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Home My WebLink AboutAdm to Development Agreement ADA CDUNTY RECDRDER J. DAVID NAVARRO BOISE IDAHO 12/02/02 01:57 PM DEPUTY Bonnie Dberbillig RECORDED-REQUEST OF 1111111111111111111111111111111111111 MERiDIAN CITY 102143308 AMOUNT .00 This sheet has been added to the document to accommodate recording information. First Addendum to Development Agreement for Touchmark Site I Bair Property Annexation (AZ 99-0021 I AZ 02-018) Approved by Meridian City Council November 19, 2002 FIRST ADDENDUM TO EXHIBIT A DESCRIPTION FOR TOUCHMARK SITE OF THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-99-0021 FOR NEW CASE AZ-O2-018) The following is an addendum to that certain Development Agreement between the City of Meridian and Touchmark of the Treasure Valley, LLC., an Oregon limited liability company, specifically to add the additional 5.00 acres that Touchmark Living Centers acquired subsequent to the entering into of the original development agreement dated May 1,2001, and recorded in the Ada County Recorder's office as Instrument No. 101048096, and the April 2001 Addendum To Development Agreement dated May 1, 2001, and recorded in the Ada County Recorder's office as Instrument No.1 01 048097. The parties hereto agree as follows: A. The Development Agreement dated May 1, 2001, as it pertains to the Exhibit A legal description, is amended to add and read as follows: EXHIBIT A DESCRIPTION FOR TOUCHMARK SITE A parcel of land lying in Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the north Y. comer of Section 16, T.3N., R.1E., 3.M., thence S 00°13'01" E 40.00 feet along the west line of the NE Y. of said Section 16 to a point on the south right-of-way line of Franklin Road, the REAL POINT OF BEGINNING of this description; Thence S 89°29'19" E 1351.22 feet along said south right-of-way line to a point on the east line ofNW Y. of the NE Y. of said Section 16; Thence S 00°06'30" E 518.08 feet along the east line of the NW Y. of the NE Y. to a point on the north boundary of Edgeview Estates No.1 Subdivision, filed in Book 63 of Plats, at Page 6399, records of the Ada County Recorder's Office; Thence along the north and west boundary of Edgeview Estates No.1 Subdivision and along the west boundary of Edgeview Estates No.2 Subdivision, filed in Book 65 of Plats, at Page 6704, records of the Ada County Recorder's Office, the following courses and distances: FffiSTADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-99-0021 and new AZ-O2-018) Thence N 82°17'38" W 7.63 feet; Thence N 79°33'15" W 449.48 feet; Thence S 80°42'48" W 116.19 feet; Thence S 25°35'37" W 195.09 feet; Thence S 22°39'37" E 150.00 feet; Thence S 33°16'37" E 620.00 feet; Thence S 30°51'03" E 493.00 feet; Thence S 00°06'30" E 493.51 feet; Thence S 13°51'55" W 426.51 feet; Thence N 89°23'43" W 34.37 feet; Thence S 13°46'18" W 21.40 feet to the southwest comer of Edge view Estates No.2, said point being on the north right of way of Interstate 84; Thence N 89°43'13" W 530.52 feet along said northerly right of way to a point; Thence N 00°19'45" W 23.85 feet to a point on the south line of the NE Y. of said Section 16; Thence N 89°23'43" W 673.14 feet along said south line to the southeast comer of the NW Y. (the center Y. comer) of said Section 16; Thence N 89°23'35" W 625.37 feet along the south line of the SE Y. of the NW Y. to a point on the north right of way of Interstate 84; Thence N 85°44'30" W 25.58 feet along said north right of way to a point; Thence N 00°00'00" W 1024.38 feet to a point; Thence N 44°54'04" W 430.35 feet to a point; Thence N 89°26'11" W 738.37 feet to a point on the east boundary of Montvue Park, a subdivision, filed in Book 17 of Plats, at Page 1107, records of the Ada County Recorder's FffiST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-99-0021 and new AZ-O2-018) 2 Office; Thence N 00°20'17" W 1287.16 feet along said east boundary to a point on the south right-of- way line of Franklin Road; Thence S 89°28'47" E 337.68 feet along said south right-of-way line to a point on the east line of the NW Y. of the NW \4; Thence S 00°21'56" E 456.25 feet along the east line of the NW Y. of the NW Y. to a point; Thence S 79°29'58" E 117.09 feet to a point; Thence N 00°21 '56" W 476.55 feet to a point on the south right-of-way line of Franklin Road; Thence S 89°28'47" EIO03.79 feet along said south right-of-way line to a point; Thence S 00°13'01" E 882.87 feet to a point; Thence S 85°31 '47" E 235.00 feet to a point on the east line of the NE Y. of the NW y.; Thence N 00°13'01" W 899.06 feet along the east line of the NE Y. ofthe NW Y. to the REAL POINT OF BEGINNING of this description; Said parcel ofland contains 135.12 acres, more or less. AND INCLUDING A parcel ofland being located in the NW Y. of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence S 89°28'47" E 2706.25 feet to the northeast comer of the NW Y. (North Y. Comer) of said Section 16, the REAL POINT OF BEGINNING ofthis description; Thence S 00°13'01" E 939.06 feet along the east line of the NW Y. of said Section 16 to a point; Thence N 85°31 '47" W 235.00 feet to a point; Thence N 00°13'01" W 922.87 feet to a point on the north line of said NW 1/4; Thence S 89°28'47" E 234.24 feet to the REAL POINT OF BEGINNING of this description; FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-99-0021 and new AZ-O2-018) 3 Said parcel contains 5.006 acres, more or less. B. It is agreed between the "City" and "Developer" that the development project of Touchmark Living Centers, pertaining to the enclave of 5.00 acres, shall be fully incorporated into the original development agreement with Touchmark of the Treasure Valley, LLC, an Oregon limited liability company, and shall include the 5.00 acres with an L-O zoning. Additionally, the conditions and the specific uses that were allowed within the original development agreement are incorporated herein as if set forth in full and shall apply to the Touchmark Living Centers 5.00 acre project. C. Except as modified by this Addendum, the Development Agreement between the parties dated May 1, 2001, is hereby ratified and confirmed. IT IS SO AGREED. /...;..Iv DATED AND SIGNED this ß!!.. day of 'tJ1/.e /It 6£f" ,2002. TOUCHMARK OF THE TREASURE VALLEY, L.L.C., an Oregon limited liability company DEVELOPER/OWNER BY: ;~ J1. ~~ Werner G. Nistler, Jr., resIdent of Touchmark of the Treasure Valley, LLC., an Oregon limited liability company FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-99-0021 and new AZ-O2-018) 4 STATE OF IDAHO, ) : ss. County of Ada, ) On this ~ day of tlov~ , 2002, before me, a Notary Public, in and for the said state, personally appeared Robert D. Corrie 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. (SEAL) ~....N..... .. _---liMJ... .. /;;OT~;:~.. .~I . . . \ . \_-~~cJ,} ..~-_.~~.. ....&F....- g~OJì¥ìSrfut~ Notary Public for Idaho Residing at: AclGl r1J~ I 'F Commission Expires: .- -0 STATE OF crer fIvI ,) County of tJfÍt,Ì1f/1Jv.~)ss. On this ~ day of () ~ ,2002, before me, a Notary Public in and for said state, personally appeared Werner G. Nistler, Jr., President of Touchmark ofthe Treasure Valley, LLC., an Oregon limited liability company, known or identified to me to be the person(s) who executed the instrument and acknowledged to me that he did execute the foregoing instrument on behalf of said corporation. (S OFFICIAL SEAL THERESA M. GATES NOTARY PUBUC-OREGON COMMISSION NO. 348889 MY COMMISSION WIRES /WG. 14, 2005 Z:\WorklMlMeridianlMeridian 15360M\Bair Property Annex AZ-O2-018\ADDENDUMroDevAgmtdoc FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-99-0021 and new AZ-O2-018)