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Meridian Veterinary Clinic Addendum AZ 05-066ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 30 BOISE IDAH012106I07 01:36 PM IIIIIIIIII I II III DEPUTY Danielle Goulette III IIIIIIIIIIIIIIIIII RECORDED-REQUEST OF 1071 ~ 19 r 7 Cily of Meridian ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Scott Higer, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 12th da,Y of April, 2006. This addendum is made and entered into this- f~ day of ~C~tl lyQ~ , 2007, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Scott Higer, whose address is 415 West Franklin, Meridian, Idaho 83642, hereinafter called "OWNER/DEVELOPER". OWNER /DEVELOPER agrees to be bound by the terms of the original Development Agreement (instrument # 10604912), approved on April 18, 2006 on the land described in Exhibit "A", except as specifically regarding Section 5, "Development in Conditional Use". 1. 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, exhibit "B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That Section 5, "Development in Conditional Use" of the original Development Agreement, Instrument # 10604912, approved on Apri118, 2006, be deleted in its entirety as it does not apply to this property. 3. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner/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. 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 second 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 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/Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable ADDENDUM TO DEVELOPMENT AGREEMENT (AZ OS-066 MERIDIAN VETERINARY CLINIC) discretion, had determined that "Owner/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/Developer" and "City" relative to the subject matter herein, and there are no promises, agreements, conditions or under- standing, 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 second 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 of the 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 (AZ OS-066 MERIDIAN VETERINARY CLINIC) ACKNOWLEDGMENTS IN WITNES'S WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BY: - - cott Higer CITY OF MERIDIAN ~~~~ BY: / Mayor Tammy de eerd ~~'~' ` 1 11~ ~~, ~ vJ Cr~ L o'ltwrit~ ~~~ 2 7~ 0 ~ J~ ~~ Attest: ,~'~ ~}'`~o~~~gr~o ~'~ ';. - ~ ~~~ _ William G. Berg, Jr., Ci Cle~,~,,/~® ~~~T'~~ ~6° O ,~' '~' P ,` /,//~~~11111111 FI1i1111\\\\\\ ADDENDUM TO DEVELOPMENT AGREEMENT (AZ OS-066 MERIDIAN VETERINARY CLINIC) STATE OF IDAHO ) ss: County of Ada, ) ~, 2007, before me, the undersigned, a Notary Public On this ~ day of ~ ~~ , , in and for said State, personally appeared Scott Higer known or identified to me to be the person who executed the instrument, 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 year in this certificate first above written. (SEAL) _ t~SA D. IAUGHRtDGE~--_ _,_ :. Notary ,Public ~ _ ~;,_ :_ ~. _ :...State of Idaho ~===_=;-- ~~~ .~._ ~ C ~__ Notary Public for Idaho Residing at: ~~ f ~ c~ ~ ~. --~- ~ ~-`~~ My Commission Expires: ~ ~- ~~ - ~o~ `~ STATE OF IDAHO ) ss County of Ada ) h On this ~.~t day of ~~Ueim~/ , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William 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. IN WITNES'S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. E ., AR • 4-,~ Z ,~ (SEAL) ~ ~' O ~ •, • .N; ; i • ~- i ~~ ; Oi ,, 1G,. ~. •.... ~ ~ ~ . ~~ Notary Public for Idaho Residing at: ~1l ~ (~ l 5. _r 1.~ 1(~ Commission expires: 10-f I-~ ~ ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 05-066 MERIDIAN VETERINARY CLINIC) ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 25 801SE IDANO 04127!06 02:02 PM DEPUTY Neava Haney RECORDED-REQUEST OF 106064912 Meridian Oily DEVE~,OPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Scott Higer, Owner/Developer THIS D~'VELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~a-day of /~ ~~ , 2006, by and between City of Meridian, a municipal corporation of the State of daho, hereafter called "CITY', and Scott Higer, whose address is 415 West Franklin Road, Meridian, Idaho 83642 hereinafter called "OWNER/DEVELOPER". 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 for each owner, 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. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Pxoperty"; and 1.3 WHEREAS, "City" has exercised its statutory authority 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 (C-G) General Service and Retail Commercial, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer"made representations at the public heazings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ O5-066) MERIDIAN VETERINARY CLINIC PAGE 1 OF 10 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, the 7~' day of March, 2006, 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, 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 "OWNEIt/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 zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to. ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title l l .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. DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 2 OF IO 3, DEFII~TITIONS: 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 "OWNER/DEVELOPER":meansand' refers to Scott Higer, whose address is 415 West Franklin Road, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Service and Retail Commercial) attached hereto and by this reference incorporated herein as if set forth at length. 4, USES PERNIITTED 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 Section 11-7-2 which are herein specified as follows: Construction and development of a Certi,Jicate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the C-G zone, and the pertinent provisions of th a City of Meridian Comprehensive Plan are applicable to this AZ OS-066 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5, DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated December 13, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ OS-066) MERIDIAN VETERINARY CLINIC PAGE 3 OF 10 Zoning and 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. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS .GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 3. That the applicant will be responsible for all costs associated with sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. That prior to issuance of a Certificate of Zoning Ordinance for construction of the new building, the applicant shall submit a recorded cross access and parking easement between the two parcels. 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 "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 4 OF 10 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 Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the 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 "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" 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 "Owner/Developer", "Owner/Developer'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 maybe modified. or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one 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 DEVELOPMENT AGREEMENT (AZ OS-066) MERIDIAN VETERINARY CLINIC PAGE 5 OF 10 "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer",grior to the third reading of the Meridian Zoning Ordinance in connection with the re-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 "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 "Owner/Developer" 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, 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 maybe 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 "Owner/Developer" 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 § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ 05.066) MERIDIAN VETERINARY CLINIC PAGE 6 OF ] 0 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer"agreestpat no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has 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 "Owner/Developer" 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. 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 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Scott Higer 415 West Franklin Road 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 DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 7 OF 10 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 timelyperform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 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/Developer" 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 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 Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. IIWALID 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 "Owner/Developer" and "Cit}r', 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 usesand/or conditions governing re-zoning 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 DEVELOPMENT AGREEMENT (AZ OS-066) MERIDIAN VETERINARY CLINIC PAGE 8 OF IO 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. 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. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER: . Scott Higer CITY OF MERIDIAN ~ ~~~~ BY. MAYOR T Y de WEERD ,,~,,,~~~~~„ ,,,6 y ~~ Ca~c~;G 4-~~od Attest: \r C~'1\~~r.: vs~~`4 J 'd~ ~.~ CITY CLERK = ~~, Y ,,~~', i~~' W/~ f~1y a Ly ,\` DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLIPFIC PAGE 9 OP 10 STATE OF IDAHO, ) . ss: County of Ada, ) On this ~ day of .~ ,: ~ 2006, before me, the undersigned, a Notary Public in and for said State, perso ally appeared Scott Higer, known or identified to me to be the person who signed the instrument, 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 year in this certificate first above written. TERESA D. LAUGHRIDGE (SEAL Notary Fub:ic 5ta~e of Idaho 1 ~.. Notary Public for Idaho Residing at• ~~r1~ ~, . c~'. ~ ._ ~ `~ 4.,~-- ~ My Commission Expires: ~~ _ c ~ _ ~. o ~~ STATE OF IDAHO ) ss County of Ada ) On this~_ day of ~ 2006, before me, aNotary Public, personally appeared Tammy de Wee and William 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dad and year in this certificate rst above written ~r~~ f• .•'4A M• ~'•. (SEA~,~•~ '~O T~'~~~~„ Notary Public for Idah~~~ Residing at: C1 1 l 1?P,~ J ~ ~ ', ; Commission expires: (~-~ ({ ~ .~~, • • °ii--~~ •0•~..~• DEVELOPMENT AGREEMENT (AZ OS-066) MERIDIAN VETERINARY CLINIC PAGE 10 OF 10 E~cl-,~bi~ ~! f Legal Description POOR COPY, Tnp:~-e:?~K+11jAL.1:.4 SC.lt'.'kYr land Surve in Inc ~-y=•~~~-~~'?~'yL~KJ:<G , , y g :esc~~~;;u:r: 1141 E Slob Sfre~t Sulfo 1qS Eagi~, Idoho 03616 offltfl: 1•~qq-939.75'9 ~ fax; 1.288-539.7521 .Ip:, 'Jo. 0595: 1 i- is -JS il.R.!„ l.F.t;kL AE5CRIPTlO~ F'Oti ~CUTT HIGEk A poniat at Nc !~oRh;,ES! Ira o'the Vu;thH•est ~ +; of the Nasthrss~ c: Secrsn ~ i. 'uwnstia: Notth. Rx~ae ;West d'th. Boi9u b;cri6ign..tda Caunr.•. Idaho. des-rifled as fn!I:•N~: Carrunoocintt ~ lye f+orJte'rsr a~rnerul'Sc::ion 13. Townsbiy 7 Venh, ~an~e I Il'est of th. [ieiie Meridian, Ada CJU:1ry. Idaho. ahd tulufl.~ dtartee Kest 1452.1? fa• ;.bng ;he i~onh line efsald sts<liet:u the POINT q? 6EOINNING::h~cr SO` I3'48'•w ; I;.; r. feeu theA+:e least 111.170 feel: tlten:x NO•t 3'~8"E ;30.00 feet; thtaee Wort 5yA4 fcrt; 0lcrtsc V0°I?'48"1: 163.' C tent :o .he Votth lino of Bald aectioa thanee tt?st 3S :K1 feet w Cx poiot of beginning. Part:el contain. 0.5± aaYS •..•hirt. i,:;luJe~ pmaosed righaof-t+~ay aioe~g fr5mtklir. Zoac. ,~~ -~; . l~i ~, , .._µ. V e '~ M1 ~ch~:~ ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~,~' ~'~~1ED ~,. . eridian ' Office CIT' 7P e~r~ia~ ~ ; ~ :., ~~a.,m, ..~ ~~,, ~S%~k In the Matter of a request for Annexation and Zoning of .50 acres from R-12 to C-G (General Service and Retell Comracrcial) at 415 West Franklin Road, by Meridian Veterinary Clinfic. Case No(s). AZ-OS-066 For the Clty Council gearing Date of: March 7, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) B. Conclusions of Law 1 _ The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CTTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-066 -PAGE 1 of 3 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planting jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are unposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the hearing date of March 7, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 7, 2006 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within 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. E. Attach: Staff Report for the hearing date of March 7, 2006 By action of the City Council at its iegular meeting held on the ~ ~ day of ~ .~ _ . t ~ .2006. CITY OF MERIDTAN FnVDINGS OF FACT, CONCLUSIONS OF LAW AND pECISION Bc ORDER CASE NO(S). AZ-OS-066 -PAGE 2 of 3 COUNCIL MEMBER SHAUN WARDLE VOTED_-~~ COUNCIL MEMBER JOE GORTON VOTED__ ~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__ G~ COUNCII. MEMBER K$TTH BIRD VOTED__ ~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED "~~ MAYOR a ERD ATTEST: LIAM G. BERG, JR., C C RK Copy served upon: / APPlicant -fir Planning Department -~ Public Works Department ~~ City Attorney B~"• ~ ~1._.~ Dated: 3'$' Q l~ City Clerk's Office CITY OF MERIDIAN FMDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.OS-066 - PACfE 3 of 3 -'•-• C1TY OFMERiDiAN PLANNING DEPARTMENT STAFF REPORT FOR TIC DARING DATE OF MARCH 7, 2006 STAFF REPORT City Council Hearing Hearing Date: 3/7/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Meridian Veterinary Clinic • AZ-OS-066 .i'1' ~~~ ,,~~''rm• ~0 1'~ ~~~ ~r ,~,, ,-~' Annexation and Zoning of .50 acres from R12 (Ada County) to C-G zone SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Jce Thompson of Architecture Northwest, has applied for Annexation and Zoning (AZ) of .SO acres from R12 (Ada County) to C-Ci (t3eneral Retail and Service Commercial) for the construction of anew building at an existing veterinary clinic. The site is located on the south side of Franklin Road, west of N. Meridiaa Road. The site is currently vacant and a veterinary clinic exists on the property which is adjacent. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on February 2, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor. Joe Thompson ii. In opposition: None. iii. Commenting: Larry Rackham iv. Staff presenting application: v. Outer staff commenting on application: b. Key Issues of Discussion by Commission: i. Alternative Compliance for required landscaping along the west property line and the desire to see landscaping along Franklin Road. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve I move to approve File Number AZ-05-066 as presented in the staff report for the hearing date of March 7, 2006, with the following modifications to the conditions of approval: (add any proposed modifications). Deny i move to deny File Number AZ-OS-066 as presented in the staff report for the hearing date of March 7, 2006, for the following reasons: (you must state specific reasons for denial). Continue 1 move to continue the public hearing for File Number AZ-OS-066 to (date certain). 4. APPLICATION AND PROPERTY FACTS Mcridien Veterinary Clinic AZ-OS-066 PAGE 1 s CITY OF MERIDIAN PLANNINO~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 a. Site Address/L.ocation: South side of Franklin Road, west of N. Meridian Road/ 415 W. Franklin Road NE '/<, NE '/., Section 13, T3N Rl W b. Owners: Scott Niger 415 W, Franklin Road Meridian, Idaho 83642 c. Applicant: Joe Thompson, Architecture Northwest 224 16"' Avenue S. Nampa, Idaho 83651 d. Representative: Joe'Thompson e. Present Zoning: R12 (Ada County) f. Present Comprehensive Plan Designation; Commercial g. Applicant's Justification Statement (from application materials): "We feel that developing the property as commercial would be a better ftt with the surrounding land uses. Conceptually, our client is proposing to use the parcel to expand his Veterinary facilities to meet our increased customer demand. The proposed 7,200 sq. ft. facility would be located on the south end of the subject parcel." 5. PROCESS FACTS a. The subject application will in fact constitute a annexation as determined by City Ordinance. By reason of the provisions of UDC 11-SB-3, a public hearing is required before the Planning and Zoning Commission and City Council on this matter. b. Newspaper notifications published on: January 16 and 30, 2006 c. Radius notices mailed to properties within 300 feet on: January 6, 2005 d. Applicant posted notice on site by: January 24, 2006 6. LAND USE a. Existing Land Use(s): Vacant with existing veterinary clinic on adjacent parcel which fronts on FranklinRoad b. Description of Character of SuROUnding Area: The area along this portion of Franklin Road is developed as mostly commercial, with some industrial snd residential uses to the west of the site. c. Adjacent Land Uae and Zoning 1. North: Louisiana Pacific manufacturing plant, zoned C-G and I-L. 2. East: Existing residence and vacant land, zoned C-G. 3. South: Existing office building in Troutner Business Park, zoned C-G. 4. West: Existing office building in Troutner Business Park, zoned C-G. d. History of Previous Actions: None. Meridian Veterinary Clinic AZ-OS-066 PAGE 2 - CITY OF Ml~RIDIAN PLANNING DEPAR7MEN7' STAFF KEPOAT FOR THE AEARIN(3 DATE OF MA<ZCH 7, 2006 e. Existing Constraints and Opportunities 1. Public works Location of sewer; Tn W. Franklin Road Location of water: In W. Franklin Road Issues or concerns: None. 2, Vegetation: None. 3. Flood plain: NA 4. Cenals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: C-G 7. Size of Property:.50 acres h. Proposed and Required Non-Residential Setbacks; per the L-O zone C-G Standazd Front 0 feet Side 0 feet Rear 0 feet Max. Building Height 65 feet Min. Lot Sue None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be from an existing curb cut on Franklin Road. 7. COMMENTS MEETIl~TG On January 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Pazks Department, Meridian Public Works Department, and the Sanitary Services Company, Staff bas included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as `Commercial'. In Chapter VII of the Comprehensive Plan, `Commercial' azeas are auticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and of&ce uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the requested C-G zoning generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (sta.,(~analysls u in italics i4elowpoltcy): • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Meridian Vc[crinary Clinic A2:05-066 PACIE 3 CI'!'Y OP MERIDIAN PI.ANMNO pEPAATMENt STAFF REPORT FOR THE HEARING DATE OP MARCH 7, 2006 The applicant is not spec~cally proposing to install any landscaping with the subject annexation application. The applicant will be required to submit a development application prior to constructing any use on the site. When the future development application(s) are processed by the City, the applicant will be required to construct landscaping which complies with the Unified Development Code. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter 1V, Goal I, Objective A, Action item ~ The subject site can be serviced by the City ofMeridian's sanitary sewer and water systems. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal ], Objective B) The proposed use does contribute to the variety ojcommercial uses in this area, as envisioned with the Comprehensive Plan. Stafffrnds that a C-G zone is harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-213-2 lists animal care facilities as a Permitted use in the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Fow Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and~the location of the district in proximity to streets and highways. 10. ANALYSES. a. Analysis of Facts Leading to StaffRecommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed annexation and veterinary clinic. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared oa December 13, 2005 by Darren Leavitt, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their dotnestic service, per City Ordlnattee Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domesde purposes such as landscape irrigation, That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be Meridian Veterinary Clinic AZ-05-066 PAGE 4 CITY OF MERIDIAN PLANMNG DEPARTMBN'J' $TgFF REPORT FOR T[~ HEARING DATE OF MARCH 7, 20116 detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Special Considerations• Staff is generally supportive of the proposed site design as presented in the conceptual site plan labeled as Sheet A-1.0, dated August 12, 2005, with the following comments: Perimeter Landscape Strio• UDC 11-3B-C1 requires a t3ve-foot minimum perimeter landscape buffer along all interior lot lines adjacent to parking, loading, or other paved vehicular use areas. This landscape buffer shall be planted with one tree per thirty-5ve lineal feet and shrubs, lawn, or other vegetative groundcover. The submitted site plan does not depict the required landscape strip along the western property line. It appears that due to the location of the existing building, there is insufficient space. to provide the required five-foot strip and Alternative Compliance may be appropriate, The applicant should be aware that they will be required to submit an Alternative Compliance application with the application for Certificate of Zoning Compliance and the Planning Director will make the determination whether the proposal meets the requirements of UDC 11-SB-5. Fire D~Dartmgnt and SSC AccecQ• The Meridian Fire Department and Sanitary Services Company (SSC) have commented that the drive aisle on the west side of the proposed building must be twenty feet in width and mazked as "No Parking". Parkitr¢ Adjacent to New Bui~il'na• The submitted conceptual site plan shows ten pazking spaces adjacent to the proposed building, including one handicap accessible space. The Meridian Fire Department and SSC have commented that the turning radius at the corner of the parking spaces and the drive aisle on the west side of the building is insufficient. The applicant should eliminate the western-most space along the proposed building to address this concern. The Unified Development Code also requires that a landscape planter be placed at the end of the row of pazkirtg, which contains vegetative groundcover and at least one tree. With the elimination of the one parking space and the placement of a planter at the end of the row of parking, the arming radius will be sufficient for the Fite Department and SSC. The applicant shall submit plans for the required Certificate of Zoning Compliance which address and remedy these concerns, and comply with the Unified Development Code. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shAll contact the City Attorney BL Narv at 888-44'~ toLitiate this process within 18 months of City Council approval of he a~ieuation request The DA shell incorporate the followurg: • That all futwe uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells aad/or septic systems within this project will have tv be removed from their domestic service, per City Ordinance Section 5-7-S17, when services aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Meridian Veterinary Clinic A2-0S-066 PAGE 5 CITY pF MERiDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 • That prior to issuance of a Certificate of Zoning Compliance for construction of the new building, the applicant shall submit a recorded cross access and parking easement between the two parcels. b. Staff Recommendation: Staff recommends approval of AZ-05-066 for Meridiaa Veterinary Clinic as presented in the staff report for the hearing date of Match 7, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the approval comments as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHIBITS A. Drawings 1 • Conceptual Site Plan B. Conditions of Approval 1. Planning Department 2. Public works Department 3. Fire Department 4. Police Department 5. Parks Deparment 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Meridian Veterinary Clinic AZ-05-066 PAGE 6 CITY OF MERlD1AN PLANNAVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE 0~+ MARCH 7, 2006 A. Drawings 1. Conceptual Site Plan Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RBPORTPOR THE HEARMQ DAT$ OF MARCH 7, 2006 ,~ I^ a W. FRANKLIN RD. .....:._. ~ ~.. ._ . D&•9 ~~t~C~U~^.. e !ii ~~jj:!ilf~~r~ I EUt.~sil ~'~ ~ ', I 011 1*t ^ ~ r~M Exhibit A ~. ~.. ..R . .,. a •:~.::.•c~l • :~-v~..~ss......i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 13. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Priot to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The a the C' Atto ill N 4 0 ' ' 'ate ' process within 18 months of City Council app val of the ~P ,anon reouest The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be wnstructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian, Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of a Certificate of Zoning Compliance for construction of the new building, the applicant shall submit a recorded cross access and parking easement between the two parcels. 2. PUBLIC WORKS DEPARTMENT 1. The proposed project has no Public Works concerns. 3. FIRE DEPARTMENT 1. The Pr~~d pre] has no Fire Department concerns. 4. POLICE DEPARTMENT 1. The Police Department has no concerns related to the application. 5. PARKS DEPARTMENT 1. The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 1. SSC has no concerns related to the application. 7. ADA COUNTX kglcHwAY D l8TRICT 1. Approved with no conditions. Exhibit B c CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FpR THE HEARING DATE OF MARCH 7, 2006 POOR COPY '.. ~~• .~.~1 _•__ . ' i ~. 8~ ~ II ~~~ ~1 ~'~ 1 ~~~ 6~ . ~ ai i; :' I l' ~ ~ r lln r.,- •r _~ Y .T ~ ' ~: . r .. .. -.+ ~ '~ ~. • ..-~ z ~ ~_~ ~~~ _ . ---i--. ..._ ...... _..: :~ 1 C"'• . • jv rD ~ ~~"'~ i Exhibit C CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF MARCIi 7, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commissioq the Council shall make a full investigation and shall, at the public hearing, review the application, ~ order to grant an annexation and/or rezone, the Council shall make the following findings; 1. The map amendment rnmplies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the wmprehensive plan, please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Repott. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that animal care facilities are allowed within the requested zoning district of C-G as a Principally Permitted Use. The applicant will be required to submit for approve! of a Certificate of Zoning Compliance prior to commencement of any construction on the property, to ensure compliance with City Code. 3. The map amendment shall not be materially detrimental to the public health, safety, and weffare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by aay political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the Cfty (UDC 11-3B 3.E). City Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant. is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that Annexation and Zoning of this to C-G would be ' e best interest of the Ci Exhibit D ti ~ ~.. e ~ GAS, BOi ~IDAi2Y, TOPOGRAPHIC ~~~ w.L.T.A SL~RV fiYS 3 ° CQ~S1Ti`JCTIOi~ ~TA3~I\G ~~~ ~E~~Y~~lt19~ f~iCr 3LY5C~T~iI~G 1':12. i'. Stat® Str~~t ~ ~~it~ iii ~ E~gie, t~afi~o X3616 ° affic~: 1 e~gg,939~7373 ° tax;. 1 ~2~1~=934.7321 Soh No. C3~993 12-i3-Q~ D.R.L. ~E~ &~~~CR>lp'~I~ ~~~. ~~t3~'~' 1~i~~.R .~. portion of the Northe8st-ll~ ofthe 1Vo=_~v:~s2 ~~4 e~f't~ No~iear-t of'Secton 13; ~ow~tisiiip 3 Ni~rth, Range 1 Wesi of~ the poise ~cridia.n. Ada County, Idaho, descrihed as f~llexa~~s: Cemmeneing ar the Nor*.he2st cnrne:r of ~ecton~ 13, Towr~sh?p 3 '~larth; Ra.Rge i 1~'~st of ttie 3ctse Meridian., :4d.~ County, Idaho, ~d running thence V;~est t 452.i? feet Gong the forth Tide-o: saiii seefior~ to the POiN?' Cr. 13~G1NsVII~G: thence 54°I3`4~"`~?V 3 i ~.i:C~ feed; .thence East 1~?4.Q0 feet: thence NG° i 3'48"E i 50.Q0 feet; thence i~~%est 99.~~ €et; thence'~0~13'48"E 763.1d~ feet .o ii~e'~Po:-th Iine of sai3 section; tl~erice t~'c-5~t 2~.;;(3 feat to.the point of begii~n.ing. Farce! corLtains QS^ acres ~hi.cl~ i.nc}udes proposed right of-t~~a~~ aiang F.rank:kin Road. :! ' ~~~ `^ ~~.