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ApplicationCity Clerk's Office  33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433  Fax 208-888-4218  www.meridiancity.org Hearing Date: Request: By: Location of Property or Project: Ryan Fitzgerald (No FP)Meridian School District Gregory Wilson (No FP) Steven Yearsley (No FP)Ada County Highway District Patrick Oliver (No FP)Ada County Development Services Rhonda McCarvel (No FP)Central District Health Tammy de Weerd, Mayor COMPASS City Council Nampa Meridian Irrig. District Sanitary Services Settlers Irrig. District Building Department/ Rick Jackson Idaho Power Co. Fire Department Qwest Police Department Intermountain Gas City Attorney Idaho Transportation Department City Public Works Ada County Ass. Land Records City Planner Downtown Projects: Parks Department Meridian Development Corp. ____ Economic Dev.Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline ____ _____ Boise Project Board of Control/Tim Page Your Concise Remarks: MDA 15-007 Attn: Jaycee Holman, City Clerk, by:July 21, 2015 File No.: July 28, 2015 Transmittal Date: the school site from the Development Agreement for Hill's Century Farm Boise-Kuna Irrigation District Meridian Post Office 5340 S. Eagle Road New York Irrigation District Brighton Corporation Public Hearing: Amendment to the Development Agreement to remove TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your July 9, 2015 comments and recommendations to Meridian City Hall Hearing Date: July 28, 2015 File No.: MDA -15-007 Project Name: Hill's Century Farm Request: Request for an amendment to the development agreement to remove the school site from the DA, by Brighton Corporation. Location: The site is located at 5340 S. Eagle Road, in Section 33, Township 3N., Range IE. f E JUL - i 2015 Pl ing Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY:, �� #" ._,• Project name: File number(s): Assigned Planner: Relatedfrles: A2--I`j-oa-° PP'i�V oi4 Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance. ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: '1y me (-rok9 T Ve-pmx--e-�`5 a L -L -C Phone: Applicant address: (Z% V ( u%• Ze90 Email: City: VJ61eit= State: Zip: C_ / l 3 Applicant's interest in property: (Own ❑ Rent ❑ Optioned ❑ Other Owner name: Owner address: City: Email: State: Phone: Zip: (e.g., architect, engineer, developer, representative): / 41CF±4-- —0- bbl4he� Firm name: 821(Sl � Ctr21'dBi?141z, dna Phone: 2-9)`/ • OS( -L— Agent address: IZ&Ot 7-490 Email: ► u.-hygtP 266-I* ir't4 w7Y7V C�t� City:State: Zip: Primary contact is: ❑ Applicant ❑ Owner XAgent/Contact Subject Property Information Location/street address: 5-3q�Q S C 'R� Township, range, section: 3 S Assessor's parcel number(s): -' l 1333ZrJS�C�`� Total acreage: • �i Zoning district: G I� Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.ineridimcity.org/olmnnrg (Rev. 06112/2014) Project/subdivision name: 41"y� General description of proposed project/request: Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): 7_J/AT ❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) WX Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC 11-1A-1): Acreage of qualified open space: _ Maximum building height: _ Average property size (s.f): _ Net density (Per UDC ll-lA-1): Percentageof qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Single-family Attached ❑ Townhouse ❑ Other Non-residential Project Summary (if applicable) k)/tAu— Number of building lots: Common lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: - Existing (if applicable): Building height: Number of compact spaces provided: 7.o�•1s Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiaocitv.om/nlannius -2- (Rev. 0 611 212 0 1 4) LVA I AM- F1 Ea T � O IPr r -to C ■ ■ o . v 3 �. v CL 3 y1 O R y ma=was N N 3 0 O C N p y � Q SU .r '1-.... O O j S O o T � O m 8 O �_Nn 3 y ma=was W 3 0 O C N p y � '1-.... O O j S O o b o y o 0 3 0 I N p y y mm mm 3 ? 0 ? y D' O N p — _--.. CD O go µ Ef 0. O BRIGHTON CORPORATION July 1, 2015 C. Caleb Hood, Planning Division Manager Community Development Services Meridian City Hall RE: Hill's Century Farm Subdivision Development Agreement Modification Application Dear Mr. Hood: The recently -approved Hill properties/Century Farm School comprehensive plan amendment, annexation/zoning, and rezone applications [CPAM-15-001, AZ -15-004, RZ-15-0071, make it necessary for Brighton Investments, LLC to modify the Hill's Century Farm Subdivision Development Agreement [Instrument No. 2015003138, recorded 01/14-2015]. This action will remove the elementary school site from the development agreement for the project as approved by the City Council on November 18, 2014. The school site will be incorporated into the DA for the West Ada school / YMCA / Meridian City Park complex depicted below. The land use designation of the 8.4 -acre school site was reclassified by the comprehensive plan map amendment to Mixed Use Neighborhood and was rezoned C -N from the original R-8. There are several references to the school site throughout the staff report and hearing documents appended to the recorded Hill's Century Farm Development Agreement, but only two in the DA itself. Only one of them—Recitals Section 1.9—may need to be addressed per the "red -lined" attachment. Specifically, the reference, "...and 1 other (elementary school) lot..., " may be deleted, if that is the City's determination. The other reference, found in Section 51 f— Conditions Governing Development of Subiect Property (page 3 of 9), pertains to the school site being "credited" as a project amenity. The school site remains a key component of Hill's Century Farm, as planned and approved, and is to be removed from the Development Agreement only because of the change of land use designation and zoning as it is integrated into the YMCA/park complex by a Property Boundary Adjustment. There may be no need to delete this section of the DA, but, once again, that will be the City's determination. Either way, we trust the school will still be credited as a project amenity. if you or your staff have questions—or require additional information—please let me know For Brighton Ijesents, LLC, Mtichael D. Wardle Director of Planning i ADA COUNTY, RECORDER Christopher D. Rich AMOUNT 28-00 7 SOISE ID -Alio 12120/2013 03:10 PM DEPUTY Nikola.Olson. SimP°®°Electronic EQTIES O IIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIMEIIIIIIU After recording, please return to: 1iF�-'oxnEn-xEQVEST oa TITLEONE BOISE 113135687 SPECIAL=WARRAN-TY ;DEED (Parcell) separate property, an,. eight and three hi undivided Interest, with an address of sole as im LINDA J. TENNYSON, as, her Tided interest, with an address of her sole and separate property, a ad thirty four one thousandths percent (§,:334%) S. Buttercup Court, Nampa, Idaho 83687, C. 1 property, a'twenty five percent (26%) undivided NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor 'hereby GRANTS, DELIVERS AND CONVEYS to Grantee all of the real property described on �Exhiliit A attached hereto together with all of Grantor's rights, title and interest in and to all:improvements thereon and all rights, privileges; and hereditaments and appurtenances related or pertaining therefor including, but not limb.0 to,any and all mineral; surface and subsurface water rights, shares and certificates related thereto (Collectively the "Property°)'. TO HAVE AND TO HOLD said'Propertywith their appurtenances unto said, Grantee and the Grantee's successors and assigns forever. The, Grantor does he to said Grantee, that the Grantor has not created or permitted to be created any lien, charge or encumbrance against the Property except current years taxes, levies, and assessments and'the �exceptlohs-4esctlbbd.in.;Eibft B: attached hereto and made.a part hereof by this reference;; and that Grantor will warmht:and defend the same forever from all lawful claims whatsoever. THIS DEED SHALL. BE BINDING upon and inure to the benefit of Grantor and Grantee end ;therr respective successors, heirs, legal representatives, and assigns: (End: of Text] SPECLAIL WARRANTYMEED'-1 ELECTRONICALLY RECORDED STAMPED FIRST PAGE NOW After recording, please return to: INCORPORATED AS PART OF' THE ORIGINAL DOCUMENT. SPECIAL WARRANTY DEED (Parcell)' THIS: SPECIAL WARRANTY DEED (this "Deed") is from LINDA J. TENNYSON, as her id separate property, a twenty five percent (25%) undivided interest, with an addressof ;ree'Way, Boise, Idaho;, 83709, BARBARA J. ROSS„ as her sole and separate property, a three hundred thirty four ess of 307 S. Buttercup and separate property, a t E. Locust Lane, Nampa,'k and CARL L. HILL, as his sole and separate property, an eight and three hundred thirty three one thousandths percent (8.333%) undivided interest, with an address of 1806 Jane Street, New Iberia, Louisiana, 70583, as tenants in common (collectively 'Grantor") to BRIGHTON INVESTMENTS, LLC; an Idaho limited liability company' ("Grantee), with an address as stated above. TO HAVE AND TO HOLD said Property with their appurtenances unto said Grantee and the Grantee's successors and assigns forever. The Grantor does hereby warrant to said Grantee, that the Grantor has not created or permitted to be created any lien, charge or encumbrance against the Property except current years taxes, levies, and assessments and the exceptions described in Exhibit B attached hereto and made a part hereof by this reference; and that Grantor will warrant and defend the same forever from all lawful claims whatsoever. THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee and their respective successors, heirs; legal representatives, and assigns, [End of Text] SPECIAL WARRANTY DEED - 1 EXECUTED TO BE EFFECTIVE AS OF THE _20�- .DAY OF A,'er*, b-4— 2013. GRANTOR: State of Idaho ) ®® ) ss. County of AG4 ) ®n this �day of12013, before me, epersonallappeareDA J. TENNS0�wnor identified to me be the erson who name is subscribed to the within instrument, and acknowledged to me that she executed the same. In witness: whereof, I and year in this certificate first i State of Idaho ) )SS. County of ) set my hand and affixed my official seal the day 110TAR� oe .Notary Public for ®®` ° Residing at - nnr�wec,nu cvanm;79.2&9B IOUB LIC ,° My Commission expires On this D -yd day of, der , 2013, before me, l &o 5',q"o e personally appearedBARBARA J. ROSS; known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. In witness whereof, 1 have and year in this certificate first abqub SPECIAL set my hand and affixed my official seal the day RESIDING: BOISE, ID COMMISSION EXPIRES: li.nlF) Notary Public fors--'���� Residing a ✓r f My c _ ission expires LINDSAY L. PRATT { State of Idaho ) ) ss. County of _ ) On this day of (� ff)he} 2013, before me, --Oltt ✓r _.c personally appeared LINDSAY L. PRATT, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. In witness whereof, I and year in this certificate 11TA, State of Idaho ) ss County of a ) set my hand and affixed my official seal the day Notary Public for ° Residing at f REBNINB:Bo1SE 10 My commission expires REa:11.2&19 On this _ Z day of 2013, before me, personally appeared C. LOUISE EVERTON, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. 1n witness whereof, i have hereunto set, my hand and affixed my official seal the day and year in this certificate first above written. LING "','ti --" e a°. Q °ass°•° °°i "j h°• y o+ �0 �U a Notary Public for REM131NO: BOISE, IU' SPECIAL WARRANTY DEED^+a3o°e°° ^(��eP' COMMISSION EXPIRES: 11'2019 Residing at My car ion expires �, FW �2 55 State of Idaho ) ) ss. County of . lr i- ) On this,_aj2t day of, 2013, before me, J�LJ P n�a-e C/ personally: appeared ANGUS F. HILL IV, known or identified to me to be the person 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 in this certificate first above written. `. �y. .......•.0y''. C• F m f a Ilk B .7. i SPECIAL WARRANTY DEED - 4 Notary Public for Residing at, v+o;soree m My commission expires CojAiAisWf4"pIRRM11•ffi19 'CARL L. HILL state of Low,s7t 64-, l , ) )ss. County of fir; o- ) On this , t�� day of W evw 4�,e t'° , 2013, before me, l�r�n L 1�': nasi �n Alk personally appeared CARL L. HILL, known or Identified to me to be 'the,person whose name is subscribedto within instrument, and acknowledged to me that he executed the same. In witness whereof, I have hereunto set myhand ;and affixed my, official.. sea[ • the day and ''year in this certificate first above written: it db a I J. 06 SPECIAL WARRANTY DEED'- 6 EXHIBIT A LEGAL DESCRIPTION South half of the Northwest quarter and the North half of the Southwest quarter, Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Save and except the following described property: A, parcel of land located in the Southwest quarter of the Northwest quarter of Section 33, Township 3 North, Range 1 East; Boise Meridian, Ada: County, Idaho, more particularly described as follows: 25. SPECIAL WARRANTY DEED- 6 marking the Section corner common to Sections 28, 29, 32, and East, Boise Meridian, also being at the centerline intersection of also East eight -of -way line of,Eagle 'Road; the Real Point of Beginning. EXHIBIT`B PERMITTED EXCEPTIONS The land described herein is located within the boundaries of Ada County (208-287-6800)and is subject to any assessments levied thereby: The land described herein' is located within the boundaries of New York Irrigation District (208-378-1023) and is subject to any assessments levied thereby. Reservations and exceptions in.a United States Patent, -and in the act authorizingthe issuance thereof, recorded November 8, 1947 in Book of Patents, at Page 493, records of Ada County, Idaho. the purpose shown below and rights incidental; thereto as set forth in a Power Line Company, a corporation' of Miscellaneous Records, at Page' 590, records of Ada County, Idaho. Right-of-way for Ten Mile Drain and the rights of access thereto for maintenance of said drain Right-of-way for Eagle' Road. Terms and provisions contained in Master Pathway Agreement by and between Nampa & Meridian Irrigation District and Ada County. 100102999, 101002090, 101002091i 101009649, and 101013585 Terms and provisions contained in an Easement Agreement by and between The Turf Company, LLC;, an Idaho limited liability company and Barbara J. Ross and Linda J. Tennyson, as Trustees; of the Angus' Hill Family Trust. Dated: July 20, 2005 Recorded: August 19, 2005 Instrument No.: 105118232 All matters, and any rights, easements; interests or claims which may exist by reason thereof, disclosed by an ALTA - ACSM Land Title Survey made by Idaho'Survey Group, P C on August 30, 2013, designated Job No. 13-109. SPECIAL WARRANTY DEED - 7 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 19.00 4 BOIMbAHO 12120/2013 D3:10 PM DEPUTY Nikola Olson SMpOR ED -RE k EST OF tg I IIIIII VIII VIII IIIIII IIIIII VIII III VIII IIIIIII III VIII IIII IIII AfteCreconling;.please return to: RECORDED -REQUEST op TITLEONE BOISE 113136688 SPECIAL WARRANTY, DEED (Parcakq THIS SPECIAL, WARRANTY DEED ("Deed") is from ACAC HILL HOUSE, LP, an Idaho limited partnership ("Grantor"), with an address of 21 Waverly Drive, Horseshoe Bend, Idaho, 83628, to BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company ("Grantee), with an address as stated above. NOW THEREFORE for good' and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, •Grantor hereby GRANTS, DELIVERS AND CONVEYS to Grantee all of the real property described on Exhibit A attached hereto together with all of :Grantor's rights, title and interest in and to all improvements thereon and all rights, privileges, and hereditaments and appurtenances. related-orrpartaining thereto, including, but not limited to any and all mineral, surface and subsurface water rights, shares and certificates related thereto (Collectively the*"Propert)"). TO HAVE AND TO HOLD said Property with, their appurtenances unto•said Grantee and the. Grantee's successors and assigns forever. The Grantor does hereby warrant to said Grantee, that the Grantor has not created or permitted to be created any lien, charge or encumbrance against the Property except -current ears taxes, levies; and assessments and the 9 PY exceptions described in` Exhibit B attached hereto and made a part hereof by this reference; and that Grantor will warrant and defend the same forever from all lawful claims whatsoever. THIS DEED SHALL BE BINDING upon and inureto`the benefit of Grantor and Grantee and^,their respective successors, heirs, legal representatives, and assigns. [End of Text] SPECIAL:WARRANTY DEED n 1 After recording, please return to: Brighton Investments, LLC' 12601 W. Explorer Drlve, Suite 200 Boise, Idaho 83713 Attn. Legal )322r)1 ?7 S7/5Z> SPECIAL WARRANTY DEED (Parcel II) ELECTRONIGALLY RECORDED STAIMPED. FIRST PAGE NOW INCORPORATED AS PART OF THE ORIGIP!AL, DOCUMENT: THIS SPECIAL WARRANTY DEED ("Deed") is from ACAC HILL HOUSE, LP, an Idaho limited partnership ('Grantor"), with an address of 21 Waverly Drive, Horseshoe Bend, Idaho, 83629, to BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company ("Grantee), with an address as stated above. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby GRANTS, DELIVERS AND 'CONVEYS to Grantee all of the real property described on Exhibit A attached hereto together with all of Grantors rights, title and interest in and to all improvements thereon and all rights, privileges, and hereditaments and appurtenances related or pertaining thereto, including, but not limited to any and all mineral, surface and subsurface water rights, shares and certificates related thereto (collectively the "Property"). TO HAVE AND TO HOLD said Property with their appurtenances unto said Grantee and the Grantee's successors and assigns forever. The Grantor does hereby warrant to said Grantee, that the Grantor has not created or permitted to be created any lien, charge or encumbrance against the Property except current years taxes, levies, and assessments and the exceptions described in Exhibit B attached hereto and made a part hereof by this reference; and that Grantor will warrant and defend the same forever from all lawful claims whatsoever. THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee and their respective successors, heirs, legal representatives, and assigns. (End of Text] SPECIAL WARRANTY DEED -1 EXECUTED TO BE EFFECTIVE AS OF THE O' DAY OF,_ LLCO--,,3 dr , 2013. GRANTOR: ACAC HILL HOUSE, LP, an Idaho limited partnership By: Angus Hill Investments, Inc., an Idaho.9orporation, General ftrtner BaPa J. Ross, VisideNt V STATE OF IDAHO ) ) ss COUNTY OF -jd2 ) On this ?Q' day of acam L 2013, before me, a Notary Public in and for said State, personally appeared BARBARA J. ROSS known or identified to me to be the President of ANGUS HILL INVESTMENTS, INC., an Idaho corporation, the General Partner of ACAC HILL HOUSE, LP, an Idaho limited partnership, and the person who subscribed said corporation's name to the foregoing instrument, and acknowledged to me that she executed the within instrument on behalf of said corporation, and that such corporation executed the same in said limited partnership's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SPECIAL WARRANTY DEED e 2 Notary Public for Residing at—"�RtX7Nr10ca0� ID My commission expires ExnnEs1i.aass EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southwest quarter of the Northwest quarter of Section 33, Township 3 North, Range 1 East; Boise Meridian, AdeCounty, Idaho, more particularly described as follows: Beginning at a' 518 inch iron pin marking the Section corner common to Sections 28, 29, 32, and 33, Township 3 North, Range 1 East, Boise Meridian, also being at thecenterline intersection of South thence South ! SPECIAL WARRANT DEED - 3 -at to an iron pin; thence Beginning. ne of Eagle Road; AFFIDAVIT OF LEGAL INTEREST STATE, OF IDAHO COUNTY OF ADA W' tu2kp�buL.l ; w-Zgo �L (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: I. That I am the record owner of the property described on the attached, and I grant my permission to: D2 '# Z¢ e (name) P�LcY (address) '17� A537( a to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees hamiless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this ay of _ 20 (SignA ) UBED AND SWORN to before me the day and year bove written. F;F:BE(CA A. HAHKS / (No�ry P is for Idaho) I�GIAF-1Y'�`R�`IC Residing at:(��GGyt/ STAF- QoF 9Ci,4HO My Commission Expires: Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.ora/planning pec Page l of I Neighborhood Meeting Sign -in Sheet Hill's Century Farm DA Modification June 30, 2015 — 6:30 PM NAME (printed) ADDRESS TELEPHONE M( (Zr DCe f�V6- rt-F'f� IM4TIE::V U kt-ti Z �1 - �p-7z6�'LrS !ti -t 7 &AJ -C - &_49�;�7_ 6-M L7 / !`� BRIGHTON CORPORATION Neighborhood Meeting Notice June 25, 2015 Subject: Hill's Century Farm Development Agreement Modification The West Ada School District elementary school site, approved as part of the Hill's Century Farm Subdivision, is being rezoned and incorporated into the school / YMCA / City park complex depicted below. As a result, it is necessary to modify the Hill's Century Farm Development Agreement to remove that site and use as a component of that project. A meeting has been scheduled to provide the opportunity for you to review this proposal. Date Tuesday, June 30, 2015 Time 6:30 p.m. Location Marti Hill's Shop at 3625 E. Amity Road — (see back of this page) If you have questions prior to the meeting, please contact Mike Wardle, Brighton Corporation's Director of Planning, at 287-0512 Brighton Corporation 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 E L- 0 0 U) CD U) U) c 0 L J CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Date: City Staff: ' Location: Size of Property: Comprehensive Plan FLUM Designation: Design Guidelines Development Context: ❑ Urban ❑ Urban/Suburban ❑ Suburban ❑ Rural Existing Use: Existing Zoning: Proposed Use: Proposed Zoning: Surrounding Uses: Street Buffer(s) and/or Land Use Buffer(s): Open Space/Amenities/Pathways: Access/Stub Streets/Street System: Sewer & Water Service: Waterways/ Floodplain/Topography/Hazards: History: ArHifinnnl Haafinn Alnfar Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD poor to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- `6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance Development Agreement Modification 9 ❑ Short Plat ❑ Annexation Final Plat ❑ Time Extension - Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment- Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment -Text ❑ Preliminary Plat ❑ Variance ❑ Conditional Use Permit ❑ Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. n _ Applicant/agent signature Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue,. Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning Community Development Parcel Verification Date: 4/28/15 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Parcel Number: T/R/5: Acres: Century Farm School 51133325500 3N 1E 33 133.63 Property Owner: Brighton Investments LLC 12601 W. Explorer Dr. #200 Boise, ID 83713 Address Verification Rev: 04/23/12 ADA COUNTY RECORDER Christopher D. Rich 2015-003138 BOISE IDAHO Pgs=13 BONNIE 01/14/201511:06 AM MERIDIAN CITY NO FEE 1111111 ����� 00056963201600031380130136 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, Brighton Investments, LLC, Owner/Developer 3. B & L Idaho 2, LLC, Owner THIS DEVELOPMENT A MENT (this Agreement), is made and entered into this day of J DEVELOPMENT and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER and B & L Idaho 2, LLC, whose address is PO Box 8126, Boise, Idaho 83707, hereafter called OWNER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer and Owner are the sole owners, in law and/or equity, of certain tract of land inthe 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, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the owner/Developer and Owner make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code which authorizes development agreements upon the annexationeand/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer and Owner has submitted an application for annexation and zoning of 223.73 acres of land with an R-8 (Medium density Residential) zoning district. Owner/Develo4yij orequested approval of a preliminary plat consisting of 675 building lotsK 7 common area lots, gmeiil-� on 221.8 acres for Hill's Century Farm Subdivision, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—HILL'S CENTURY FARM SUBDIVISION—AZ 14-012 PAGE/ OF 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 25th day of November, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B'; and 1.8 WHEREAS, the Findings require the Owner/Developer and Owner to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer and Owner deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into vohmtarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer and Owner to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERIDEVELOPER: means and refers to Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Boise, Idaho 83713, the party that owns and is developing said Property and shall include any subsequent owner/developer(s) of the Property. DFvELOPMENr AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE2 OF 3.3 OWNER: means and refers to B & L Idaho 2, LLC whose address is PO Box 8126, Boise, Idaho 83707, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be zoned Medium Density Residential District (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct lot access to S. Eagle Road and E. Lake Hazel Road, arterial streets, and E. Taconic Drive, E. Highlander Drive, and S. Newbridge Avenue, internal collector streets, is prohibited in accord with UDC 11-3A-3. b. A temporary access shall be provided via Eagle Road near the northwest corner of the site until two (2) points of permanent ingress/egress are constructed that meet the Fire Department's standards. Provide a pedestrian bridge over the Ten Mile Creek as proposed for access to the regional pathway by residents on the east side of the creek. c. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations attached to the Findings of Fact and Conclusions of Law (Exhibit `B"). d. The rear or sides of homes on lots that face S. Eagle Road and E. Lake Hazel Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. A 10 -foot wide multi -use pathway is required to be constructed along the west side of the Ten Mile Creek in accord with the Pathways Master Plan and should extend west to the S. Eagle Road/E. Taconic Street intersection. f A minimum of 10 site amenities shall be provided within the development and should be comparable to the following: a community center, tot lot playgrounds, exercise stations, passive gathering space seating, micro -paths, and a regional pathway. The provision of the school lot whether donated or sold DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 3OF9 is allowed to count toward one amenity. Specific amenities shall be determined with submittal of each final plat application. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and DEVELOPMENT AGREEMENT— HILL'S CENTURY FARM SunDIvIsION—AZ 14-012 PAGE 4 of 9 defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning ofthe Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Cleric City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNEWDEVELOPER: Brighton Investments, LLC 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER; B & L Idaho 2, LLC P. 0. Box 8126 Boise, Idaho 83707 DEVELOPMENTAGREEMENT-11ILL's CENTURY FARM SUBDIVISION—AZ 14-012 PAGE5oF9 14.1 A party 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. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. 1 TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer, Owner and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer, Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT- HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 6 OF 9 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22.. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Brighton Investments, LLC By: CITY OF MERIDIAN de eerd DEVELOPMENT AGREEMENT—HILL'S CENTURY FARM SUBDMsIoN—AZ 14-012 PAGE or 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution ofthe Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executedthis agreement and made it effective as hereinabove provided. OWNER B & L Idaho 2, LLC By: w CITY MERIDIAN am Jaycee L. Holmb%'City Clerk Mayor Tammy de STATE OF IDAHO ) ss: County of Ada, ) On this !mss day of [>arCCCM&r 2014, before me, the undersigned, allotary Public in and for said State, personally appeed VlT'w d IN• rtiviw known or identified to me to be the dA N of Brighton Investments, LLC, and acknowledged to me that he executed the sam6on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. n (SEAL) AMANDA McCURRY NOTARY PUBLIC STATE OF IDAHO STATE OF IDO ) SS: County of Ada, On this _ day of for said State, personally appeare be the of the same on behalf of said Limited Notvy Public fo o Residing at: 1 My Commission Expires: 2014, before me, the undersigned, a Notary Public in and , known or identified to me to L Idaho 2, LLC, and acknowledged to me that he executed Rity Company. IN WITNESS WHEREOF, I have her mo, set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public fd Residing at: _ My Commission DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 8OF9 STATE OF IDAHO ) ss: County of Ada, On this _ day for said State, personally be the ox i executed the same on behalf of said 2014, before me, the undersigned, a Notary Public in and known or identified to me to on Investments, LLC, and acknowledged to me that he Liability Company. IN WITNESS WHEREOF, I have he to set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss: County of Ada, ) Notary Public Residing at: _ My Commissi On this 4e -Aday of i be t� 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared i I � i Q m T of U �d t known or identified to me to be the K of B & L Idaho 2, LLC, and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,---7'9, (SEAL) SEAN ••pVBII t •%� •••......•.. PCO OF 100% ,81111111,`` ,, Residingat: Mz;YiGWN/! My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On the j� day of _, 2,OK, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee . Holman, know or identified to me to be the Mayor and Clerk, respectively; of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at:l� I Commission exptres:+� DEVELOPMENT AGREEMENT- HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE90F9 June 18, 2014 project No,: 24-031 EXHIBIT A 9233WESFSYATESTREET I BOISE,IOB3714 l 208.639.6939 1 FAX208.639.6930 LEGAL DESCRIPTION FOR PARCEL ANNEXATION AND REZONE A parcel of land being the West 1/2 of Section 33 and Ore West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 3% Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly d4scrlbad as follows: Commendng at a found aluminum cap marking the Northwest comer of said Section 33, which bears 1489'15'22'W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner or said Section 33; Thence following the westerly boundary of the Northwest 114 of the Northwest 1/4, S00'13'13"W a distance of 1,338.75 feet to a found 314 -inch rebar marking the Northwest corner of the South half 01 tilt Northwest 1/4 and being the POINT OF BEGINNING. Thence following the northerly line of said South 1/2 of the Northwest 1/4 of said Section 33, S89'27'52'E a distance of 2658.25 feet to a found 5/8Inch rebar marking the Northeast corner of sold South 1/2 of the Northwest 1/4 Of SOW Section 33; Thence koving sold northeriy One and following the, easterly line of sold South 1/2 of the Northwest 1/4, 500.13'090W a distance of 1,329M feet to a SIS -Inch ribs marking the Center ofsaid Section 33; Thema leaving said easterly line and following the northerly line of The Southeast 114 of said Section 33, SB9'4(123'E a distance of 663.92 feel to a found 5/8 -Inch ribs narking the Northeast tomer of the West 1/2 of the Northwest 114 of the Southeast 114 and being the Northwest comer of Rockhampton Subdlvhion No. 10, records of Ada County, Idaho In Book 87 at Pages 10,003-20,004; Thence leaving said northarty line and following the easterly line of said West 1/2 of the Northwest 1/4 of the SoutheaSl 1/4 of Said Section 33, 5t10'20'31'W a distance of 1,$26.64 feet to a point on the Westerly line of Rockhampton Subdivision No. 1$, records of Ada County, Idaho in Cook 92 at Pages 10,94910,950, and being the southeast corner of said West 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Section 33; Thence leaving said as5teriy One and said westerty line, and following the southerly line of said West 112 of the Northwest 1/4 of the Southeast 114, N89153'160W a distance of 66339 feet to a found 5/9 -Inch rebar marling the Northeast comer of the South 1/2 of the Southwest 114; Thence leaving said southerly lime a nd following the easterly line of said South 1/2 of the Southwest 1/4, S00.19'09'W a d Wane of 1,329.12 feet to a found aluminum cap marking the South 1/4 of said Section 33; Thence leaving said easterly line and following the southerly line of the Southwest 1/4 of Section 33, S89'S6'25'W a distance of 98192 feet to a point on the approximate cenlertka of Ten Mile Geek; Thence leaving said southerly line and following said approxIl coreedine the following three (3) courses: N1VS4'S3'W a distance of 389.70 feet to a point; N44'S9'2rW a distance of 744.00 fast 10 a point; NOB144123'W a distance of 431.53 feel to a point on the southerly line of the North 1/2 of the $oulhweA 1/4 of said Swim 33; Thence leaving said apprOAmate tenterline and following sold southerly Iine, Ng9'51'SVW a distance of 992A3 feet to a found 5/8 -Inch rebar marking the Southwest come rof said North 1/2 of the Southwest 1/4 of said Section 33; ENGINEERS, I SURVEYORS I PLANNERS www.kmen$iip.cam Hill's Century Fann — AZ 14-012 EXHIBIT A "ewe leaving sold oppro>amata centerline and following sold southerlyGne, NM1'ssrW a distance of 9WA3 feet to a found 5/&Inrh reharmarking the Southwest comerof said North 1/2 of the SOuth"sl2/4 of sold Section 33; Thence leaving said southe yllne and following the westerly lint of said North 2/2 of the southwest 1/4, NWlY37°E a dittaneeal1,338.07 feet to a found 314 -Inch rebar marling the West 3/4 wmerof saldSecdon 33; lhence leaving said westerly line and folowing the westarty line of said South 112 of the Northwest 114, NDO'V IrE a distance of 1,338.75 feel to the POINT OF BEGINNING. Said parcel contains 223,733 acres, more or fess, BM Is sub)W to all exlsthrg easements and/or right of -way of wordarimpliod. &qo. Zofi Hill's Century Farm — AZ 14-012 April 29, 2015 Project No.: 14.031 &(C 4TtIm c c4,qa,- �, j tr--- 9233 WEST STATE STREET I BOISE, ID 83714 ( 208.639.6939 ( FAX 208.639.6930 EXHIBIT A LEGAL DESCRIPTION FOR REZONE TO C -N A parcel a parcel of land situated in a portion of the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at an aluminum cap monument marking the north 1/4 corner of said Section 33, thence following the easterly line of the Northwest 1/4 of said Section 33, S00°19'09"W a distance of 1,329.06 feet to a found 5/8 -inch rebar marking the northeast corner of said Southeast 1/4 of the Northwest 1/4 (C -N 1/16 corner) and being the POINT OF BEGINNING. Thence following said easterly line, S00°19'09"W a distance of 141.58 feet to a point which bears N00°19'09"E a distance of 1,187.48 feet from a found 5/8 -inch rebar marking the Center of said Section 33; Thence leaving said easterly line, S40018'58"W a distance of 89.45 feet to a point; Thence 254.21 feet along the arc of a circular curve to the right, said curve having a radius of 331.50 feet, a delta angle of 43'56'14", a chord bearing of S62°17'04"W and a chord distance of 248.03 feet to a point; Thence S84°15'11"W a distance of 120.50 feet to a point; Thence 340.80 feet along the arc of a circular curve to the left, said curve having a radius of 618.50 feet, a delta angle of 31"34'16", a chord bearing of S68°28'03"W and a chord distance of 336.51 feet to a point; Thence N37°19'04"W a distance of 63.00 feet to a point; Thence N33°25'00"W a distance of 20.05 feet to a point; Thence N54°48'00"W a distance of 101.79 feet to a point; Thence N70°23'47"W a distance of 85.44 feet to a point; Thence N83°29'14"W a distance of 71.86 feet to a point, Thence N89°27'54"W a distance of 98.19 feet to a point; Thence N00°32'06"E a distance of 307.67 feet to a point on the northerly line of said Southeast 1/4 of the Northwest 1/4; Thence following said northerly line, S89°27'52"E a distance of 1,090.81 feet to the POINT OF BEGINNING. Said parcel contains 8.391 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereon. 12459 ENGINEERS I SURVEYORS I PLANNERSrdy�$ ybI www. kmengi 1p.com f S L( R \14 031\CAD\SURVEY\E%H I B IT5\14031 C -N ZONE FUTURE SCHOOL. SIT F DWG , AARON BALLARD, 4/29/2015, SAVI N C0020 PQ 5C IB&WLPC3, 08.5%1l L O n NOO'32'06"E 307.67' N C zmOOCm o j'." p NJCn nNoWW o m ? WD p wm"OOcq N �pm v o G D m....Io c- _Ulz z w m w �00 O�W N J z m O O N O (n zz 1D IN cZj o 0 m If o tW wo O I 0 z It bo I� G I rn I Q 0 I Zz \o o Q N r m I cmi° mm zo Im z Z n n mm �` ( zm mam D c z_ n z Om _ FDz co Cn w�6i (O0 FzIT Z m zz �m z AK '< y 0 D w�om V � L4 MZ j 2 m N a 1187.48' 141.58' 1329.06' 5 0'19'09"W 2658.12' BASIS OF BEARINGS M ° " EXHIBIT B -REZONE TO C -N m m _a BRIGHTON INVESTMENTS, LLC _og O coy o T w A A PORTION OF THE SE 1/4 NW 1/4 "F� SECTION 33, T.3N., R.1E., B.M., ADA COUNTY, ID Title: Date: 0428-2015 I Scale: I inch =150 feet I File: I Tract 1: 8.391 Acres: 365514 Sq Feet: Closure = n03.2909w 0.00 Feet: Precision =1/943781: Perimeter = 2785 Feet 001—s00.1909w 141.58 006=n37.1904w 63.00 011=n89.2754w 98.19 002=s40.1858w 89.45 007—zu332500w 20.05 01.2�00.3206e 307.67 CO:Rr R 331.30,De1m-033614 Bn8a631]04w, Chd 648.03 008�54.4800w 101.79 013=s89.2752e 1090.81 004 s84 1511w 120.50 009-70.2347w 85.44 005_ Lp Ra61630 Della rN 9A1- NAA ,IA 51 —.-I1-313416 010832g14w 71.86