.5", CITY OF MERIDIAN Keep with next, Keep lines together �.--- -- m ATTEST: CITY CLERK MAYOR TAMMY de WEERD DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION PAGE 16 OF u u STATE OF IDAHO ss County of Ada ) On this day of , 20072008, before me, the undersigned, a Notary Public in and for said State, personally appeared Tim Eck, known or identified to me to be the Managing Member of Linder 109, LLC, who executed the instrument and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ss County of Ada ) On this day of , 20072008, before me, the undersigned, a Notary Public in and for said State, personally appeared Steve SneadJames L. Jewett, known or identified to me to be the Vice President of JLJ Enterprises, Inc., who executed the instrument and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: DEVELOPMENT AGREEMENT (AZ 06-031) SOUTBRIDGE SUBDIVISION PAGE 17 OF - Deleted:ll My Commission Expires: STATE OF IDAHO ) : ss County of Ada ) On this day of , 20072008, before me, a Notary Public, personally appeared Tammy de Weerd and William G. BergJavicee Holman, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of 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 (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT (AZ 06-031) SOUTHRIDGE SUBDIVISION DeWeted: 11 PAGE 18 OF 14 �- %two N N N Iw jw jw N !d t� NN N N �N w W + N IN N N QG N W � W W fp CY (N J tJ J O 4- O O a - c n ° °" O � N r O ti. N IN N ^• i0 cr CL '-C O z p' cn 77 Z 77 z �7 i7 Q �7 X7 77 IC ,Z7 t/ c c o a z � n � ^ n N � N %N A 00 00 00 OC 00 00 N N N (!C W ol +OCO uF br9 b9 6H W W E/9 b9 W N N r 6. bA C W W C O C C C O `T7 A� Cfq O m 0 CD 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. Ap icant/a ent signatur 3 Date NJ Ift'le %we File No.: MDA-08-004 Project Name: Southridge Request: Request to modify the Development Agreement for Southridge Subdivision. Location: Located south of Overland Road, between S. Ten Mile Road and S. Linder Road, in Section 23, T.3N., R.1W. i SEA 2J08 j ,. �AN J `ti#i t r U1 �l�i"i \'I CITE' C .F PK OFFICL RADIUS NOTICE REPORT FILE NAME: southr 17-Sep-2008 Owners Owner Address BAILEY RYAN S 2720 W VAL VISTA CT BAILEY YVETTE M MERIDIAN, ID 83642-0000 Property Address: Southr BLOMBERG PAUL R PO BOX 1118 MERIDIAN, ID 83680-0000 Property Address: Southr CARLSON ROBERT K 949 N UNIVERSITY AVE # 12 CARLSON SUSAN B PROVO, UT 85604-0000 Property Address: Southr ECK FAMILY LIMITED PARTNERSHIP 6152 W HALF MOON LN MERIDIAN MILE LLC EAGLE, ID 83616-0000 Property Address: Southr ELTON CURTIS A 2906 W VAL VISTA CT ELTON NAOMI M MERIDIAN, ID 83642-6568 Property Address: Southr EQUALS SEAN 2305 S ASPEN COVE DR EQUALS NICOLE MERIDIAN, ID 83642-0000 Property Address: Southr GARDNER PHILIP J LIFE ESTATE GARDNER CORNELIA E LIFE ESTATE 1920 S ASPEN COVE DR MERIDIAN, ID 83642-0000 Property Address: Southr HODGES BRYAN F HODGES NECOLE JAVERNICK 1307 CANDLERIDGE DR BOISE, ID 83712-0000 Property Address: Southr HODGES BRYAN F HODGES NECOLE JAVERNICK 1307 CANDLERIDGE DR BOISE, ID 83712-0000 Property Address: Southr 1 Owners Owner Address JEWETT JAMES L 1560 E CAROL ST JEWETT CARI A MERIDIAN, ID 83646-0000 Property Address: Southr KLEFFNER MICHAEL 2304 S ASPEN COVE CIR KLEFFNER MARY MERIDIAN, ID 83642-0000 Property Address: Southr LEE SOO W 5402 OVERLAND RD BOISE, ID 83705-0000 Property Address: Southr LEKKERKERKER FAMILY TRUST 6153 GARFIELD ST LEKKERKERKER WALTER TRUSTEE CHINO, CA 91710-2727 Property Address: Southr LINDER 109 LLC 1560 CAROL ST MERIDIAN, ID 83646-0000 Property Address: Southr LINDER 109 LLC 1560 CAROL ST MERIDIAN, ID 83646-0000 Property Address: Southr LINDER 109 LLC 1560 CAROL ST MERIDIAN, ID 83646-0000 Property Address: Southr LINDER 109 LLC 1560 CAROL ST MERIDIAN, ID 83646-0000 Property Address: Southr LINDER 109 LLC 1560 CAROL ST MERIDIAN, ID 83646-0000 Property Address: Southr LINDER 109 LLC 1560 CAROL ST MERIDIAN, ID 83646-0000 Property Address: Southr 2 Owners Owner Address LINDER 109 LLC 1560 CAROL ST MERIDIAN, ID 83646-0000 Property Address: Southr MARTARANO ANTHONY F 2030 W ASPEN COVE DR MARTARANO LISA M MERIDIAN, ID 83642-0000 Property Address: Southr MURGOITIO JAMES P 1785 S ASPEN COVE DR MURGOITIO LEA F MERIDIAN, ID 83642-0000 Property Address: Southr NICHOLS SCOTT H 2730 W VAL VISTA CT NICHOLS JENNIFER L MERIDIAN, ID 83642-0000 Property Address: Southr POWELL ELMO SHIELDS FAMILY TRUST 1690 W OVERLAND RD POWELL JESSIE THOMPSON FAMILY TRUST MERIDIAN, ID 83642-0000 Property Address: Southr PRZYBOS STEVEN L TRUST PO BOX 190779 PRZYBOS STEVEN L TRUSTEE BOISE, ID 83719-0779 Property Address: Southr SCHUMAKER M R & S LA LVNG TRST 1620 S TEN MILE RD SCHUMAKER M R& S L A TRUSTEES MERIDIAN, ID 83642-6504 Property Address: Southr SCHUMAKER M R & S LA LVNG TRST 1620 S TEN MILE RD SCHUMAKER M R& S L A TRUSTEES MERIDIAN, ID 83642-6504 Property Address: Southr SHEARER LOUIE D 1807 S LINDER RD SHEARER MELINDA R MERIDIAN, ID 83642-0000 Property Address: Southr VAN AUKER RONALD W VAN AUKER JANE E 3084 E LANARK MERIDIAN, ID 83642-0000 Property Address: Southr 3 Owners Owner Address VAN AUKER RONALD W VAN AUKER JANE E Property Address: VAN HEES LARRY D VAN HEES CAROLYN J Property Address: WALKER DUANE L WALKER JULIE J Property Address: WALKER TERRY G Property Address: WEISS W O & P M REV FAM TRUST WEISS W O & P M TRUSTEES Property Address: 3084 E LANARK MERIDIAN, ID 83642-0000 Southr 2540 S DEL REY LN MERIDIAN, ID 83642-6579 Southr 2330 S TEN MILE RD MERIDIAN, ID 83642-6506 Southr 2290 S TEN MILE RD MERIDIAN, ID 83642-0000 Southr 2101 ASPEN COVE DR MERIDIAN, ID 83642-6517 Southr 4