HomeMy WebLinkAboutValley Shepherd Nazerene Addendum AZ 00-018
ADA COUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 08114/03 12:32 PM
DEPUTY Michelle Turner
~~~i~~~Eg~REQUEST OF 111111111111111111111111111111111
AMOUNT ,00 103137111
FIRST ADDENDUM TO EXmmT "A"LEGÄLS;UI< UiE
DEVELOPMENT AGREEMENT (CASE NO. AZ-OO-O18)
The following is an addendum to that certain Development Agreement between the City
of Meridian and Valley Shepherd Church of the Nazarene, Inc., Owner/Developer, specifically to
the Exhibit "A", which is subsequent to the entering into of the original Development Agreement
dated January 19, 2001, and recorded in the Ada County Recorder's office as Instrument No.
101015259.
The parties hereto agree as follows:
A. The Development Agreement dated January 19, 2001, as it pertains to Exhibit "A"
legal description, is amended to read:
EXHIBIT "A"
Legal Description Of Property
A tract of land located in the Northeast one-quarter of the Southeast one-quarter of
Section 24, Township 3 North, Range 1 West, Boise-Meridian, Ada County,
Idaho, more particularly described as follows: '
Commencing at the Northeast corner of the Southeast one-quarter of said Section
24, thence along the easterly line of said SE one-quarter S 00°-37'-31" W a
distance of 188.40 feet to a steel pin located at the Southeast corner of that
property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in
that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of
Ada County, Idaho, said point being the POINT OF BEGINNING.
Thence along the southerly line of said Aaron tract, North 87°-08' West a distance
of 94.40 feet to a steel pin;
Thence continuing along the southerly line of said Aaron tract,
North 89°-58'-30" West a distance of 1231.55 feet, more or less,
to the Southeast corner thereof, said point being on the westerly line of the
Northeast one-quarter of the Southeast one-quarter of said Section 24;
Thence along said westerly line South 00°-29' -01" West a distance of 1142.52
feet, more or less, to the Southwest corner of the Northeast one-quarter of the
Southeast ')fie-quarter of said Section 24;
Thence along the southerly line of the Northeast one-quarter of the Southeast one-
quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet,
more or less, to the Southeast corner of the Northeast one-quarter of the Southeast
one-quarter of said Section 24;
FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT
(ORIGINAL CASE NO. AZ-OO-O18)
PAGE I of5
Thence along the easterly line of the Northeast one-quarter of the Southeast one-
quarter of said Section 24, North 00°-37' -31" East a distance of 1142.10 feet,
more or less, to the POINT OF BEGINNING.
The above described tract ofland contains 34.84 acres, more or less, subject to all
rights-of-way and easements.
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 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 48°33 '22" E 243.90 feet to a point;
Thence N 85°28'57" E 141.94 feet to a point on the north line of said SE y.;
Thence S 89°27'07" E 102.05 feet to the REAL POINT OF BEGINNING of this
description. This parcel contains 1.387 acres, more or less.
EXCEPT:
A parcel of land located in the NE Y. 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 corner of the SE Y. (East Y. corner) of Section 24, T.
3N., RI 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;
FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT
(ORIGINAL CASE NO. AZ-OO-O18)
PAGE20f5
Thence S 00039'02" W 185.77 feet along said right of way to a point;
Thence N 87°08'00" W 32.35 feet to a point;
T.
Thence N 89°27' 12" W 395.98 feet to the REAL POIN,Ø OF BEGINNING of
this description;
Thence N 89027'12" W 821.92 feet to a point on the west line of the NE Y. of the
SE v.;
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.
B. It is agreed between the "City" and "Owner" and "Developer" that the
development project of Valley Shepherd Church of the Nazarene, Inc. shall be fully incorporated
into the original development agreement with Valley Shepherd Church of the Nazarene, Inc.,
Owner/Developer, and shall include the original conditions and the specific uses that were
allowed within the original development agreement, and shall apply to the Valley Shepherd
Church of the Nazarene, Inc. project, Case No. AZ-00-018.
C. Except as modified by this First Addendum, the Development Agreement between
the parties dated January 19, 2003, is hereby ratified and confirmed.
IT IS SO AGREED.
DATED AND SIGNED this 2Jr3 day of JuL.:1-
,2003.
CITY OF MERIDIAN
ß~
7';;;' :/¡-- -';;;;;;"d. ' Cì¡. "'..¿¿ 1',,-,,'
FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT
(ORIGINAL CASE NO. AZ-OO-018)
PAGE30f5
Attest:
BY~~~¡¿
Cl Clerk
Attest:
BY:
STATE OF IDAHO, )
: ss.
BY: ~':&c~
)
On this . '1.th.. day of .k~~ , 2003, before me,
- c")kll.,(TYh Vn.¿~ ' a Notary Public, in and for the said state,
personally appeared .' ani William G. Berg, Jr., known or identified to me to be
thec<~ ano;l p)!:¡¡'. ler ,res ec iveW';ofthe City of Meridian, who executed the instrument or
the p1#::fóff1fi'ä{ esœ6 e the instrument of behalf of said City, and acknowledged to me that such
City executed the same.
"'ON.s"',
"~--:rA~1f<,;",
.~4t/~O -~'p,'/'$>-'
:f;J:"" \ ~
. . , .
. I ' .
~\ I.:
. , b._'C / .
.. ~'~_Uöl"~_~~. °.'
".11}¡õFlP~'
......-
FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT
(ORIGINAL CASE NO. AZ-OO-018)
County of Ada,
(SEAL)
8hcv~ «IrÇ'h'U1h
Notary Public for Idaho
Residing at: .4d'aldt1t~ ~da.ho
Commission Expires: -2~- 5'
PAGE40f5
STATE OF IDAHO, )
: ss.
County of Ada,
On this ,;) 3 rei,... day of J '^-Ij ,2003, before me,
(Y\ 0. r, 1 eo;;i:';~--j;lS~iÚi.&:~ a Notary Public in and for said state, personally
appeared T A '1.0L.)"""~ and
known or identified to me to be theT>" os .J..,.,... and
of Valley Shepherd Church of the Nazarene, Inc., and the persons who
executed the instrument and acknowledged to me that they having executed the same on behalf
of said Valley Shep,herd Church of the Nazarene, Inc.
""" ""'"
""" :oe.J>,. L. 11 """
.:' ",\J ..'." °<1,>."
$ .;y ..., "'. (> 'I:.
:: ..::r .' .. '=" ~
:: ~: ~oTA.Rl- \ ~
(SEALi : -- i * æ
-*. . -
; \ PllB\"\C l §
':;. ú> ". ".'0.0 ¡
--, <:'-1 .........., '¡::" ,.:'
"",..tE OF \\)",..~'
-"r",""",,"
~A.ju.- ðÍ ~
Notáry Public for Idaho
ReSidingat:~/7~.OM~ .J~)
Commission E pires: / '3'0 oC?
.
Z:I Work\M\Meridian \Meridian 153 60MW azareneChorchAZO 18IADDENDUMtoDev Agmt doc
FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT
(ORIGINAL CASE NO. AZ-00-018)
PAGE 5 of5
Mendian 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
Cenlennial 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) 1 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 / 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 C-G 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 Purchase 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 0, E,
and F to 6-0, 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