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322 Development Agreement Stratford Park RESOLUTION NO 322- BY: ~/I1\...l3i}~ C/~ tVJft/~cZtt~ 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 ( 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: \\\\fUIHtltlll -,-,'\\'Oc .~. 11111 ,'- -1 1[" -I1'"jf ~....., .L~ ~ ,.... i,.,' :~A .--:, f'CJ c~ ~.-'}'-~o % ~ ~ ~ ~ ~ ~ SEAL ~ 1 -? e 2 :;. . ~Q ,C5 D~ ~ ~ 'l..,Sr 1Sr'l\ · ~ $ /.... <J~1. .<"\'tt .~ "'/ ~ 0/ * /'/~II" c"'o(JNl'l. "'-"....' 11"1 \;\.' 1J111_n: H H\~\" MSG/Z:\W ork\M\Meridian 15360M\Stratford Business Park AZ\RESOLUTION Ji~/2~C) CITY CLERI( AZ-OO-005 ~".."... P(COROEO - REQUESlOf . " ADA COUNTY RECOROER~;k " :" ~ .- .~ y " J. ~~YJ~.~~X~~RO ,~ FE~OEPUTY -Jl1-.. loon MY 25 PH I: 27 3I-fJ I 0 0 0 4 059 6 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 J 1.8 1.9 1.10 ( { 1.5 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 (- 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 , - ( 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 ( ( 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 ( ( 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 ( 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 / ( 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 ( ( 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 ( ( STATE OF IDAHO COUNTI OF ADA :ss ) 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. ...... .. W "'.. . -0 IF". . -<'" '>;,. ......~: - - - - -",)-- . ."v... T ....-<-.;--. · ,,'r,/" 0 A..b...." ~ . l rizY'id-) -< (J-.. \'t.':a ~*~ * * \(fl- . , t . . I J . . ' . I . .. \ : / -- .. \ I .. · \ A_ C / .. · .~:;" ~ _:-; HL ~ ..." ~~o + + ..;~OF-IO~.. ......... 1pc_J:;7 Notary Public My Commission expires: //~-t:J5 \. STATE OF IDAHO ) :ss County of Ada On this ) 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. ......... ..,.~ ~:._QG... ...., ~ ",.,." T~"''' ... ~~)F~() '~\ ~ -c;"i' y -)..,.. . -.., I v--- \ . :~:' .J.. * * \ · .CJ:)1 ~ I QI (SEAL) · \ J : ~ \ / . -. 0>\.. .A~ ""Ie //0 .. . ~....~...._UBLJ;....~~ .. +.;!Ji0iiJr:+. ....... msg/Z:\W ork\lvNvIeridian 1 5360M\Stratford Business Park AZ\DevelopAgr Notary bI. for Idaho 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 ( EXHIBIT B AZ-OO-005 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - (AZ-OO-005) - 16 { , /-.-.-.~. i ( . 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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)