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Tree Farm MI 07-004ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 25 BOISE IDAH010I16107 11:32 AM DEPUTY Bonnie Oberbillig III I'll'IIIII'IIIIIIIIIIIIIII~I III'II RECORDED-REQUEST OF 10714193 Meridian Ciry SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Treehaven, LLC, Owner/Developer This second addendum to the Development Agreement ("Addendum") is made and entered into this~l ~ day of `~Cp~'Cr'YIIc~C/, 2007, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Treehaven, LLC, whose address is 2242 East Riverwalk Street, Suite 200, Boise, Idaho, 83706, hereinafter called "OWNER/DEVELOPER". RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was approved August 23, 2006 and recorded September 21, 2006 (Instrument # 10651218) ("Development Agreement") and the First Addendum to Development Agreement that was approved on February 1, 2007 and recorded on February 22, 2007 (Instrument # 10702555) (First Addendum to Development Agreement) on the land described in Exhibit "A 1 ". B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and the First Addendum to Development Agreement in accordance with the terms of this Second Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the tenors of the Development Agreement and the First Addendum to the Development Agreement, except with regard to 5ecdon 5, "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" of the Development Agreement, which is hereby amended as follows: a. That Exhibits "Al & A2" be replaced with the attached revised legal descriptions and zoning maps as in Exhibit "Al & A2" attached hereto. b. That Section 5.2 be replaced with the following: 5.2 "Developer will develop the Property generally in accordance with the Concept Plan, as Exhibit C, unless otherwise modified by this Agreement. The parties acknowledge that the designation of land uses on SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-004 TREEFARM ANNEXATION) PAGE 1 OF 4 the Concept Plan is conceptual and is subject to change as necessary to respond to market conditions, site conditions, and other development considerations. Notwithstanding any land use designation shown on the Concept Plan, any parcel may be developed, improved and used as is allowed by the underlying approved zoning for such parcel. Specifically, Developer may develop the Property at density levels consistent with the approved zoning as shown in Exhibits Al and A2: ' 2. This Addendum shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CTTY's corporate authorities and their successors in office. This Addendum shall be binding on the OWNER/DEVELOPER of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent the sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions herein 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/DEVELOPER, to execute appropriate and recordable evidence of termination of this Addendum if CITY, in its sole and reasonable discretion, determines that OWNER/DEVELOPER has fully performed its obligations under this Addendum. 3. 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. 4. This Addendum sets forth all promises, inducements, agreements, conditions, and understandings between OWNER/DEVELOPER and CITY relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standings, either oral or written, express or implied, between OWNER/ 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. Except as herein provided, 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 in accordance Idaho Code Section 67-6511A. 5. This Addendum shall be effective as of the date herein above written. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-004 TREEFARM ANNEXATION) PAGE 2 OF 4 ACKNOWLEDGMENTS IN WTTNES5 WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: TREEHAVEN,LLC BY: '~ V hp-'~~I DERICK. O'NEILL, MANAGER CITY OF MERIDIAN Attest: WILLIAM G. BERG, BY: \~,~~ ~`~~ C .~ ,~ .~ o O „ 2, CLE ~ ,~c.~ C) ~" ~~ ~ ~Q. 1. ~, ~~ ~~~ de WEERD SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-004 TREEFARM ANNEXATION) PAGE 3 OF 4 STATE OF IDAHO ) ss: County of Ada ) On this .~ day of CYI'1 Q.l~ , 2007, before me, a Notary Public in and for said State, personally appeared Derick. O'Neill on behalf of TreeHaven, LLC, known or identified to me to be the manager of said corporation, who executed the instrument on behalf of said company, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and~wnin.itiyys certificate fast above written. ,,,*~~4~~ MR Oqy~~ ~ `' ~~•~~pTAR J, i (SEAL) S ~.• _ s ~~ pUBLtiG .t .....•• ~~'a'~TE OF 19P•'• STATE OF IDAHO ) ss County of Ada ) Notary Public Residing at: My Commission C -} ~` 1 On this ~ day of ~~ C~.~~a ~"~>C 'I , 2007, before me, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~•'~rr • ~• •~~~t,O~I Sl ,.!~• (SEAL) ~ ~ ; Notary Public for Idaho ~L~ c~~ .~ • ~ ; Residing at: YY~C_l E ~ c • Commission expires: ~ t? -- ~~= I t .~9~ OF ~~' •1~.~ SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (NII 07-004 TREEFARM ANNEXATION PAGE 4 OF 4 f- ;'=~:., ~ ~,~: ~ ~ Anderson Suruey Group.l:om "'~~~' EXHIBIT A PARCEL 1 ZONED R-15 Legal Description A parcel of land situated in the South Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1444.59 feet to the True Point Of Beginning; Thence leaving said South tine, North 00°42'21" East, 200.00 feet to a point; thence North 55°52'46" West, 85.81 feet to a non- tangent point on a curve; thence along a curve to the left having a radius of 250.00 feet, an arc length of 386.58 feet and through a central angle of 88°35'49", with a chord bearing of North 05°02'15" East, a chord distance of 349.20 feet; thence North 39°15'39" West, 40.00 feet to anon-tangent point on a curve; thence along a curve to the left having a radius of 225.00 feet, an arc length of 466.22 feet, through a central angle of 118°43'17", with a chord bearing North 08°37'18" West, a chord distance of 387.18 feet to a point; thence North 22°01'04" East, 152.25 feet to a point; thence North 67°13'00" West, 117.35 feet; thence North 53°59'58" West, 249.97 feet to anon-tangent point on a curve; thence along a curve to the right, having a radius of 620.00 feet; an arc length of 162.11 feet, though a central angle of 14°58'51", with a chord bearing South 43°29'27" West, a chord distance of 161.65 feet to a point; thence South 50°58'53" West, 52.06 feet; thence along a curve to the left, having a radius of 600.00 feet, an arc distance of 226.74 feet, through a central angle of 21°39'09", with a chard bearing South,40°09'19" West, a chord distance of 225.40 feet to a point; thence South 29° 19'44" West, 201.14 feet; thence along a curve to the right, having a radius of 230.00 feet, an arc distance of 247.41, through a central angle of 61°37'59", with a chord bearing South 60°08'44" West- a chord distance of 235.65 feet; thence North 89°02'17 West, 113.80 feet to a non- tangent point on a curve; thence along a curve to the right, having a radius of 506.05 feet, an arc distance of 244.95 feet, through a central angle of 27°44'02", with a chord bearing South 14°49'44" West, a chord distance of 242.57 feet to a point; thence South 28°41'45" West, 99.15 feet to a point; thence along a curve to the left, having a radius of 185.00 feet, an arc distance of 135.76 feet, through a central angle of 42°02'42", with a chord bearing South 07°40'24" West, a chord distance of 132.73 feet to a point; thence South 13°20'57" East, 37.04 feet; thence. along a curve to .the right, having a radius of 184.63 feet, an arc distance of 49.34 feet, through a central ang a of 15°19'23", with a " chord bearing South 07°14'25" East, a chord distance of 49.23 feet to a point; thence South 00°30'29" West, 177.49 feet to a point on said South line; thence South 89°17'39" East, 1202.67 feet to the Point Of Beginning. -- Said parcel containing 26.89 acres more of I~~~I yA~ ~Q~~' ~~~~ ` End description E., Project No. 05132 ~~`~ "E ~ ~, February 2, 2007 ^,^.t_~tlD~Atd PUBLIC ~~.,~ ,~~~~~~ ~r~`,~~KS DEPT. +_~. "^~:m._...,-, ~ ~_ 357 E. Wotertower Ln.. Suite F, Meridian, ID 03642 P. 208.888.7345 F. ZD8.808.7354 Title: ~f,~'`~irc._<r,~-L Scale: finch = 400 feet I File: Date: 02-02-2007 Tract 1: 26.894 Acres: 1171512 Sq Feet: Closure = s02.4143e 0.01 Feet: Precision =1/825052: Perimeter = 4648 Feet 001=n00.4221e 200.00 002=n55.5246w 85.81 003: Lk R=250.00, Delta=88.3549 Bng=n05.0215e,Chd=349.20 004=n39.1539w 40.00 005: Lk R=225.00 Delta=118.4317 Bng=v08.3718w, (,`ltd=387.18 006~122.0104e 152.25 007=n67.1300w 117.35 008=n53.5958w 249.97 009: Rk R~20.00 Delta=14.5851 Bn~s43.2927w, C~hd=L61.65 010=s50.5853w 52.06 O l l: Lk R~00.00 Delta=21.3909 Bng=s40.0919w, C~hd=225.40 012=s29.1944w 201.14 013: Rk R=230.00 De1ta~1.3759 Bn~s60.0844w, C~hd=235.65 014=n89.0217w 113.80 015: Rk R=506.05, Delta=27.4402 Bn~s14.4944w, Chd=242.57 016=s28.4145w 99.15 017: Lk R=185.00 Delta=42.0242 Bng=s07.4024w,t~hd=132.73 018=s13.2057e 37.04 019: Rk R=184.63 Delta=15.1923 Bn~s07.1425e, C~td=49.23 020=s00.3029w 177.49 021=s89.1739e 1202.67 ;' :; Rnderson Suruey Group.com ~; EXHIBIT A AMENDED PARCEL 2 ZONED R-8 Legal Description A parcel of land situated in the South. Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1293.61 feet to the True Point Of Beginning; Thence continuing along said South line, North 89°17'39" West, 150.97 feet; thence leaving said South, line, North 00°42'21" East, 200.00 feet to a point; thence North 55°52'46" West, 85.81 feet to anon-tangent point on a curve; thence along a curve to the left having a radius of 250.00 feet, an arc length of 386.58 feet and through a central angle of 88°35'49", with a chord bearing of North 05°02'15" East, a chord distance of 349.20 feet; thence North 39°15'39" West, 40.OO~feet to anon-tangent point on a curve; thence along a curve to the left having a radius of 225.00 feet, an arc length of 466.22 feet, through a central angle of 118°43'17", with a chord bearing North 08°37'18" West, a chord distance of 387.18 feet to a point; thence North 22°01'04" East, 152.25 feet to a point; thence South 67°13'00" East a distance of 17.25 feet; thence North 67°12'45" East, 225.88 feet; thence South 00°25'06" West„_; 1233.587 feet to the Point Of Beginning, said point being on the South line of Section 22. Said parcel containing 4.79 acres more of less. End description Project No. 05132 February 2, 2007 BY ~~ VAt ~~~ r f ~~. ~.- MERIDIAN PUBLtC WORfCg DEPT. i 357 E. Watertower Ln., Suite F, Meridian. ID 63642 P. 208.888.7345 F. 208.888.7354 *~ .~ ` ~~ . ~~~ ~ =~ ~ ,~~ per, ~~;; y~ „,, G ~ Title: ~,~,~,~~~,1.-- ~, Date: 02-02-2007 Scale: finch = 400 feet File: Tract 1: 4.795 Acres: 208868 Sq Feet: Closure = n56.3144e 0.00 Feet: Precision >1/999999: Perimeter = 2959 Feet 001=n89.1739w 150.97 005=n39.1539w 40.00 009=n67.1245e 225.88 002=n00.4221e 200.00 B X08 ~i$wO~D~eI 8715.4317 010=s00.2506w 1233.587 003=n55.5246w 85:81 007=n22.0104e 152.25 Bng-zLiO 0 15e~C d=349 zp3549 008=s67.1300e 17.25 Anderson Survey Group.com ~'~~~"" EXHIBIT A AMENDED PARCEL 3 ZONED R-2 Legal Description A parcel of land situated in the South Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1293.61 feet; Thence continuing along said South line, North 89°17'39" West, 150.97 feet; thence leaving said South line, North 00°42'21" East, 200.00 feet to a point; thence North 55°52'46" West, 85.81 feet to anon-tangent point on a curve; thence along a curve to the left having a radius of 250:00 feet, an arc length of 386.58 feet and through a central angle of 88°35'49", with a chord bearing of North 05°02'15" East, a chord distance of 349.20 feet; thence North 39°15'39" West, 40.00 feet to anon-tangent point on a curve; thence along a curve to the left having a radius of 225.00 feet, an arc length of 466.22 feet, through a central angle of 118°43'17", with a chord bearing North 08°37'18" West, a chord distance of 387.18 feet to a point; thence North 22°01'04" East, 152.25 feet to the True Point Of Beginning; thence North 67°13'00" West a distance of 117.35 feet; thence North 53°59'58" West, 249.97 feet to anon-tangent point on a curve; thence along a curve to the left, having a radius of 620.00 feet, through a central angle of 48°34'36", with a chord bearing North 11°42'44" East a chord distance of 510.05 feet; thence North 77°25'26" East, 371:86 feet to a point; thence North 13°41'14" East, 918.92 feet to a point on the Southerly right-of-way line of the Phyllis Canal; thence along said Southerly right-of-way line the following courses and distances, North 70°07'49" East a distance of 234.39 feet; thence North 72°52'39" East a distance of 34.17 feet; thence North 75°50'26" East a distance of 57.63 feet; thence North 78°18'26" East a distance. of 80.77 feet; thence North 80°02'13" East a distance of 31.41 feet; thence North 81°50''24" East a distance of 194.93 feet; thence North 81°36'19" East a distance of 177.81 feet; thence North 81°16'58" East a distance of 44.09 feet; thence North 77°58'02" East a distance of 40.83 feet; thence North 72°53'56" East adistance of 222.66 feet; thence North 73°32'38" East a distance of 36.58 feet; thence North 76°59'43" East a distance of 36.33 feet to a point on the East line of said Section 22; thence along said East line, South 00°28'39" West a distance of 477.90 feet to the'East one-quarter corner of said Section 22, said point being marked by a Brass cap; thence continuing along said East line, South 00°20'09" West adistance of 1317.57 feet to a point marked by: a 5/8" rebar; thence leaving said East line, North 89°18'34" West a distance of 1291.77 feet to a point marked with a 5/8" rebar; thence South 00°25'06" West adistance of 83.39 feet; thence South 67°12'45" West a distance of 225.88 feet; thence North 67°13'00" West a distance of 17.25 feet to the POINT OF BEGINNING. Said parcel containing 55.11 acres more of I~sVie v-~~ End description ~ _ `~' 'i '~~'` Project No. 05132 February 2, 2007 ~~~~~o~a~ puauc p,~r~r;KS D'EP`T. 357 E. Watertower tn.. Suite F, Meridian, ID 83642 P. 208.888.1345 F. 208.888.1354 ~ ~y ~,~ ,;~~ ~' ~ ' ~~B ®' ~;~ ~~~ a t~'. ~ ~,,,,,.~' Title: ~~~ r~6~z, (~.. `~- I Date: 02-02-2007 Scale: finch = 500 feet I File: I Tract 1: 55.105 Acres: 2400395 Sq Feet: Closure = n82.4118w 0.02 Feet: Precision =1/396919: Perimeter = 6789 Feet 001=n67.1300w 117.35 002=n53.5958w 249.97 003: Lt, R=620.00, Delta=48.3436 Bngat11.4244e, Chd=510.05 004=n77.2526e 371.86 005=n13.4114e 918.92 006=n70.0749e 234.39 007=n72.5239e 34.17 008=n75.5026e 57.63 009=n78.1826e 80.77 010=n80.0213e 31.41 011=n81.5024e 194.93 012=n81.3619e 177.81 013=n81.1658e 44.09 014=n77.5802e 40.83 015=n72.5356e 222.66 016=n73.3238e 36.58 017=n76.5943e 36.33 018=s00.2839w 477.90 019=s00.2009w 1317.57 020=n89.1834w 1291.77 021=s00.2506w 83.39 022=s67.1245w 225.88 023=n67.1300w 17.25 (, d ~~~~~ Anderson Surue ~rou .c m ' ~~,~"j ~ ~~ EXHIBITA ~~ AMENDED PARCEL 4 ~' ZONED R-8 Legal Description A parcel of land situated in Sections 21 and 22, Township 4 North, Range 1 West of the Boise Meridian,. Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1293.61 feet; thence continuing along South Line of said Section 22, North 89°17'39" West a distance of 1353.62 feet; thence continuing North 89°17'09" West a distance of 2647.16 feet to the corner common to Sections 21, 22, 27 and 28; thence along the south line of said Section 21 North 89°24'46" West a distance of 1307.51 feet; thence leaving said South line North 00°28'48" East a distance of 822.99 feet along the Westerly line of the of the Southeast Quarter of the Southeast Quarter of said Section 21 to the TRUE POINT OF BEGINNING; thence along the Westerly line of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of said Section 21, North 00°28'48" East a distance of 1251.33 feet to a point on the South right- of-way line of the Phyllis Canal; thence along said right-of-way line the following courses and distances: North 79°28'52" East 152.17 feet; thence North 82°25'54" East 316.14 feet; thence North 72°59'51" East 60.85 feet, thence North 64°33'24" East 52.49 feet; thence North 59°43'08" East 697.38 feet; thence North 65°14'58" Easf 318.69 feet; thence North 71°20'49" East 300.98 feet; thence North 74°33'03" East 164.83. feet; thence North 75°49'14" East 79.69 feet; thence leaving said. right-of-way {ine South 21°19'02" East 387.17 feet to a point of curve; thence along a curve to the right, having a radius of 200.00 feet, an arc length of 96.06 feet, through a central angle of 27°31'07", with a chord bearing South 07°33'29" East, a chord distance of 95.14 feet; thence South 06°12'05" West 305.32 feet toanon-tangent point on a curve; thence on a curve to the right, having a radius of 800.00 feet, an arc length of 4Q9.59 feet, through a central angle of 29°20'04", with a chord bearing North 88°41'53"East a distance of 405.13 feet; thence South 76°38'05" East a distance of 436.14 feet to a point of curve; thence along a curve to the left, having a radius of 660.00 feet, arc length of 473.25 feet, a central angle of 41 °05'02", with a chord bearing North 82°49'24" East a distance of 463.18 feet; thence North 62°16'53" East 132.83 feet; thence. North 00°27'32" East 275.36 feet; thence South 89°30'02" East 777.64 feet; thence North 00°30'03" East 84.85 feet; thence South 42°14'38" East 18.67 feet; thence South 00°26'23" West 80.50 feet; thence South 86°31'27" East 189.70 feet; thence South 47°28'09" East 249.31 feet; thence North 00°26'21" East 511.30 feet to a point on the South right-of-way line of the Phyllis Canal; thence along said right-of-way line the following courses and distances: South 87°53'28" East 59.38 feet; thence South 85°32'49" East 33.31 feet; thence North 89°09'43" East 66.39 feet; thence North 87°34'09" East 120.45 feet; thence North 87°27'41 ".East 133.09 feet; thence North 84°11'37" East 146.70 feet; thence North 86°32'52" East 52.03 feet; thence North 80°53'24" East 62.63 feet; thence North 74°37'07" East 51.75 feet; thence North 70°07'49" East 52.35 feet; thence leaving said right-of-way line, South 13°41'14" West 357 E. Watertower Ln.. Suite F. Meridian, ID 83642 P.206.BB6.7345 F.208_D8B.7354 Amended parcel 4 Continued .~ ~~%~ ~ja' lb Anderson Suruey Graup.com °',~"' 918.92 feet; thence South 77°25'26" West 371.86 feet to a point; thence along a curve to the right, having a radius of 620.00 feet, an arc of 687.76 feet, through a central angle of 63°33'27", a chord bearing South 19°12'09" West 653.04 feet; thence South 50°58'53" West 52.06 feet; thence along a curve to the left, having a radius of 600.00 feet, an arc length of 226.74 feet, through a central angle of 21 °39'09", with a chord which bears South 40°09'19" West 225.40 feet; thence South 29°19'44" West. 201.14 feet to a point of curve; thence along a curve to the right, having a radius of 230.00 feet, an arc length of 247.41 feet, through a central angle of 61 °37'59", with a chord bearing South 60°08'44" West 235.65 feet; thence North 89°02'17" West 113.80 feet to anon-tangent point on a curve; thence along a curve to the left, having a radius of 506.05 feet, an arc length of 1062.57 feet, through a central angle of 120°18'21", with a chord bearing North 59°11'28" West 877.85 feet; thence South 60°39'22" West 480.86 feet; thence along a curve to the right, having a radius of 1177.33 feet, an arc length of 1125.00 feet, through a central angle of 54°44'57", with a chord bearing South 88°01'50" West 1082.69 feet; thence North 64°35'41" West 326.44 feet to a point of curve; thence along a curve to the left, having a radius of 960.00 feet, and arc length of 856.17 feet, through a central angle of 51 °05'57", with a chord bearing South 89°51'20" West 828.08 ..feet; thence South. 64°18'22" West 188.25 feet to a point of curve; thence along a curve. to the right, having a radius of 800.00 feet, an arc length of 358.73 feet, through a central angle of 25°41'33", with a chord bearing South 77°09'08" West 355.74 feet; thence South 89°59'55" West 167.11 feet to the POINT OF BEGINNING, said point being on the Westerly line of the Southeast Quarter of the Southeast Quarter of said Section 21. Said parcel containing 162.78 acres, more or less. End of Description - Project No. 05132 February 2, 2007 REVIE J~vAL o ~,~ • ~'~ ~3Y_- ~ ~s~~ ~„I S ~' ,,,r ~; . MERlDiAN pUBl.1C ~C WQRKS DEPT. ~' ~ 357 E. Watertawer Ln.. Suite F, Meridian, ID 83642 P.2D8-688.7345 F.2~B.B86.7354 Title: ,(~~~ ~, ~ Date: 02-09-2007 Scale: finch = 800 feet I File: Tract 1: 162.782 Acres: 7090772 Sq Feet: Closure = n40.3002w 0.01 Feet: Precision >1/999999: Perimeter = 15985 Feet 001=n00.2848e 1251.33 002=n79.2852e 152.17 003=n82.2554e 316.14 004=n72.5951e 60.85 005=n64.3324e 52.49 006=n59.4308e 697.38 007=n65.1458e 318.69 008=n71.2049e 300.98 009=n74.3303e 164.83 010=n75.4914e 79.69 011=s21.1902e 387.17 012: R; R=200.00, Delta=27.3107 Bn~s07.3329e, Chd~5.14 013=s06.1205w 305.32 014: Rk R=800.00 Delta=29.2004 Bng~88.4153e, Crhd=405.13 015=s76.3805e 436.14 016: Lk R=660.00, Delta=41.0502 Bng-~82.4924e, Chd=463.18 017=n62.1653e 132.83 018=n00.2732e 275.36 019=s89.3002e 777.64 020=n00.3003e 84.85 021=s42.1438e 18.67 022=s00.2623w 80.50 023=s86.3127e 189.70 024=s47.2809e 249.31 025=n00.2621e 511.30 026=s87.5328e 59.38 027=s85.3249e 33.31 028=n89.0943e 66.39 029=n87.3409e 120.45 030~187.2741e 133.09 031=n84.1137e 146.70 032=n86.3252e 52.03 033=n80.5324e 62.63 034=n74.3707e 51.75 035=n70.0749e 52.35 036=s13.4114w 918.92 037=s77.2526w 371.86 038: Rk R=620.00 Delta~3 3327 Bn~s19.1209w, C~hd=653.04 039=s50.5853w 52.06 040: Lk R=600.00 Delta=21.3909 Bn~-s40.0919w, Cthd=225.40 041=s29.1944w 201.14 042: Rk R=230.00 Del[a=61.3759 Bn~-s60.0844w, Chd=235.65 043=n89.0217w 113.80 044: Lk R=506.05 Delta=120.1821 Bng=n59.1128w, ~hd=877.85 045=s60.3922w 480.86 046: Rk R=1177.33, Del[a=54.4457 Bng=s88.O150w, Chd=1082.69 047=n64.3541w 326.44 048: Lk R=960.00 Delta=51.0557 Bn~s89.5120w, L~hd=828.08 049=s64.1822w 188.25 050: Rk R=800.00, Delta=25.4133 Bng=s77.0908w, Chd=355.74 051=s89.5955w 167.11 i 6 ~ ~+~'~ )~ Anderson Suruey Group.com "~~~,~°` EXHIBIT A AMENDED PARCEL 5 ZONED R-2 Legal Description A parcel of land situated in Sections 21 and 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1293.61 feet; thence continuing along South Line of said Section 22, North 89°17'39" West a distance of 1353.62 feet; thence continuing North 89°17'09" West a distance of 2647.16 feet to the corner common to Sections 21, 22, 27 and 28; thence along the south line of said Section 21 North 89°24'46" West a distance of 1307.51 feet; thence leaving said South line North 00°28'48" East a distance of 822.99 feet along the Westerly line of the of the Southeast Quarter of the Southeast Quarter of said Section 21; thence along the Westerly line of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of said Section 21, North 00°28'48" East a distance of 1251.33 feet to a point on the South right-of-way line of the Phyllis Canal; thence along said right-of-way line the following courses and distances, North 79°28'52" East, 152.17 feet; thence North 82°25'54" East 316.14 feet; thence North 72°59'51" East 60.85 feet, thence North 64°33'24" East 52.49 feet; thence North 59°43'08" East 697.38 feet; thence North 65°14'58" East 318.69 feet; thence North 71°20'49" East 300.98 feet; thence North 74°33'03" East 164.83 feet; thence North 75°49'14" East 79.69 feet to the TRUE POINT OF BEGINNING; thence leaving said right-of-way line, South 21°19'02" East 387.17 feet to a point of curve; thence along a curve to the right, having a radius of 200.00 feet, an arc length of 96.06 feet, through a central angle of 27°31'07", with- a chord bearing South 07°33'29" East a chord distance of 95.14 feet; thence South 06°12'05" West 305.32 feet; to anon-tangent point on a curve; thence on a curve to the right, having a radius of 800.00 feet an arc length of 409.59 feet, through a central`angle of 29°20'04", with a chord bearing North 88°41'53" East a distance of 405.13 feet; thence South 76°38'05" East a distance of 436.14 feet to a point of curve; thence along a curve to the left, having a radius of 660.00 feet, an arc length of 473.25 feet, a central angle of 41 °05'02", with a chord bearing North 82°49'24" East a distance of 463.18 feet; thence North 62°16'53" East 132.83 feet; thence North 00°27'32" East 275.36 feet; thence`North 00°28'13" East 536.11 feet to a point on the South right-of-way line of the Phyllis Canal; thence along said right-of-way line the following courses and distances, thence North 81°24'58" West 187.44 feet; thence North 86°09'42" West 63.93 feet; thence North 80°36'35" West 72.62 feet; thence North 77°43'18" West 148.21 feet; thence North 87°27'05" West 114.24 feet; thence South 85°52'48" West 105.44 feet; thence South 79°19'59" West 95.16 feet; thence South 76°33'06" West 113.21 feet; thence South. 79°30'23" West 40.23 feet; thence South. 79°10'52" West 128.36 feet; thence South 80°36'17" West 317.18 feet; thence South 81°09'47" West 156.99 feet; thence South 75°49'14" West 11.54 feet to the POINT OF BEGINNING: Said parcel containing 29.38 acres, more or less. REV! ~P R•oVAL `~~ ~: ` End of Description sY Project No. 05132, February 2, 2007 ~~~ ~ ~ ~Y~~~ ~ ~ 14 ~~ MERIDIAtJ PUBLIC `~~ WORKS dEPT. 357 E. Watertower Ln., Suite F, Meridian, ID 83642 ~~'~ P. 208.888.7345 i'. 2Q8 8B8.735G Title: -,/~~~iL- Date: 02-08-2007 Scale: finch = 300 feet I File: Tract 1: 29.382 Acres: 1279887 Sq Feet: Closure = n69.5421e 0.01 Feet: Precision =1/350587: Perimeter = 4606 Feet 001=s21.1902e 387.17 002: Rt, R=200.00, Delta=27.3107 Bng=s07.3329e, Chd~JS. i4 003=s06.1205w 305.32 004: Rt, R=800.00, Delta=29.2004 Bng=n88.4153e,Chd=405.13 005=s76.3805e 436.14 006: Lt, R~60.00, Delta=41.0502 Bng=n82.4924e, Chd=463.18 007=n62.1653e 132.83 008=n00.2732e 275.36 009=n00.2813e 536.11 010=n81.2458w 187.44 011=n86.0942w 63.93 012=n80.3635w 72.62 013=n77.4318w 148.21 014=n87.2705w 114.24 015=s85.5248w 105.44 016=s79.1959w 95.16 017=s76.3306w 113.21 018=s79.3023w 40.23 019=s79.1052w 128.36 020=s80.3617w 317.18 021=s81.0947w 156.99 022=s75.4914w 11.54 ~ ~~'~~ llnderson Suruey Group.eom "' ~~` EXHIBIT A AMENDED PARCEL 6 ZONED CN Legal Description A parcel of land situated in the south one Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 2647.23 feet to the Southeast corner of the Southwest Quarter of said Section 22 and the True Point Of Beginning; thence continuing along said South line, North 89°17'09" West, 1293.10 feet; thence leaving said South line, North 01°59'10" East 343.83 feet to a point of curve; thence along a curve to the right, having a radius of 150.00 feet, an arc of 221.56 feet, a central angle of 84°37'42", •with a chord that bears North 44°18'01" East 201.96 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 1000.00 feet, an arc of 367.94 feet, a central angle of 21 °04'54", with a chord bearing North 76°04'25" East 365.87 feet; thence along a curve to the right, having a radius of 500.00 feet, an arc of 531.76 feet, a central angle of 60°56'05", with a chord bearing South 84°00'00" East 507.05 feet; thence along a curve to the left, having a radius of 160.00 feet; an arc of 107.72 feet, a central angle of 38°34'32", with a chord bearing South 72°49'13" East 105.70 feet; thence North 87°53'31" East 107.74 feet; thence along a curve right, having a radius of 100.00 feet, an arc of 53.76 feet, a central angle of 30°48'14", with a chord bearing South 76°42'22" East 53.12 feet; thence South 61°18'15" East 72.67 feet; thence South 28°41'45"West 81.03 feet; thence along a curve to the left, having a radius of 185.00 feet, an arc distance of 135.76 feet, through a central angle of 42°02'42", with a chord bearing South 07°40'24" West, a chord distance of 132.73 feet to a point; thence South 13°20'57" East, 37.04 feet; thence along a curve to the right, having a radius of 184.63 feet, an arc distance of 49.34 feet, through a central angle of 15°19'23", with a chord bearing South 07°14'25" East, a chord distance of 49.23 feet to a point; thence South 00°30'29" West, 177.49 feet to the POINT OF BEGINNING, said point being on the South line. of said Section 22. Said parcel containing 16.11 acres, more of less. End description Project No. 05132 February 8, 2007 ~~viE Pig vAl: ~~' ~g_ F t, t;:e ~ ,,., ~ ~ ul~t#IQ~AN PUB~.IC ~!vp~KS pEP'~ ~j1~7~ .~ `14 8 f,~B ~ ~~ ~~ ~~~ 357 E. Watertower ln., Suite F, Meridian, 10 63642 P.208.B86.7345 F. ZOB.i386.735k Title: ~l> ~~~-~ ~, I Date: 02-02-2007 Scale: finch = 200 feet I File: Tract 1: 16.107 Acres: 701627 Sq Feet: Closure = n07.4143e 0.01 Feet: Precision =1/362225: Perimeter = 3581 Feet 001=n89.1709w 1293.10 ~6: Lt R=160.00, Delta=38.3432 Bng=s72.4913e, Chd=105.70 Ol L Lt, R=185.00 Deha=42.0242 Bng=s07.4024w, Chd=132.73 002=n01.5910e 343.83 007=n87.5331e 107.74 012=s13.2057e 37.04 003: Rt, R=150.00 Delta=84.3742 Bng~-n44.1801e, C7hd=201.96 004: Lt R=1000.00 Delta=21.0454 008: Rt, R=100.00 Delta=30.4814 Bng--s76.4222e, Chd=53.12 013: Rt, R=184.63 Delta=15.1923 Bng=s07.1425e, Chd=49.23 , , Bng--n76.0425e, Chd=365.87 5605 R R 009=s61.1815e 72.67 014=500.3029w 177.49 s84 0o00. C}~d 50 09 Bng-- 010=s28.4145w 81.03 % SFr ~ 1 \'. ~ r ,~. ~ '~ ;,,; Anderson Survey Group.com EXHIBIT A AMENDED PARCEL 7 ZONED R•15 Legal Description A parcel of land situated in the south one Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 2647.23 feet to the Southeast corner of the Southwest Quarter of said Section 22; thence continuing along said South line, North 89°17'09" West, 1293.10 feet to the True Point Of Beginning; thence leaving said South line, North 01°59'10" East 343.83 feet to a point of curve; thence along a curve to the right, having a radius of 150.00 feet, an arc of 221.56 feet, a central angle of 84°37'42", with a chord that . bears North 44°18'01" East 201.96 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 1000.00 feet, an arc of 367.94 feet, a central angle of 21 °04'54", with a chord bearing North 76°04'25" East 365.87 feet; thence along a curve to the right, having a radius of 500.00 feet, an arc of 531.76 feet, a central angle of 60°56'05", with a chord bearing South 84°00'00" East 507.05 feet; thence along a curve to the left, having a radius of 160.00 feet, an arc of 107.72 feet, a central angle of 38°34'32", with a chord bearing South 72°49'13" East 105:70 feet; thence North 87°53'31" East 107.74 feet; thence along a curve right, having a radius of 100.00 feet, an arc of 53.76 feet, a central angle of 30°48'14", with a chord bearing South` 76°42'22" East 53.12 feet; thence South 61°18'15" East 72.67 feet; thence North 28°41'45" East 18.12 feet; thence along a curve to the left, having a radiusof 506.05 feet, an arc of 1307.53 feet,- a central angle of 148°02'24", with a chord bearing North 45°19'26" West 972.99 feet; thence South 60°39'22" West 480.86 feet; thence along a curve to the` right, having a radius of 1177.33 feet, an arc length of 1025.09 feet, through a central angle ofi49°53'12", with a chord bearing South 85°35'58" West 993.01 feet; thence along a curve to the left, having a radius of 2400.00 feet, an arc of 862.40 feet, a central angle of 20°35'18", with a chord bearing South 15°58'22" West 857.77 feet to a point on the South line of said Section 22; thence along said South line ,South 89°17'09" East 992.10 feet to the -POINT OF BEGINNING. a RE~/1 p~P a/AL ~,,,,~,~~ Said parcel containing 33.24 acres, more of less. By 1 ~ ' l~ Y' End description #~ Pro'ect No. 05132 n~sRlaiA~v Pveuc ~ 2 _ _`~ ~ 4VC5RKS DEPT. .r,~f,~ ®!~ ~~< February 2, 2007 357 E. Watertower Ln., Suite F, Meridian, ID 83642 P.20B.B88.7345 f. 208.886.7354 Title: {''/.~ ~,,C. ~,, l~ ~ I Date: 02-02-2007 Scale: finch = 500 feet I File: Tract 1: 33.239 Acres: 1447876 Sq Feet: Closure = n75.0731e 0.01 Feet: Precision >1/999999: Perimeter = 6493 Feet 001=n01.5910e 343.83 006=n87.5331e 107.74 011=s60.3922w 480.86 002: Rt, R=150.00, Delta=84.3742 44 Chd=201 96 B 180 ' ' 007: Rt, R=100.00 Delta=30.4814 B = 76 2 hd=53 2 012: Rt, R=1177.33, Delta=49.5312 B 01 85 3558 hd~93 . 1e, . ng - n 003 Lt R=1000 00 D lt =21 0454 ng s .4 22e, C .1 n -s . w, C . O1~Lt =203518 R=2400 00 D l : , . , e a . Bn - 76.0425e, Chd=365.87 55 008=s61.1815e 72.67 , . e ta Bng=s15.5822w, Chid=857.77 B~saoo 0~ Chd=50705 00 D l =38 3432 00 L R= 60 009=n28.4145e 18.12 0 0 L R= 6 l = 8 0 2 014=s89.1709e 992.10 , . 5: t, 1 . e ta Bng=s72.4913e, Chd=105.70 1 : t, 50 .05, De ta 14 . 2 4 Bng=n45.1926w,Chd=972.99 (, ~.,, Anderson Survey Group.com '' ~;'~' EXHIBIT A AMENDED PARCEL 8 ZONED CC Legal Description A parcel of land situated in the south one Half of Sections 21 and 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: BEGINNING at the Southeast corner of said Section 22, said point being marked by an aluminum cap; thence along the South line of said Section 21 North 89°24'46" West, 869.90 feet leaving said South line, North 03°00'02" East 383.95 feet; thence along a curve to the right, having a radius of 800.00 feet, an arc distance of 228.96 feet and through a central angle of 16°23'54", with a chord bearing North 11°11'59" East, a chord distance of 228.18 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 400.00 feet, an arc length 245.40 feet and through a central angle of 35°09'05", with a chord bearing North 01°49'23" East, a chord distance of 241.57 feet to a point; thence North 15°45'09" West 48.47 feet; thence along a curve to the left, having a radius of 800.00 feet, an arc of 26.76 feet, a central angle of 01°55'00" , with a chord bearing North 65°15'25" East 26.76 feet; thence North 64°18'22" East 188.25 feet; thence along a curve to the right, having a radius of 960.00 feet, an arc of 856.17 feet, a central angle of 51 °05'57", with a chord bearing North 89°51'20" East 828.08 feet; thence South 64°35'41",East 326.44 feet; thence along a curve to the left, having a radius of 1177.33 feet, an arc of 99.92'fee, a central angle of 04°51'45", with a chord bearing South 67°01'34" East 99.88 feet; thence along a curve to the left, having a radius of 2400.00 feet, an arc of 862.40 feet, a central angle of 20°35'18", with a chord bearing South 15°58'22" West 857.77 feet to a point on .the South line of said Section 22; thence along said South line, North 89°17'09" West 361.93 feet to the POINT OF BEGINNING. Said parcel containing 30.11 acres, more of less. End description Project No. 05132 February 2, 20~~vi ~vAi. SY ~f~k.~` s @ 4~ L..,~. ... .. ~ - ~ WORKS DEPTIC 357 E. Watertower Ln., Suite F, Meridian, 10 83642 P. 208.888.7345 F. 208.888.7354 Title: ~ ~~"~~ ~: L,~ ~ `Date: 02-02-2007 Scale: finch = 400 feet I File: Tract 1: 30.110 Acres: 1311573 Sq Feet: Closure = s00.4152w 0.01 Feet: Precision =1/860125: Perimeter = 4499 Feet 001=n89.2446w 869.90 006: Lk R=800.00, Delta=01.5500 Bng~t65.1525e, Chd=26.76 011: Lk R=2400.00 Delta=20.3518 Bng=s15.5822w, C~td=857.77 002=n03.0002e 383.95 007=n64.1822e 188.25 012=n89.1709w 361.93 003: Rk R=800.00, Delta=16.2354 008: Rk R=960.00, Delta=51.0557 Bn - 11.1159e, Chd=228.18 R ~ ° ° Bng~89.5120e, Chd=828.08 c de ais~ 9os B~o1 .a 9z e,, 009=s64.3541e 326.44 005=n15.4509w 48.47 010: l,k R=1177.33, Delta=o4slas Bng=s67.0134e, Chd=99.88 /- ,...., ~_ Anderson Suruey Group.com ''~~;"~" EXHIBIT A AMENDED PARCEL 9 ZONED R-15 Legal Description A parcel of land situated in the south one Half of Sections 21 ,Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of said Section 21, said point being marked by an aluminum cap; thence along the South line of said Section 21 North 89°24'46" West, 869.90 feet to the TRUE POINT OF BEGINNING; thence leaving said South line, North 03°00'02" East 383.95 feet; thence along a curve to the right, having a radius of 800.00 feet, an arc distance of 228.96 feet •and through a central angle of 16°23'54", with a chord bearing North 11°11'59" East, a chord distance of 228.18 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 400.00 feet, an arc length 245.40 feet and through a central angle of 35°09'05", with a chord bearing North 01°49'23" East, a chord distance of 241.57 feet to a point; thence North 15°45'09" West 48.47 feet; thence along a curve to the right, having a radius of 800.00 feet, an arc of 331.97 feet, a central angle of 23°46'33" , with a chord bearing South 78°06'39" West 329.60 feet; thence South 89°59'55" West 167.11 feet to a point on the Westerly line of the Southeast Quarter of the Southeast Quarter of said Section 21; thence along said Westerly line South' 00°28'46" West 822.99 feet ro a point on the South line of said Section 21; thence along said South line, South 89°24'46" East 437.61 feet to the POINT OF BEGINNING.: Said parcel containing 9.09 acres, more of less. End description Project No. 05132 February 2, 2007 REViE ANAL BY ~~ `i NIEFZ1DaAtV pUBi_IG VVOR4C5 DEP?. 357 E. Watertower Ln.. Suite F, Meridian, ID 83642 P. 208.888.7345 F.2D8.88B_7354 Title: ,~~,~~1~~-L-- 7 ~ Date: 02-02-2007 Scale: finch = 300 feet File: Tract 1: 9.092 Acres: 396060 Sq Feet: Closure = s48.5041,w 0.01 Feet: Precision =1/226895: Perimeter = 2666 Feet 001=n03.0002e 383.95 004=n15.4509w 48.47 007=s00.2846w 822.99 002: Rt, R=800.00, Delta=16.2354 005: Rt, R=800.00, Delta=23.4633 008=s89.2446e 437.61 BnB=n11.1159e, Chd=228.18 Bng=s78.0639w, Chd=329.60 003: Lr, R=400.00 Delta=35.0905 006=s89.5955w 167.11 Bng=n01:4923e, C=hd=241.57 ' Revised Exhibit A2 (new inning map) ~~ t~ ~$ ~1 ~. ~~~~ --,~-r_-- ~ ~~ I .,~ ~~ ~ 1`S ~ i 4 ~ ~ ~ ~ ~ I y Y'} I~ 1 ~ ~ ~ 9g+LOR {~ Y 1 ~ ~ ` ~ W I ~ r1 ~~ a ~ -,~ _ a ~ ~d ~~d $Q ~ i L S ~ I d dV ~ I !' u'l e~ P ~ -.. ~b J'17gyFw~ ~1'I~~ ~~ ~ R. ~ aaA $ 1~ ~ I R y1 ~ =7~ ~ ~ ' I 9 Q ~ ~ 11 ,_ ~ s ~ Q ! ~l ~ q ~i -a x~ ~ L¢ e r ~, '^ 6 0 4i-J f"^ rJ , ~ ~ ~ a U m I~ sR a ti ~ a~ ~ ~ d'= I z 11 ~e~ ~o-a ~ ~ ~1W^ ~~ ¢ e a 6 I i \\f `~.. l1 ~~ 0 y \~ y ,,\ ~I ~~~ a y aah _ ~ra f~ ~~ .a . ~-..,~ ~ r l i' a p y O M1 9 ~ yi 1 ` ~ 4 S ~i~ ~- Page 1 ~u~' ~ "~M ~a ,, w -F+ k 0 ~. a o ~~ ~ :., ~ C~ ''~~1 "~.J .~G_ ~s ~. y~y,~, U Z 1yJ 2 ~1 qq '1 ~ . gi ~ ~I~ .'1'i o~ li ,''~11 Y 'N l °i "f ~ ~ N b YY..{{ N lvl ~" ~ A ~ '- h 9 ~ r ^ .~ O c vl V ~ N ~ tl ~. ~ ~ O pr $ .+~ O~ y °^e~1 91 ~ M~I ~ " N~ 0 Xi ^ b ~Nb KN ~~~ .O.y w e O ~f ~ ~O ,~ ~, N N ~ ~p ~ .. h u~{5 ~ g ,~ R ~r ~ ~ F Z i g ~ F X ~ r ~ l ^~ IR~, C. 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