Goddard Creek H-2017-0007ADA COUNTY RECORDER Christopher D. Rich 2017-090760
BOISE IDAHO Pgs=15 BONNIE OBERBILLIG 09/26/2017 10:54 AM
CITY OF MERIDIAN. IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES; 1, City of Meridian
2, Gibson Family Revocable Living Trust, Owner
3, Brian Porter, Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of ;eF`&/h 6er , 2017, ("ADDENDUM"), by and between City of
Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 and Gibson )Family Revocable Living Trust,
('OWNEW ), whose address is PO Box 88, Nows, Idaho 83656 and Brian Porter,
{"DEVELOPER"), whose address is 3057 E. Red Tail Drive, Eagle, Idaho 83616.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was recorded on January 2, 2003 in the real property records of
Ada County as Instrument No. 103012598 ("DEVELOPMENT AGREEMENT").
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement, which terms have been approved by the Meridian City Council in
accordance with Idaho Code Section 67-6511, with regard to the property listed in Exhibit
"A»
NOW$ THEREFORE, in consideration of the covenants and conditions set
forth herein, the, parties agree as follows,
I , OWNER/DEVELOPER shall be bound by the terms of the Development Agreement
as the properly listed in Exhibit "A", except as specifically amended to add the following;
The Proposed Landreape Man, amached hereto as Exhibit "D"
The Proposed Building Eleiwlions, allached hereto as Exhibil "C"
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this Addendum, and the Ordinances of the City of
Meridian as herein provided.
0007
ADDENDUM TO DEvrl,Ol',\,IEN7' AGRLENtLN'I' - GODDARD C RLL'K \,IDA It 2017=
Page 1 ora
3. This Addendurn shall be binding upcln and insure to the benefit of the parties'
respective he irs. successors, assigrts and personaI representatives, includirrg City's corporate
authorities and tlreir successors in office. This Addendum shall [x binding on the
Orvrrer/Developer of the Property, each sutrsequent olvrler and any other person(s) acquiring
an interest in the Properly. Notlring herein shall in any lvay prevent sale or alicnation of tlre
Property, or po$ions thereof, except that any sale or alienation shall be subject to the
provisions hereon and any successor owner or orvners shall be both benefited and bcund by
the conditions and restrictions herein expressed. City agrecs, upon rvrittcn rcqucst of'
Olvner/Developer, to execute appropriatc and recorclalrle evidence of terrnination of this
Addendurn if City, in its sole and reasonable discretion, had determined that
Olvne r/Developer have l'ully perflormed its obligations under this Addendunr.
4. If any provision of this Addendurn is held not valid by a court of cornpetent
.iurisdictiorr, such provision shall be cleemecl to be excised fiom this Adclendunr and the
invalidity thereof shall not affect arry of the other provisions contained here in.
5. This Addendum sets forth all pnorniscs, inducetnents, agreements, condition, and
understandings betrveen Orvncr/Developer and City re [ative to the strbject rnatter herein, and
there are no pronrises, agreernents, conditions or under-standing, cither oral or lvrittcrr,
express or implied, betrveen Orvncr/Dcveloper and City, other than as are stated herein.
Except as herein othcnvise provicled, no subsequent alteration, arnendment, change or
addition to this Addendum shall be binding upon thc parties hercto unless reduced to u'riting
and sigrted by thern or their successclrs in interest or their assigns, and pursuant, rvith respect
to City, to a duly adoptecl ordirrance or resolutiorr of City.
a. Except as herein provided, no condition govenring tlrc uscs and/or
conditions governin-& clevclopmurt of the strbject Property herein
provided lor can be rnodi{ied or arnended rvithin the approval of the City
Council after the City has conclucted puhlic hearing(s) in accordance *,ith
tlrc notice provisions provided for a zoning desi*anation and/or
arnendment in force at the time of the proposed amendmcnt.
6. "l"ltis Adclendum shall hc el l-ective as of the clate herein ahove rvritten.
7. Except as anrended by the Addendum, all tenns of'the previous Agreenrerrts shall
rernain in firll tbrce and eft'ect.
i\DDI:nvDtlIIl1)Dl:VI:l.OPllLNl'ACRI:I;IIl:NI -UODI).\ltl-)CRt;liKIlD.tIl2017-00-
Pagc 2 of4
0007
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER:
Gibson Revocable Living Trust
By- ,
DE ELOPER:
Brian Porter
CITY OF MERIDIAN
1�}�•
ayor I I eerd
TTES.
AGQ�QoRATEitpDoAf VG
it}
Cole
m0w
Clerk Z E IDjAN,�
SEAL
0007
ADDI NDUM TO DE -.10i'1n:NT AoRm'-,mENT - GODDARD CREEK MDA 112017M
Page 3 of 4
STATE OF IDAHO
: ss:
County of Ada,
On this -"t'day of S2��1 l rw6 2017, before nre, the undersigned, a Notary Public in and
for said State, personally appeared ticres_t i (; (t�; �,� �'� {,{-� ( , knoNmi or identified to me to be ttic
_r—Ae of Gibson Family Revocable Living Trust, and acknowledged to me that he
executed the same on behalf of said Trust.
IN WITNESS WHEREOF, I (rave hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
(SEAL KARA L. FUL.CHER
NOTARY PUBLIC
STATE OF IDAHO
C4c,I& r�
S'I'A'rE OF-IBtk-HO )
County of Ada-, 9�)
r ota yPublic for Idaho
Residingat: , la
Nly Commission Expires: E5 -17-c) 11
On this 'LA day of -'I , 2017, before me, the undersigned, a Notary Public in and for
said State, personally appeared Brian Porter, known or identified to me to be the person who signed above and
acknowledged to me that Ire 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) v.+°tew MAW
MCdPLIN IO
NOTARY PUBLIC ®CAUFORNIA
SACRAMENTO COUNTY
Corm. EVites JULY 6, 2021
Y: N.' o'L'B.Vdb4`tT °JnM1f.RM.W.W.1PJ': d..": l:
STATE OF IDAHO
County of Ada
A/1/1--
Notary
Public for4dahn-C- G j
Residing at: F�ht=k �f` l '� u
My Commission Expires:
On this __ day of 2017, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, know or identified to me to be the Nlayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the instrument on behalf ofsaid City,
and acknowledged to me that such City 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.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires: _
ADDENDUN-1 "1'0 DLVEt.OP\N1EV1T AGRfiP;NfFN1'- GODDARD C12tiP.K MDA if 2017-0032
Page 4 of 4
STATE OF IDAHO )
ss:
County of Ada, )
On this ��'day of t' t�w,b�• , 2017, before me, lthe undersigned, a Notary Public in and
forsaid State, personally appeared Ua�tk Q-, �p±lssm t�htSTtQ , known oridentified to me to be the
kS� _ of Gibson Family Revocable Living Trust, and acknowledged to me that he
executed the same on behalf of said Trust.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above Nwitten.
fM�d�t9'��h�'�N��►
{SEAT, KARA L. FULCHER
NOTARY PUBLIC
STATE OF IDAHO
+
STATE OF IDAHO
ss:
County of Ada, )
ota Public for I aho
Residing at:
My Commission Expires: I -o1O11
On this _ day of , 2017, before me, the undersigned, a Notary Public in and for
said State, personally appeared Brian Porter, 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.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO
ss
County of Ada )
On this Lt, day of Qom, 2017, before nue, a Notary Public, personally appeared
Tammy de \Weerd and CA., Col s, 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 on behalfofsaid City,
and acknowledged to me that such City executed the sante.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first��
(SEAL) N -Notary Pub is for Idaho
CZesiding at:It - i
Connnission expires: -a2
�0007
ADDEND0Al'l )lw GODDARD CREEK (NIDA H 2017=
� Its° Page 4 of 4
Elite
*
EXHIBIT A
Property Description
EI r'Er EruGrhrEEFr='
COI\SUI.TiNG F ilGINE E HS, SURVEYORS AND TI ANTE q 5
33? N BROADTdCRE W,\Y SUITE 1Oi
NAMPA iOAilS S3fSl
234 442-63C0 r i/Jt ?CS 4C6 C€4a
Prujett:160210
l)ate: .lrurrmr)' 06, 2017
Pirgc: I ol'?
EXHTBIT 'A-T'
COMil{ERCTAL RE-ZONE
MCMILLIAN STOfrAG E UNITS
r\ parccl of land. for thc purposc trl'rc-z.oning. situatcd in a porliorr of thc Slil/4 of the SWI/.1of
Section 26, Tou'nship 4 North, Itangc I West, l]oise Meridian, City ot'Mcridian, Ada Courrty.
ldaho. ntolc partieularly dcscribed as fcrllorvs:
COMMDNCING at an nluminurrr cap nronurrrctrt nrarking the southu'est conrer of said Scction
?6. lronr rvhich a brass cap mor)r.rnrent marking the southcast comcr of thc SWli4 of saitl Seclion
26 bcars 588058'46"1:. n distancc of 2602.80 fect; thcncc along thc soruh linc of said Scction 26,
588058'46"1i a distnnce of I 301 .20 t'cet to n 518-inch rcbar urarkilrg thc south*esl (onrcr of said
.SI'.1/4 ol'thc SWI/4 (Wlll6 comer) and nrarking thc P{}INT OF BEGINNIN(II
l) l'hence leaving $aid soLrth linc along thc wcst linc of said Stil/4 of thc SWI/,1,
N00"29'27"0 a distancc of 45.l2 fcct to a point mnrking thc srrutheast conlcr of thc
r\ntertdcd lllat of Veronr Subdivision No. 4, as rccordcd irr thc official records of Ada
Courrty, in Plat llook l0?. at pngcs 13476 through l3477;
2) 'l'hcrtcc along thc rasl linc o[said Amended Veronn Subdivision No. 4, N00o29'27"1:. a
distance of 428.25 li:cl lo a 5/8-itrch rcbar marking thc conlcr comnlon to said cast line
aurl tlw strulhrvesl conlrr of the Selrvay Apadnreilts Sutrdivision, rccordcd in the
oflicial rccords ol'Ada County, in lllat llook 102, at p{rgcs I 3575 tlrough I1578;
3) I'hcncc leaving said east linc and along the south line of said Selway Aparlntcrrts
Sulxlivision. S88"58'36"H a distarrcc of 681.21 fect to a point;
4) Thcrtcc lcavirtg said south !irrc S0l "01 '14"W a distancc ol'471.3 I fcel to a froirrt oil
said south line of SEI/4 of the SWI/4;
5) 'lhcttcc' along said soutlr line NEE"58'46"W a distarrcc ol'676.84 lbet to thc P()IN'f
OF BEGINNII\G.
Saitl parccl contaittirtg 7.38 acrcs or 321 .403 square feet, nrorc or less, aud is subject to all
e.t i sti ng e:rserrrenls and/or ri ghts-o f-rvay ol' rccor d or i nrpl ied.
Mlil{ll)lAN r C()UIJIt d'Al.}:Nli r NAMI}A
t.:\ I 601 I O'5tl--Surveyr.f)f, SCR I PTIONS
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Goddard Creek - MDA H-2017-0007
EXHIBIT B
Proposed LandscaPq Ilgl
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r Farrr\d [r{ rltl !t i.$ a dtrti }{n!l a v{[rtu lrl]r'-s {r}aL\9trralt.l {lt.
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Goddard Creek -MDA H-2017-0007
EXHIBIT C
Proposed Building Elevations and Floor Plans
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Goddard Creek - MDA - H-201I-0007
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EXHIBIT C
Proposed Building Elevations and Floor Plans
Storage Unit Elevations
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Goddard Creek - MDA * H-2017-0007
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EXHIBIT C
Proposed Building Elevations and Floor Plans
Storage Unit Elevations
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Goddard Creek - MDA - H-2017-0007
EXHIBIT A
Property Description
Goddard Creek – MDA H-2017-0007
EXHIBIT B
Proposed Landscape Plan
Goddard Creek –MDA H-2017-0007
EXHIBIT C
Proposed Building Elevations and Floor Plans
Goddard Creek – MDA – H-2017-0007
EXHIBIT C
Proposed Building Elevations and Floor Plans
Goddard Creek – MDA – H-2017-0007
EXHIBIT C
Proposed Building Elevations and Floor Plans
Goddard Creek – MDA – H-2017-0007