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Meadowlake Village North MI 07-006ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 14 BOISE IDAHO 02128108 01:34 PM DEPUTY Patli Thompson III IIIIIIIIIIIIIIIIIIIILIIIIIIIII I III RECORDED-REQUEST Of 10802285 Ciry of Meridian AMENDMENT TO 3~d ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Touchmark of the Treasure Valley LLC, Owner/Developer This Amendment to 3`~ Addendum to the Development Agreement ("Amendment") is made and entered into this ~ day of - , 2008, by and between CITY OF MERIDIAN, a municipal corporation of the tate of Idaho, hereinafter called "CITY', and Touchmark of the Treasure Valley, LLC, whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005, hereinafter called "OWNER/DEVELOPER". RECITALS A. City and Owner/Developerenteredfntothat certain DEVELOPMENT AGREEMENT that was approved on May 1, 2001 (Instrument # 101048096), the Apri12001 Addendum (Instrument # 101048097), the Touchmark Site/Bair Property Annexation Addendum (Instrument # 102143308), and the May 2003 Addendum, recorded on August 14, 2003 (Instrument # 103137119) for the Touchmark Living Centers/Meadowlake Village development on the land described in Exhibit A ("Property"). That addendum approved a revision to the original phasing plan for Phase III. B. City and Owner/Developer now desire to amend the Development Agreement in accordance with the terms in this Amendment, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 1. Owner/Developer shall be bound by the terms of the original Development Agreement, (Instrument # 101048096). This Amendment proposes to amend the construction requirements for Phase III of the development. Items 2, 3, 4, 6, 8, & 9 shall be and are hereby deleted as part of the requirements for completion of Phase III (FYnal Plat Phase 1) as these items are no longer considered to be within the scope of said phase. Item 12 is hereby deleted, as it duplicates Item 5. Items 1 and 5 shall be and are hereby modified to eliminate references to `Street H.' As all homes within this phase are to be single family units, all references to patio homes are hereby eliminated. AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 1 OF 4 2. Items 1, 5, 7, and 13, "PHASE THREE (Final Plat Phase 1) - shall be and are hereby modified to state: 1. Installation of domestic water distribution system and sanitary sewer collection system in all streets and cul-de-sacs to Phase Three (Final Plat Phase 1) cottages. S. Public utilities along all streets and cul-de-sacs in Phase Three (Final Plat Phase 1). 7. Construction of the street base for the Phase Three (Final Plat Phase 1) streets and cul-de-sacs. 13. Construction of cottage units and landscaping in Phase Three (Final Plat Phase 1). 3. This Amendment 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 Amendment shall be binding on the Owner/Developer ofthe 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 Amendment if City in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Amendment. 5. If any provision of this Amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This Amendment 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 or under-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 Amendment 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. AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 2 OF 4 written. 7. This Amendment shall be effective as of the date herein above ACKNOWLEDGMENTS IlV WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: TOUCHMARK OF THE TREASURE VALLEY, LLC a, r~ w.a~, ~, CITY OF MERIDIAN BY: Mayor Tam de Weerd Attest: ~~~ ~ `~ ~ ~ ~ i i i ~ i i,,,~~~ ., ~o City Cler ~~~ _ ~ - / ~' ~`~p~ ~ \` O ~3 , AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 3 OF 4 ~RCI~N STATE OF ) WgSK~ N~.'~ SS: County of ) {.. On this ~ day of ~~'9oc.~or-t , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~ r-e.~ ~ . '1Ja'~es }'~ known or identified to me to be the C,~x1 ~sF ~e ~.er of Touchmark of Treasure Valley, LLC and acknowledged to me that he executed th sesame on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) OFFICIAL SEAL AI"S~Ik Phi -~/RIGHT NOTARY PUBLIC-0REGON COP~~P~11,";SION N0. 391394 MY COMMISSION 'tXPiF;FS APR. 5, 2009 County of Ada ss ~~~.~~ • , Notary Public for d~~e~ ~ Residing at: ~cc~o„e•~ § ~ My Commission Expires: ~\5,2~°t On this day of " . ~t_t Qr , 200$, before me, a Notary Public, personally appeared Tammy de Weerd and ~. C7E tYlQh , Imow or identified to me to be the Mayor and Clerk, respectively, o the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. • :~';~~ `, (SEAL) ~ ~ 1 ~~ ~ Notary Public for Idaho • ~ ~~; Residin at: ~~, ti - Commission expires: I~~` ~'~ ,~ ~ e'. ., ~4 ~. '••,~;ATE ~~ AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 4 OF 4 ! ~, ;, t~ D E S I G N t N C. LANO PLANNING CIVIL ENOINRCRINO LANOieArt ARCNITCCTYRC LANG SuRVCr wwTCR I •~ .• ~ ~, ~' ~ ~• "~' ~~ ' . +~ S, 1' t 113 Eu1lNintilnp~$ek Orire ; HOIe, ID 89816 PH 208/218.8308 FX 2081218.6320 www.wr00esipa.com ti Proposed Boundary Dcscrlption !or Meadowlake Village Phase 3 Job No. 6066223 i i 7 A parcel of land situate in the north half of Section 16, Township 3 North, Range l East, Boise Meridian, Meridian City, Ada County, Idaho, and being more pariicularIy descaibed as follows: Commencing at the northwest corner of the northwest gnarter of Section •16, Township 3 North, Range 1 Fast, Boise Meridiaa, Meridian City, Ada County, Idaho; Thence 589°19'S3'~, 2706.26 feet along the north line of the northwest quarter; Thence 500°04'07"E, 384.98 feet along the east line of the northwest quarter to the PO1NT OF BEGINNING: Thence 589°20'45"E, 576.93 feet; , Thence 28.85 feet on a curve to the right having a radius of 28.00 feet, a central angle of 59°01'54", a chord bearing of S59°49'4T'E, and a chord length of 27.59 feet; Thence 154.53 feet on a curve to the left having a radius of 74.99 feet, a central angle of 118°03'49", a chord bearing of S89°20'45"E, and a chord length of 128.61 feet; Thence 28.85 feet on a curve to the right having a radius of 28.00 feet, a central angle of S9°01'54", a chord bearing of N61 °08' 18"E, and a chord length of 27.59 feet; Thence S89°20'4S"E, 43.09 feet; Thence 47.70 feet on a curve to the fight having a radius of 274.98 feet, a central angle of 9°56'23' ; a chord bearing of S84°22'33"E, and a chord length of 47.64 feet; Thence 579.°17'01"F, 515.39 feet to the west line of the northwest quarter ofthe northeast quarter; Thence S00°01'48"W, 79.05 Easel along th®west line of 'the northwest quarter of the northeast quarter to the aorfb~rly boundary of EdgevIew Estates No. l Subdivision; Thence N82°08'44"W, 7.63 • feet along the northerly boundary of Bdgeview Estates No. 1 Subdivision; Thence N79°24'21"W, 449.48 feet along the northerly boundary of Edgeview Estates No. 1 Subdivision; . Thence 580°Sl'42"W, 116.19 feet along the northerly boundary of Edgeview Estates No. l 8nbdivislon; Page :1 of4 Meadow Lake Phase 3 continued... Thence S25°44'31 "W, 195.09 feet along the westerly boundary of Edgeview Estates No. 1 Subdivision; Thence S22°30'43"E, 150.00 feet along the westerly boundary of Edgeview Estates No, 1 Subdivision; . 'Thence N$9°SI'06"W, 36.83 feet; Th~tce soo°o8's4"w,11 s.BG feet; Thence N32°3?' 18"W, 17l .71 feet; Thence N16°47'25"W, 7 t .82 feet; Thence S6b°08'35"W, 370.59 feet; Thence S47°06'50"W, 23.22 feet; Thence S82°52'42"W, G0.24 feet; Thence N78°SI'06"W, 208.53 feet; Thence S52°OS'28"W, 174.87 feet; Thence SSO°Sl'06"E, 146.98 feet; Thence I09.45 feet on anon-tangent curve to the left, concave southerly, having e radius of 242.84 feat, a eent~l angle of 2S°43'SO", a chord bearing~of S50°>,9'3t5"W, and a chord length of 108,14 feet; Thence 337°27'41 "W, 54.64 feet; Thence S88°02'20"W, 25.70 few; Thence NS2°31'S9"W,184.32 feet to the southeasterly bouadary of Touclunark Living Center Subdivision No. 1; Thence N37°28'Ol "E, S.7tS feet along the southeasterly boundary of Touchtnark Living Center Subdivision No. 1; Aage 2 of4 ®~~ C E S 1 6 N I N C. Meadow Lake Phase 3 continued,,, Thence 61.69 feet on anon-tangent curve to the right, concave easterly, having a radius of 57,50 feet, a central angle of 61°28'32", a chord bearing of N16°18'24"W, and a chord length of 58.78 feet, along the northeasterly boundary of Touchnnark Living Centex Subdivision No. 1; Thence N52°3 l'S9"W, 50.96 feet along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence 82.29 feet on anon-tangent curve to the right, concave northerly, having a radius of 68.00 feet, a central angle of 69°19'S8", a chord bearing of N87°1 ]'S8"W, and a chord length of 77.36 feet, along the northeasterly boundary of Touchmark Livir>tg Center Subdivision No. 1; Thence N52°31'S9"W, 28.37 feet along the northeasterly boundary of Touclunark Living Center Subdivision No. l; Thence 214.29 feet on a curve to the left having a radius of 329.00 feet, a central angle of 37°19'07", a chord bearing of N71 °11'33"W, and a chord length of 210.52 feet along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence N89°51'06"W, 141,19 feet along the northeasterly boundary of Touchmark Living Center Subdivision No, 1; Thence 313.93 feet on a curve to the right having a radius of 271.00 feet, a central angle of 66°22'19", a chord bearing of N56°39'S7"W, and a chord length of296.67 feet, along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence 72.40 f~ on a curve to the right having a radius of 37.50 feet, a central angle of 110°37' 10", a chord beating of N31 °49'47"E, and a chard length of 61.67 feet, aIortg the northeasterly boundary of Touohmark Living Center Subdivision No. 1; Thence N87°08'23"E, 76.58 feet; Thence 107.OS feet on a curve to the left having a radius of 194.98 feet, a central e of 31 °27'20", a chord bearing of N71 °24'42"E, and a chord length of 105,71 Thcece N55°41'02"E, 135.34 feet; Page 3 af4 ®~~ D@ S 1 6 N• 1 N C. Meadow Lake Phase 3 continued... Thence 93.55 feet on a curve to the right having a radius of 454.96 feet, a central angle of 11 °46'52", a chow bearing of N61 °34'29"E, and a chord length of 93.38 feet; ' Thence N67°27'SS"E, 188.04 feet; Thence 265.07 feet on a curve to the right having a radius of 654.94 feet, a central angle of 23° 11'21 ", a chord bearing of N79°03'35"B, and a chord length of 263.27 feet; Thence S89°20'45"E, 230.53 feet to the POINT OF HEC3INNING. The above-described parcel contains 19.80 acres, more or less. Subject to any existing easements orrights-of--way of record or apparent. r ~' REV1 ~ AP ROYAL pY jAN 012008 M WOR S OEpT~C ~• Page 4 of 4 ®~® oeaisN iNC. 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Proposed Boandary Description for Meadowlake Village Phase 3 Job No. 6066223 LAND PLANNING f?:~.J ~~~'` CIVIL ENOINfifi RING ~~~,. ~~: LANDSCAPH A RGNITfi DTURfi 1~~. ~ (1~.~~ LANG SYRVfiY _ ; , ~:~:~ i WATfin PH 208/246.8300 fX 208/246.6320 www.wrpdesipn.com A parcel of land situate in the north half of Section 16, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of the northwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho; Thence 589°19'53"E, 2706.26 feet along the north line of the northwest quarter; Thence 500°04'07"E, 384.98 feet along the east line of the northwest quarter to the AOINT OF BEGINNING: Thence 589°20'45"E, 576.93 feet; , , Thence 28.85 feet on a curve to the right having a radius of 28.00 feet, a central angle of 59°01'54", a chord bearing of SS9°49'47"E, and a chord length of 27.59 feet; Thence 154.53 feet on a curve to the left having a radius of 74.99 feet, a central angle of 118°03'49", a chord bearing of 589°20'45"E, and a chord length of 128.61 feet; Thence 28.85 feet on a curve to the right having a radius of 28.00 feet, a central angle of S9°01'54", a chord bearing of N61 °08' 18"E, and a chord length of 27.59 feet; "Thence 589°20'45"E, 43.09 feet; Thence 47.70 feet on a curve to the right having a radius of 274.98 feet, a central angle of 9°56'23", a chord bearing of 584°22'33"E, and a chord length of 47.64 feet; Thence 579°17'01 "E, S 1 S.39 feet to the west line of the northwest quarter of the northeast quarter; Thence 500°Ol'48"W, 79.OS feet along the west line of the northwest quarter of the northeast quarter to the northerly boundary of Edgeview Estates No. 1 Subdivision; Thence N82°08'44"W, 7.63 feet along the northerly boundary of Edgeview Estates No. 1 Subdivision; Thence N79°24'21"W, 449.48 feet along the northerly boundary of Bdgeview Estates No. 1 Subdivision; Thence S80°S1'42"W, 116.19 feet along the northerly boundary of Edgeview Estates No. 1 Subdivision; Page ;1 of a t 173 Easl 1Nilidlnp•Cleek Orive Eapte,ID 83616 4 Meadow Lake Phase 3 continued... Thence S25°44'3 l "W, 195.09 feet along the westerly boundary of Edgeview Estates No. 1 Subdivision; Thence S22°30'43"E, 150.00 feet along the westerly boundary of Edgeview Estates No, l Subdivision; Thence N89°51'06"W, 36.83 feet; Thence S00°08'54"W, 115.86 feet; Thence N32°37' 18"W, 171.? 1 feet; Thence N16°47'25"W, 71.82 feet; Thence S66°08'35"W, 370.59 feet; Thence S47°06'50"W, 23.22 feet; Thence S82°52'42"W, 60.24 feet; Thence N78°51'Ob"W, 208.53 feet; r Thence S52°05'28"W, 174.8? feet; Thence S50°51'06"E, 146.98 feet; Thence 109.05 feet on anon-tangent curve to the left, concave southerly, having a radius of 242.84 feet, a central angle of 25°43'50", a chord bearing of S5O°19'36"W, and a chord length of 108.14 feet; Thence S37°27'41"W, 54.64 feet; Thence S88°02'20"W, 25.70 feet; Thence N52°31' S9"W, 184.32 feet to the southeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence N37°28'01 "E, 5.76 feet along the southeasterly boundary of Touchmark Living Center Subdivision No. 1; Page 2 of 4 ©® D E S I G N ! N C. Meadow Lake Phase 3 continued... Thence G 1.G9 feel on anon-tangent curve to the right, concave easterly, leaving a radius of57.50 feet, a central angle of Gl°28'32", a chord bearing of N16°18'24"W, and a chord length of 58.78 feet, along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence N52°31'59"W, 50.96 feet along the northeasterly boundary of Touchmark Living Center Subdivision No. l; Thence 82.29 feet on anon-tangent curve to the right, concave northerly, having a radius of 68.00 feet, a central angle of 69°19'58", a chord bearing of N87° l 1'58"W, and a chord length of 77.36 feet, along the northeasterly boundary of Touchmark Living Center Subdivision No. l; Thence NS2°31'59"W, 28.37 feet along the northeasterly boundary of Touchinark Living Center Subdivision No. 1; Thence 214.29 feet on a curve to the left having a radius of 329.00 feet, a central angle of 37° 19'07", a chord bearing of N71 ° 11'33"W, and a chord length of 210.52 feet along the northeasterly boundary of Touchrnark Living Center Subdivision No. 1; Thence N89°51'06"W, 141. ] 9 feet along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence 313.93 feet on a curve to the right having a radius of 271.00 feet, a central angle of 66°22' 19", a chord bearing of N56°39'57"W, and a chord length of 296.67 feet, along the northeasterly boundary of Touchmark Living Center Subdivision No. l; • . Thence 72.40 feet on a curve to the right having a radius of 37.50 feet, a central angle of 110°37' 10", a chord bearing of N31 °49'47"E, and a chord length of 61.67 feet, along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence N87°08'23"E, 76.58 feet; Thence 107.05 feat on a curve to the left having a radius of 194.98 feet, a central angle of 31 °27'20", a chord bearing of N71 °24'42"E, and a chord length of 105.71 feet; Thence N55°41'02"E, 135.34 feet; Page 3 of4 ®~~ D E S I G M I N C. 1vleadow Lake Phase 3 continued... Thence 93.55 feet on a curve to the right having a radius of 454.96 feet, a central angle of 11 °46'S2", a chord bearing of N6l °34'29"E, and a chord length of 93.38 feet; . Thence N67°27'SS"E, 188.04 feet; Thence 265.07 feet on a curve to the right having a radius of 654.94 feet, a central angle of 23° 11'21 ", a chord bearing of N79°03'3S"E, and a chord length of 263.27 feet; Thence S89°20'45"E, 230.53 feet to the POINT OF BEGINNING The above-described parcel contains 19.80 acres, more or less. Subject to any existing easements or rights-of--way of record or apparent. REVj,+ AP ROVAL BY 1AN O 12008 . M WORKS DEPT.'C Page 4 of 4 ©~ ~' D E S I G N I N C. M.96.t0.00S - _ .40'9L ap 1 ^ ~ ~ " Y1 ~ ~ N i V V, X~ ~~! ~~ ~ k~bw~~~~z~~~~ wS~z~ "~+ z~zz~r:~k' F, ~ uN z ~ zzzz U 11'',,! ~ ~ _... .06 ;~jt OD A G ~ ~ 7G M $ ~S, ~ ? /V i~ /y~ /U~~ /~~W~' ri !rv ~ ~ N " N O ~ m m rv 1~.1 ~ ~ ~ ~ ~ O W V/ VJ d Z7 ~ G ~ ~6p ~ W ~ g ~ ~ ~j Y~ O~ W ~l ~ !V > U ~ N r N ~ N ~ ~ ! ' N N T N N E t~ N~ .- O `~~ I~ ~ ~N ~~~~ii^1'~~P~~~Y~n F, .,~~ep•~S `'~~ ,.~.M.6S.80.005 r ~ vi a' n m m r~i ~ ~ r'-i ~ rv O ~ i - ~._ t O N 1.1 ~/ ~~~t~¢~ ~ia uc°~'ucaDiiic°~ucic5cia ./~ \~ j ~ ~~ ~ ',i ~ ~ .. ' / 1 ~ i ~ ~.~ ~~' ~°~' ~ t ; .~ ~~~•~ o. j \~~x~a Q ~% ~ N ~W ~ ', ap to Q W 3 I ~ ~ ~ W} ~ ~ ~~~t ~ ~m U ~`~ i ~, ~ Z ~l. ~ ® o .~' /~ a. ~~ ~ ~~~./ 0 ~~