Termination and Release of Development Agreement Cedar Springs RZ 04-014ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 12/06/12 12:05 PM
DEPUTY Vicky Bailey
RECORDED—REQUEST OF III IIIIIII'II�IIIIIII��II'II'll'
Meridian City 112128565
When recorded, please return to:
City Clerk
CITY OF MERIDIAN
33 E. Broadway
Meridian, Idaho 83642
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT
This Termination and Release of Development Agreement ("Termination") made by the City of
Meridian, an Idaho municipal corporation ("City") for the benefit of Settlers Park, LLC, an Idaho
limited liability company, and successors and assigns ("Owner").
WHEREAS, City entered into that certain Development Agreement with Owner's predecessor -
in -title dated May 6, 2002, and recorded in the real property records of Ada County, Idaho, on or about
June 14, 2002, as Instrument No. 102067381 ("Development Agreement") as a condition of annexation
and initial zoning (as R-4) of approximately 100.71 acres of real property ("DA Property");
WHEREAS, on January 12, 2005, City adopted Rezone Ordinance 05-1123 to rezone (from R-4
to R-15) a portion of the DA Property consisting of approximately 2.4 acres, legally described in Exhibit
"A" attached hereto following a public hearing on or about December 21, 2004, before the Meridian
City Council (Case No. RZ-04-014), which superseded the initial zoning and related Development
Agreement as to the rezoned parcel;
WHEREAS, City desires to execute and record this Termination to memorialize that the
Development Agreement is no longer of any force or effect as to the parcel rezoned by Rezone
Ordinance 05-1123.
NOW, THEREFORE, in consideration of the recitals above, City declares and confirms that in
light of the notice and public hearing held on December 21, 2004 and the Rezone Ordinance 05-
1123 approved by the City Council on January 12, 2005, the Development Agreement for Cedar
Springs and Cedar Springs Place is hereby terminated and no longer of any force or effect for the
subject property identified by Exhibit "A" and currently called Mulberry Subdivision.
[end of text]
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT — 1
1571516-3
IN WITNESS WHEREOF, the parties have executed this Termination effective as of the 4
day of Vecem he/ 2012.
CITY:
CITY OF MERIDIAN, an Idaho municipal
corporation
By:
Mayor Ta y e Weerd
OWNER:
SETTLERS PARK, LLC, an Idaho limited
liability comp
By:
Da ' exander, anaging Me �er��
.O� 0O,NSED AUC J
ATTEST:
n `�v jaw
Holman, City Clerk
STATE OF IDAHO
ss.
County of Ada
City of
IDIAN�
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F� SEAL
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On this 4_day of De ambea/ , 2012, before the undersigned notary public in and for the said
state, personally appeared Tammy de Weerd and Jaycee L Holman, known or identified to me to be the Mayor and City
Clerk of the City of Meridian and the persons who executed and attested the foregoing instrument on behalf of said
City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
.•068j•.
• . ICA J0.0• -
Not ry Public for Idaho
• 4 Residing at: V-
�o._ ` My Commission Expires: a 1
STATE OF IDAHO ) • �,E OFA 1�� :� `
:ss.
County of Ada )
On this 3 day of 'J-e-�'`'"'`'3'e''� , 2012, before the undersigned notary public in and for the said
state, personally appeared David Alexander, known or identified to me to be the person who executed the foregoing
instrument on behalf of said Owner and acknowledged to me that said Owner executed the same.
IN WITNESS WHWOF, I have hereunto set my hand and seal the day and year first above written.
�•.•`� �� E W,q ``•..
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�` T,g•ick Notary Public frp Idahq
•� ; Residing at: �•e-'�-fM�1r-
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UB L I C •; * My Commission Expires:
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TERMINATION AND 1�E��D�VELOPMENT AGREEMENT — 2
1571516-3
EXHIBIT A
Released Property
Legal Description
Mulberry Subdivision at Settlers Park
A parcel located in the SE % of Section 36, Township 4 North, Range 1 West, Boise Meridian,
City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at an aluminum cap monument marking the southeast corner of said SE '% of
Section 36, from which a brass cap monument marking the northeast corner of said SE % bears
N 0°51'23" E a distance of 2650.21 feet;
Thence N 0°51'23" E along the easterly boundary of said SE %< a distance of 1123.94 feet to a
point;
Thence leaving said easterly boundary N 89010'45" W a distance of 70.00 feet to a 5/8 inch
diameter iron pin and the POINT OF BEGINNING;
Thence N 89°10'45" W a distance of 390.10 feet to a 5/8 inch diameter iron pin;
Thence N 0°51'23" E a distance of 200.59 feet to a 5/8 inch diameter iron pin on the southerly
boundary of Cedar Springs Subdivision No. 2 as shown in Book 86 of Plats on Page 9732,
records of Ada County, Idaho;
Thence along said southerly boundary the following described courses;
Thence N 19°38'54" W a distance of 47.85 feet to a 5/8 inch diameter iron pin;
Thence N 70021'06" E a distance of 30.36 feet to a 5/8 inch diameter iron pin;
Thence a distance of 99.72 feet along the arc of a 280.00 foot radius curve right, said
curve having a central angle of 20°24'15" and a long chord bearing N 80°33'13" E a
distance of 99.19 feet to a 5/8 inch diameter iron pin;
Thence S 89°14'50" E a distance of 56.89 feet to a 5/8 inch diameter iron pin;
Thence S 83°05'50" E a distance of 50.29 feet to a 5/8 inch diameter iron pin;
Thence S 86°21'50" E a distance of 131.71 feet to a 5/8 inch diameter iron pin;
Thence S 89°14'39" E a distance of 22.34 feet to a 5/8 inch diameter iron pin;
Thence S 44°11'38" E a distance of 28.31 feet to a 5/8 inch diameter iron pin;
Thence S 0051'20" W a distance of 241.99 feet to the POINT OF SNP` LA)VO
BEGINNING; y5� .r\ST R G
This parcel contains 2.40 acres and is subject to any o e c
easements existing or in use. a 11118 A
N
Clinton W. Hansen, PLS y?I3l�l oP �?
Land Solutions, PC ��Gp F
May 31, 2012 CN W . NP
Mulberry Subdivision
l.Zn d ,D11itio1'IS Job No. tz-s2
�.�U.d Surveying and Comultlr g
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT — 3
1571516-3