Laurel's Townhouses MDA PP RZ H-2016-0065ADA COUNTY RECORDER Christopher D. Rich 2017-012606
BOISE IDAHO Pgs=6 LISA BATT 02/10/2017 09:45 AM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1, City of Meridian
2, Northside Management, Developer
3, Corey Barton, Owner
This addendum is made and entered into this_ day
of ruGry ;617_, 08, by and between CITY OF MERIDIAN, a municipal
corporation of the State of Idaho, hereafter called CITY, and Northside Management,
whose address is 6810 Fairhill Place, Boise, Idaho 83714, hereinafter called DEVELOPER
and Corey Barton, whose address is 1977 E. Overland Road, Meridian, Idaho 83642,
hereinafter called OWNER,
RECITALS
A. CITY and OWNER and/or DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT (Instrument # 106141056) on the land described in
Exhibit "A" ("Property") and the Addendum to Development (Instrument # 108022888),
B. CITY and OWNER and/or DEVELOPER now desire to amend the
Development Agreement in accordance with the terms in this Addendum, which terms have
been approved by the Meridian Planning and Zoning Commission and the Meridian City
Council in accordance with Idaho Code Section 67-6511A.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER and/or DEVELOPER shall be bound by the terms of the Development
Agreement, except as specifically amended to add the following:
SECTION 4. Uses permitted by this agreement:
Delete Sections 43, 4,4 and 4.5 in their entirety.
4,6 The proposed townhomes shall be constructed to substantially conform
to the elevations submitted with H-2016-0065 and comply with the design
standards listed in the Architectural Standards Manual.
2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian
and the Property shall be subject to de -annexation of the Owner and/or Developer, or their
assigns, heirs, or successor shall not meet the conditions of this addendum to the
Development Agreement, and any now Ordinances of the City of Meridian as herein
provided,
ADDENDUM TO DEVELOPMENT AGREEMENT (LAUREL TOWNHOUSES H-2016.0065) PAGE 1 OF 4
3. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's corporate
authorities and their successors in office. This second addendum shall be binding on the
Owner and/or Developer of the Property, each subsequent owner and any other person(s)
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 hereon 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 and/or Developer, to execute appropriate and recordable evidence of
termination of this addendum if City, in its sole and reasonable discretion, had determined
that Owner and/or Developer have fully performed its obligations under this Addendum.
4. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner and/or Developer and City relative to the subject matter
herein, and there are no promises, agreements, conditions or under -standing, either oral or
written, express or implied, between Owner and/or Developer and City, other than as are
stated herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this second addendum 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.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein
provided for can be modified or amended within 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.
6. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (LAUREL TOWNHOUSES H-2016-0065) PAGE 2 OF 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER:
NORTHSIDE MANAGEMENT
By:
Attest:
C
C.j6y Coles,
Clerk
CITY OF MERIDIAN
B
Mayor Tammy e Weerd
%Nco
ADDENDUM TO DEVELOPMENT AGREEMENT (LAUREL TOWNHOUSES H-2016-0065) PAGE 3 OF 4
STATE OF IDAHO )
ss:
County of Ada, )
On this d q lay of n 1AA 2016; before me, the undersigned, a Notary Public in and for said
Sta e, personally appeared Ori mfkK known or identified to me to be the
✓ GS i�. of Northside Management, and acknowledged to me that he executed the
same.
IN WITNESS WHE, XX,I Dave hereunto set my hand and affixed my official seal the day and year
in this certificate first ab%v WE()
t u
(SEAL)
Notary Public for Idaho
Residing at: ry'igo , Z�
My Com mission Expires.,
�N tanr
STATE OF IDAHO
. ss:
County of Ada,
JICO
On this a� day of TAAvam , ZO+6, before me, the undersigned, a Notary Public in and for said
State, personally appeared Corey Bartoil, known or identified to me to be the person who signed above 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,
0tjw40V9100 41
(SEAL) v.', 0 N
STATE OF IDAHOFoy
b "ttt'so
�-V
Notary Public fo - Idaho
Residing at;
My Commission Expires: -- tD -,)�Y`
County of Ada )
On this of "ntel' L/\1 , 2016, before me, a Notary Public, personally
appeared Tammy de Weerd and C.Jay Coles, 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.
•�•q0,••••0,0
_'•
(SEAL) : AY rir�j: Notary Public f Idaho
p ; O t.► ; Residing at:
a; ; Commission expires: C .
ADDENDUM TO DEOTD]'Ir4Fhj'�]3ENT (LAUREL TOWNHOUSES H-2016-0065) PAGE 4 OF 4
•0( •�
EXHIBIT A
Legal Description and Exhibit Map for Rezone
DESCRIPTION FOR
RE -ZONE LAURELS TOWNHOUSES
GRAMERCY SUBDNISION NO.1
A parcel of land located in Gramercy Subdivision No. 1 as filed in Book 99 of Plats at
Pages 12,619 through 12,622, records of Ada County, Idaho, located in the SW 114. of the NE
114 of Section 20, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly
described as follows:
Commencing at the NE corner of Lot 1, Block 4 of said Gramercy Subdivision No. 1:
Thence along the East boundary line of said Lot 1 and the Southerly extension thereof
South 00°24'04" West, 223.00 feet to a point on the centerline of E, Blue Tick Street;
Thence along said centerline North 89°35'56' West, 381.00 feet to a point on the
centerline of S. Accolade Avenue;
Thence along said centerline North 00°24'04" East, 198.00 feet;
Thence continuing along said centerline 78.74 feet along the arc of a curve to the right
having a radius of 50.00 feet and a central angle of 90°00'00", and a long chord of 70,71 feet
and bears North 45024'04" East to a point on the centerline of E. Goldstone Street;
Thence along said centerline South 89°3556" East, 281.00 feet;
Thence leaving said centerline South 00'24'04` West, 25.00 feet to the REAL POINT
OF BEGINNING. Containing 1.87 acres, more or less.
Laurel Townhouses MDA, PP, 13Z H-2016-0065
EXHIBIT A
SCALE: 1" = 50'
CURVE TABLE
_ _ N89'35'56"W 281_00
CHORD DIST.
E. GOLDMSTONE 5T,
DELTA
Ci 1 50.00
1 78.54
70.71
14452,04-E
90.00'00'
h
REAL POINT
Ir
r
OF BEGINNING
f
r
GRAMERCY SUBDIVISION NO, 1
Lu
or>
BLOCK 4
a
04
�!
rn
w
J
of U
IT
cli
oro
1.87 ACRES
z�vi
(
1 r
g
E. BLUE TICK_ ST,
civ
_
N8935'56"W 331.00'
r
f
r
25 too
Q OsG
05 5o t50
g�4N
SCALE: 1" = 50'
CURVE TABLE
CURVE RADIUS
LENGTH
CHORD DIST.
CHORD BRG.
DELTA
Ci 1 50.00
1 78.54
70.71
14452,04-E
90.00'00'
IDAHO
ISAILVIATBRrO E113T
W6RIAH
SURVEY
.42
GROUP, P.C.
t2'm.""
Lam[ Townhouses MDA, PP, RZ H-2016-0065
' 7 729
Ox
Q'Y G. C
EXHIBIT DRAWING FOR
RE—ZONE LAURELS TOWNHOUSES
GRAMERCY SUBDIVISION NO. 1
Lochuo M THE sw 1/4 0P THE NE 1/4 OF SECTION 70, T.M., RJE., 9.u.,
WOMAN. ADA COUNTY, 10U110
Q
,6-095
8/4/2016