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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