322 Development Agreement Stratford Park
RESOLUTION NO 322-
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND HOWELL MURDOCH
DEVELOPMENT CORPORATION, AN IDAHO CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with Howell Murdoch Development Corporation, an Idaho
corporation, denoted as "DEVELOPMENT AGREEMENT", a copy of which is
attached hereto mar]<ed as Exhibit "A" to this Resolution, the reasons and
authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Cler]< are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with Howell Murdoch
Development Corporation, an Idaho corporation, entitled "DEVELOPMENT
AGREEMENT", by and between the City of Meridian and Howell Murdoch
Development Corporation, an Idaho corporation, a copy of which is attached
hereto mar]<ed as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
AZ-OO-005
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PASSED BY THE COUNeIL OF THE eITY OF MERIDIAN, IDAHO, this 23r.55=
day of /J1tij ,2000. -
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
231'!f- day of ~-' , 2000.
ArrEST:
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MSG/Z:\W ork\M\Meridian 15360M\Stratford Business Park AZ\RESOLUTION
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CITY CLERI(
AZ-OO-005
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ADA COUNTY RECOROER~;k " :" ~ .- .~ y
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DEVELOPMENT AGREEMENT
05-03-00
PARTIES: 1.
2.
City of Meridian
Howell Murdoch Development Corporation, an Idaho
corporation
THIS DEVELO~ENT AGREEMENT (this "Agreement"), is made and
entered into this /?-dayof ~ ' 2000, by and between eITI OF
MERIDIAN, a municipal corporatio of the State of Idaho, hereafter called
"ClTI", and HOWELL MURDOCH DEVELOPMENT CORPORATION, an
Idaho corporation, "DEVELOPER"j"OWNER" whose address is 1087 W. River
St., Boise, Idaho 83702.
1. RECITALS:
1.1 WHEREAS, "DEVELOPER"j"OWNER" Howell Murdoch
Development Corporation, an Idaho corporation, 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, which is attached hereto and
by this reference incorporated herein as if set forth in full; and
1.2 WHEREAS, I. C. S6 7 -6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Developer"j"Owner" make a written commitment concerning the
use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Meridian City Code S~ 11-7-12 and 11-16-4 A, which
authQrizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, "Developer"j"Ovvner" has submitted an application for
annexation and zoning of the "Property" described in Exhibit A, and
has requested a designation of Medium Density Residential District
(R-8), (Meridian City Code) Case No. AZ-OO-005; and
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 1
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1.8
1.9
1.10
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WHEREAS, "Developer"/"Owner" has made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and 'Yvhat improvements will be
made; and
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 eouncil, the JitA day of IHif ' 2000, has
approved certain annexation and zoning findin of fact and
eonclusions of Law and Decision and Order, Case No. AZ-OO-005,
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
WHEREAS, both the "Findings" require the "Developer"/"Owner"
to enter into a development agreement before the City Council tal(es
final action on annexation and zoning and zoning designation; and
"DEVELOPER"j"OWNER" 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
WH~REAS, "City" requires the "Developer"j"Owner" to enter into a
development agreement for the purpose of ensuring that "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 annexation and zoning and re-
zoning designation from government subdivisions providing services
within the plannfng jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in accordance
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 2
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with the Comprehensive Plan of the City of Meridian adopted
December 21,1993, Ordinance #629, January 4,1994, and the
Zoning and Development Ordinance codified in Title II, Municipal
Code of the City of Meridian.
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.
3. 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:
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 "DEVELOPER"j"OWNER": means and refers to Howell Murdoch
Development Corporation, an Idaho corporation, and its successors,
assigns and affiliates, whose address is 1 087 W. River St., Boise,
Idaho 83702, the party developing "Property" and shall include any
subsequent owner(s)jdeveloper(s) of the "Property".
3.3 "PROPERTY": means and refers to Property, owned by Howell
Murqoch Development Corporation, an ldaho corporation, 1087 W.
River St., Boise, Idaho 83702, which is that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 3
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4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses and development allowed pursuant to this Agreement of
the subject property shall be subject to and pursuant to those uses
allowed under "City"'s Zoning Ordinance codified at Meridian City
Code S 11-7 - 2 D which are herein specified as follows:
(R-8) Medium Density Residential District: The purpose of the
R-8 District is to permit the establishment of single- and two-family
dwellings at a density not exceeding eight (8) dwelling units per acre.
This District delineates those areas where such development has or is
likely to occur in accord with the Comprehensive Plan of the City
and is also designed to permit the conversion of large homes into
two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
For the construction and development of a police station and other uses as
pennitted in the R-8 zone and compatible with the City's Comprehensive
Plan and Zoning Ordinances.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.A "Developer/Owner" shall develop the "Property" in accordance with
the following special conditions:
5.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigation/drainage district, or lateral
users association, with written confirmation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project.
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 4
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5.2 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
5.3 Off-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed in
site-specific requirements.
5.4 Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development Ordinance
and in accordance with Americans with Disabilities Act (ADA)
requirements.
5.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for
all off-street parldng areas. All site drainage shall be contained and
disposed of on-site.
5.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
5. 7 All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance. No temporary
signage, flags, banners or flashing signs shall be permitted.
5.8 Provide five-foot-wide sidewalks in accordance with City Ordinance.
5.9 All cQnstruction shall conform to the requirements of the Americans
with Disabilities Act.
5.10 The legal description submitted for the property is correct and places
the parcels contiguous to existing city limits.
5.11 The proposed R-8 zone is in compliance with the current
Comprehensive Plan for single family residential.
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 5
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5.12 The proposed name of Stratford Business ParI, should not be
approved as part of this application because business parks are
prohibited in R-8. Instead it should be nalned Stratford Park. The
park cannot be proposed until the comprehensive plan for the
property changes.
5.13 The current draft of the future land use map does show the area as
commercial.
5.14 All non-residential uses of the property shall be required to follow
the Conditional Use process. Commercial uses shown in the Zoning
Schedule of Use Control as 'prohibited' will remain prohibited. The
requirement for all non-commercial uses to follow the CUP process
may be changed at a future date by a revised development agreement
if the property is rezoned.
5.15 A minimum 20-foot landscape buffer beyond all right of way shall be
required as a condition of annexation.
5.16 The Applicant shall be required to follow through with the platting
requirements as per Meridian City Code.
5.17 Dedicate 48-feet of right-of-way from the centerline of Locust Grove
Road abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of
a building permit (Or other required permits), whichever occurs first.
5.18 Construct a 5-foot wide concrete sidewalk on Locust Grove Road
abutting the parcel, located 2-feet within the new right-of-way.
Coorp.inate the location, elevation and grade of the sidewalk with
District staff.
5.19 Extend Watertower Lane into the site as a 40-foot street section with
curb, gutter and 5-foot wide concrete sidewallc within 58-feet of
right -of-way.
5.20 Extend Adkins Drive into the site as a 40-foot street section with
curbs, gutters, and sidewalks within 58-feet of right-of-way.
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 6
5.21 Locate any proposed public street or driveway to align or offset 220
feet from any approved/proposed public street.
5.22 In accordance vvith District policy, stub streets to the undeveloped
parcels abutting this site may be required upon review of a future
application for this site.
5.23 As required by District policy, restrictions on the vvidth, number and
locations of driveways, shall be placed on future development of this
parcel.
6. 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 "Developer/Ovvner" or
"Developer/Ovvner"'s heirs, successors, assigns, to comply vvith Sections 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
vvithin two (2) years of the date this Agreement is effective, and after the "City"
has complied vvith the notice and hearing procedures as outlined in I.C. ~ 67-
6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer/Ovvner" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" to which the default applies
subject to and conditioned upon the follovving conditions precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Developer/Ovvner" and if the "Developer/Owner"
fails to cure such failure within six (6) months of such notice.
8. INSPECTION: "Developer/Ovvner" 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 vvith the terms and conditions of
this Development Agreement and all other ordinances of the "City" that apply to
said Development.
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 7
9. DEFAULT:
9.1. ln the event "Developer/Owner", "Developer/Owner'" s heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply vvith all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may
be modified or terminated with respect to the "Property" which is in
default by the "City" upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by "City" of any default by "Developer/Owner" of anyone
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.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits,
at "Developer/Owner"'s cost, and submit proof of such recording to
"Developer/Owner", prior to the third reading of the Meridian Zoning Ordinance
in connection with the annexation and 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.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer/Owner", 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.
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 8
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12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Developer/Owner" 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.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer/Owner" 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.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified checl< or negotiable
bonds, as allowed under Meridian City Code S 12-5-3, to insure that installation
of the improvements required in section 6 of this agreement, which the
uDeveloper/Owner" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that
no Certificates of Occupancy will be issued until all improvements required in
section 6 of this agreement are completed, unless the "City" and
"Developer/Owne~" have entered into an addendum agreement stating when the
improvements required in section 6 of this agreement will be completed in a
phased development; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements required in section 6 of this
agreement have not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner" agrees
to abide by all ordinances of the City of Meridian and "Property" as the case may
be .shal~ be s:ubject to de-annexation if the owner or his assigns, heirs, or successors
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 9
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.
16. 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:
DEVELOPER:
do City Engineer
City of Meridian
33 E. ldaho Ave.
Meridian, lD 83642
Howell Murdoch Development Corporation, an
Idaho corporation
1087 W. River St.
Boise, Idaho 83702
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 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.
17. ATIORNEY FEES: Should any litigation be commenced between the
parties hereto con<;:erning 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 separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
18. 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 timely perform any of the obligations
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 10
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hereunder shall constitute a breach of and a default under this Agreement by the
other party so failing to perform.
19. 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 ovvner of the
"Property", each subsequent ovvner 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 ovvner or ovvners shall be both
benefitted and bound by the conditions and restrictions herein expressed. "City'"
agrees, upon 'Written request of "Developer/Ovvner", to execute appropriate and
recordable evidence of termination of this Agreement if "City", in its sole and
reasonable discretion, had determined that "Developer/Ovvner" has fully
performed its obligations under this Agreement.
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
'(Developer/Ovvner" and HCity" relative to the subject matter hereof, and there are
no promises, agreements, conditions or understanding, either oral or written,
express or implied, between "Developer/Ovvner" and "City", other than as are
stated herein. Except as herein othervvise provided, no subsequent alteration,
amendment, change, addendum or addition to this Agreement shall be binding
upon the parties h~reto 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".
21.1 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 Council after
the ""City" has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 11
amendment in force at the time of the proposed amendment except
that minor modification(s) of required improvements provided for in
section 7 may be approved by City Public Worl(s and Planning and
Zoning Staff, if such changes are required or preferred by Ada
County Highway District Staff.
22. 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.
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 12
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ACI<NOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and Made it effective as hereinabove provided.
DEVELOPER/OWNER
BY:~</- A ~~
owell Murdoch Development
Corporation, an ldaho corporation,
Developer
ATTEST:
BY RESOLUTION NO.
CITY OF MERlDIAN
Attest:
~
ITY CLERi(
BY RESOLUTION NO.
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 13
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STATE OF IDAHO
COUNTI OF ADA
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On this / c?d day of ~ ' in the year 2000, before
me, a Notary Public, in and for said ou& and State, personally appeared
;l:ew;'/ A ~a/~LL ,..a-rttt~.J: :-t:)/- , of Howell
Murdoch Development Corporation, an Idaho corporation, known or identified to
me to be the persons who executed the instrument and acknowledged to me that they
did execute the foregoing instrument on behalf of said corporation.
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STATE OF IDAHO )
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County of Ada
On this
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1-~r1 day of
, in the year 2000, before me,
!Y\a /'r
a Notary Public, personally appeared Robert D. eorrie and William G. Berg, know
or identified to me to be the Mayor and CIerI" 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.
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eommission expires: q - )h,... 00
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 14
EXHIBIT A
AZ-OO-005 LEGAL
A parcel of ~and being the North half of the Southeast 1/4 of the Northeast
1/4 of Section 18, T. 3N., R. IE., B.M., Ada County, Idaho, and more
particularly described as follows:
Commencing at a brass cap marlcing the Northeast corner of Section 18, T.
3N., R. IE., B.M., Ada County, Idaho; thence South 00031'15" West along
the Easterly boundary of said Section 18, 1 ,329.55 feet to an iron pin
rnarldng the North 1/16 corner of said Section 18, said point being the
REAL POINT OF BEGINNING;
thence continuing along said Easterly boundary South 00031'15" West,
664.63 feet to a point;
thence leaving said Easterly boundary South 89036'07" West, 1,326.23 feet
to a point on the Westerly boundary of the North half of the Southeast 1/4 .
of the Northeast 1/4 of said Section 18;
thence North 00029'39" East along said Westerly boundary, 660.00 feet to
an iron pin marking the NE 1/16 corner of said Section 18;
thence leaving said Westerly boundary North 89039'40" East, 1,326.53 feet
to the REAL POINT OF BEGINNING.
Said parcel contains 20.26 acres, more or less.
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 15
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EXHIBIT B
AZ-OO-005
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - (AZ-OO-005) - 16
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BEFORE "THE IvlERlDIAl"I CITY COUNCIL
IN THE NlATTER OF THE
APPLICATION OF HO"YVELL
?vlURDOCH DEVELOPIvlENT
CORPORATION, THE
APPLICATION FOR
ANNEXf\TION AND ZONING
OF 20.26 ACRES FOR THE
PROPOSED STRATFORD
BUSINESS PAR1(, LOCATED
ALONG THE \VEST SIDE OF
LOCUST GROVE ROW
BETWEEN FRANI<lIN ROW
Al"TD 1-84, ?vfERIDIAN, IDAHO
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05-03..00
Case No. i\Z-OO-OOS
FINDINGS OF FACT Ai"TD
CONCLUSIONS OF IA'YV AND
DECISION Al'JD ORDER
G RAi\ITIN G APPLI CA TI 0 N
FOR Al"TNEXA TI 0 N Al"ID
ZONING
The above entitled annexation and zoning application having come on
for public hearing on May 2,2000, at the hour of 7:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of the Applicant was Dave vVilliams, and the eity Council having
duly considered the evidence and the record in this matter therefore makes the
following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
FINDINGS OF FACT Al'\TD CONCLUSIONS OF LAW - Page I
AND DECISION Ai"ID ORDER GRAJ'\JTING APPLICATION
FOR Al'\INEXf\TION A1'\TD ZONING/BY HOWELL MURDOeH
DEVELOPMENT eORPORATION / (AZ-OO-005)
(
zoning was published for two (2) consecutive weeks prior to said public hearing
, 1
scheduled for lYra;; 2, 2000, before the City Council, the first publication appearing
and \\Titten notice having been mailed to property O\vTIers or purchasers of record
within three hundred feet (300') of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the wfay 2, 2000, public
hearing; and the applicant, affected property o\vners, and government subdivisions
providing services \vithin the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance vvith all notice and hearing requirements set
forth in Idaho Code ~~ 67-6509 and 67 -6511, and wferidian eity Code ~~ 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian eity Code, and all
currert zoning maps thereof, and the Comprehensive Plan of the eity of Meridian
adopted December 2"1,1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
FINDINGS OF FACT AJ.'\JD CONCLUSIONS OF LA vV - Page 2
AJ."JD DECISION AND ORDER GRAJ'\fTING APPLICATION
FOR AJ.'\JNEXATION AND ZONING/BY HOWELL lYIURDOCH
DEVELOPIvfENT CORPORATION / (AZ-00-005)