CC - Modification Description
Original Project Name:
Ten Mile and McMillian
File No.: H-2019-0126
Meridian City Council Approval:
Findings of Fact, Conclusions of Law, and Decision & Order,
Dated January 21, 2020
Development Agreement:
Development Agreement, dated March 20, 2020,
Instrument No. 2020-040967
Recorded April 9, 2020
Reason For Request:
To remove the requirement for a cross access easement over, across, and on a portion
of Lots 8 and 9, now legally described as set forth below, and shown as the Building B on Exhibit
B, Staff Report, Exhibit A, Section B (Exhibit A - Page 5) and as the Senior Living/Multi-Family on
Exhibit B, Staff Report, Exhibit A, Section 5, (Exhibit A - Page 6) of the original Development
Agreement. Based on a review of the original Development Agreement and the design plan, it
appears the requirement for a cross-access easement on the Senior Living Facility was in error
and that easement was intended to cover only the commercial parcels in the larger
development and the parcel at the southwest corner adjacent to the Project, which is not
subject to the Development Agreement. The subject property as shown on the attached site
plans to the Development Agreement show the proposed development would not have access
points to the commercial units and would not require cross-access.
Modified Development Agreement Sections:
Section 5.1.c
An easement agreement shall be recorded granting cross access/cross-parking to all lots in the
development, excluding that real property legally described on Exhibit C to the Development
Agreement, which shall be developed as multi-family development restricted to seniors, age 55
and older (the “Excluded Property”) but, including the parcel at the southwest corner of this
site that is not subject to this agreement. A recorded copy of said easement agreement shall be
submitted to the Planning Division prior to issuance of the first Certificate of Zoning Compliance
application for the site.
Exhibit C
Excluded Property
Formatted: Centered