Woodbridge Community Subdivision AZ 99-020
PARTIES: 1.
2.
ADA . fVJe~(DIA-J CjJ..
J. ~iU'~A~)o.,.ROER ~ RECORDED-REQUEST OF
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~I 0000660['
DEVELOPMENT AGREEMENT
City of Meridian
Woodbridge Community, LLC. Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), iskade
and entered into this ~ day of .Jà.nua ~ ' 2000 , by and between
CITY OF MERIDIAN, a municipal corporation fthe State ofIdaho, hereafter
called "CITY", and WOODBRIDGE COMMUNITY, LLC, hereinafter called
"DEVELOPER", whose address is 100 N. 9th Street, Suite 300, Boise, Idaho
83702.
1.
1.2
1.3
1.4
RECITALS:
1.1
WHEREAS, "Developer" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A, which is attached hereto and by
this reference incorporated herein as if set forth in full, herein
after referred to as the "Property"; and
WHEREAS, I.C. §67-65 1 lA, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition of
re-zoning that the owner or "Developer" make a written
commitment concerning the use or development of the subject
"Property"; and
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-2-416L and 11-2-417D, which
authorizes development agreements upon the annexation
and/or re-zoning ofland; and
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in Exhibit
A, and has requested a designation ofR-4, Municipal Code of
the City of Meridian); and
DEVELOPMENT AGREEMENT (AZ-99-020) - 1
1.6
1.7
1.8
1.9
1.5
WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how
the subject "Property" will be developed and what
improvements will be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property"
held before the Planning & Zoning Commission, and
subsequently before the City Council, include responses of
government subdivisions providing services within the City of
Meridian planning jurisdiction, and received further
testimony and comment; and
WHEREAS, City Council, the P- day of ~é'GA64.wea, [c¡t¡q
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which are
attached hereto and by this reference incorporated herein as if
set forth in full, hereinafter referred to as (the "Findings");
and
WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council takes
final action on annexation and zoning designation; and
"DEVELOPER" deems it to be in its best interest to be able
to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of
this development agreement, herein being established as a
result of evidence received by the "City" in the proceedings
for annexation and zoning designation ftom government
DEVELOPMENT AGREEMENT (AZ-99-O20) - 2
subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure
annexation and zoning designation is in accordance with the
Comprehensive Plan of the City of Meridian adopted
December 21,1993, Ordinance #629, January 4,1994, and
the Zoning and Development Ordinance codified in Title 11,
Municipal Code of the City of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following
words, terms, and phrases herein contained in this section shall be derIDed and
interpreted as herein provided for, unless the clear context of the presentation of
the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party to
this Agreement, which is a municipal Corporation and
government subdivision of the state ofIdaho, organized and
existing by virtue of law of the State of Idaho, whose address
is 33 East Idaho Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to Woodbridge
Community, LLC, whose address is 100 N. 9th Street, Suite
300, Boise, Idaho 83702, the party developing said "Property"
and shall include any subsequent owner(s)/developer(s) of the
"Property" .
"PROPERTY": means and refers to those certain parcels of
"Property" located in the County of Ada, City of Meridian,
designated as described in Exhibit "A", attached hereto and by
this reference incorporated herein as if set forth at length.
DEVELOPMENT AGREEMENT (AZ-99-020) - 3
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses and development allowed pursuant to this
Agreement of the subject property shall be subject and
pursuant to the Planned Development/Conditional Use
process and are limited to those uses allowed under "City"'s
Zoning Ordinance codified at Sections 11-2-408 B 3 Meridian
City Code. The conditions of the approval of the Planned
Development/Conditional Use process shall be included
automatically as an amendment to this subsection of the
development agreement nunc pro tunc.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement except for
the process referenced in Section 4.1.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for conditional use permit, and shall be required
to obtain the "City"'s approval thereof, in accordance to the City's Zoning &
Development Ordinance criteria, therein, provided, prior to, and as a condition of,
the commencement of construction of any buildings or improvements on the
"Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1
"Developer" shall develop the "Property" in accordance with
the following special conditions:
6.1.1 In accordance with the provisions of Section 4 of this
Agreement, which are adopted herein at reference as if
set forth at length.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and the
zoning designation reversed, upon a default of the "Developer" or "Developer"'s
heirs, successors, assigns, to comply with Section 6 entitled "Conditions
DEVELOPMENT AGREEMENT (AZ-99-020) - 4
Governing Development of subject "Property" of this agreement within two (2)
years of the date this Agreement is effective, and after the "City" has complied
with the notice and hearing procedures as outlined in I.C. § 67-6509, or any
subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months of
such notice.
9. INSPECTION: "Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by
this agreement or by City ordinance or policy, notify the City Engineer and request
the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of
this Development Agreement and all other ordinances of the "City" that apply to
said Development.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer'" s cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City Council.
If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the "Property"
contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
This Development Agreement is not an encumbrance against a lot
once it is platted.
DEVELOPMENT AGREEMENT (AZ-99-020) - 5
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be
sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations contained
herein.
12.1
Subject to Paragraph 8 above, in the event of a material
breach of this Agreement, the parties agree that "City" and
"Developer" shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which
cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the
same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing of
the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer" or "City" is delayed for
causes which are beyond the reasonable control ofthe party
responsible for such performance, which shall include,
without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be
extended by the amount of time of such delay.
12.3
A waiver by City of any default by Developer of anyone or
more of the covenants or conditions hereof shall apply solely
to the breach and breaches waived and shall not bar any other
DEVELOPMENT AGREEMENT (AZ-99-020) - 6
rights or remedies of City or apply to any subsequent breach
of any such or other covenants and conditions.
13. SURETY OF PERFORMANCE: As part of the
platting/subdivision process the "City" may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under §12-5-3 of the Meridian City Code, to insure that installation of the
improvements, which the "Developer" agrees to provide, if such surety is required
by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer" have entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in
any event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be
subject to de-annexation pursuant to Paragraph 8 above if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Conditions of
Approval, and the Ordinances of the City of Meridian to the extent applicable.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified mail,
postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Woodbridge Community, LLC
100 N. 9th Street, Suite 300
Boise, Idaho 83702
with copy to:
DEVELOPMENT AGREEMENT (AZ-99-020) - 7
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
L. Edward Miller
Givens Pursley LLP
P.O. Box 2720
Boise, Idaho 83701
16.1
A party shall have the right to change its address by
delivering to the other party a written notification thereof in
accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between
the parties hereto concerning this Agreement, the prevailing party shall be entitled,
in addition to any other relief as may be granted, to court costs and reasonable
attorney's fees as determined by a Court of competent jurisdiction. This provision
shall be deemed to be a separate contract between the parties and shall survive any
default, termination or forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of and a default under this
Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs, successors,
assigns and personal representatives, including "City"'s corporate authorities and
their successors in office. This Agreement shall be binding on the owner of the
"Property", each subsequent owner and any other person acquiring an interest in
the "Property". Nothing herein shall in any way prevent sale or alienation of the
"Property", or portions thereof, except that any sale or alienation shall be subject to
the provisions hereof and any successor owner or owners shall be both benefitted
and bound by the conditions and restrictions herein expressed. "City" agrees, upon
written request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Developer" has fully performed its obligations under this
Agreement.
DEVELOPMENT AGREEMENT (AZ-99-020) - 8
20. INVALID PROVISION: If any provision of this Agreement is held
not valid by a court of competent jurisdiction, such provision shall be deemed to
be excised from this Agreement and the invalidity thereof shall not affect any of
the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing
and signed by them or their successors in interest or their assigns, and pursuant,
with respect to "City", to a duly adopted ordinance or resolution of "City".
21.1
No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can
be modified or amended without the approval of the City
Council after the ""City" has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the
proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-99-020) - 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
WOODBRIDGE COMMUNITY, LLC, an
Idaho limited liability company
By: O'Neill Enterprises, Inc., an Idaho
corporation, its Manager
BY, ();J;w~
Derick O'Neill, President
Attest:
BY RESOLUTION NO.-
CITY OF MERIDIAN
Attest:
Jk~~ll
CITY CLE
BY RESOLUTION NO. 2 88
STATE OF IDAHO)
) ss.
County of Ada)
On this J4"tay oâin the year 2000, before me, the
undersigned, a Notary Þublic in for th tate ofIdaho, personally appeared
Derick O'Neill, known or identi í:l to me 0 be the President of O'Neill
Enterprises, Inc., an Idaho corporation, the corporation that executed this
instrument and the person who executed the instrument on behalf of said
corporation, said corporation known to me to be the Manager of Woodbridge
Community LLC, the limited liability company that executed the instrument and
acknowledged to me that such corporation executed the same on behalf of said
limited liability company and that said limited liability company executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
DEVELOPMENT AGREEMENT (AZ-99-020) - 11
STATE OF IDAHO)
:ss
County of Ada
On this /q6 day of .:J~, in the year ZDoD,
before me, a Notary Public, personally appeared Robert D. Corrie and William G.
Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City
of Meridian, who executed the instrument or the person that executed the instrument
of behalf of said City, and acknowledged to me that such City executed the same.
(SEAL)
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DEVELOPMENT AGREEMENT (AZ-99-020) - 12
EXHIBIT A
Lel!:al Description Of Proper1;y
A parcel ofland being the S Yo of the NW 1/4 of Section 17, described as
BEGINNING at the north 1/16 corner common to said Sections 17 and 18 as
shown on Record of Survey No. 1199; thence, along the exterior lines of said S Yo
of the NW 1/4, through the following courses:
N.89°30'51 II E., 2648.31 feet to the center-north 1/16 corner of said
Section 17, thence; along the east line of said S Yo of the NW 1/4,
S.00oO7'39" E., 1328.47 feet to center 1/4 of corner of said Section;
thence, along the south line of said NW 1/4,
S.89°29'53" W., 2651.27 feet to the 1/4 corner common to said
sections 17 and 18; thence along the west line of said NW 1/4,
N.OOoOO'OO" E., 1329.23 feet to the POINT OF BEGINNING.
CONTAINING 80.83 Acres, more or less.
EXCEPTING THEREFROM the right-of-way- for Locust Grove Road.
DEVELOPMENT AGREEMENT (AZ-99-020) - 13
EXHIBIT B
Findin~s of Fact and Conclusions of Law
DEVELOPMENT AGREEMENT (AZ-99-020)- 14
, '. ,
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12 -03-99
BEFORE THE MERIDlAL'\J CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF
WOODBRIDGE COMMUNITY,
LLC THE APPLICATION FOR
ANNEXATION AND ZONING
OF 80.83 ACRES FOR
WOODBRIDGE COMMUNITY
SUBDIVISION, PARCEL A
LOCATED AT 450 S. LOCUST
GROVE ROAD AND PARCEL B
LOCATED AT 385 S. LOCUST
GROVE ROAD, MERIDIAN,
IDAHO
Case No. AZ-99-020
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on
for public hearing on November I6, 1999, at the hour of 7:00 o'clock p.m" and Shari
Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of the Applicant was Pete O'Neal, and no one appeared in
opposition, and having received the Recommendation to City Council of the
Planning and Zoning Commission on this matter, and the City Council having duly
,i considered the evidence and the record in this matter therefore makes the following
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLClWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO, AZ-99-020
Findings of Fact and Conclusions of Law, and Decision and Order:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
Judicial Notice:
The Council may take judicial notice 'of government ordinances, and policies,
and of actual conditions existing within the City and State.
Annexation:
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section
11-2-417 provides the City may annex real property that is within the Meridian
Urban Service Planning Area which is designated in the Comprehensive Plan City of
Meridian adopted December 21,1993, Ord. No. 629, January 4,1994, and as
provided in § 11-2-417 C Revised and Compiled Ordinances of the City of Meridian.
2.
The City Council exercises its legislative authority in the annexation
and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho
65 (1983).
.i
Prior to annexation the City Council shall request and receive a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AJ'\ID DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLClWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
reconunendaÜon from the Planning and Zoning Commission of proposed zoning
ordinance changes for the area to be annexed in accordance with the notice and
hearing procedures provided in Section 67-6509, Idaho Code and concurrently or
immediately following the adoption of an ordinance of annexaÜon, the City Council
shall amend the Planning and Zoning Ordinance. [1.c. § 67-6525J [§ 11-2-417 A
Revised and Compiled Ordinances of the City of Meridian.]
Zoning:
3.
The City of Meridian shall exercise the powers conferred upon it by the
Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of
Title 67 Idaho Code which provides that the Council shall by ordinance establish
within its boundaries one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan. [I.c. § 67-65l1J.
4.
The "Zoning Ordinance" of the City of Meridian applies and regulates
all development of land within the City limits and property outside the City limits
for which annexation has been requested. [§ 11-2-401 C Revised and Compiled
Ordinances of the City of Meridian.J
5.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act" by the adoption of the "Zoning
.; Ordinance" of the City of Meridian, Idaho, which provides for various zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
A1'\JD DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLawOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
districts. [Title II Chapter 2 Section 400 et. seq. of the Revised and Compiled
Ordinances of the City of Meridian.
5.1
The "Zoning Ordinance" provides a zoning district for Parcel A
(R-4) Low Density Residential and for Parcel B (L-O) Limited
Office which are defined as: [§ 11-2-408 B 3 and § 11-2-408 B 7
Revised and Compiled Ordinances of the City of Meridian.]
Parcel A
(R-4) Low Density Residential District: Only single-family
dwellings shall be permitted and no conditional uses shall be
permitted except for Planned Residential Development and
public schools. The purpose of the (R-4) District is to permit the
establishment of low density single-family dwellings, and to
delineate those areas where predominately residential
development has, or is likely to occur in accord with the
Comprehensive Plan of the City, and to protect the integrity of
residential areas by prohibiting the intrusion of incompatible
non-residential uses. The (R-4) District allows for a maximum of
four (4) dwelling units per acre and requires connection to the
Municipal Water and Sewer systems of the City of Meridian.
Parcel B
.1
(LoO) Limited Office District: The purpose of the (L-O)District
is to permit the establishment of groupings of professional,
research, executive, administrative, accounting, clerical,
stenograplúc, public service and similar uses. Research uses shall .
not involve heavy testing operations of any kind or product
manufacturing of such a nature to create noise, vibration or
emissions of a nature offensive to the overall purpose of this
district. The L-O District is designed to act as a buffer between
other more intense non-residential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer System of the City of Meridian is a
requirement in this district.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLClWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO, AZ-99-020
5.2
5.3
5.4
5,5
.i
The "Zoning Ordinance" provides for a "Zoning Schedule for Use
Control" for land uses in various established zoning distriCts for
permitted use, conditional use and pem1itted accessory use. [§
11-2-407 A Revised and Compiled Ordinances of the City of
Meridian]
The "Zoning Ordinance" provides for a zoning District Map
where the zoning districts established by the ordinance are
shown. [§ 11-2-407 A Revised and Compiled Ordinances of the
City of Meridian.]
The "Zoning Ordinance" provides for general procedures for the
initiation and process of zoning amendment applications
including notice and hearing procedures before the Planning and
Zoning Commission and the City Council. [§ 11-2-416 A-F
Revised and Compiled Ordinances of the City of Meridian.]
The General Standards Applicable To Zoning Amendments
include the following [§ 11-2-416 K Revised and Compiled
Ordinances of the City of Meridian]:
5.5.1 Will the new zoning be harmonious with and in
accordance with the Comprehensive Plan and, if not, has
there been an application for a Comprehensive Plan
amendment;
5.5.2 Is the area included in the zoning amendment intended to
be rezoned in the future;
5.5.3 Is the area included in the zoning amendment intended to
be developed in the fashion that would be allowed under
the new zoning - for example, a residential area turning
into commercial area by means of conditional use permits;
5.5.4 Has there been a change in the area or adjacent areas
which may dictate that the area should be rezoned, For
example, have the streets been widened, new railroad
access been developed or planned or adjacent area being
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLClWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO, AZ-99-020
developed in a fashion similar to the proposed rezone
areas;
5.5,5 Will the proposed uses be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area;
5.5.6 Will the proposed uses not be hazardous or disturbing to
existing or future neighboring uses;
5.5.7 Will the area be served adequately by essential public
facilities and services such as highways. streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
adequately any of such services;
5.5.8 Will not create excessive additional requirements at public
cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
5.5.9 Will the proposed uses not involve uses, activities,
processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property
or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
5.5. 10 Will the area have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
5.5.11 Will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
.'
5.5.l2Is the proposed zoning amendment in the best interest of
the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLClWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
6.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho
Code by the adoption of Comprehensive Plan City of Meridian adopted December
21, 1993, Ord, No. 629, January 4, 1994.
Development Conditions:
7.
The City is authorized by I.C § 67-6511 A by the adoption of an
ordinance to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject parcel
which the City has enacted as a part ofthe "Zoning Ordinance" at §§ 11-2-416 Land
if the property is annexed and zoned 11-2-417 D of the Revised and Compiled
Ordinances of the City of Meridian.
8.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
9.
The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
,I 14., which pertains to pressurized irrigation systems.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLClWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
10.
The development of the property shall be subject to and controlled bv
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for November 16, 1999, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred (300') feet of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the November 16,
1999, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
,f evidence,
FINDINGS OF FACT At'\lD CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLOWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO, AZ-99-020
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4.
Parcel A is approximately 80.83 acres and Parcel B is approximately 1.5
acres in size. Parcel A is generally located at 450 S. Locust Grove Road and Parcel B
is located at 385 S. Locust Grove Road. The property is designated as Woodbridge
Community, as defined in Exhibit "A", consisting of two pages, attached hereto as if
set forth in full for Parcel A and Parcel B.
5.
The owner of record of Parcel A is James F. Griffin, of 450 S, Locust
Grove, Meridian, Idaho and the owner of Parcel B is Snorting Bull Investments, 385
S. Locust Grove in Meridian.
6.
Applicant is Woodbridge Community, LLC, of 100 N. 9th St. Suite
300, Boise, Idaho.
J
7.
Parcel A is presently zoned by Ada County as RT Rural Transitional
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPUCATION
FOR Ai."JNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLOWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
and is vacant, and Parcel B is Rl Single Family Residential, and consists of a single
family residence.
8.
The Applicant requested Parcel A be zoned as (R4) Low Density
Residential and Parcel B as (LO) Meridian Limited Office.
9.
Parcel A is located east of Locust Grove Road south of Greenhill Estates
north of Locust View Heights Subdivision and west of amended Magic View
Subdivision. Parcel B is located west of Locust Grove Road, east of Stonebridge
Business Park.
10.
Parcel A is bordered to the north by Greenhill Estates to the east by
Magic View Estates and to the south by Locust View Heights and to the northwest is
Parcel B. Parcel B is surrounded by Stonebridge Business Park to the west, rural
single family residential development to the north, the proposed Cobblestone village
apartment complex is approximately 1,000 feet to the north at the southwest corner
of Locust Grove and Frarù<.lin. The city limits of the City of Meridian are adjacent
and abut to the west of Parcel B of the subject property.
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
.' Service Planning Area as the Urban Service Planning Area is defined in the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRlDGE
COMMUNITY, LLClWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
Comprehensive Plan.
13.
The Applicant proposes to develop Parcel A in the following manner:
construction and development of a 283 single family residential subdivision and to
develop Parcel B.
14.
The Applicant requestS zoning of the subject real property for Parcel A
as Low Density Residential (R4) and Parcel B as Limited Office (LO).
15.
The application is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Mixed Planned
Use Development. The following Comprehensive Plan policies are relevant to this
application:
Parcel B:
11.1 Economic Development Chapter - Policies 1.2 and 1.3
11.2 Land Use Chapter - Policies 4.5U, 4.8U, 5.8, 5.9, and 5.11
11.3 Transportation Chapter - This section of Locust Grove is currently
designated as a Minor Arterial on the Functional Street Classification
map. Due to their required width, Minor Arterials may serve as land use
buffers for incompatible uses and boundaries between neighborhoods.
On July 19, 1999, the APA Board moved the proposed Locust Grove/I-
84 overpass from the Destination 2020 Plan (soft projection) to the
Transportation Improvement Plan (hard planning document). APA
projects a dramatic increase in traffic for Locust Grove south of Franklin
when the overpass is constructed.
.'
11.4 Community Design Chapter - Policy 2.1U
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLCiWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
'oj
Parcel A:
11.5 Economic Development Chapter - Policies 3.1 U, 3.2U
11.6 Land Use Chapter. Policies 2.1U, 2.2U. 2.3U. 6,3.c
11.7 Natural Resources and Hazardous Areas Chapter - Policies l.lU, 2.1 U,
2.5U, 3.lU, 4.1U
11.8 Transponation Chapter - Policies 1.6U, 1.9U
11,9 Open Space. Parks & Recreation - Policies 3,1, 5.3
lUO Housing Chapter - Policies 1.3, 1.4, 1.7, U2, 1.l3U, 1.18
11.11 Community Design Chapter. Policies 1.8, 5.2U
16.
There are no significant or scenic features of major importance that
affect the consideration of this application.
17.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed and which restrict the use and development of the subject real property
Parcel B: under and pursuant to conditional use permit process and the use and
development of the subject real property; Parcel A: be subject to Planned Unit
Development/Conditional Use Permit process.
.'
18.
It is found that if the developer pays for the requested improvement and
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLQ'WOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
complies with the conditions set forth in these findings of fact, and all sub-pans, the
economic welfare of the City and its residents and tax and rate payers \\Till be
protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
19.
It is found that the development considerations which must be taken
into account, in order to assure the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and appropriate in
appearance with the existing, or intended character of the general vicinity, in order to
assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to
the existing, or future neighboring uses, particularly considering the impact of
proposed development on potential to produce excessive traffic, noise, smoke, fumes,
glare and odors, and can best be handled by requiring as a condition of development
and use on said parcel that all development and use on and of the subject real
property will be subject to a Parcel B: under and pursuant to conditional use permit
process and the use and development of the subject real property; Parcel A: be subject
to Planned Unit Development/Conditional Use Permit process.
.1
19.1 Parcel A: Ordinance No. 9-607.F. states that any conditions attached to
a Final Development Plan for Planned Development projects run with
the land and shall not lapse or be waived as the result of any subsequent
change in tenancy or ownership.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGiWOODBRIDGE
COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
19,2 A Development Agreement will be required as a condition of annexation
for both parcels.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE At"\JD
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the
City Council does hereby Order and this does Order:
1.
The applicant's request for annexation and zoning of approximately
80.83 acres for Parcel A be zoned as (R-4) Low Density Residential and Parcel B be
zoned as (L-O) Limited Office, are granted subject to the terms and conditions of this
Order hereinafter stated.
2.
The application is for annexation and zoning of 80.83 acres. The
legal descriptions shall be prepared by a Registered Land Surveyor, Licensed by the
State of Idaho, and shall conform to all the provisions of the City of Meridian
Resolution No. 158. The legal description for annexation must place this parcel
contiguous to the Corporate City Limits per Ordinance No. 686.
3.
The Owner and Developer of each parcel is to enter into a Development
Agreement. There shall be a development agreement for parcel A and a development
agreement for parcel B.
".
3.1
Parcel B: under and pursuant to conditional use permit process and the
use and development of the subject real property; Parcel A: be subject to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRlDGE
COMMUNITY, LLC/WOODBRlDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
Planned Unit Development/Conditional Use Permit process,
3,2
The Development Agreement governing parcel A shall include and
contain the following conditions that the use and development of the
subject parcel shall be in accordance with a Planned
Development/Conditional Use process,
3.3
The Development Agreements. Shall each contain provisions that the
conditions imposed in the approval of the conditional use permit and/or
planned development shall be included automatically as an amendment
to the development agreement nunc pro tunc.
4.
The City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation of the
real property which is the subject of the application for Parcel A to (R-4) Low
Density Residential and Parcel B to (L-O) Limited Office. (§ 11-2-408 B 3 and 7 of
the Revised and Compiled Ordinances of the City of Meridian).
5.
Subsequent to the passage of the Ordinance provided for in
section 4 of this Order the engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the official boundaries and zoning maps
as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of
Meridian in accordance with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please tal,e notice that this is a final action of the governing body of the City
.j of Meridian, Pursuant to Idaho Code § 67-6521 an affected person is a person who
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLClWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO, AZ-99-020
has an imerest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twemy-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of Ì;tCffn6-trv. ,1999.
ROLL CALL
7th
COUNCILMAN RON ANDERSON
VOTED t1 /;F.ø;.J;--
COUNCIUvlAN GLENN BENTLEY
VOTED~«"'"
COUNCILMAN KEITH BIRD
VOTED$CC-
COUNCILMAN CHARLIE ROUNTREE
VOTED*C\....-
IvlAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /2-- '7- 'fC:¡
VOTED -
MOTION:
" APPROVE£!. gcJ ~ROVED:-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLClWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
Copy served upon Applicant. the Planning and Zoning Depanment, Public Works
Department and the City Attorney.
BY:~Æ~~~ ç¡
ity Clerk t/
Dated:
/2 -7-f9
-
,i
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WOODBRIDGE
COMMUNITY, LLClWOODBRIDGE COMMUNITY SUBDIVISION
CASE NO. AZ-99-020
/'
./
AMENDED September 7, 1999
DATE: July 26, 1999
PROJECT: 98048
PAGE: 1 of 2
EXHIBIT "A"
BOUNDARY DESCRIPTION
For
ANNEXATION TO THE CITY OF MERIDIAN
Two parcels of land sitUated in SectÌons 17 and 18, T.3N., R.IE., B.M., Ada County, Idaho,
more panicularly described as follows:
PARCEL A
A parcel ofland being the SVz of the NWJA of SectÌon 17, described as BEGINNING at the north
1/16 corner common to said Sections 17 and 18 as shown on Record of Survey No. 1199; thence,
along the exterior lines of said S!II of the NWJA, through the following courses:
1)
N.89°30'51"E., 2648.31 feet to the center-north 1/16 comer of said SectÌon 17,
thence; along the east line of said SVz of the NWJA,
2)
S.OOO07'39"E., 1328.47 feet to the center JA corner of said Section; thence, along
the south line of said NW JA , .
3)
S.89°29'53"W., 2651.27 feet to the JA corner common to said Sections 17 and 18;
thence, along the west line of said NWJA,
4)
N.OOOOO'OO"E., 1329.23 feet to the POINT OF BEGINNING.
CONTAINING 80.83 Acres, more or less.
EXCEPTING THEREFROM the right-of-way for Locust Grove Road.
PARCEL B
A parcel ofland in the NEJA of the NEJA of Section 18, T.3N., R.IE., B.M., Ada County, Idaho,
described as BEGINNING at the southeast comer of the northeast quarter northeast quarter of
SectÌon 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is south
along the east side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet
.' from a bronze cap marking the northeast comer of said SectÌon 18; thence,
5)
South 89 degrees 11 Vz' West, along the south side of the northeast quarter
northeast quarter of said Section 18 a distance of 438.7 feet to a steel pin; thence,
H:\98048lAnnex-Desc.Doc:
DATE:
PROJECT:
PAGE:
6)
7)
8)
July 26, 1999
98048
2 of2
North 0 degree 55' East, 149.0 feet [0 a steel pin; thence,
North 89 degrees 11 1h' East., 436.3 feet to a steel pin; thence,
South, 149.0 feet along the east side of said Section 18 to the REAL POINT OF
BEGINNING.
CONTAINING 1.5 Acres more or less
.i
H:\98048IAMCA-Deso.Doc
~
OCT 0 5 1999
~ PUBLIC WORKS DEPT.
RESOLUTION NO..2£}ß
BY: /á/fA.. ß/r£
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND WOODBRIDGE COMMUNITY, LLC,
DEVELOPER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into
an agreement with WOODBRIDGE COMMUNITY, LLC, denoted as
"DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as
Exhibit "A" to this Resolution, the reasons and authority for which are as set
forth in said Agreernent.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian that certain agreement with WOODBRIDGE COMMUNITY, LLC,
entitled "DEVELOPMENT AGREEMENT", by and between the City of
Meridian and WOODBRIDGE COMMUNITY, LLC, a copy of which is attached
hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms
and conditions. o-H.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~
day of ~~ ' 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I g-rt--
day of J ~:J ' 2000.
1.
RESOLUTION AUTHORIZING THE MAYOR TO - PAGE 1 OF 2
ENTER INTO A DEVELOPMENT AGREEMENT
WITH WOODBRIDGE COMMUNITY, LLC (AZ-99-020)
~ViO~;
A R
ATTEST:
msg/Z:\ Work\M\Meridian 15360M\ Woodbridge Community\RESOLUTION
RESOLUTION AUTHORIZING TIIE MAYOR TO - PAGE 2 OF 2 -
ENTER INTO A DEVELOPMENT AGREEMENT
WITH WOODBRIDGE COMMUNITY, LLC (AZ-99-020)
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
I.
That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State ofIdaho, with its principal
office at 33 East Idaho, Meridian, Idaho,
2.
That as the City Clerk of this City, I am the custodian of its records and minutes
and do hereby certifY that on the / 8~ day of ~ I1AA. {l/L.ci- , 2000, the
following action has been taken and authorized: . (j
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO
ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF
MERIDIAN AND WOODBRIDGE COMMUNITY, LLC, DEVELOPER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into
an agreement with WOODBRIDGE COMMUNITY, LLC, denoted as
"DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as
Exhibit "A" to this Resolution, the reasons and authority for which are as set
forth in said Agreernent.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1.
The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian that certain agreement with WOODBRIDGE COMMUNITY, LLC,
entitled "DEVELOPMENT AGREEMENT", by and between the City of
Meridian and WOODBRIDGE COMMUNITY, LLC, a copy of which is attached
hereto marked as Exhibit "A" to this Resolution and to bind this City to its tenns
and conditions,
STATE OF IDAHO,
: ss.
County of Ada, )
~h Qn th~ !~tb day of ::1:NA.tVy-~ ,in the year 2000, before me,
~~ æý,2tU , a Notary Public, appeared WILLIAM
G. BER ., JR., 1m wn or identified to me to be the City Clerk of the City of
Meridian, Idaho, that executed the said instrument, and acknowledged to me
that he executed the same on behalf of the City of Meridian.
~blic lo'ldaho
Commission Expires: q I Jft¡ I tJV
(SEAL)
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