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LAND DEVELOPMENT
PAVING THE WAY FOR AMERICA'S LUXURY HOMEBUILDER
August 12, 2021
City of Meridian
Community Development
33 E. Broadway Ave.
Meridian, ID 83642
RE: Development Agreement Modification for The Oaks North and Oakmore Subdivisions
Dear Planning Staff,
Toll Southwest LLC hereby applies for a Development Agreement Modification for The Oaks North
Subdivision and Oakmore Subdivision. This application has been submitted to meet all Unified
Development Code requirements.
Development Agreement Modification
1. Oakmore Subdivision (H-2018-0118) approved on August 13, 2019.
2. Oaks North Subdivision approved on April 22, 2014 (RZ 13-015 AZ 13-008), Recorded
Development Agreement(114030972).
Reasoning for the Development Agreement Modification is due to the following requested changes:
1. Oakmore Subdivision's original DA after the approved rezone was never signed and
recorded.
2. Oakmore Subdivision DA was under a previous owner.
3. Correcting the legal description.
4. Removing development conditions that have been fulfilled or no longer apply.
This application is simply to request to combine the two old Development Agreements and clean up
the items listed above to make the new DA current and relevant to the current developments.
Owner Information
The attached updated owner information is as follows:
Toll Southwest LLC
3103 W Sheryl Drive
Meridian, ID 83642
If you have any questions or need further information,please don't hesitate to reach out to me at 208-
250-6161 or my email at sdurtschi&tollbrothers.com.
3103 W Sheryl Drive, Suite 100,Meridian ID 83642
Phone: (208) 424-0020 Fax: (208) 424-0030
Toll Brothers
LAND DEVELOPMENT
PAVING THE WAY FOR AMERICA'S LUXURY HOMEBUILDER
Sincerely,
Sabrina Durtschi
Land Entitlement Manager
3103 W Sheryl Drive, Suite 100, Meridian ID 83642
Phone: (208) 424-0020 Fax: (208) 424-0030
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2 Coleman Herne^,Toll Southwest LLC,Ov,,%e Developer
THIS DEVELOPMENT AGREEMENT(this"Agreement"),is made and entered into this 22
day of April,, 24142021, by and between City of Meridian, a municipal
corporation of the State of Idaho, thereinafter called CITY, and Coleman Hemes,Toll Southwest
LLC. a Delaware limited liability company.whose address is 3103 W. Sheryl Drive, Suite 100, Meridian,
Idaho 83642 hereinafter called O " /DEVELOPER.
1. RECITALS:
. Owner- owner-,
in the County of Ada, State of 1daho,described in Exhibit"A"
for each owner-,which is attached hereto
by this r-efe Fated her-ein as if set fbAh in ftill,herein after r-efet+ed to as the Pr-opefty; an
1-1 WHEREAS,Idaho Code § 67-6511 A provides that cities may,by ordinance,
require or permit as a condition of re-zoning that the n..,ner,4)eyel pe+a p� make a written
commitment concerning the use or development of the subject • ro er ; and
2 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements
upon the annexation and/or re-zoning of land as well as the modification thereof, and
L3 WHEREAS, Owaer4Developer has submitted an application for- nne* io
" o modify that certain
Development Agreement dated April 22, 2014, recorded as Instrument No. 114030972 (the "Original
Development Agreement"): and
4 WHEREAS.the Original Development Agreement governed the development of
approximately 434.45 acres of land with 221.55 acres designated as R-4 (Medium-Low Density
Residential){221.33, 155.31 acres}designated as R-8(Medium Density Residential){155.3-1,52.05 acres
designated as R-15 (Medium High Density Residential District) !`�, and 5.54 acres designated as
L-0 (Limited Office) (5.54 ae-es) zoning ,listr4et within the City of Meridian. Ada County, as legally
described therein(the"Original Property"): and
1-5 WHEREAS. the Original Development Agreement was executed and recorded
against the Original Property in connection with Case No(s). A7--13-008. RZ-13-008. PP-13-014. and
MDA-13-015, which the Meridian City Council approved on December 17, 2013 through the issuance of
Findings of Fact and Conclusions of Law and Decision and Order("Original Findings"): and
DEVELOPMENT AGREEMENT-1
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1.6 WHEREAS. Developer is the successor to Coleman Homes. LLC. the
"Owner/Developer"under the Original Development Agreement.
1-7 WHEREAS, following the execution of the Original Development Agreement.
the City has removed approximately 24.54 acres of property from the Original Property as part of the
Oakwind Estates project,which property is legally described in that certain Development Agreement dated
March 23.2021,recorded as Instrument No. 2021-046527 (the"Oakwind Estates Property"); and
l.$ WHEREAS,pursuant to Case No.H-2018-0118.City has rezoned approximately
7.39 acres of land within the Original Property from the R-15 zoning district to the R-4 zoning district under
the UDC—apl, which generally describes how the Property will be developed and what
improvements will be made,which application was approved on August 13, 2019; and
1-9 4-.-5-WHEREAS,City and f fmoY^ entered into aDeveloper desire to amend,
restate,and modify the Original Development Agreement^r ^4 ^„ of the property a^s ;r^a in Ex'' ''i+
Agreement is terminated and the subject property is hereby bound by the termswith this Agreement.-Land
1.10 WHEREAS.this Agreement governs the development of that certain tract of land
in the County of Ada. State of Idaho.legally described in Exhibit"A",which is attached hereto and by this
reference incorporated herein as if set forth in full,hereinafter referred to as the"Property"; and
1.11 WHEREAS.the Property is a 226.48-acre portion of the Original Property:
1.12 WHEREAS. this Agreement only governs the Property, and all other portions of
the Original Property,less the Oakwind Estates Property,shall remain subject to the Original Development
Agreement; and
1.13 WHEREAS.the Property shall no longer be subject to or governed by the Original
Development Agreement, which is terminated as to the Property, or any other development agreement
(sl
previously recorded against the Property, including, but not limited to. Ada County Instrument Number
109009629. and
1.14 I.-6-WHEREAS, 9wner4Developer 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
1.15 I.-7-WHEREAS, the record of the proceedings for the requested ann&Eatien an
zoning designation of the subject Pr^^et development agreement modification held before the ling
Meridian City Council, ifle! ie includes responses of
government subdivisions providing services within the City of Meridian planning jurisdiction, and
r-eeeive includes further testimony and comment; and
1.16 4$WHEREAS, City Getineilion the insert day of Dece ibf insert ,
2&t32021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and
Decision and Order ("Findings") approving the modification of the Original Development Agreement
through the adoption if this Agreement, which Findings have been incorporated into this Agreement and
attached as Exhibit L"' "'; and
DEVELOPMENT AGREEMENT-2
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112 4-.9-WHEREAS, the Findings require the Owae Developer to enter into athis
Agreement in order to amend, restate, and modify the Original Development Agreement'-pe--o Oho r;« ,
Getmeil takes final .,etion on annexation and zoning deli nat r; and
1.40 WHEREAS,
Ownen'Devele-per- deem it to be in their- best inter-est to be able to
urging and fe o n
1.18 141—WHEREAS, City further requires the Ow*er4Developer 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 designationdesignations are in accordance with the amended Comprehensive Plan of the City
of Meridian on AprtlDecember 19, 204-4-2019, Resolution No. 11 79419-2179, and the Zoning anR
Development/l.-,1;.,,,nces codified i 1\Ro,-;,1ia Unified Deyel,,pme t r,.,IoUDC, Title 11; and
1.19 WHEREAS. 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
request.
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 CerperatieaggM ration 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 AvenueAvenue,
Meridian, Idaho 83642.
3.2 9VVNF4;UDEVELOPER: means and refers Coleman 14em ,to Toll Southwest
LLC;whose address is 3103 W. Sheryl Drive,Suite 100,Meridian,Idaho 83642,the party that is developing
said Property and shall include any subsequent owners or 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"dese-ibing the par-eels to be re zoned>`,ro,li
Low Density Residential District(R 4) (221.55 acres);Medium Density Residential District(R 8) (155.31
aer-es); Medium High Density Residential Distfiet (R 15) (52.05 aer-es); and L 0 (Limited Offiee) (5.54
a""ea-adattached 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 atin the Meridian Unified Development Code.
DEVELOPMENT AGREEMENT-3
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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 Owne Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 Future development of the Property shall be generally consistent with the
conceptual site plan attached in Exhibit [insert] to the Findings, which conceptual site plan is attached
hereto as Exhibit"C"and by this reference incorporated herein as if set forth in full,hereinafter referred to
as the"Concept Plan".
5.1.2 5.1.1 The OwnerEDeveloper shall comply with the submitted home
elevations attached in Exhibit A.5 of the attaehe Original Findings,with materials and architectural features
to be the same or higher quality as in the elevations. 1
5.1�atxre d&velepmeatr-o the9ffiee l its shall eemply with the design
standards listed in UDC 11 3A 19 and the guidelines eentained in the Mer-idian Design Manual.
Development of these lots shall not commenee until the Owner4Developer- obtains certificate of zoning
5.1.3 The owiief�D€veleper-shall de dictate the well lat and 1�statiO r lE)t
(Lot 29, Bloek 10) of 0&s Sotith S4diN4sion to the City as proposed. The appliea-at shall eoor-diflate
the City on the ae"isition of the f4r-e staien lot (Lot 1, Bleek 16 of Oaks South Subdivision). if thee
aequisition is mutually agreed upon by the Ownef/Developer- and the City, the ffitufe fire station lot is
entitled to im-pact fee or-edits as allowed by law.
5.1.4 Development of the multi family T s eonditional use p€�ii4ic
appr-oval. The density range in these areas shall be 9 to 15 dwelling units to the aer-e.
51.5 1f ffR ,,lttt lly agreed upon by toe Ow er/Peveloper and 3ALAR , t>10
Ownef�Developer- shall dedieate Lot 4, Bleek 16 of Oaks South Subdivision to Westem Ada Reer-eatio-n-
District (WARD) for a neighborhood park as proposed. if an agreement eannot be reached between
pat4ies, the Ownef�Peveleper-shall eoer-dinate with the Par-ks Pepaf�ment on the dediea+ioa of the lot as -a
City neighbor-hood park.
5�6 ,.I,.,sing purposes, the Oaks North and Oaks South plats shall 1.0
reviewed as one pr-ojeet a-ad both pla+s will r-emain valid as stieeessive phases weeive City Efigineerls
signatufe. As long as the submittal and r-eeer-datien of a final plan in one plat is eempleted in the time
outlined in UDG 11 6B 7,the entire project remains ^li and does Not expire.
5.1.3 5�7 The Owner4Developer 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 pufpesedproposed station
will be fully funded by the requestor, and will be subject as reimbursement fees to the Owner4Developer.
DEVELOPMENT AGREEMENT-4
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5.1.4 54..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 reimbursement. If the 12-inch
water main from Ten m4eMile & 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 etAdeer storage is an aeeessery use in the p l rietthe benefit of the proposed residential developments and shall not operate as a stand alone commercial
besiness. Development of this lot shall not eornmenee tiatil the Owner4Developer obtains e rt-r-fi-reate. Rai
C 10 Lot 7 Block 1 f the Oaks RTor f, Subdivision and Lot c Block 16 f tl,o
of the M..Tlo,rnett Road overpass.
5 1.5 5.4.11The Owne Developer shall comply with all City ordinances in
effect at the time of final plan submittal.
S 1 1 2 The Owner/Developer sh provide method for notifying home J.1.11r shall
owners
of the fittere rnehi family developments proposed with the Oaks North and Oaks Sooth developments as
determined by the Planning Division Manager.
5.1.6 c.1.113 t,Wit the first phase of'development f the Oaks South Subd yi i
J1
l
proposed. With the second
phase of development of the Oaks North Subdivision,the Owner/Developer shall develop the pool complex
and the 5.71 acre neighborhood park on Lot 6,Block 12, as proposed.
5.1.14 A eress aeoess easement shall be Feearded for the affiee lots within th
Oaks South Subdivision in aceordwith T DG 11 3 n 3
6. COMPLIANCE PERIOD.-_This Agreement must be fully executed and recorded within
two(2)years after the date of the Findings for the anne* +io 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 Owter4Developer"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 in the case of any
DEVELOPMENT AGREEMENT-5
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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 Ow*er4Developer that is not cured after
notice as described in Section 7.2,Ov x%e Developer shall be deemed to have consented to modification of
this Agreement and de-annexation and reversal of the Pronertv's 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 performed hereunder
by either Owne 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
Ow*er4Developer, 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.The parties further
agree to record all releases required to remove the Original Development Agreement from title to the
Pro e
10. ZONING:City shall,if necessarv.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-alse require surety bonds, irrevocable
letters of credit, cash deposits,certified check or negotiable bonds,as allowed under Meridian City Code §
11-5-C, to insufeensure that installation of the improvements, which the Ow*er4Developer 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.
DEVELOPMENT AGREEMENT-6
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13. ABIDE BY ALL CITY ORDINANCES: That Developer agr-eeagrejes 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
r nehis ons of Taw,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, idahe 83642
0)lI7A E /Tlr.VE OPE
Coleman Homes,
3103 W.Sheryl Drive, Suite inn
Meridian, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Toll Southwest,LLC
3103 W. Sheryl Drive, Suite 100
Meridian, Idaho 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.
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
DEVELOPMENT AGREEMENT-7
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City='s corporate authorities and their successors in office. This Agreement shall be binding on the
Owner4Developer 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 Owne Developer, to execute appropriate and recordable evidence of termination
of this Agreement if City, in its sole and reasonable discretion, had determ„ determines that
Owner4Developer 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 OwfferTDeveloper 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 Owne 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.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date
the Wr-idian City Couneil shall adopt the amendment to the Meridian Zoning Or-dinanee in eenneetien wi
the annexation and zoning of the Property and exeeution of the Mayor and City Cie
(il the parties have
mutually executed this Agreement: and(ii)this Agreement is recorded in the real property records of Ada
County. Idaho.
fend of text: signatures, acknowledgements. and Exhibits A.B and C followl
DEVELOPMENT AGREEMENT-8
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agree aentA gginent and made it
effective as hereinabove provided.
9JUDEVELOPER:
Coleman Homes,LLC
Toll Southwest LLC.a Delaware limited liability company
By:
Its:
CITY OF MERIDIAN ATTEST:
By:
Mayor T,,,..my de Weer-a
ATTEST:
ayeee L. Robert E. Simison Chris Johnson, City Clerk
STATE OF 1D A 40 1
ss:
County of )
On this 4- day of April,,28f42021,before me,the undersigned, a Notary
Public in and for said State, personally appeared Thomas Coleman-,,known
or identified to me to be the Pr-esi eat'O aer of Coleman Homes, of Toll
Southwest LLC,a Delaware limited liability comnanv,and the person who signed above and acknowledged
to me that he executed the same on behalf of said Ger-pemtieklimited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
(SEAL)
Notary Public for Ike
Residing at:
My Commission Expires:
DEVELOPMENT AGREEMENT-9
15788365 2.docx
STATE OF IDAHO )
: ss:
County of Ada )
On this 22M day of Apf4,,20� 42021,before me,the„ der-si ae ,a Notary
Public „a fi r -a:a Sta4e, personally appeared Tammy de Weer-d a-ad Jayee e T . ue'mffiaRohert E.
Simison and Chris Johnson,knowknown 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 enof 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:
My- Commission€xpiresex ires:
DEVELOPMENT AGREEMENT-10
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Exhibit"A"
Legal Description of the Property
A parcel located in the S 'r2 and the S la of the NE 'la of Section 28, Township 4 North, Range t
West, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
BEGINNING at a Brass Cap monument marking the southeast corner of the SW'ld(S %corner)
■
of said Section 28, from which a Brass Cap monument marking the southwest corner of said
Section bears N 89'16'58" W a distance of 2635.25 feet;
Thence N 89'16'58" W along the south boundary of said SW-/d a distance of 1778.73 feet to a
point;
Thence leaving said boundary N 0043'02" E a distance of 37.00 feet to a point;
Thence N 45643 02" E a distance of 52.33 feet to a point;
Thence N 0°43'02" E a distance of 333.23 feet to a paint;
Thence N 44°47'25"W a distance of 28.54 feet to a point;
Thence N 88°59'18" W a distance of 3.02 feet to a point;
Thence N 1°00'42 E a distance of 50.00 feet to a point,
Thence N 4°19'19" W a distance of 136.47 feet to a point;
Thence N 1000'42 E a distance of 142.12 feet to a point;
Thence N 85°08'45" E a distance of 11.10 feet to a point;
Thence N 1 W22'36"W a distance of 85.82 feet to a point;
Thence N 15°28'05"VV a distance of 262.84 feet to a point;
Thence N 1°00'42" E a distance of 171.03 feet to a point;
Thence N 88°59'18"W a distance of 324.54 feet to a point,
Thence N 1000'42" E a distance of 774.71 feet to a point;
Thence N 89721'17"W a distance of 450.00 feet to a point on the west boundary of said Section
• 28;
Thence along said boundary N 1000'42" E a distance of 540.97 feet to the northwest corner of the
SW Y4(W'/{corner) of said Section 23;
Thence along the north boundary of said 5VV'14 S 89°21'17'' E a distance of 1311,11 feet to the
northwest corner of the NE of the SIN Yd(CW 1116 corner) of said Section 28;
DEVELOPMENT AGREEMENT-11
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Thence along the west boundary of said NE 'ld of the SVV I/4 S 0052'12"V1f a distance of 16.99 feet
to a point, ;
Thence leaving said boundary S 89014'34" 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 89614'55'' E a distance of 2D.04 feet to a point:
Thence S 70°27'46" E a distance of 25.64 feet to a point; ;
Thence S 80°59'59n E a distance of 36.69 feet to a point; ;
Thence S 88°50709' E a distance of 85.57 feet to a point; ;
Thence S 88°14'54' E a distance of 63.62 feet to a point;
Thence N BW1 BAT: E a distance of 45.49 feet to a point:
:
Thence S 78007'43" E a distance of 19.68 feet to a point;
Thence IN 53°05'48' E a distance of 16.54 feet to a point an the east boundary of said NE % of
: the SW 114:
Thence along said boundary N W45'06" E a distance of 24.36 feet to the northeast corner of the ;
SW'/., (Center%corner) of said Section 28;
Thence N 0°43'58"E along the west boundary of the NE'/,of said Sectien 28 a distance of 625.36
feet to a paint; ;
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 X of said Section 28:
Thence along said boundary N 4°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-D°29'20" W a distance of 230.00 feet to a paint;
Thence S 89°22'02" E a distance of 1136.34 feet to a point on the east boundary of the NE % of
said Section 28; ;
Thence 5 D°29'20" W along said boundary a distance of 214.84 feet to a point: •
Thence leaving said boundary N 89°21'07" W a distance of 1312.36 feet to a point on the east
boundary of the SW 114 of the NE %4 of said Section 28;
DEVELOPMENT AGREEMENT-12
15788365 2 d cx
: Thence along said boundary S 0036`34" W a distance of 214.89 feet to the northeast corner of ;
the NW 1A of the SE"/a(CE 1116 comer) of said Section 28; ;
Thence along the east boundary of said NW 1/4 of the SE 'Y4, and of the SW X of said SE X S
0'37'35" W a distance of 2635.73 feet to the southeast corner of said SW Yd of the SE %(E 1f16
corner).of said Section 28.
Thence along the south boundary of said SW Y of the SE'/<N 89016'45"VV a distance of 1317.68
■ feet to the POINT OF BEGINNING. •
This parcel contains 226.48 acres and is subject to any easements existing ar in use.
■ Clinton W. Hansen, PLS qyN�- LA Np :
Land Solutions, PC ` S r'F s,�
July 27, 2621
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DEVELOPMENT AGREEMENT-13
15788365 2.docx
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DEVELOPMENT AGREEMENT-14
15788365 2.docx
Exhibit`B"
Fin in
[inset upon approvall
DEVELOPMENT AGREEMENT-15
15788365 2.docx
Exhibit"C"
Conce tl Plan
THE OAKS NORTH SUBDIVISION
CONCEPT PLAN
August 12,2021-Meridian, Idaho
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DEVELOPMENT AGREEMENT-16
15788365 2.docx
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Document 1 iManage://dms.givenspursley.com/GPDMS/15788365/1
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Description #15788365v1<GPDMS> - DEVELOPMENT AGREEMENT
Document 2 iManage://DMS.GIVENSPURSLEY.COM/GPDMS/15788365/3
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Description #15788365v3<GPDMS> - Development Agreement
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