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HomeMy WebLinkAboutCherry Lane Project MI03-005ADA COUNTY RECORDER J. DAVID NAVARRO 30 BOISE IDAHO 05123103 12:00 PM DEPUTY Michelle Turner RECORDED-REQUEST OF II I IIIIIIIIIIIIIIIIIIII II IIIIIII II III Meridian City 103085230 AMOUNT .00 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (RZ-00-008) The following is a Second Addendum by and between the City of Meridian, a municipal corporation, and Oakwood Enterprises, LLC, by and through its Manager, Heartland Townhomes Property Management, LLC, John A. Laude, Sr., to that certain Development Agreement between the City of Meridian, a municipal corporation and D.D.&F., an Oregon general partnership, dated March 10, 1998, and the First Addendum to the Development Agreement between the City of Meridian, a municipal corporation and D.D.&F., an Oregon general partnership, dated June 5, 2001, which are subsequent to the entering into of the original Development Agreement dated March 10, 1998, and recorded Apri16, 1998 in Ada County Recorder's office as Instrument No. 98031450, and the First Addendum to the Development Agreement dated June 5, 2001, and recorded in Ada County Recorder's office as Instrument No. 101060907. The parties hereto agree as follows: RECITALS The Agreement was originally entered into by and between the City and D.D.&F., an Oregon general partnership (D.D.&F.). A copy of the Agreement is attached as Exhibit 1. The Agreement affected development of that real property described in Exhibit 1 hereto (Original Property). 2. A First Addendum to Development Agreement Modifying 2a-e on Page 2 and Addendum to Exhibit "B" (First Addendum) was also executed by the City and D.D.&F. A copy of the Addendum is attached as Exhibit 2. 3. The Agreement required development, by conditional use permit, of 8.05 acres of the Original Property with an assisted living facility and senior housing. Agreement, Paragraph 2.a., p.2. The Addendum provided for revocation of the conditional use permit and the development of 5.17 of the 8.05 acres with a residential subdivision, leaving 2.88 acres zoned Office-Light (LO). Addendum Paragraph 2.2, p.l. The City revoked the conditional use permit and D.D.&F. proceeded to develop the 5.17 acre parcel with a residential subdivision. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC -CHERRY LANE PROJECT MI-03-005 PAGE 1 OF 7 4. Oakwood is the successor in interest to the 2.88 acres zoned LO. A copy of the deeds showing the chain of title is attached as Exhibit 3 (Oakwood Property). 5. The City and Oakwood desire to clarify the conditions of the Agreement and Addendum as they pertain to the development of the Oakwood Property. NOW THEREFORE, the parties hereby agree as follows: 1. All other terms of the Agreement and Addendum notwithstanding, the Oakwood Property shall be known and considered to be LO and subject to the conditions and requirements of that zone. 2. Oakwood agrees to develop the Oakwood Property subject to all conditions and all current ordinances pertaining to development of property zoned LO. 3. The following paragraphs of the Agreement shall be deemed to not pertain to the Oakwood Property, and said following paragraphs are hereby deleted from the Agreement: Paragraphs 2.a., 2.b., 2.c., 2.e. and 3 are deleted. ~ i c >, r. rr~rv r.....:,.,. c ..,.,. av. ~ ~ deed:-- e€-fr~r-spase.. . .... From the Exhibit "B", Paragraph 17 shall be retained and not deleted from the Agreement, and the applicant shall be required to comply as follows: 17. Developer shall construct and install a PI system, not including a separate pump system., utilizing surface irrigation water, and any proposal for a supplementary connection from the CITY's water system will be reviewed closely by the CITY. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC -CHERRY LANE PROJECT MI-03-005 PAGE 2 OF 7 From the Exhibit "B", Paragraphs 20, 21, 22 and 26, as shown below, are hereby deleted. n 1 1, it -_-__ _____ ~ ;Ae ,.11. i8 r 0 From the Exhibit "B", Paragraph 26, as shown before, the applicant shall comply as noted after paragraph 26 as follows: 26. Developer shall meet all representations made by applicant during the public hearing process... (Staff agrees to strike only those representations that pertain to property not owned by Oakwood Enterprises, LLC. Any representations that apply to the Oakwood Property and are applicable to an L-O project remain in effect.) The following paragraphs of the First Addendum Amendments shall be deemed to not pertain to the Oakwood Property, and said following paragraph are hereby deleted from the Agreement: The following from the First Addendum Amendments, Paragraph 1.4 shall be retained and not deleted from the First Addendum Amendments, and the applicant shall be required to comply as follows: 1.4 Any existing imgation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC -CHERRY LANE PROJECT MI-03-005 PAGE 3 OF 7 Additionally, the applicant shall be required to comply with the below Recommendations asfollows: B. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. The District requires Settlers Canal and easement to be protected near the southern boundary of the proposed development along Cherry Lane. C. Adopt the Recommendations of the Ada County Highway District from their Apri17, 2003 letter as follows: L If the Site Plan or use should change in the future, ACHD will review the Site Plan and may require improvements to the transportation system at that time. 2. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACRD. In addition to any costs associated with a permit or license agreement, a roadway impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. 3. In accordance with ACHD's standard requirements, the applicant shall: / Meet District drainage requirements, / Replace or repair any damaged curb, gutter and sidewalk (as determined by Construction Services), / Bear all costs for the relocation of utilities associated with improving street frontages, / Contact the District's Utility Coordinate or Construction Services Department in regard to all utility sfreet cuts to determine if the pavement is less than five years old. D. Adopt the Recommendations of the Meridian Fire Department as follows: Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All corners will have to have 28' inside radius and 48' outside radius. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC -CHERRY LANE PROJECT MI-03-005 PAGE 4 OF 7 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. All fire lanes shall have a 20' wide unobstructed driving surface. UFC 902.2.1 Provide an approved turn around for any street which exceeds 150' in length. 8. That afire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. The roadways shall be built to Ada County Highway Standards and have aback-to-back measurement of 36'. UFC 902.2.1 11. All radii shall be 28' inside and 48' outside radius. 4. It is agreed between the City and Oakwood that the development of the Cheny Lane Project shall be fully incorporated into the original development agreement with Oakwood Enterprises, LLC, and shall include 2.88 acres with an LO zoning. Additionally, the conditions and requirements within the original Development Agreement and the First Addendum, except as herein addressed above, shall be incorporated herein as if set forth in full and shall apply to the Cheny Lane Project. 5. Any notices to be given pursuant to the terms of the Development Agreement, First Addendum or this Second Addendum pertaining to the Oakwood property shall be sent to: Oakwood Enterprises, LLC 114 E. Idaho, Ste. 230 Meridian, Idaho 83642 City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRLSES, LLC -CHERRY LANE PROJECT MI-03-005 PAGE 5 OF 7 6. Except as modified by this Second Addendum, the Development Agreement and the First Addendum between the parties, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this ~ day of / ~t-~ , 2003. \``~~awunruyn ~y C?~~o~ORq~'~ ` CITY OF MERIDIAN 4 //C SEAL Bx Z 9 ~~ ~ . -p , ` nw Gt~2 lrfLte-oC~ ~•~~,p~ T 15~ ~ >OQ~`"~~ Ci,y~, ~~ci7 Qrel'i`cler.~ ,% ~/~yovrd ~y G,~j Cotv.~,coG S-13-03 OAKWO~D ENTERPRISES, L.L.C. By: Hea and Townhomes Property By: SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC -CHERRY LANE PROJECT MI-03-005 PAGE 6 OF 7 STATE OF IDAHO, ) ss: y,,,,,,~ e /,/eerd, County of Ada, ) On this 13~~` day of ~ _, 2003, before me, the dersigned, a Notary Public in and for said State of Idaho, personally appeared and William G. Berg, Jr., known or identified to me to be the and City Clerk, respectively, of the City of Meridian, who executed the ins ent or the persons that executed the instrument on behalf of said City, and acknowl dged to me that such City executed the same. CiI~ C'ounc:! Oreride~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first (SEAL) STATE OF IDAHO, County of Ada, ss: ~la~ oYl JYV~-~ Notary Public for I aho Residing at: t. ~~ ~ Commission Expires: /~~ S ~- On this ~ S day of ~0.~ , 2003, before me, the undersigned, a Notary Public in and for said State of Idaho, personally appeared John A. Laude, Sr., known or identified to me to be the Managing Member of Heartland Townhomes Property Management, LLC Manager of Oakwood Enterprises, LLC, who executed the instrument or the person that executed the instrument on behalf of Heartland Townhomes Property Management, LLC Manager of Oakwood Enterprises, LLC, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal ~~ ~~~•and year first above written. O~1 NLj,.g ~'•i••••• •fJ~ ~ • $ * ' Notary Public for Idaho _ * ~ ~~~~G Residing at: /~ Q ~~ .~ PUBS' ~~ Commission Expires: -Ga-b '•. s '~.... ~' •'•.T'9TS O4~Q Z:\Work\[vlVMeddianVvleridian 15360M\Cherry Lane Projec[ MI03 005\SECOND AMENDMENT TO DEVELOPMENT AGREEMENT.doc SECOND ADDENDUM TO DEVELOPMENT AGREEMENT OAKWOOD ENTERPRISES, LLC -CHERRY LANE PROJECT MI-03-005 PAGE 7 OF 7 ,~:~. f V W~~' ~ ' tLtI:UKUtU' Ktt1U~5 t OF AOA COUidTY RECORAER ~.~''' a~ ~:_ J.QAVlO NAVARRO BOISf.IDAHO J FEE~DEPUTY 1998 AP-6 P~ 105 98831 450 DEVELOPMENT AGREEMENT THIS AGR~MENT, made and entered into this 10th day of March 1998, by and between the CITY OF MERIDIAN, a munici ' pal corporation of the State of Idaho, party of the fast part, hereinafter called the "CITY", and D.D. & F. an Oregon general partnership, PAY of the second part, hereinafter called the "DEVELOPER" ,whose address is 501 SE Columbia Shores Boulevard, Suite 300, Vancouver, Washington 98661. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idah,_ o Code, 67.6511A, Development Agreements, which provides that cities may ewer imo development agreements with developers upon retuning of land; and WHEREAS, the CITY has passed Ordinance 11-2-417 D, which authorizes development agreements upon the•retuning of land; and WEIEREAS, the DEVELOPER has submitted an application caning of that certain property described in Exhibit "A", and of the 24.88 acres total, has requested zoning of L-O for 8.05 acres, with the rest of 16.83 acres to remain tuned R-4; and WHEREAS, the DEVELOPER has consented to the submittal of preliminary and final plat applications for 12.23 acres of the parcel for development as asingle-family residemial subdivision to be known as Devlin Place Subdivision which has been approved with conditions outlined by City staff and various agencies, as approved by the City Council on March 3, 1998; and WHEREAS, the DEVELOPER made some represerrtations aY public hearings before the Meridian Planning and Zoning Commission and Meridian City Council as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions acrd restrictions upon annexation or rezoning of property; and PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVEIAPMENT AGREEIVVIENT page 8 ~ ~ ~~-~ ~~z~ ~ ©~ « WHEREAS, the DEVELOPER, as sole owner of said ]and, Etas requested a Conditional Use Permit for the development of a 44-unit assisted living facjlity, with 16 units of Alzheimer's ~ ten garden apartments; atwo-story, 106-suite retirern~ complex; and a city park. DEVELOPER has submitted to the CITY site plans as to how the property might be platted, landscaped, bermed, lighted, access provided, and'elevations. WHEREAS,'the Findings ofFact and Conclusions oflaw required that the DEVELOPER enter ic-to a Development Agreement; and WHEREAS, the said City Council ~ ~ Findings of Fact and Conclusions of Law azmexed or rezoned the property subject to de-annexati~ ~ ~ DEVELOPER did not enter into a Developmenrt Agreement. NOW, THEREFORE, TT IS HEREBY AGREED AS.FOLLOWS: DEVELOPER agrees, and hereby binds its heirs, successors and assigns to this in consideration for the annexation, rezone, or ~ ~n-de-armexatian of the ar agreement, ea, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this aSR.eement cannot be altered, ed or modified without the express written consent of the CITY. thong 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A": a. Develop and construct ~ assisted living facility and senior housing on 8.05 acres of the property, b. - Submit to the CITY applications for conditional use, and obtain the CITY's aPP~ thereof prior to, and as a condition of; the commencernent of construction ~~Y bu>7ding(s) or improvements on the property, imended for senior housing or other uses. c• Develop and construct single-iamily resideotiial units on 12.23 acres of the Property and dedicate 4.6 acres of land for a City park on the Subject Property as presented to the CITY. d. Submit a subdivision plat application of the property to the CITY to be at?Pro-'ed by the CITY and recorded in the Ada County Recorder's oflice prior to a~ developmem. e. The DEVELOPER or its successor shall only construct single-famfly houses on the 12.23 acres of land, and a'1 such single-family houses shall have at least one thousand four hundred 1 400 square feet of floor space, exclusive of garages, and there shall be no change to increase the mmtber of lots or decrease the size of lots as PRESTTGE CARE/DEVLIN PLACE SUBDMSION DEVELOPMENT AG 3/6/98 REEMENT Page 2 ~YIiL~~ `r~., 2 O7' <~. shown on the approved final plat, which is incorporated herein as if set forth in full herein. 3• That the property zoned R_4 shall have lot sizes of at least t~ht thousand 8 000) s9u~'e feet, which is the size represented at the City hearings, and shall meet all of the re4~ernents of the R=4 zone and allow no duplex units, townhouses, or patio homes to be constnrcted on said property, 4. That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of Improvement Plans "Improvemerrt Plans" showing all streets, emry drives entering the property from a public right-of--way, utilities, Pressurized irrigation other slrnil~ ~ ~~ of ditches, fire hydrants, sewer, water, drainage, y~eet and within the develo~g ~ ~~~, and other such improvements contemplated Pment, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvemerrt Plans are incorporated herein and made a part hereof by reference, It is agreed that the improvements to be constructed and installed by successor owners which are located wholly within the boundaries of the lot (hereafter "On-Site Improvements' are subject to the tetnrs of this Development Agreem~ ~ slutll be subject to approval by the CITY in the normal course of the CTPY's issuance of a conditional use or other permit and bur7ding permit for the construction of a building on such separate lot, with the CITY's remedy for fitilure to construct or instal( such On-Site Improvements being as provided in the Ordinances of the CITY or the denial of a Certificate of Occupancy with respect to the building constructed on said lot. The failure of the owner of a lot within the property to construct or install the On-Site Improvements on said lot shall not affect or i~erfere with the issuance of a building permit or a Certificate of Occupancy with respect to arty other lot within the property, provided the owner thereof is in compliance with the terms and conditions of the forP~~s granted for that lot by the CTfY and/or the plans approved by the CIT'I' dmg constructed thereon. 5. That DEVELOPER will, at its own expense, construct and install all sanitary sewers, storm drains, utilities, Pumping stations, water mains and appurtenances, fire 1tYdrants, ~~ogutters and sidewalks, Pressurized irrigation system, tiling and piping of ~, electrical transmission lines, natural gas lines, telephone Imes, cross drains, streets, street surfacing, street ~, and barricades as well as improvements shown on the Im anY and all other CTfY. Provement Plans as reviewed and approved by the 6. That DEVELOPER will construct and install all such improvements in strict accordance with a filed and approved plat and Improvemem Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time tlva construction of said improvements is accomplished. PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AG 3/6/98 REEIGIENT' Page 3 X ~'LL~J-Cf '~~ ~~ ~ 0~ << ~ ~~ 7. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or .portions, of said improvements he imends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated, by such phased construction work as shall be required and approved by the City Engineer. 8. That DEVELOPER will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvemems shall be "corrected" to show the actual corrsnucted location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement plans shall include a' "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 9. That DEVELOPER will, immediately upon the completion of arty such constructed portion, portions, or the entirety of said developmern, notify the City Engineer and ['agues[ his inspection and written acceptance of such completed improvements or portion thereof 10. That DEVELOPER agrees, that upon a finding by the City Councl, duly entered in the of&cial mirwtes ofthe proceedings of the City Countai, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will therarpon, within a reasonable time, constnrct said needed improvements, or, if he does•not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvemens, the DEVELOPER will pay to the CTf Y the cost of such cons[ruction, in such manner and under such terms as the CITY shall order, efts' conference with the DEVELOPER or attempted wnference after notice to DEVELOPER Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days priorthereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 11. That DEVELOPER agrees that upon its having received written notification from the City Engineer', that a~ of the regtriremerrts herein specified have not been complied wrth, that the CITY shall have the right to withhold the issuance of any ertifi tes f Oa anvY within such area and/or shall have the-right to withhold the providing of ctilinary water service tp any Part, Parcel, or portion of such annexed yea until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at PRESTIGE CARE/DEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 4 x.l~l~~t "7" ~ o~ ll ~, ~ ' \. any regulaz meeting after airy Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties aze preserved at law and equity. I2. That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Project Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) afcredit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and Compded Ordinances of the City of Meridian, and the C1fiY shall have the right to withhold a building permit with respect to airy lot within the ProP~y until the same is provided by the DEVELOPER Said improvements shall include, but not be limited to, sewer, water, irrigation and drainage P1P~ pressurized irrigation system, landscaping and banning, and finang. 13. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no tertificates of Occupancy shall be issued in arty phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the speaal conditions set forth in Exhffiit 'B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to a~ construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 15. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified rna0, postage Prepaid, return receipt requested, addressed as follows: CITY ofMeridian: DEVELOPER: City Attorney D.D. & F. c/o Brad Zuke City of Meridian SOl SE Columbia Shores Blvd Suite 300 33 East Idaho Vancouver. WA 98661 Meridian, ID 83642 A Pal' 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. The p-~rties may at any time hereafter modify or amend tlris Agreement by a subsequem written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall h be deemed modified in any way by the act of any of the PRESTIGE CARE!DEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page95 ~x..h;il.~~t "~ ~~ 5 of 1l parties hereto. Nothing herein in intended, nor shall it be construed, as obligating a party to agree to any modification to this Agreement, 16. That DEVELOPER agrees to pay all recording fees necessary to record this Agreemem with the Ada County Recorder's office. 17. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 18. This Agreemem shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 19. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the Property shall be subject to de-armexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions ofLaw, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPER: D.D. ~$ F Name: P ' ' Fo Title: Managing General artner (SEAL) CITY OF MERIDIAN .~``'" ~ ~~~ (SEAL) BEAL D. Come, Mayor G. Berg, Jr., City s '~§ ~'0~. ~P~ ~''e,.. ...~`. PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREF,MENT page 6 .~xhil2~t "2" I~ o~ f ~. STATE OF Cc~e~~ -- .~+,.~. ~ ) ~ i- ss. ' County of ~.~ ) On this ~,~ day of ~.~,L~ 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Phili G. Foee ,known, or proved to me, to be the Managing General Partner of D.D. & F., an Oregon genera( partnership, whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. . - IN,:WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year n~tFua certificate first above written. 'p •:,•' a~~ t ~ ~°' ~'~ Notary Public for- ~ru ~ 1;;~r~, =? , J~^' Residing at: "~''~~) ~~!'=~-, :"' My Commission Expires: /- S- vzoo ~ STATE OF IDAHO ss. County of Ada ) On this ~ day of s~s~~ 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrumem and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereumo set my head and axed my official seal, the day and Year in this certificate first above written. '~:~~~.; ::'~l~y4y_ Notary- '' '~y Residing (~~T~p 's MyCom • ~.~ °. *• * ~•. ~°UBLSG ''-~~1'J9'~'+~....~' ~O q PRESTIGE CARE/DEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 8 L~ !~-~VJ'~~ ri n ii ~I l7 I ~,_ (. EXEIIBIT A The land refetred to is this Development Agreement is described as follows: BEGINNING AT THE SOUTHWEST CORNEA OFTHE EAST 1/2 OF THE SOUTHWEST pUARTEA OF SECTION 2, TOWNSHIP 3 NORTH, RANGE t WEST OF THE BOISE iNERIDIAN, ADA COUNTY, IDAHO, WHICH POINT iS THE AEAl. POINT OF BEGINNING; THENCE NORTH 0 DEGREE 55' WEST 265.9,7 FEEf,gI.pNG THE WESTERN BOUNDARY TO SAID EAST 1/2 OF THE SOUTHWEST OUARTEA OF SAID SECTION 2 TO A POINT ON THE NORTHERN BOUNDARY OF SAID SOUTHWEST QUARTER OFSAID SECTION 2; THENCE NORTH 88 DEGREES 39' EAST 414.73 FEET ALONG SAID NORTHERN 80UNDARYTO A POINT; THENCE SOUTH 0 DEGREE 55' EAST 2862.2 FEET ALONG A UNE PAAALLELTO SAID WESTERN BOUNDARY OF SAID EAST t/2 OF THE SOUTHWEST QUARTER OF SAID 3ECTION 2 TO A POINT ON THE SOUTHERN BOUNDARY OF SAID EAST t/2 OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE WESTERLY 414.73 FEETALONG SAID SOUTHERN BOUNDARY OF SAID EAST t/2 OFTHE SOUTHWEST QUARTER OF SAID SECTION 2 TO THE REAL POINT OF BEGINNING. EXCEPT THE SOUTH 25 FEETTHEAEOF. AND EXCEPTING THAT POR710N. DEEDED TO THE ADA COUNTY HIGHWAY DISTRICT, BY DEEP, RECORDED FEBRUARY t4, 1894 AS INSTRUMENT NO: 94073826, END OF r ~:a DESCAIPTiON C ~ C EXHIBIT "B.. TO TIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND D.D. & F. The DEVELOPER shall comply with the following conditions, including, but not limited: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M, and plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; 2. Any existing domestic wells and/or septic systems within this project shall be removed from thew domestic service per City Ordinance Section 5-7-517; 3. A determination of the seasonal high groundwater elevation shall be made, and a profile of the subsurface soil conditions as prepared by a soil scientist shall be submitted with the development plans; 4. Fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies shall be coordinated and locations shall be depicted on development plans; 5. Handicap parking, associated signage and building construction shall meet the requirements ofthe Americans with Disabilities Act; 6. Signage shall meet the requirements of the Uniform Sign Code and Meridian City Ordinance and is subject to review and approval of the Plarming & Zoning Department prior to obtaining a sign permit; 7. Screened trash enclosures will be provided in accordance with City Ordinance, with dumpsters at locations to not impede firefighters' access coordinated with the City's solid waste contractor, Sanitary Services, Inc.; 8. All driveway and parking areas shall be paved, with all driveway accesses from public streets approved by the Ada County Highway District and all other driveways approved by the City; 9. A drainage plan designed by a State of Idaho licensed architect or engineer shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking.areas, with all site drainage contained and disposed of on-site; 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 9 x. l~.l~-t " 1 n a crF `l ~! ~.. 10. Flling of the site shall be completed, if needed, to meet the City's minimum design criteria for sewer line constmction; 11. Approval of this development is contingent upon the CITY's ability to accept the additional sanitary sewage generated based upon the currerrt evaluation of the treatment capacity of the Meridian Wastewater Treatment Plant; 12. The designer of the development shall coordinate water and sewer main and line sizing and routing with the Meridian public Works Department; 13. If the DEVELOPER desires the CTfY to own and maintain the sewer mains, sanitary sewer easements shall be dedicated to the CITY; 14. The DEVELOPER shall install the Prater rosins and fire hydrants and then dedicate to the CITY for ownership and maintenance, with easements dedicated to the CITY; 15. The DEVELOPER shall provide parking lot lighting plans to the Meridian Public Works Department and design r~ltunination to not cause glare or adversely impact neighboring residential properties, as determined by the CITY; 16. The DEVELOPER shall provide landscaping, with underground spriniding and a minimum of one (1) three-inc$ (3") caliper Vee per 1,500 square feet of asphalt and a minimum 35-foot landscape setback on Cherry Lane, to meet the requirements of Ordinance Section 11-2-414.D.2 and requirements ofapproved conditional use permit; 17. DEVELOPER shall construct and install a pressurized irrigation system utilizing surface irrigation water, and a~ Proposal for a supplementary crnmection from the CTTY's water system will be reviewed closely by the CITY; 18. For each phase of the development, DEVELOPER shall install six-foot-high, Permanent perimeter fencing prior to obtaining building pernits unless this requirement is specifically waived in writing by the City. 19. DEVELOPER shall incorporate special design features to ensure privacy of adjacent residential areas; 20. DEVELOPER shall provide minimum five-foot-wide sidewalk between the 12' fire lane on the east side of the project to the meandering sidewalk shown to the south. 21. DEVELOPER shall dedicate a 4.6-acre public park site at the northern end of the entire parcel prior to obtaining building permits; 22. DEVELOPER shall construct foil street section of Chateau Drive to complete the connection from Ten 1~Tile Rarad; PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREIII~N'TPag/e 0 ~ xh,~ l~ t '1" 10 0~ l l ~~~. t. 23. DEVELOPER shall construct curbs, gutters, sidewalks and streets to and within the Pr'oP~1'> 24. DEVELOPER shall pay any development; latecomer, impact or transfer fees adopted by the CITY; 25. DEVELOPER shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY, including, but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, and Fire and Life Safety Codes; 26. DEVELOPER shall meet all representationsmade by the applicant during the public hearing process; and 27. DEVELOPER shall comply with the comments, recommendations and requirements of all City departments, Ada County Highway District, Ada Planning Association, Cemral District Health Department, Nampa-Meridian. Irrigation District, and Settler's Irrigation District. PRESTIGE CARE/DEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENTPage 98 _ ~ U ,F AaA COUF{7Y ~ .:ORDER J. DAVID kAVARRO ~A~~ . e~isE, iD:~HO ~'1 FEE EP .2001JN2! PM 138 .101060901 This sheet has been added to document to accommodate recording information. -.;. . First Addendum to Development Agreement Modlfying 2 a-e on Page 2 and Addendum to Exh/blt B 6-5-01 D. D. & F. an Oregon general partnership to Dan Wood / D. W., Inc. (Devlin Place No. 2) Gxh~.l~a,~-t ~ 2- ~ ©~ I c~ ~ L . I ~f ,^ FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXHIBItT °B' The following is an addendum to that certain Development Agreement between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, and D.D.&F., an Oregon general partnership, party of the second part. DAN WOOD/D.W., INC., as assignee, has purchased property from D.D.&F., an Oregon general partnership, which property contains g.i~ acres and is described in Exhibit °A" attached hereto. DAN WOOD/D.W., INC. agrees to be bound by the terms of the original Development Agreement, except as speafically modified at 2 a-e on page 2 to reIIect the change of land uses, and specifically adding additional conditions to Exhibit "B" therein attached by this First Addendum to Development Agreement hereto. 2. That DEVELOPER, In accordance with its representations before the CITY, shall, on the land described in Exhibit "A°: i. Develop and construct a single family residential development on 517 acres of the property. 2. There is an existing Conditional Use Permit which must be revoked by City Council in conformance with Section u-iy-9 of the Meridian City Code. Council must notify the permit holder (D.D.&F.) of their intention to revoke the permit and provide D.D.&F. with the opportunity to contest the revocation. If D.D.& F. contests the revocation, a public hearing must be held. If D.D.8rF. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. g. Develop and construct single family residential development on g.1~ acres of the property. 4. Developer submitted a subdivision plat application, which is Case No. RZ-oo-o08, and which plat will need to be approved by the City and recorded in the Ada County Recorder's office prior to any development. 5. The Developer or its successor shall only construct single family FDLSTADDENDUMTO DEVEIAPMENTAGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXI3IBTf °B^ Page 1 of y ~xh~h~.t ir2,. 2 OT ~~ ~/ ~_ ~~ houses on the g.i~ acres of land, and such single family houses shall have at least one thousand four hundred (i,4oo) square feet of floor space, exclusive of garages, and there shall be no change to increase the number of lots or decrease the size of lots as shown on the approved final plat, which is incorporated herein as if set forth in full herein. ADDENDUM TO EXIiIB1T "B" DEVELOPMENTAGI2EEMENT Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: i.i The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 1.2 The existing DevelopmentAgreement, Instrument No. g8o3i45o, must be modified as a condition of rezone. Specifically, items 2 a-e, page 2, must be modified to reflect the change of land uses. 1.3 The existing Conditional Use Permit must be revoked by City Council in conformance with Sectioa a-iy-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. & F.) of their intention to revoke the permit and provide D.D. & F. with the opportunity to contest the revocation. If D.D. & F. contests the revocation, a public hearing must be held. If D.D. & F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 1.4 Anyexistingirrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project i.g Any existing domestic weIls and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. FntSi'ADDENDUMTO DEVELOPMENTAGREEMENT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO ERHIBIT "B" Page 2 of y ~xf~.h~,t "2,~ 3 0~' to ~" __~.- ~~ ~ 1..6 Provide five-foot-wide sidewalks in accordance with City Ordinance. >..7 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: i.8 Street name signs and roads shall be installed before building is started. Adopt the Recommendations ofthe Ada County Highway District as follows: ~9 Extend Gemstone Drive into the site at the east property line between Lot 9, Block i and Lot i Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot>ti3, Block i and Lot i3, Block g. i.1o Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29-foot street section as proposed, within 42-feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. i.>,i Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required. on the final plat. 1.12 Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36-foot street sections with curb, gutter, and g-foot wide concrete sidewalks within 5o-feet of right-of--way. >»13 Construct the turnaround to provide a minimum turning radius of 45-feet t.iq. Utility streets cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 38~ 6280. (with file numbers) for details. 1.1,y A request for modification, variance or waiver of any requirement FIRSfADDENDUMTO DEVELOPMENTAGRRFa~rF'ta'r MODIFYING z a-e ON PAGE a AND ADDENDUM TO EXFIIBIT "B" Page 3 of 7 ~,x,h,~.h~,t '`2" '~ of to or policy outlined herein shall bemade inwriting to-the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:0o a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:0o a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Co*r*n~¢~ion regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 1.i6 After ACHD Co*n*-+i~~on action, any request for reconsideration of the Commission's action shall be in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $uo.oo. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. Hthe Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration wiIl be heard. 1.1'7 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also lmown as Ada County Highway District Road Impact Fee Ordinance. - 1.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless speafically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 1.19 The applicant shall submit revised plans for staff approval, prior to FIRSTADDENDUM TO DEVELOPMENT AGREEMENT MODIFYIIdG 2 a-e ON PAGE 2 AND ADDENDUM TO EXFIIBIT "B" ~ page q of ~ C_IC,I~Ll,~t `~ 2- ~ ~ ~ O T I O f../~ l l~ ~~ issuance of building permit (or other regained permits), which incorporates any required design changes. 1.2o Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 1.21 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGI,INE (i-8oo-342-i58g) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-619o in the event any ACHD conduits (spare or fiIled) are compromised during any phase of construction. 1.22 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicants authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. L23 Any change by the applicant in the planned use of the property which is the subject of this application, shaIl require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Nampa & Meridian Irrigation District as foIlows: u.24 The Nampa & Meridian Irrigation District's Rutledge lateral courses along the south and west boundaries of the above- mentionedproposed project. The easement of the Rutledge lateral must be protected. 1T I3 SO AGREED. ,~ Dated and Signed this ~~~ day of ~~.ftit~ ,zoos. FIltSf ADDENDUM TO DEVELOPMENTAGREEMENT MODIFYING a a-e ON PAGE 2 AND ADDENDUM TO ERHIBIT °B" Page g of 7 ~ 1chi.lra~.t " 2 `~ ~ o f 1 ~ ~~ ATTEST: BY: BY~~~ Dan Wood, President . Attest: STATE OF IDAHO, ) ss. County of Ada ) On this 3 f any of Motu . 2ooi, before me, the undersigned, a Notary Public in and for said State, personally appeared Dan Wood and 1~ i Kee Wood lmown or proved to me, to be the President and Secretary of D.W., INC., an Idaho corporation, whose names are FIRSTADDENDUM TO DEVELOPMENTAGREEnffiVT MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXI~TT "B' Page 6 of ~ ~~cl~,~,l~t `' 2" ~? o~ to CITY OF MERIDIAN subscribed to the within instrument, and acknowledged to me that said corporation executed the same. `~~' ~ hN WITNESS WHEREOF, I have hereunto set my hand and affixed my official ~ig d~}~ and year in this certificate first above written. .... , , ' .... _~•~ _~.~c ,c ~ G~df.~sc., I~Ar~t.GG :~ '~- - .- Notary Public for Idaho ••~_ Residing at: My Commission Expires: l 0?-/-4l STATE OF IDAHO, ) ss. County of Ada ) On this ~~ day of 2ooi, before me, the undersigned, a Notary Public in and r said State, personally appeared Robert D. Currie and WiDiam G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said inatn,mwnt oa behalf of said corporation, and aclmowledged to me that said City of Meridian executed the same. IN Wl'PNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day ~d3'~~~'1¢I~i~ certificate first above written. FIRSTADDENDUMTO DEVELOPMENTAGurr.F~nrr MODIFYING z a-e ON PAGE a AND ADDENDUM 11D EXHIBIT'S' Page 7 of 7 ~ K.hi lra~t '` 2" g o-F I ~ /~~ ~~~~~, My Commission Expires: -I r"v~ "~ rte ~'r~-, \\NPA_NNl84o~'DC\SHRVEH,~Work\1K\Maidian~geridian y536oM\Devlin Plac° 2 RZOOB PPO~S\AddrndamDevAgm~~c EXHIBIT "A" A parcel of land being a portion of the Southwest 1/4 of Section 2, T.3N., R1W, B.M., Ada County, Idaho, and more particularly descnbed as follows: Commencing at a brass cap marking the Southwest corner of Section 2, T.3N, R1W., B.M., Ada County, Idaho; thence South 88°38'31" East,1,326.~5 feet along the Southerly boundary of said Section 2 to a 5/8"iron pin marking the West 1/16th corner of said Section 2; thence leaving said Southerly boundary North oo°ir24"East, 344.oi feet along the West 1/16th line and a]so being an extension of the Easterly boundary of Sunburst Subdivision No. 2 as filed in Book 6o at page 5894 of Plats, Records of Ada County, the REAL POINT OF BEGINNING; thence continuing along said ~/16th line and Easterly boundary North o0°l~'24" East, 543.00 feet to a 5/8"iron pia marking tl;e Southwest corner of Devlin Place Subdivision as filed in Book ~/ at page Soy9, Rewrds of Ada County, Idaho; _ thence leaving said 1/16th line and Easterly boundary South 89°42'36" East, 414.68 feet along the Southerly boundary of said Devlin Place Subdivision to a 5/8"iron Pin marling the Southeast corner of said subdivision, said pin also being on the Westerly boundary of Sunnybrook Farms No. 1 as filed in Book 44 at page 3609, Records of Ada County; thence leaving said Southerly boundary South oo°ir24" West, 543.00 feet along said Westerly boundary to a point; thence leaving said Westerly boundary North S9°42'36° West, 414.66 feet to the REAL POINT OF BEGINNING. FIRSTADDENDUM TO DEVELOPMENTAGREEMIIVT MODIIrYING a a-e ON PAGE 2 AND ADDENDUM 1'0 EXEIIBrf "B" Page 8 of 7 ~c.~lott `' 2'' q o-F l U r: (~ ~ . Said parcel contains g.i~ acres, more or less. FIRST ADDENDUM TO DEVELOPMENT AGRFF~rN'r MODIFYING 2 a-e ON PAGE 2 AND ADDENDUM TO EXFIIDTf •B" ~r .APv~ f~ _~:o Page 9 of 7 AOA Gf1UNiY RECORpfn 1 ~~lw? wavnrtRp p)pNEER ~~111~ 2DU2SP 30 PIi 4~ 43 `~ 1` A Ptonrm Company J PIONEER 1117..E COMPANY OF ADA CDllflTY - 8151 W. RiEeman Ave. /Boise, Idaho 83704 (206) 377-2700 WARRANTY DEED RECIORO_EU•R U Si OF FEE l~ - 0 102112882 For Value Received David E. Leader, a married person and Herb C. Huskirrson, a married person hereineRer t'eferted to as Grantor, does hereby gren4 bargain, sell, wartant and convey unto Oakwood Enterprises, LLC hereineRer referred to as Gmntre, whose curtent address is 416 E. 1 st St, Meridian, ID 83642 the following described premises, to-wit; SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. To HAVE AND TO HOLD [he said premises, with Iheu appurtenances uum the said Grantee, his heirs end assigns forever. And dre said Grantor does hereby covenant to and with the said Grantee, Drat Grantor is dre owner in fee simple of said premieas; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patin[ reservations,_restrictions, easements of rernrd, and easemeWS visible upon the premises, and that Grnntor will warrant and defend the same from all clauns whatsoever. Dafed: September 27, 2002 7~- ~ ~/_ Herb C. Hrudriaeon ~ _ ~.'-- _ J ~ ~ -~ .._.. vtd :Lea STATE OF Idaho. County of Ada, se. On thid`-G^h day of September, in the year of 2002, before me the undersigned, notary public personally appeared David E. Leader and Herb C. Huekinson known or identified m me W be the pereonlperaom whose name ia/are subscribed to the within inslrmnen[, and eclurowledged to me Orat hWeha/they execu~d the same. A~a•N'{DEN rrar'b ' n v; j p'l G ~ .u = FQ' ~ ~ ~ < ~ Desiree A. Meyden Notary Public of Idaho ~ = Z ~ ~ ~~ p = ,;r, ~y i q vs Q .+- O d O Residing at Nampa .Commission expires; March 9, 2006 ~ .,r* gTA •m ~ Exh; b:~ "3" I o~ ~.. LXIIIBIT , All that certain met property situated hs SecOon 2, Township 3 North, Range I Wesl, Boise Meridian, Ada County, ]daho, described n fo8aws: A portion of the Wesl hel(of the East half of the Southwest Quarter, being a portion of Parcel 1 of record of Survey No. 3916, Eled as Iitslmment No. 97047432, dated June 16, 1997, of Ada County Records further described es follows: Commencing at a found brass cep monument marking the Southwest wrner of Su6on 2 from which a found brass cep monument marking the quarter corner of Sections 2 and 11, bears South 88 degrees 38'3l" East, 2,653.49 feet; thence South 88 degrees 38'31" East, 1,326.75 feet to a set 5/8 inch iron pin with cap stamped "G.A. Lee, PE/LS 3260" marking the Weat 1/IG comer and Ose Soullreest comer aF Snnburst Subdivision Ne. 2 a filed in Book 60 of Plata et Pege 5894, Ada County, records; thence along Ote Weal I/1G line end East boundary line of said Sunburst Subdivision No. 2 Narlh 00 degree i 7'24" East. 45.00 feet to a set 5!8 inch iron pin will[ cap stamped "G.A. Lee, PE/LS 3260" marking the Southwest corner of Pemel I on the Nonh right of way of West Cherry Lane end the Real Point of Beginning; thence continuing along said West 1/16 line and East boundary line of Sunburst Subdivision Nc. 2, North 00 degas 17'24" East, 842.01 feet to a set 5/B itsch iron pin with cap stamped "G.A. Lee, PE/LS 3260" marking the Northwest comer of said Pamel 1; [hence South 89 degrees 42'J6" Eaef, 414.65 feet to a eat G/8 inch irmr pin with cap clamped "G.A. Lee, PE25 3260" marking the NorOseest comer of said Parcel I on the W est houndary line of Sunny Brook Farms Na. 2 as filed is Book 46 of Plats at Pega 3768, Ada County mcords; thence along the Wee[ boundary line of said Sonny Brook Farms No. 2, SouOs 00 degree 17'24" West, 149.90 feel to a found 5/8 inch iron pin with cap stamped "J-U-D" at the Southwest corner of said Sunny Brook Farms Na. 2; Osence along Use Wes[ boundary line of Sunny Bmok Fams Na.l as filed in Book 44 of Plats et Page 3609, South 00 degree 17'24" West, 699.84 feat fo a eat 518 inch hron pin with stamped "G.A. Lee, PE/LS 3260" marking [he Southeast corner of said Pazcel f on the North right of way of Wes[ Cheny Lane; thence along the North right of way of Weat Cherry Lane North 88 degrees 38'31" Wesk 414.73 feet to the Southwest corner of said Pamel I end Ore Real Paint oC Beginning. Lees and excepting Wercfrom the following deacribed.properly: Tke North 543 feet of Parcel 1 of Record of Survey No. 391 G, rewrded June 16, 1997 as Instmment No. 97047432, said Parcel 1 being a portion of the West half of the Southeast Quarter of Ilse Southwest Quarter ofSectlon 2, Township 3 Nortls, Rouge 1 West, oCthe Boise Meridian, Ade County Idaho. Also less end excepting [he following described property: All Osat certain mat property ailualed in Section 2, Township 3 North, Range I West, Baiae Meridian, Ada County, Idaho, described ee foHows: A portion of the West half of the East half of the Southwest Quarter lying South of Ose follawbsg described line: Beginning a[ the Southwest corner aFParcel ] of Record of Survey No. 3916 recorded as Instmment No. 97047432, said conser also being fhe Real Point of Heginsring of said line, thence South 88 degmes 36'38" East 414.17 feet fo the Sou[keest corner of Pamel 1, said comer being the Point of Terminus of said line. Exh;6~~ M3., ~ ~ 4~