Walmart Overland/Stoddard MDA 11-005ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 16
BOISE IDAH012107111 10:01 AM
DEPUTY Gail Garrett III I~II'I,III'I'lllll~'I~I~~I~~ ~~~ ~~~
RECORQED-REQUEST OF 111~~~~2~
Meridian Ciry
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Walmart Real Estate Business Trust, Owner/Developer
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this `~'" day of ~. , 2011, by and between City of
~-
Meridian, amunicipal corporation of the State of Idaho ("City"), and Walmart Real Estate
Business Trust ("Owner/Developer").
RECITALS
A. On September 17, 2007, the City and James Prather, the original owner/ developer,
entered into that certain Development Agreement, recorded on September 20, 2007
as Instrument No. 107131597; as .amended by First Amendment to Development
Agreement recorded on January 20, 2010 as Instrument No. 110005407, official
records of Ada County, Idaho (collectively, the "Original Development
A reement" on real ro erty more particularly described in the Original
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Development Agreement.
B. This Agreement shall supersede the Original Development Agreement for the
subject property. Upon recordation of this Agreement, the Original Development
Agreement shall be null and void and of no further force or effect for the subject
property only.
C. Owner/Developer is currently the sole owner, in law andlor 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,
hereinafter referred to as the Property.
D. 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.
E. Owner/Developer's predecessor in interest submitted an application for annexation
and zoning of the Property, requesting a designation of C-G (General Retail and
Service Commercial District) under the UDC.
F. City has exercised its statutory authority by the enactment of Section 11-SB-3 of
the Unified Development Code ("UDC"), which authorizes development
agreements upon the annexation andlor re-zoning of land.
Walmart Overland Stoddard MDA-11-005 Page 1
G. Owner/Develo er made representations at the public hearing before the Meridian
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City Council, as to how the subject Property will be developed.
H. Cit Council, the 4th day of October, 2011, the Meridian City Council approved
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certain Findings of Fact and Conclusions of Law and Decision and Order
("Findings"), which have been incorporated into this Agreement.
I. Owner/Developer deems it to be in its best interest to be able to enter into this
A reement and acknowledges that this Agreement was entered into voluntarily and
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at its urging and request.
J. 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.
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 are 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:
2.1 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 Broadway Avenue, Meridian, Idaho 83642.
2.2 OWNER/DEVELOPER: means and refers to Walmart Real Estate Business
Trust, whose address is 2001 S.E. 10th Street, Bentonville, Arkansas 72716, the
party that owns and is developing said Property and shall include any subsequent
owner(s) or developer(s) of the Property.
2.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the
County of Ada, City of Meridian as described in Exhibit A attached hereto and by
this reference incorporated herein as if set forth at length.
3. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
3.1 The uses allowed pursuant to this Agreement are only those uses allowed in the
approved C-G zone under the UDC.
Walmart Overland Stoddard MDA-11-005 Page 2
3.2 A conditional use permit for adrive-through pharmacy as approved by the
Meridian Planning & Zoning Commission on September 1, 2011 is recognized as a
conditional use on the Property.
3.3 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
4.1 Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. All future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors.
2. All future development of the Property shall comply with City of Meridian
ordinances in effect at the time of development.
.The Owner/Developer shall be responsible for all costs associated with
sewer and water service installation.
4. The public stub street (Alaska Street) in Bear Creek Subdivision along the
south property boundary shall not be extended as a public or non-public
street into the Property. At no time shall construction traffic associated
with the development of the Property be allowed to access this Property
using Alaska Street.
5. Access points to/from the site are limited to those shown on the conceptual
development plan attached hereto as Exhibit B and by this reference
incorporated herein, unless otherwise restricted/approved by ACRD.
6. Prior to issuance of the first Certificate of Occupancy for either of the two
properties along the east boundary, construct amulti-use. pathway from the
sidewalk on the stub street at the south boundary (Alaska Street) along the
east side of the property, connecting to the pathway on the ICON Credit
Union site to Overland Road. Bollards shall be placed at the entrance of the
pathway where Alaska Street terminates to prohibit vehicular access to the
pathway. Prior to issuance of the Certificate of Occupancy for the largest
building pad, construct amulti-use pathway from the south boundary
within the street buffer adjacent to S. Stoddard Road along the west side of
the property to the Overland/Stoddard intersection. In the interim of the
pathway along the east boundary being constructed, a pedestrian
connection shall be provided from Alaska Street at the south boundary to
the Walmart site and Overland Road as shown on the conceptual
Walmart Overland Stoddard MDA-11-005 Page 3
develo ment plan with development of the largest building pad; a
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landsca e buffer shall be installed along the southern boundary with
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bermin as shown on the conceptual landscape plan in Exhibit C. A public
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edestrian easement shall be recorded for the portions of the pathways that
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lie outside of the right-of way on the subject property; a copy of said
easement shall be submitted to the Planning Department with the related
Certificate of Zoning Compliance application.
The Owner/Developer shall design and construct the multi-use pathways in
accordance with UDC 11-3A-8 and in conjunction with the Parks
Department's standards, except that the pathways are allowed to be 8 feet
in width, instead of 10 feet. Additionally, where the pathway(s) crosses
drive aisles, the pathway(s) shall be distinguished from the driving surfaces
through the use of pavers, colored or scored concrete, or bricks. Any
changes to these requirements can be done pursuant to Article 17 of this
Agreement.
7. The Owner/Developer shall be responsible to obtain a Certificate of Zoning
Com liance (CZC) permit and administrative design review in accordance
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with the standards listed in UDC 11-3A-19 and the guidelines listed in the
City of Meridian Design Manual, prior to all new construction on the
Property.
8. Development of this Property shall be generally consistent with the
conceptual development plan (attached as Exhibit B). The largest building
proposed on the site shall be not exceed 170,000 square feet and shall have
horizontal banding in a different color and/or material on the side and rear
elevations of the building. Future development of the outlots depicted on
the conceptual development plan shall be in accordance with the UDC
applicable at the time of such development.
9. The following uses shall be prohibited along the southern half of this site:
fuel sales facility; building material, garden equipment & supplies; and
vehicle washing facilities.
10. Construct a 25-foot wide landscape buffer along Overland Road in
accordance with the standards in UDC 11-3B-7.
11. Construct a 20-foot wide landscape buffer along Stoddard Road in
accordance with the standards in UDC 11-3 B-7.
12. At least a 60-foot wide separation is required along the southern Property
boundary. Within said 60 feet a 25-foot wide landscape buffer shall be
constructed at the south property line, then a drive aisle. Landscape buffers
shall be designed and constructed in accordance with UDC 11-3B-9.
Walmart Overland Stoddard MDA-11-005 Page 4
13. As close as racticable to the existing Bear Creek Subdivision fence along
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the southern boundary of the Property, provide an 8-foot tall white viny
fence to assist in providing a buffer to the residents in Bear Creek
Subdivision in addition to the landscaping requirements listed in UDC 11-
3B-9C.l.aand b.
~4: The Owner/Developer shall comply with all landscaping standards
described in UDC 11-3B, including but not limited to UDC 11-3B-8 which
outlines the standards for parking lot landscaping.
15. Owner/Developer shall be responsible to install street lighting along the
ro'ect's frontage on W. Overland Road and S. Stoddard Road in accord
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with the City's Improvement Standards, prior to occupancy of the first
building on the site.
16. Owner/Developer shall record an easement granting cross-access to the
ICON Credit Union property at the northeast corner of the site (parcel
#R7288000004). A copy of said easement shall be submitted with the first
Certificate of Zoning Compliance application for this site.
17. Overnight recreational vehicle parking/camping on the site is prohibited.
5.
DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
5.1 Acts of Default. Either party's failure to faithfully comply with all of the terms
and conditions included in this Agreement shall constitute default under this
Agreement.
5.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, OwnerlDeveloper shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default, which action must be prosecuted with diligence and completed within
one hundred eighty (180) days; provided, however, that in the case of any such
default that cannot with diligence be cured within such one hundred eighty (180)
day period, 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
ContlnUlty.
5.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 5.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal of the
zoning designations described herein, solely against the offending portion of
Property and upon City's compliance with all applicable laws, ordinances and
rules, including any applicable provisions of Idaho Code §~ 67-6509 and 67-6.511.
Owner/Developer reserves all rights to contest whether a default has occurred.
Walmart Overland Stoddard MDA-11-005 Page 5
This Agreement shall be enforceable in the Fourth Judicial District Court in Ada
County 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.
5.4 Delay. In the event the performance of any covenant to be performed hereunder
by either Owner/Developer or City is delayed for causes that 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.
5.5 Waiver. 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 default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
6. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of
this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and
submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian
Zoning Ordinance in connection with the adoption of this Agreement by the City Council.
7. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian
City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer
agrees to provide, if required by the City.
8. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates
of Occupancy will be issued for any building site or parcel until all improvements thereto,
required under this Agreement have been installed, completed, and accepted by the City. The
Owner/Developerrnay develop each parcel or building site as a separate phase or in phases.
9. ABIDE BY ALL CITY ORDINANCES: That OwnerlDeveloper agrees to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
10. 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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNERIDEVELOPER:
Walmart Real Estate Business Trust
Sam M. Walton Development Complex
2001 S.E. 10th Street, Mail Stop 5570
Bentonville, Arkansas 72716-5570
Walmart Overland Stoddard MDA-11-005 Page b
with a copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
10.1 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.
11. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default, termination or forfeiture of this Agreement.
12. 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 hereunder shall constitute a breach of and
a default under this Agreement by the other party so failing to perform.
13. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to
the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer of the Property, each subsequent owner and any other person
acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of
the Property, or portions thereof, except that any sale or alienation shall be subject to the
provisions hereof and any successor owner or owners shall be both benefited and bound by the
conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has
fully performed its obligations under this Agreement.
14. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall
act reasonably in giving any consent, approval, or taking any other action under this Agreement.
15. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or
other proceeding instituted by any third parties (including a governmental entity or official)
challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate
in defending such action or proceedings.
16. 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.
Walmart Overland Stoddard MDA-11-005 Page 7
17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
a reements condition and understandings between Owner/Developer and City relative to the
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sub' ect matter hereof and there are no promises, agreements, conditions or understanding, either
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oral or written ex ress or im lied, between Owner/Developer and City, other than as are stated
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herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full
includin all text information in the Exhibits. Except as herein otherwise provided, no subsequent
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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 ursuant, with respect to City, to a duly adopted ordinance or resolution of City.
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17.1 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.
18. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the
date this fully executed and notarized Agreement is recorded in the real property records of Ada
County, Idaho.
IN WITNESS WHEREOF, the parties have herein executed this Amended and
Restated Development Agreement and made it effective as hereinabove provided.
OWNER/DEVELOPER:
Walmart Real Estate Business Trust, a Delaware Statutory
True
By•
Its:
CITY OF MERIDIAN
ATTEST:
V ~ ~ r .
aycee .Holman, City Clerk
By•
T y de Weerd
Q,~,~~v Av,~Us~
r
~~o +~~'o
4 ~
City of
'*~ E IDIAN~
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Walmart Overland Stoddard MDA-11-005 Page 8
STATE OF(~~ ~
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ACKNOWLEDGMENTS
On this day of , 2011, before me, the undersigned, a
Notary Public in and for id tate, perso lly appeared known or
identified to me to be the ~ of Wa art Real Estate Business Trust, who
executed the instrument on behalf of Walmart Real Estate Business Trust, and acknowledged to
me that such Trust 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.
~w
Jane Bennett
County of Benton
Notary Public -Arkansas
My Commission Exp. 0311312012
STATE OF IDAHO )
ss
County of Ada )
Not ublic for ~,~~S~S
Residing at ~~' .
My Commission Expires: 3 - C~-~0 L~.
On this day of ~ , 2011, before me, a Notary
Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know 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.
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Walmart Overland Stoddard NIDA-11-005 Page 9
EXHIBIT A
LE~C~~~ ~. ~~., ~ ~?N
01/ERLAND AND STODDARD PARCEL
A PARGEL OF LAND ~ A PORTI~I OF THE NORTHWEST QUARTER 01= THE NORTHEAST
QUARTER OF SECTLON 24, TOWNSHIP 3 NORTH, RISE 1 WEST, 8013E IR~i, ADA COMITY,
IDAHO, Iu~tE PARTICULARLY C}ESCRIBED AS FOLLOWS:
COI~4NIENCING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST QUAR~'ER OF THE
N'HEAST QUARTER, S CORNER BEING SOUTH 89°4T17" EA~TA DISTANCE OF 1.39 FEET
f R01w! THE NORT~~ST CO~R ~ ~Aifl NC#tT~NWEST QUARTER OF THE NORTI~`AST QUARTER;
THENCE
SOiJTH t~°44'30" WEST A t~STANCE OF 48.4 FEET ALONG THE EAST ~UNDARY Of SAiD
N~TII~ST QUARTER OF THE NORTHEAST QUARTER TO A POINT (3N THI S~THERLY RIGHT•Of-
WAY OF W. O~/ERIAt+~3 i~AD; THENCE
NORTH ~9'4T17" WEST A 131STANCE OF 219. ~ 5 FEET A~.ONG SAID S4)UUTHERLY RIOhIT~F-WAY OF W.
OVERLANI3 ROAD AND PARALLEL WITH THE NORTH BOUN~3ARY ~ SAI~3 NORTHWEST t~UAI~TER OF
THE N{3~RTHEAST QU~4RTER TO TF~ POINT Of BE~iNG; THEME
SOUTH ~°44'343" WEST A DISTANCE (?F ~ 98.77 FEET PARALLEL WITH THE EAST JN~4RY OF SAID
NORTHWEST QUI4RTER OF THE h~RTHEAST QUARTER TO A POINT; THENCE
NORTH 89'4T17" WEST A QISTANCE ~' 251.02 FEET PARAILEI WITH. TFIE NORTH BOUNDARY OF
SAID NORTIhIWEST QUARTER OF THE NC~THEAST QUARTER TO A P~IVT; TINGE
-NORTH ~' 12'43" EAST A DISTANCE t3F 198.77 FEET PERPEI~?ICULAR TO S NORTH DARY
TO A POINT ON T SOUi'~IERLY RIG~iT-~-~1VAY t3F W. OVERI.AN~1 ROAQ; TTNCE
SOUTH 89°47'17" EAST A f~STAN~ OF 252.86 FEET ALONG SAID SOUTHERLY R#IT-O~-WVAY OF X11.
OVERLAND ROAD TO THE I'O't' OF BfOINN~NG.
THE ABOVE DESCRIED PARCEL. IS DEPICTED AS PARCEL 2 ~ RECt~RD 01= SUR1/EY N0.8687,
RECORDED NOV'EI4~ER 35, 243(39 AS ~ISTRUIUIENT N0.14)9132349, RECORDS OF AOA COUNTY,
IDAHO.
AND:
A PARCEL (~ LANIJ A PORT~I OF THE NORT!l~iWEST QUARTER Cif Tim NOaRTHEAST
QUARTER C?F SECTIO~i 24, TO'ISt~#' 3 NORTH., RANGE 1.1ST, BOISE MEI~I~AN, A~1 COUNTY,
IDAHO, I PARTiCL~LARLY QE~CRED AS FOLLOWS:
COIIENCIPIO AT THE tTAST CORNER t3F SAID NORTHWEST t~UARTER OF TI^~ NORTHEAST
QUARTER, S GAR BEING SOUTM 89°4T17" EAST A t~STANCE OIL 13439.9 FEET 1R~ THE
NORTI~NEST CORNER Of SAS NORTHWEST QUARTER OI: THE NORTHEAST QUARTER;. TTNCE
SOUTM 013'44'30" WEST A DiSTANGE OF 24fi.77 FEET ALCM THE EAST BOI.DARY OF SAS
t+~THVktEST BARTER t~F THE tTHEAST t-RTER TO THI PO~VT Of BEGII+~IIN~C; TTNCE
C01~
SOUTH 943°44'34" WEST A DISTANCE OF 546.76 FEET ALONG SAID EAST VARY TO A ANT;
THENCE
N{~RTM 89°47`17" SST A D~~TANGE 0~ 465.48 FEET PAIRALLEL WITH THE NORTH IDARY t)F
SAID NORTIi~IA~EST QUARTER ~ THE NORTHEAST QUARTS TO A F~+~i'T; TH#:NCE
NORTM ~°12'43" EAST A C3~STANCE ~ 506.73 FEET PERPENI~CULAR TO THE NO~tTH BOI~NDARY
Olr SAS RORTIHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY ~' W. OVERLAND Rt~A17; THENCE
SOUTH 89°4T17" FAST A DISTANCE QF 474..17 FEET ALONG SHED SQ11TH€RLY RIGHT•t}F WAY OF W.
OVERLAND ROAD TO T P't?INT 4F BEGINNING.
THE ABOVE t~CRIBEO PARCEL IS DEPICTED AS PARCEL 3 ~ RECORD OF Sl#t1lEY N0. Bfi87,
RECORf3~D NflVBER 35, 24€39 AS ~ISTRWT NO.149132349, RECORDS OF ~ COUNTY,
1DAH~3.
AND. ALSO:
~~~~~~,~~ f~rW~t~Stodd~trd I~.TA Survey
,fob too. i t-~Q
ww su~gay,~ c« Pie 1 of 3
A PARCEL OF LAND ~ A PORTI~flN 4F TI~#E NORTN'V't~ST QUARTER OF T Nt~tTAST
QUARTER D~ SECTl~I 24, TOWNSI~IP 3 NORTH, RANGE 1 WEST, BOISE ~IERI~I, - COUI~ITY,
IDS, ICE PARTICI~LARIY DESCRIBED. AS FOLLOVitS:
COAENCING AT THE NORTI~EAST CORNER OF SAID NORTI~VWEST QUARTER ~' TIC N~ORTIAST
QUARTER, SAID CC2NER BEING SOUTH 89°4717" EAST A ~STAP~CE OF i3~.39 FEE"f ~R THE
NORTIHWEST Ct~RNER OF SAID NORTIHWEST QUARTER OF THE NQRTHEAST QUARTER;. TAE
SO~JTH ~'44'3~' WEST A DISTANCE OF 48..04 FEET ALONG TH.E EAST B4~lN1RY OF THE SAID
Nt~tTI~4ST TER OE THE NORTHEAST QUARTER TO A POINT ON TIDE SOUTI"IERI.Y RIGHT-O~-
WAY OF W. OVERLAND ROAD; TI~#ENCE
NORTH 89'4T17" WEST A DISTANCE OF 472.41 FEET PARALLEL WITH THE NTH IDARY Of
SAID NORTI~NEST QUARTER Of THE NORTHEAST' QUARTER TO THE PQ-I'NT OF BEG;
TI~ENCE
SOUTH ~°12'43" WEST A DISTANCE OF 705.50 FEET PERPEMOICI~.AR TO SAS N~3RTH B~DARY
TQ A PANT; THENCE
NORTH 89°4T17" WEST A DISTANCE OF 815.38 FEET PAF~ALI.EI. 1111TH T1-IE NORTH BOt~NOARY Of
SAID NtT1ST QUARTER OF THE NORTHEAST QUARTER TO A P01~1T THE EASTERLY RIGH'i'-
OF-WAY OF S. STOQ~DARD ROAD; TNENOE
NORTH A4°51'1" EAST A DISTANCE OF 387.03 FEET AIpNG SAID RIFT-Of-~tAY BEINfi
PARALLEL WITH THE WEST B{)UARY OF SAID NORTHWEST QUARTER OF Tt~ NORTilAST
QUARTER TO A POINT; THENCE
SOUTH 89'4T17" EAST A DISTANCE OF 248.54. FEET PARAt.LEL VIrI7N ThIE NORTH ~OUhIDARY OF
SAID NORT~~WEST QUARTER OI= ThlE NORTHEAST QUARTER TO A POI~#'; TINGE
NORTH '12'4"-EAST A t~ISTANCE Of 318.50 FEET PERI"END#CULAR TO SA~Q NORTH SOU~I~DARY
TO A P08VT ON TIC SOUTHER~.Y RIGHT-OF-WAY Qf W. 4VEBLAND ROAD; TI#ENOE
SOUTH 1~9'4T17" EAST A DISTANCE OF 5~i2.54 FEET ALONG SAI~3 R~HT-OF•WIAY AND. ~~G
PARALLEL. WITH THE ITT BOI~IDARY OF SAID NORT~~ST QUARTER 0~ T~ N~1RTIAST
QUARTER TO THE R+QIhIT OF BECILNG.
THE ABOVE tSCRIBED PARCEL LS DEPICTED AS .PARCEL 4 I~1 RECORD OF SURVEY NO. 7,
RECflD NOV ' ~ R 25, 2 AS ~ISTRU~ENT t~3.1~132349, RECORDS OF ALFA COUNTY,
IDA.
AND ALSO:
A PARCEI.OF LAND BEING A PORTION OF THE NORTH~I~IEST QUARTER T! NORTIAST
QUARTER OE SECT?N 24, TOIS1P 3 NTH, RANGE 1 WEST,. B{~SE ERIOIAN, ADA QtfTY,
IDAHO, E PARTLCULARLY DESGRIBED A,S ~'O~.;LOWS:
DO~~~ AT T NORTHEAST CORNER OF SAID NORTHST QUARTER. ~ T l~ORTHEAST
Q~AARR~'ER, ~ CORNER ~EINC SOUTH 89°4T17" EAST A STANCE OF 1309.39 FEET FROG THE
t~ORTN'IST CONER OF S~A~ !!~RTHWEST QUARTER OF Tt NORTHEAST QUART; THENGE
SOUTH A4'44'30" WEST A DLSTAN~CE OF 48.40 FEET ALONG ThIE EAST BOUNDARY OF SALD
t~RTHVIIEST Q`fER t}F TN€ FORTH-EAST QUARTER TO A POINT ON THE SOUTl~ERL'Y RICA-OF-
WAY OF W. RLANO ROAD; TI~IENCE
NORTH 88°41'17" liI1~ST A DISTANCE OF 1034.51 FEET PARALLEL WITH THE PfORTH ~~DARY OF
SAID NORTHWEST QUARTER THE N~3RTI~EAST QUARTER TO THE POINT Of BEGI~ING;
THENCE
SOUTH QE?°12'43" SST A DISTANCE OF 318.E FEET PERPENDLCU~.AR TO SAID NORTH BDARY
TO A P+D~NT; THENCE
N{~tTH ~9°4T1~" V~IEST A DISTANCE QF 248.x4 BEET PARAI.E.EL WITH THE NtTM BOUttY OF
SAID NORTHST QUARTER OF TI- NORTI~EAST QUARTER Ta A POINT OWN ~'~ EASTERLY RlQF~T-
OF-WAY { S. STOD~3ARD ROAD; THENQE
NORTH 04•'51'13" EAST A DISTANCE OF 298.49 FEET AIC~G SA~3 RIGHT-OF-1~AY AID `BEEF
PA~RAL..LEI WITH THE WEST BOUI~ARY OF SAID NURTIIIEST QUARTER OF THE NORTIAST
QUARTER TO A POINT; TkLENCE ALONG SAID RICA'-f~F-~ItAY
NORTH 47°511'01" EAST A t?~STANCE OF 29.73 FEET TO A POINT OIV TFIE S~C}UTlRLY ~tlCfiT-OF•WJ~Y
OF W. OVER~~ ROAD; TI~EN~E
SOUTH 89°4T17" EAST A TANGE OF 223.23 FEET ALONG SAS RIGHT-OF•WAY J4N0
~~~~1 O~tdi~rd ALTA ~
i~.11-30
a~+'~ ~ P~qe 2 t~ 3
PARALLEL WITH THE ~RTH BOUI•fDARY OF SAID NORTHHWEST QUARTER OF THE IORTHEAST
QUARTER TO THE POINT QF BEGINNING.
THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 5 I:N RECORD OF SURVEY N4.8687,
RECORDED NOVE~JBER 25, 2449 AS INSTRUIVIENT N0.14~132349, RECC~tDS {~ ADA COI~NT'Y,
IDAHO.
AND ALSO:
A PARCEL OF LAND BEING A PORTION OF THE NORTF~I~~EST QUARTER OF THE NORTHEAST
QUARTER OF SECTION Z4, TO'V'~NSH P 3 NORTH, RANGE 1 WIHEST, ROISL 1ERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COI~NENCING AfiTHE NORTHEAST CORNER OF SAID NORTHWEST QUARTER QF THE NORTHEAST
QUARTER, SAID CORNER BEING SOUTH 88°4T17" EAST A DISTANCE OI` 1 ~~1~.39 FEET FRO~# THE
NORTHWEST CORNER Of SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE
SOUTH 00°44'34" WEST A DISTANCE OF 48.40 FEET AIQNC THE EAST BCNDARY OF SAID
NflRT1~VilEST QUARTER OF THE NORTHEAST QUARTER TO A P~C~IINT OI~1 T SOUTHERLY RIGHT-OF-
WAY OF W. OVERLAID ROAD; THENCE
NORTH 89°47'17" WEST A DISTANCE OF 1257.74 FEET PARALLEL WITH THE NORTH BOUNDARY OF
SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A PC}INT; TINGE
SOUTH 47°51'41" WEST A DISTANCE OF 29.73 FEET TO A POINT ON THE EASTERLY RI~IT-OF-WAY
OF S. STC~DDARD ROAD; THENCE
SOUTH 44'51'13" WEST A DISTANCE OF 524.64 FEET PARALLEL 4J~TH AND 34.44 FEET EAST OF THE
WEST BOUNDARY OE SAID NORTIST QUARTER OF THE NORTHEAST QUARTER TO THE ~'OINT
OF BEGINNING; THENCE
SOUTH ~°51'13" WEST A DISTANCE OF 164.87 FEET PARALLEL WITH AND X0.44 FEET EAST OF THE
SST BOUNDARY OF SAID NORTHWEST QUARTER Of THE NORTHEAST QUARTER T4 ~ POINT;
THENCE
N~4RTH 89°4T17" SST A DISTANCE OF 5.00 FEET PARA~.LEL wI1ITM TIC NORTH BOUI~ARY Of SAID
NORTHWEST QUARTER O~ THE NORTHEAST QUARTER TO A Pt~NT; THEME
NORTH 44°51'13" EAST A STANCE OF 164:.87 FEET RARALLEI. WITH A 25.44 FEET EAST OF THE
WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE Nt~TI-~AST QI~RTER T4 A POINT;
THENCE
SOUTH 8~°4T17" EAST A I~ISTAI'~CE OF 5.~ FEET PARALLEL PITH THE NORTH SOUNOARY OF SAID
NORTIIfWEST QUARTER C3F THE N~?RTHEAST QUARTER TO THE POINT ~' ~EGINNI~NG.
THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 6 IN RECORD OF SI~RVEY NO.8687,
RECORDED NOVEh~BER 25, 2049 AS ~15TRU~lENT N0.149132349, RECORDS ~ ADA COUNTY,
IDAHO.
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EXHIBIT B
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