Termination & Release of Development AgreementWhen recorded, please return to:
City Clerk
CITY OF MERIDIAN
33 E. Broadway
Meridian, Idaho 83642
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT
This Termination and Release of Development Agreement ("Termination") made by the City of Meridian, an
Idaho municipal corporation ("City") for the benefit of Settlers Park, LLC, an Idaho limited liability company, and
successors and assigns ("Owner").
WHEREAS, City entered into that certain Development Agreement with Owner's predecessor-in-title dated
May 6, 2002, and recorded in the real property records of Ada County, Idaho, on or about June 14, 2002, as Instrument
No. 102067381 ("Development Agreement") as a condition of annexation and initial zoning (as R-4) of approximately
100.71 acres of real property ("DA Property");
WHEREAS, City adopted an ordinance to rezone (from R-4 to R-15) a portion of the DA Property consisting
of approximately 2.4 acres, legally described in Exhibit A hereto ("Released Property"), following a public hearing on
or about December 21, 2004, before the Meridian City Council (Case No. RZ-04-014) ("2004 Rezone"), which
superseded the initial zoning and related Development Agreement as to the Released Property;
WHEREAS, City desires to execute and record this Termination to memorialize that the Development
Agreement is no longer of any force or effect as to the Released Property as of the 2004 Rezone.
NOW, THEREFORE, in consideration of the recitals above, City declares and confirms that, as of the 2004
Rezone, the Development Agreement is hereby terminated and no longer of any force or effect whatsoever as to
the Released Property.
IN WITNESS WHEREOF, the parties have executed this Termination effective as of the day of
.2012.
CITY:
CITY OF MERIDIAN, an Idaho municipal
corporation
By:
Mayor Tammy de Weerd
OWNER:
SETTLERS PARK, LLC, an Idaho limited
liability company
B:
avi Alex der, ging ember
ATTEST:
Jaycee L. Holman, City Clerk
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT - 1
1571516-1
STATE OF IDAHO
County of Ada
:ss.
On this _ _day of ~ _ , 2012, before the undersigned notary public in and for the said
state, personally appeared Tammy de Weerd and Jaycee L Holman, known or identified to me to be the Mayor and City
Clerk of the City of Meridian and the persons who executed and attested the foregoing instrument on behalf of said
City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
Notary Publi aho
Residing at:
My Commission Expires:
STATE OF IDAHO
County of Ada
:ss.
On this ff~day of ol~~ j~1~.r , 2012, before the undersigned notary public in and for the said
state, personally appeared David Alexander, known or identified to me to be the person who executed the foregoing
instrument on behalf of said Owner and acknowledged to me that said Owner executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
~ G M.N.~
~'~ ~O~ARY ~s
~.• ~ No Public aho
~G O ~ Residing at: 6
~ PUBS' ~~'~~•• My Commission Expires:
~,srq~ o ~9,.•°
•.._
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT - 2
1571516-1
EXHIBIT A
Released Property
Leal Description
Mulberry Subdivision ~t Settlers Perk
A parcel located in the SE %. of Section 36, Township 4 North, Range 1 West, Boise Meridian,
City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at an aluminum cap monument marking the southeast corner of said SE % of
Section 36, from which a brass cap monument marking the northeast corner of said SE'/4 bears
N 0°51'23° E a distance of 2650.21 feet;
Thence N 0°51'23" E along the easterly boundary of said SE'/< a distance of 1123.94 feet to a
point;
Thence leaving said easterly boundary N 89°10'45" W a distance of 70.00 feet to a 518 inch
diameter iron pin and the POINT OF BEGINNING;
Thence N 89° 10'45" W a distance of 390.10 feet to a 5/8 inch diameter iron pin;
Thence N 0°51'23" E a distance of 200.59 feet to a 5/8 inch diameter iron pin on the southerly
boundary of Cedar Springs Subdivision No. 2 as shown in Book 86 of Plats on Page 9732,
records of Ada County, Idaho;
Thence along said southerly boundary the following described courses;
Thence N 19°38'54" W a distance of 47.85 feet to a 518 inch diameter iron pin;
Thence N 70°21'06" E a distance of 30.36 feet to a 5/8 inch diameter iron pin;
Thence a distance of 99.72 feet along the arc of a 280.00 foot radius curve right, said
curve having a central angle of 20°24'15" and a long chord bearing N 80°33'13" E a
distance of 99.19 feet to a 5/8 inch diameter iron pin;
Thence S 89°14'50" E a distance of 56.89 feet to a 5!8 inch diameter iron pin;
Thence S 83°05'50" E a distance of 50.29 feet to a 5/8 inch diameter iron pin;
Thence S 86°21'50" E a distance of 131.71 feet to a 518 inch diameter iron pin;
Thence S 89°14'39" E a distance of 22.34 feet to a 5!8 inch diameter iron pin;
Thence S 44°11'38" E a distance of 28.31 feet to a 5/8 inch diameter iron pin;
Thence S 0°51'20" W a distance of 241.99 feet to the POINT OF aP~ Lq,yo
BEGINNING; ,._`~~0 r.\STfn G
This parcel contains 2.40 acres and is subject to any o - - <
easements existing or in use. a 11118 A
Clinton W. Hansen, PLS ~ m9 SI3l~l oP ~2
Land Solutions, PC ~tiP ~ 0 F \ P~`'
May 31, 2012 ~NW.N
Mulberry Subdivision
~~~ ;D11;1'~71'!)'95 Job No. 1232
/lan° wrwybiy ana ca,sumnq
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT - 3
1571516-1
NGI NEERI NG
planning and engineering communities for the future
OLUTI~NS«P
To: Mr. Bill Nary
Meridian City Attorney
33 E. Broadway
Meridian, ID 83642
We are sending you:
1029 N. Rosario Street, Suite 100
Meridian, ID 83642
Phone: (208) 938-0980
Fax: (208) 938-0941
E-mail: es-sharis@gwestoffice.net
LETTER OF TRANSMITTAL
Date:
Project Name:
Project Number:
September 20, 2012
Mulberry Subdivision
120306
Co ies Dated Descri tion
1 Termination and Release of Development Agreement -Original
Executed by Developer
These are transmitted as indicated below:
For A royal A roved as Submitted Submit for Distribution
For Your Information A roved as Noted Return Corrected Prints
X As Re uested Returned for Corrections For Pre-Construction
For Review and Comment Price X Si natures Re uired
For Bids Due: Resubmit for A royal
Remarks:
Bill:
As discussed with the applicant's attorney, please include this agreement as an action item for the City Council
meeting of September 25, 2012. Thank you!
Co to: Si ned:
Beck McKa
~r v