Wesley Subdivision AZ 00-002
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Centers Construction, Inc., O"vner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this ((;:; day of~, 2000, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and CENTERS CONSTRUCTION, INC., hereinafter
called "OWNER/DEVELOPER", whose address is PO Box 518, Meridian,
Idaho 83680.
1.
RECITALS:
1.1 WHEREAS, "Owner/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
1.2 WHEREAS, I.c. s67 ~6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re~zoning that the owner or "Owner/Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory allthority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Medium Densitv Residential District (R-8) and Limited
,
Office District (L-O), (Meridian City Code ~s 11-7-2 D
and G); and
DEVELOPMENT AGREEMENT (AZ-OO-002) - 1
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1.5 WHEREAS, "Owner/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" vvill be developed and
what improvements 'will be made; and
1.6 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
1.7 WHEREAS, City Council, the2piday of IJttvu:Jv, 2000,
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
1.8 WHEREAS, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
1.9 "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 "Owner/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
DEVELOPMENT AGREEMENT (AZ-OO-002) - 2
designation from government subdivisions providing
services within the planning jurisdiction and fronl affected
property owners and to ensure annexation and zoning
designation is in accordance 'with the Comprehensive Plan
of the City of !vleridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
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
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "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 of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Centers
Construction, Inc., whose address is PO Box 518,
Meridian, Idaho 83680, the party developing said
"Property" and shall include any subsequent
ovvner(s)/developer(s) of the "Property".
3.3 "OWNER": means and refers to Owner of the property as
described in Exhibit "A", Centers Construction, Inc., whose
address is PO Box 518, Meridian, Idaho 83680.
3.4 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
DEVELOPj\.IlENT AGREEMENT (AZ-OO-002) - 3
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City'''s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 D and G
which are herein specified as follows:
(R-8) Medium Density Residential District: The purpose of
the R-8 District is to permit the establishment of single- and two-
family dwellings at a density not exceeding eight (8) dwelling
units per acre. This District delineates those areas where such
development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit
the conversion of large homes into two-family dwellings in well-
established neighborhoods of comparable land use. Connection
to the Municipal water and sewer systems of the City is required.
(L-O) Limited Office District: The purpose of the L-O District
is to permit the establishment of groupings of professional,
research, executive, administrative, accounting, clerical,
stenographic, public service and similaI uses. Research uses shall
not involve heavy testing operations of any kind OI 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 nonresidential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in
this District.
With the further restriction that all uses and development
of the subject real property shall be governed under the
conditional use permit process as a planned developnlent.
DEVELOPMENT AGREEMENT (AZ-OO-002) - 4
For the constntction and development of professional offices
and townhouses.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5, DEVELOPMENT IN CONDITIONAL USE:
"Developer"/"Owner" have 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.A "Developer"/"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not met by the Developer that the property
shall be subject to de-annexation, with the City of
Meridian which provides for the following conditions of
development to-wit:
6.1 Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval
submitted to the Public Works Department.
6.2 Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
DEVELOPMENT AGREEMENT (AZ-OO-002) - 5
6,3 Any development of this property shall be conducted
under planned unit development procedures and as
conditional Llses,
6.4 The annexation ordinance shall include a provision that all
uses are to be developed under the planned unit
development process and conditional use permit process.
The Planning and Zoning Commission and City Council
shall set specific criteria for landscaping, fencing, signage,
etc., as part of the approval process, which approval will
run with the land.
6.5 A minimum landscaped setback of 20 feet beyond required
ACHD right~of-way shall be provided on Locust Grove
Road. Buffering of adjacent properties form the office use
vviIl be reviewed as part of the conditional use permit.
6.6 Dedicate 48-feet of right-of-way from the centerline of
Locust Crove Road abutting the parcel by means of
recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a building pefmit (or
other required permits), whichever occurs first.
6.7 Provide a $4,400 deposit to the Public Road Trust Fund
for the cost of constructing a 5-foot wide concrete sidewalk
on Locust Grove Road abutting the site, approximately
220-feet.
6.8 Locate any proposed streets to offset a minimum of 125-
feet (measured centerline to centerline) from any
proposed/existing streets.
6.9 As required by District policy, restrictions on the width,
number and locations of driveways, shall be placed on
future development of this parcel.
6.10 Direct lot Of parcel access to Locust Grove Road is
prohibited.
DEVELOPMENT AGREEMENT (AZ-OO-002) - 6
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"/"Owner" or
"Developer'''s/''Ovvner's'' heirs, successors, assigns, to comply vvith Section 6
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
r.c. S 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer"/"Owner" 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"/"Owner" and
if the "Developer"/"Owner" fails to cure such failure
vvithin SLX (6) months of such notice.
9. INSPECTION: "Developer"/"Owner" 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. DEFAULT:
10.1 In the event "Developer"/"Owner",
"Developer'''s/''Owner's'' heirs, successors, assigns, or
subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City"
DEVELOPMENT AGREEMENT (AZ-OO-002) - 7
upon compliance with the requirements of the Zoning
Ordinance.
10.2 A waiver by "City" of any default by "Developer"/"Owner"
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 rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", 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.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer"/"Owner", 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.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer"/"Owner" 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,
DEVELOPMENT AGREEMENT (AZ-OO-002) - 8
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.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Developer"/"Owner" or
"City" is delayed for causes which are beyond the
reasonable control of the 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.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code s12-5~3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
15, CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Developer"/"Owner" 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".
16. ABIDE BY ALL CITY ORDINANCES: That
"Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de-annexation if the owner or his
assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
DEVELOPMENT AGREEMENT (AZ-OO-002) - 9
17. 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:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Centers Construction, Inc.
PO Box 518'
Meridian, Idaho 83680
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 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,
18. 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.
19. 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.
DEVELOPMENT AGREEMENT (AZ-OO-002) - 10
20. 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.
21. 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,
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"Owner/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 "Ovvner/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".
22.1 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
DEVELOPMENT AGREEMENT (AZ-OO-002) - 11
amendment in force at the time of the proposed
amendment.
23. 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-DD-D02) .12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and IYIade it effective as hereinabove provided.
CENTERS CONSTRUCTION, INC.
BY: ~g/ C~
Allen Lee Centers, resident
AM: _ n J- .
0Jl ~ '^- \t\.Q; ~J leJvj)
Dianne Centers, Secretary
BY RESOLUTION NO.
CITY OF MERIDIAN
D.~
D. Corrie
DEVELOPMENT AGREEMENT (AZ-OO-002) - 13
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this &fh day of A-tJr/) , in the year 2000,
before me, Lo#Jtnht E. )jp.!:iL a Not~ry Public, personally appeared Allen Lee
Centers and Dianne Centers, known or identified to me to be the President and
Secretary of Centers Construction, 1ne., who executed the instrument on behalf
of Centers Construction, Ine. and acknowledged to me having executed the same.
(SEAL)
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Notary Public for Idaho
Commission expires: 10 /:.rJ/ 2&03
STATE OF IDAHO
County of Ada
On this
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day of
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, in the year 2000,
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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Commission expires: tf -010 -1)'0
DEVELOPMENT AGREEMENT (AZ-OO-002) - 14
EXHIBIT A
Legal Description Of Property
MEDIUM DENSITY RESIDENTIAL (R~8)
A portion of the northeast quarter of the southeast quarter of Section 6,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Comnlencing at the southeast corner of said Section 6, which bears S
00010'20" E, 2,641.31 feet from the east quarter corner of said Section 6;
thence N 00010'20" W 1,320.19 feet (formerly described as N 00008'20" E,
1,320.42 feet) along the easterly boundary of said Section 6 to the southeast
corner of the northeast quarter of the southeast quarter of said Section 6;
thence S 89030'00" W, 216.06 feet along the southerly boundary of the
northeast quarter of the southeast quarter of said Section 6 to the Real Point
of Beginning:
Thence continuing S 89030'00" W, 765.86 feet (formerly described as S
89052'W) along the southerly boundary of the northeast quarter of the
southeast quarter of said Section 6 to the southeast corner of Meridian Place
Subdivision No.1, as shown on the official plat thereof on file in the office of
the Ada County Recorder;
Thence N 00007'00" W, 259.32 feet (formerly described as North 257.37 feet)
along the easterly boundary of said Meridian Place Subdivision No.1 to the
southwesterly boundary of Gem Park Subdivision, as shown on the official plat
thereof on file in the office of the Ada County Recorder;
Thence S 81053'30" E, 298.93 feet (formerly described as S 81035'30" E,
298.92 feet) along the southwesterly boundary of said Gem Park Subdivision;
Thence N 89003'50" E, 468.58 feet (formerly described as N 89021'50" E)
along the southerly boundary of said Gem Park Subdivision;
DEVELOPMENT AGREEMENT (AZ-OO-002) - 15
Thence S 00030'00" E, 218.13 feet along a line perpendicular to the southerly
boundary of the northeast quarter of the southeast quarter of said Section 6 to
the Real Point of Beginning.
Comprising 3.940 acres, more or less.
Subject to easem.ents or right~of-ways of record or apparent.
AJ.'\ID
LIMITED OFFICE (LwO)
A portion of the northeast quarter of the southeast quarter of Section 6,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the southeast corner of said Section 6, which bears S
00010'20" E, 2,641.31 feet from the east quarter corner of said Section 6;
thence N 00010'20" W, 1,320.19 feet (formerly described as N 00008'20" E,
1,320.42 feet) along the easterly boundary of said Section 6 to the southeast
corner of the northeast quarter of the southeast quarter of said Section 6,
which is the Real Point of Beginning:
Thence S 89030'00" W, 216.06 feet (formerly described as S 89052' W) along
the southerly boundary of the northeast quarter of the southeast quarter of
said Section 6;
Thence N 00030'0011 W, 218.13 feet along a line perpendicular to the southerly
boundary of the northeast quarter of the southeast quarter of said Section 6,
to the southerly boundary of Gem Park Subdivision, as shovvn on the official
plat thereof on file in the office of the Ada County Recorder;
Thence N 89003'50" E, 217.32 feet (formerly described as N 89021'50" E)
along the southerly boundary of said Gem Park Subdivision to the easterly
boundary of said Section 6;
DEVELOPMENT AGREEMENT (AZ-OO-002) - 16
Thence S 00010'20" E, 219.79 feet (formerly described as S 00008'20" W,
219.00 feet) along the easterly boundary of said Section 6 to the Real Point of
Beginning.
Comprising 1.089 acres, more or less.
Subject to easements or right-of.ways of record or apparent.
DEVELOPMENT AGREEMENT (AZ-OO-002) - 17
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian 15360M\Centers Subd\DevelopAgr
DEVELOPMENT AGREEMENT (AZ-OO-002) - 18
03-09-00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE rvlA TTER OF THE )
APPLICATION OF CENTERS )
CONSTRUCTION, THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF ~.029 ACRES FOR CENTERS )
SUBDIVISION, LOCATED AT )
THE WEST SIDE OF LOCUST )
GROVE NORTH OF FAIRVIEW, )
MERIDIAN, IDAHO )
)
Case No. AZ~OO-002
FINDINGS OF FACT AND
CONCLUSIONS OF LA 'YV AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application haYing come on for
public hearing on February 15, 2000, at the hour of 7:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and Joe Canning of B &
A Engineers, appeared and testified on behalf of the Applicant, and appearing and
testifying'with comments or concerns was: Bill Weaver, and the matter being
continued until March 7, 2000, and Brad Hawkins-Clark, Planning and Zoning
Assistant Planner, appeared and testified, and Joe Canning of B &A Engineers,
appeared and testified on behalf of the Applicant, and appearing and testifying with
comments or concerns was: Tina Monsen, and the City Council having duly
FINDINGS OF FACT .AND CONCLUSIONS OF LAvV - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-OO-002)
considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
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 Febntary 15,2000, and continued until Nlarch 7, 2000, before the City
Council, the first publication appearing and "vritten notice having been mailed to
property owners or purchasers of record within three hundred feet (300') 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 February 15,2000, and continued until March 7, 2000, public
hearing; and the applicant, affected property ovvners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance ....vith all notice and hearing requirements set
forth in Idaho Code ss 67-6509 and 67-6511, and 1vleridian City Code ss 11-15-5
and 11-16-1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING .APPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (.AZ-00-002)
3, The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, lvleridian City Code, and an
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. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 5,029 acres in size and is located at
the west side of Locust Grove north of Fairview. The property is designated as
Centers Subdivision.
5. The owner of record of the subject property is Centers Construction,
Ine., of PO Box 518, IvIeridian, Idaho.
6. Applicant is the owner of record.
7. The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of a large vacant lot.
8. The Applicant requests the property be zoned as Limited Office (L-O)
and Medium Density Residential (R-8).
9. The subject property is bordered to the north by residential
development and city limits of the City of Meridian are adjacent and abut to the
west, north and east of the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
Al'\fD DECISION Al"l'D ORDER GRANTING .A.PPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-OO-002)
10. The property which is the subject of this application is within the Area
of Impact of the City of Nleridian.
11. The entire parcel of the property is included 'within the Nleridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan,
12, The Applicant proposes to develop the subject property in the follmving
manner: develop professional offices and townhouses.
13. The Applicant requests zoning of the subject real property as R-8 and L-
o which is consistent "vith the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Mh<:edIPlanned Use Development.
14. There are no significant or scenic features of major importance that
affect the consideration of this application.
15. 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:
Adopt the Recommendations of Planning and Zoning Staff as follows:
15.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. Plans "vill
need to be approved by the appropriate irrigation/drainage district, or
FINDINGS OF FACT Ai'TD CONCLUSIONS OF LA. W - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-00-002)
lateral users association, with written confirmation of said approval
submitted to the Public \tVorks Department.
15.2 Any existing domestic wells and/or septic systems "vithin this project will
have to be removed from their domestic service per City Ordinance.
'vVells may be used for non-domestic purposes such as landscape
irrigation.
15.3 Any development of this property shall be conducted under planned
unit development procedures and as conditional uses.
15.4 A development agreement shall be required as a condition of
annexation. The annexation ordinance shall include a provision that all
uses are to be developed under the planned unit development process
and conditional use permit process. The Planning and Zoning
Commission and City Council "vill be able to set specific criteria for
landscaping, fencing, signage, etc., as part of the approval process, which
approval "vill run with the land.
15.5 A minimum landscaped setback of 20 feet beyond required ACHD
right-of-way shall be provided on Locust Grove Road. Buffering of
adjacent properties from the office use will be reviewed as part of the
conditional use permit.
Adopt the Recommendations of the Ada County Highway District as follows;
15.6 Dedicate 48-feet of right-of-way from the centerline of Locust Grove
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
15.7 Provide a $4,400 deposit to the Public Road Trust Fund for the cost of
constructing a 5-foot "vide concrete sidewalk on Locust Grove Road
abutting the site, approximately 220-feet.
15.8 Locate any proposed streets to offset a minimum of 125-feet (measured
centerline to centerline) from any proposed/existing streets.
15.9 As required by District policy, restrictions on the "vidth, number and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
Al'-JD DECISION AND ORDER GRANTING APPLICATION
FOR AL"INEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-00-002)
locations of driveways, shall be placed on future developm.ent of this
parceL
IS. lO Direct lot or parcel access to Locust Grove Road is prohibited.
16. It is found that if the developer pays for the requested improvements
and complies 'with the conditions set forth in these Findings of Fact No. IS, and all
sub-parts, the economic welfare of the City and its residents and t3.,'{ and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
17. It is also found that the development considerations as referenced in
Finding No. IS are reasonable to require and 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 "vith the existing, or
intended character of the general vicinity, in order to assure that the proposed use
"vill not change the essential character of the affected vicinity and "vill insure that the
proposed uses "vill 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.
18. It is found that the zoning of the subject real property as Limited Office
(L-O) and Medium Density Residential (R~8) requires connection to the Municipal
Water and Sewer systems and "vill be compatible with the Applicant's development
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRA.NTING APPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-OO-002)
intentions, and 'will assure that the zoning is consistent with the LYIeridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as NrLxedlPlanned Use Development.
19. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
19.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth 'with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
19.2 This proposed new growth development 'will finance public service
expansion by the requirement herein that the applicant comply "vith the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
19.3 The application is consistent "vith Meridian's self identity.
19.4 The preservation and improvement of the character and quality of
.iVleridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
19.5 Compliance "vith the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning .Area is visually attractive, efficiently managed and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION At"JD ORDER GRANTING APPLICATION
FOR Al'\INEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-OO-002)
dearly identifiable.
19.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
20. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon "vritten
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 Meridian City Code S 11-16 provides the City may
annex real property that is vvithin the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Ivleridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', 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.
4, The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 8
AND DECISION AND ORDER GRA1'\fTING APPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-OO-002)
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Ivleridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-vvide and Urban Service Planning Area
policies, which deal vvith area-specific policies and
programs.
4,2 To ensure that gro'wth and development occur in an
orderly fashion in accordance vvith adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 To encourage the kind of economic grovvth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through
FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 9
AND DECISION Ai'JD ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ~00-002)
the use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4.B Comprehensive Plan Policies:
The subject property is located in an area designated as Mi...'XedlPlanned Use
Development in the lvIeridian Comprehensive Plan. The goals and policies
listed below most directly apply to the proposed project:
Goals Section
Goal 4: To provide housing opportunities for all economic groups within the community.
Goal 8: To establish compatible and efficient use of land through the use of innovative and
functional site design.
Goal 9: To encourage a balance ofland use patterns to ensure that revenues pay for services.
Goal 10: To create an Urban Service Planning Area which is visually attractive, efficiently
managed and clearly identifiable.
Economic Development Chapter
3.1 U - Approve quality housing projects that meet the needs of all economic levels.
3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . .
Land Use Chapter
Goal: All land use development in the Meridian area will be considered an asset to the
community and not detract from our quality of life.
1.4U - Encourage new development which reinforces the City's present development pattern of
higher-density development within the Old Town area and lower-density development in outlying
areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AL"JD DECISION AND ORDER GRANTING APPLICATION
FOR AL"JNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-00-002)
1.3U - Promote the development of high-quality and environmentally compatible residential
areas that contain the necessary parks, schools and commercial facilities to maintain and form
identifiable neighborhoods.
2.1 U - Support a variety of residential categories for the purpose of providing the City with a
range of affordable housing opportunities.
2.3U - Protect and maintain residential neighborhood property values, Improve each
neighborhood's physical condition and enhance its quality of life for residents.
2AU - Encourage sidewalks and paved streets for all existing neighborhoods..,
2.5U - Encourage compatible infill development which will improve existing neighborhoods,
5.16U - All development requests will be subject to development review and conditional use
permit processing to ensure neighborhood compatibility.
5.17U - A variety of coordinated, plarmed and compatible land uses are desirable for this area,
including low- to high-density residential, office, light industrial and commercial land uses.
5.18U - Existing residential properties will be protected from incompatible land use development
in this area. Screening and buffers will be incorporated into all development requests in this area.
Transportation Chapter
Local Streets: Serve primarily to provide direct access to abutting residential units and should be
for local traffic movement. They are generally two lanes with parking with a right-of-way width
of about 50 feet. Service to through-traffic is discouraged, The remaining transportation corridors
of the Meridian Urban Service Planning Area are recommended for local street status.
l.2U - Achieve a local transportation system connected to all modes of the regional transportation
system.
1 AU - Monitor and coordinate the compatibility of the land use and transportation system.
1.19U - Encourage proper design of residential neighborhoods to ensure their safety and
tranquility.
Housin~ Chapter
1.4 ~ The development of housing for all income groups close to employment and shopping
centers should be encouraged.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING A.PPLICATION
FOR ANNEXATION i\ND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-OO-002)
1.6 - Housing proposals shall be phased with transportation, open space and public service and
facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-
in between new residential areas and service needs.
1.9 - The efficient use of land for public facilities, transportation systems, utilities, and the
economic arrangement of buildings should be promoted,
1.12 - Land development regulations should be revised to encourage the infilling of existing
vacant parcels within the city limits,
l.13U - Infilling of random vacant lots in substantially developed, single-family areas should be
considered at densities similar to surrounding development. Increased densities on random vacant
lots should be considered if:
a. The cost of such a parcel of land precludes development at surrounding densities;
b, Development of uses other than single-family structures are compatible with
surrounding development;
c. It complies with the updated Comprehensive Plan.
1.14 - Design and performance standards should be applied to infilling development in order to
reduce adverse impacts upon existing adj acent development.
1.15 - Owners or rerrmant residential parcels or partially-developed residential parcels should be
encouraged to consolidate these properties where possible to prevent the proliferation of
small parcels of vacant land within the city limits.
1.19 - High-density development, where possible, should be located near open space corridors or
other permanent major open space and park facilities, and near major access
thoroughfares.
Community Design Chapter
6.1 U - All Meridian neighborhoods will be served with sidewalks, curb and gutters, and
functional streets,
6.2U - Pedestrian access connectors will be required in all new development to link subdivisions
together to promote neighborhood identity.
6.11 U - Promote well-plaooed and well-designed affordable housing III all Meridian
neighborhoods.
5. The requested zonings of Limited Office (L-O) and Medium Density
FINDINGS OF FACT Al"ID CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-OO-002)
2-4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of j'yleridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a -..vritten
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the property. A
commitment is binding on the ovvner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
o-..vner and each other person acquiring an interest in the property has actual
notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
L The applicant's request for annexation and zoning of approximately
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION .AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-OO-002)
5.029 acres to Limited Office District (L-O) and Medium Density Residential District
(R-8) is granted subject to the terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 5.029 acres. The legal
description 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. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, 'with the City of Meridian, which provides for the follovving
conditions of development, to-vvit:
3.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. Plans vvill
need to be approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public Works Department.
3.2 Any existing domestic wells and/or septic systems within this project vvill
have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation,
3.3 Any development of this property shall be conducted under planned unit
development procedures and as conditional uses.
3.4 A development agreement shall be required as a condition of annexation.
The annexation ordinance shall include a provision that all uses are to be
developed under the planned unit development process and conditional
FINDINGS OF FACT A1"TD CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-00-002)
use permit process. The Planning and Zoning Commission and City
Council 'will be able to set specific criteria for landscaping, fencing,
signage, etc., as part of the approval process, which approval "vill run
vvith the land.
3.5 A minimum landscaped setback of 20 feet beyond required ACHD right-
of-way shall be provided on Locust Grove Road. Buffering of adjacent
properties form the office use will be reviewed as part of the conditional
use permit.
3.6 Dedicate 48-feet of right-of~way" from the centerline of Locust Grove
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
3.7 Provide a $4,400 deposit to the Public Road Tnlst Fund for the cost of
constructing a 5-foot wide concrete sidewalk on Locust Grove Road
abutting the site, approximately 220-feet.
3.8 Locate any proposed streets to offset a minimum of 125-feet (measured
centerline to centerline) from any proposed/existing streets.
3.9 As required by District policy, restrictions on the vvidth, number and
locations of driveways, shall be placed on future development of this
parcel.
3.10 Direct lot or parcel access to Locust Grove Road is prohibited.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-8) Medium Density Residential
District and (L-O) Limited Office District, :tv1eridian City Code S 11-7-2 C and 11-7-2
G.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 16
AND DECISION At'\!D ORDER GRANTING APPLICATION
FOR ANNEXATION At'\!D ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ~00-002)
this Order the engineering staff of the Public VV orks Depanment shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Nleridian City Code S 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Nleridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may vvithin twenty-eight (28) days after
the date of this decision and order seek a judicial review as provided by Chapter 52,
Title 67, Idaho Code.
2(S?
By action of the City Council at its regular meeting held on the
dav
...
of
/l1~d'L-
,2000.
ROLL CALL
COUNCILMAN RON AL"IDERSON
VOTED-$-"'---
COUNCILIvlAN KEITH BIRD
VOTED$CC
COUNCILMAl"J TAMlvlY deWEERD
VOTED$/Z.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION .A.ND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-OO-002)
COUNCILlYlAL"J CHERIE McCANDLESS
VOTED~v
NlAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: $' - 21-00
VOTED
MOTION:
APPROVED:~' DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
BY:~tt~~~~
City Clerk
Dated:
-
-
msglZ:\ W ork\Ivl\;'vleridian 15360M\Centers Subd\AZFfClsOrder
FINDINGS OF FACT AND CONCLUSIONS OF D-\\N - Page 18
AND DECISION .AJ"'\JD ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION
CENTERS SUBDIVISION (AZ-OO-002)
RESOLUTION NO '?14-
BY: '17c4 .d.i-lJJ etrct
Ct hj [tJUtU~ ~-yv.
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 CENTERS CONSTRUCTION,
INC., AN IDAHO CORPORATION.
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 CENTERS CONSTRUCTION, INC., AN IDAHO
CORPORATION, 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 Agreement.
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 CENTERS
CONSTRUCTION, INC., AN IDAHO CORPORATION, entitled
"DEVELOJ?MENT AGREEMENT", by and between the City of Meridian and
CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to bind
this City to its terms and conditions.
Resolution (AZ-OO-O 11) - 1 of 2
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this t tjr-
day of f.tt{{)U S t" , 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
jc;r- ,day of ~S,.... , 2000.
II
~D.~
MAYOR
ATTEST:
~~ff!ts-
msglZ:\Work\M\Meridian 15360M\Penn Station AZ & CUP\Resolution
Resolution (AZ-OO-O 11) - 2 of 2
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 of Idaho, with its
prindpal 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 1'z1T day of ~n- ,2000,
the following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDlAN,
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 MERlDlAN AND CENTERS CONSTRUCTION, INC.,
AN IDAHO CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERlDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement vvith CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION,
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 Agreement.
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 CENTERS CONSTRUCTION,
INC., AN IDAHO CORPORATION, entitled "DEVELOPMENT AGREEMENT", by
and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN
IDAHO CORPORATION, a copy of which is attached hereto marked as Exhibit "A"
to this Resolution and to bind this City to its terms and conditions.
W LLIAlvl G. BE
CITY CLERK
STATE OF IDAHO, )
: ss.
County of Ada, )
!'2 On this /51- day of a.tuU!-d , in the year 2000, before me, .
6t4u T~ .& &~l.-.o-../- ,f , a No~ .P,ublic, appeared WILLIAM- Sfv.J bl{
0\.5(\('fl.3O-- B---BE~, JR., known or identified to me to be the Clty'Ci~ 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.
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Notary Public for Idaho
Commission Expires://-o;2.- Q V
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Certificate of Clerk (AZ-OO-O 11) - 2 of 2