Cherry Lane Project Addendum MI 03-005
ADA CDUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05123103 12:00 PM
DEPUTY Michelle Turner
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
30
1111111111111111111111111111111111111
103085230
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SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (RZ-OO-OO8)
The following is a Second Addendwn by and between the City of Meridian, a
municipal corporation, and Oakwood Enterprises, LLC, by and through its Manager,
Heartland Townhomes Property Management, LLC, John A. Laude, Sr., to that certain
Development Agreement between the City of Meridian, a municipal corporation and
D.D.&F., an Oregon general partnership, dated March 10, 1998, and the First Addendwn
to the Development Agreement between the City of Meridian, a municipal corporation
and D.D.&F., an Oregon general partnership, dated June 5, 2001, which are subsequent to
the entering into of the original Development Agreement dated March 10, 1998, and
recorded April 6, 1998 in Ada County Recorder's office as Instrwnent No. 98031450,
and the First Addendwn to the Development Agreement dated June 5, 2001, and recorded
in Ada County Recorder's office as Instrwnent No. 101060907.
The parties hereto agree as follows:
RECITALS
1.
The Agreement was originally entered into by and between the City and
D.D.&F., an Oregon general partnership (D.D.&F.). A copy of the
Agreement is attached as Exhibit I. The Agreement affected development
of that real property described in Exhibit I hereto (Original Property).
2.
A First Addendwn to Development Agreement Modifying 2a-e on Page 2
and Addendwn to Exhibit "B" (First Addendwn) was also executed by the
City and D.D.&F. A copy ofthe Addendwn is attached as Exhibit 2.
3.
The Agreement required development, by conditional use permit, of 8.05
acres of the Original Property with an assisted living facility and senior
housing. Agreement, Paragraph 2.a., p.2. The Addendum provided for
revocation of the conditional use permit and the development of 5.17 of
the 8.05 acres with a residential subdivision, leaving 2.88 acres zoned
Office-Light (LO). Addendwn Paragraph 2.2, p.1. The City revoked the
conditional use permit and D.D.&F. proceeded to develop the 5.17 acre
parcel with a residential subdivision.
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT
MI-O3-005
PAGE 1 OF7
4.
Oakwood is the successor in interest to the 2.88 acres zoned LO. A copy
of the deeds showing the chain of title is attached as Exhibit 3 (Oakwood
Property).
5.
The City and Oakwood desire to clarify the conditions of the Agreement
and Addendum as they pertain to the development of the Oakwood
Property.
NOW THEREFORE, the parties hereby agree as follows:
1.
All other terms of the Agreement and Addendwn notwithstanding, the
Oakwood Property shall be known and considered to be LO and subject to
the conditions and requirements of that zone.
2.
Oakwood agrees to develop the Oakwood Property subject to all
conditions and all current ordinances pertaining to development of
property zoned LO.
3.
The following paragraphs ofthe Agreement shall be deemed to not pertain
to the Oakwood Property, and said following paragraphs are hereby
deleted from the Agreement:
Paragraphs 2.a., 2.b., 2.c., 2.e. and 3 are deleted.
2.a. Deyelop 8fld eeHstraet 8fl &soisted Ji'¡iHg faeility and gooier
heasiRg eR 8.05 aeros eftho pfÐpart)'.
2.b. Sabmil Ie the CITY &wlieatioo fer eeHEiitienal use. . .
2.e. Ðe'iøl8j3 and eeRstruel siRgle family resid8f!tial liHits 8fld
dedieate park land. . .
2.e. CeRstrael eRly sfRgle family heases aRd reotriel to 1,10(;) s"l. ft.
ef fleer SfJaee. . .
3. Property te be zeRed R 1 'lfÎthlet sizes at least 8,000 sq. ft.. . .
From the Exhibit "B", Paragraph 17 shall be retained and not deleted from
the Agreement, and the applicant shall be required to comply as follows:
17.
Developer shall construct and install a PI system, not
including a separate pwnp system., utilizing surface irrigation
water, and any proposal for a supplementary connection from
the CITY's water system will be reviewed closely by the
CITY.
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT
MI-O3-005
PAGE 2 OF 7
From the Exhibit "B", Paragraphs 20, 21, 22 and 26, as shown below, are
hereby deleted.
20.
21.
22.
Devel8j3er shall provide mini- five feet wide sidi!'lla,\k
behveæ the 12' fire l8fle 00 the east side ef the proj eat to
the H!o8flderiRg sidewlilk show£ to the seuth.
Di!'/eloper shall dedieate a 1.6 asre pablie park. . .
Devel0per shall eoRstraot full street sootieR of Chateau
~
From the Exhibit "B", Paragraph 26, as shown before, the applicant shall
comply as noted after paragraph 26 as follows:
26.
Developer shall meet all representations made by applicant
during the public hearing process. . . (Staff agrees to strike
only those representations that pertain to property not
owned by Oakwood Enterprises, LLC. Any
representations that apply to the Oakwood Property
and are applicable to an L-O project remain in effect.)
The following paragraphs of the First Addendwn Amendments shall be
deemed to not pertain to the Oakwood Property, and said following
paragraph are hereby deleted from the Agreement:
2. (pg. I) CoRditioRs peftænmg to the de</eI0pH!ellt of
Di!';liR Plaee No.2.
1.3
The æÜotiBg CUP mast be rovoked and permit
holder (D.D. & P.) te Be Rotified. . .
1.9
1.12 These f01if eefleJi.tieHS pertain to ,^.CHD's
eofiditi0Ho fer røadways illternal to Devlin
Sabdi'lÍsioH.
The following from the First Addendwn Amendments, Paragraph 1.4 shall
be retained and not deleted from the First Addendwn Amendments, and
the applicant shall be required to comply as follows:
1.4
Any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled
per City Ordinance.
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT
MI-O3-005
PAGE 3 OF 7
B.
Additionally, the applicant shall be required to comply with the below
Recommendations as follows:
Adopt the Recommendations of Settlers' Irrigation District as follows:
1. The District requires Settlers Canal and easement to be protected
near the southern boundary of the proposed development along Cherry
Lane.
C. Adopt the Recommendations of the Ada County Highway District from
their April 7, 2003 letter as follows:
D.
1.
If the Site Plan or use should change in the future, ACHD will
review the Site Plan and may require improvements to the
transportation system at that time.
2.
Prior to the construction or installation of any roadway
improvements (curb, gutter, sidewalk, pavement widening,
driveways, culverts, etc), a permit or license agreement must be
obtained from ACHD. In addition to any costs associated with a
permit or license agreement, a roadway impact fee will be assessed
by ACHD and will be due prior to the issuance of a building
permit.
3.
In accordance with ACHD's standard requirements, the applicant
shall:
'" Meet District drainage requirements,
'" Replace or repair any damaged curb, gutter and sidewalk
(as determined by Construction Services),
'" Bear all costs for the relocation of utilities associated with
improving street frontages,
'" Contact the District's Utility Coordinate or Construction
Services Department in regard to all utility street cuts to
determine if the pavement is less than five years old.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.
Provide a fire-flow as required by the 1997 Uniform Fire Code
Appendix ill-A. Show all proximity hydrants within 500' of the
project on the resubmitted plat.
2.
All corners will have to have 28' inside radius and 48' outside radius.
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT
MI-O3-005
PAGE 4 OF 7
4.
5.
3.
The proposed buildings & uses shall comply with the 1997 Uniform Fire
Code.
4.
Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian for water
quality.
5.
Final approval of fire hydrant locations shall by the Fire Department.
6.
All fire lanes shall have a 20' wide unobstructed driving surface. UFC
902.2.1
7.
Provide an approved twn around for any street which exceeds 150' in
length.
8.
That a fire-flow of 1,000 gallons per minute shall be available for
duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix llI-A
9.
Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2 & 901.3
10. The roadways shall be built to Ada County Highway Standards and
have a back-to-backmeasurement of36'. UFC 902.2.1
11. All radii shall be 28' inside and 48' outside radius.
It is agreed between the City and Oakwood that the development ofthe
Cherry Lane Project shall be fully incorporated into the original
development agreement with Oakwood Enterprises, LLC, and shall
include 2.88 acres with an LO zoning. Additionally, the conditions and
requirements within the original Development Agreement and the First
Addendwn, except as herein addressed above, shall be incorporated herein
as if set forth in full and shall apply to the Cherry Lane Project.
Any notices to be given pursuant to the terms of the Development
Agreement, First Addendwn or this Second Addendum pertaining to the
Oakwood property shall be sent to:
Oakwood Enterprises, LLC
114 E. Idaho, Ste. 230
Meridian, Idaho 83642
City of Meridian
33 E. Idaho Street
Meridian, Idaho 83642
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT
MI-O3-005
PAGE 5 OF 7
6.
Except as modified by this Second Addendwn, the Development
Agreement and the First Addendwn between the parties, is hereby ratified
and confirmed.
IT IS SO AGREED.
DATED AND SIGNED this IJ¡.!..,. day of
/JL tlq...,
V
,2003.
Attest:
/1;rJprvVUiC Ó'j ¿;,~ C&>~ 5"-/3-().3
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT
MI-O3-005
PAGE 6 OF 7
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On this ~ day of ~ ' 2003, before me, the dersigned, a
Notary Public in and for said State ofIdaho, personally appeared . and
William G. Berg, Jr., known or identified to me to be the~and City Clerk,
respectively, of the City of Meridian, who executed the ins ent or the persons that
executed the instrwnent on behalf of said City, and acknowl dged to me that such City
executed the same. 6~ eou"cJ¡ I'I-uìtled
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first ab~.r.r written.
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STATE OF IDAHO, )
STATE OF IDAHO, )
: ss:
County of Ada,
: ss:
Ítlir>n>/J '" e AltU?rd..
3 hM OÝ\ ~-t-k
Notary Public for Ifo
Residing at: ~i?l COINn.~ "ßcl a.Jw
Commission Expires: i-2. -0'5
County of Ada,
On this ~ day of W\o... y , 2003, before me, the undersigned, a
Notary Public in and for said State ofIdaho, personally appeared John A. Laude, Sr.,
!mown or identified to me to be the Managing Member of Heartland Townhomes
Property Management, LLC Manager of Oakwood Enterprises, LLC, who executed the
instrwnent or the person that executed the instrwnent on behalf of Heartland Townhomes
Property Management, LLC Manager of Oakwood Enterprises, LLC, and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal !!1~ß¡J¡¥, and year first above written.
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Residing at: N().YYlfO-.q --L6
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Z:\WorklMlMeridianlMeridian lS360MICherry Lane Project MI 03 OOSISECOND AMENDMENT TO DEVELOPMENr
AGREEMENr.doc
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
OAKWOOD ENTERPRISES, LLC - CHERRY LANE PROJECT
MI-O3-005
PAGE 7 OF 7
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ADA COUNTY RECORDER ci-tt
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FE~DEPUTY
98031450
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of March ,
1998, by and between the CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, party
of the first part, hereinafter called the "CITY", and D.D. & F.. an Oregon general Partnership, party
of the second part, hereinafter called the "DEVELOPER", whose address is 501 SE Columbia Shores
Boulevard, Suite 300, Vancouver, WashiDgton 98661. .
WlTNESSETII:
WHEREAs, DEVELOPER is the sole owner, in law and/or equity, of a certain tract ofland
in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this
reference incorporated herem as if set forth in fuD; and
WHEREAs, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6SIIA,
DeVelopment Agreements, which provides that cities may enter into development agreements with
developers upon rezoning orland; and
WHEREAS, the CITY has passed Ordinance 11-2-417 D, which authorizes development
agreements upon the-rezoning of land; and
WHEREAs, the DEVELOPER bas submitted an application zoning of that certain propertý
described in Exhibit "A", and of the 24.88 acres total, has requested zoning ofL-O for 8.05 acres,
with the rest of 16.83 acres to remain zoned R-4; and
WHEREAS, the DEVELOPER has consented to the submittal of preliminary and final plat
applications for 12.23 acres of the parcel for development as a single-få.mily residential subdivision
to be known as Devlin Place Subdivision which bas been approved with conditions outlined by City
staff and various agencies, as approved by the City Council on March 3, 1998; and
WHEREAs, the DEVELOPER made SOme representations at public hearings before the
Meridian Planning and Zoning Conunission and Meridian City Council as to how the land would be
developed and what improvements would be made; and
WHEREAS, the CITY bas authority to place conditions and restrictions upon iLnnexation or
rezoning of property; and.
3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page I
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WHEREAs, the DEVELOPER, as sole owner of said land, has requested a Conditional Use
Pemùt for the development of a 44-unit assisted living fàcility, with 16 units of Alzheimer's care; ten
garden apartments; a two-story, 106-suite retirement complex; and a city park. DEVELOPER has
submitted to the CITY site plans as to how the property might be platted, landscaped, barmed,
6ghted, access provided, and .ê1evations. .
c
WHEREAS, . the Findings of Fact and Conclusions of Law required that the DEVELOPER
enter into a Development Agreement; and
WHEREAS, the said City Council in the Fmdings of Fact and Conclusions of Law annexed
or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a
Development Agreement.
NOW, THEREFORE, IT IS HEREBy AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby. binds its heirs, successors and assigns to this agreement,
in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows:
1.
That the above recitals are contractual and binding and are incorporated herein as if
set forth in full, and the terms of this agreement cannot be altered, changed or
modified without the express written consent of the CITY.
That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A":
2.
a. Develop and construct an assisted living facility and senior housing on 8.05
acres of the property. .
b. - Submit to the CITY appJications for conditional use, and obtain the CITY's
approval thereo( prior to, and as a condition ot; the commencement of construction
ofany building(s) or improvements on the property, intended for senior housing or
other uses.
c. Develop and construct single-family residential units on 12.23 acres of the
property and dedicate 4.6 acres orland for a City park on the Subject Property as
presented to the CITY.
d. Submit a subdivision plat application of the property to the CITY to be
approved by the CITY and recorded in the Ada County Recorder's office prior to any
development.
e. The DEVELOPER or its successor shall only construct single-family houses
on the 12.23 acres orland, and a'l such single-family houses shall h8veat least one
thousand four hundred (UQQ) square feet of floor space, exclusive of garages, and
there shallbe no change to increase the IIUJ!1ber of lots or decrease the size oflots as
3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 2
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6.
shown on the approved final pJát, which is incorporated herein as if set forth in fùlI
herein.
3.
That the property zoned R-4 shall have lot sizes of at least eieht thousand (8.000)
square feet, wffich is the size represented at the City hearings, and shall meet aU of the
requirements of the ~ ZOne and allow no duplex units, townhouses, or patio homes
to be constructed on said property.
4.
That DEVELOPER. will IDe or cause to be med with the City Engineer, a complete
set of Improvement Plans "Improvement PJans" showing all streets, entry drives
entering the property ITom a public right-of-way, utilities, pressurized inigation
facilities, tiling and piping of ditches, fire hydrants, sewer, water, drainage, street and
other similar signing and barricades, and other such improvements contemplated
within the development, which Plans and all improvements shown thereon shaU meet
the approval of the City Engineer. Said ImproVement Plans are inCOrporated herein
and made a part hereofby reference.
It is agreed that the improvements to be constnJcted and installed by successor owners
which are located wholly within the boundaries of the lot (hereafter .On-Site
Improvements") are subject to the terms of this Development Agreement, and shall
be subject to approVal by the CITY in the nonnal course of the CITY's issuance of a
conditionaJ use or other permit and building permit for the construction of a buiJding
on such separate lot, with the CITY's remedy for faiJure to construct or install such
On-Site Improvements being as provided in the Ordinances of the CITY or the denial
of a Certificate of Occupancy with respect to the building constructed on said lot.
The faiJure of the owner of a lot within the property to cònstIUct or install the On-Site
Improvements on said lot shaU not aftèct or futerfere with the issuance of a building
permit or a Certificate of Occupancy with respect to any other lot within the property,
provided the owner thereof is in compliance with the terms and conditions of the
approvals granted for that lot by the CITY and/or the plans approved by the CITY
for the building constructed thereon.
That DEVELOPER. will. at its own eKpense, construct and install all sanitary sewers,
storm drains, utilities, pumping stations, water mains and appurtenances, fire hydrants,
curbs, gutters and sidewalks, pressurized irrigation system, tiling and piping of
inigation ditches, eJectrical transmission lines, natural gas lines, telephone lines, cross
drains, streets, street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Improvement Plans as reviewed and approved by the
CITY.
That DEVELOPER. will construct and install all such improvements in strict
accordance with a med and approved plat and Improvement Plans, and the City
Standartl Engineering Drawings and Standard Engineering Specificatio"1S current and
in efFect at the time thft. construction of said improvements is accomplished.
3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 3
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9.
10.
7.
C
That DEVELOPER will provide the City Engineer with at least fifteen (IS) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agreeS to
make such modifications and/or construct any temporary facilities necessitated by
such phased êonstructionwork as shall be required and approved by the City
Engineer. .
8.
That DEVELOPER will have "colT8Cted" original drawings of the Improvement Plans
of all said improvements prepared by a Registered Professional Engineer and will
provide the CITY with said Plans or a duplicate mylar copy of said Plans. The
Improvement Plans of the proposed improvements sha11 be "corrected" to show the
actUal constructed location (both horizontally and verticaBy) of the various water and
sewer lines, all utility lines, and pressurized irrigation lines and their individual
building service lines, the curb and gutter alignment and gràdes, etc. The "corrected"
Subdivision Improvement Plans shaJI include a "Certification" thereon, signed by the
Registered Proressional Engineer in charge of the work, that said Plans of the various
improvements are true and correct.
That DEVELOPER. wiD, immediately upon the completion of any such constructed
portion, portions, or the entirety of said development, notifY the City Engineer and
request his inspection and written acceptance of such completed improvements or
portion thereof.
That DEVELoPER agrees, that upon a finding by the City Council, duly entered in
the official minutes of the proceedings of the City Council, that a portion, or portions,
or the entirety of said improvements need to be completed in the interest of the health,
welfare and/or safety of the inhabitants Of the CITY, the DEVELOPER will
thereupon, within a reasonable time, construct said needed improvements, or, ifhe
does.not so construct within a reasonable time after written notification Of such
Council action, and the CITY thereafter detennines to constro(¡t, and does construct
such improvemem, or ÏDIprovements, the DEVELOPER will pay to the CITY the cost
of such construction, in such manner and under such terms as the CITY sha11 order,
after conference with the DEVELOPER. or attempted conference after notice to
DEVELOPER. Provided, however, the City Council shall not make the finding set
forth in this paragraph except at a regular or special meeting of the City Council and
unless the DEVELOPER. has been notified in writing of the time . and place of such
meeting at least three (3) days prior thereto and has been given an OPPortunity to be
present in person or by counsel, and to be heard on the merits of the proposed finding.
11. That DEVELOPER agrees that upon its having received written notification &om the
City Engineer, that any of the requirements herein specified have not been complied
with, that the CITY shall have the right to withhold the issuance of any Certificates
of Occqpan~ within such area and/or shall have the rigbt to withhold the providing
of culinary wsw service to any part, parcel, or portion of such lIDIIéxed Lea until
such tir..re as all requirements specified herein have been complied with; provided,
however, the DEVELOPER shall have the right to appear before the City Council at
3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 4
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14.
15.
(
any regular meeting after any Certificate of Occupancy or any water service shaI1 have
been withheld for reasOns Set forth in tlús paragraph, and shall have the rigbt to be
heard as to why such Certificate of Occupancy should. be issued or water service
allowed. The Council shall then decide whether said Certificate of Occupancy shal1
be issued or water service to said property allowed, and its decision shall be final,
except that the rights of the parties are preserved at law and equity.
12.
That DEVELOPER agrees that as security for the construction by the DEVELOPER
of the Project Improvements, the CITY shall require fi'om the DEVELOPER
irrevocableletter(s) ofcredit, cash deposit(s), certified check(s), or negotiable bond(s)
as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the
City of Meridian, and the CITY shaI1 have the right to withhold a building pennit with
respect to any lot within the property unti1 the same is provided by the DEVELOPER.
Said improvements shall include, but not be limited to, sewer, water, irrigation and
drainage piping, pressurized irrigation system, landscaping and benning, and fencing.
That DEVELOPER agrees that no C8(Pficates of Occupancy will be issued until all
improvements are completed, unless the CITY and the DEVELOPER have entered
into an addendum agreement stating when the improvements will be completed in a
phased development; in any event, ria Certificates ofOccuDancy shaI1 be issued in any
phase in which the improvements have not been installed, completed, and accepted
by the CITY.
13.
That DEVELOPER agrees, in recogriition of the unique and peculiar circumstances
relative to this development, to the special conditions set forth in Exhibit "B" attached
hereto and by this reference made a part hereof', and agrees to construct a perimeter
fence around the entire parcel prior to any construction, except where roadways and
streets for access are located and except where the CITY has agreed in writing that
such fencing is not necessary.
That DEVELOPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personal1y delivered or deposited in the United States
mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY of Meridian:
City Attorney
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
D.D. & F. c/o Brad Zuke
501 SE Columbia Shores Blvd. Suite 300
Vancouver WA 98661
A party shal1 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. The
pr.rties may at any time hereafter modifY or amend this Agreement by a subsequent
written agreement executed by the parties. This Agreement shall not, however, be
changed orally, nor shall it be deemed modified in any way by the act of any of the
, 3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 5
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18.
19.
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parties hereto. Nothing herein in intended, nor shall it be construed, as obligating a
party to agree to any modification to this Agreement.
16.
That DEVELOPER agrees to pay aU recording fees necessary to record this
Agreement with the Ada County Recorder's office.
17.
All covenants and conditions set forth herein shall be appurtenant to and run with the
land and shaD be binding upon DEVELOPER's heirs, successors or assigns.
This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
That DEVELOPER agrees to abide by aU ordinances of the CITY of Meridian and
the property shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shaD 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. .
DATED the date, month and year first appearing.
(SEAL)
(SEAL)
DEVELOPER:
D.D &F.
By~~
Name; P' G. Fo~ '
Title: Manl1llÍnø: General artner
. 3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 6
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STATE OF t.J""'-'--~ )
.
County of ~
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On this ~ day of ~ . 1998, before me, the undersigned, a Notary Public in
and for said State, personally appeared Philip G. Fogg , known, or proved to me, to be the Managing
General Partner ofD.D. & F., an Oregon general Partnership, whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
~W;t'fNEŠS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and yeariîliiíi¡¡ certÍÌieate first above written.
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STArE OF IDAHO )
ss.
County of Ada )
On this ~ day of f1..p,'J... . 1998, before me, the undersigned, a-Notary Public in
and for said State, personally appeared ROBERT D. CORRm and Wll..UAM 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
and year in this certificate first above written.
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PRESTIGE CARElDEVLlN PLACE SUBDMSIûN DEVELOPMENT AGREEMENT Page 7
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EXHIBIT A
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, The land referred to in !his Development Agreement is described as follows:'
BEGINNING AT THE SOUTHWEST CÓRNER OF THE EAST 1/2 OF THE soUTHWeST QlJARTëR OF
SEcnON 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO,
WHICH POINT IS THE REAL POINT OF BEGINNING;
THENCE NORTH 0 DEGREE 55' WEST 2659.7 FEET ALONG THE WESTERN BOUNDARY TO SAID EAST 1/2
OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO A POINT ON THE NORTHERN BOUNDARY OF
~DSO~QU~OFSAIDSECTION~
THENCE NORTH as DEGREES 39' EAST 414.73 FEET ALONG SAID NORTHERN BOUNDARY TO A POINT;
THENCE: SOUTH 0 DEGREE 55' EAST 2S62.2 FEET ALONG A UNE PARAU..a. TO SAID WESTERN
BOUNDARY OF ~D EAST 1/2 OF THE SOImiWEST QUARTER OF ~D SEcnON 2 TO A POINT ON
THE SOUTHERN BOUNDARY OF SAID EAST 1/2 OF THE SO~ QUARTER OF SAID SECTION ~
THENCEWESTëRLY 414.73 FEE!" ALONG SAID SOUTHERN BOUNDARY OF SAID EAST 1/2 OF THE
SO~ QUARTER OF SAID SECTION 2 TO THE REAL POINT OF BEGINNING. EXCEPT THE SOUTH
: 2S FEEr THEREOF.
AND EXCEPTING THAT POR110N, DEEDED TO THE ADA COUNlY HIGHWAY DISTRICT, BY DEED,
RECORDEDFEBRUARY14,1994ASINSTRUMENTNO:9401~.
END OF LEGAL DESCRIPnON
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EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
D.D.&F.
The DEVELOPER shall comply with the following conditions, including, but not limited:
1. Arr¡ existing irrigation/drainage ditches crossing the property to be included in this
project shall be tiled per City Ordinance 11-9-605.M, and plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department;
2. Any existing domestic wells and/or septic systems within this project shall be removed
from their domestic service per City Ordinanc~ Section 5-7-517;
3. A determination of the seasonal high groundwater elevation shaD be made, and a
profile of the subsurface soil conditions as prepared by a soil scientist shall be submitted with
the development plans;
4. Fife access and hydrant locations in accordance with the City of Meridian's Water
Superintendent and Meridian Fire Department policies shaD be coordinated and locations shall
be depicted on development plans;
5. Handicap parking, associated signage and building construction shall meet the
requirements of the Americans with Disabilities Act;
6. Signage shaD meet the requirements of the Uniform Sign Code and Meridian City
Ordinance and is subject to review and approval of the Planning & Zoning Department prior
to obtaining a sign permit;
7. Screened trash enclosures will be provided in accordance with City Ordinance, with
dumpsters at locations to not impede firefighters' access coordinated with the City's solid
waste contractor, Sanitary Services, Inc.;
8. All driveway and parking areas shaD be paved, with aD driveway accesses fÌ'om public
streets approved by the Ada County Highway District and aD other driveways approved by
the City;
9. A drainage plan designed by a State ofIdaho licensed architect or engineer shaD be
submitted to the City Engineer (Ord. 557, 10-1-91) for aD off-street parking areas, with aD
site drainage contained and dispose" of on-site;
, 3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 9
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10. Filling of the site IibaU be completed, ifneeded, to meet the City's minimum deliign
criteria for liewer line conlitruction;
II. Approval of this development is contingent upon the CITY's ability to accept the
additional sanitBJy sewage generated based upon the current evaluation of the treatment
capacity of the Meridian Wastewater Treatment Plant;
12. The designer of the development shall coordinate water and sewer main and line sizing
and routing with the Meridian Public Worb Department;
13. If the DEVELOPER desires the CITY to own and maintain the sewer mains, sanitary
sewer easements sbaU be dedicated to the CITY;
14. The DEVELOPER shall install the water mains and fire hydrants and then dedicate
to the CITY for ownenhip and maintenance, with easements dedicated to the CITY;
IS. The DEVELOPER shall provide parking lot lighting plans to the Meridian Public
Works Department and design illumination to not cause glare or adversely impact neighboring
residential properties, as determined by the CITY;
16. The DEVELOPER shall provide landscaping, with underground sprinkling and a
minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt and a
minimum 35-fOO! landscape setback on Cheny Lane, to meet the requirements of Ordinance
Section 11-2-414.D.2 and requirements of approved conditional use permit;
17. DEVELOPER shall construct and instaII a pressurized irrigation system utilizing
surtàce irrigation water, and any proposal for a IiUpplementary connection fÌ'om the CITY's
water system will be reviewed closely by the CITY;
18. For each phase of the development, DEVELOPER sbaU.instalI six-foot-high,
permanent perimeter fencing prior to obtaining building permits unless this requirement is
speciñcaUy waived in writing by the City.
19. DEVELOPER sbaU incorporate special design features to eIlIiUI'e privacy of adjacent
residential areas;
20. DEVELOPER shall provide minimum five-foot-wide sidewalk between the 12' fire
lane on the east side of the project to the meandering sidewalk shown to the south.
21. DEVELOPER shall dedicate a 4.6-acre public park site at the northern end of the
entire parcel prior to obtaining building permits;
22. DEVELOPER shall construct full street section of Chateau Drive to complete the
connection ûom Ten Mile Ruad;
, 3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENTPage 10
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23. DEVELOPER shalI construct curbs, gutters, sidewalks and streets to and within the
property;
24. DEVELOPER shalI pay any development; latecomer, impact or transfer fees adopted
by the CITY; .
25. DEVELOPER shall meet the requirements and conditions of the Findings of Fact and
Conclusions of Law and meet all Ordinances of the CITY, including, but not limited to, the
Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, and Fife and Life
Safety Codes;
26. DEVELOPER shalI meet all representations made by the applicant during the public
hearing procesS; and
27. DEVELOPER shalI comply with the comments, recommendations and requirements
of all City departments, Ada Couitty Highway District, Ada Planning Association, Central
District Health Department, Nampa-MeridiaIi Irrigation District, and Settler's Irrigation
District.
, 3~~
PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENTPage 11
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ADA COUNTY .;DRDER o' 0' .0.'0 0 '
J. OA\lIO NAVARRa b '.
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.2001JN21 PM 1:3810 I 060907
This sheet has been added to document
to accommodate recording information.
.-'0'00 .
. First Addendum to Development Agreement
Modifying 2 .. 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)
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FIRS1' ADDENDUM TO DEVELOPMENT 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
CI1Y OF MERIDIAN, a municipal corporation of the State of Idaho, party of
the first part, and D.D.&F., an Oregon general parmership, party of the
second part.
DANWOOD/D.W., INC., as assignee, has purchased property from D.D.&F., an
Oregon general parmership, which property contains 5.17 acres and is descn'bed in
Exhibit "A" attached hereto.
DANWOOD/D.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 ofland uses, and specifically adding additional conditions to Exhibit "B" 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 descn'bed in Exhibit "A":
1.
Develop and construct a single family residential development on
s.17acres of the property.
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. IfD.D.&:F.
has no objection, Council would direct the City Attorney to prepare
findings of fact and çonclusions oflaw to revoke the Conditional
Use Permit.
2.
3.
Develop and construct single family residential development on
5.17 acres of the property.
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.
4.
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 "S'
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houses on the 5.17 acres ofIand, 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 ofIots or decrease the size ofIots as shown on the
approved final plat, which is incorporated herein as if set forth in
full herein.
ADDENDUM TO EXHIBIT "B" DEVELOPMENT AGREEMENT
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.1
1.2
1.3
14
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 ofIand 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. Ii D.D. & F. contests the
revocation, a public hearing must be held. liD.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 irrigation/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 irrigation/drainage district, with
written confinnation 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 and/or 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"
Page2of7
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Provide five-foot-wide sidewalks in accordance with City
Ordinance.
L 7 All construction shall coDÍonn 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
L12
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 s-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"
Pagegof7
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1.16
1.17
1.18
1.19
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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 shaIl be in writing to the Planning
and Development Supervisor within six days of the action and
shall include a minimum fee of $uo.oo. 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 of Idaho shall prepare and certify all
improvement plans.
The applicant shall submit revised. plans for staff approval, prior to
FIRSr ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT 'B'
Page4of7
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1.20
1.21
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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 DlGLINE (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 continuation 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 the Recommendations of the Nampa 8t Meridian Irrigation District as follows:
1.22
L23
n.24
The Nampa 8t 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.
~ted and Signed this fJ.fJ1
,2001.
day of
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT 'B'
Pagesof7
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ATI'EST:
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Dan Wood, President.
Attest:
~MnL
. Secreahy,
STATE OF IDAHO, )
County of Ada
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On this 3 I day of M'W .2001, before me, the
unders~ed, a Notaly Public in and for said State, personally appeared Dan Wood and
Pi ¡(Ie. Wood known or proved tome, to be the
President and Secretaly of D.W., INC., an Idaho corporation, whose names are
FIRSl' ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "S"
Page 6 of7
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subscribed to the within instrument, and acknowledged to me that said corporation
executed the same.
. , ,"~.'¡;t "~ WITNESS WHEREOF, I have hereunto set my hand and affixed my official
':.~i.t;fi~'~)t..~dyear in this certificate first above written.
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Notary Public for Idaho
Residing
My Commission
STATE OF IDAHO, )
:ss.
County of Ada )
On this fj+!!.. dayOf~ . . 2001, before me, the
undersigned, a Notary Public in and r 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 an~J!hiI.certifi.cate first above written.
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FIRSI' ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "8'
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EXHmlT "A"
A parcel ofland 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 comer of Section 2, T -3N.,
R.IW., B.M., Ada County, Idaho; thence South 88°g8'gl" East, l.g26.75 feet along
the Southerly boundaIy of said Section 2 to a 5/8" iron pin marking the West
1/16th comer of said Section 2; thence leaving said Southerly boundazy North
00°1724" East, 344-01 feet along the West 1/16th line and also being an
extension of the Easterly boundazy 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 boundazy North 00°17'24"
East, 543.00 feet to a 5/8" iron pin marking 1:l\e Southwest comer 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'g6" East,
414.65 feet along the Southerly boundary of said Devlin Place Subdivision to a
5/8" iron pin marking the Southeast comer 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 boundazy North 89°42'36" West, 414.66 feet to the
REAL POINT OF BEGINNING.
FIRSr ADDENDUM TO DEVELOPMENT AGREEMENT
MODIFYING 2 a-e ON PAGE 2 AND
ADDENDUM TO EXHIBIT "B"
Page 8 of7
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Said parcel contains 5.17 acres, more or less.
FIRSr ADDENDUM TO DEVELOPMENT AGREEMENT
, MODIFYINGU-eONPAGE2ANÐ
ADDENDUM TO EXHIBIT 'B'
Page90f7
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. RECORDED~R U Sf Of'
ADA COUNTY RECOnOE.
JI},AVlfJÞ!A"VARRO \O"'-'I'óR 1.- ,
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2UU2SP3DP/'I4:1,3 102112882
API.."rComp.o"Y
PIONEER TITI.E COMPANY
OF ADA COUNTY
8151 W. RiflemanAve./Boise, Idaho 83704
(208) 377-2700
WARRANTY DEED
For Value Received David E. Leader, a mattied persoo and Herb C. Huskinson. a mmi,d p,rsoo
h,reioafter "f'/Ted to " Grantor, does b,reby gran4 bargain, sell, warraot and convey onto
Oakwood Enterprises, LLC
h,relnaDer refe/Ted (0 as Grantee. whoae CU/Tent address is 4 J 6 E. 1st St., Meridiau, 1D 83642
th, following described premises, to.wil:
SEE EXHIBIT A ATIACHED HERETO AND MADE A PART HEREOF,
To HAVE AND TO HOLD the mid premises, with Oleir appurtronances unto tl¡e said Grantee. his heh's
aod "signa forever, And the said Grantor does bereby covenaot to and with the said Grantee, 018t Grantor
is tlle owner hI fee simple of said premises; that said premises are fiee from all eocumbtaoces ,"cept
current years tDxes.levie,. Bod ""samants, and except U.s. Palent reservation~ restrictinn,. easements of
record, and essements visible opou Ole premises- and that Grantor will warrant and defend Ibe same from
all elaims whatsoever,
Dated: September 27, 2002
.zÞ-)-. c. ;z/~
Herb C. Huskinson
~
"" vld ;Lea ..::--/
STATE OF Idabo. CowltyofAda,ss.
On thiWI1 dsy of September, in Ibe year of2002. before me the undersigned, notary public
personally appeared David E, Leader and Herb C. Huskinsoo known or identified to me to be the
personlperao.. who.. nome is¡are subacribed to lire within insl111ment, and acknowledged to me th.t
helahe/they execuled the '.111'.
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Notary Public of Idaho
Rosiding "Narnpa
Commission expires: Mereh 9. 2006
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EXHmlT ,
All that certain real property situated in Secllr", 2, Township 3 North, Range I West, Boise
MeridIan. Ads County, Idahn. described a. fnllows:
A portion ofille West half of the Easthalfofthe Sonthwest Qnarter, being a purtion ofP8I~ell of
record ofSnrvey No, 3916. filed as Instrument No, 97047432, dated Inne 16. 1997, of Ads
County Recnrds fnriller described as follows:
CommencIng ela found brass cap monument m"king ¡he Southwest comer of Section 2 from
which a found bre.. eap monumen! marking the quarter cnrner of Sections 2 and II. be",
Soutb 88 degrees 38'31" Easl. 2.653,49 fee~ thence
South 88 dagrees 38'31" Eas~ 1,326,75 feet to aset 518 inch iron pin with cap stamped "G,A,
Lee. PEILS 3260" marking the West 1116 corner nod the South""st oomer ofSnnb...st
Subdivlston No, 2 a filed in Book 60 of Plats at Page 5894, Ada County. records; thence along the
West 1/16 line and East boundnry line of saId SnnbnrstSubdiylsion No, 2
North 00 degree 17'24" Eas~ 45,00 feetlo a set 518 inch iron pIn with "p stamped "G,A, Lee,
PEiLS 3260" m"king the Southwestco""r ofP"cel) on the North right of way of West Cherry
Lane and the Raal Point of Baglnnlog; thaoce oontinning along said West ]lt6line and East
bnundary lina of Sunburst Subdivision No, 2.
North 00 degree 17'24" E,,~ 842,01 reel to a set 518 Ineb iron pIn willI "p stamped "G,A, Lee,
PEiLS 3260" markIng the Nortbwesl comer of said Pa",el I ; thence
South 89 deg.... 42'36" E,,~ 414,65 feet to a aet 5/8 inch iron pin wIth "p stamped "G,A, Lce,
PE/LS 3260" m"king the Northeast cnmer of said Parcel I on the West boundary line of Sunny
Brook Fsrms No, 2 "filed in Book 46 ofPIsts st Page 3768. Ada Couoty reoords; thence along
Ibe Westbouodary lioe of said Sonny BronkFarma No. 2,
South 00 degree 17'24" Wes~ 149,90 feet to a found 5/8 inch iron pin with cap stamped "I-U-B"
althc Southwestco""r of said Sunny Brook Forms No.2; theoce along the West bouodary line of
Sunny Brook Farms No,1 as filed in Bnok44 of Plats atPsge 3609,
South 00 degree 17'24" Wes~ 699,84 feet to a set 5/8 inch iron pin with stamped "O,A. Lee,
PEILS 3260" markiog the SouUrea" comer of said Pareel I on Ure North right of way of West
Cherry Lanc; thence aloog tbe NorUI rigblofway of We" Cherry Lane
North 88 degrees 38'31"Wes~4)4,73 feel to the Soutbwestcol'Der of said Pa"elland the Real
Point of Beginning.
Les, ,od ..cepting therefrom the foliowiog describedproperty,
The North 543f..t of Parcel I of Record ofSnrveyNo, 39]6. ...corded Jnne 16. 1997"
Insttumeot No, 97047432. .aid Pareell being a portion ofdre Wesl half of the SouUrea,t Qnarter
ofthe Sonthwe" Quarter of Section 2, Townahip 3 North, Rellge I Wes!, ofUIe Boise Meridian,
Ada County Idaho,
Also los, nnd..cepting the following described property,
All IIlal certain real property situated in Section 2, Towllship 3 North, Range I West, Boise
Meridiao, Ada County, Idaho, deacribed.. follow"
A portion of the West half of the East hnIf of the Soutbwest Quarter lying Sontb of the following
des,oDed line:
Beginning at Ibe Southwest comer of Parcell ofReoord of Snrvey No, 3916 reoorded as
¡ns,",mentNo. 97047432. saId comer aiso being the Real Point of Beginning of said line. Urence
South 88 degrees 38'38" East 414.17 feet to Ibe Southe"tcornel' ofPareell, said corner being
the Point of Termlnn. of ,aid line.
Ex.h:b:~ "3" .:l~ d-