Turnberry Subdivision
. (j¡¡,i~ qJD&65t~
ICflgG. L f (J.. .b\ (".11p RECORDED-REQUEST OF ~
ADA COUNTY R. ECO. ROER DEVELOPME~A EMENT Qø/
J. DAVID "OAAYAHRORO FEE DEPUTY
BOISE. 1 - 'f-llt .
~!1 ,4.GREEMENT, maØlJIt1A~t5<S &6this / () - day of J ~€- , 1998,
1998 JL by8m1f~e1lWeh!iJ the CITY OF MEfúb~, a municipal corporation of the State of Idaho, hereinafter
called the "CITY"; BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., an
Oregon Limited Liability Company, hereinafter called "BENCHMARK", whose address is 17700 SW
Upper Boones Ferry Road, Suite 100, Portland, OR 97224-7010, and EUGENE QUENZER and
ARDYCE L. QUENZER, husband and wife, hereinafter called "QUENZER", whose address is 4020 N.
Black Cat Road, Meridian, Idaho 83642, both of whom are hereinaft~r referred to as "Applicant"
WITNESSETH:
WHEREAS, BENCHMARK is the owner, in law and/or equity, of a certain tract of land in the
County of Ada, State of Idaho, described at Exhibit "A", attached hereto and by this reference
incorporated herein as if fully set forth (herein called "Parcel A"), which it is intended will be developed
as the fIrst phase of a single family residential subdivision to be known, described and officially platted as
"TURNBERRY SUBDIVISION"; and
WHEREAS, QUENZER is the owner, in law and/or equity, of a certain tract of land in the
County of Ada, State of Idaho, lying contiguous with Parcel A, which is described at Exhibit "B",
attached hereto and by this reference incorporated herein as if fully set forth in full (herein called "Parcel
B"); and
WHEREAS, BENCHMARK and QUENZER have heretofore entered into an agreement
whereby BENCHMARK has the right and option to acquire fee title to Parcel B ITom QUENZER for
purposes of owning and developing the same as the second phase of the TURNBERRY SUBDIVISION;
and
WHEREAS, in 1991, the State of Idaho legislature enacted §67-6511A of the Idaho Code
entitled "Development Agreements," which provides, among other things, that cities may enter into
development agreements with developers upon rezoning of land; and
WHEREAS, the CITY has heretofore adopted two development agreement ordinances, one of
which, Zoning and Development Ordinance 11-2-416 L, applies when land is rezoned, and the other,
Zoning and Development Ordinance 11-2-417 D, applies when land is annexed to the CITY and also
zoned; and
WHEREAS, BENCHMARK, with the consent and approval of QUENZER, previously
submitted an application for annexation of all the land comprising Parcels A and B requesting that the
same be accorded zoning designation "(R-4) Low Density Residential District." Concurrently,
BENCHMARK also submitted application for approval of a preliminary plat for subdivision thereof into
118 single family residential lots, to be developed in two phases as aforesaid; and
WHEREAS,in support of said applications, representatives of BENCHMARK made certain
representations at a public hearing, held August 12, 1997, before the Meridian Planning and Zoning
Commission as to how the Subdivision would be developed and what improvements would be made as
more particularly described in those certain FINDINGS OF FACT AND CONCLUSIONS OF LAW duly
adopted by the Meridian Planning and Zoning Commission captioned as follows:
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
Page I of9
[3123/980J
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
BENCHMARK LAND COMPANY
APPLICATION FOR ANNEXATION AND ZONING
TURNBERRY SUBDIVISION
NE 1/4 OF THE SE 1/4, SECTION 4,
TOWNSHIP 3 NORTH, RANGE I WEST,
BOISE MERIDIAN, ADA COUNTY IDAHO
and
WHEREAS, the representations made as above-stated have been, and are, reflected and
confirmed by the preliminary plat of the subdivision recommended for approval by the Meridian Planning
and Zoning Commission as aforesaid and by certain "Subdivision Improvement Plans" (defined below)
heretofore submitted with respect to development of Parcel A hereinafter described; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or
rezoning of property and has done so as set forth in the above-described FINDINGS OF FACT AND
CONCLUSIONS OF LAW recommending approval of the applications of BENCHMARK as aforesaid,
each and all of which conditions and restrictions (herein called "Conditions of Approval") being by this
reference incorporated herein as if fully set forth; and
WHEREAS, the Conditions of Approval require, as a condition of annexation and rezoning of
Parcels A and B as aforesaid, that, among other things, the ". . . Applicant or its successors in interest,
assigns, heirs or personal representatives enter into a development agreement. . ." addressing, without
limitation, certain matters therein more particularly described in subparagraphs a. through o. of paragraph
12., of said Conditions of Approval and that, if annexed by the City, said Parcels A and B may be de-
annexed if said Conditions of Approval are not met; and
WHEREAS, the City Council of the CITY has heretofore annexed and rezoned said Parcels A
and B subject to de-annexation in the event the conditions and requirements set forth in and by the
Conditions of Approval are not met, including the requirement that BENCHMARK and QUENZER enter
into this Development Agreement; and
WHEREAS, BENCHMARK and QUENZER each deem it to be in their respective best
interests to voluntarily enter into this Development Agreement for the purpose of complying with the
requirement that they do so as a condition of the City's actions in effecting annexation and rezoning of
their land:
NOW, THEREFORE, in consideration of the foregoing recitals, each and all of which shall be
and are hereby declared contractual and binding; the CITY's annexation and rezoning of said Parcels A
and B as aforesaid, and the covenants and agreements of the parties hereinafter set forth and described, IT
IS HEREBY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Upon and after recording of this Development Agreement in the official records of Ada County,
Idaho, each and all of the terms and provisions hereof shall run with the land, and encumber the real
property, described at said Exhibit "A" and said Exhibit "B". This Development Agreement shall be
binding upon, and inure to the benefit of, the City, and, for so long as they shall have or claim any right,
title or interest in any land subject of this Development Agreement, all other parties signatory hereto and
upon all other persons or parties now and at anytime hereafter having, acquiring, being vested with, or
claiming, any right, title or interest in said real property or any portion or parcel thereof whether
cognizable at law or in equity.
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
Page 2 of9
[3/23198a]
2. Only one (I) single-family residential dwelling house having at least one thousand four hundred
(1,400) square feet of floor space, exclusive of garages and other appurtenant non-residential structures
and improvements otherwise permitted by an R-4 zoning classification, may be constructed upon any
single family residential lot created upon lawful subdivision of the lands herein called Parcel A and Parcel
B.
3. Each and every single family residential lot created upon subdivision of Parcel A and Parcel B shall
contain not less than eight thousand (8000) square feet of land. Unless lawfully ordained by action of the
CITY, no such lot shall be further subdivided or partitioned into more than one lot, tract or parcel
containing less than eight thousand (8000) square feet ofland.
4. No multi-family residential structures, such as, without limitation: duplex units, townhouses or
patio homes, may be constructed on Parcel A or Parcel B, nor shall any part or portion of the land herein
called Parcel A or Parcel B be improved in any manner, or employed in any use or occupation, not
permitted by the CITY's current (R-4) Low Density Residential District zoning ordinance or by the
Conditions of Approval incorporated herein as aforesaid. Provided, however, nothing herein contained
snail be deemed or construed to prevent any person from employing any portion of said land for farming
or other agricultural purposes prior to development thereof in accordance with this Development
Agreement.
5. Neither BENCHMARK, nor QUENZER, nor any other person or persons now or hereafter having
or claiming any right, title or interest in the lands herein called Parcel A or Parcel B, shall commence the
construction or installation of any improvements upon said property or any portion thereof unless and
until such time as said party or other person shall have filed, or have caused the filing, with the CITY of
"Subdivision Improvement Plans" (hereinafter called "Plans"). The Plans pertaining to each phase and
Parcel respectively shall show all streets, utilities, pressurized irrigation facilities, sanitary sewer, water,
storm drainage, street and similar signage and barricades, and other improvements contemplated for
installation within the subdivision to be developed upon such Parcel (except dwelling units and related
improvements to be constructed following recording of the subdivision Plat of such Parcel). Such Plans,
and the improvements subject thereof, shall be approved for construction or installation by the City
Engineer.
6. All sanitary sewers, stonn drains, pumping stations, water mains and appurtenances, fire hydrants,
curbs, gutters and sidewalks, pressurized irrigation systems, electrical transmission lines, natural gas
lines, telephone lines, cross drains, street surfacing, street signs, cable television, other utilities and
additional improvements shown or described by Plans approved by the City Engineer as aforesaid shall be
constructed and installed at the expense of Benchmark and/or Quenzer (but only if Quenzer remains in
title to Parcel B), or their respective successors in interest, or any other person which or who obtains such
approvals, causes such improvements to be made, and/or ultimately applies for acceptance and approval
of any final plat effecting subdivision of Parcel A or Parcel B, as the case may be.
7. The CITY has granted approval of a preliminary plat for subdivision of Parcel A and Parcel B in a
manner consistent with the requirements of this Development Agreement which plat is by this reference
incorporated in and made a part of this Development Agreement. Upon approval by the City Engineer of
the Plans for Parcel A and Parcel B respectively, said Plans shall each and all be deemed incorporated in
and made a part of this Development Agreement for all purposes.
8. Unless otherwise permitted or approved in writing by the City Engineer, all improvements depicted
by the approved prelinJinary plat and final plat which pertain to Parcels A and B respectively, and all
improvements subject of the approved Plans pertaining to each of said Parcels, shall be constructed and
installed in strict conformity with said preliminary plat and Plans.
9. Any party or persons who intend to engage in construction or installation of any improvements
subject of said preliminary plat and final plat, and/or any such approved Plans shall provide the City
Engineer with at least fifteen (15) days advance written notification of when and what portion or portions
of said improvements such party or persons intend to construct or install and the time schedule therefor.
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 9
[3123/9801
If the construction or installation of any such improvements will be accomplished in phases, the party or
persons constructing or installing the same will construct any temporary facilities or improvements the
City Engineer may deem reasonably necessary as a result of such phased construction or installation.
10. Following completion of the construction or installation of any improvements, or such portion(s) of
any improvements, as are required to complete development of Parcel A or Parcel B respectively in
accordance with this Development Agreement, the party or persons responsible for construction or
installation thereof shall notifY the City Engineer that such improvements are complete and request his
inspection and acceptance thereof on behalf of the CITY. If, upon or following inspection of such
improvements, the same are accepted by the City Engineer, the party or persons obligated to construct or
install the same under this Development Agreement shall be deemed for all purposes to have fulfilled
such obligations. Otherwise, such obligations shall not be deemed satisfied.
II. Following completion of construction and installation of all improvements required with respect to
the subdivision of Parcel A and Parcel B, each and respectively, and acceptance thereof by the City
Engineer, the Applicant or other party or persons developing such Parcel shall cause "Corrected" (i.e. "as
built") versions of the Plans pertaining to such improvements to be prepared by a Registered Professional
Engineer and provide the same or a duplicate mylar copy thereof to the CITY. Said "Corrected" Plans
shall depict the actual constructed location (both horizontally and vertically) of all water and sewer lines,
all utility lines and conductors, all pressurized irrigation lines and individual building service lines (to the
extent the latter have been installed as part of the development of any individual lots), all street, sidewalk,
curb and gutter alignments and grades, etc. Said "Corrected" Plans shall include a "Certification"
thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans truly and
accurately depict the locations and characteristics of the various improvements subject thereof.
12. If, after construction or installation of an improvement necessary for the development and
subdivision of Parcel A or of Parcel B is begnn, the City Council shall make a finding, duly entered in
the official minutes of the proceedings of the City Council: (i) that the party or persons obligated by this
Development Agreement to construct or install such improvement has failed to complete construction or
installation of a portion or all of such improvement without reasonable justification (lack of necessary
financial resources shall not constitute reasonable justification), and (ii) that said improvement must be
completed in the interests of the health, welfare and/or safety of the inhabitants of the CITY, then the
party or persons obligated to complete construction or installation of such improvement shall, upon
receipt of written notice of such finding, immediately undertake all measures reasonably necessary and
appropriate to commence and, within a reasonable time effect completion of, the construction or
installation of such improvement in accordance with this Development Agreement.
a. If the party or persons so obligated shall fail to complete such construction within a
reasonable time after written notification of such Council action, and the CITY thereafter
determines to complete, and completes, such construction or installation, then the party or persons
who were otherwise obligated to complete such improvement, together with the owner(s) of the
property served by such improvement, shall be obligated to reimburse the CITY its cost to complete
such improvement at such time(s); in such manner and upon such terms as the CITY shall order
after conferring, or making reasonable attempts to confer, with such party, persons and owner(s).
b. The City Council shall not make the fmdings set forth in paragraph 12., except at a regular or
special meeting of the City Council and unless the party or persons obligated to complete said
improvement, and the owner(s) of the property affected by such improvement, have been notified in
writing of the time and place of such meeting at least three (3) business days prior thereto and have
been given reasonable opportunity to be present in person or by counsel and be heard on the merits
of the proposed fmding.
c. Except in the event of an emergency threatening immediate harm or damage to the persons or
property of the inhabitants of the CITY, the CITY shall not undertake to complete construction of
any such improvement unless and until it shall have afforded the Applicant or other party or person
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
Page 4 of9
[3123/980)
13.
responsible for the completion thereof under this Development Agreement, and the property
owner(s) who may become obligated to the CITY as aforesaid, no less than ten (10) days written
notice that it intends to do so and such party, persons and/or owner(s) shall have failed to
commence completion of such construction at or before the time the City or its contractor(s) shall
have actually commenced work.
d. The obligation for reimbursement of the CITY's cost to complete construction or installation
of any improvement completed by, or at the expense of the CITY pursuant to and in accordance
with the foregoing terms and conditions of this paragraph 12., shall constitute a lien on all real
property benefited by such improvement. Said lien may be foreclosed in the manner provided by
law for the foreclosure of a mortgage on real property under the Idaho Code. Said lien shall attach
to and encumber said real property solely as a consequence of the terms of this Development
Agreement as of the date and time the notice(s) described in subparagraph c., immediately above
shall first be delivered to a party, person or owner entitled thereto.
a. Unless and until the party or persons obligated to do so by this Development Agreement shall
complete the construction and installation of all improvements to be constructed and installed in
connection with and/or for purposes of the development and subdivision of Parcel A, and said
improvements shall be approved and, where applicable, accepted by or on behalf of the CITY,
(and/or the CITY shall have accepted security for the completion of one or more of said
improvements as hereinafter described), the CITY shall not be obligated to accept or approve for
recording any fmal Plat of the first phase of the TURNBERRY SUBDIVISION to be constructed
within Parcel A as aforesaid.
b. Unless and until the party or persons obligated to do so by this Development Agreement shall
complete the construction and installation of all improvements to be constructed and installed in
connection with and/or for purposes of the development and subdivision of Parcel B, and said
improvements shall be approved and, where applicable, accepted by or on behalf of the CITY,
(and/or the CITY. shall have accepted security for the completion of one or more of said
improvements as hereinafter described), the CITY shall not be obligated to accept or approve for
recording any final Plat of the second phase of the TURNBERRY SUBDIVISION to be
constructed within Parcel B as aforesaid.
c. If the CITY declines to accept or approve for recording the final Plat of either phase of the
TURNBERRY SUBDIVISION by reason of the provisions of subparagraphs a., or b., of this
paragraph 13., or otherwise, the party or persons seeking such acceptance or approval shall have the
right to appear before the CITY's City Council at any regular meeting after any such acceptance or
approval shall have been withheld and shall have the right to be heard as to why such final Plat and
subdivision should be accepted and approved by the CITY. The City Council shall then decide
whether such final Plat and subdivision should be accepted and approved by the CITY, or may
impose such conditions upon acceptance and/or approval of such final Plat and subdivision as it
may determine in the lawful exercise of its authority. In any such cases, the decision of the City
Council shall be final, except that all rights of the parties or persons affected thereby shall be
preserved and may be enforced by any means available to them at law or in equity.
14. In lieu of complete performance on the part of any party or persons otherwise required by this
Development Agreement to perform any obligation prerequisite to acceptance and approval for recording
of the final Plat and subdivision of either phase of the TURNBERRY SUBDIVISION, the CITY, acting
by and through the City Engineer, may accept security for the completion of performance of any such
obligation on the part of the party or persons obligated to do so. Such security may be provided in the
form of surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as
allowed under section 11-9-606 C ofthe Revised and Comviled Ordinances of the CITY. If and when the
party or persons upon whose behalf any such security is required shall provide such security, the CITY
shall accept and approve such subdivision and final Plat for recording. Upon completion and approval or
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
Page 5 of9
[3/23198a]
acceptance by the CITY of the improvements for which any such security has been given in accordance
with this Development Agreement, the CITY shall forthwith exonerate or release such security.
15. The CITY has requested that certain elements of the sanitary sewer which wilJ be constructed and
installed by or for Benchmark in North Black Cat Road in connection with the development of Parcel A,
and certain elements of the sanitary sewer which will be constructed and installed by or for Benchmark in
North Black Cat Road in connection with the development of Parcel B, be designed, constructed and
installed in a manner intended to accommodate future service needs originating from properties not
owned by BENCHMARK or QUENZER which are located within the vicinity of the subject development
(herein called "Special Improvements"). The nature and potential off-site benefits of these Special
Improvements is generally described at Exhibit "C" attached hereto and by this reference incorporated
herein as if fully set forth. The parties acknowledge that sound planning practices require construction of
said Special Improvements concurrently with development of Parcel A and Parcel B in order to
accommodate future expansion and development and that the CITY may enter into one or more
"latecomer agreements" for the purposes of assisting BENCHMARK, or its successors in interest, in
recovering some or all of the additional costs it will incur in constructing said Special Improvements.
a. In recognition of the cost savings which can be accomplished by construction of such Special
Improvements concurrently with the facilities to be constructed for purposes of development of
Parcel A and Parcel B respectively and the impracticality or impossibility of constructing such
Special Improvements separately or at a later time, BENCHMARK has designed and is willing to
construct such facilities in consideration of the CITY's agreement to enter into one or more
latecomer agreements as aforesaid.
b. For purposes of any such latecomer agreements, BENCHMARK agrees to obtain three (3)
independent, bona fide, bids for the performance of the work which will incorporate such Special
Improvements ITom qualified and responsible contractors and sh!ÙI deliver copies of such bids to
the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a
manner which allows clear and specific identification of that portion of tile construction work for
which the CITY may agree to enter into a latecomer agreement as aforesaid.
c. TIle CITY's obligation under any such latecomer agreements shall be limited to payment of the
lowest of such bids irrespective of whether the lowest bidder is in fact selected to perform the work.
d. If the City fails to enter into latecomer agreements pertaining to any Special Improvements on
the terms above set forth, BENCHMARK shall not be required to construct any Special
Improvements for purposes of accommodating any future off site expansion and/or development.
16. The parties expressly agree that no Certificate of Occupancy will be issued for any dwelling
constructed in the first phase of TURNBERRY SUBDIVISION until all improvements required for
acceptance and approval of the final Plat and subdivision of Parcel A are completed and accepted by the
City; or until the CITY and the and the party responsible to complete said improvements have entered
into an addendum agreement stating when the improvements will be completed, and/or such responsible
party shall have delivered appropriate security for completion of such improvements as aforesaid.
17. The parties also expressly agree that no Certificate of Occupancy will be issued for any dwelling
constructed in the second phase of TURNBERRY SUBDIVISION until all improvements required for
acceptance and approval of the final Plat and subdivision of Parcel B are completed and accepted by the
City unless and until the CITY and the party responsible to complete said improvements have entered into
an addendum agreement stating when the improvements will be completed and/or such responsible party
shall have delivered appropriate security for completion of such improvements as aforesaid.
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
Page 6 of9
[3123/980]
18. BENCHMARK and QUENZER agree, in recognition of the unique and peculiar circumstances
relative to this development, that the special conditions set forth in Exhibit "0" attached hereto and by
this reference incorporated herein as if set forth verbatim all be deemed for all purposes applicable to said
Parcel A and to said Parcel B. BENCHMARK further agrees to construct a perimeter fence around both
Parcels A and B prior to any construction, except where roadways and streets for access are located and
except where the CITY has agreed that such fencing is not necessary.
19. Any notices required by this Development Agreement shall be in writing addressed to the party or
parties entitled thereto as follows:
CITY: City Engineer
33 East Idaho
CITY OF MERIDIAN
Meridian, ID 83642
BENCHMARK:
QUENZER: Eugene and Ardyce Quenzer
4020 North Black Cat Road
Meridian, ID 83642
Project Manager: Tumberry Subdivision
Benchmark Land Company, Meridian
(Quenzer), L.L.C.
11700 SW Upper Boones Ferry Rd., Suite 100
Portland, OR 97224-7010
unless and until such time as any such party shall notifY each of the other parties of any change of address
for such notices.
20. BENCHMARK agrees to pay all recording fees necessary to record this Development Agreement
with the Ada County Recorder's office.
21. For so long as they shall have or claim any right, title or interest in any land subject of this
Development Agreement, BENCHMARK and QUENZER agree to abide by all ordinances of the CITY
of Meridian pertaining to development or subdivision of the land in which they claim such rights not
inconsistent with the terms and provisions hereof Said parties further acknowledge and agree that their
respective properties shall be subject to de-annexation if they or their respective heirs, successors in
interest or assigns who shall have or claim any right, title or interest therein shall not meet the Conditions
of Approval applicable to the development, subdivision, construction of improvements upon, or uses of
said land or any portion(s) thereof; this Development Agreement, and any Ordinances of the CITY of
Meridian lawfully enacted in conformity therewith .
22. This Development Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk. Provided, however, any other terms or provisions of
this Agreement to contrary notwithstanding, it is hereby acknowledged. confirmed and agreed by and
between the parties that any and all personal liability and obligations of the said Eugene Quenzer and
Ardyce Quenzer arising under this Development Agreement shall be enforceable as to said parties only if,
and for so long as, they shall have or claim any right, title or interest in the lands subject of this
Development Agreement or some portion thereof. "I\t'"
~,,\ Of
IN WITNESS WHEREOF, the parties have caused this Development Agreement to be Sig.. ~,{ '" . ~' ~~..?~~
the date, month and year first stated above. .i ,~ ';.
:: ~
::: ¡¡
B~~... ~ SEAL ~
~ ~ ~::
~ Ct-r 1$"; . .. f.J j
, .¡- $:'
William.&. Berg, Jr., City ler II.~ aUNT'!. i> """
II//'It"" ","11"'"
Page 7 of 9
[3123/98a)
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
BENCHMARK LAND COMPANY-MERIDIAN (QUENZER), L.L.c. ("BENCHMARK")
By ~~ :/-:t-
Greg Á. street, Member
By Pacific Santa Fe Corporation, an Oregon
corporation, Member
By ~--~ -
Mark P. Rockwell, President
~~n¿
EU QUEN R ("QUE ")
~
t'.PX h~/
YCE L. Q~~ZER")
ACKNOWLEDGEMENTS
STATE OF IDAHO)
)
County of Ada )
On this (p-tL day ofn,¡, bn, 1998, before me, the undersigned, a Notary Public in and
for said State, personally appe~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 instrunJent on behalf of said corporation, and acknowledged to me that
said City of Meridian executed the same.
ss.
IN WIT,l'îfI.'iIi.WHEREOF, I have hereunto set
and year in~tö't,~tça~'~~ above written.
.I >i-~ ...........;4,4> ~ø.,
¡.f ".. '\ Notary ublic for Idáho
: f 'Ì:~~Þ \ 1 Residing at: ßO)~ 1
s * : -.- : * ! My Commission Expires: li,:/ I ~::J [)C>.,;)..
\ ;, PUB\.\C J i
'I. <PI> ". ;'.0 I
~~~~~q~'~'. -t.~ -'
STATE 01<. ~..~.,-
) ss.
County :n~::s J!!!: :ay OfQ, ~ I - 1998, before me, the undersigned, a Notary Public in and
for said State, personally a~QUENZER and ARDYCE L. QUENZER, husband and
wife, known, or proved to me, to be persons whose names are subscribed to the within instrument, and'
acknowledged to me that they executed the same. .¡;7::;'¡.;,;;,'~i;.}i~f,:~!~".. .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed, m, :lÙáí~~,:rli~~~y'<':!!~:.
and year in this certificate first above written. .i,' ~.... .,'Ié"" :,:{,:~.\ .
[SEAL] R~:~n::~~,~~:~/ lit. ~ ~--:{(;) .t',., "
My Commission ExPires:;~-r-.,...,..~..,.".,.;.....',...". '.'. ?t~\~'.'.'j,..........,.;r'
'>",". 0 ~¿"
. ':!'!"i?;¿;;:;;;','>1'¡;~ "!'('..
. "Ï>åg{'s'6f9
[3/23/98a]
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
STATE OF OREGON, County of ().) a.s (1t"t) J.d Ýl . }ss.
The foregoing instrument was acknowledged b. efore me on this 1!!:" day of ~ u Yl e. ,
199 ~ by GREG A. HEMSTREET who is a member of Benchmark Land Com ny-Meridian
(Quenzer), LLC., a member-managed Oregon limited liability company duly licensed and authorized to
""""","""" Π~""',,- m" sm. of"""" ~
OFFICIAL SEAL . ~
SUSAN BARREn No Public for Oregon
NOTARY PUBLIC -OREGON My commission expires' q- f '{'Of
COMMI8SION NO. 304941 .
MY COMMISSION EXPIRES SEPT, 18 2001
STATE OF OREGON, County of
\I~k~"
}ss.
The foregoing instrument was acknowledged before me on this ~ day of ]"1 VI t. ,
199~, by MARK P. ROCKWELL, President of Pacific Santa Fe Corporation, which is a member of
Benchmark Land Company-Meridian (Quenzer), LLC., a member-managed Oregon limited liability
company duly licensed and authorized to transact business or conduct affairs in the State ofIdaho.
OFfICIAL SFAI.
II'IIN c:.vum
IOTARY PUBlIC. OREGON
COMMISSIOII NO. 303479
Ml'L'OMMISSIOIi EXI'Ia£SJUlf3L 2001
NO~C f~n-
My commission expires: '7/1//0\
,
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
Page 9 of 9
[3123/98a]
EXHIBIT "A"
DEVELOPMENT AGREEMENT
["Parcel A" Described]
DESCRIPTION FOR PROPOSED TURNBERRY SUBDIVISION NO.1
December8,1997
A parcel of land being a portion of the NE 1/4 of the SE 1/4 of Section 4, Township 3 North. Range.
1 West of the 80ise Meridian, Ada County, Idaho, being more particularly described a~ follows:
8eglnning at the East 1/4.comer of Section 4, Township 3 NoÍth, Range 1 West, 8.M.. the REAl.
POINT OF BEGINNING of this description;
Thence S 00"38'01" W 650.48 feet along the easterly boundary line of said Section 4 to a point;
Thence N 89"21'59" W215.00 feet to a point;
Thence N 00"38'01" E 15.00 feet to a point;
Thence N 89"21'59" W 100.00 feet.to a point;
Thence S 04"30'24" W 71.92 feet to a point;
Thence S 19"15'28"W 85.34 feet to a point;
--
ThenceS 35"40'56" W 64.90 feet to a point;
Thence S 51"4&00" W 65.00 feet tó a point;
Thence S 68"36'48" W 67.00 feet to a point;
ThenceS 81"39'21" W 41.60 feet to a point;
Thence N 89"21'59" W 521.60 feet to a point;
Thence N 00"38'01" E 100.00 feet to a polnt;.....- .
Thence N 89"21'59"W 1.57 feet to a point;
Thence N 00"38'01" E 444.72 feet to a point;
Thence S 89"21'59" E 1.57 feet to a point;.
ThenceN 00"38'01" E 100.00 feet to a point;
. Thence S 89"21'59" E 240.00 feet to a.point;
Thence N 00"38'01" E 100.00 feet to a point;
Thence N 89"21'59" W 8.38 feet to a point;
Thence N 00"38'01" E 149.95 feet to a point on the northerly boundary of the NE 1/4 of the SE 1/4
of said Section 4;
Thence S 89"21'55" E 821.81 feet alon9 the northerly boundary of the NE 1/4 of the SE 1/4 of said
Section 4 to the REAL POINT OF BEGINNING of this description, containing 18.23 acres, more or
less.
Michael E. Marks,P.LS. 4998
'.
EXHIBIT "A"
Page 1 of 1
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
..'
EXffiBIT "B"
DEVELOPMENT AGREEMENT
["Parcel B" Described)
DESCRIPTION FOR PROPOSED
TURNBERRY SUBDIVISION NO.2
March 24, 1998
A parcal of land being a portion of the NE 1/4 of the SE 1/4 of Section 4, Township 3
North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly
described as follows:
Beginning at the East 1/4 comer of Section 4, Township 3 North, Range 1 West, B.M.,
Thence S 00°38'01" W 650.48 feet along the easterly boundary line of said Section 4 to
the REAL POINT OF BEGINNING of this description;
Thence N 89°21'59° W 215.00 feet to a point:
Thence N 00°36'01" E 15.00 feet to a point;
Thence N 89°21'59" W 100.00 feet to a point:
Thence S 04°30'24" W 71.92 feet to a point:
Thence S 19°15'28"W 66.34 feet to a point:
Thence S 35°40'56" W 64.90 feet to a point:
Thence S 51°48'00" W 65.00 feet to a point
Thence S 68°36'48" W 67,00 feet to a point:
Thence S 81°39'21"W 41,80 feet to a point:
Thence N 89'21'59" W 521.80 feet to a point;
Thence N 00°38'01" E 100.00 feet to a point:
Thence N 89°21'59" W 1.57 feet to a point:
Thenca N 00°38'01" E444.72 feet to a point:
Thence S 89'21'59" E 1.57 feet to a point:
Thence N 00°38'01" E 100,00 feet to a point
Thence S 89°21'59" E 240,00 feet to a point;
Thence N 00°38'01" E 100.00 feet to e point;
Thence N 89°21'59" W 8.38 feet to a point:
Thence N 00'38'01" E 149.95 feet to a point on the northerly boundary of the NE 1/4 of
the SE 1/4 of said Section 4:
Thence N89°21'55" W 500.30 feet to the northwest comer of the NE Yo of the SE Yo:
Thence S 00°41'48" W 1,174,79 feet to a point on the west line of the NE Yo of the SE Yo:
Thence S 89°19'23" E 1,323.40 feat 10 a point on the line common 10 Sections 3 and 4:
Thence N 00'38'11" E 525.28 feet aion9 said line to the REAL POINT OF BEGINNING of
this description, containing 17.46 acres, more or less.
Michael E. Marks, P.L,S. 4998
EXffiBIT "B"
TURNBERRY SUBDMSION DEVELOPMENT AGREEMENT
Page 1 ofl
EXHIBIT "C"
to
DEVELOPMENT AGREEMENT
for
TURNBERRY.SUBDIVISION
Meridian, Idaho
"Special Improvements"
Parcel A
Sanitary Sewer: The sanitary sewer main line to be located in the western portion of North Black Cat Road is
to be increased in size ITom eight inch (8") to twelve inch (12") and extended from Station 10+00.00 (as fixed
and identified by the approved Sewer and Water Plan for Turnberry Subdivision No. I, prepared by Briggs
Engineering, Inc., Dwgs. "Sl" and "OSl") southerly along North Black Cat Road a distance of approximately
135 feet (to Station 8+65.00), and fTom Station 10+00.00 northerly along North Black Cat Road a distance of
approximately 2422.34 feet to connect with an existing manhole at Station 34+22.34. The southerly extension
of said sewer does not, in any way serve or benefit Turnberry Subdivision. However, and in addition to serving
improvements situated on Parcel A and Parcel B, the northerly extension of said sewer main will be over sized
and available to service land and developments connected thereto on the west side of North Black Cat Road,
north of Turnberry Subdivision to the point of connection thereof with the existing manhole mentioned above.
At such time as both of the sanitary sewer main extensions required in connection with the development of
Parcel B described below is constructed, the Special Improvements described herein will further provide service
to, and benefit, lands and developments lying to the south of Turnberry Subdivision which may be benefited by
connection to these Special Improvements by means of the sewer main extension constructed in connection with
Parcel B,
Parcel B
Sanitary Sewer: The twelve inch (12") sanitary sewer main line to be constructed and extended north in the
western portion of North Black Cat Road in connection with the development of Parcel A as described above, is
to be extended south ITom said Station 8+65.00 a distance of approximately 530 feet to a temporary tee type
clean out (or similar device) installed at a point in North Black Cat Road located on the south boundary of said
Parcel B extended eastward across North Black Cat Road. Said extension will not in any way serve or benefit
Turnberry Subdivision or either Parcel A or Parcel B thereof, However, said sewer will be sized and available
to service land and developments connected thereto on the east and west sides of North Black Cat Road, south
of said Station 8+65,00 to the Special Improvements in sanitary sewer main lines to be installed in connection
with the development of Parcel A as aforesaid as well any and all lands and developments lying to the south of
said Parcel B, regardless of where situated, which may be afforded access to sanitary sewer service by reason of
the construction and installation of such extension and its connection with the Special Improvements to be
constructed in connection with the development of Parcel A as above-stated,
EXIDBIT "C"
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
Page 1 of!
EXHIBIT "D"
to
DEVELOPMENT AGREEMENT
for
TURNBERRYSUBD~ION
Meridian, Idaho
This subdivision is for 118 single-family lots with an overall density of 3.3 dwelling units per acre. The
Applicant, or such other party or persons as shall be responsible to do so under the Development
Agreement above-referenced, shalI:
1. Construct a non-combustible perimeter fence prior to obtaining building permits and construct
temporary construction fencing to contain debris along all subdivision boundaries in the case of phased
construction unless the City has specificalIyagreed, in writing,.that such fencing is not necessary.
2. Construct a landscape strip within the Subject Property along the full length of the Subject
Property adjacent to the west right-of-way line of North Black Cat Road (Black Cat Road Landscaping),
except for the entryway access of Charles Street and a ten-fool-wide gravel access road at the northerly
property boundary for Nampa-Meridian Irrigation District. The North Black Cat Road Landscaping shall
be a minimum of twenty feet (20') in width beyond requited ACHD right-of-way. The Black Cat Road
Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be
submitted by Applicant Benchmark that is approved by the CITY. A letter of credit, cash, or appropriate
bonding for the Black Cat Landscaping is required prior to signature on the fmal plat; no fencing shall
encroach on this 20' planting strip, located beyond required right-of-way of 45' fTom centerline.
Landscaping shall be completed prior to obtaining certificates of occupancy.
3, Tile all ditches, canals and waterways, including those that are property boundaries or olÙY
partially located on the property, unless downstream water users and the irrigation district determine they
can be abandoned or a variance is granted by the City; the Applicant was granted such a variance for the
Safford Lateral.
4. Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions
through the property (see Development Agreement, paragraph 15),
5. Construct curbs, gutters, sidewalks and streets to and within the property,
6. Pay any development, latecomer, impact or tranl;fer fees adopted by the CITY
7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet
the Ordinances of the CITY.
8. Construct and install pressurized irrigation to all lots within this subdivision prior to obtaining
building permits.
9. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
10. Meet all representations made by the applicant during the public hearing process.
11. Comply with the requirements of all City departments, Ada County Highway District, and
Central District Health Department.
12. Timely prepare, submit, and obtain the required approval by the CITY of final plats of the project
in accordance with development time requirements contained in City Ordinances.
13, Perpetually maintain all improvements in a neat, aesthetically pleasing and workmanlike manner.
EXHIBIT "D"
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
Page 1 ofl