HomeMy WebLinkAboutACHD Termination and Release of Impact Fee Defferal Agreement -BVASn Mile Medical Office Building, LLC. Cancellation of Project ---- Follow Sig Needed. - Sent to Austin Miller 9/22 ADA COUNTY RECORDER Phil MCGrane 2022_043529
BOISE IDAHO Pgs=40 VICTORIA BAILEY 05/041F022 10:34 AM
ADA COUNTY HIGHWAY DISTRICT NO FEE
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ARer Recording-Re:um]"it: �
steveg B.Price
General Counsel
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11 ERIMINA T ION AND RELEASE OF IMPACT FEE DEFERRAL AGRiI<:.FtKENT
THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND
DEFERRAL AGREEMENT("Termination")n") made this 21st day of SCPW11 +er 2€1 2 t
by and between the Ada County Highway District, a body politic and corporate of the state of
Idaho 4"AC."HD"); the. City of Meridian, an Idaho municipal corporation, ("the City"), I3VAS-B
Ten NfielMedical.Office Building, EI.C:,an Idaho limited liability company C'Developer°"}.
RE-QTAT,5
A. The Developer, ACTH D and the City have entered into the Impact Fee Assessment
and Deferral Agrument dated the 17th day of Larch, 2020, and recorded April 15, 2020, as
Trrstrument No, 2020-043939,regards of Ada County, Idaho(tire"Agreement"). Capitalized but
undefined words shall have the same meaning,as set forth in the Agreement.
13. The Project,more particularly described in the Agreement has been terminated and
the improvements contemplated in the Agreement have not been constructed on the Property
C. The parities desire to release and terrrrinate the Impact.Fee Assessment and Referral
Agreement as it relates to the Property.
D. Any future development of the Property will require payment of the rNuired impact
fees due associated with such project at the time of its construction.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants
and agreement set forth herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged,Developer,AC HD and the City agree as follows:
1. TERMINATION AND RELEASE
1. The Impact Fee Assessment and Deferral Agreement dated the 171day of March,
2020, by the parties and recorded April 15, 2020, as Instrument No. 2020-043939,records of
Ada County,Idaho,encumbering flay;real property described ibed herein in Exhibit A is hereby released
and terminated.
2. This Termination may be executed in one or more counterparts and shall be
recorded to evidence the termination of the hnpact Fee Assessment and Referral Agreement,
TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL L AGREEMENT—I
4851-275a•8440,v.4
ACHD
ADA COUNTY HIGHWAY DISTRICT
By
Commission President
STATE OF IDAHO ]
)ss.
County of Ada )
On this 3 day ofl Gov 20_gj before me, a Notary Public, personally
appeared , known or proved to me to be the Commission President
of the Ada County Highway District, a body corporate and politic of the state of Idaho, the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that she
executed the same on behalf of said entity.
IN WITNESS WHEREOF, I have hereunto set y d and affixed my official seal the
day and year in this certificate first above written.
.rry►►►►►►►►►►► (/VC.0 r
SP
�,•''' `t . .'P,.•y Notary Public p
. rG�■�pTARr■.���,: Residing at �s 1
C05 • ;7° Comm. Expires_ uSust 13►2025
! Carom.62051to
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TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT-2
4853-2751-8440,v.4
DEVELOPER
BVASS Ten Mile Medical Office Building,LLC,
an Idaho limited liability company
By: BV Management Services,Inc., an Idaho
Corporation,the Executive Manager
By:
Liddiand,P ent
Date: A ,rl ' 21 2,o Z--z-
BVASB Ten Mile Medical Office Building,LLC,
an Idaho limited liability company
By: Brighton Corporation,an Idaho
Corporation,the ecutive Manager
BY
Robert L. lli ,President
Bete:
-41
STATE OF IDAHO y
}ss.
County ofM
On this any}day of -�!sZr1 � 2032,before me, a Notary Public, personally appeared
Cortney Liddiard, known or proved to me to be the President of BV Management Services, Inc.,
an Idaho corporation, who subscribed said limited Iiability company name to the foregoing
instrurnent,and acknowledged to me that he executed the within instnunent on behalf of BVASB
Ten Mile �AeNcc., !iSi J w .LLE.
l V"t
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
BRAZ'LOAF Notary Public
COMMISSION NO.37M g F�
NOTARY PUBLIC Residing at_ l� S� --
STATE OF i DAHO Comm.Expires �{-1 a
[MY COMMISSION ]{Pti S 04112126
TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT--3
4853-2751-8440,v.4
STATE OF IDAHO }
)ss.
County of Ada } r
On this 7.0' day of�' a 2U L, before me,a Notary Public, personally appeared
Robert L. Phitlips, known or proved to me to be the President of Brighton Corporation, an Idaho
corporation, an Executive Manager of BVASB Ten Mile 4 �Xcc g!g LLC, an
Idaho limited liability company, who subscribed said limited liability compare name to the
foregoing instrument, and acknowledged to me that he executed the within instrument on behalf
of BVASB Ten We 1- 9(A ,LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above wai i.
AG IRRY Notary Public MAA
COAAMISS[�11525 Residing at Y
NOTARY PUBLIC Comm.Expires 5 z3
STATE of IDAHO
W COMMiSSM E*IREs Dare 51=
TERMINATION AND RELEASE OF IMPACT FEE REFERRAL AGREEMENT—a
4W3-2751-8446,v.4
CITY
Cit %ert .
By:
ison, Mayor 9-21 -2021
STATE OF IDAHO )
ss .
County of Ada )
On this 21st day of September 20 21 , before me , a Notary Public , personally
appeared Robert E. Simison , known or proved to me to be the Mayor of the City of Meridian,
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
she executed the same on behalf of said entity.
IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written .
E
ARLENE WAY p8
MISSION #67390 Notary Public
NOTARY PUBLIC Residing at Meridian, Idaho
STATE OF IDAHO
MISSION EXPIRES 3R8/22 Comm . Expires 3 -21 -2022
I
TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT — 5
4853-2751 -8440, v. 4
I
Item#16.
Exhibit A
Legal Description of Property
Exhibit A
2775 W.Navagator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 H O RRO C K S Tel: 208.895.2520
ks.com www.horroc
-,11.11- ---- -
E N G I N E E R S
Date:June 7,2019
Project:ID-1579-1901
Page: 1 of 2
PARCEL E
This parcel is a portion of Lots 5,6 and 7,Block 1 of the Final Plat of TM Crossing Subdivision,
on file in Book 112,pages 16327 through 16330 and is situated in a portion of the S.W. '/4 of
Section 14,Township 3 North,Range 1 West of the Boise Meridian,City of Meridian,Ada
County,Idaho,more particularly described as follows:
COMMENCING at the northwest comer of said Lot 2;thence along the north boundary of said
Lot 2,
1) S.89°11'34"E.,703.36 feet to the northeast corner of said Lot 2 and a point of curvature;
thence along the east boundaries of Lots 2,3,4,5,6 and a portion of Lot 7 and a curve to
the right,
2) Having an are length of 117.83 feet,a radius of 326.00 feet,through a central angle of
20°42'33"and a long chord which bears S.34° 13'55"E„ 117.19 feet to a point of
compound curvature;thence along a curve to the right,
3) Having an are length of 315.38 feet,a radius of 731.00 feet,through a central angle of
24°43'10"and a long chord which bears S.11°31'04"E.,31294 feet;thence continuing,
4) S.00°50'32"W.,34.27 feet to the POINT OF BEGINNING;thence continuing,
5) S.00050'32"W.,98.96 feet to a point of curvature;thence along a curve to the left,
6) Having an arc length of 61.80 feet,a radius of 349.00 feet,through a central angle of
10'08'42"and a long chord which bears S.04°13'49"E.,61.71 feet;thence leaving said
east boundaries,
7) N.89°1l'04"W.,211.16 feet;thence,
8) N.00033'50"E., 160.43 feet;thence,
HAD-1579-1901-Food Pavilion TM Crossing/Project datal04 Survey/Legal Descriptions/REV Parcel E 060719
TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT—6
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Item#16.
Date:June 7,2019
Project:ID-1579-1901
Page:2 of 2
9) S.89°11'04"E.,206.48 feet to the POINT OF BEGINNING.
CONTAINING 33,174 square feet(0.761 acres),more or less.
HAD-1579-190 1-Food Pavilion TM Crossing/Project datal04 Survey/Legal Descriptions/REV Parcel E 060719
TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT—7
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Item#16.
Exhibit A
2775 W Navagator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 H O RR4 C K S Tel: 2(}8.895.2520
wwwhorrocks.cam
�rrrr 111r11
E N G I N E F R S
Date:June 7,2019
Project:ID-1579-1901
Page: 1 of 2
PARCEL F
This parcel is a portion of Lots 7 and 8,Block 1 of the Final Plat of TM Crossing Subdivision,on
file in Book 112,pages 16327 through 16330 and is situated in a portion of the S.W. t/4 of
Section 14,Township 3 North,Range I West of the Boise Meridian,City of Meridian,Ada
County,Idaho,more particularly described as follows:
COMMENCING at the northwest comer of said Lot 2;thence along the north boundary of said
Lot 2,
1) S.89°11'34"E,,703.36 feet to the northeast corner of Lot 2 of said TM Crossing
Subdivision and a point of curvature;thence along the east boundaries of Lots 2,3,4,5,
6,7 and Lot 8 and a curve to the right,
2) Having an are length of 117.83 feet,a radius of 326.00 feet,through a central angle of
20°42'33"and a long chord which bears S.34° 13'55"E., 117.19 feet to a point of
compound curvature;thence along a curve to the right,
3) Having an are length of 315.39 feet,a radius of 731.00 feet,through a central angle of
24'43'10"and a long chord which bears S.1 I°31'04"E.,312.94 feet;thence continuing,
4) S.00°50'32"W., 133.22 feet to a point of curvature;thence along a curve to the left,
5) Having an arc length of 61.80 feet,a radius of 349.00 feet,through a central angle of
10'08'42"and a long chord which bears S.04°13'49"E.,61.71 feet to the POINT OF
BEGINNING;thence continuing along a curve to the left,
6) Having an are length of 178.13 feet,a radius of 349.00 feet,through a central angle of
29'14'37"and a long chord which bears S23°55'29"E., 176.20 to the southeast corner of
said Lot 8;thence leaving said east boundaries and along the south boundary of said lot 8
and a curve to the right,
7) Having an arc length of 129.53 feet,a radius of 169.00 feet,through a central angle of
43°54'54"and a long chord which bears S.68°51'33"W., 126.38 feet;thence continuing
along said south boundary,
H:IID-1579-1901 Food Pavilion TM Crossing/Project data�04 Survey/Legal DescriptionslRFV Parcel F 060719
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Item#16.
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8) N.89°11'04"W., 166.77 feet;thence leaving said south boundary,
9) N.00°33'50"E.,207.28 feet;thence,
10)5.89°11'04"E.,211.16 feet to the POINT OF BEGINNING.
CONTAINING 49,998 square feet(1.148 acres),more or less.
HAD-1579-1901 Food Pavilion TM Crossing/Project data/04 Survey/Legal Descriptions/REV Parcel F 060719
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Item#16.
Exhibit A
2775 W.Navagalor Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 H O RRO C K S Tel: 208.895.2520
www.horrocks.com
11-11-
E N G I N E E R S
Date:June 9,2016
Project:ID-1578-1901
Page: 1 of 2
PARCEL G
This parcel is a portion of Lots 5,6,7 and 8,Block 1 of the Final Plat of TM Crossing
Subdivision,on file in Book 112,pages 16327 through 16330 and is situated in a portion of the
S.W. %4 of Section 14,Township 3 North,Range 1 West of the Boise Meridian,City of Meridian,
Ada County,Idaho,more particularly described as follows:
COMMENCING at the northwest comer of said Lot 2;thence along the west boundaries of Lots
2,3,4,5,and a portion of Lot 6,
1) S.00°33'50"W.,404.00 feet;thence,
2) S.04°03'37"E.,48.84 feet;thence,
3) S.01°30'08"E.,25.48 feet to the POINT OF BEGINNING;thence leaving said west
boundaries.
4) S.89011'04"E.,349.42 feet;thence,
5) N.45°48'56"E.,51.43 feet;thence,
6) S.89°1 F04"E.,238.33 feet;thence,
7) S.00°33'50"W.,361.78 feet to the south boundary of said Lot 8;thence along said south
boundary,
8) N.89°11'04"W.,423.85 feet to a point of curvature;thence along a curve to the left,
9) Having an arc length of 128.56 feet,a radius of 235.84 feet,through a central angle of
31°14'01"and a long chord which bears S.77°47'45"W., 126.98 feet to a point of reverse
curvature;thence along a curve to the right,
Date:June 7,2019
HAD 1579-1901 Food Pavilion TM Crossing/Project daW04 SurveylLegal Descriptions/REV Parcel G 060719
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Item#16.
Project:ID-1579-1901
Page:2 of 2
10)Having an arc length of 63.61 feet,a radius of 168.98 feet,through a central angle of
21'34'11"and a long chord which bears S.72"46'52"W.,63.23 feet;thence leaving said
south boundary and along the west boundary of Lots 7,8 and a portion of Lot 6,
11)N.16-11'16"W., 11.40 feet;thence,
12)NO °30'08"W.,362.99 feet to the POINT OF BEGINNING.
CONTAINING 214,203 square feet(4.917 acres),more or less.
HAD 1579-1901 Food Pavilion TM Crossing/Proiect data/04 Survey/Legal Descriptions/REV Parcel G 060719
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