HomeMy WebLinkAboutBear Creek AZ99-010 June2003Adm
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JUNE 2003 ADDENDUM
TO DEVELOPMENT AGREEMENT
The following is an June 2003 Addendum to that certain Development Agreement by and
between the City of Meridian, a municipal corporation of the State of Idaho, and Queenland
Acres, Inc., Owner, whose address is 670 W. Victory, Meridian, Idaho, and Bear Creek, LLC.,
Developer, whose address is PO Box 344, Meridian, Idaho 83680, and which Development
Agreement is dated the 20th day of June, 2000, and the October 2001 Addendum entered into on
the 31 st day of October, 200 I, and this Addendum entered into this day of June, 2003,
specifically is subsequent to the entering into of the original Development Agreement. This June
2003 Addendum specifically pertains to the Exhibit "A" legals.
The parties hereto agree as follows:
A. The Development Agreement dated June 20, 2000, as it pertains to Exhibit "A"
legals, is amended to read:
EXHIBIT "A"
Legal Description Of Property
A parcel of land lying in the E 2 of Section 24, Township 3 North, Range I West,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the southwest corner of the E 2 of Section 24, T. 3N., R. I W.,
B.M., the REAL POINT OF BEGINNING of this description.
Thence N 00°51'45" E 2656.10 feet along the west line of the E 2 of said Section
24, being the centerline of S. Stoddard Road, to the southwest corner of the NE
114 of said Section 24;
Thence N 00°51'53" E 1881.43 feet along the west line of the NE 114 of said
Section 24 and the centerline of S. Stoddard Road to a point;
Thence S 89°46'45" E 1706.88 feet to a point on the centerline of the Kennedy
Lateral, also being the northwest corner of Elk Run Subdivision;
Along the centerline of the Kennedy Lateral, and the westerly boundary of Elk
Run Subdivision and Elk Run Subdivision No.2;
Thence S 05°05'50" W 290.43 feet to a point;
Thence S 05°46'22" W 496.02 feet to a point;
Thence along a curve to the left 163.76 feet, said curve having a delta angle of
46°54'45", radius of200.00 feet, tangents of86.78 feet, and a long chord bearing
S 17°41'01" E 159.22 feet to a point;
Thence S 41 °08'23" E 989.03 feet to a point;
Thence S 30°37'30" E 139.10 feet to a point;
Leaving said centerline and boundary;
Thence S 32°17'30" E 117.64 feet to a point on the north line of the SE 1/4 of said
Section 24;
Thence N 89°27'07" W 1177.57 feet along the north line of the SE 1/4 of said
Section 24 to the northeast corner of the NW 1/4 of the SE 1/4 of said Section 24;
Thence S 00°45'52" W 1076.81 feet along the east line of the NW 1/4 of the SE
1/4 of said Section 24 to a point;
Thence S 85°12'02" W 266.72 feet to a point;
Thence S 05°32'58" W 422.82 feet to a point;
Thence S 00°46'44" W 232.28 feet to a point;
Thence S 20°10'06" E 113.21 feet to a point;
Thence S 29°35'11" E 132.19 feetto a point;
Thence S 00°12'00" W 190.85 feetto a point;
Thence S 08°35'44" E 203.05 feet to a point;
Thence S 04°03'12" W 266.88 feet to a point on the north right-of-way ofW.
Victory Road;
Thence S 00°38'53" W 25.00 feet to a point on the south line of the SE 1/4 of said
Section 24 and the centerline ofW. Victory Road;
Thence N 89°21'07" W 1145.51 feet along the south line of the SE 1/4 of said
Section 24 and the centerline of W. Victory Road to the REAL POINT OF
BEGINNING of this description;
Said parcel ofland contains 154.03 acres, more or less.
AND
A parcel of land located in the NE Y. of the SE Y. of Section 24, Township 3
North, Range I West of the Boise Meridian, Meridiart, Ada County, Idaho, being
more particularly described as follows:
Commencing at the northeast corner of the SE Y. (East Y. corner) of Section 24,
T.,3N., R. 1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of
said SE y.to a point on the westerly right of way of the Kuna-Meridian Highway,
the REAL POINT OF BEGINNING of this description;
Thence N 89°27'07" W 1221.56 feet along said north line to a point;
Thence S 45°39'22" W 40.10 feet to a point on the west line of the NE Y. of the
SE y.;
Thence S 00°45'52" W 156.19 feet along said west line to a point;
Thence S 89°27'12" E 1217.90 feet to a point;
Thence S 87°08'00" E 32.35 feet to a point on the westerly right of way of the
Kuna-Meridian Highway;
Thence N 00°39'02" E 185.77 feet along said right of way to the REAL POINT
OF BEGINNING of this description. This parcel contains 5.285 acres, more or
less.
AND
A parcel of land located in the NE Y. of the SE Y. of Section 24, Township 3
North, Rartge I West of the Boise Meridian, Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the northeast corner of the SE Y. (East ~ corner) of Section 24,
T.3N., R.1W., B.M., thence N 89°27'07" W 1314.86 feet along the north line of
said SE Y. to the northwest corner of the NE Y. of the SE y., the REAL POINT
OF BEGINNING of this description;
Thence S 89°27'07" E 28.30 feet along said north line of the NE Y. of the SE Y. to
a point;
Thence S 45°39'22" W 40.10 feet to a point on the west line of the NE Y. of the
SE y.;
Thence N 00°45'52" E 28.30 feet to the REAL POINT OF BEGINNING of this
description. This parcel contains 0.009 acres, more or less.
AND
A parcel ofland located in the NE Y. of the SE Y. of Section 24, Township 3
North, Range I West of the Boise Meridian, Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the northeast corner of the SE Y. (East Y. corner) of Section 24,
T.3N., R. 1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of
said SE Y. to a point on the westerly right of way of the Kuna-Meridian Highway;
Thence S 00°39'02" W 185.77 feet along said right of way to a point;
Thence N 87°08'00" W 32.35 feet to a point;
Thence N 89°27' 12" W 395.98 feet to the REAL POINT OF BEGINNING of
this description;
Thence N 89°27' 12" W 821.92 feet to a point on the west line of the NE Y. of the
SE y.;
Thence S 00°45'52" W 95.51 feet along said west line to a point;
Thence S 89°27'07" E 779.42 feet to a point;
Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this
description. This parcel contains 1.756 acres, more or less.
EXCEPT:
A parcel of land located in the NE Y. of the SE ~ of Section 24, Township 3
North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the northeast corner of the SE Y. (East Y. corner) of Section 24,
T.3N., R. I W., B.M., thence N 89°27'07" W 65.00 feet along the north line of
said SE Y. to a point on the westerly right of way of the Kuna-Meridian Highway,
the REAL POINT OF BEGINNING of this description;
Thence S 00°39'02" W 185.77 along said right of way to a point;
Thence N 87°08'00" W 32.35 feet to a point;
Thence N 89°27' 12" W 395.98 feet to a point;
Thence N 24°42'55" E 9.61 feet to a point;
Thence N 48033'22" E 243.90 feet to a point;
Thence N 85028'57" E 141.94 feet to a point on the north line of said SE \I.;
Thence S 89027'07" E 102.05 feet to the REAL POINT OF BEGINNING of this
description. This parcel contains 1.387 acres, more or less.
B. It is agreed between the "City" and "Owner" and "Developer" that the
development project of Bear Creek, LLC shall be fully incorporated into the original
development agreement with Bear Creek, LLC, Developer, and Queenland Acres, Inc., Owner,
and shall include the original conditions and the specific uses that were allowed within the
original development agreement, and shall apply to the Bear Creek, LLC project, Case No. AZ-
99-010.
C. Except as modified by the October 2001 Addendum to Development Agreement,
the original Development Agreement between the parties dated June 20, 2000, is hereby ratified
and confinned.
IT IS SO AGREED.
DATED AND SIGNED this - day of
,2003.
IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it
effective as hereinabove provided.
DEVELOPER:
BEAR CREEK, L.L.C.,
BY;
ATTEST:
BY:
~oves, Me~ber
OWNER:
QUEENLAND ACRES, INC.
By71~ ~
héron Scott, President
--.
ATTEST:
ÛMJr1~
Carol LotspeIch, See tary
CITY OF MERIDIAN
BY:
Mayor Robert D. Corrie
ATTEST:
City Clerk
STATE OF IDAHO
: ss:
County of Ada,
On this ~ day of -:J ~~ . ,2003, before me, a Notary Public, personally
appeared Greg Johnson and Craig Grove, embers of Bear Creek, L.L.C., known or identified to me to
be one of the members of the Limited Liability Company who executed the instrument and the member
who subscribed said Limited Liability Company and acknowledged to me that such Limited Liability
Company had executed the same.
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STATE OF IDAHO
: ss:
County of Ada,
On this ~ day of J IA.\ ~ ,2003, before me, a Notary Public,
personally appeared Theron Scott and Caro Lotspeich, known or identified to me to the President and
Secretary of Queenland Acres, Inc., who executed the instrwnent on behalf of said corporation and
acknowledged to me that such corporation executed the same.
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STATE OF IDAHO
: ss:
County of Ada,
On this - day of , 2003, before me, the undersigned, a Notary Public,
personally appeared Rober, 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 persons
that executed the instrument on behalf of said City, and acknowledged to me that such City executed the
same.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
Z:\ Work\M\MeridianlMeridian 15360MlBear Creek\fune 2003 Addendum to Dev Agmt 06 16 03 .doc