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Kleiner Park MDA 10-003ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 14 801SE IDAHO 03111110 12:03 PM DEPUTY Ylckf Allen RECORDED-REQUEST OF ~~I II~II~I~~I~~~'ll~~'I~~~~~~~~~'~ ~I~ Meridian Ciry i 10021914 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Eugene M. Kleiner, Michael E. Huter and Elden E. Gray , as the Co- Trustees ofthe Julius M. HIeiner Memorial Park Trust, U/T/A, Dated April 5, 2007, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this~'~" ` day of , 2010, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City", and Eugene M. HIeiner, Michael E. Huter, and Elden E. Gray, as the Co-Trustees of the Julius M. HIeiner Memorial Park Trust whose address is 217 W. Georgia Avenue, Suite 100 Nampa, Idaho 83868, hereinafter called OWNER/DEVELOPER. RECITALS WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of that certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 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 Property; and WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and WHEREAS, Meridian CenterCal, L.L.C. ("Meridian CenterCal") with the consent and approval of the Owner/Developerand Walter H. Kleiner and Elizabeth HIeiner ("Walter Kleiner") has submitted an application for annexation and zoning of the Property described in Exhibit A, and other contiguous property, and has requested for all of said real property a designation of C-C, Community Business District; R-8, Medium Density Residential District; and R-2, Low Density Residential District (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER - JULIUS M. KLEINER MEMORIAL PARK PAGE 1 OF 11 WHEREAS at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, Meridian CenterCal represented that it was the Owner/Developer's intent to develop an approximate 60-acre pazk on the subject Property in conjunction with Meridian CenterCal's development of its property which is to be known as the Meridian Town Center. At that time and at this time, the plans for the park aze being developed by the Owner/Developer; and WHEREAS, in connection with its development of the Property, the Owner/Developerdesires to make a charitable gift to the City of the developed property as a public memorial pazk to be held and maintained in perpetuity by the City; and WHEREAS, upon development of the Property as a pazk and the transfer to and acceptance of title of the Property by the City, the Owner/Developer will have no further duties or obligations of any nature whatsoever pertaining to the Property; and WHEREAS, it is the Owner/Developer's intent to seek input from the City of Meridian's Pazks & Recreation Department on the design and dedication of the park; and WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property and the Meridian CenterCal property and the Walter Kleiner 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 WHEREAS, the City requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation of the subject Property; and WHEREAS, Owner/Developer deem 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 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 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 Unified Development Code, Title 11. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER - JiJLIUS M. KLEINER MEMORIAL PARK PAGE 2 OF 11 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS. That the above recitals aze contractual and binding and are incorporated herein as if set forth in full. 2. DEFINITIONS. 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: (a) 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 Broadway Avenue, Meridian, Idaho 83642. (b) Owner/Developerrneans and refers to Eugene M. Kleiner, Michael E. Huter, and Elden E. Gray, asthe Co-Trustees of the Julius M. Kleiner Memorial Park Trust, whose address is 217 W. Georgia Avenue, Suite 100, Nampa, Idaho 83686, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. (c) 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 land to be re-zoned C-G General Commercial District, attached hereto and by this reference incorporated herein as if set forth at length. 3. USES PERNIITTED BY THIS AGREEMENT. The uses allowed pursuant to this Agreement aze only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which aze herein specified as follows: Construction of 60 acre park. The pertinent provisions of the City of Meridian Comprehensive Plan aze applicable to this AZ 07-012 application. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. Owner/Developer shall develop the Property in accordance with the following special conditions: (a) Agricultural use, including production of crops, shall continue to be allowed after annexation as an urban farm use, which is a principal permitted use underUDC 11-4-3- 28 and 11-2B-2. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER - JULIUS M. KLEINER MEMORIAL PARK PAGE 3 OF 11 (b) Development of this azea shall be for a City Pazk. The Owner/Developer shall coordinate the design and improvements of this site with the Pazks Department and the Pazks Commission. The subject pazk site shall contain approximately 60 acres. The pazk site shall be subject to review and approval by the City Council on a noticed agenda and notices shall be sent to all property owners within 300 feet of the property boundazies. (This condition was satisfied with the hearing before City Council on March 2, 2010). (c) The public stub street (Tweedbrook Avenue) in Redfeather Estates Subdivision at the north property boundazy shall connect to a pazk trail or pathway for pedestrians only. No vehiculaz access or turnazound will be constructed. At no time shall construction traffic associated with the development of this site be allowed to access this site through Tweedbrook Avenue in Redfeather Estates Subdivision. (d) A section of unopened right-of--way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Hammerheads or cul-de-sacs shall be constructed on the west end of both streets for turnazounds. (e) The Owner/Developer shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit, prior to all new construction, or establishing the park site on the subject Property. (f) Construct a 20-foot wide landscape buffer along Records Road in accordance with the standazds in UDC 11-3B-7. (g) The Owner/Developer shall comply with all landscaping standazds described in UDC 11-3B, including but not limited to UDC 11-3B-8 which outlines the standazds for parking lot landscaping. Existing trees on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Parks and Recreation Depaztment regazding the removal or replacement of any trees on this site. (h) A park is proposed adjacent to existing residences to the east and north of the site to serve as a transition to more intense commercial uses; this use shall not change along the boundaries adjacent to residential uses. (i) There shall be a 26-foot height limit for any structure within 100 feet of the property line of an existing residence at time of annexation. (j) The following provisions will guide staff in administering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Owner/Developer shall be required to get City Council approval of a Development Agreement Modification for a new concept plan (attached). 1. In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage for any building, or collection of DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER - JULNS M. KLEINER MEMORIAL PARK PAGE 4 OF 11 buildings, as depicted on the concept plan. 2. Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings maybe relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) 3. Changes in uses as depicted on the concept plan will not be allowed on structures immediately adj acent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere may be allowed if the general impact is the same or less than that proposed. The Duector will seek advice from ACRD regarding traffic impacts associated with any proposed change in use. (k) The irrigation ditch(es), including the Stokesberry Lateral and the Finch LateraUSouth Slough along the north side of the property shall be tiled from the east end of the property to the west. 5. COMPLIANCE PERIOD/CONSENT TO REZONE. Subject to Section 11 (b), this Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon adefault ofthe Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 4 entitled "Conditions Governing Development of Subject Property" of this agreement within four 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. 6. 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: 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. 7. 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 DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER - JULIUS M. KLEINER MEMORIAL PARK PAGE 5 OF 11 accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Development. 8. DEFAULT. In the event Owner/Developer, or Owner's/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 may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 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. 9. REQUIREMENT FOR RECORDATION. City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. ff 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. 10. ZONING. City shall, following recordation of this duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. 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 may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. (a) 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 may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. (b) 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 DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER - JiJLIU5 M. KLEINER MEMORIAL PARK PAGE 6 OF 11 control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. 12. CERTIFICATE OF OCCUPANCY: It is contemplated by and between the Owner/Developer and the City that the Property and the improvements which will be constructed thereon will be developed in phases. It is agreed that any required Certificate of Occupancy will be issued at such time as the particulaz improvement in each phase is installed, completed and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the Owner/Developer orits assigns or successors shall not meet the conditions contained in this, this Development Agreement and the Ordinances of the City of Meridian. 14. 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: c% City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney's Office City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: Eugene M. Kleiner, Michael E. Huter and Elden E. Gray, as the Co-Trustees of the Julius M. Kleiner Memorial Pazk Trust 217 W. Georgia Avenue, Suite 100 Nampa, Idaho 83686 Eugene M. Kleiner 1900 Clise Place W. Seattle, WA 98199 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. 16. 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 attorneys' fees as determined by a Court of competent jurisdiction, including reasonable attorneys' fees on DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER - JULIUS M. KLEINER MEMORIAL PARK PAGE 7 OF 11 appeal. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIlVIE 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 timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. 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 oftheProperty, 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 ofOwner/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. 19. INVALID 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. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerand 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/Developerand City, other than as aze 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. No condition governing the uses and/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 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. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER - JULIUS M. KLEINER MEMORIAL PARK PAGE 8 OF 11 21. 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 JULIUS M. KLEINER MEMORIAL PARK TRUST, U/T/A, Dated Apri15, 2007 a By: ~ . Kleiner, Co rustee ~r By: Mic ael E. Huter, Co-Trustee By: Elden E. Gray, Co-Trustee CITY OF MERIDIAN By: Mayor T de Weerd ATTEST: ~r ~~r~i, ,2~~~: '~L o`~ Jaycee L. olman, City Clerk - c ~°~ s ~; ~® SST 1St ' ~ e<~~ DEVELOPMENT AGREEMENT (AZ 07-O1'~'YA~'~~~~bVN CENTER - JULIUS M. KLEINER MEMORIAL PARK PAGE 9 OF 11 STATE OF WASHINGTON, ) ss County of King ) On this ~ day of ~~ ~ ~,~ , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeazed Eugene M. Kleiner, known or identified to me to be a Co-Trustee for the Julius M. Kleiner Memorial Park Trust U/T/A, Dated Apri15, 2007 and the person who signed the above and acknowledged to me that he executed the same on behalf of said Trust IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. ° '•. (SEAL) A®°,ooe'~~G ~.~pM ~~~~y :' ~®IIq L1 I~••• °7P ~N ';~ UBLIG ;~ • 9 •.qY 1 : O~ • ~ 24, 20 ;••,~ ~ poi F~• ...~.• Ca O STATE OF ID •A~t~ojm~~ ~', ss County of Canyon, ) No Pu lic fordo ~~ 11\\ Resi in t: 1~1 ~/~ ~tt~~ . ~.~tc.~'C~~- W~ My Commission Expires: Z~lZ.O 1\ On this ~j ~ h day of ~ , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeazed Michael E. Huter, known or identified to me to be a Co-Trustee for the Julius M. Kleiner Memorial Pazk Trust U/T/A, Dated April S, 2007 and the person who signed the above and acknowledged to me that he executed the same on behalf of said Trust IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. - ,_ ~- - ,, - ' ~n Y a f ~~ ~ ~ ~ a~~ - Notary Public r Idaho m ~ - ~.~'','^- cR~ ~=; ~, 9 Residing at: ~t~, ~a~uaa~ tiey~'~",,` ~`° ~; ~,;., My Commission Expires: ~~ 3--~(q o,"'"'~nrutrn...,,,,~~.,,~~ ~. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWNCENTER - 7ULIUS M. KLEINER MEMORIAL PARK PAGE 10 OF 11 STATE OF IDAHO, ) County of Ada, ss On this ~' ~ day of , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Elden E. Gray, known or identified to me to be a Co-Trustee for the Julius M. Kleiner Memorial Park Trust U/T/A, Dated April 5, 2007 and the person who signed the above and acknowledged to me that he executed the same on behalf of said Trust IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~. ; A (SEAL) ~ (~ ~ ~ ~~ J, j .,,. _ . . STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: ~~ So. ~ fl My Commission Expires: ~'~ 3' ~~{ On this ~ day of , 2010, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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. •......~ .•° A JAN ••. • 1G .--- -.~~,i • (SEAL~~S, ~'4AR~ ~ •~ tary Public r Idaho W; $ ~ Residing at: Viuna ,. lda ha ;~; Commission expires: ~4r~ ~I ~ ,Jc~l ', ~ p. G; ¢. .PIJ~'- ~~~`~A7'E-OF ~~ DEVELOPMENT~d~°REEMENT (AZ 07-012) MERIDIAN TOWN CENTER - JULIUS M. KLEINER MEMORIAL PARK PAGE 11 OF 11 .' . , r ' - • . ~ ;~ ~; r . EXHIBIT A . • ~ ~ f • •D 6 i t O N t N C. ! .. $oendary ~ . of Nasv Par~re! 2 . " ~' for Merfdfaa Certtarcai; Y.I.C • .Job ~To. 6077070.00 ` • Apaccnl of Iaad sitttated3a the ~ quarts andthe west hatEofthe southarestquarter . • ; ' • of the sootlteest quarter of `Section 4, Tov~ip 3 North, Range 1 Bast, Boise 1v~erldian; Ada ~~y, ~, daa+"rs'bed as fellows: • C d ~ f ' A 0 o~aem a~aig t re sou~~veat gainer of Section 4, Township 3,Norty, ng abbtjja22 b~~ratts~~s li e 1 Bast ~ l " "°""""° m , DVLLI~ 191a ~ lhettce S89°46'17'B, L6.5951 fieZtt along the south li>sa of tine souhwest quarter to a 5/8 inch • ' . ' rebar mmddngihc soli q~-section comma of 3edton 4; '. ' Theses S84°46'39~3, 664;61 feet alongZhe soutb line offtsa"sow q . ' . Thence N00%3'2t"Pi 5'7.74 f~ to a 518 iAdt rein marbag tI~ southwest o6mer of Ventura ' • ~w~. Srsbdivisian, Book 27 of I'lats•et Pages 1704 Bc 1705, reeoxds of Ada Co~mty, on the aasth . c"w"ss~,r° • ~ right-oP-way lin6 o$EesE Fauv3aw Av~tte; • ' T'henca N00°04'25'~, T41.9'lt Feet along the west line of Veninro btibdivision to the POINT ' QF BBGIIVNITTi}: •' . .. • c ° ' " r • . • Tlum a NS9 59 29 R ,1365:18 feet; • uwnrc~fs ' ~ ~ • As`""""'~ . 'Thence l I8Zt feel on a non tang~ttmive to the t eft, Concave westmdy, having a radius of $11.67 feet, a central tingie oP 13°14' 13", a Chord taearnag ofN38°D3' l2"W, ' ' and asshard hmgth oY 117.95 ~ . • 1 ux° su~evo lheaceN44°40'T g"W, 64989 fc~ ~ ~ - i• - The~ 39.07 float on a amwe to the dghthavhtg a sadisa; of48833 feet, a sx~at ` _ ~e of 46°42'ZO", a chord bearing ofI~}21°19'08,'W, and a chard Iengtt- of 387.14 t • •. w.. Thaa~xlT02°02~02'~,7?.0.47'feefi ~ t • ~ Tlteuce ib,85 t~ on serous to rise left having a radius of 511.67 lbt~ a c4ntral eagle ~ •' of 1°53' 12s, a chord l~•iag ofN01°OS'26"E, and a chord leuglat of 1b.85 feat; . e ~ TTience N00°OS'S0"E, I 82.63 Ebel to tl~e ssorth 2iae of the half of the southwest i ~ ap lOQ 4- ~~ S ~ ~' • ' rrt3~ar~b~a: TheQUx N89°S.I'Ol"ly, 2p33.feet hlortg rho aoith line of the westhaif of the ~ • ~ sou0swest toa5/8inchieberr tht;southwestcosneraPRedfeather• ' • • e eets ' Estalev Sul~ivision.No.'7, Book 96 of Pages 11865 ~ t t86~ records of Ada • ' County, eod 11se aart>-t s of the east half ofthe southwest quarter; • ~~~ . tTTe•~tfrWtOflt ' ' _ eirae~pdastpa.aan ~ Paget aft . • • 1 ~~~_ C7 ;~ `e i i . , • ~ ••. •.• • 1 ,, ~ •• • .. NcpvParcxl2 ooatimxgd... ' . ... . .. Thence N89'S0'47"F,1..330.G8 feet aion5 ~ south rme of Redfeathcr Fatah ' # . Subdivision No. 7, tl6e soulft line of RPdfeathex lisp SubdivL4lnu No. Cy Book 9b j of Plats atPages 11,816 8t l I SIQ, records ofAda Ca-mdy„®d the nc~ic ]ham of the • east half oftheso'~urest quffite~ta s 5B inc[~ rebarmarldng the cents goertas • saction comer; ~ , ' Tirraae S00°1Q'49"~V,1314.7t3 feet along the east ~ of the so~hwast to a . 12 i~ rebar tjse southwest comma of (:;lovet•1Vleadaws Subdivision PTo. 3, •. Book 24 afPlals at Pages 1524 & ISZS, records•of Ada County; ' , ~ • Theme N89°58t34"E, fib2.S? feet along tlu south lice ofCtaver Meadova3 . . ~ SubdivisiariNo.3 iD a IlZ iaCh rebar a~Og the aarthbvast corn~of Venture . •' Subdivision; Book 27 ofPiats at Pagan 1704 & 1705;, '. • • Tlieuge StSO°04'25",.9V, 524.56 feet along hie west line of Ve, Subdivision to the I ' ~ PO1NT OP BEGIl~i(i.' ' ~ • • The above-desaz•,•bed gel caa;ams 60.00 acres, m~e or less. . ' . • ~ .: Subject m say exisdng' or rights-of-way of record or apparent.• • j '. ~ •, • .. '~ ' '~ ' ..i.. ', P 2of2 ~~~ ~ ,n~ea~a a ta.c. ?G L . if . ~ 1 t :7 ;, ~~';; :.>;,;. c Iwr~c aoxs• . asa reefed caws xma maa~rm . Legend - ~• • cal - opt.-sao~ com, o -~, maw . f . Q Qbeaf iNadeee Nai SuGBifs[ao . ~ ~ . i [ aaf~e~ a ' soon a~ t ~ c ~I ., , S~ ~ ve$d a ~ ~ ~ ~, J M 1 ~~o ~ ~I { s ' .1--~ ~a~'s' s7.~a 8 9 ~ ' '°a Po~'•t•: •~" ~s=ayt3 ~irsi• -----~ ~rse~TC"eeis~'' New Parcel 2 6ch~tf ~a~No. ~ eo~no~uoo P B• f O N I N O. ~~ ~~~+Y ~ f~ar:~oo~lta~, ~o ~ man Tawrt.Cet~ter syf P.cocper ~: Rof. iAer(a[ttif Ce~res~, LC+C Scales P - 9'.~ •~•~• cxya~ra~l,c~lne BEfaetKc. 7ai'i 1 1 i i .~ i t i -, ~~~