Waltman Court Addendum MI 04-016
ADA COUNTY RECORDER J. DAVID NAVARRO
BorSE IDAHO 03107/06 09:44 AM
~~~~J6E~~~~~~WCt08F . 111111111 JlIIII I II I /11111/ JlIIII II III
City of Meridian . 106034785
AMOUNT .00
7
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING
SECTION 4.1.9 AND SECTION ON PAGE 6
PARTIES: 1.
2.
3.
City of Meridian
Jolm Goade, Owner
Buffalo Hump, LLC Developer
The following is an addendum to that certain DEVELOPMENT
AGREEMENT (this "Agreement"), entered into on the 19th day of April, 1999. This
addendum is made and entered into this /115dayof F&tA..MlLy ,2005, by and
between CITY OF MERIDIAN, a municipal corporation of the State ofldaho, hereafter
called "CITY', and JOHN GOADE, whose address is 2647 N. Silverleaf, Meridian, Idaho
83642, hereinafter called "OWNER, and BUFFALO HUMP, LLC, whose address is P.O.
Box 6766, Boise, Idaho 83707 hereinafter called "DEVELOPER".
OWNER AND DEVELOPER agree to be bound by the terms ofthe
original Development Agreement, on the land described in Exhibit "A", except as
specifically to the deletion of Section 4.1.9 on page 6 of Conditions Governing
Development of Subject Property.
1. A preliminary plat has been presented and approved by the Planning and
Zoning Commission and the City Council for development within this
annexation. The proposed plat for the subject annexation is in compliance
with the City of Meridian Code, and development of inclusive lots will be
performed in accordance with said Code. There is not a need for the
conditional use process for development of permitted uses within the
annexation. Rather, the City can rely on the City's "Zoning Schedule of Use
Control" and Staff for these approvals.
2. The parties hereto agree that the development of the property described in
Exhibit "A" shall be in accordance with the terms of the above described
Development Agreement, or those City ordinances in effect at that time any
subsequent conditional use application is filed, whichever are more restrictive.
3. That "Owner" and "Developer" agree to abide by all ordinances of the City of
Meridian and the "Property" shall be subject to de-annexation of the "Owner"
or "Developer", or their assigns, heirs, or successor shall not meet the
conditions of this addendum to the Development Agreement, and any new
Ordinances of the City of Meridian as herein provided.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI~04~016 JOHN GOADE)
PAGE 1 OF 5
4. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including
"City's" corporate authorities and their successors in office. This addendum
shall be binding on the "Owners" of the "Property", each subsequent owner
and any other person(s) 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
hereon and any successor owner or owners shall be both benefited and bound
by the conditions and restrictions herein expressed. "City" agrees, upon
written request of "Owner" or "Developer", to execute appropriate and
recordable evidence of termination of this addendum if "City", in its sole and
reasonable discretion, had determined that "Owner" or "Developer" has fully
performed its obligations under this Addendum.
5. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
6. This addendum sets forth all promises, inducements, agreements, condition,
and understandings between "Owner and Developer" and "City" relative to the
subject matter hereon, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Owner and
Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition
to this addendum 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" .
a. Except as herein provided, no condition governing the uses and/or
conditions governing development ofthe subject "Property" herein
provided for can be modified or amended within 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.
7. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI-04-016 JOHN GOADE)
PAGE 2 OF 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and Made it effective as hereinabove provided.
DEVELOPER:
BY:~~
....
OWNER:
BY:
OHN GOADE
CITY OF MERIDIAN
c
BY:~~~
\\ \ {I,
",\\ Of lit"
",,, .d"" ' '.1",,,
......,ii, ~Ot: .'""
~ ur OW ~iA ~
~ '!fa i1<:.:'",~\ ~
~ 'f,?- u \ ~
- -
- -
~ J ~
~J
Attest:
ADDENDUM TO DEVELOPMENT AGREEMENT (MI-04-016 JOHN GOADE)
PAGE30F5
STATE OF IDAHO)
: ss
COUNTY OF ADA )
On this /?,Ib day of ~~ ' in the year
2005, before me, a Notary Public, personally appeared ... ~ ,
known or identified to me to be the 1'1 hoJ'Prj~ b Vll. of BUFFALO
HUMP, LLc, and the persons who executed the instrument and acknowledged to me that
they having executed the same on behalf of said limited liability corporation.
d&i,UUIHah
""" "~I!
~~ <'\e"LaP, ,ol',
oM V \ ..",
...fi."'.~~ 0000$0<000' "d!
~. ~". ,,0 ?" ""\
(S~, :r}..". ~ p..R}' 0\
. 0 . ~
. .::,,: it..,
111I e" o,c-", <i) ...
.. 0 , (; 0 =
:. ~ \, 10"
~ G. PU"':\'- o..~;;
".0 0 ......
~. .,'!J :"r
.." n Oe.: <:)
..."." <'>J' "
~"q
qq.". ,..0
.....1"..........
~~~
Notary Public for Idaho
Residing at: l-r1 ~ .JLJ
Commission expires: I 0 ~.;2. '-I - ;J...,O& ~
STATE OF IDAHO)
: ss
COUNTY OF ADA )
On this I :s ~ day of ~~ ' in the year
2005, before me, a Notary Public, personally appeared JOHN G ADE, known or IdentIfied
to me to be the persons who ep-' the instrt;f;nt and acknowledged to me that they
having executed the same. it/'t ftA~
~~~\Y~
Notary Public for Idaho
Residing at:'41~ ~ [2
Commission expires: I 0 - ~ 4 -.:t':::>~
(SEA~","18asl"',qqqQ.
.... -peLaPelJ ;f'q4';
..... '..~ ooeelilOo. CI ;P",..
<! ~... .. . ~
:- c oe ..
: J:J:; eO O~ AR l' ~
.. . ~ ...
.. . ..
... dP ::
: t _0 U ::
:" S :
;. .. PU~~ .S;
-:. 00 ......' ..
.. III ~ ,.;-
"'"" Q'l eOeeeeoee 5:J ..
"""",/,-1 TE Q<t ~,,"1>""'''
4q"8o'l1l8ll111$'"
ADDENDUM TO DEVELOPMENT AGREEMENT (MI-04-016 JOHN GOADE)
PAGE 4 OF 5
STATE OF IDAHO )
: ss
County of Ada )
On this .:;J\ S+ day of Ft" \:n 1 (\ \ I ~ ' in the year 2005, before
me, a Notary Public, personally appeared Tammy de Weer and WIlham G. Berg, Jr., 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.
_Glue__"
.- l\.M -.
...~~~_n..:.~~~.
...(~;~lrT~~,\~\
II I' .,A\~c
o I 1 C
III f 1 I!II
- I I m
II I 1 III
9 \ : .
.~\ I <)
'~ ,'.
.. ' '.
.1:A-~~~ __ .:tQ'~~Q ...
o/f OF rot\.V-\)
q_lIIli1lllll11
Jl1I'A 0l1Y\ All 0 0 10
otary Public for Idaho
Residing at: COl i d \ LX U. t D
Commission expires: lO-II-[1
ADDENDUM TO DEVELOPMENT AGREEMENT (MI-04-0I6 JOHN GOADE)
PAGE 5 OF 5
Exhibit "An
C-G ZONING PARCEL
A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T. 3N.,
R. 1 W., RM., Ada County, Idaho, said parcel being more particularly
described as follows:
Commencing at the East 1/4 corner of Section 13, T.3N., R.l W., B.M., Ada
County, Idaho; thence, N 89052'22" W. 1321.24 feet along the Latitudinal
Center Line of said Section 13 to an iron pin marking the CE 1/16 comer of
said Section 13; thence, N. 00013'15" E. 230.00 feet along the East 1/16 Line
to the POINT OF BEGINNING;
Thence, N. OOOOOlOOt' W. 231.03 feet to the POINT OF BEGINNING;
Thence, N. 5500812T' W. 284.18 feet to a point of beginning of curve;
Thence along a curve to the left 66.07 feet, said curve having a delta of
63"05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of
62.78 feet which bears N. 0301815311 E. to a point of ending of curve;
Thence N. 61046'13" E. 83.51 feet;
Thence N.OQoI3'15" E. 191.00 feet;
Thence, S. 89046145" E. 157.00 feet to said East 1/16 Line;
Thence, S. 00013'15" W. 455,00 feet to the POINT OF BEGINNING,
said parcel containing 1.62 acres.
L80 ZONING P AReEL
A parcel of land being a portion of the SW 114 NE 1/4 of Section 13, T.3N.,
R.IW., B.M., Ada County, Idaho, said parcel being more particularly described
as follows:
Commencing at the East 1/4 comer of Section 13, T3N., R.IW., B.M., Ada
County, Idaho; thence N. 89052'22" W. 1321.24 feet along the Latitudinal
Center Line of said Section J 3 to an iron pin marking the CE 1116 comer of
said Section 13, said point being the POINT OF BEGINNING;
Thence, N. 89052122" W, 143.09 feet to the centerline of the Ten Mile Drain;
Thence along'said centerline the following courses and distances:
N. 30008145" W. 335.35 feet;
Thence, N. 62002120" W, 797.87 feet to the south line of Franklin Square
Subdivision, records of the Ada County Recorder, Boise, Idaho;
Thence leaving said centerline, S. 89054150" E. 356.86 feet to the Southeast
corner of Lot 18, Block 3, said Franklin Square Subdivision;
Thence, N. 00008'42" E. 107.47 feet to the Southwest comer of Troutner
Business Park, records of the Ada County Recorder, Boise, Idaho;
Thence along the south line of said subdivision the follovving courses and
distances:
S. 8S041'16" E. 147.43 feet;
Thence, N. 79054'52" E. 523.46 feet to the Southeast corner of said
subdivision and the East 1/16 Line of said Section 13;
Thence leaving said south line and along said East 1/16 Line, S. 00013'15" W.
166.93 feet;
Thence, N. 89046'45" W. 157.00 feet;
Thence, S, 00013115" W. 191.00 feet;
Thence, S. 61D461q" W. 83.51 feet to a point of beginning of curve;
Thence along a curve to the right 66.07 feet, said curve having a delta of
63005'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of
62.78 feet which bears S. 03018'53" W. to a point of ending of curve;
Thence, S. 55008'27" E. 284.18 feet to said East 1/16 Line;
Thence, S. 00013'15" W. 230.00 feet to the REAL POINT OF BEGINNING,
said parcel containing 7.63 acres.
MsgfZ;\ W ork\M\M eridian 153 60M\Guade\Exhi bi LA