Spurwing Challenge AZ 11-005 RZ 11-006
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 17
BOISE IDAHO 04130!12 12:55 PM
RECORDEQ°-"REQUEST OF III IIIIIIIIIIlIIIIIIIIIIIIIIIIIIII III
Meridian City 11 ~4~40~34
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. The Club at Spurwing, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of , 2012, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and The Club at Spurwing, LLC,
whose address is 3405 E. Overland Road, Suite 150, Meridian, ID 83642, hereinafter called
OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer 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 for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; proof of ownership is provided Recorded
Warranty Deed dated February 29, 2012 and is hereby attached and
Exhibit "B"; and
1.2 WHEREAS, Idaho Code § 67-6511 A, Idaho Code, provides that
cities may, by ordinance, require orpermit as acondition of re-zoning
that the Owner/Developermake awritten commitment concerning the
use or development of the subject Property; and
1.3 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
1.4 WHEREAS, Owner/Developer have submitted an application for
annexation and re-zoning of the Property described in Exhibit A, and
has requested adesignation of R-8 (Medium-Low Density Residential
District), (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer 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 what improvements will be made; and
DEVELOPMENT AGREEMENT - SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 1 OF 10
~"' `~
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 Council, the 24th day of January, 2012, has
approved Findings of Fact and Conclusions of Law, set forth in
Exhibit "C", which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as (the
Findings); and
1.8 WHEREAS, the Staff Report requires the Owner/ Developer to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 OWNER/DEVELOPER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at his urging and
requests; and
1.10 WHEREAS, City requires the OwnerlDeveloper 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 development 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 toensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on
April 19, 201 1, Resolution No.l 1-784, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 1 1.
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:
DEVELOPMENT AGREEMENT - SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 2 OF 10
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 Broadway
Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers The Club at Spurwing,
LLC, whose address is 3405 E. Overland Road, Suite 150, Meridian,
ID 83642, the party that is developing said Property and shall include
any subsequent owner and/or developer(s) of the Property.
3.3 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 describing the parcels to be re-zoned R-8 (Medium-Low
Density Residential District) attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2A-2.
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:
5.1.Owner/Developer shall develop the Property in accordance with the
following special conditions:
a. The Owner/Developer shall extend City sewer to the property, or provide
surety as allowed by the UDC, to serve the existing club house, the future
training facility, the future maintenance building and the future residential
lots prior to City Engineer's signature on the final plat.
b. Development of this site shall be restricted to the outdoor recreation use
(golf course) and the 23 buildable lot subdivision.
d. Prior to obtaining the City Engineer's signature on the final plat, the
applicant shall restrict the existing Spurwing Subdivision access to the
state highway to right-in/right-out only pending ITD's approval and
compliance with their safety requirements. If ITD does not grant the
necessary access then this condition shall be void. (Bonding here won't
work because the bond would have to be with ACHD for the new access
road, not the City)
DEVELOPMENT AGREEMENT - SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 3 OF 10
~ l
e. The applicant shall dedicate the necessary additional right-of way
required by ITD for the future widening of Chinden.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon an uncured material default of the Owner and/or Developer or Owner's/Developer's
heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing
Development of Subject Property" of this agreement within two 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
recodificationstherenf.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 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.
7.2 Notice and Cure Period. In the event ofOwner/Developer's default
of this Agreement, Owner and/or Developer 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 continuity.
7.3 Remedies. In the event of default by Owner /Developer that is not
cured after notice as described in Section 7.2, 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
67-6511. Owner and/or Developer reserve all rights to contest
whether a default has occurred. 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.
DEVELOPMENT AGREEMENT - SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 4 OF 10
7.4 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.
7.5 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.
8. 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
accordance with the terms and conditions of this Agreement and all other ordinances of the
City that apply to said Property.
9. DEFAULT:
9.1 In the event Owner/Developer, or Owner's and/ or 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 terminated by
the City upon compliance with the requirements of the Zoning
Ordinance.
9.2 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.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer'srnst, 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. 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.
DEVELOPMENT AGREEMENT - SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 5 OF 10
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 orOwner/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.
12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an
uncured 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 maybe reasonably 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 Owner/Developer 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 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.
14. CERTIFICATE OF OCCUPANCY: The Owner/ Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Owner/ Developer has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
DEVELOPMENT AGREEMENT - SPURWING CHALLENGE SUBDNISION (AZ 11-005 & RZ 11-006) PAGE 6 OF 10
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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
with copy to
City Attorney
City of Meridian
3 3 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER
The Club at Spurwing, LLC
3405 E. Overland Road, Suite 150
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. 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.
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 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 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
DEVELOPMENT AGREEMENT - SPURWING CHALLENGE SUBDNISION (AZ 11-005 & RZ 11-006) PAGE 7 OF 10
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, had determined
that Owner/Developer 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 Owner/Developer and 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/ Developer and
City, other than as are 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.
21.1 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.
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 - SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 8 OF 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
THE CLUB at SPURWING, LLC
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CITY OF MERIDIAN n ` ~ r ,~ '` ° Y~ ~F4~~~~
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By.
Mayor Ta y e Weerd
Jaycee Holman, ity Clerk
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DEVELOPMENT AGREEMENT - SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 9 OF 10
STATE OF IDAHO, )
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County of Ada )
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On this /~~~ da of , ~ ~h~ 2012 before me the undersi n
y g ed,
a Notary Public in and for said State, personally appeared ~,y,~~~i~~,y~,~ ,~, ,~,~,~~~~,,~
known or identified to me to be the person who executed the agreement on behalf of The
Club at Spurwing, LLC, and acknowledged to me that he 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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STATE OF IDAHO )
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County of Ada )
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Notary Public for Idaho
Residing at: '~ ~ ~~~
My Commission Expires: ~ ~ ~
On this ~ day of , 2012, before me, a Nota
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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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DEVELOPMENT AGREEMENT- SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 10 OF 10
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Page 1 of 2 •
E~BIT ~fA" .
AIV~~ATY~N' P~tOFERTY
Paxcel 1-
A parcei~eing aportion ofLot 78, Block l of Spurw~ing Subdivision recorded inBook 69 of
Flats at Pages 7104 through 718 and a portion of Lat I, Block 1 afBrand# Subdi~.sian areeorded
. in Boak 59 of Plats at Fages 5785 and 5786, situated in a ~a~ion of #be South I ofthe Southeast
`/ ~d in a porbian of the Soutkw~t =/4 of Section ~3, 'Z~awnship 4 North, Range 1 Nest, Boise
Meridian, Ada County, Idaho, being more p~icularly described as follows:
Comncencing at the section corner common to Sections 23, 24, 25 and 25 of said Tawnsbap sad
Range; thence slang the section tine common to said Sec~ons 23 end 2G North 59°38'47'''West
2594.97 felt to the F~IN'~' (~~` BR~~Y~~; thence continuing along said section line .
North. 89°38'47"west 33.0 feet to the south quarter corner of said Section 23; thence
continuing slang said section line
• North ~9° 11'21" 'S~est 546.15 feet to a point on the centerline ofNoxth Spurwing way;thence
depa~ing from said sec#~an Tine and continuing along said centerline the following coerses.• .
North 00°48'56" Bast 842.9 feet; thence.
188,2 feet along a curve to the lefr, said curve having a radius of 45Q.04 feats a delta angle of
23°56!21" and a long chord bearing North l 1 °09' 1 ~" west 185.65 feet; thence departing from
said centerline
South 59°l 1'04" East l $3.31 feet to a point on the northerly right-of-way of North Penncrass
'Way; thence alar~g said narthcrly right of=way
481,22 feet along a curve to the lefts said curve having a radius of 325.00 feet, a delta angle of ~ •
84°SO'U9" and a long chord bearing North 48°23'51" East 438.45 feet to a point on the north line
of said south % of the southeast ~ of Sec~.an 23; tbenee departing from said northerlyright-af~ .
war and slang said north line
South S~°41'45" last 374.50 feet; thence .
South 00°27'0" west 479.91 feet; thence
Wirth 89°41'45" West 272,00 fit; thence
.South 04°x7'09"west 841,15 feet to the P(l~T OF ~E~BVNZI~G~. •
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EXHIBIT A
Annexation ~'rvperfy
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Lot 53, ~ioc~ 1 a~ Sptnwing Subdivision, recurdet~ in the office oft~e Ada bounty Recorde~-as
~ns#rumentNutnber 95a~~7~~,
Said Parcel 2 contains 12.~~ acres, mare or Ie~s,
~'he #otal area of parcels ~ and 2 eomis~ed is ~ D.40 acres, more or less. ~ -
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BY
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~~HIBIT A
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November ~ 8, 201 ~ ~~ ~UC~C~~C111t
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A parcel being a portion a~ Lot 1, Block 1 of Brandt Subdivision recorded in l3oak 59 of Plus at
Pages 5785 and 5786, situated in a portion of the South ~~ of the Sou~ea~t'%4 afSeetion 23,
Township 4 North, Range 1 Vest, Boise Meridian, A.da bounty, Idaho, being more particularly
desartbed as follows;
~on~mencing at the section ~~mer cornrnon #o Sections 23, ~~, 25 ,and 2b of said Township and
Rang~c; thence along the section line conunon to said Seotipns 23 anti 26 North $93$'47" Vest
987.74 feet #o the ptl~x C1~ Xi~~n~N~NC; #hence continuing along said section die
North 89°38'47" Vest X609,23 feet; thence departiag from said sec~on line
North 00°27'9"East 841.15 feet; thence
South 8941'45"Fast 272.00 feet; thence
North Ot}°27'09"Fast 47991 feet to the north line of said south % of southeast'/ of Section 23,
thence along said north lire ,
South $9°41'45"East 1393,15 feet; thence depa~ing from said north line
South Q4°48'23" West 9Q3.94 feet; thence
South Ofl°42'47" West 35.95 feet; thence
North 89°41'25"'~eSt 50,71 feet; thence
South X0°22'17"West 382.60 feet to the P~~NT Ult 8~~~'~iN~l~~, ,
. Said parcel contains 46,9? acres, rnoxe or less.
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BY
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WORKS Q~PT. ~ . ~,r~'~~~jlo
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i9~9 W, Ove~and . • Boise. I[3 83x05 • Phone (?AB) 344.0091 • 1=rnt (208j 342-002 • www.quadran~,cc
Cml ~t~~nesrin~ •, Stsveying ~ Cans#rcction Management
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Order Nurnber; A1198599 STlLP
For value received,
ADA COUNTY RECORDER Christopher d. Rich AMOUNT 96.00 3
BOISE IDAHd 02129/2012 41:59 AM
DEPUTY Bonnie OberbiNigI' !
S6np1iG[e ElectroNc Recording ~ I'~~I) l~lf VIII i~l~ illlil IIII I~fl~ ~~~ Il~~~ I~~ A~~~I ~~~ ~~
RECORD$D-REQUEST OF I M
71TLEONE BOISE '17 2018255
'V~larranty Deed
Seat Sea, LC,O, an Idaho ilmited lla~ilitycornpany
the grantor, does hereby grant, bargain, sell, and convey unto
.,
fibs flub of Spurwing, LLC, an Idaho limited Ilabillty company
whose current address is 3408 ~, Overland Road, Ste X50, Nierldlan Idaho 83642
the grantee, the following described premises, in Ada County, Idaho, to wi#~
A parcel of land located in the South half of the Sou#heasf quarter of Section 23, Townshl 4 North Ran e 1 UIIes
~ ~ g #,
Boise Meridian, Ada County, Idaho, being a portion of Lat 1 in dock 1 of Brandt Subdivision accordin fo the
l # hereof g OffiClai
p a # , filed in Boak 59 of Plats at Pages 8786 and 5786, records of Ada Count idah'o bein Parce
Y~ ~ lAof
Record of Survey No. 751 ~ recorded August 11, 2006 as Instrument Na, ~ 05129474, more articular! described as
folbws; p Y
Commencing at a ~ointa marking the corner common to Section 23, 24, 25 and 26, Townshi 4 North Ran e 1 e
Boise Mer'd'a p 0 ~ sf'
~ ~ n, from which the quarter corner common fo said Sections 23 and 26 bears
North 89°38'47" vest, 2629,97 feed thence,along the centerline of N, Linder Rand
North 00°47'29" bast, 40,00 feet to a point on the centerline of N~ Linder Road, thence
North 89°39'09"Kest, 60,0 feet to apaint onthe northerly rJght,af=way line of 1IIr, Chinden Boulevard thence aloe
the said northerly line the fatiowin courses; 9
g
Northwesterly along said curve to the left having a radius of 34417,48 feet, an arc ten th of 21,21 feet throe h a
central an le of Q°02'07" ~ ~ g
g and a chard bearing and distance of North 89°37'43" Uvesf, 21,21 fee#; thence, on a line
tangent from said curve,
North S9°38'47" Uvest, 986,82 feet to the point of BegJnning; thence continuing along said norther! lane
North 89°38'47" West 1609,1 T feef #o he ~ Y ,
# westerly line of said Lat ~; fhence,~alang the westerly line of sold lo# 1,
North OQ°27'09" East, 801 A6 feet; thence along fhe southerly and easterly line of a arcs! of land described in Dee
Instrument Na, 90 ~ ~ d
~ ~ 8387, retards of Ada County, Idaho, the following courses;
South 89°41'45" East, 27240 feet; thence
North 00°27'09" fast, 480,Q4 feet to fhe northerly line of said Lof 1; thence, along said Wort her! JJne
South 89 °41 `4b" Easf 1393,14 fee o Y
# # the npr~westerly carnet of Lot 10, Black 1, Brandt Subdivision; thence, along
the westerly line of dots 10, 9, 8, 7 and 6, Block 1 of said subdivision, .
South 00°48`23" West, 903,94 feet to the southwesterly comer of said Lot 6; thence
South 00°42'47" West, 38,95 feet; thence,
Nash 89°41'25" West, 50,71 feet; thence,
South 00°22'17" West, 34260 feef to the Polnf of Beginning,
Excepting ~"herefram:
~~~~~ ~~~
title & escto~w C4,
Order Number, A1198599 STlLP
Warran#v Deed
Por value received,
~~~ ~ ~~ fah.
~~V~ORpORA~"~~ ~ ~4~V
Sea 2 Sea, LLC, an Idaho limited liabilr'ty company
the grantor, does hereby grant, bargain, self, and convey unto
The Olub at Spurwing, t.~,C, an Idaho fir~lte~ liabllifycQmpany
whose current address is 3495 E. Overland Raad, Ste 159, Meridian, Idaho 83642
the grantee, the following described premises, in Ada County, Idaho, to wits
A parcel of land located in the South half of the Southeast quarter of Section 23, Township 4 North, Ran e 9 west,
Boise Meridian Ada Count 1 ~ ~ • ~ ~ g
y, daha, bung a por#~on of Lot ~ in Black 9 of Brandt Subd~v~s~on, according to the aff~c~al
plat thereof, filed. in Book 59 of Plats at pages 5785 and 5786, records of Ada County, Idaho, being Marcel A of
Record of Survey No~ ?511 recorded August 11, 2096 as Instrument No.106129474, more parficularfy described as
follows,
Commencing at a paint, marking the corner common to Section 23, 24, 25 and 26, Township 4 North, Range 1 West,
Boise Meridian, from which the quarter corner common to said Sections 23 and 26 bears
North 89°38'4?"West, 2929.9? feet; thence,alang the centerline of N. Linder Raad
North 00°4x'29" East, 40,00 feet to a point on the centerline of N, Linder Road; thence
North 89°39'09" Nest, 60,01 feet to a point on the northerly right~of~r~ay line of W, Chinden Boulevard; thence, abn
the said northerl line the fallawin courses: ~
Y 9
Northwesterly along said curare to the left having a radius of 3441?.Q8 feet, an arc length of 21,21 feet, through a
central angle of 0°02'0?" and a chord bearing and distance of North 89°3x'43" vlrest, 21.21 fee#; thence, on a line
tangent from said curve,
North 89°38'4?" West, 906.82 feet to the Point of Beginning; thence continuing along said northerly line,
North Sg°38'47"West, 1609,7 feetto the westerly line of said Lot 1; thence, afong the gyres#erly line of Bald Lot 1,
North 00°27`09" East, $01,06 feet; thence along the southerly and easterly line of a parcel of land described in Deed
Instrument No,10112838x, records of Ada County, Idaho, the following courses;
South $9°41'45" East, 2x200 feet; thence
North 09°27'09" East, 480,00 feet to the northerly fine of said Lot 1;thence, along said northerly line
South 89°49'45"East, 1393,1 feet to the northwesterly corner of Lot 10,131ock 1, Brandt Subdivision; thence, alon
the westerl fine of Lots 10 9 8 ?and 6 Black ` ' ' ~
y , , , 1 of said subdiv~s~on,
South 00°48`23" vilest, 9x3,94 feet to the southwesterly corner of said Lot 6; thence
South 00°42'41"West, 35,95 feet; thence,
North 89°49'25" Uvest, 50.?9 feet; thence,
South 00°22'9?" Test, 342,60 feet to the 1"'oint of Beginning,
Excepting Therefrom,
A tract of land conveyed to the State of Idaho, Idaho Transportation Department, by a Uvarranty Deed recorded May
19, 201 ~ as Instrument No,11 ~ 041346, records of Ada County, Idaho, being a part ofi Lot 1 in Black ~ of Brandt
SubdlVlsion, according to the official pla# thereof, filed in Book 59 of Plats at Pages 5785 and 5?$6, records of Ada
County, Idaho, situated in the Sautheast quarter of the Southeast quarter of Sectron 23, Township ~ North, Range 1
West, Raise lUieridlan, Ada County, Idaho, described as follows
Commencing at an aluminium cap which monuments the Southeast corner of said Section ~3, which bears South
89°38'43" Bast a distance of 2530,00 feet from an aluminium cap which monuments the South quarter corner of said
Section 2fi, thence following the Southerly line of said Sautheast quarter of the Southeas# quarter
North 89°38'43 vilest a distance of 58775 feet to a point; thence leaving said Southerly line
North 0°22'21" East a distance of 40.00 feet to a point on the Northerly right-of way line of ~I. Chinden Boulevard
and being the Point of Beginning; thence following said Northerly nigh#-of-way line
Noah 89°38'43" west a distance of 577,22 feet to a point; thence leaving said Northerly right-af~way line
North 0°21'17" East a distance of 34.00 fleet to a point; thence
South 89°38'43'' East a distance of 577.23 feet to a poin#; thence
South 0°22'21" vilest a distance of 30.00 feet the Paint afi Beginning,
To have and to hold the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever.
And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of
said premises; that they are free tram all encumbrances except those to which this conveyance is expressly made
subject and those made, suffered ar done by the Grantee; and sub#ect to a((existing pa#ent reservations, easements,
rights} of way, protective covenants, zoning ordinances, and applicable building caries, laws and regulations,
general taxes and assessments, including irrigation and utility assessments cif any} far the current year, which are not
due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever, vVhenever the
context so requiresf~th~ singular number includes the plural
Dated; February 28: ~Za 12
Sea ~ Sea; LLC,,an i ho limited liability company
/~ ,~,
BY. Fo~athill ~ ~ igh# , .L,C., an Idaho limited liability compan ,Its. Tana in Member
Y 95
BY:
Creston Thornton
Manager
S~'ATE ~F Idaho
County of Ada)
ss.
C}n this ~' da off' Februar~T 201 ~ be~'o~•e me the unders~ ed a Nota~• Pub1~c ~n and
Jy 3 ~ ~ 7
for said State, personally appeared Creston ~`hornton, known or identified to me to be the
tanager o~Foothill knights, L.L.C., said lzmited liability company known to nee to be the
I1~anaging ~Ule~.ber off' Sea 2 Sea, LLC, the limited liability company that executed the instruznent
and acknowledged to nee that he executed the same for and on behalf of said ii~nited liability
cornpany and ti~at said limited liability con~pany executed on behalf of Sea 2 Sear, L~,C, and that
saxd limited liability company executed it.
~N wzTNESS w~1~~OF, l have iaereunto set ~y hand and affixed my of~~cial seal the
day and yea~• in this ce~~ti~cate First above written,
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~ICTA1~.~ PU1~L1C ~`ar ld ~;
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