Hunters Glen
l .
9263169
d~&
ADA COUNTY, I D. FO~1 d k:'tYJ
. J. DAVID NAVARRO.atl J ^
RECORDER BY~
DEVELOPMENT AGREEMENT FOR HUNTERS GLEN ~ '1 f).-{)
'92 SEP 18 API 9 ~5
THIS DEVELOPMENT AGREEMEr~T is entered into by and between the City of
Meridian, Idaho (aCity"), and Bill Leavell and Lucile Leavell, ("Developer"), on the
~ ~ ~ay of July, 1992.
WITNESSETH:
WHEREAS, Developers are pri'Jate citizens seeking permission from City to
develop an apartment complex known as Hunters Glen in Meridian;
WHEREAS, the Developer has submitted an application for a rezone and
conditional use of certain property described in Exhibit :1111 which is attached hereto and
incorporated herein as if set forth in full, and requested the zoning of R-8 residential be
changed to R-15 and has submitted plans for the subject property as required by the
City;
WHEREAS, ttle Developer made certain representations at the public hearing
and meetings before the Meridian City Council as to apartment sizes, quality of
construction, site amenities to be constructed, off-site improvements for access, and
the rental values of tbe apartmerlts that would be constructed;
WHEREAS, Developer is seeking a zoning change of their property from R-8 to
R-15 and are seeking a conditional use permit for the construction of Hunters Glen in
three phases. Phase 1 of Hunters Glen is currently before the Meridian City Council for
approval of construction of 44 apartment units of approximately 945 square feet each,
with two bedrooms, 1 1/2 baths and carports, and with anticipated rentals of
approximately $530.00 per month, all as more particularly described in their Conditional
Use Permit Application. City is inclined to approve the Exhibit 010 property so long as it
receives assurances that the property described in Exhibit U2" which is attached hereto
DEVELOPMENT AG.REEMENT FOR HUNTERS GLEN, Page 1.
RRJ/s!rI07/13192(LeavellAgreement)
and incorporated by this reference is constructed with the quality and amenities equal to
or better than those provided in the Exhibit 1I1U property. Developer is desirous of
obtaining approval for immediate construction of the Exhibit "1- property and contingent
approval for construction of the Exhibit .2" property, subject to terms and conditions
im posed by City;
WHEREAS, the State of Idaho legislature, in 1991 , passed Idaho Code 67-
6511A, Developme!1t Agreements, which provides.: that cities may enter into
development agreements with developers upon rezoning land; that the City has not
. passed a development agreements ordinance, but is in the process of adopting such an
ordinance; that Developer was granted a rezone and a conditional use permit based on
the representations of Developer made during the rezone and conditional use permit
process conducted on Developer's initial Applications; Developer subsequently desired
to ha'Je the conditional use permit ch~nged and requesteq the City Council to alter the
conditions which lowered the standards and reduced the representations of the
Developer made pertaining to the Exhibit "1" property; it is the concern of the City that if
Developer is allowed to reduce the conditions and requirements of the Exhibit 11111
property that the Exhibit H211 property may not be constructed as represented or may not
be constructed at all; that rather than go forward with the original development,
developer desires to commit to development of the entire parcel of land described in
both Exhibits "111 and U2", and does not desire to wait until a development agreements
ordinance is passed by the City;
WHEREAS, Developer desires the City to enter into a development agreement,
even though the City does not have a development agreements ordinance in force, and
is urging and pursuing this agreement so that Developer may proceed with its planned
development;
DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 2.
RRJ/slrI07/13192(LeaveltAgreement)
WHEREAS, the City has authority to place conditions and restrictions upon
rezoning of property even though it does not have a development agreements
ordinance in force;
WHEREAS, Developer deems it to be in their best interest to be able to enter into
this agreement and acknowledges that this agreement was entered into voluntarily and
at its urging and request;
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. The ab.ove recitals are contractual and binding on the parties hereto as if
set forth herein in full.
2. This Agreement is entered into pursuant to Idaho Code 967-6511 (a),
which provides for development agreements between municipal governments and
developers.
3. The properties referred to heiein are commonly known as Hunters Glen
and identified as Exhibits 1 and 2. Developer intends to develop the Exhibit "211 property
in two phases.
4. The City has rezoned the land described in Exhibit 111 n and agrees to
process Developer's request for a rezone of the parcel described in Exhibit "211 when
application is made therefore, but does not hereby commit or agree to rezone said
parcel. Specifically, City has granted a zoning change from R-8 to R-15 pursuant to
Ordinance No. 575 passed March 17, 1992 and a conditional use permit for the
construction of the Exhibit u1 U property of Hunters Glen, subject to the terms and
conditions specified by City in its Findings of Fact and Conclusions of Law passed
March 17, 1992, as modified by its decision of June 16,1992 and this Agreement.
5. Developer intends to submit an application for rezone from R-8 to R-15
and an application for a conditional use permit for the Exhibit 112" property. Such
DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 3.
RRJlslrlO7113192(LeavellAgreement)
application shall include plans for and require Developer to construct apartment units
equal or greater in size and of construction quality equal or greater than those approved
by City for the Exhibit "111 property. In addition, the application for improvements of any
portion of the Exhibit U2U property shall include and require the construction of two
amenities. BAmenitiesD, for purposes of this Agr~ement, shall mean: (a) the first
amenity shall be a clubhouse constructed of materials equal to or greater in quality of
the improvements constructed on the Exhibit "111 property and size and type to serve all
of the existing residents residing in the Exhibit u 1 n property and future residents of the
Exhibit "2" property; (b) the second amenity, which shall be selected by Developer, shall
be either a tennis court or a swimming pool.
6. Nothing in this Agreement shall be construed as requiring City to grant the
rezone for the property described in Exhibit U2". Upon Developer's submission of an
application for development for aU or any portion of the Exhibit u2D property complying
with the requirements set forth in this Agreement, City shall conduct a review and hold a
hearing for Developer's application for a rezone of the Exhibit 11211 property from R-8 to
R-15 in accordance with City's ordinances and applicable state law and should City
approve such rezone, the requirements imposed upon Developer in this Agreement
shall continue to apply.
7. If the City does not grant the rezone for the property described in Exhibit
"2U, this Agreement shall continue to encumber the property described in Exhibit 11211
since the reason that the City has agreed to grant Developer's request for a reduction in
the quality, size and amenities for the development to be constructed on the property
described in Exhibit "1 II is based on Developer's assurance that the amenities would be
available for the development of the parcel described in Exhibit 11111.
DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 4.
RRJlslr/07/13192(LeavellAgreement)
8. If the rezone from R-8 to R-15 for the Exhibit A2R property is approved and
a conditional use permit is issued for any portion of the Exhibit U2U property, Developer
shall diligently pursue construction of the improvements approved and amenities
required an.d the required two amenities shall be completed within one year of such
approval.
9. That Developer agrees to abide by all ordinances of the City of Meridian
and the property described in Exhibits 81" and 112" shall be subject to rezone to R-8 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, this Agreement,
and the ordinances of the City.
10. This agreement shall be recorded in the Recorder's Office of Ada County,
Idaho, and shall be binding on the heirs, executors, successors and assigns of the
parties hereto, on all purchasers of lots or parcels of land in the property annexed and
zoned property, and all persons acquiring an interest in the annexed and zoned
property.
11. Developer hereby waives any and all rights it may have if this agreement
is declared null and void for failure of City to have a developments agreement ordinance
enacted or rules and regulations enacted governing the creation, form, recording,
modification, enforcement and termination of development agreements and specifically
agrees to hold City harmless and indemnify City in the event that a person or entity not
a party to this agreement institutes actions or- proceedings to have this agreement, or
any part of it, declared null and void, including attorneys fees and costs and agrees to
defend City in any such actions or proceedings.
12. This Agreement may only be amended in accordance with the
requirements of Idaho Code S67-6511A.
DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 5.
RRJ/slrI07/13192(LeavellAgreeme~)
13. This Agreement shall be deemed a covenant running with the lands
above-described and shall be binding upon and inure to the respective successors and
assigns of City and Developer.
14. This Agreement may be executed in several counterparts and as executed
shall constitute one agreement binding upon all the parties hereto.
CITY OF MERIDIAN, IDAHO
~i?~/
Gran Kingsford, a or
ATTEST:
~
&/
Bill Leavell
~~
Lucile Leavell
DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 6.
RRJ/sIrI07/13192(LeavellAgreement)
STATE OF IDAHO )
5S.
County of Ada )
On this I 'f!3- day of S e tJ-/-~ . 1992 before me, a notary public,
personally appeared GRANT KINGSFORD and JACK NIEMANN, known or identified to
me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, that
executed said instrument, and acknowledged to me that the such City officials executed
the same on behalf 6f the City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
':.",";UI"
\\\ f'\ il,
", '\ u. S 4. r~,
....,... ~ OGOQ~0c.1 / ^ p.,.,
~ ~ ~G ~o / ,
$' ~ (j0Q Gee ~ ~
: :~ 0" A P( L \ ~
_ o\: Yo_
_ g 6 -
- ~ ~ -
--L-O,o r- e ..
s~t USt.\V:*E
~ ~o eltJe 2
........ ..r J-. $eo o&e; ~ ,'"
'.... 4'..,& l3...QfS 30 ~"
"'~,,~"7 l'f Of \\) ~ ""
~/JI \\\
'11"1.1"'.
~
Notary Pu r for Idaho
Residing at:
My Commission Expires: /1 ()- 27 --'I ~
STATE OF IDAHO )
55.
County of Ada )
On this fT\'\\ day ~w , 1992, before me, the undersigned, a notary
public in and for said state, personally appeared BILL LEAVELL and LUCILE LEAVELL,
husband and wife, known or represented to me to be the persons whose names are
subscribed to the above and foregoing instrument and acknowledged to me that they
executed the same.
" ' ',~ ~"". {, .,. '. ,-;.~',~ ,1 '
IN WITNESS WHEREOF, I have hereunto set my hand _~an'd aJfixed-~:my official
seal the day and year first above written. ,>'. ," '. 'J ." . .
'.. -\ I , \ (I' .... . '. - "~, . >. .
" ..: .' . ,~":- ~ ~. ::~J ~:/~'~~ j,"" ,
~ ~e.roLd0 ':), -.. t:;r ". ~~.
(), ,-
Not.. ublic f~r Idaho', '. 4~? . - ~.~ _ ~ ~ ~ _,~
ReSiding at BOise, Idaho ',_ ....~ ..:: \: (:~"'\.~ ,:
My Commission Expires: i.;',~""'f. - " '~'. ./
'" C;''r;/ ( -"., ~ . . : " .~:' ," -'
. , . ~/ ~. >'
DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 7.
RRJ/slrI07/13192{LeavellAgreement)
EXHIBIT 1
. PHASE 1
LEGAL DESCRIPTION
A portion of the E 1/2 NW 1/4, Section " Township 3 North. Range 1 West,
Boise Meridian, Ada County, Idaho. more particularly described by metes
and bounds as fol1o~s:
Commenoing at the Center of Seotion 7. T. 3N., R. lW., B.M..
Ada County, Idaho and running N. 0 00.00" E. 1294.00 feet along the
Easterly boundary.of the NW 1/4 of s~1d Section 7 to a piont;
thence S. 89 01630.. W. 150. 00 feet along a line parallel to and
1294.00 feet Northerly from the Southerly boundary of the said NW 1/4.
Sec.tion 7 to the TROP.: POINT OF BEGINNING:
thence continuing .S. 89 01'30" W. 367.00 feet along a line
parallel to and 1294.00 feet Northerly from the said Southerly boundary
of the 1/4, Section 7 to a point;
thence N. 0 00'00" E. 365.21 feet along a line parallel to and
517.00 feet We~terly from the said Easterly boundary of the NW 1/4.
Section 7 to a point:
thence 11. 89 56 '20" E. (formerly described as S.89 50. E.)
366.95 feet to a point;
thence S. 0 00'00" W. 359.36 feet along a line parallel to
and 150.00 feet Westerly from ~he said E~~terly boundary of the NW 1/4.
Section 7 to the point of beginning;
containing 3.052 acres, more or less.
....
mrnTJtI~ 2
PHASE 2
rASEK!ltT and APPaQx. a ACRES
A-tract of land situated in Noctheast Quarter of the
Northwest Quar.ter of Section 7, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, more ~rticularly
described as follows:
Beginning at the quarter corner common to Sections .6 and 1:
thence. .:;
South 88 degrees 35'49" West along the line common to
said S~ctions 6 and 7, a distance of 330.00
feet; thence .
South 0 degrees 35.09M West a d,is~ance of 47.8 feet
to the South right of way of Fairview Avenue,
being ~BE REAL POINT OF BEGINNING; thence
South 0 degrees 3Sf09ft West a distance of 624.32 feet;
\ thence
Nor4:h 88 degrees 50'48" Eas"t a distance 9f 329.99 feet
to the East line of the said Nor~heast Quarter
Northwest Quarter; thence .
South 0 degrees 34'58" West along said East line a
distance of 219.00 feet; thence
South 38 degrees 44'lO".West a.d~stance of 192.27 feet;
thence ".. t-
o North 89 degrees 28 t 2011 West ~long' a common boundary line
a distance of 510.91 .feet; thence .
."North 0 degrees 35 t 05" East a distance of 351.60 feet:
thence .
:~ North 88 degrees 5014811 East a distance of 239.99 feet;
thence. "
.~ North 0 degrees 35'12" East a distance of 624.06 feet to the
said South right of way of Fairview Avenue; thence
North 88 degrees 35149" East alons said South right of way
a distance of 60.00 feet to THE REAL POINT OF
BEGINNING.
EXCEPT ANY PORTION THEREOF THAT MAY LIE WITHIN THE FIVE MILE
CREEK