HomeMy WebLinkAboutBear Creek June 2003 Adm DA
ADA COUNTY RECORDER J. DAVIO NAVARRO
BOISE IDAHO 08114/03 12:32 PM
DEPUTY Michelle Turner
RECORDEO-REQUEST OF
Meridian City
~AMOUNT .00
JUNE 2003 ADDENDUM
TO DEVELOPMENT AGREEMENT
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103137112
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 ofIdaho, and Queenland
Acres, Inc., Owner, whose address is 670 W. Victory, Meridian, Idaho, and Bear Creek, L.L.C.,
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 3151 day of October, 2001, and this Addendum entered into this 2nd day of July, 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 ofland 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 comer of the E 2 of Section 24, T. 3N., R. IW.,
B.M., the REAL POINT OF BEGINNING of this description.
Thence N 00051'45" 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 comer ofthe NE
1/4 of said Section 24;
Thence N 00051 '53" E 1881.43 feet along the west line of the NE 1/4 of said
Section 24 and the centerline of S. Stoddard Road to a point;
Thence S 89046'45" E 1706.88 feet to a point on the centerline ofthe Kennedy
Lateral, also being the northwest comer 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 05005'50" W 290.43 feet to a point;
Thence S 05046'22" 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 of 200.00 feet, tangents of 86.78 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 feetto 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 comer 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 feet to a point;
Thence S 00°12'00" W 190.85 feet to 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 ofland located in the NE V. of the SE \4 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 comer of the SE V. (East V. comer) of Section 24,
T.,3N., R. 1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of
said SE '1.:0 a point on the westerly right of way of the Kuna-Meridian Highway,
the REAL POINT OF BEGINNING of this description;
Thence N 89027'07" W 1221.56 feet along said north line to a point;
Thence S 45039'22" W 40.10 feet to a point on the west line of the NE V. of the
SE \4;
Thence S 00045'52" W 156.19 feet along said west line to a point;
Thence S 89027'12" E 1217.90 feet to a point;
Thence S 87008'00" E 32.35 feet to a point on the westerly right of way of the
Kuna-Meridian Highway;
Thence N 00039'02" 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 V. of the SE V. of Section 24, Township 3
North, Range I West ofthe Boise Meridian, Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the northeast corner of the SE V. (East V. comer) of Section 24,
T.3N., R.IW., B.M., thence N 89027'07" W 1314.86 feet along the north line of
said SE V. to the northwest comer of the NE V. of the SE V. , the REAL POINT
OF BEGINNING of this description;
Thence S 89027'07" E 28.30 feet along said north line of the NE V. of the SE V. to
a point;
Thence S 45039'22" W 40.10 feet to a point on the west line of the NE V. of the
SE \4;
Thence N 00045'52" E 28.30 feet to the REAL POINT OF BEGINNING ofthis
description. This parcel contains 0.009 acres, more or less.
AND
A parcel ofland located in the NE V. of the SE Y. 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 comer of the SE V. (East V. comer) of Section 24,
T.3N., R. 1 W., B.M., thence N 89027'07" 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 00039'02" W 185.77 feet along said right of way to a point;
Thence N 87008'00" W 32.35 feet to a point;
Thence N 89027' 12" W 395.98 feet to the REAL POINT OF BEGINNING of
this description;
Thence N 89027' 12" W 821.92 feet to a point on the west line of the NE V. of the
SE y.;
Thence S 00045'52" W 95.51 feet along said west line to a point;
Thence S 89027'07" E 779.42 feet to a point;
Thence N 24042'55" 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 V. of the SE Y. 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 comer of the SE Y. (East V. comer) of Section 24,
T.3N., R. 1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of
said SE V. to a point on the westerly right of way of the Kuna-Meridian Highway,
the REAL POINT OF BEGINNING of this description;
Thence S 00039'02" W 185.77 along said right of way to a point;
Thence N 87008'00" W 32.35 feet to a point;
Thence N 89°27'12" W 395.98 feet to a point;
Thence N 24042'55" 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 feetto 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 agreeè 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 confirmed.
IT IS SO AGREED.
DATED AND SIGNED this 21'~ day of
Jtdt
,2003.
IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it
effective as hereinabove provided.
DEVELOPER:
BEAR CREEK, L.L.c.,
ATTEST:
BY:
~oves, M~ber
OWNER:
QUEENLAND ACRES, INC.
B;=-= ¿ ~I
léron Scott, President
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ATTEST:
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CITY OF MERIDIAN
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City Clerk
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County of Ada, '1IIIIIIIOUNT'l . III"""
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On this ~ day of ~~ ,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 Limite,: Liability Company and acknowledged to me that such Limited Liability
Company had executed the same.
BY:
ATTEST:
STATE OF IDAHO
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STATE OF IDAHO
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County of Ada,
On this ~ day of "3' vJ ~. ,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 instrument on behalf of said corporation and
acknowledged to me that such corporation executed the same.
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STATE OF IDAHO
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County of Ada,
On this r¡-fh day of ¡¡'(,{~u..ti , 2003, before me, the undersigned, a Notary Public,
personally appeared ~ß!19 William G. Berg, Jr., known or identified to me to be the
A:J", r--~a,nd CityClerk,l~v~y:õ(t1i'e City of Meridian, who executed the instrument or the persons
v'JCoIM'1C,<l Pfht/i:~uted the instrument on behalf of said City, and acknowledged to me that such City executed the
same.
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Residing at: Ada (4¡U1t~".ßdo..kP
Commission expires: -28 - 5
Z:\Work\M\Meridian\Meridian 15360MIBear CreekIJone 2003 Addendwn 10 Dev Agmt 0616 03.doc
Meridian City Council Meeting
August 5,2003
Page 3 of 56
N.
o.
P.
Q.
H.
Findings of Fact and Conclusions of Law for Approval: PP 03-
008 Request for Preliminary Plat approval of 89 building lots and 7
other lots on 34.52 acres in a proposed R-8 zone for proposed
Birchstone Creek Subdivision by Centennial Development, LLC
- northwest corner of West Ustick Road and North Black Cat Road:
I.
Findings of Fact and Conclusions of Law for Approval: VAR
03-013 Request for a Variance to Meridian City Code 12-4-5
requiring blocks to be not less than 400 feet and not more than
1,000 feet in length for Birchstone Creek Subdivision by
Centennial Development, LLC - northwest corner of West Ustick
Road and North Black Cat Road:
J.
May 2003 Addendum to Development Agreement: (Touchmark
Living Centers AZ 99-0021) I CUP 03-005 Request for a
Conditional Use Permit for a Planned Unit Development for
Meadow Lake Villaqe by Hummel Architects, P.A. - east of South
Eagle Road on East Franklin Road:
K.
Development Agreement: AZ 00-026 Request for annexation
and zoning of 5.4 acres from Ada County RT zone to R-8 for a
proposed Planned Development for proposed Bear Creek
Subdivision No.6 (fka I approved as Kodiak Development) by
Bear Creek LLC - west of Meridian Road one-half mile south of
Overland Road:
L.
First Addendum to Exhibit "A" Legals of the Development
Agreement: AZ 00-018 Valley Shepherd Church of the
Nazarene:
M.
June 2003 Addendum to Development Agreement: AZ 99-010
Queenland Acres, Inc. and Bear Creek, LLC:
Development Agreement: AZ 03-006 Request for annexation
and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40,
L-O, and CoG zones for proposed Paramount Subdivision by
Paramount, LLC - west of North Meridian Road and north of West
McMillan Road:
Sewer and Water Main Easement for Lochsa Falls Subdivision:
Sewer Main Easement for Havasu Creek Subdivision No.2:
Sewer Main Easement for Havasu Creek Subdivision No.3:
Meridian City Council Meeting
August 5. 2003
Page 4 of 56
R.
Water Main Easement for Creekside Arbour Phase 3:
S.
Approve Pur.chase of Lot in Castlebrook Subdivision No.1 for
Black Cat Lift Station:
T.
Streetlight Agreement for Cedar Springs Subdivision No.2:
u.
Change Order No.1 for Well No. 24 Pumping Facilities -
Irminger Construction:
v.
Approve Bills:
De Weerd: Item Number 3, Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, with the exception of moving Items D, E,
and F to 6-D, 6-E and 6-F on the regular agenda.
Nary: Second.
Bird: And for the Mayor to sign and the Clerk to attest on all proper papers.
Nary: Second.
De Weerd: Okay. There is a motion to approve the Consent Agenda, Mayor to sign
and Clerk attest all appropriate papers. All those in favor say aye. Oh, I'm sorry. Mr.
Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES.
Item 4.
Department Reports:
A.
Public Works Department:
1. Discussion of Silverstone Corporate Center Well Site,
Well No. 23 - Brad Watson:
De Weerd: Okay. Item 4. Department reports. Public Works. Brad.
Watson: Thank you, Madam President, Council Members. I trust you have a copy of
the memo that I wrote to you last week. There is really no new information. As I stated
in that memo, it was my understanding from the April 22nd Pre-Council Meeting that you