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HomeMy WebLinkAboutCottonwood Lane ~ Recording Requested By and When Recorded Return to: City of Meridian c/o City Attorney's Office 33 E. Idaho Ave. Meridian, Idaho 83642 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 05/11/06 01:52 PM ~~~~~~E~~~~Q~~~fi~l~g 111111111111111111111111111111111 1111 Meridian City 106073890 '. -.-- .,....._-, " ---'-'--'.-.-..-----"' For Recording Purposes Do Not Write Above This Line FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian William E. Colson, The Hugh D. Colson Revocable Trust and Meridian Premier LLC, Owner/Developer THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment") is made and entered into this c:;10ii-\ day of April, 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and WILLIAM E. COLSON, THE HUGH D. COLSON REVOCABLE TRUST, and MERIDIAN PREMIER LLC, an Oregon limited liability company, whose address is 2250 McGilchrist Street S.E., Salem, Oregon 97302, hereinafter called "OWNER/DEVELOPER" . 1. RECITALS 1.2 1.3 1.4 1.1 WHEREAS, "OWNER/DEVELOPER" is the 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 WHEREAS, "City" and "Owner/Developer's" predecessor-in- interest entered into a that certain development agreement restricting the use and development of the Property, dated April 26, 2005 and recorded in the real property records of Ada County on May 26, 2005 as Instrument No. 105067162 (the "Development Agreement"). WHEREAS, the Development Agreement contains certain errors and provisions not contemplated in the entitlement approvals for the "Property. " WHEREAS, the parties desire to amend the Development Agreement to correct those errors and provisions, and update the "Owner/Developer's" address for notices. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 1 OF 1 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties amend the Development Agreement , as follows: 1. Delete Section 4 in its entirety and replace with the following: 2. "4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Unified Development Code codified at Meridian City Code Section 11-2B-2 which are herein specified as follows: 4.1.1 The primary use on the Property zoned C-G shall be a hotel, motel or restaurant. 4.1.2 The primary uses on the portion of the Property zoned L-O shall be multifamily developments and/or office centers. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement" Delete Section 5 in its entirety and replace with the following: "5. DEVELOPMENT IN CONDITIONAL USE. If "Owner/Developer" desires to construct of any buildings or improvements on the "Property" that require a conditional use permit, "Owner/Developer" shall obtain a conditional use permit in accordance with the then applicable Zoning & Development Ordinance criteria prior to the commencement of construction of such buildings or improvements." 3. Delete Section 7 in its entirety and replace with the following: "7. COMPLIANCE PERIOD/CONSENT TO REZONE: The "Owner/Developer" shall comply with Section 6 entitled "Conditions Governing Development of Subject Property" upon the earlier of (i) the recordation of a final plat for the "Property" or the applicable portion thereof, except for conditions that are otherwise bonded for in accordance with City Code; or (iii) four (4) years of the date this Agreement is effective. If the "Owner/Developer" defaults on the preceding obligation, the "City" may, after notice and hearing procedures as outlined in Ie. § 67-6509 or its successor provision, rezone of any portion of the "Property" not in compliance to any zoning designation deemed appropriate at the time. In FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 2 OF 2 .. such event, "Owner/Developer" hereby consents to such rezone pursuant to Idaho Code § 67-6511A." 4. Delete Section 17 in its entirety and replace with the following: "17. 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 l!nited States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Meridian Premier LLC Attn: Bruce Thorn 2250 McGi1christ Street S.E. Salem, Oregon 97302 with copy to: with a copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Franklin G. Lee Givens Pursley LLP 601 W. Bannock Street Boise, Idaho 83702 17.1 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." 5. Development Agreement Remains in Force. Except as modified by this Amendment, all terms and conditions of the Development shall remain in full force and effect. All defined terms in the Development Agreement shan have the same meaning in this Amendment [end of text; signature page to follow] FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 3 OF 3 ... IN WITNESS WHEREOF, the parties have herein executed this Amendment and made it effective as hereinabove provided. THE HUGH D. COLSON REVOCABLE TRUST dated ~~ 60 , \OtQ\f- )=-~;1/ /) ~ By: Its: ~¡A.(}tL-< By: MERIDIAN PREMIER LLC, an Oregon limited liability company ~. -- Bruce Thorn, Manager CITY OF MERIDIAN By: ATTEST: [L:~',.~~ ,~':,~ ~ ~ ~- - \ '. ". cr" ,,- -::'~þf,~\;>, ""'/0"::: -:;:. 'i') \..,:'-'-::/t -Hr~1, '/ '. '!.It- .:: " "'...t,' Ie. -<- ". ",.;., ¥ "" "-"-..,-".- :;,"" ,'Y ')~r I_{)r!:< "1"" ~ \,..;" /1/ ¡'-\,?'J/f .. \\\ 11111/,'1111<\\1\1\\\ FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 4 OF 4 STATEOF O~Oh COUNTY OF mÓ.,(' on ) ) ss ) On this 2D+t-aay of April, 2006, before me, a Notary Public in and for said Sate, personally appeared \ ~ l\~ D..m £ - tol6Ùh , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. (SEAL) ~í}1 ' Y2 YifÙffi. ~ ~ Notary Public for t5'YGfJðh Residing at: ~[f'AIY) , rJ'rr'_fJôY> Commission expires: .shJL-1 /3, dCG>l..P I ~~~ -"-- OFFICIAL SEÀL - ~ .. 6~'f'~ ROBIN R. BOYD ~i'~~t NOli\RY PUBLlG..ORrGON I r\\'~i':i.,I COI'~"II""'-I"'" NO ""8227 ,.' " ",:,::-' "~"" ')'.' u.. ,o::¡ ~ ~~MY ~!,-,!?'!1:..~~~ ~ .'"-;;~=.~,.:".~~",=~~"::>".."..I",~,,,,., STATE OF CJì.t5°Yì ) ) ss COUNTY OF 1l1:ur? clh ) On this ~ ay of April, 2006, before me, a Notary Public in and for said Sate, personally appeared O. Co lso 'TrWJkR-, known or identified to me to be the Trustee of THE HUGH D. COLSON REVOCABLE TRUST under trust agreement dated JJef-o"VY\(w .jJO, /c,Ct Y- , and acknowledged to me that by said Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same. J J /-. cß (SEAL) Notary Public for ~ tfh Residing at: Ztt-l¿ r ~ðh Commission expires: ~ ~~""=<i~: 5.~~~-;-.~.. '.,¡; ~, OFFICIAL SEAL' ~ ,,1<:'" , ROBIN R. BOYD \Ç~ " ... 'i NOTI\fct PUBLIC-OREGON ",~~;:l COMri'HSSION NO. 358227 ~ -"':..^~.c~"" E"RESJLilY 1a ""'" ,~-,~"~;.~~.......",,=. . _. -"~~...,~~ FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 5 OF 5 STATE OF Drejó\'ì ) , ) ss COUNTY OF lrJlLV¡ 6)'") ) On this ~ay of April, 2006, before me, a Notary Public in and for said Sate, personally appeared BRUCE THORN, known or identified to me to be the MANAGER of MERIDIAN PREMIER LLC, an Oregon limited liability company, and the person who executed the instrument and acknowledged to me that he executed the same on behalf of said limited liability company. /) LJ2 ;:' ), // C VJJL ,1l~) Notary Public for ~ Residing at: ~( (j~(¡?'P}-;. Commission expires: . ) /3;, :JðÒ~. (SEAL) '-'~~~', ~ OFFICIAL SEAL -' -, - ~ ' - - J%mUN R. HOYD ~ :"1" " ND1ßJi:" "U:;I.JC-OREGON ',~-~,;) COiv;t,,¡¡SSICN Nt). 358227 "\~-' fi~" COMMIS~IUN ~;~Ftn' Jl"Y 13 20(16 "SS:S:.õ> .I,~-':';~-gëh~~~~:<~<::~' STATE OF IDAHO ) : ss County of Ada ) On this ~nd day of ~~, 2006, before me, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified to me to be the MAYOR and CITY 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. ..,...... ~. M ne. . . "'"~ . -~._- . ..~,/""O T --', ... (SEAi) ,I + ~A\ ~ . , . . : ' . . , : . . , , . . ' I . -.lA.'" I . ~ '$I/3J-, ,ç . ~~ . .. -If".. 1, '>.... .. '.- ... ~~ Notary Public for Idaho Residing at: Commission expires: 10 -II-I t FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 6 OF 6 Exhibit "A" Annexation Legal A parcel of land for annexation located in a portion of Lot 23, Block 1, of Amended Magic View Subdivision, as ShOWD on the official plat recorded in Book 52 of plats at pages 4445 and 4446, Records of Ada County, Idaho, and a portion of the B1/2 ofSec:tion 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada Coumy, Idaho and more described as Follows: Commencing at a bra.ss cap monwnent marking the NE comer of the NE 1/4 of said Section 17, thence along the East line of said section 17,800°46'02"£, a distance of 2,652.92 feet to a brass Cap monument marking the SE comer on the NE 1/4 of said Section 17, thence leaving said East line, 869°31 '29"W, a distance of 1 ,062.84 feet to a point on E. Freeway Drive being the POINT OF BEGINNING; , . Thence along the centerline ofE. Freeway Drive, S53° 1 0'11 "W, a distance of 112.17 feet to a point; Thence along an arc of a curve to the right, having a radius of 3671.69 feet, an arc length of 241.34 feet, a central angle of3°45'58", and a chord bearing of S53~30'16'~W a distance of 241.31 feet to a to a point; , Thence leaving the centerline of E. Freeway Drive N34°37'27"W, a distance of 30.00 feet to a to a 5/8 inch rebar marking the intersection of the North right.of-way line orE. Freeway Drive and the West line of said lot 23; Thence leaving said North rigbt-of.way line and along the West line of said lot 23, NOo050'40"W, a distance of 547.47 feet to a 1/2 inch rebar; , Thence leaving said West line and along the South line of said lot 23, S89°40'22"W, a distance of 782.01 feet to a 5/8 inch rebar on the East right-of-way line ors. Wells Drive; Thence leaving said South line, S79°59'O3"W, a distance of25.00 feet to a to a point on the centerline of S. Wells Drive; Thence along the centerline of S, Wells Drive, NlOoOO'57"W, a distance of7.85 feet to a to a point; Thence along an arc of a curve to the right having a radius of 133.40 feet an arc length of 61.57 feet, a central angle of 26"Z6'38 " and a chord bearing ofNO3°12'22"E a distance of61.02 [eetto a point; , Thence N16°25'41 "E, a distance of 391.86 feet to a to a point; , Thence leaving the centerline of S. Wells Drive, S73°34'19"E, a distance of25.00 feet to a 112 inch leba! on the East right-of. way line of said S. Wells Drive, also beill.g the NW comer of said lot 23; Thence leaving said East rîght-of.w&y line <md along the Northerly line of said lot 23, S72Q29'27"E, a distance of 702.83 feet to a 5/8 inch rehar marking the Northeasterly comer of said lot 23; . Thence leaving said Northerly line and along the Easterly line of said lot 23, S27"38'31"E, a distance of 625.95 feet to a 5/8 inch lebar on the North right-of~way line of said E. Freeway Drive; , Thence leaving said North right-of-way line S36°49'49"E, a distance of30.00 feet to the POINT OF BEGINNING. ;.....~~- ..,'. Said parcel cont~ins 377,281 square feet o~ 8.6~ acres, more or less and is subject to all exis~:~~-,i':~::~;;...~.< :'~> easements and nghts-of-woys of record or nnphed. , ~ ",¡ - ,;,7;,-( b' . . '"j(;~'~;\ ~ ~~.o~\~ (iC W't-C"~ OCT 1 201J4 \" '".>- ~~ !L.J"