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CZC Application Planning Division DEVELOPMENT REVIEW APPLICATION 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 -1- (Rev. 06/12/2014) STAFF USE ONLY: Project name: File number(s): Assigned Planner: Related files: Type of Review Requested (check all that apply)  Accessory Use  Administrative Design Review  Alternative Compliance  Annexation and Zoning  Certificate of Zoning Compliance  Comprehensive Plan Map Amendment  Comprehensive Plan Text Amendment  Conditional Use Permit  Conditional Use Modification Director/Commission (circle one)  Development Agreement Modification  Final Plat  Final Plat Modification  Planned Unit Development  Preliminary Plat  Private Street  Property Boundary Adjustment  Rezone  Short Plat  Time Extension: Director/ Commission/Council (circle one)  UDC Text Amendment  Vacation: Director/ Council (circle one)  Variance  Other Applicant Information Applicant name: Phone: Applicant address: Email: City: State: Zip: Applicant’s interest in property:  Own  Rent  Optioned  Other Owner name: Phone: Owner address: Email: City: State: Zip: Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: Phone: Owner address: Email: City: State: Zip: Primary contact is:  Applicant  Owner  Agent/Contact Subject Property Information Location/street address: Township, range, section: Assessor’s parcel number(s): __________________________ Total acreage: Zoning district: 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 -2- (Rev. 06/12/2014) Project/subdivision name: General description of proposed project/request: Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply):  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) 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): Maximum building height: Minimum property size (s.f): Average property size (s.f.): Gross density (Per UDC 11-1A-1): Net density (Per UDC 11-1A-1): Acreage of qualified open space: __________________ Percentage of 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  Single-family Attached  Townhouse  Duplex  Multi-family  Vertically Integrated  Other ____________________________________ Non-residential Project Summary (if applicable) Number of building lots: Common lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Applicant signature: Date: City of Meridian Well 22 Treatment Facility 1 J-U-B Project #: 10-16-098 City of Meridian Certificate of Zoning Compliance – Project Narrative Project: Well #22 Treatment Facility Address: 2250 S. Stoddard Road Bear Creek Subdivision No. 1, Lot 2, Block 8 Existing Well 22 Facility The City of Meridian, ID (City) owns and operates Well 22. The lot on which Well 22 is located is residentially zoned (R-4) located at 2250 S. Stoddard Road in Bear Creek Subdivision No. 1. This lot contains Bear Creek Park, owned and maintained by the City of Meridian. This lot, Parcel No. R0855010650 contains 18.34 acres. A lease agreement (attached) grants use of 13,576.8 square feet to the City of Meridian Public Works Department for a municipal well facility. This area is located adjacent to S. Stoddard Road approximately midway between W. Christopher Street and W. Kodiak Drive. The Meridian Public Works Department is planning to add filtration treatment to the water produced at Well 22 to reduce or remove the secondary contaminants of iron and manganese. Well 22 was constructed and put into production in 2001. However, due to the elevated levels of these contaminants, the well has rarely operated since approximately 2003. Lot 2 of Block 8 was dedicated to the City of Meridian with the plat for Bear Creek Subdivision No. 1 plat (Inst. No. 101082385, Note 11 – copy attached). See also Section 5.1.2 of the Bear Creek Development Agreement (Inst. No. 100050771) and subsequent addendum (Inst. No. 101117650), both attached. New Well 22 Facility Construction of Well 22 Treatment Facility project will not interrupt the overall water system functionality or ability to serve the City since it is not currently in use. The new Well 22 system has been designed to provide the same quantity of water as the existing well but with the iron and manganese levels greatly reduced. Additionally, the construction specifications require that, during construction, the Well 22 contractor provide continual access for Parks Department personnel to and through the common driveway to Well 22 and the Parks maintenance facility to the east of the well site. The existing well building and foundation will be demolished. In its place, a new, larger building will be constructed that will house the existing well components as well as the new filter, liquid hypochlorite storage, and other accessory equipment. The new building will measure 53’-4” by 39’-4” at its longest dimensions. Building height from top of stem wall to roof peak will be 19’-6”. The new building will be constructed of a combination of colored split and smooth CMU with architectural shingles on a 12:3 pitch. New exterior LED wall-mounted downlights will be provided on each side of the building. These are 20W and rated at 1,430 lumens. The setbacks will be as follows: Planned Setback From Internal Lot Line1 Front (west) 1 42.1’ Side (north) >300’ Rear (east) >700’ Side (south) Approximately 400’ City of Meridian Well 22 Treatment Facility 2 J-U-B Project #: 10-16-098 1 Measured to nearest back of existing sidewalk. Distance from lot line to face of proposed building is 55.3’. Appears from Note 1 to Table 11-2A-5, Dimensional Standards for the R-4 District, of City Code that the setback from back of sidewalk governs. Access. The existing site access will be maintained to the south side of the building. A second access drive will be constructed from S. Stoddard Road to the north side of the building. ACHD has approved this second access (see attachment). This second access will be the primary entrance for Water Division operations staff. The south driveway will primarily be for continuing the Parks Department staff access to their maintenance building. Grasspave® (or similar) cells will be placed between the north and south driveways to provide a vehicular turnaround for Water and Parks vehicles. Landscape. No existing trees will be removed. Minor turf replacement will be required around the new building and driveways. A 5-foot wide strip along the east side of the building will have low shrubs with no turf within it. A separate drip irrigation system will be installed. Parking. No specific parking spaces or bicycle parking facilities are provided on the existing site nor any planned for the proposed reconstructed well site. Temporary delivery parking will be on the north side of the building. Solid Waste. Since this is an unoccupied building, no existing trash enclosures are provided nor any new such improvements planned for the reconstructed site. Fencing. No site fencing exists. Based on the Water Division Security Assessment of all water facilities, an 8-foot high wrought iron security fencing is planned around the site with two 3-foot person gates and two 15-foot swing vehicle gates. This fencing has been previously installed at Well 19 and Well 27. See application attachment depicting proposed fencing. The applicant is requesting alternative compliance per City Code 11-5B-5.B.2.d regarding differing design standards of another department. Easements. An easement for the Hardin Drain, under the jurisdiction of Nampa & Meridian Irrigation District, runs north-south on the east side of Stoddard Road. The existing Well 22 building encroaches onto this easement under a license agreement with NMID. J-U-B has met with NMID staff to discuss this project and has been told that an addendum to the license agreement will be required upon conclusion of Figure 1 - Setback Dimensions (West) City of Meridian Well 22 Treatment Facility 3 J-U-B Project #: 10-16-098 the project. Final plans will be submitted to NMID for review and approval prior to any construction of the new facility. Attachments: 1. Development Agreement for Bear Creek, LLC 2. Photos of existing site and facility. 3. ACHD Approach Request Approval PARTIES: 1. 2. 3. A C!r;';~HY IŒCOnOER J. D~ViO :;:,I"'~¡::í!(J DIJk,¿. iC',~¡D REÇ~R~ED-REGUl~1 u~ MEFî¡¡)IAI\YJ~¡ -,,/, F~::-LDEPUT~sJ'/ð i 00050 ì 7 I2eGDJ~1 29 P¡1 I: 30 DEVELOPMENT AGREEMENT City of Meridian Queenland Acres, Inc., Owner Bear Creek, L.L.c. Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 20~ day of J ~ , 200"0, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and QUEENLAND ACRES, INc., hereinafter called OWNER'.', whose address is 670 W. Victory, Meridian, Idaho 83642, and BEAR CREEK, L.L.C., hereinafter called "DEVELOPER", PO Box 344, Meridian, Idaho 83680. 1.RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exl:ùbit 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, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" 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 Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in DEVELOPMENT AGREEMENT- (Bear Creek AZ-99-010) - Page 1 of 18 1.5 1.6 1.7 1.8 1.9 Exhibit A, and has requested a designation of Low Densitv Residential (R-4), (11-7-2 C Meridian City Code); and WHEREAS, "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 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the fer^- day of~, 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings"); and WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" 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 DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-01O) - Page 2 of 18 of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11 and Title 12, Meridian City Code. 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 3.2 3.3 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 Idaho Avenue, Meridian, Idaho 83642. DEVELOPER": means and refers to Bear Creek; L.L.c., whose address is PO Box 344, Meridian, Idaho 83680, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". OWNER": means and refers to Queenland Acres, Inc., whose address is 670 W. Victory, Meridian, Idaho 83642, the party who owns said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". DEVELOPMENTAGREEMENT-(BearCreekAZ-99-010) -Page30f 18 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", attached hereto and by this reference incorporated herein as if set forth at length. 4.USES PERMITTED BY THIS AGREEMENT: 4.1 The uses and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to those uses allowed under "City"'s Zoning Ordinance R-4 Low Density Residential District codified at Section 11-7-2 C. Meridian City Code which are herein specified as follows: R-4) Low Densi1;y Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpo~e of the (R- 4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrUsion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. To develop 326 single1amily residential lots, 31 common lots and one Meridian park lot. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 4 of 18 5.1 Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.1 Development, use and maintenance for single-family residences and public recreational use in accordance with Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11- 11-99, Sheet PRE, in the companion application for Preliminary Plat PP-99-01O, except as is modified and conditioned by the City Council in the platting process. 5.1.2 The "Developer" will constrUct a public park on Lot 1 with a functional irrigation system in accordance with the City Parks and Recreation Department and Public Works Department specifications and seed the same into grass and construct a parking lot on the east side of said park for said park at the location designated in Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 1 i -11-99, Sheet PRE, in the companion application for Preliminary Plat PP-99-010 for Lot 1 which is shown as 18.62 Acres "City of Meridian . Park" therein. The "Developer" has indicated their desire to donate this Lot 1 to the public as a park. 5.1.3 The Developer shall pay for improvements to the Ten Mile Sewer as set forth to accommodate this development, that is 326 homes, and required in the platting process. The Developer and the City shall enter into a "latecomers" agreement wherein the cost of any capacity created by the Developer in the Ten Mile Trunk Line above that necessary to accommodate this development will be collected from any "latecomer" developments who utilize that DEVELOPMENT AGREEMENT - (BearCreekAZ-99-010) -Page 5 of 18 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "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 Development Agreement and all other ordinances of the "City" that apply to said Development. 9.DEFAULT: 9.1 9.2 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-01O) - Page 7 of 18 Thence S 00°45'52" W 1076.81 feet along the east line of the NW 114 of the SE 114 of said Section 24 to a point; Thence S 85°12'02" W 266.72 feet to a point; Thence S OSO32'58" W 422.82 feet to a point; Thence S 00°46'44" W 232.28 feet to a point; Thence S 20°10'06" E 113.21 feet to a point; Thence S 29°35'11" E 132.19 feet to a point; Thence S 00°12'00" W 190.85 feet to a point; Thence S 08°35'44" E 203.05 feet to a point; Thence S 04°03' 12" W 266.88 feet to a point on the north right-of-way of W. Victory Road; Thence S 00°38'53" W 25.00 feet to a point on the south line of the SE 1/4 of said Section 24 and the centerline of W. Victory Road; Thence N 89°21'07" W 1145.51 feet along the south line of the SE 114 of said Section 24 and the centerline of W. Victory Road to the REAL POINT OF BEGINNING of this description; Sald parcel of land contains 154.03 acres, more or less. 5.The owner of record of the subject property is Theron Scott, Queenland Acres, Inc. of 670 W. Victory, Meridian, Idaho. 6.Applicant is Bear Creek, LLC, of PO Box 344, Meridian, Idaho. 7.The property is presently zoned by Ada County as Rural Transitional R-T), and consists of various agricultural and residential uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BEAR CREEK. LLC CASE NO. AZ-99-010 8.The Applicant requests that the property be zoned as Low Density Residential R-4. 9.The subject property is bordered to the north by Ada County Residential, to the east by Meridian Elk Run Subdivision, further to the east Ada County Rural Transitional, with agricultural use to the south, and Ada County Residential and to the west Ada County Residential, and the city limits of the City of Meridian are adjacent and abut to the northeast portion of the subject property. 10.The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11.The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12.The Applicant proposes to develop the subject propeny in the following manner: 326 single family residential lots, 31 common lots and one Meridian park lot. 13.The Applicant requests zoning of the subject real property as R-4 Low Density Residential which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. 14.The Public Works Director and Public Works Department are FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 12ANDDECISIONANDORDERGRANTINGAPPUCATIONFORANNEXATIONANDZONINGIBEARCREEK, LLCCASENO. AZ-99-01O concerned with the City's ability to provide sanitary sewer service to this project. They are additionally concerned on how to provide for a rational far the handling of the City's further growth in this region, particularly to the west of the project, in that, I ï acres of the subject property are designated in the City's Master Plan to be served by the Ten Mile Trunk Line to the sewer plant, and the remaining portion is to be served by the yet to be developed Black Cat Trunk Sewer Connector. Even though the "HYDRA Sewer Analysis" for this project, from the Planning and Zoning and Public Works Departments, requested this project not be approved due to concern with the ability of the City to approve future development which was to rightfully be served by the Ten Mile Sewer Trunk, the Public Works Director did testify, and the Council finds it is possible and feasible to sewer the subject parcel presently through the Ten Mile Trunk Line as proposed and the imposition of an estimated $1,500.00 per lot trunk fee would help establish a base fund for the development of the Black Cat Sewer Trunk, which will tùtimately serve the major portion of the subject property and the subject property and parcel is partially designated to be served by the Ten Mile Sewer and the applicant is able to proceed with development. 15.The City is in need of additional park land to serve the southwest region of the City and its impact area. This proposed application includes the constrUction i:,:',?-;i'J::~ :".W!1. ins~alled víl~:~ J. ':;l':,~:.Jer system and FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~age 13 AND DECISION AND ORDER GRANTING APPLICATION. FOR ANNEXATION AND ZONING/BEAR CREEK. LLC . ' CASE NO. AZ-99-01O one parking lot and which is designated as Lot 1 18.62 acres "City of Meridian Park" on the Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE. in the companion application for Preliminary Plat PP-99-01O. The Applicant has expressed a desire to donate this park to the public. 16.Persons owning parcels in the area of the proposed development voiced concern with the traffic conditions on Overland. which is to the north and not adjacent to the project. Meridian Road is to the east of the project and Victory Road is south and adjacent to this proposed project. It is recognized by the City Council that traffic is a concern but the same is under the jurisdiction and control of the Ada County Highway District and the State Department of Transportation. With the exception of Victory Road all such roads are designated as "Minor Arterials" as set forth in Map 3 of the Transportation Component of the Meridian Comprehensive Plan. The proposed plat, which is an accompanying application in Case No. PP.99. 010, designating access for ingress and egress to the proposed residential development on Stoddard Road at three (3) separate locations, and Meridian Road at one location through Elk Run Subdivision which is found to disburse traffic from the subject property onto Victory Road, Overland and Meridian Roads, and there has been no evidence produced by ACHD, or by any traffic study, which determines that the existing roads could not handle the traffic of the proposed project. FINDINGS OF FACT AND CONCLUSIONS OF LA'll - Page 1"1 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-010 17.The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Residential. Further, this proposed application is in conformance and consistent with the following provisions of the Meridian Comprehensive Plan: 17.1 Goals, Page 5 of the Meridian Comprehensive Plan: Goals 2, 4, 5, 8,and 10. 17.2 Land Use Residential Policies, Page 23 of the Meridian ComprehensivePlan: Land Use Residential Policies: 2.2U, 2.3U, and 2.4U. 18.There are no significant or scenic features of major importance that affeCt the consideration of this application. 19.Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed which restrict the use and development of the subject real property under the R-4 zoning procedures. 20.It is found that if the developer pays for the requested improvement and complies with the conditions set forthin these findings of fact, and all sub-pans, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC CASE NO. AZ-99-010 21.It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, and with the Comprehensive Plan and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors, and can best be handled by requiring a development agreement which contains development conditions as is set forth herein in the Decision and Order. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1.The applicant's request for annexation and zoning of approximately 150.79 acres to Low Density Residential (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2.The application is for annexation ~nd zoning of 150.79 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC CASE NO. AZ-99-01O Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3.Owner and Developer are required to enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of development and use which govern the subject real property as follows: 3.2 3.3 3.1 Development, use and maintenance for single-family residencesandpublicrecreationaluseinaccordancewithPreliminaryPlat,Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG,Date: 06/01/99 ris, DWG No. 99021 1. PRE, Revision 11-11-99,Sheet PRE, in the companion application for Preliminary Plat PP- 99-010, except as is modified and conditioned by the CityCouncilintheplattingprocess. The owners of Lot 1 will construct a public park with a functional irrigation system in accordance with the City Parks and Recreation Department and Public Works Departmentspecificationsandseedthesameintograssandconstruct a parking lot on the east side of said park for said park at the location designated in Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris,DWG No. 99021 1. PRE, Revision 11-11-99, Sheet PRE, in the companion application for Preliminary Plat PP-99-010 for Lot 1 which is shown as 18.62 Acres "City of Meridian Park" therein. The owners of this Lot 1 have indicated their desire to donate' this Lot I to the public as a park. The Developer shall pay for improvements to the Ten Mile Sewer as set forth to accommodate this development, that is 326 homes,and required in the platting process. The Developer and the Cityshallenterintoa "latecomers" agreement wherein the cost of anycapacitycreatedbytheDeveloperintheTenMileTrunkLine above that necessary to accommodate this development will be collected from any "latecomer" developments who utilize that capacity. Said agreement shall have a term of 15 years. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC CASE NO. AZ-99-010 Developer shall pay an additional sum of $1 ,500.00 per lot which sum shall be paid by the Developer in one lump sum in connection with the recordation of each plat of the development as and for a Trunk Construction Fee for the Black Cat Connector which will eventually serve the subject property, which sum is estimated to be the Developer's proportionate share of the total cost of the Black Cat Connector. The City shall assess such additional sum in connection with the grant of a building permit for any and all residential lots within the Black Cat Connector service area, so that future developments shall be on the same footing with applicant and will be assessed a connector fee. 3.4 A decorative noncombustible fence will be installed along that portion of Lot 1 that borders the other lots. No gates in the fence will be allowed between Lot 1 and the bordering lots. 3.5 Applicant shall coordinate with the Public Works Department regarding the routing and sizing of sewer lines within the subdivision in order to accommodate future sewer connections upstream from the development. The City shall be responsible for the cost of up sizing any sewer lines to accommodate future sewer connections. 4.The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District ( Meridian City Code § 11-7-2 C). 5.Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-6-1 in accordance with the provisions of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC CASE NO. AZ-99-01O annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /gr£,.. day of A£2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED a6;:ød- COUNCILMAN KEITH BIRD VOTED $--- COUNCILPERSON TAMMY deWEERD VOTED -$'^-- COUNCILMAN CHERIE McCANDLESS VOTED$a....- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-01O lvlAYOR ROB~ D. CORRlE (TIE BREAKER) DATED: /8 -co YOTED- MOTION: APPROVED:~ D ISAPPROVED:- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. B~~J~aityOerk .Dated: msglZ:\ Work\M\Meridian 15360MlBear CreeklAZFfCls041100Revisions FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-010 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the CityCouncil. 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 ins~ent of release of this Agreement. 11. ZONING: "City" shall, following recordation of the dulyapprovedAgreement, enact a valid and binding ordinance zoning the Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybesoughtbyanappropriateactionatlaworinequitytosecurethespecificperformánceofthecovenants, agreements, conditions, and obligationscontainedherein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty 30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty 30) day period and thereafter shall prosecute the curing of same with diligence and continuity, 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. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control DEVELOPMENT AGREEMENT- (Bear Creek AZ-99-01O) - Page 8 of 18 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. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements. which the "Developer" agrees to provide,.if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agreesthatnoCertificatesofOccupancywillbeissueduntilallimprovementsare completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phaseddeveloped; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required bythisAgreementshallbedeemeddeliveredifandwhenpersonallydeliveredor three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY:OWNER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Queenland Acres, Inc. 670 W. Victory Meridian, Idaho 83642 DEVELOPMENT AGREEMENT - (BearCreekAZ-99-010) - Page 9 of 18 DEVELOPER: Bear Creek, L.L.c. PO Box 344 Meridian, Idaho 83680 with copy to: City Oerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 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. 17. 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. 18. 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. 19. 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 of the "Property", 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 DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 10 of 18 any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" 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 "Developer" 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". 21.1 No condition governing the uses and/or conditions governing development 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 of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - (Bear CreekAZ-99-010) -Page 11 of 18 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: BEAR CREEK, L.L.c. B~~ev 0 r¿;/ Attest: JL-Y BY RESOLUTION NO. OWNER: QUEENLAND ACRES, INC. BY:Theron Scott, Pr sident Attest: ci4. fEi1~ BY RESOLUTION NO. ;;;;.. 'I ~ DEVELOPMENT AGREEMENT - (BearCreekAZ-99-01O) - Page 12 of 18 CITY OF MERIDIAN BY: Attest: STATE OF IDAHO ss COUNTY OF ADA On this-2.... day of :JtAn -E' ,in the year 2000, before me, a Not3!)'Public, personally appeared G:\"'-e.s -:flOh",>.ov-... and Cro...í~ G...n,,"{s. members of Bear Creek, L.L.C" known or identifie to me to be one of the members of the LImited Liability Company who executed the instrument and the member who subscribed said Limited Liability Company and acknowledged to me that such Limited Liability Company had executed the same. p. L. J1 "'~1' ~l~~ ."- .;;C' ~SJ{¡..rl ~OT~~ .{' \ ÞUB\'\c, ¡ j 1'>.".. .,~ <::> ¡ J'S OF \'9 ~..~ð(ú\Not Public for Idaho ~ Commission expires: 8/~ 9/do::JJ.- DEVELOP¡..ŒNT AGREEMENT - (Bear Creek AZ-99-01O) .. Page 13 of 18 STATE OF IDAHO ss COUNTY OF ADA On this~day of -:ItA Y'I -L ,in the year 2000, before me, a Notary Public, personally appeared Theron Scott and Carol Lotspeich, known or identified to me to be the President and Secretary of QueenlandAcres, Inc., who executed the instrument on behalf of the said corporation and acknowledged to me that such corporation executed the same. BO",", ---.f';¡;.v~"'-" ~~'\\J1 ,~ARY""~ ':. sEJi,." i ~o_- \ ic i vi ~ ic \. PU\\\.o~ 1°; 1'1' '......., ,,'9' ~1'E oí' ."",O,... ð'f ß~No Public for Idaho Commission expires: 8/Ò}9/~ ooJ-STATE OF IDAHO ss zJ¡~day ofJúi'L in the year 2000,County of Ada On this before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, .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. SEAL)j"""l3-..--.0 '.OT~'" ".i:q, ..... - Å ' . trit \ . CJ: j :À-. ,,-f;';.;.~.~.L;j9:.~O...C'OF1D"';.. u..-I=Notary Pu 1 c or Commission expires: q-;)-~..{) ODEVELOPÌ\ŒNT AGREEMENT - (Bear CreekAZ-99-01O) - Page 14 of EXHIBIT A Legal Description Of Property A parcel of land lying in the E V2 of Section 24, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of the E 1fz of Section 24, T. 3N., R. IW" B.M., the REAL POINT OF BEGINNING of this description. Thence N 00°51'45" E 2656.10 feet along the west line of the E 1fz of said Section 24, being the centerline of S. Stoddard Road, to the southwest corner of the NE 1/4 of said Section 24; Thence N 00°51'53" E 1881.43 feet along the west line of the NE 1/4 of said Section 24 and the centerline of S. Stoddard Road to a point; Thence S 89°46'45" E 1706.88 feet to a point on the centerline of the Kennedy Lateral, also being the northwest corner of Elk Run Subdivision; Along the centerline of the Kennedy Lateral, and the westerly boundary of Elk Run Subdivision and Elk Run Subdivision No.2; Thence S 05°05'50" W 290.43 feet to a point; Thence S 05°46'22" W 496.02 feet to a point; Thence along a curve to the left 163.76 feet, said curve having a delta angle of 46°54'45", radius of 200.00 feet, tangents of 86.78 feet, and a long chord bearing S 17°41'01" E 159,22 feet to a point; DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 15 of 18 Thence S 41°08'23" E 989.03 feet to a point; Thence S 30°37'30" E 139.10 feet to a point; Leaving said centerline and boundary; Thence S 32°17'30" E 117.64 feet to a point on the north line of the SE l/4 of said Section 24; Thence N 89°27'07" W 1177.57 feet along the north line of the SE l/4 of said Section 24 to the northeast comer of the NW l/4 of the SE l/4 of said Section 24; Thence S 00°45'52" W 1076.81 feet along the east line of the NW l/4 of the SE l/4 of said Section 24 to a point; Thence S 85°12'02" W 266.72 feet to a point; Thence S 05°32'58" W 422.82 feet to a point; Thence S 00°46'44" W 232.28 feet to a point; Thence S 20°10'06" E 113.21 feet to a point; Thence S 29°35'11" E 132.19 feet to a point; Thence S 00°12'00" W 190.85 feet to a point; Thence S 08°35'44" E 203.05 feet to a point; Thence S 04°03'12" W 266.88 feet to a point on the north right-of-way of W. Victory Road; Thence S 00°38'53" W 25.00 feet to a point on the south line of the SE l/4 of said Section 24 and the centerline of W. Victory Road; DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 16 of 18 Thence N 89°21'07" WI 145.51 feet along the south line of the SE 114 of said Section 24 and the centerline of W. Victory Road to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 154,03 acres, more or less. DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 17 of 18 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-O1O) - Page 18 of 18 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BEAR CREEK, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 150.79 ACRES FOR BEAR CREEK SUBDIVISION LOCATED EAST OF STODDARD ROAD, SOUTH OF OVERLAND ROAD MERIDIAN, IDAHO Revisions 04-11-00 Case No. AZ-99-0 1 0 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 16,1999, and continued to December 7,1999, and December 21, 1999, the Annexation and Zoning Findings were brought before the City Council at their January 4,2000, meeting and tabled to January 18,2000, the matter was then re-noticed for public hearing to February 15, 2000 and tabled to March 7, 2000, again the matter was re-noticed for public hearing to April 4, 2000, at the hour of7:00 o'clock p.m., and appearing at the December 7, 1999, hearing were: Shari Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer, and Brad Watson, Assistant to the City Engineer, and appearing and testifying on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-010 behalf of the Applicant were: Becky Bowcutt of Briggs Engineering, Inc., and Greg Johnson of Bear Creek Development, LLC, and affected property owners appearing were: Carolyn Darrington, Joan Atkins and Wilford A. Critell; appearing on December 21, 1999, were Gary Smith, City Engineer, and appearing on behalf of the Applicant were: Becky Bowcutt of Briggs Engineering, Inc., Joanne Butler, and affected property owners who appeared were: Chris Yerrington and Carol Lotherage, and continued to February 15,2000, and Shari Stiles, Planning and Zoning Administrator, Gary Smith, Public Works, and Tom Kuntz, Parks and Recreation Director, appeared and testified, and appearing on behalf of the Applicant were: Mike Spink and Becky Bowcutt, and appearing with concerns and comments were: Chuck Rauch, Dennis Montgomery, and Kent Yerrington, and continued to April 4, 2000, and appearing and testifying were: Lee Centers and Chuck Rauch, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AJ'JD CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC CASE NO. AZ-99-010 5.2 5.3 5.4 5.5 dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use. Meridian City Code § 11-6-1.] The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [Meridian City Code § 11-6-1.] The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code 11-15-1 -- 11-15-6.] The General Standards Applicable To Zoning Amendments include the following [ Meridian City Code § 11-15-11]: 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-01O be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage strUctures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason ofexcessive production of traffic, noise, smoke, fumes, glare or odors; 5.5. 10Will the area have vehicular approaches to the property which shall be so designed as not to create an interference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-010 the propeny under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the propeny under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council, and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2.There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 -- 11-15-6 and 11-16-1. 3.The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4.The property is approximately 150.79 acres in size. The property is located east of Stoddard Road, south of Overland Road and is designated as the proposed Bear Creek Subdivision, and described as follows: A parcel of land lying in the E 1h of Section 24, Township 3 North, Range 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC CASE NO. AZ-99-0 10 Thence S 00°45'52" W lOï6.81 feet along the east line of the NW 1/4 of the SE 1/4 of said Section 24 to a point; Thence S 85°12'02" W 266.72 feet to a point; Thence S 05°32'58" W 422.82 feet to a point; Thence S 00°46'44" W 232.28 feet to a point; Thence S 20°10'06" E 113.21 feet to a point; Thence S 29°35'11" E 132.19 feet to a point; Thence S 00° 12'00" W 190.85 feet to a point; Thence S 08°35'44" E 203.05 feet to a point; Thence S 04°03'12" W 266.88 feet to a point on the north right-of-way ofW. Victory Road; Thence S 00°38'53" W 25.00 feet to a point on the south line of the SE 1/4 of said Section 24 and the centerline of W. Victory Road; Thence N 89°21'07" W 1145.51 feet along the south line ofthe SE 114 of said Section 24 and the centerline of W. Victory Road to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 154.03 acres, more or less. 5.The owner of record of the subject property is Theron Scott, Queenland Acres, Inc. of 670 W. Victory, Meridian, Idaho. 6.Applicant is Bear Creek, LLC, of POBox 344, Meridian, Idaho. 7.The property is presently zoned by Ada County as Rural Transitional R-T), and consists of various agricultural and residential uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-01O 8.The Applicant requests that the property be zoned as Low Density Residential R-4. 9.The subject property is bordered to the north by Ada County Residential, to the east by Meridian Elk Run Subdivision, further to the east Ada County Rural Transitional, with agricultural use to the south, and Ada County Residential and to the west Ada County Residential, and the city limits of the City of Meridian are adjacent and abut to the northeast portion of the subject propeny. 10.The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11.The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12.The Applicant proposes to develop the subject propeny in the following manner: 326 single family residential lots, 31 common lots and one Meridian park lot. 13.The Applicant requests zoning of the subject real property as R-4 Low Density Residential which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. 14.The Public Works Director and Public Works Department are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC CASE NO. AZ-99-010 concerned with the City's ability to provide sanitary sewer service to this project. They are additionally concerned on how to provide for a rational far the handling of the City's further growth in this region, particularly to the west of the project, in that, 17 acres of the subject property are designated in the City's Master Plan to be served by the Ten Mile Trunk Line to the sewer plant, and the remaining portion is to be served by the yet to be developed Black Cat Trunk Sewer Connector. Even though the "HYDRA Sewer Analysis" for this project, from the Planning and Zoning and Public Works Departments, requested this project not be approved due to concern with the ability of the City to approve future development which was to rightfully be served by the Ten Mile Sewer Trunk, the Public Works Director did testify, and the Council finds it is possible and feasible to sewer the subject parcel presently through the Ten Mile Trunk Line as proposed and the imposition of an estimated $1,500.00 per lot trunk fee would help establish a base fund for the development of the Black Cat Sewer Trunk, which will uìï.imately serve the major portion of the subject property and the subject property and parcel is partially designated to be served by the Ten Mile Sewer and the applicant is able to proceed with development. 15.The City is in need of additional park land to serve the southwest region of the City and its impact area. This proposed application includes the construction L'."..:n. ins:,ùleè, víl:':\ ., ::::r;_';;Jer system and FINDINGS OF FACT AND CONCLUSIONS OF LAW - rage 13 AND DECISION AND ORDER GRANTING APPLICATION. FOR ANNEXATION AND ZONINGJBEAR CREEK, LLC . .. CASE NO. AZ-99-010 one parking lot and which is designated as Lot I 18.62 acres "City of Meridian Park" or. the Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01199 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, in the companion application for Preliminary Plat PP-99-01O. The Applicant has expressed a desire to donate this park to the public. 16.Persons owning parcels in the area of the proposed development voiced concern with the traffic conditions on Overland, which is to the north and not adjacent to the project. Meridian Road is to the east of the project and Victory Road is south and adjacent to this proposed project. It is recognized by the City Council that traffic is a concern but the same is under the jurisdiction and control of the Ada County Highway District and the State Department of Transponation. With the exception of Victory Road all such roads are designated as "Minor Anerials" as set forth in Map 3 of the Transportation Component of the Meridian Comprehensive Plan. The proposed plat, which is an accompanying application in Case No. Pp.99- 010, designating access for ingress and egress to the proposed residential development on Stoddard Road at three (3) separate locations, and Meridian Road at one location through Elk Run Subdivision which is found to disburse traffic from the subject property onto Victory Road, Overland and Meridian Roads, and there has been no evidence produced by ACHD, or by any traffic study, which determines that the existing roads could not handle the traffic of the proposed project. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC CASE NO. AZ-99-010 1 Î.The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Residential. Further, this proposed application is in conformance and consistent with the following provisions of the Meridian Comprehensive Plan: 17.1 Goals, Page 5 of the Meridian Comprehensive Plan: Goals 2, 4, 5, 8, and 10. 17.2 Land Use Residential Policies, Page 23 of the Meridian Comprehensive Plan: Land Use Residential Policies: 2.2U, 2.3U, and 2.4U. 18.There are no significant or scenic features of major importance that affect the consideration of this application. 19.Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed which restrict the use and development of the subject real property under the R-4 zoning procedures. 20.It is found that if the developer pays for the requested improvement and complies with the conditions set forth in these findings of fact, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-010 0 21.It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, and with the Comprehensive Plan and 'will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors, and can best be handled by requiring a development agreement which contains development conditions as is set forth herein in the Decision and Order. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1.The applicant's request for annexation and zoning of approximately 150.79 acres to Low Density Residential (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2.The application is for annexation and zoning of 150.79 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 16 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-01O Resolution No. 158. The legal description for anne;xation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3.Owner and Developer are required to enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of development and use which govern the subject real property as follows: 3.2 3.3 3.1 Development, use and maintenance for single-family residences and public recreational use in accordance with Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, in the companion application for Preliminary Plat PP- 99-010, except as is modified and conditioned by the City Council in the platting process. The owners of Lot 1 will construct a public park with a functional irrigation system in accordance with the City Parks and Recreation Department and Public Works Department specifications and seed the same into grass and construct a parking lot on the east side of said park for said park at the location designated in Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, in the companion application for Preliminary Plat PP-99-01O for Lot 1 which is shown as 18.62 Acres "City of Meridian Park" therein. The owners of this Lot 1 have indicated their desire to donate' this Lot 1 to the public as a park. The Developer shall pay for improvements to the Ten Mile Sewer as set forth to accommodate this development, that is 326 homes, and required in the platting process. The Developer and the City shall enter into a "latecomers" agreement wherein the cost of any capacity created by the Developer in the Ten Mile Trunk Line above that necessary to accommodate this development will be collected from any "latecomer" developments who utilize that capacity. Said agreement shall have a term of 15 years. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC CASE NO. AZ-99-010 Developer shall pay an additional sum of $1 ,300.00 per lot which sum shall be paid by the Developer in one lump sum in connection with the recordation of each plat of the development as and for a Trunk Construction Fee for the Black Cat Connector which will eventually serve the subject property, which sum is estimated to be the Developer's proportionate share of the total cost of the Black Cat Connector. The City shall assess such additional sum in connection with the grant of a building permit for any and all residential lots within the Black Cat Connector service area, so that future developments shall be on the same footing with applicant and will be assessed a connector fee. 3.4 A decorative noncombustible fence will be installed along that portion of Lot 1 that borders the other lots. No gates in the fence will be allowed between Lot 1 and the bordering lots. 3.5 Applicant shall coordinate with the Public Works Department regarding the routing and sizing of sewer lines within the subdivision in order to accommodate future sewer connections upstream from the development. The City shall be responsible for the cost of up sizing any sewer lines to accommodate future sewer connections. 4.The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District (Meridian City Code § 11-7-2 C). 5.Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-6-1 in accordance ,vith the provisions of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-010 annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the anne..xation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / g.r!:- day of 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED a/J,¡¿d- COUNCILMAN KEITH BIRD VOTED -#-A...- COUNCILPERSON TAMMY deWEERD VOTED-$/A....- COUNCILMAN CHERIE McCANDLESS VOTED$tt....- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-010 MAYOR ROB~ D. CORRIE (TIE BREAKER) DATED: (8 -co VOTED- MOTION: APPROVED:~ DISAPPROVED:- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Brdk~ J ~ aCityOerk . .Dated: msglZ:\ Work\MlMeridian lS360MlBear CreeklAZFfCls041100Revisions FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEK, LLC CASE NO. AZ-99-010 ADA CDUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/30103 11:06 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT ,00 OCTOBER 200j ADDENDUM TO DEVELOPMENT AGREEMENT DATED AUGUST 5, 2003 1111111111111111111111111111111 111111 103184138 The following is an October 2003 Addendum to that certain Development Agreement by andbetweentheCityofMeridian, a municipal corporation of the State ofIdaho, and Bear Creek,LLC., whose address is PO Box 344, Meridian, Idaho 83680, and which DevelopmentAgreementisdatedthe5thdayofAugust, 2003, and this Addendum entered into this 2/.tp day of October, 2003, specifically is subsequent to the entering into of the original DevelopmentAgreement, and recorded in the Ada County Recorder's office as Instrument No- 103137113.This October 2003 Addendum specifically pertains to the Exhibit "A" Legal Description Of Property. The parties hereto agree as follows: A. The Development Agreement dated August 5, 2003, as it pertains to Exhibit "A"Legal Description Of Property, is amended to read: EXHIBIT "A" Leeal DescriDtion Of ProDertv A parcel ofland located in the NE \4 ofthe SE \4 of Section 24 T.3N., R.1 W. and the NW 4 of the SW \4 of Section 19, T.3N., R.IE., B.M., Ada County, Idaho more particularlydescribedasfollows: BEGINNING at the \4 corner common to said Sections 19 and 24 ITom which theSEcornerofsaidSection24bearsSouth00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East,70.00 feet to a point on the East right-of-way line ofMeridian Road (State Highway 69); thence along said East right-of-way line South 02°00'09" West, 191.70 feet; thence North 89°04'23" West, 131.39 feet to a point on the West right-of-waylineofMeridianRoad (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01" West, 1217.23 feet to a point on the West boundary line ofthe NE \4 of the SE \4 of said Section 24; thence along said West boundary line North 01 °01 '59" East, 159.90 feet; thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek - AZ-99-01 0) PAGEIOF3 thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. B. Except as modified by this Addendum, the Development Agreement between the parties dated August 5, 2003, is hereby ratified and confinned. IT IS SO AGREED. DATED AND SIGNED this 2/fP day of tPch6~2003. ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. DEVELOPER: BEAR CREEK, L.L.C., BY~g J so CITY OF MERIDIAN ATTEST: Þ~9- October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek - AZ-99-010) PAGE 2 OF 3 STATE OF IDAHO, ss: County of Ada, On this ~ day of October, 2003, before me, a Notary Public, personally appearedGregJohnson, member of Bear Creek, LLC., known or identified to me to be one ofthemembersoftheLimitedLiabilityCompanywhoexecutedtheinstrumentandthemember whoIbsCPibrd.ß.aid Limited Liability Company and acknowledged to me that such LimitedLiabilityþOOn~~;::xecuted thesame.l~~eeee" . "'. '\f;;¡l ~þ.RY .\~~0 .:.d ~ ....'" cdæSP.Äl<\V" lJ] ¡ f'""," .'",,$ eeeeeeeeee" <$ .~1']' A TE O~ "",STATE OF IDAHO,)M~f A.' ç>f~Notar Public for Idalio Residing at: '?fi:;u".,O,~ ~~to My Commissi n Expires: .10 oP ss:Countyof Ada, )YldDOnthis ~ day ofc..tvVw-v , 2003, before me, theundersigned,a Notary Public, personally appeared . d William G. Berg, Jr., knownoridentifiedtometobethe . ~ It8<er , respectively, ofthe City of Meridian, who executed the instrumentor~-~~h ß'a executed the instrument on behalf of said City, and acknowledged to me that such City executed the same.SEAL)Q_K~ð.:... O'f.~¡..'~.. íì : tJBI.:~ç.~~...1j¡- ıF~~.hM rn ~ +L Notary Public for Idaho s~~~ e~~:-: Combf-'Z:\WmkIMIMeridianIMeridian 15360MIBearCreek\OctobeJ2003 ADDEND to Dev Agmt Aug 5 OJ ,doc October 2003 Addendum to Development Agreement Dated August 5, 2003 (BearCreek- AZ- 99-010)PAGE 3 City of Meridian Well 22 Treatment Facility Page | 1 City of Meridian Well 22 Pumping Facilities – Existing 1. South Elevation 2. Northeast Corner City of Meridian Well 22 Treatment Facility Page | 2 3. Northeast Corner (wider view) 4. West Elevation (from Stoddard Road) City of Meridian Well 22 Treatment Facility Page | 3 5. Parks Access Road to Maintenance Building 6. Aerial Existing Well 22 REC R O-RlrQQ S of eta ^ D-WI T Y R rO 0 1 IcC ii:: i KV^ V FEE DEP oI DE 31 AM 10: 42 101 1391 19 DEED OF GIFT THIS DEED OF GIFT is made this 20day of December, 2001, between Robert R. Bass and Dana Bass, as to a Twenty-two and one-half percent (22'/2 %) undivided interest, R. Craig Groves and Rebecca Lynn Groves, as to a Twenty-two and one-half percent (22'/2 %) undivided interest, Gregory B. Johnson and Heidi M. Johnson, as to a Forty-five percent (45%) undivided interest, and Timothy J. Taylor and Jolene Taylor, as to a Ten percent (10%) undivided interest (collectively "Grantor") and City of Meridian, whose current address is 33 East Idaho, Meridian, Idaho 83642 ("Grantee"). WITNESSETH: Section 1. Conveyance. AS A GIFT to Grantee, Grantor does hereby grant and convey to Grantee all of the real property located in the County of Ada, State of Idaho, described on Exhibit A, attached hereto and made a part hereof (hereafter, the "Property"), to be used as a public park. TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, but excluding, all water, water rights, ditch and ditch rights and water storage and water storage rights. This conveyance by Grantor to Grantee is made subject to the following: 1. All such taxes and assessments, including liens and assessments of any irrigation district for the year 2001, and before shall be paid by Grantor. 2. Easements and rights-of-way for roads, ditches, utilities and other purposes and uses, which easements and rights-of-way are of record or visible upon a physical inspection of the Property. 3. Exceptions, reservations, terms, covenants and conditions of record; provided, however that Grantee shall not be subject to the Declaration of Covenants, Conditions and Restrictions for Bear Creek Subdivision recorded September 10, 2001 as Instrument No. 101093428 in the records of Ada County, Idaho; and further, Grantee shall not be a member of the Bear Creek Subdivision Homeowners' Association, nor subject to assessments thereof. 4. All maintenance of the Property shall be undertaken by the Grantee, and Grantee shall maintain the Property and all fixtures and equipment in satisfactory park -like condition. Section 2. Acceptance. By its acceptance below, Grantee shall be deemed to have accepted and agreed to comply with the conditions and restrictions set forth in this Deed of Gift. DEED OF GIFT -1 Bear Creek, LLC Word V. of Gift Deed to Meridian IN WITNESS WHEREOF, Grantor has caused their names to be subscribed this Wtday of December, 2001. 4ftA- &9,14, Dana Bass Z R.'Craig Woves DEED OF GIFT - 2 Bear Creek, LLC Word V. of Gift Deed to Meridian STATE OF IDAHO ) ss. County of Ada ) On this all) day of December, 2001, before me, a Notary Public in and for said State, personally appeared ROBERT R. BASS and DANA BASS, husband and wife, known to me to be the persons who signed the within and foregoing document and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF County of, Notary Publi r Idaho Residing at — My commission expires: D G9 On this day of December, 2001, before me, a Notary Public in and for said State, personally appeared R. CRAIG GROVES and REBECCA LYNN GROVES, husband and wife, known to me to be the persons who signed the within and foregoing document and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. PG-1.. .w..;Rt °'•. TA, c STATE OF IDAHO=. P IY B L" • J, ••. •••• Oz+ • County of Ada Notary Public f Idaho Residing at a" - My commission expires: IF On this a0 day of December, 2001, before me, a Notary Public in and for said State, personally appeared GREGORY B. JOHNSON and HEIDI M. JOHNSON, husband and wife, known to me to be the persons who signed the within and foregoing document and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 4.•••......•. 0%O o°o atkOTARyfir' .. Notary Public for Idaho Q^"`- e Residing at AUB LAG a My commission a Aires: 9 DEED OF GIFT - 3 TF 0 r' 110 Bear Creek, LLC Word V: of Gift Deed to Meridian STATE OF IDAHO ) ss. County of Ada ) On this o)Q_ day of December, 2001, before me, a Notary Public in and for said State, personally appeared TIMOTHY J. TAYLOR and JOLENE TAYLOR, husband and wife, known to me to be the persons who signed the within and foregoing document and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 2 •. OTARr ; AUBLZG .•_ •' Notary Public for Idaho Residing at My commissio expires: DEED OF GIFT - 4 Bear Creek, LLC Word V. of Gift Deed to Meridian ACCEPTANCE CITY OF MERIDIAN, by its execution below, hereby accepts the terms of the foregoing Deed of Gift, and agrees to accept title to the Property subject to the conditions, restrictions set forth therein, and agrees to comply with the same. DATED this AS' day of '2001. CITY OF MERIDIAN, a political subdivision of the State gf,WahP ,,,, By AO- Title:-" eSfel . STATE OF IDAHO ) `, Qy" , County of Ada On this 29" day of ce 6tr 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared eA- rr' c , known or identified to me to be the N\av o r of the CITY OF MERIDIAN, the municipal corporation that executed the instrumerif or the person who executed the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificatkfYStfN prlitten. titer t4OTARri pVBLiG tel a 8 OF 19t';' NotPu lic for Id ho Re idin t rf i 1.ti My 6oafmission expires: d .20 EXHIBIT A Lot 2 in Block 8 of BEAR CREEK SUBDIVISION NO. 1, according to the official plat thereof, filed in Book 82 of Plats at Pages 8984 through 8987, as Instrument No. 101082385, Official Records of Ada County, Idaho. DEED OF GIFT - 6 CAWINDOWSUEMMORD V. OF GIFT DEED TO MERIDIAN.DOC PLAT OF ltinsh" I of o8 23 8S Gook 82, PP. 8151—$9$ o UNPLATTED BEAR CREEK SUBDIVISION NO. I A PORTION OF THE E 1/2 OF SECTION 24 T.3N., R.1%, B.M. MERIDIAN, ADA COUNTY, IDAHO 2001 100 50 0 100 200 300 SCALE IN FEET Jr E S 00'00'C qAl5AS22 S 00'00'00"E 158.77' =45 04 LINE DATA - SEE SHEET 2 OF 4 J DATA - SEE SHEET 3 OF 4 .,1 • S oOoolI91Y 13322' 00gj1 f 6aF. S OO•E-192.2, 5 15 NOTES 1. UNLESS OTHERWISE SHOWN, ALL LOTS ARE HEREBY DESIGNATED AS HAVING A PERMANENT EASEMEPUBLICUTILITIES, STREET LIGHTS, IRRIGATION, AND LOT DRAINAGE OVER THE TWELVE (12) FEET HuuH i / I % & TO ANY PUBLIC STREET, UNLESS OTHERWISE NOTED. THIS EASEMENT SHALL NOT PRECLUDE THE CONSTRUCTION OF HARD -SURFACED DRIVEWAYS AND WALKWAYS TO EACH LOT. / U I LOT 2 2. BUILDING SETBACKS AND DIMENSIONAL STANDARDS IN THIS SUBDIVISION SHALL BE IN COMPUANCE WITH / Q'O THE APPLICABLE ZONING REGULATIONS OF THE CITY OF MERIDIAN WITH EXCEPTION OF THE FRONT YARD / 2 / YV hSETBACK, WHICH SHALL BE 20 FEET MEASURED FROM THE BACK OF SIDEWALK, OR 22 FEET MEASURED FROM THE RIGHT-OF-WAY. / S 3. ANY RE -SUBDIVISION OF THIS PLAT SHALL COMPLY WITH THE APPLICABLE ZONING REGULATIONS IN EFFECT Z 1 AT THE TIME OF THE RESUBDIVISON. 1 4. THE DEVELOPER AND\OR OWNER SHALL COMPLY WITH THE IDAHO CODE SECTION 31-3805 OR ITS PRO4. VISIONS THAT APPLY TO IRRIGATION RIGHTS. /p 726g'-\ \ 5. UNLESS OTHERWISE SHOWN OR DESIGNATED, EACH SIDE OF TIE INTERIOR LOT LINES HAS A FIVE (5) FOOT /ry 2g'0 32 Z PERMANENT EASEMENT FOR PUBLIC UTILITIES, IRRIGATION AND LOT DRAINAGE. / T1 81 6, MAINTENANCE OF ANY IRRIGATION OR DRAINAGE PIPE OR DITCH CROSSING A LOT IS THE RESPONSIBILITY / / w 8 OF THE LOT OWNER UNLESS SUCH RESPONSIBILITY IS ASSUMED BY AN IRRIGATION/DRAINAGE ENTITY. 1D 7. BOTTOM OF BUILDING FOOTINGS SHAD_ BE A MINIMUM OF 12 INCHES ABOVE THE ESTABLISHED NORMAL / / _ N q1 HIGH GROUNDWATER ELEVATION. / 3 1 7'31„ W m1 S. ALL BUILDABLE LOTS IN THIS SUBDIVISION ARE FOR SINGLE-FAMILY DWELLINGS ONLY. EACH SINGLE- / T •00' FAMILY STRUCTURE SHALL CONTAIN A MINIMUM OF 1,400 SQUARE FEET, EXCLUDING GARAGE. 11 ,1 9. RESTRICTIVE COVENANTS ARE IN EFFECT FOR THIS SUBDIVISION. 1 10. THIS SUBDIVISION IS SUBJECT TO THE TERMS OF A DEVELOPMENT AGREEMENT RECORDED AS 2 N 1 INSTRUMENT NO. 10005771, RECORDS OF ADA COUNTY, IDAHO. i ( S 00' S1 45" WS86'52'05'E 11. LOT 2, BLOCK 8 IS TO BE CONVEYED TO THE CITY OF MERIDIAN FOR A PUBLIC PARK. HEAVY 0' 5 MAINTENANCE OF THE STORM DRAINAGE FACILITIES LOCATED ON SAID LOT SHALL BE THE I 7 N 89'08'07 I ENT AREARESPASDELITY OF LINEATEDAT DH ON THISEADAOPLATYISI ALSO COGHWAY IVEREDTBY AN EASEMENT. THE STORM AFORGPUBLICUTILITIES, la M o 12 M 9.95' I16RRIGATIONANDLOTDRAINAGE. I N w 00 I S 00.51'53'W I 12. LOT 1, BLOCK 1; LOT 1, BLOCK 2; LOT 6, BLOCK 3; LOT B. BLOCK 4; LOTS 4 & 9, BLOCK 5; Irl 3 S 00' 51.45" W 130,00' I LOT 7, BLOCK 6; LOTS 1, 11, 14, AND 19, BLOCK 9; LOT 1, BLOCK 10; LOT 1; BLOCK 11; g o —134. '- BLOCK .J8 gI BLCK 15; LOT 1, BLOCK 16; AND LOT 1, BLOCK 17 ARE24, BLOCK 12; LOT 1, BLOCK 13; TNON- BUILDABLEOL0T5TS 1 TO BEAND9. Ig$ o, 0 10" u. o in o ryl OWNED AND MAINTAINED BY THE BEAR CREEK SUBDIVISION HOMEOWNER'S ASSOCIATION, OR I= a DO 13 Qi mn _ ITS ASSIGNS, AND SHALL BE USED FOR LANDSCAPING, PUBLIC UTILITIES, AND HOMEOWNER'S n 1 o gl PEDESTRIAN ACCESS. SAID LOTS ARE COVERED BY A BLANKET EASEMENT FOR PUBLIC I QO m to NANC 10' 4 00'45'52"W 448.76' 00' 1006' 00"E UTILITY CONSTRUCTION AND MAINTE E. iF---------------- SE01*51'4S5W 11 N00'5132296.74' p3 103.13' I5.74 o I I 275 99 S oa'0aao 14603J I I I 8 7z.00' 0 I I oo 00 ti m I N STORM ORNNAC£ ANOIRR017XNd EASEMENT I I LL I( Z LOT 2 I SEENOTES /17 & 13 0) ° WAk MD?IMN IRRrAWN bS'7R/CT EASEMENT EORWbVNa%W - ausm. Na. 101012210 I I I LOT 2 I o = pp 4 MT ANTE/14 I2 I I N J_ I----------------------------- I f SEE DETAIL I 1- I LU41 SH. 3 OF 4 I sl 00' 51' 45" W wS00'51'53" W 791.88' 849.57' 1 337.90' I 128 28' wto113.2'.` rye 849.71' e— 200.09' S. STODDARD RD. C 114 CORNER I Foun Alum. Cop C.P.&F. Nos. 78555328215832 K 5; LOTS 11 & 19, BLOCK 9; LOT AND PORTIONS OF LOTS 7 & 8, i 4, 5, 6, 7, 12 & 21, BLOCK 9, AS IAGE EASEMENT IN FAVOR OF THE E FACILITIES. SAID EASEMENT SHALL FENCES AND TREES) WHICH MAY AD- M WATER FACILITIES. 1 SHALL NOT PLANT TREES WITHIN 8 SHALL NOT PLANT TREES WHOSE BEAR CREEK, LLC BRIGGS ENGINEERING, INC. T EASEMENT. Developer Consulting Engineers I nTc i? no 91 PI nCv Q rrN'Cr 11 I I ' O,rAw 4' 9T01 x 4 L E. Q Well 22 Vicinity Map CI T Y O F M E R I D I A N - W E L L # 2 2 T R E A T M E N T F A C I L I T Y 2250 S. STODDARD RD . NORTHEAST VIEW SOUTHWEST VIEW NORTHWEST VIEW SOUTHEAST VIEW NORTHWEST VIEW AMERISTARFENCE.COM | 888-333-3422 PR I M A R Y AP P L I C A T I O N S Montage Commercial steel fences have redefined the commercial fence industry with strength that matches the level of security demanded. In the past commercial fencing was defined as a chain link fence with three strands of barbwire, today Montage Commercial ornamental fences are the standard for security fencing. 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