Devlin Place Subdivision No. 2 RZ
ADA CUUNT'( RECORDER c.-.
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First Addendum to Development Agreement
Modifying 2 a-e on Page 2 and
Addendum to Exhibit B
6-5-01
D. D. & F. an Oregon general partnership to Dan Wood I D. W., Inc.
(Devlin Place No.2)
J
FIRST ADDENDUM TO DEVEWPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
The following is an addendum to that certain Development Agreement between the
CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of
the first part, and D.D.&F., an Oregon general partnership, party of the
second part.
DAN WOODjD.W., INC., as assignee, has purchased property from D.D.&F., an
Oregon general partnership, which property contains 5.17 acres and is described in
Exhibit "A" attached hereto.
DAN WOODjD.W., INC. agrees to be bound by the terms of the original
Development Agreement, except as specifically modified at 2 a-e on page 2 to reflect the
change of land uses, and specifically adding additional conditions to Exhibit "8" therein
attached by this First Addendum to Development Agreement hereto.
2.
That DEVELOPER, in accordance with its representations before the
CITY, shall, on the land described in Exhibit "A":
1.
Develop and construct a single family residential development on
5.17 acres of the property.
2.
There is an existing Conditional Use Permit which must be revoked
by City Council in conformance with Section 11-17-9 of the
Meridian City Code. Council must notify the permit holder
(D.D.&F.) of their intention to revoke the permit and provide
D.D.&F. with the opportunity to contest the revocation. If D.D.& F.
contests the revocation, a public hearing must be held. If D.D.&F.
has no objection, Council would direct the City Attorney to prepare
findings of fact and conclusions of law to revoke the Conditional
Use Permit.
3.
Develop and construct single family residential development on
5.17 acres of the property.
4.
Developer submitted a subdivision plat application, which is Case
No. RZ-oo-oo8, and which plat will need to be approved by the City
and recorded in the Ada County Recorder's office prior to any
development.
5.
The Developer or its successor shall only construct single family
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
Page 1 of?
houses on the 5.17 acres ofland, and such single family houses shall
have at least one thousand four hundred (1,400) square feet of floor
space, exclusive of garages, and there shall be no change to increase
the number of lots or decrease the size of lots as shown on the
approved final plat, which is incorporated herein as if set forth in
full herein.
ADDENDUM TO EXHmIT "B" DEVEWPMENT AGREEMENT
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.1
1.2
1.3
1-4
1.5
The subject lot can be adequately served by public facilities and the
proposed uses will allow for orderly expansion of the city limits, as
this is an infill parcel.
The existing Development Agreement, Instrument No. 98031450,
must be modified as a condition of rezone. Specifically, items 2 a-e,
page 2, must be modified to reflect the change ofland uses.
The existing Conditional Use Permit must be revoked by City
Council in conformance with Section 11-17-9 of the Meridian City
Code. To do this, Council must notify the permit holder (D.D. & F.)
of their intention to revoke the permit and provide D.D. & F. with
the opportunity to contest the revocation. If D.D. & F. contests the
revocation, a public hearing must be held. IfD.D. & F. has no
objection, Council would direct the City Attorney to prepare
findings of fact and conclusions of law to revoke the Conditional
Use Permit.
Any existing irrigationj drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigationj drainage district, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling of
any ditches crossing this project.
Any existing domestic wells andjor septic systems within this
project shall be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
Page 2 of?
1.6
Provide five-foot-wide sidewalks in accordance with City
Ordinance.
1.7 All construction shall conform to the requirements of the
Americans with Disabilities Act.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.8
Street name signs and roads shall be installed before building is
started.
Adopt the Recommendations of the Ada County Highway District as follows:
1.9
1.10
1.11
1.12
1.13
1.14
1.15
Extend Gemstone Drive into the site at the east property line
between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect
it to Gemstone Drive at the west property line between Lot 13, Block
1 and Lot 13, Block 5.
Extend Higan Street into the site at the north property line as
proposed to connect to the proposed Gemstone Drive. Construct
Higan Street as a 29-foot street section as proposed, within 42-feet
of right-of-way with parking prohibited on one side. Parking shall
be restricted on one side of the roadway. A signage plan shall be
submitted for review and approval by Planning and Development
staff.
Any proposed landscape islands/medians within the public right-
of-way dedicated by this plat shall be owned and maintained by a
homeowners association. Notes of this shall be required on the
final plat.
Unless otherwise approved, the applicant shall be required to
construct all public roads, within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot wide concrete sidewalks
within 50-feet of right-of-way.
Construct the turnaround to provide a minimum turning radius of
45-feet.
Utility streets cuts in pavement less than five years old are not
allowed unless approved in writing by the District. Contact
Construction Services at 387-6280. (with file numbers) for details.
A request for modification, variance or waiver of any requirement
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
Page 3 of?
1.16
1.17
1.18
1.19
or policy outlined herein shall be made in writing to the ACHD
Planning and Development Supervisor. The request shall
specifically identify each requirement to be reconsidered and
include a written explanation of why such a requirement would
result in a substantial hardship or inequity. The written request
shall be submitted to the District no later than 9:00 a.m. on the day
scheduled for ACHD Commission action. Those items shall be
rescheduled for discussion with the Commission on the next
available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day
scheduled for Commission action do not provide sufficient time for
District staff to remove the item from the consent agenda and
report to the Commission regarding the requested modification,
variance or waiver. Those items will be acted on by the
Commission unless removed from the agenda by the Commission.
After ACHD Commission action, any request for reconsideration
of the Commission's action shall be in writing to the Planning
and Development Supervisor within six days of the action and
shall include a minimum fee of $110.00. The request for
reconsideration shall specifically identify each requirement to be
reconsidered and include written documentation of data that was
not available to the Commission at the time of its original
decision. The request for reconsideration will be heard by the
District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action,
the applicant will be notified of the date and time of the
Commission meeting at which the reconsideration will be heard.
Payment of applicable road impact fees are required prior to
building construction in accordance with Ordinance #193, also
known as Ada County Highway District Road Impact Fee
Ordinance.
All design and construction shall be in accordance with the Ada
County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all
improvement plans.
The applicant shall submit revised plans for staff approval, prior to
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
Page 4 of?
1.20
1.21
issuance of building permit (or other required permits), which
incorporates any required design changes.
Construction, use and property development shall be in
conformance with all applicable requirements of the Ada County
Highway District prior to District approval for occupancy.
It is the responsibility of the applicant to verify all existing utilities
within the right-of-way. Existing utilities damaged by the applicant
shall be repaired by the applicant at no cost to ACHD. The
applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD
right-of-way. The applicant shall contact ACHD Traffic Operations
387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
No change in the terms and conditions of this approval shall be
valid unless they are in writing and signed by the applicant or the
applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden
shall be upon the applicant to obtain written confirmation of any
change from the Ada County Highway District.
Any change by the applicant in the planned use of the property
which is the subject of this application, shall require the applicant
to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or
its successors in interest advises the Highway District of its intent
to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted
pursuant to the law in effect at the time the change in use is sought.
Adopt'lthe Recommendations of the Nampa & Meridian Irrigation District as follows:
1.22
1.23
11.24
The Nampa & Meridian Irrigation District's Rutledge Lateral
courses along the south and west boundaries of the above-
mentioned proposed project. The easement of the Rutledge Lateral
must be protected.
IT IS SO AGREED.
. . 1'- }I-I
~ted and SIgned this C:/ -
,2001.
day of
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
Page 5 oÍ7
ATTEST:
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Dan Wood, President
Attest:
~~~
Secreatry
STATE OF IDAHO, )
County of Ada
: ss.
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On this 31 day of Mew, 2001, before me, the
undersigned, a Notary Public in and for said State, personally appeared Dan Wood and
Pì tie. wood known or proved tome, to be the
President and Secretary of D.W., INC., an Idaho corporation, whose names are
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
Page6of7
subscribed to the within instrument, and acknowledged to me that said corporation
executed the same.
",<':IiN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
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My Commission
STATE OF IDAHO, )
: ss.
County of Ada )
On this 5-1!l day of ~ . 2001, before me, the
undersigned, a Notary Public in and or said State, personally appeared Robert D. Corrie
and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of
the City of Meridian that executed this instrument and the persons who executed the
said instrument on behalf of said corporation, and acknowledged to me that said City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day a~~.tt;i!æ~.~rtificate first above written.
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FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
Page7of7
\ \NPA_NTS40JDC\SERVER-Z\Work\M\Meridian\Meridian lS36oM\Devlin Place 2 RZoo8 PPo25\AddendumDevAgrnt.doc
EXHIBIT" A"
Aparcelofland being a portion of the Southwest 1/4 of Section 2, T.3N., R.IW.,
B.M., Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap marking the Southwest corner of Section 2, T.3N.,
R.IW., B.M., Ada County, Idaho; thence South 88°38'31" East, 1,326.75 feet along
the Southerly boundary of said Section 2 to a 5/8" iron pin marking the West
1/16th corner of said Section 2; thence leaving said Southerly boundary North
00°17'24" East, 344.01 feet along the West 1/16th line and also being an
extension of the Easterly boundary of Sunburst Subdivision NO.2 as filed in Book
60 at page 5894 of Plats, Records of Ada County, the REAL POINT OF
BEGINNING;
thence continuing along said 1/16th line and Easterly boundary North 00°17'24"
East, 543.00 feet to a 5/8" iron pin marking the Southwest corner of Devlin Place
Subdivision as filed in Book 77 at page 8079, Records of Ada County, Idaho;
thence leaving said 1/16th line and Easterly boundary South 89°42'36" East,
414.65 feet along the Southerly boundary of said Devlin Place Subdivision to a
5/8" iron pin marking the Southeast corner of said subdivision, said pin also
being on the Westerly boundary of Sunnybrook Farms NO.1 as filed in Book 44
at page 3609, Records of Ada County;
thence leaving said Southerly boundary South 00°17'24" West, 543.00 feet along
said Westerly boundary to a point;
thence leaving said Westerly boundary North 89°42'36" West, 414.66 feet to the
REAL POINT OF BEGINNING.
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
Page 8 of?
Saíd parcel contains 5.17 acres, more or less.
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
Page90f7