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HomeMy WebLinkAboutBear Creek Oct 2003 Adm DA October 10, 2003 MERIDIAN CITY COUNCIL MEETING October 14, 2003 ITEM NO. 3-( APPLICANT REQUEST October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No.6 (fka I approved as Kodiak Development): AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUiLDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: {v/ift . 24°5 f)¿l¡ ~¡, {TJ CITY SEWER DEPT: CITY PARKS DEPT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of2 Sharon Smith ê{~ 10-14-03 From: Marlene SI. George [ms@WHITEPETERSON.com] Sent: Tuesday, October 14, 20031:21 PM To: 'Will Berg'; 'Sharon Smith'; 'Tara Green'; 'Jessica Johnson' Cc: Bill Nichols . Subject: FW: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt J knl l1J, 3-1 As of today, I have heard nothing back from Bruce nor from P & Z on the above documents. I just wanted to keep you posted as to the status of this matter. Thank you, Marlene St. George Legal Æ~sistant to Wm. F. Nichols White Peterson 5ìOO East Franklin Road, Suite 200 Nampa, Idaho 8368ì-8402 208-466-92ì2 Ext. 111 ms(jf)white peterson. com RECEIVE,D OCT 1 ~ 2003 City Of Mericlian City Clerk Office' Confidentiality Notice: This email message may contain confidential and privileged infonnation exempt from disclosure under applicable law. If you have received this message by mistake. please notifY us immediately by replying to this message or telephoning us, and do not review, disclose. copy. or distribute this message. Thank you -----Original Message--m From: Marlene St. George Sent: Wednesday, October 08, 2003 4:33 PM To: 'freckleb@meridiancity.org' Cc: Bill Nichols Subject: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt Bruce, attached you will find the revised Annexation and Zoning Ordinance, Summary AZ Ordinance, summary cover letter, and an October 2003 Addendum to Development Agreement Dated August 5, 22003. If you would please review over all the documents, and the P & Z Department, we will then have covered all bases to make sure this matter has been taken care of in full. Upon approval of yourself and the P & Z Department, I will then proceed to send the documents on to the Clerk's office. In the meantime, I will wait to hear back from you. Thanks Bruce. Thank you, Marlene St. George Legal Assistant to Wm. F. Nichols White Peterson 5ìOO East Franklin Road, Suite 200 Nampa, 1daho 8368ì-8402 208-466-92ì2 Ext. 111 ms(jf)whitepeterson. com 10/14/2003 Page 2 of2 Confidentiality Notice: This email message may contain confidential and privileged infonnation exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message. Thank you 10/14/2003 OCTOBER 2003 ADDENDUM TO DEVELOPMENT AGREEMENT DATED AUGUST 5, 2003 The following is an October 2003 Addendum to that certain Development Agreement by and between the City of Meridian, a municipal corporation of the State of Idaho, and Bear Creek, L1.C., whose address is PO Box 344, Meridian, Idaho 83680, and which Development Agreement is dated the 5th day of August, 2003, and this Addendum entered into this day of October, 2003, specifically is subsequent to the entering into of the original Development Agreement, and recorded in the Ada County Recorder's office as Instrument No. 103137113. This October 2003 Addendum specifically pertains to the Exhibit "A" Legal Description Of Property. The parties hereto agree as follows: A. The Development Agreement dated August 5, 2003, as it pertains to Exhibit "A" Legal Description Of Property, is amended to read: EXHIBIT "A" Leeal Description Of Property A parcel ofland located in the NE \4 of the SE \4 of Section 24 T.3N., R.IW. and the NW \4 of the SW \4 of Section 19, T.3N., R.lE., B.M., Ada County, Idàho more particularly described as follows: BEGINNING at the \4 comer common to said Sections 19 and 24 ITom which the SE comer of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02°00'09" West, 191.70 feet; thence North 89°04'23" West, 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01" West, 1217.23 feet to a point on the West boundary line of the NE \4 of the SE \4 of said Section 24; thence along said West boundary line North 01 °01 '59" East, 159.90 feet; thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; October 2003 Addendum to Development Agreement Dated August 5,2003 (Bear Creek-AZ-99-010) PAGE I OF3 thence along said East-West centerline South 89010'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. B. Except as modified by this Addendum, the Development Agreement between the parties dated August 5, 2003, is hereby ratified and confIrmed. IT IS SO AGREED. DATED AND SIGNED this - day of ,2003. ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. DEVELOPER: BEAR CREEK, L.L.C., BY: Greg Johnson, Member CITY OF MERIDIAN BY: Mayor Robert D. Corrie ATTEST: City Clerk October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek-AZ-99-01O) PAGE 2 OF 3 STATE OF IDAHO, : ss: County of Ada, On this - day of October, 2003, before me, a Notary Public, personally appeared Greg Johnson, member of Bear Creek, 1.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. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO,) : ss: County of Ada, On this - day of , 2003, before me, the undersigned, a Notary Public, 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 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:IWorklMlMeridianlMeridian 15360MIBearCreeklOcrobeL!OO3 ADDEND to Dev Agmt Aug 5 03.doc October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek - AZ-99-010) PAGE 3 OF 3