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ApplicationMayor Tammy de Weerd City Council Members: E IDIAN Keith Bird i+ Brad Hoaglun Charles Rountree D A H O David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: January 8, 2012 Transmittal Date: December 17, 2012 File No.: MDA 12-009 Hearing Date: January 15, 2013 Request: Public Hearing: Modification to the Development Agreement for Southridge By: The Land Group Location of Property or Project: south of W. Overland Road between S. Ten Mile Road and S. Linder Road Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (No VAR, VAC, FP) Building Department/ Rick Jackson Fire Department Police Department City Attorney City Public Works / Scott Steckline City Planner City Engineer Economic Dev. (CUP only) Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control / Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org E IDIAN - Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit STAFF USE ONLY: ❑ Conditional Use Permit Modification O ❑ Design Review File numbers : JLC ,,V Development Agreement Modification ❑ Final Plat � � r74,y ❑ Final Plat Modification Project name: -, ❑ Planned Unit Development Date filed: Date complete: ❑ Preliminary Plat Assigned Planner: i L , ❑ Private Street g 1 l ,a , c t ) ❑ Rezone Related files: ❑ Short plat ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment Hearing date: ❑ Commission ❑ ❑ Vacation (Council) ❑ Variance Council ❑ Other Applicant Information Applicant name: L401 t> %_g V UC \ , ( � Q' Phone:pl �Jq' 4A Fax: q39 -- Applicant address -4(02 T--- S+f-Ma M , eTkGte Zip: _ E-mail:i CO Gt50' 1wt ffrm�v ► A . Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned Wther 4AtG�T U Owner name: JM,U L-" Q Le CdW let s Phone: Fax: Owner address: Zip: E-mail: Agent name (e.g., architect, engineer, developer, representative): , ft56-�4 -beK5 ffV— Firm name l C� � 6 �� N C Phone— ci Fax: CI3CI-4500 Address: VAOC—1 E Zip:93(ol(t E-mailvCiS!9 Q at01-cr Primary contact is: )dAp,�p-llicfant ❑ Owner ❑ Agent ❑ Other Contact name: 3"OIVDeR , si�.� Phone: CB0J^444( Fax:C13 9-44 Contact address: 4(02Cr C,�ky{F _bq_ , ONGLe Zip: n6 Ko E-mail:QJ Q �i5 �►t 1� V COVAc ect Property Information Location/street address:5cq rn —c -_)F Q0, 0-,rEVL*M'b M (L� �' Assessor's parcel number(s): f1A l,(. t" l"P l�E. 5 , L1� r Township, range, section: Current land use: Total acreage: Current zoning district: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11129111) 0 Project/subdivision name: General description of proposed project/request: Proposed zoning district(s): r Acres of each zone proposed: Type of use proposed (check all that apply): X Residential kCommercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: ulAson Oms u, Applicant signature: OVA&& 0ZdW--- Date: &r, 6, wz_ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 11129/11) THE LAND GROUP, INC. December 6, 2012 Ms. Sonya Watters Meridian Development Services Planning Division 33 E. Broadway Avenue Meridian, ID 83642 Re: Application for the SouthRidge Subdivision concerning Modification of the Development Agreements — AZ -06-031, MDA -08-004 Dear Ms. Watters: We are pleased to submit the enclosed application associated with the SouthRidge Subdivision, located south of W. Overland Road between S. Ten Mile Road and S. Linder Road. This application requests approval of a Development Agreement Modification. Collectively, this Development Agreement Modification is proposed by all of the owners of the subject property. They are: • Linder 109, LLC. — 225 N. 9' St., Ste 820, Boise, ID 83702 • Meridian Library District, - 1326 W. Cherry Lane, Meridian, ID 83642 • Joint School District No. 2, 1303 E. Central Dr., Meridian, ID 83642 • Mission Investment Fund of the Evangelical Lutheran Church in America, 8765 W. Higgins Rd., Chicago, IL 60631 • DBTV, LLC., 209 W. Main St., Boise, ID 83702 • Corey Barton Homes, Inc., 1977 E. Overland Rd., Meridian, ID 83642 • Cabra Creek, LLC., 2228 W. Piazza St. , Meridian, ID 83646 The Land Group is pleased to represent these owners as the applicant for this request. Background The City of Meridian approved and entered into a Development Agreement regarding the Southridge Subdivision in 2007. Subsequently, properties within the development have transferred ownership and Several of these new owners have submitted applications to the City which presented alternate development plans for specific parcels than what was contemplated by the original development agreement. The original development agreement was previously modified associated with changes to the Mission Investment Fund property, and that modification was recorded in 2011. Around the same time, Cabra Creek submitted to the City for applications associated with a portion of the properties owned by them — resulting in an independent Development Agreement specific to the area of the property near to the Ten Mile / Overland Rd intersection. When this development 01 Site Planning - Landscape Architecture - Civil Engineering • Golf Course Irrigation & Engineering - Graphic Design - Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 - P 208.939.4041- F 208.939.4445 • www.thelandgroupinc.com December 6, 2012 Page 2 of 3 agreement was created, the affected property was not removed from the original Southridge DA so both agreements are presently affecting the property. Similarly, DBTV has submitted applications associated with their intended development of an apartment development on a portion of the property encompassed in the original Southridge DA. Upon City approval of the apartment project, a separate DA was created specific to the DBTV property. This new DA removed the DBTV property from the original Southridge DA. Purposes of Modification The enclosed application for Development Agreement Modification proposes a Development Agreement which will entirely replace the original Development Agreement (AZ 06-031) and the previous Development Agreement Modification (MDA 08-004). This proposed modified Development Agreement does not replace or alter the Development Agreement recorded by Cabra Creek, LLC (RZ 09-006) or the Development Agreement recorded by DBTV, LLC (RZ 11- 002). This Development Agreement Modification proposes modifications to the Southridge Development Agreement (as previously modified) to accomplish the following general changes: 1. Acknowledge that the DBTV property is governed by a separate Development Agreement and is no longer subject to the original Southridge DA, or its subsequent modifications. 2. Acknowledge that a portion of the Cabra Creek property is governerd by a separate Development Agreement, and that the balance of the Cabra Creek property is expected to develop in a manner inconsistent with the original Southridge DA. At such time that Cabra Creek receives City approval for alternative land uses and enters into a separate Development Agreement specific to those uses, the Cabra Creek properties will no longer be subject to this modified DA. 3. Acknowledge that specific parcels currently owned by Linder 109 have been proposed for civic uses, which may or may not come to reality. In the event that Parcel 8 is developed a as a fire station (or other specific uses as described in the proposed DA modification), these properties will become excluded from the DA. 4. Provide for the exclusion of single family residential lots from the Development Agreement once they have been platted. 5. Assign specific Conditions (per Section 6) of the Development Agreement to the particular parcels and/or owner to which the condition applies. Because the original Southridge DA was created at a time when Linder 109 owned the entirety of the property, it was appropriate that the conditions applied globally to the developer. Now that there are multiple property owners within the project, it is essential that all parties have clear understandings of responsibility for the conditions governing development of the property. 6. Clarify that the Compliance Period/ Consent to Rezone (Section 7) is specific to each individual owner and that a default by one owner does not constitute a default with respect to the other owners and their properties. *1 Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 - Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com December 6, 2012 Page 3 of 3 We appreciate the City Staff's assistance as we have worked to assemble this application and write the proposed Development Agreement Modification. We are confident that the proposed modifications benefit both the property owners and the City, and will facilitate the effective development and governance of the project as it continues moving forward. We appreciate the opportunity to present this application and look forward to providing any additional information required for City of Meridian City application process. If you have any questions, please do not hesitate to contact me via email to iason(c�theland�roupinc.com or phone at 208-939-4041. Sincerely, J oensmer Principal & Project Engineer The Land Group, Inc. Enclosures - Development Agreement Modification Application and specified supporting attachments 0 Site Planning • Landscape Architecture • Civil Engineering - Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 - P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) (name) (address) YUl 1> ( g -:!" 6 �. (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: The Land Group (name) 462 E. Shore Dr. (address) to submit the accompanying application(s) pertaining to that property. Eaqle, ID 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this t: day of Rt- a -P -r,. [�: , 20 1'z- ' nature) SUBSCRIBED AND SWORN to before me the day and year first above written. �yrmes ®� KOLA♦ �'44'��`� `•�c!> ; (Notary Public for Idaho) Residing at: s o • �, s -:PUBS,-"A"113 * My Commission Expires: OF�♦• 4'ANIta0* AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) b4tv.LLe I, �•n o �br w• Sc vna -9 s f. Co s t L4/, H- Jr— M a d h h (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: The Land Group 462 E. Shore Dr., Eagle, ID (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 17 t % day of 6 c lab -1— , 20 1 Z (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. •some&* '• KOl��, ;•0��` `,J' ; (Notary Public for Idaho) • ' e •V V Q T)�eiding at: s'1 ALiy Commission Expires: 0-F ��'wsa** AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) L,•,d�- 100% , t_Lc 4 y W . (name) (city) being first duly sworn upon, oath, depose and say: Gi5Z w, Ha/ -P Mees I., (address) (state) That I am the record owner of the property described on the attached, and I grant my permission to: The Land Group 462 E. Shore Dr., Eagle, ID (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 1-7 016% day of 0 c "; A 4i , 20 1 'i_ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. •*,soon... ��;. (Notary Public for Idaho) ■ , ` Y W"✓ ®Residing at: • •� AbVM1G-+% 4, �" +++gig o� ;'� My Commission Expires: p-�S -� �_ AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, Meridian Library District 1326 W. Cherry Lane Meridian (name) Idaho M42 s) (city) (state) being first duly sworn upon, oath, depose and say: _ That I am the record owner of the property described on the attached, and I grant my permission to: The Land Group 462 E. Shore Dr., Eagle, ID (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 1-7 day of Ocko b r , 20 P1i irL. \ i&4 o2, (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. 112'1a'a�-� - - - (Notary Pftlicfo�r Idaho) t Residing at:AA of khftMy Commission Expires: &L/t /' �l(��57- AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) p _ (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: The Land Group 462 E. Shore Dr., Eagle, ID (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this /7 day of UA,trq , 20 I ?--- (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. .••`""""'•.• (N ary Public for Idaho) sislesios ;•`,t�,.i' ON Residing at: V40T r ...• My Commission Expires: Z11 �/ r J, pU B G 9 •••••'•. Tie OF IOP•`,,, STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST ta,,�. (name) (address), (city) (state) . being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: The Land Group 462 E. Shore Dr., Eagle, ID (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this Cf day of�Jd'o20 t (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ,. ,DN/y (Notary Public or Idaho) 900 Residing at: TT DARLING My Commission Expires: RESIDING: EAGLE, ID COMMISSION S. 114W13 PUS: y�1 TF O� f., tj5ei AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I �o� Sc�� •D is`�R�c� Pa. z 1 03 E. �,rNJ-izA Q (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: �$c��1+a���e 5��os, s,�.) The Land Group , 462 E. Shore Dr., Eagle, ID (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 2 q day of ®C�yZtQ , 20 12 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above writte . 0���i(Notary Public for Idaho) �OT444 losses% AR r q� Residing at: o& My Commission Expires: --3".V- 15 m1w 3E S�.rt•� Soh yA CONFERENCE REPORT Project. S A Pro PA, Date/Time: ��,� (, Z0/2 Job Status: 4r PhS. ZZ ITEMS DISCUSSED THE LAND GROUP, INC. Document Type N Date Lvl2 Yr. OZMo. C6 Day Employee or Agency WIGbi diak twl y Project Nuftftr I I Zo3o Meeting Location: Attending: i�Gvrlop�,r,�cf A5,,wf • � 2 - �'1'1c�[ifica tioK. [7uf� r rta / Cvti dihavt s 1Z-6- shovId MAk-G a lis f C' O ilial OA Good i fi'o ns — wi f l� �t 95uwrf�`'ai �� wh itl, s�uv owhcv is vlow v�pa✓!s%�1�. Maxi— Gvoimon TGlvud F V &14d %PJ-?' ACTION REQUIRED F .50H ya W gill Al Trw, ack 6014) l�uSor� l�rs� bA i. mw tom SIGNED: Landscape Architecture . Site Planning • Civil Engineering . Golf Course Irrigation & Engineering - Graphic Design • Surveying 462 E. Shore Drive, Ste. 100 Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com CA • WI oD PA. • MoA PA. Duk. C414 (,Akvk 120ry ejtJw4A. Libv" • Amund 4 �i✓haa I ° d SON 0� CON t�q'd plan Gvidt�i+'t�. %hli. s!Z 31 t7A avCU Cc: V &14d %PJ-?' ACTION REQUIRED F .50H ya W gill Al Trw, ack 6014) l�uSor� l�rs� bA i. mw tom SIGNED: Landscape Architecture . Site Planning • Civil Engineering . Golf Course Irrigation & Engineering - Graphic Design • Surveying 462 E. Shore Drive, Ste. 100 Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com M, co N 4-0 cz co O C Pe GIN GIN Ual E 'c EE U 00� �s c= � c n.M m V; L E ca�--° O U) 0 c � E CL LO J C L LM N p1 V Iff � L. N m � ° o d a a u O > �o •2 a U) m as 13 can 0OQP �. M r n Q '1 CL � a °' .2400 >+ IL IL Q) S 4.0 V q CL ,� d w rJ Q 0 d N N "� �. D R ' � � , � r1 1 ' N N N 0 N a coo t OE 00 2 t 0 t 0 _ a at 0� Co z J J � O C0 d in C N M Q til fp 1� GO C� O N 0 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. nw NoV. 30, tot 2. Appli an agent signature Date DEVELOPMENT AGREEMENT MODIFICATION PARTIES: 1. City of Meridian 2. Linder 109, LLC, Owner 3. Meridian Library District, Owner 4. Joint School District No. 2, Owner 5. Mission Investment Fund of the Evangelical Lutheran Church in America, Owner 6. DBTV, LLC, Owner 7. Corey Barton Homes, Inc., Owner 8. Cabra Creek, LLC, Owner THIS DEVELOPMENT AGREEMENT MODIFICATION (this "Agreement"), is made and entered into this day of , 2013, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', whose address is 33 East Broadway Avenue, Meridian, Idaho 83642 and Linder 109, LLC, whose address is 225 N. 9t' Street, Suite 820, Boise, Idaho 83702; Meridian Library District, whose address is 1326 W. Cherry Lane, Meridian, ID 83642; Joint School District No. 2, whose address is 1303 E. Central Drive, Meridian, Idaho 83642; Mission Investment Fund of the Evangelical Lutheran Church in America, whose address is 8765 W. Higgins Road, Chicago, Illinois 60631; DBTV, LLC, whose address is 209 W Main Street, Boise, ID 83702; Corey Barton Homes, Inc. whose address is 1977 E. Overland Road, Meridian, Idaho 83642; and Cabra Creek, LLC whose address is 2228 W. Piazza Street, Meridian, Idaho 83646, hereinafter called "OWNERS". 1 RECITALS: 1.1 WHEREAS, Owners entered into the original Development Agreement (instrument #107074205), approved on May 17, 2007 and recorded on May 24, 2007 on the land described in Exhibit "A"; and 1.2 WHEREAS, the Owners entered into a modification of the original Development Agreement (instrument #I 11102269), approved on December 13, 2011 and recorded on December 13, 2011 on the land described in Exhibit "A"; and 1.3 WHEREAS, Cabra Creek, LLC, the Owner of a portion of the Property entered into a Development Agreement (instrument #111046512), approved on June 7, 2011 and recorded on June 8, 2011 on the land described in Exhibit `B"; and Development Agreement Modification — Southridge Page 1 of 16 MDA xx-xxx 1.4 WHEREAS, DBTV, LLC, the Owner of a portion of the Property entered into a Development Agreement (instrument #111099621), approved on November 21, 2011 and recorded on December 7, 2011 on the land described in Exhibit "C"; and 5 WHEREAS, Owners deems it to be in its best interest to enter into this Development Agreement Modification and acknowledges that this Agreement replaces the original Development Agreement (instrument #107074205) and its previous Development Agreement Modification (instrument #111102269) in its entirety. This Development Agreement modification does not replace or modify in any way that certain Development Agreement by Cabra Creek, LLC (instrument #111046512) on the land described in Exhibit "B"; and 1.6 WHEREAS, this Development Agreement Modification was entered into voluntarily by the Owners at their urging and request; and 7 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tracts 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; and 1.8 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owners make a written commitment concerning the use or development of the subject Property; and 1.9 WHEREAS, City has exercised its statutory authority by the enactment of Meridian City Code Section 11, Unified Development Code (UDC), which authorizes development agreements upon the annexation and/or re -zoning of land; and 10 WHEREAS, Owners were granted annexation and zoning of the Property's described in Exhibit A, with a designations of R-2 (Low Density Residential District), R-4 (Low Density Residential District), R-8 (Medium Density Residential District), TN -C (Traditional Neighborhood Center District), L -O (Limited Office District) and TN -R (Traditional Neighborhood Residential District), (Municipal Code of the City of Meridian); and 11 WHEREAS, Owners 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 1.12 WHEREAS, record of the proceedings for the requested annexation and zoning designation and the request for a modification of the Development Agreement of the subject Property held 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 Development Agreement Modification — Southridge Page 2 of 16 MDA xx-XXX 1.13 WHEREAS, City requires the Owners to enter into a development agreement modification 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 to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11, and the approved Ten Mile Interchange Specific Area Plan (adopted June, 2007). 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 Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS: means and refers to Linder 109, LLC, whose address is 225 N. 9th Street, Suite 820, Boise, ID 83702; the Meridian Library District, whose address is 1326 West Cherry Lane, Meridian, Idaho 83642; and Joint School District No. 2., whose address is 1303 E. Central Drive, Meridian, Idaho 83642; Mission Investment Fund of the Evangelical Lutheran Church in America, whose address is 8765 W. Higgins Road, Chicago, Illinois 60631; DBTV, LLC, whose address is 209 W Main Street, Boise, ID 83702; Corey Barton Homes, Inc. whose address is 1977 E. Overland Road, Meridian, Idaho 83642; and Cabra Creek, LLC whose address is 2228 W. Piazza Street, Meridian, Idaho 83646, the parties developing said Property and shall include any subsequent owner(s) of the Property. Development Agreement Modification — Southridge Page 3 of 16 MDA xx-xxx 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 having been annexed and zoned R-2 (Low Density Residential District), R-4 (Low Density Residential District), R-8 (Medium Density Residential District), TN -C (Traditional Neighborhood Center District), L -O (Limited Office District), TN -R (Traditional Neighborhood Residential District) and C -C (Community Business), attached hereto and by this reference incorporated herein as if set forth at length. 3.4 CABRA PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit B describing the parcels having been annexed and zoned C -C (Community Business), R-8 (Medium Density Residential District), TN -R (Traditional Neighborhood Residential District) and M -E (Mixed Employment), attached hereto and by this reference incorporated herein as if set forth at length. 3.5 CBH PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit E, attached hereto and by this reference incorporated herein as if set forth at length. 3.6 DBTV PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit C describing the parcels having been annexed and zoned R-15 (Medium high-density Residential District), attached hereto and by this reference incorporated herein as if set forth at length. 3.7 LINDER 109 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit F, attached hereto and incorporated herein as if set forth at length. 3.8 PARCELS NUMBERED ONE THROUGH TEN (1-10) INCLUSIVE: means and refers to those certain parcel(s) of Property located in the County of Ada, City of Meridian as identified by that certain Property Boundary Adjustment Survey (instrument #109045733) prepared for Linder 109, LLC and recorded on April 22, 2009 as Record of Survey No. 8550, attached hereto as Exhibit D and by this reference incorporated herein as if set forth at length. Development Agreement Modification — Southridge Page 4 of 16 MDA xx-xxx 4 PROPERTIES TO BE REMOVED FROM DEVELOPMENT AGREEMENT: 4.1 CABRA PROPERTY: Prior to development of the Cabra Property, the Owner of the Cabra Property shall obtain the City's approval for the rezoning of the property and a Development Agreement specific to the uses proposed by the Owner and accepted by the City. Upon approval by the City and recording of such a Development Agreement, the Cabra Property shall not be subject to this Development Agreement. Unless otherwise specifically modified, the Cabra Property shall remain subject to all conditions of that specific Development Agreement (instrument #111046512), approved on June 7, 2011 and recorded on June 8, 2011. 4.2 DBTV PROPERTY: The DBTV Property shall not be subject to this Development Agreement. DBTV, LLC and the City have entered into a separate Development Agreement governing development of the DBTV Property, said Development Agreement (instrument #11109962 1) having been approved on November 21, 2011 and recorded on December 7, 2011. 4.3 LINDER 109 PROPERTY: In the event that Parcel 8 is developed as a fire station, or as an alternative land use as described by Section 6.4.3 the property shall automatically become excluded from this Development Agreement. In the event that the portion of Parcel 7 lying west of Parcel 8 and adjacent to Overland and Ten Mile Roads is developed as a park and ride area as described by Section 6.4.2 and becomes the property of the Ada County Highway District or other similar agency, or if the property is developed as an alternative land use as described by Section 6.4.2.4, the property shall become automatically excluded from this Development Agreement. 4.4 SINGLE FAMILY RESIDENTIAL PROPERTIES: Upon the recording of a final plat for a phase of development, the single family residential lots and common areas created by that final plat shall become automatically excluded from this Development Agreement. 5 USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Unified Development Code Section 11-2A- 2, 11-213-2 and 11-2D-2, as follows: 5.1 Construction and development of a minimum of 1,000 residential units on the property and a maximum of 1,286 residential dwelling units on the property, unless otherwise specifically approved by the City Council through subsequent applications. Development Agreement Modification — Southridge Page 5 of 16 MDA xx-xxx 5.2 Construction and development of: SouthRidge Development Agreement Densities Residential Lots / Units R-2 On Parcels 1, 3, & 7 438 R-4 R-8 Apartments (R-15) on DBTV Pro erty 598 Beacon At SouthRid e (TN -C on Parcel 2 250 Total 1 286 Commercial /Retail /Community Village Center 5 C -Store (Ten Mile / Overland) 3 Limited Office 5 Fire Station Parcel 1 School 1 Library 1 Total 16 Grand Total 1,302 5.2.1 on approximately 236.84 acres in the R-2, R-4, R-8, R-15, TN -R, and TN -C zones; 5.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 6 CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 Owners shall develop the Property in accordance with the following special conditions: 6.1.1 That all future development 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. 6.1.2 That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development (building permit submittal). Development Agreement Modification — Southridge Page 6 of 16 MDA xx-XXX 6.1.3 That development of all parcels shall be consistent with the adopted Ten Mile Area Specific Plan, as submitted and approved by the City. No variances to lot dimensions, setbacks or block lengths shall be requested as part of the development or platting of the parcels. 6.1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of building permit submittal. All lots shall comply with the standard lot size, setbacks, and street frontage requirements of the R-2, R-4, R-8, R-15, TN -C and TN -R zones established in the UDC. 6.1.5 That all future development of the TN -C and TN -R zoned lots with frontage on Overland Road or Linder Road, be subject to Design Review approval; that all TN -C zoned lots except for the public library, and the two 1 -story wings attached to the 4 -story assisted living facility on Parcel 2, develop consistent with UDC standards for the TN -C zone and that all commercial buildings in the TN -C zone be located between the public street and the parking lot (as shown on the revised master concept plan dated October 10, 2008, attached as Exhibit A.3 to instrument #111102269). 6.1.6 That Owners shall be allowed to submit development application(s) that may not be contiguous with any previously submitted or approved development phase(s) or plats within the development. 6.1.7 That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code, except for those Parcels 2, 5, and 8 which may not require platting [as a result of realignment of four legally buildable parcels via the Property Boundary Adjustment survey (instrument #109045733)]. 6.1.8 That, subject to ACHD approval, a maximum of five public street accesses, and up to two driveways, to Overland Road will be allowed on this site (not including the fire station). 6.1.9 That the applicant shall release any interest the subject properties may have in existing private road easements for Windy Ridge Lane and/or Old Thorn Lane as the areas are developed and/or platted. That the applicant agrees that they will not be allowed to record lots that are currently encumbered by private lane easements, until said easements are vacated. 6.1.10 That the Owner will be responsible for all costs associated with extension of sewer and water services. Development Agreement Modification — Southridge Page 7 of 16 MDA xx-xxx 6.1.11 That all internal landscaping shall be installed as each parcel develops or final plats, prior to occupancy of any structure within each phase. 6.1.12 That street buffer landscaping shall be installed as follows: 6.1.12.1 the street buffer adjacent to Linder Road on Parcel 1 in the TN -R zone shall be installed with the first final plat for phase 1; 6.1.12.2 all street buffer landscaping adjacent to Linder Road on Parcel 3 shall be installed with the first development application for Parcel 3; 6.1.12.3 all street buffer landscaping adjacent to Overland Road and Ten Mile Road on Parcel 7 shall be installed with the first development application for Parcel 7; 6.1.12.4 street buffer landscaping adjacent to Overland Road on Parcel 8 shall be installed with the development of Parcel 8; 6.1.12.5 At this time, the UDC does not require street buffer landscaping in the TN -C district; if the UDC changes in the future and street buffers are required, the applicant shall comply with standards in effect at the time of development. 6.1.13 That the applicant shall comply with all adopted state and federal air and dust particulate emission standards. The applicant shall make all reasonable attempts to abate (mitigate) dust settling on adjacent properties generated by the development of the property. The applicant shall keep a water truck on site at all times during construction activity, unless otherwise allowed by authorized city staff, and the applicant shall use said truck to abate the emission of dust. 6.2 The Owner of the CABRA PROPERTY shall develop the CABRA PROPERTY in accordance with the following special conditions: 6.2.1 As approved by Meridian City Council (per Development Agreement recorded as instrument number 111046512), one right-in/right-out access to Ten Mile Road is permitted subject to approval by ACHD and incorporating the following safety considerations: a deceleration lane; construction of medians to prevent left-hand turn exits; and any other safety items that ACHD would see fit, subject to ACHD's engineering and traffic engineer approval. 6.2.2 That due to the fact that there is no existing feed for the new high pressure water zone created by development of the CABRA PROPERTY, prior to development the Owner shall install a domestic water booster station and donate a well site on the south side of the Ridenbaugh Canal at the location as coordinated with the City's Public Works Department. Development Agreement Modification — Southridge Page 8 of 16 MDA xx-XXX 6.3 The Owner of the CBH PROPERTY shall develop the CBH PROPERTY in accordance with the following special conditions: 6.3.1 That the Owner will construct a 10 -foot wide multi -use pathway through the site generally consistent with the applicant's interconnectivity plan from Linder Road to the park and continuing to Ten Mile Road. The multi -use pathway shall be installed as follows: 6.3.1.1 The portion of the pathway on Parcels 1, 3 and 7 where not adjacent to Linder Rd or Overland Rd shall be constructed concurrently with the improvements for each phase of development containing that specific portion of the pathway. 6.3.1.2 The portion of the pathway adjacent to Linder Rd on Parcel 3 shall be constructed with installation of street buffer landscaping per Section 6.1.12.2. 6.3.1.3 The portion of the pathway adjacent to Overland Rd on Parcels 7 and 8 shall be constructed with installation of street buffer landscaping per Section 6.1.12.3 and 6.1.12.4. 6.3.1.4 The city will require additional multi -use pathways that are consistent with the City's Pathways Plan, generally along the Ridenbaugh Canal and/or within the Northwest Pipeline (Williams Pipeline) easement, as the parcels develop. 6.3.2 That, subject to ACHD approval, a maximum of two public street accesses, and no direct lot access or driveways, to Linder Road will be allowed on this site. 6.3.3 That the Owner agrees to provide at least the following amenities: a community clubhouse, pool area, and tot lot; and any other amenities required by the Commission and/or Council at the public hearings. 6.3.4 That the park lot, private clubhouse and pool shall be constructed on Parcel 1 prior to occupancy of the 3001h single family residential dwelling developed on Parcels 1, 3 and 7. 6.3.5 That any future buildable lot shall not be encumbered by the existing Northwest Pipeline (Williams Pipeline) easement that bisects this property. 6.3.6 That a public street system be constructed on the site that is in general compliance with the submitted revised Overall Master Concept Plan (conceptual Project Master Development Plan), prepared by The Land Group, Inc., labeled sheet 1, dated October 10, 2008. Detailed review and approval of the internal street systems will occur with the development or platting of each phase. Development Agreement Modification — Southridge Page 9 of 16 MDA xx-XXX 6.3.6.1 That a public street stub shall be provided to at least one of the 5 - acre lots in Val Vista Subdivision, when the applicable/adjacent portion of Parcel 7 is platted. Said stub street shall be located near the west property line of Parcel 7. 6.3.6.2 That a public street stub shall be provided to either Parcel #51223233905 or 451223234100, when Parcel 7 is platted. 6.3.7 That the height of homes on the southern border shared with Val Vista Subdivision and Aspen Cove Subdivision, lying west of the Ridenbaugh Canal, be limited to a maximum height of 22 feet above the native grade at the shared property line with Val Vista Subdivision or Aspen Cove Subdivision , to the average height of the highest roof surface. 6.3.8 That the number of building lots along the southern property boundary abutting the lots in Val Vista Subdivision shall be the same as approved with the original conceptual development plan. 6.3.9 That lots along the southern border shared with Val Vista Subdivision and Aspen Cove Subdivision provide a 50 -foot rear setback. 6.3.10 That prior to the signature of the final plat for each phase of development, the applicant shall submit and obtain Design Review approval (if established); or submit and obtain City Council approval (or a development agreement modification) of plans that propose specific and detailed architectural guidelines for this development and that address (at a minimum) variety in structures within a block, building mass, building materials, rooflines, colors, and architectural styles. 6.4 The Owner of the LINDER 109 PROPERTY shall develop the LINDER 109 PROPERTY in accordance with the following special conditions: 6.4.1 That the applicant shall incorporate and build at least one transit stop, including benches and covers in coordination with the requirements of the transit authority concurrent with the development of the village center at Overland Road and Linder Road. Said transit stop shall be completed prior to occupancy of the first building within this village center. If the transit authority determines that this location is not suitable for a transit stop and provides written confirmation of this determination, the applicant shall be relieved of this obligation. 6.4.2 That the applicant shall incorporate and construct a park and ride area on the portion of Parcel 7 lying west of Parcel 8 and adjacent to Overland and Ten Mile Roads, subject to Development Agreement Modification — Southridge Page 10 of 16 MDA xx-XXX 6.4.2.1 Subject to purchase of the property by the Ada County Highway District for purposes of a park and ride area; and 6.4.2.2 Agreement by the Ada County Highway District to pay for necessary improvements associated with development of the parcel for purposes of a park and ride area. 6.4.2.3 In the event that 6.4.2.1, 6.4.2.2 and 6.4.2.3 do not occur, the applicant shall be allowed to pursue alternative land uses for the property that are consistent with its location at the intersection of principal arterial roadways. Upon approval of an alternative land use, the properties shall automatically be excluded from this Development Agreement. 6.4.3 That the applicant shall offer Parcel 8 to the local fire district for purposes of a fire station. If, in the event that the fire district has no need for a station at this location, or that the applicant and fire district cannot reach an acceptable purchase and sale agreement, the applicant shall be allowed to pursue alternative land uses for Parcel 8 consistent with its location at the intersection of principal arterial roadways. Upon approval of an alternative land use, Parcel 8 shall automatically be excluded from this Development Agreement. 7 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 Owners or Owners' successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within ten 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 recodifications thereof. 8 CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Upon default, Owners consent with respect to their own property to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the City provide written notice of any failure to comply with this Agreement to Owners and if the Owners fails to cure such failure within six (6) months of such notice INSPECTION: Owners 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 Development Agreement and all other ordinances of the City that apply to said Development. Development Agreement Modification — Southridge Page 11 of 16 MDA xx-XXX 10 DEFAULT: 10.1 In the event Owners, Owner's 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 modified or terminated by the City with respect to that Owner's property upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by City of any default by Owners 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. 11 REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's cost, and submit proof of such recording to Owner, 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. 12 ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 13 REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owners, 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. 13.1 In the event of a material breach of this Agreement, the parties agree that City and 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. 13.2 In the event the performance of any covenant to be performed hereunder by either 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 Development Agreement Modification — Southridge Page 12 of 16 MDA xx-xxx extended by the amount of time of such delay. 14 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, to insure that installation of the improvements, which the Owner agrees to provide, if required by the City. 15 CERTIFICATE OF OCCUPANCY: The Owner agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner 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. 16 ABIDE BY ALL CITY ORDINANCES: That Owner agrees 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 contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17 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: c/o City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNERS: Linder 109, LLC 225 N. 9th Street, Suite 820 Boise, Idaho 83702 Meridian Library District 1326 West Cherry Lane Meridian, Idaho 83646 Joint School District No. 2 1303 E. Central Drive Meridian, Idaho 83642 Development Agreement Modification — Southridge MDA xx-xxx Corey Barton Homes, Inc. 1977 E. Overland Road Meridian, Idaho 83642 DBTV,LLC 6152 W. Half Moon Lane Eagle, Idaho 83616 Cabra Creek, LLC 2228 W. Piazza Street Meridian, Idaho 83646 Page 13 of 16 Mission Investment Fund of the Evangelical Lutheran Church in America 8765 W. Higgins Road Chicago, Illinois 60631 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 17.1 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. 18 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. 19 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. 20 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 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, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner have fully performed its obligations under this Agreement. 21 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. Development Agreement Modification — Southridge Page 14 of 16 MDA xx-xxx 22 FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner 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 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. 22.1 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. 23 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 Modification — Southridge Page 15 of 16 MDA xx-XXX ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: LINDER 109, LLC Timothy W. Eck, Managing Member MERIDIAN LIBRARY DISTRICT By: JOINT SCHOOL DISTRICT NO.2 By: MISSION INVESTMENT FUND OF THE ENVANGELICAL LUTHERAN CHURCH IN AMERICA Harvey Olson, Vice President Development Agreement Modification — Southridge MDA xx-XXX DBTV,LLC By: EAMI, LLC, Manager Corey Barton Homes, Inc. Cabra Creek, LLC By: Mike McCollum, Manager CITY OF MERIDIAN By: Mayor Tammy de Weerd ATTEST: Jaycee L. Holman, City Clerk Page 16 of 16 STATE OF IDAHO ) ss County of Ada ) On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Timothy W. Eck, known or identified to me to be the Managing Member of Linder 109, LLC, who executed the instrument and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of DBTV, LLC, who executed the instrument and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: Development Agreement Modification — Southridge Page 17 of 5 MDA xx-xxx STATE OF IDAHO ) ss County of Ada On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Corey Barton Homes, Inc., who executed the instrument and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Mike McCollum, known or identified to me to be the Manager of Cabra Creek, LLC, who executed the instrument and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) Development Agreement Modification — Southridge Page 18 of 5 MDA xx-XXX : ss County of Ada On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Meridian Library District, who executed the instrument and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Joint School District, No. 2, who executed the instrument and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) : ss Development Agreement Modification — Southridge Page 19 of 5 MDA xx-XXX County of Ada On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Harvey Olson, known or identified to me to be the Vice President of Mission Investment Fund of the Evangelical Lutheran Church in America, who executed the instrument and acknowledged to me that he executed the same on behalf of such church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this day of , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: Development Agreement Modification — Southridge Page 20 of 5 MDA xx-xxx EXHIBIT A PROPERTY January 23, 2007 Project No. 05021 Legal Description Southridge Subdivision 290.87 acres THE LANA GROUP, INC. EXHIBIT "A" A tract of land situated in the North One Half and the Northeast One Quarter of the Southeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found 5/8 -inch steel pin monumenting the Northeast Corner of said Section 23 on the centerline of Linder Road being the POINT OF BEGINNING. Thence following the easterly line of said Section 23 and the centerline of said Linder Road, South 00°41'26" West a distance of 639.61 feet to a found 5/8 -inch steel pin; Thence leaving said easterly line and said centerline, North 89°19'41" West a distance of 199.25 feet to a found 5/8 -inch steel pin; Thence South 00°41'26" West a distance of 250.00 feet to a point; Thence South 89°19'41" East a distance of 199.25 feet to a found 5/8 -inch steel pin on said easterly line and said centerline; Thence following said easterly line and said centerline South 00°41'26" West a distance of 1,741.04 feet to a point; Thence leaving said easterly line and said centerline, North 89°02'56" West a distance of 283.72 feet to a point on the centerline of the Ridenbaugh Canal; Thence following the centerline of said Ridenbaugh Canal the following fifteen courses; 323.51 feet following the arc of a non tangent curve to the left, said curve having a radius of 631.24 feet, a central angle of 29°21'51 ", a chord bearing of North 44°43'07" West and a chord distance of 319.98 feet to a point; North 59059'27" West a distance of 73.72 feet to a point; 90.21 feet following the arc a circular curve to the left, said curve having a radius of 120.00 feet, a central angle of 43104'24", a chord bearing of North 8103 1'39" West and a chord distance of 88.10 feet to a point: South 76°56'09" West a distance of 93.79 feet to a point; 83.95 feet following the are a circular curve to the right, said curve having a radius of 100.00 feet, a central angle of 48106'06", a chord bearing of North 79°00'48" West and a chord distance of 81.51 feet to a point: Jr L+sdieape ArrlJihd++re • Sim Plnu++ixg •Citi/ENgincenng • Goff Comae 1 nigntion & L+gineedig • Grnbhie Com -wan irnrian 46213. Shore Drive, Stc. 100, Nigle, Idaho 83616 • P 208.939.4041 F208.939.4445 • w��nv.ticlanclpraupjn�.com 0:\CAU\liagic Trinsfer files\05021\Admin\I..cgals\]..i_060504cdwarcls_05021aniiexl.doc Nlk /20 moi THE LAND GROUP, INC. North 5415745" West a distance of 108.31 feet to a point; 90.18 feet following the arc a circular curve to the left, said curve having a radius of 120.00 feet, a central angle of 43°03'30", a chord bearing of North 76129'30" West and a chord distance of 88.07 feet to a point: South 81158'45" West a distance of 380.01 feet to a point; 160.45 feet following the arc a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 619712", a chord bearing of South 51 °20'09" West and a chord distance of 152.91 feet to a point: South 20°41'33" West a distance of 216.91 feet to a point; 262.75 feet following the arc a circular curve to the right, said curve having a radius of 420.00 feet, a central angle of 35°50'36", a chord bearing of South 38°36'51" West and a chord distance of 258.48 feet to a point: South 56°32'09" West a distance of 343.51 feet to a point; 166.04 feet following the arc a circular curve to the right, said curve having a radius of 64.63 feet, a central angle of 147°12'00", a chord bearing of North 49°51'51" West and a chord distance of 124.00 feet to a point: North 23°44'15" East a distance of 142.00 feet to a point; North 32°06'19" East a distance of 219.83 feet to a point on the southerly line of the North One Half of said Section 23; Thence leaving said centerline and following said southerly line, North 89102'56" West a distance of 712.43 feet to a found 5/8 -inch steel pin monumenting the Center One Quarter of said Section 23; Thence following said southerly line, North 8900417" West a distance of 1,832.01 feet to a found 1/2 -inch steel pin; Thence leaving said southerly line, North 22°09'32" West a distance of 520.19 feet to a found 1/2 -inch steel pin; Thence North 89116'08" West a distance of 630.49 feet to a point on the westerly line of said Section 23 on the centerline of Ten Mile Road; Thence following the westerly line of said Section 23 and the centerline of said Ten Mile Road, North 00°56'19" East a distance of 1,510.78 feet to a point; Thence leaving said westerly line and said centerline, South 89°03'37" East a distance of 25.00 feet to a point; Thence South 34°11'02" East a distance of 255.76 feet to a point; Thence South 21"08'47" East a distance of 141.89 feet to a point; Thence South 21146'52" East a distance of 332.62 feet to a point; Thence North 01124'08" East a distance of 111.80 feet to a point; Thence North 05120'23" East a distance of 201.34 feet to a point; Thence North 13110'43" East a distance of 138.68 feet to a point; Thence North 26°09'07" West a distance of 330.77 feet to a point; / 2 Ilrvdanpe Arthiredrrra • Site Ple mnirlq • Civil Eq s Golf Conrre Irri rlion ¢T Gr{giuening # Gm/rlrir Coi>rnaruicnliov 462 E. Shorc Drive, Ste. 100,1:agle, Idaho 83616 • 11208.939.4041 F 208.939.4445 • u-\vwathclantigroupinc.umt O:\CAD\l:ag,c'1'm,mfer Files\05021\Admin\1.cgals\1,1.-060504edward 05021anncxLtloc THE LAND GROUP, INC. Thence North 14°01'47" West a distance of 273.94 feet to a point; Thence North 13111'58" East a distance of 166.51 feet to a point; Thence North 37°00'03" East a distance of 149.62 feet to a point oil the northerly line of said Section 23 and the centerline of Overland Road; Thence following the northerly line of said Section 23 and the centerline of said Overland Road, South 89°15'27" East a distance of 1,024.45 feet to a found 5/8 - inch steel pin monumenting the West One Sixteenth Corner of said Section 23 and Section 14, Township 3 North, Range 1 West, Boise Meridian; Thence following said northerly line and said centerline, South 89°14'25" East a distance of 1,326.15 feet to a found brass cap monumenting the North One Quarter of said Section 23; Thence following said northerly line and said centerline, South 89°19'41" East a distance of 665.41 feet to a point; Thence leaving said northerly line and said centerline, South 00°38'49" West a distance of 888.62 feet to a found 5/8 -inch steel pin; Thence South 89119'29° East a distance of 250.00 feet to a found 5/8 -inch steel pin; Thence North 00°38'49" East a distance of 888.64 feet to a point on said northerly line and said centerline; Thence following said northerly line and said centerline, South 89°19'41" East a distance of 1,746.32 feet the POINT OF BEGINNING. The above-described tract of land contains 297.03 acres, more or less, subject to all existing easements and rights-of-way. EXCEPTING THEREFROM: A tract of land situated in the Northwest One Quarter of the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northwest Corner of said Section 23, thence following the northerly line of said Northwest One Quarter of the Northwest One Quarter, South 89"15'27" East a distance of 1,125.68 feet to a point; Thence leaving said northerly line, South 0004433" West a distance of 396.34 feet to a point on the centerline of the Ridenbaugh Canal being the POINT OF BEGINNING. Thence following the centerline of said Ridenbaugh Canal the following two courses: South 73°37'50" East a distance of 153.03 feet to a point; Lrndscape An-bilcdnre • Sia Plonninq a Civil Engineedig • Colf Conn 1mgnlion & L-ugi i rinq • GmpMe Coomu/nicn/ion 462 F.. Shore Drive, Ste. 100, [sa0c, Tdaho 83616.1' 208.939.4041 F208.939.4445 • w%vw.thclatitin•oul-)itic.cum 0ACAD\Eng1c'1'ransfcr l'ilc,\05021\Admin\l..cgnls\Ll._060504cdwards_05021anncxLdoc %►:�. " lop - THE LAND GROUP, INC. South 63°48'13" East a distance of 58.44 feet to a point on the easterly line of said Northwest One Quarter of the Northwest One Quarter ; Thence leaving said centerline and following said easterly line, South 00°47'25" West a distance of 854.34 feet to a found 5/8 -inch steel pin monumenting the Southeast Corner of said Northwest One Quarter of the Northwest One Quarter; Thence leaving said easterly line and following the southerly line of said Northwest One Quarter of the Northwest One Quarter, North 89109'38" West a distance of 450.00 feet to a point; Thence leaving said southerly line, North 00°46'43" East a distance of 302.18 feet to a point; Thence North 65139'49" East a distance of 276.09 feet to a point; Thence North 00146'43" East a distance of 500.71 feet to the POINT OF BEGINNING. The above-described excepted tract of land contains 6.16 acres, more or less, subject to all existing easements and rights-of-way. The total area of said parcel contains 290.87 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) 4 Jr Ilmdreape Andylectme • Sile Planing • CaYl Exgmeen q • Golf Coursel"igalion & Engineeriq • Graphic Co mnrnirnliau 462 H. Shore Drive, Stc. 100, Eagle, Idaho 83616 • 11208,939-4041 h 208.939.4445 • www.thdancleroupinc.u�m 0ACAMEIngle Tinn4cr Piles\05021 \Admin\1.cgals\LL_060504ed\varcls_05021anncxl.dcx EXHIBIT B CABRA PROPERTY July 6, 2010 Project No. 110075 Southridge Development Agreement Modification West Side 64.52 Acres THE LAND GROUP, INC. Exhibit "A" Page 1 of 2 A tract of land situated in the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a brass cap monumenting the West One Quarter of said Section 23 on the centerline of South Ten Mile Road, from which a brass cap monumenting the Northwest Corner of said Section 23 bears North 00'56'19" East a distance of 2,629.48 feet; Thence following the westerly line of said Section 23 and the centerline of said South Ten Mile Road, North 00'56'19" East a distance of 717.25 feet to the POINT OF BEGINNING; Thence following said westerly line and said centerline, North 00`56'19" East a distance of 1,912.23 feet to a brass cap monumenting the Northwest Corner of said Section 23; Thence leaving said said westerly line and said centerline and following the northerly line of said Section 23, South 89`15'27" East a distance of 1,326.21 feet to a 5/8 -inch steel pin monumenting the West One Sixteenth Corner of said Section 23; Thence following said northerly line, South 89°14'25" East a distance of 1,146.80 feet to a point on the centerline of West Overland Road; Thence leaving said northerly line and following said centerline, 1,407.14 feet along the arc of a circular curve to the left, said curve having a radius of 1,000.00 feet, a central angle of 8003724", a chord bearing of South 50°26'53" West and a chord distance of 1,293.89 feet to a point; Thence following said centerline, South 10'08'10" West a distance of 241.46 feet to a point; AT Landscape Architectirre # Site Planning a Civil Engineering • Golf Coarse Irrigation & Engineering • Graphic Commrnication 261 Canyon Crest Drive, Twin Falls, Idaho 8330111208-733-4041, F208-733-4045 • www.thelandg[6upinc.com G:\2010\110075\Admin\Legals\L 10706 SouthridgeWest 110075.doc W►q ' A-0116 , Page 2 of 2 r*i " W w� r THE LAND GROUP, INC. Thence following said centerline, 1,406.65 feet along the arc of a circular curve to the right, said curve having a radius of 1,000.00 feet, a central angle of 80'35'42", a chord bearing of South 50°26'01" West and a chord distance of 1,293.51 feet to a point; Thence following said centerline, North 8916'08" West a distance of 466.86 feet to the POINT OF BEGINNING. The above-described tract of land contains 64.52 acres, more or less, subject to any existing easements or rights-of-way. This legal description is for informational purposes only. it is not intended to be used for the transfer of title of the above described parcel. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE�� EAGLE, IDAHO 83616 208-939-4041 a a12459J 208-939-4045 (FAX) r I_1nd,rr*e Architecture • Site Planning • Civil Engineering •Golf Course Ivrigation ds Engrneeriug *Graphic Conrmmrication 261 Canyon Crest Drive, Twin Falls, Idaho 8330111208-733-4041, F208-733-4045 a www.thelandgroupinc.com G:\2010\110075\Admin\Legals\L 10706 SouthridgeWest 110075.doc \ � � piN puej�= M XZ•Z l6l 3„ 61,99.ON plaou GIN Uel •g OR gI�I 0V, - V= V= Z5 m � 0 8-12 >70 Q CD M -fes W .0 W E N W 0) Q Hill �; —19Z'L lL -- 3„61,99.0N d w rn \ ZW N tn OU W V) z � Q Lu M In O p O S N N N tV) V M N °O \ O M = W \N Z O) la l O 0 N ��1 O 0 N / CU U -0 r CD ' F 14 b f cu W U I o cu C 0 b Z O M N 00 C CU O N q O Fob- V o g. tSS N z N \ � � piN puej�= M XZ•Z l6l 3„ 61,99.ON plaou GIN Uel •g OR gI�I 0V, - V= V= Z5 m � 0 8-12 >70 Q CD M -fes W .0 W E N W 0) Q Hill �; —19Z'L lL -- 3„61,99.0N d w rn \ ZW N tn OU W V) z � Q Lu M In O p O S N N N tV) V Z O) la l W Lq ��1 N N ca W F 14 F 0 W U _ o 00 00 C W N q O 0 o g. E - z � N v \ � � piN puej�= M XZ•Z l6l 3„ 61,99.ON plaou GIN Uel •g OR gI�I 0V, - V= V= Z5 m � 0 8-12 >70 Q CD M -fes W .0 W E N W 0) Q Hill �; —19Z'L lL -- 3„61,99.0N d w rn \ ZW N tn OU W V) Title: Southridge East Date: 07-06-2010 Scale: l inch = 400 feet File: Tract 1: 64.518 Acres: 2810395 Sy Feet: Closure = n37.351 lw 0.01 Feet: Precision >1/999999: Perimeter = 7907 Feet L0RD.093724OOI=n00.5619e 1912.23 .=53w,C�12=38007=n89.1608w 466.86 002=s89.1527e 1326.21 005R=�s10.0810w 241.46 003=s89.1425e 1146.80 s g=s5o.26o°1°w° NE -M85 EXHIBIT C DBTV PROPERTY V.7 /M ' *�1 ter.: THE LAND GROUP, INC. August 22, 2011 Project No. 111052 Rezone 42.36 acres A tract of land situated in a portion of the Northeast One Quarter of the Northwest One Quarter and a portion of the Northwest One Quarter of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at the North One Quarter Corner of said Section 23 on the centerline of West Overland Road which bears North 8919'41" West a distance of 2,661.73 feet from the Northeast Corner of said Section 23, thence following the northerly line of the Northeast One Quarter of said Section 23, South 89'1941" East a distance of 665.41 feet to a point; Thence leaving said northerly line and said centerline, South 00°38'49" West a distance of 888.62 feet to a point; Thence South 89019'29" East a distance of 250.00 feet to a point; Thence South 0038'49" West a distance of 137.22 feet to a point; Thence South 28°4956" West a distance of 49.47 feet to a point; Thence 60.56 feet following the arc of a non tangent curve to the right, said curve having a radius of 293.15 feet, a central angle of 11°50'08", a chord bearing of South 56°02'38" East and a chord distance of 60.45 feet to a point; Thence South 18°41'27" West a distance of 180.38 feet to a point; Thence 113.77 feet following the arc of a circular curve to the right, said curve having a radius of 195-00 feet, a central angle of 33025'46", a chord bearing of South 35°24'20" West and a chord distance of 112.17 feet to a point; Thence South 52°07'13" West a distance of 118.95 feet to a point; Thence South 35°23'08" West a distance of 26.28 feet to a point; Thence South 52007'13" West a distance of 50.00 feet to a point; Thence South 5203'57" West a distance of 114.78 feet to a point on the northerly right-of-way line of the Ridenbaugh Canal; L-widscape Architeaxv • Site Planning • Civil Engineering • Golf Course Irrigation & Engineering a Graphic Communication 462 F,,. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F208.939.4445 • www.thelandgroupinc.com G:\2011\111052\.Admin\I egals\I, 110822 Rezone 111052.doc Page] of 3 THE LAND GROUP, INC. Thence following the northerly right-of-way line of said Ridenbaugh Canal the following two (2) courses: North 37"52'47" West a distance of 37.00 feet to a point; 316.45 feet following the arc of a circular curve to the left, said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of North 8312'27" West and a chord distance of 284.46 feet to a point; Thence leaving said northerly right-of-way line, North 5631'59" West a distance of 159.58 feet to a point on said northerly right-of-way line; Thence following said northerly right-of-way line the following eight (8) courses: North 0328'17" West a distance of 188.54 feet to a point; North 8631'43" East a distance of 10.00 feet to a point; 276.48 feet following the arc of a non tangent curve to the left, said curve having a radius of 230.00 feet, a central angle of 6852'24", a chord bearing of North 3754'29" West and a chord distance of 260.13 feet to a point; North 72°20'41" West a distance of 150.79 feet to a point; 46.42 feet following the arc of a circular curve to the right, said curve having a radius of 320.00 feet, a central angle of 08018'42", a chord bearing of North 68°11'20" West and a chord distance of 46.38 feet to a point; North 64°01'59" West a distance of 330.62 feet to a point; 14.24 feet following the arc of a circular curve to the right, said curve having a radius of 320.00 feet, a central angle of 02°32'56", a chord bearing of North 6245'31" West and a chord distance of 14.23 feet to a point; North 61°29'03" West a distance of 118.75 feet to a point; Thence leaving said northerly right-of-way line, South 00'48'16" West a distance of 90.36 feet to a point on the centerline of said Ridenbaugh Canal; FFA Lnnticccrpe Architectmre Site Planning Civil Engineering • Golf Coarse Irrigation & Engineering • Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • 11208.939.4041 h 208.939.4445 • www.thelandMQinc.com GA2011\111052\Admin\Legals\I, 110822 Rezone 111052.doc Page 2 of 3 THE LAND GROUP, INC. Thence following the centerline of said Ridenbaugh Canal the following three (3) courses: North 61029'03" West a distance of 150.70 feet to a point; 320.04 feet following the arc of a circular curve to the left, said curve having a radius of 375.00 feet, a central angle of 48°5357", a chord bearing of North 85056'02" West and a chord distance of 310.42 feet to a point; South 6937'00" West a distance of 100.85 feet to a point on the centerline of said West Overland Road; Thence leaving said centerline of Ridenbaugh Canal and following the said centerline of West Overland Road, 1,372.30 feet following the arc of a circular curve to the right, said curve having a radius of 1,000.00 feet, a central angle of 78*37`37", a chord bearing of North 51°26'46" East and a chord distance of 1,267.13 feet to a point; Thence following said centerline and the northerly line of the Northwest One Quarter of said Section 23, South 89"14'25" East a distance of 179.35 feet to the POINT OF BEGINNING. The above-described tract of land contains 42.36 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) 1 $.'y2.2011 Land tape Architecture • Sile Planning • CinilEngineering • Golf Come Irrigation & Engineering • GraphVi Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com G:\2011\111052\Admin\l,cgals\L 110822 Rezone 111052.doc Page 3 of 3 lftqwswm—�M�ffl� 0 007 0 a w i2a o m0 Z a A ��0 o \� azo \ \\ SO*38*49*W 88f _ Cry ctpn CT S —+ C :�E (D m o UJ Z tis ' to C? \\ V ¢ O t0 r*i C: Amo to 51841?�W oWN 18038, .l (pCL a CD N pWOp �a N N � � W 7 - Q � N ENGINEER/SURVEYOR PROJECT INFORMATION I, '�!+ TM A aRov>e; Southridge Rezone w- �/r �r� .Landscape Architecfure prt` /� .Cited Engineering �V'r +Site Planning -M Course Communication & B'nyineer4ng Rezone Exhibit � .Graphic Communication Land Su—orng 46P B Shore A:, Egg1e /g. 63616 C,/it of Meridian Idaho Phone (206J 939-4041 Pas (206) 939-4445 Y �r .,.,.,,team",as,...,,:�..,a a `p s m J. m . � rn � z � NK CA ft z� \ o pN� rn �fZ i-J .i 1 "=300' 08/22/2011 111052 1 of 2 (� CA7 f� fmm*I —i •cCp�n •�" $c`COn u v S O po O pop O S S S Cn CC/1 0 (D V ig N o ? '�= �'Z p�p Oo a U V V a` 2 C) n C N W � N W OD W t71 V gtii N 0 Z Cr CD NLq OA�4�fY i� ! N a10 .(,P,� N rN3 ? d b(-,.� o w Of NW+ O O V O pp a Z G7 0 007 0 a w i2a o m0 Z a A ��0 o \� azo \ \\ SO*38*49*W 88f _ Cry ctpn CT S —+ C :�E (D m o UJ Z tis ' to C? \\ V ¢ O t0 r*i C: Amo to 51841?�W oWN 18038, .l (pCL a CD N pWOp �a N N � � W 7 - Q � N ENGINEER/SURVEYOR PROJECT INFORMATION I, '�!+ TM A aRov>e; Southridge Rezone w- �/r �r� .Landscape Architecfure prt` /� .Cited Engineering �V'r +Site Planning -M Course Communication & B'nyineer4ng Rezone Exhibit � .Graphic Communication Land Su—orng 46P B Shore A:, Egg1e /g. 63616 C,/it of Meridian Idaho Phone (206J 939-4041 Pas (206) 939-4445 Y �r .,.,.,,team",as,...,,:�..,a a `p s m J. m . � rn � z � NK CA ft z� \ o pN� rn �fZ i-J .i 1 "=300' 08/22/2011 111052 1 of 2 Title: Date: 08-22-2011 Scale: 1 inch = 300 feet File: Tract 1: 42.355 Acres: 1845004 Sq Feet: Closure = sl7.3746w 0.02 Feet: Precision =1/290725: Perimeter = 6518 Feet 001=589.1941e 665.41 011=s52.0713w 50.00 021=n64.0159w 330.62 002=s00.3849w 8$8.62 012=s52.0357w 114.78 0 g mei ss w06, e!,, -022.3256 003=s89.1929e 250.00 013=n37.5247w 37.00 023=n61.2903w 118.75 004=s00.3849w 137.22 gnL83120wD23920 024=s00.4816w 90.36 005=s28.4956w 49.47 015=n56.3159w 159.58 025=n61.2903w 150.70 006: Rt, R=293.15 De11a=11.5008 Bng si6.0238e, C1td=60.45 016-11a3.2$17w 1$8.511 026-L8S 56 21:tDd lta= 8,5357 007=s18.4127w 180.38 017=n86.3143e 10.00 027=s69.3700w 100.85 008: Rt R=195.00 Delta 33.2546 Bng=s35.V290w,Cthd=112.17 O18: Lt R=230.00 Delt9= 8.5224 Bng ;42 028 ! R=1000.00, Delta=78.3737 Bng� 1.2646e,Chd 1267.13 B, 009=s,52.9713w,118.95 019,,=n72 20...41w 150.79 029,=s89..1425e 179.35, , . 010=s35.2308w 26.28 B%Rt R=320.00 D=46.38.1842 ng�68.1120w, C�hd=46.38 EXHIBIT D PROPERTY BOUNDARY ADJUSTMENT SURVEY N = e1.;: e N C \" l_ O C :� O c Vm�nc- v Cl) O EE �BD, o w 0- N n V N b OQCD Tj 0 C N 00 0 �"�000� --E z / 0 cn a r / C v) a w l', m��co Z `per • nl nl O •� fs o= = e1.;: e N C \" l_ O C :� O y� Vm�nc- v 0 Ts (n (D EE �BD, o w 0- Z rnU co t- OQCD Tj 0 C N 00 0 �"�000� --E z / 0 cn a r / C v) a w l', m��co Z I 21 l I< o No N�n ro IBf9 3.6b,92.00N w � �i r — ,Zl'9f9 M.64,9£.00S i OR pg EE �BD, o w Lwti / 2 r / fill r b w l', I I _ 9NINUG !0 SISVO . ....... ...�8. .L9'OS9Z M.9Zd4.OOS............................ .W'L9Ll r— a a d osz .................... MOIL' ...... 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DAVID NAVARRO AMOUNT 31.00 1 BOISE IDAHO 04122/09 02:06 PM DEPUTY Che Fowler RECORDED REQUEST OF The LandGroup 109045733 SURVEY RECORDING SHEET SURVEY NO. 8550 INSTRUMENT NO. 109045733 NAME OF SURVEY : Linder 109 PBA survey SURVEYOR Aaron L Ballard AT THE REQUEST OF : The Land Group COMMENTS N 2 Sec 23 NW a SE + Sec 23 T3N R1W EXHIBIT E CBH PROPERTY Parcel 1 as shown on ROS 8550 (per Exhibit E1 as attached), EXCLUDING THEREFROM Southridge Subdivision Phase 1, a recorded plat on file at Book 104, Pages 14056 through 14063, Records of Ada County, Idaho TOGETHER WITH Parcel 3 as shown on ROS 8550 (per Exhibit E2 as attached), TOGETHER WITH Parcel 7 as shown on ROS 8550 (per Exhibit E3 as attached), EXCLUDING THEREFROM Parcel 7A as described in Exhibit E4 as attached. TOGETHER WITH Lots 1 through 22 of Block 3, and Lots 1 through 22 of Block 4 and Lots 1 through 10 of Block 5 and Lots 1 through 9 of Block 6, Southridge Subdivision Phase 1, a recorded plat on file at Book 104, Pages 14056 through 14063, Records of Ada County, Idaho September 2, 2008 Project No. 06361 Legal Description Record of Survey Parcel 1 Linder 109, LLC. 71.89 acres WE 01 - Exhibit E1 AWA =4 THE LAND GROUP, INC. EXHIBIT "A" A tract of land situated in the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 1/2 -inch steel pin monumenting the Northeast Corner of said Section 23 on the centerline of West Overland Road, from which a found brass cap monumenting the North One Quarter of said Section 23 bears North 89°19'41" West a distance of 2,661.73 feet; Thence following the northerly line of said Section 23 and the centerline of said West Overland Road, North 89°19'41" West a distance of 78.01 feet to a point; Thence leaving said northerly line and said centerline, South 00'40'19" West a distance of 48.00 feet to a found 5/8 -inch steel pin on the southerly right-of-way line of said West Overland Road being the POINT OF BEGINNING. Thence South 44'19'00" East a distance of 42.41 feet to a found 5/8 -inch steel pin on the westerly right-of-way line of South Linder Road; Thence following the westerly right-of-way line of said South Linder road, South 00°41'26" West a distance of 561.61 feet to a found 5/8 -inch steel pin; Thence leaving said westerly right-of-way line, North 89°19'41" West a distance of 151.25 feet to a found 5/8 -inch steel pin; Thence South 00°41'26" West a distance of 250.00 feet to a found 5/8 -inch steel pin; Thence South 89°19'41" East a distance of 151.25 feet to a found 5/8 -inch steel pin on said westerly right-of-way line; Thence following said westerly right-of-way line, South 00°41'26" West a distance of 713.31 feet to a 5/8 -inch steel pin; Thence leaving said westerly right-of-way line, North 89"1832" West a distance of 101.48 feet to a 5/8 -inch steel pin; Thence North 89°3427" West a distance of 333.99 feet to a 5/8 -inch steel pin; Thence South 00°25'32" West a distance of 48.00 feet to a 5/8 -inch steel pin; Thence North 89°34'28" West a distance of 50.02 feet to a 5/8 -inch steel pin; Thence 30.20 feet following the are of a non tangent curve to the left, said curve having a radius of 20.00 feet, a central angle of 86°31'39", a chord bearing of Jor LanclscajieArchitectnre *Site Planning • Civil Engineering • Golf Coarse Irrigation e: Engineering •GraphicCOmmNnilalion 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thclandgr_9ul)iztc.corri U:\2006\06361\Admin\Legals\Rh,CORD OF SUIiIBEY\11_080617_06361_southrid",,ircel l.doc THE LAND GROUP, INC. North 45°38'08" West, and a chord distance of 27.41 feet to a 5/8 -inch steel pin; Thence 15.26 feet following the arc of a reverse curve to the right, said curve having a radius of 325.00 feet, a central angle of 02°41'23", a chord bearing of North 87°33'16" West, and a chord distance of 15.26 feet to a 5/8 -inch steel pin; Thence North 86°12'34" West a distance of 29.96 feet to a 5/8 -inch steel pin; Thence 638.15 feet following the arc of a circular curve to the right, said curve having a radius of 766.46 feet, a central angle of 47°42'14", a chord bearing of North 62°18'33" West, and a chord distance of 619.87 feet to a 5/8 -inch steel pin; Thence 157.91 feet following the arc of a reverse curve to the left, said curve having a radius of 275.00 feet, a central angle of 32°54'01 ", a chord bearing of North 54°51'32" West, and a chord distance of 155.75 feet to a 5/8 -inch steel pin; Thence North 719 8'33" West a distance of 16.94 feet to a 5/8 -inch steel pin; Thence 31.42 feet following the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 90100'00", a chord bearing of South 63°41'27" West, and a chord distance of 28.28 feet to a 5/8 -inch steel pin; Thence South 18141'27" West a distance of 144.96 feet to a 5/8 -inch steel pin; Thence 364.66 feet following the arc of a circular curve to the right, said curve having a radius of 625.00 feet, a central angle of 33°25'46", a chord bearing of South 35024'20" West, and a chord distance of 359.51 feet to a 5/8 -inch steel pin; Thence South 52°07'13" West a distance of 135.23 feet to a 5/8 -inch steel pin; Thence 27.41 feet following the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 78130'54", a chord bearing of South 12°51'45" West, and a chord distance of 25.31 feet to a 5/8 -inch steel pin; Thence 485.19 feet following the arc of a reverse curve to the right, said curve having a radius of 535.00 feet, a central angle of 51 °57'41 ", a chord bearing of South 00°24'51" East, and a chord distance of 468.73 feet to a 5/8 -inch steel pin; Thence 65.44 feet following the are of a reverse curve to the left, said curve having a radius of 275.01 feet, a central angle of 13°37'59", a chord bearing of South 18°49'57" West, and a chord distance of 65.28 feet to a 5/8 -inch steel pin; Thence North 89°02'52" West a distance of 269.72 feet to a 5/8 -inch steel pin; Thence 52.81 feet following the arc of a non tangent curve to the left, said curve having a radius of 150.00 feet, a central angle of 20°1012", a chord bearing of South 07'12'47" East, and a chord distance of 52.53 feet to a 5/8 -inch steel pin; Thence South 17°17'53" East a distance of 110.54 feet to a 5/8 -inch steel pin; Thence 129.34 feet following the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 49'24'12", a chord bearing of South 07°24'13" West, and a chord distance of 125.37 feet to a 5/8 -inch steel pin; Thence South 32°06'19" West a distance of 21.67 feet to a 5/8 -inch steel pin on the southerly line of the Northeast One Quarter of Section 23; Ir Landscape Architecture • Site Planning • Civil Engineering @. Golf Course If igation & Engineering • Graphic Commmnication 462 Ti. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F208.939.4445 • w-%vw.thclandgroupinc.com G:\2006\06361\Admin\Jxgals\RECO1tI) OF SURVEY\11_080617_06361_southridge_p,,rcel Ldoc THE LAND GROUP, INC. Thence following said southerly line, North 89°02'56" West a distance of 712.43 feet to a 5/8 -inch steel pin; Thence leaving said southerly line, North 00°37'47" East a distance of 331.56 feet to a 5/8 -inch steel pin; Thence 21.93 feet following the are of a non tangent curve to the left, said curve having a radius of 398.28 feet, a central angle of 03009'17", a chord bearing of. South 82038'49" West, and a chord distance of 21.93 feet to a 5/8 -inch steel pin; Thence 172.88 feet following the arc of a reverse curve to the right, said curve having a radius of 508.91 feet, a central angle of 19°27'50", a chord bearing of North 89°11'55" West, and a chord distance of 172.05 feet to a 5/8 -inch steel pin; Thence 27.66 feet following the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 7993'53 ", a chord bearing of South 39°51'03" East, and a chord distance of 25.51 feet to a 5/8 -inch steel pin; Thence South 00'14'06" East a distance of 93.31 feet to a 5/8 -inch steel pin; Thence 47.74 feet following the arc of a circular curve to the right, said curve having a radius of 30.00 feet, a central angle of 919012", 10'32", a chord bearing of South 45°21'10" West, and a chord distance of 42.86 feet to a 5/8 -inch steel pin; Thence North 89°03'34" West a distance of 204.56 feet to a 5/8 -inch steel pin; Thence North 08°17'51" East a distance of 108.82 feet to a 5/8 -inch steel pin; Thence North 27°03'51" East a distance of 100.18 feet to a 5/8 -inch steel pin; Thence 234.43 feet following the arc of a non tangent curve to the right, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of North 37°06'07" West, and a chord distance of 228.51 feet to a 5/8 -inch steel pin; Thence 279.37 feet following the arc of a reverse curve to the left, said curve having a radius of 825.00 feet, a central angle of 19°24'07", a chord bearing of North 24°24'59" West, and a chord distance of 278.04 feet to a 5/8 -inch steel pin; Thence 33.10 feet following the arc of a compound curve to the left, said curve having a radius of 20.00 feet, a central angle of 94149'57", a chord bearing of North 81 °31'52" West, and a chord distance of 29.45 feet to a 5/8 -inch steel pin; Thence North 36101'32" West a distance of 50.07 feet to a 5/8 -inch steel pin; Thence 31.97 feet following the arc of a non tangent curve to the left, said curve having a radius of 20.00 feet, a central angle of 91'3454", a chord bearing of North 05°15'42" East, and a chord distance of 28.67 feet to a 5/8 -inch steel pin; Thence North 49°2742" East a distance of 50.00 feet to a 5/8 -inch steel pin; Thence 41.31 feet following the arc of a non tangent curve to the right, said curve having a radius of 875.00 feet, a central angle of 02°42'17", a chord bearing of South 39°10'38" East, and a chord distance of 41.30 feet to a 5/8 -inch steel pin; Thence North 52°09'30" East a distance of 119.99 feet to a 5/8 -inch steel pin; Thence North 56°38'44" East a distance of 124.08 feet to a 5/8 -inch steel pin; Ar Lawditape Arehiteetkre • Site Planniq • Civil Engineering • Golf Coarse Irrigation & Engineering • Grabbie Com mInieatien 4621?. Shore Drive, Stc. 100, Fagie, Idaho 83616 • P 208.939.4041 F208.939.4445 • wkw-cv thciandgroupirtc.com G:\2006\06361\Admin\I:,ega1s\1UECORD OI`, SUItX7IiY\It_080617_06361_southridgc_parcel I.doc THE LAND GROUP, INC. Thence North 20°11'27" East a distance of 103.24 feet to a 5/8 -inch steel pin; Thence South 72°17'28" East a distance of 172.84 feet to a 5/8 -inch steel pin; Thence 77.62 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 55'35'25", a chord bearing of North 79°54'50" East, and a chord distance of 74.61 feet to a 5/8 -inch steel pin; Thence South 15°07'20" East a distance of 122.50 feet to a 5/8 -inch steel pin; Thence North 86°31'43" East a distance of 260.50 feet to a 5/8 -inch steel pin on the easterly easement line of the Ridenbaugh Canal; Thence following the easterly easement line of said Ridenbaugh Canal, North 03°28'17" West a distance of 222.79 feet to a 5/8 -inch steel pin; Thence leaving said easterly easement line, South 56°31'59" East a distance of 159.58 feet to a 5/8 -inch steel pin on said easterly easement line; Thence following the easterly easement line of said Ridenbaugh Canal the following (2) courses: 316.45 feet following the are of a circular curve to the right, said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of South 83112'27" East and a chord distance of 284.46 feet to a 5/8 -inch steel pin; South 37°52'47" East a distance of 37.00 feet to a 5/8 -inch steel pin; Thence leaving said easterly easement line, North 52003'57" East a distance of 114.78 feet to a 5/8 -inch steel pin; Thence North 52'07'13" East a distance of 50.00 feet to a 5/8 -inch steel pin; Thence North 35123'08" East a distance of 26.28 feet to a 5/8 -inch steel pin; Thence North 52107'l 3 " East a distance of 118.95 feet to a 5/8 -inch steel pin; Thence 113.77 feet following the arc of a circular curve to the left, said curve having a radius of 195.00 feet, a central angle of 33°2546", a chord bearing of North 35°24'20" East, and a chord distance of 112.17 feet to a 5/8 -inch steel pin; Thence North 18141'27" East a distance of 180.38 feet to a 5/8 -inch steel pin; Thence 60.56 feet following the arc of a non tangent curve to the left, said curve having a radius of 293.15 feet, a central angle of 11 °50'08", a chord bearing of North 56°02'38" West and a chord distance of 60.45 feet to a 5/8 -inch steel pin; Thence North 28049'56" East a distance of 49.47 feet to a 5/8 -inch steel pin; Thence 57.71 feet following the arc of a non tangent curve to the right, said curve having a radius of 325.00 feet, a central angle of 10°10'24", a chord bearing of South 57017'04" East and a chord distance of 57.63 feet to a 5/8 -inch steel pin; Thence 94.40 feet following the are of a reverse curve to the left, said curve having a radius of 291.75 feet, a central angle of 18°3222", a chord bearing of South 61'28'03" East, and a chord distance of 93.99 feet to a 5/8 -inch steel pin; Ar Ilrndscape Architectrne • Site Planning • Cinit Engineering • Golf Course Irrigation & Engineering • Graphic Commrmicahon 462 T. Shore Drive, Ste. 100,1sagle, Idaho 83616 1'208.939.4041 F 205.939.4445 ww��.thelmurdgroiq�inc.eom G:\2006\06361\Admin\Legal,,\RE('ORD OF SLTRVI3Y\11_050617_06361_soutliridge_parcel tdoc THE LAND GROUP, INC. Thence South 71018'33" East a distance of 261.09 feet to a 5/8 -inch steel pin; Thence 31.42 feet following the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 90100'00", a chord bearing of North 63°41'27" East, and a chord distance of 28.28 feet to a 5/8 -inch steel pin; Thence North 18041'27" East a distance of 101.64 feet to a 5/8 -inch steel pin; Thence 190.45 feet following the arc of a circular curve to the right, said curve having a radius of 310.48 feet, a central angle of 35°08'47", a chord bearing of North 36034116" East, and a chord distance of 187.48 feet to a 5/8 -inch steel pin; Thence 121.69 feet following the arc of a reverse curve to the left, said curve having a radius of 76.49 feet, a central angle of 91008'46", a chord bearing of North 08°34'31" East, and a chord distance of 109.26 feet to a 5/8 -inch steel pin; Thence North 53000'22" East a distance of 49.00 feet to a 5/8 -inch steel pin; Thence South 36°59'38" East a distance of 9.62 feet to a set 5%8 -inch steel pin; Thence 106.80 feet following the arc of a circular curve to the left, said curve having a radius of 64.50 feet, a central angle of 94152'22", a chord bearing of South 84°25'49" East, and a chord distance of 95.01 feet to a 5/8 -inch steel pin; Thence North 48008'00" East a distance of 65.33 feet to a 5/8 -inch steel pin; Thence 140.47 feet following the arc of a circular curve to the left, said curve having a radius of 275.00 feet, a central angle of 29015'56", a chord bearing of North 33030'02" East, and a chord distance of 13894 feet to a 5/8 -inch steel pin; Thence North 18°52'04" East a distance of 113.44 feet to a 5/8 -inch steel pin; Thence 158.65 feet following the arc of a circular curve to the right, said curve having a radius of 325.00 feet, a central angle of 27°58'08", a chord bearing of North 32°51'08" East and a chord distance of 157.08 feet to a 5/8 -inch steel pin; Thence North 46150'i2" East a distance of 169.43 feet to a 5/8 -inch steel pin; Thence 28.35 feet following the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 81013'33", a chord bearing of North 06°13'26" East and a chord distance of 26.04 feet to a 5/8 -inch steel pin; Thence 167.25 feet following the are, of a reverse curve to the right, said curve having a radius of 275.00 feet, a central angle of 34°50'47", a chord bearing of North 16°57'57" West and a chord distance of 164.69 feet to a 5/8 -inch steel pin; Thence North 00°27'27" East a distance of 12.31 feet to a 5/8 -inch steel pin; Thence North 44'16'59" West a distance of 49.72 feet to a 5/8 -inch steel pin on the southerly right-of-way line of said West Overland Road; Thence following the southerly right-of-way line of said West Overland Road, South 89°19'41" East a distance of 684.51 feet to the POINT OF BEGINNING. jr Land cape Architecturz *Site Plarrtring •Civil Engineering • Golf Course Irrigation & Engineerinq • Graphic Communication 462 E. Shore Drive, Ste. 100,13agle, Idaho 83616 • P 208.939.4041 F208.939.4445 • wkk-%v.thclandgrouhinc.com G:\2006\06361\Admin\Lega1s\RECORD Or SUHVI:Y\11_080617_06361_southridge_parcel t.doc THE LAND GROUP, INC. The above-described tract of land contains 71.89 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) %rtrltcrrpe Amhitectnre +Site Plrrniring +Civil Engineering + Golf Course Irrigation & Enganeerrng + Grapbie Carirnumication 462 F,. Shore Drive, Ste, 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • ww�y thcluid rtxanc.com G:\2006\06361\Admin\I.egals\ltl CORD Ol', SURVI'::*Y\11_080617_06361_southridge_parcel 1.doc 712.43 Title: Linder 109, LLC Date: 09-03-2008 Scale: I inch = 500 feet File:06361 Record of Survey Parcel 1 September 2, 2008 Project No. 06361 Legal Description LINDER 109, LLC. Record of Survey Parcel 3 36.79 acres r.� �e A i Exhibit E2 THE LAND GROUP, INC. EXHIBIT "A" A tract of land situated in the Northeast One Quarter and the Northwest One Quarter of the Southeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 1/2 -inch steel pin monumenting the Northeast Corner of said Section 23 on the centerline of South Linder Road, from which a found 5/8 -inch steel pin monumenting the East One Quarter of said Section 23 bears South 00°41'26" West a distance of 2,650.67 feet; Thence following the easterly line of said Section 23 and the centerline of said South Linder Road, South 00°41'26" West a distance of 1,602.93 feet to a point; Thence leaving said easterly line and said centerline, North 89°18'34" West a distance of 48.00 feet to a set 5/8 -inch steel pin on the westerly right-of-way line of said South Linder Road being the POINT OF BEGINNING. Thence following said westerly, right-of-way line, South 00°41'26" West a distance of 997.52 feet to a found 5/8 -inch steel pin on the northerly right-of-way line of Aspen Cove Drive; Thence leaving said westerly right-of-way line and following the northerly right- of-way line of said Aspen Cove Drive, North 89°02'56" West a distance of 255.36 feet to a point on the centerline of the Ridenbaugh Canal; Thence leaving said northerly right-of-way line and following the centerline of said Ridenbaugh Canal the following nineteen (19) courses: 287.73 feet following the arc of a non tangent curve to the left, said curve having a radius of 600.00 feet, a central angle of 27°28'35", a chord bearing of North 46°15'10" West, and a chord distance of 284.98 feet to a point; North 59°5927" West a distance of 73.72 feet to a point; f Landscape Architecture Site Planning # CivilEngineethg • Golf Course Irrigation & Engineering Graphic Communication 462 F. Shore Drive, Ste. 100, Eagle, Idaho 83616 • Ir 208.939.4041 F 208.939.4445 • www.thelandgroupinc coin GA2006\06361 \Admin\1,egals\RF" CORD OF SURV}?Y\Il_080707_06361_southridge_parcel 3.doc Pagel of 4 THE LAND GROUP, INC. 90.21 feet following the arc of a circular curve to the left, said curve having a radius of 120.00 feet, a central angle of 43°04'24", a chord bearing of North 819 F39" West, and a chord distance of 88.10 feet to a point; South 76°56'09" West a distance of 93.79 feet to a point; 83.95 feet following the arc of a circular curve to the right, said curve having a radius of 100.00 feet, a central angle of 48°06'06", a chord bearing of North 79°00'48" West, and a chord distance of 81.51 feet to a point; North 54°57'45" West a distance of 108.31 feet to a point; 90.18 feet following the arc of a circular curve to the left, said curve having a radius of 120.00 feet, a central angle of 43°03'30", a chord bearing of North 76°29'30" West, and a chord distance of 88.07 feet to a point; South 81'58'45" West a distance of 380.01 feet to a point; 160.45 feet following the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 61°07'12", a chord bearing of South 51 °20'09" West, and a chord distance of 152.91 feet to a point; South 20041133" West a distance of 216.91 feet to a point; 262.75 feet following the arc of a circular curve to the right, said curve having a radius of 420.00 feet, a central angle of 35°50'36", a chord bearing of South 38°36'51" West, and a chord distance of 258.48 feet to a point; South 56°32'09" West a distance of 342.25 feet to a point; 166.99 feet following the arc of a circular curve to the right, said curve having a radius of 65.00 feet, a central angle of 147°12'06", a chord bearing of North 49°51'48" West, and a chord distance of 124.71 feet to a point; North 23°44'15" East a distance of 140.74 feet to a point; North 32°06'19" East a distance of 241.50 feet to a point; 129.34 feet following the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 49°24'12", a chord bearing of North 07°24'13" East, and a chord distance of 125.37 feet to a point; North 17°17'53" West a distance of 110.54 feet to a point; Ir Landscape Arebiterture • Site Planning • Civil E.,gineering • Golf Course kngatian & Engineering • Grafilw Communication 462 E. Shore Drive, Ste, 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thclandgLouhinc.com G:\2006\06361\,admin\L,cgals\Itl CORD OF SURVE:Y\ll_080707_06361_southridge_rarcel 3.doc Page 2 of 4 THE LAND GROUP, INC. 52.81 feet following the are of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 20°1012", a chord bearing of North 07012'47" West, and a chord distance of 52.53 feet to a point; Thence leaving said centerline, South 89°02'52" East a distance of 269.72 feet to a 5/8 -inch steel pin; Thence 65.44 feet following the arc of a non tangent curve to the right, said curve having a radius of 275.01 feet, a central angle of 13°37'59", a chord bearing of North 1804957" East, and a chord distance of 65.28 feet to a 5/8 -inch steel pin; Thence 485.19 feet following the arc of a reverse curve to the left, said curve having a radius of 535.00 feet, a central angle of 51057'41 ", a chord bearing of North 00°24'51" West, and a chord distance of 468.73 feet to a 5/8 -inch steel pin; Thence 27.41 feet following the arc of a reverse curve to the right, said curve having a radius of 20.00 feet, a central angle of 78°30'54", a chord bearing of North 12°51'45" East, and a chord distance of 25.31 feet to a 5/8 -inch steel pin; Thence North 52°07'13" East a distance of 135.23 feet to a 5/8 -inch steel pin; Thence 364.66 feet following the arc of a circular curve to the left, said curve having a radius of 625.00 feet, a central angle of 33°25'46", a chord bearing of North 35124'20" East, and a chord distance of 359.51 feet to a 5/8 -inch steel pin; Thence North 18141'27" East a distance of 144.96 feet to a set 5/8 -inch steel pin; Thence 31.42 feet following the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'00", a chord bearing of North 63°41'27" East, and a chord distance of 28.28 feet to a 5/8 -inch steel pin; Thence South 71°1833" East a distance of 16.94 feet to a 5/8 -inch steel pin; Thence 157.91 feet following the arc of a circular curve to the right, said curve having a radius of 275.00 feet, a central angle of 32°54'01 ", a chord bearing of South 54°51'32" East, and a chord distance of 155.75 feet to a 5/8 -inch steel pin; Thence 638.15 feet following the arc of a reverse curve to the left, said curve having a radius of 766.46 feet, a central angle of 47'42'14", a chord bearing of South 62'18'33" East, and a chord distance of 619.87 feet to a 5/8 -inch steel pin; Thence South 86°12'34" East a distance of 29.96 feet to a 5/8 -inch steel pin; Thence 15.26 feet following the arc of a circular curve to the left, said curve having a radius of 325.00 feet, a central angle of 02°41'23", a chord bearing of South 87°33'16" East, and a chord distance of 15.26 feet to a 5/8 -inch steel pin; Ir Landscape Architecture • Site Planning • Civil Engineering • Golf Course Irrigation dam' Eroneering • Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • 11208.939.4041 F 208.939.4445 • wN"vjhclandgrouhinc.com G:\2006\06361\Admin\Legals\RF..CORD OF SUItv1--Y\11_080707_06361_southridge_parcel 3.doc Page 3 of 4 Thence 30.20 feet following the arc of a reverse curve to the right, said curve having a radius of 20.00 feet, a central angle of 86°31'39", a chord bearing of South 45°38'08" East and a chord distance of 27.41 feet to a 5/8 -inch steel pin; Thence South 89°34'28" East a distance of 50.02 feet to a 5/8 -inch steel pin; Thence North 00025'32" East a distance of 48.00 feet to a 5/8 -inch steel pin; Thence South 89°34'27" East a distance of 333.99 feet to a 5/8 -inch steel pin; Thence South 8911832" East a distance of 101.48 feet to the POINT OF BEGINNING. The above-described tract of land contains 36.79 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 B. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) FA_ Landscape Architecture •Site Planning • Civil Engineering • Golf Corurse Irrigation & Engineering • Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F208.939.4445 • www.thelandgrouPinc.com G:\2006\06361\Admin\Legal;\RC:CORD OP SURVEY\I_080707_06361_southridge_parcet 3.doc Page 4 of 4 Title: Date: 09-02-2008 Scale: 1 inch = 300 feet File: Tract 1: 36.793 Acres: 1602721 Sy Feet: Closure = n84.0218e 0.02 Feet: Precision =11409893: Perimeter = 7231 Feet 001=s00.4126w 997.52 014=s56.3209w 342.25 027=n18.4127e 144.96 002=n89.0256w 255.36 015: 8t R=65.00,Delta=147.1206 Bn8 n49S148w, Chd�124.71 028: R[ R=20.00,Delfa=90.W00 Bng n63.4127e, Chd=28.28 003: R=600.00 De1tn=272835 Bng6.tslow,�na=25a.95 016=n23.4415e 140.74 029=571.1833e 16.94 004=n59.5927w 73.72 017=n32.0619e 241.50 Bn s 5132e,00 Deka-32.5401 Bng�s54.5132e, 0155.75 031: Lt R=766.46 Deha�7.4214 005: Ltt, R=120.00 Delta 43.0424 B.;j1.3139w, t'hd=88.10 018: Lt R 150.00 Delta=49.2412 Bnb�=n67.24t3e, Chd=125.37 Bng-s62.i833e; Chd=619.87 006=576.5609w 93.79 019=nl7.1753w 110.54 032=s86.1234e 29.96 007: Rt, R=100.00 Delta=48.0606 Bngat79.0048w, t?1td=81 51 020: Rt, R=150.00 Delta=20.1012 Bng=n07.1247w, N(a:52.53 033: Lt, R=325.00, Deka--02.4123 Bn8 V.3316e, Chd=15.26 008=n54,5745w 108.31 021=s89.0252e269.72 034: Rt, R=20.00 Delta=86.3139 Bng=s453808e,dd=27.41 009: Lt R=120.00 Delta j3.0330 Bn L.762930w, tltd=88.07 022; Rt, R-275.01, Delta=13.3759 Bn�n 18.4957e, Chd�5.28 023: LG R2451w Q De 035=s893428e 50.02 010=581.5845w 380.01 468 75741 Btt =00.2451w Chd=468.73 036=n00.2532e 48.00 011: Lt, R=150.00, Delta=61.0712 Bdg--55 L2009w, Cltd=1.52.91 02: Rt R-20 .64, Delta=78.3054 Bng--n E5145e, Chd=25.31 037=s89.3427e 333.99 012=s20.4133w 216.91 025=n52.0713e 135.23 038=s89.1832e 101.48 013: Rt, R-420.00, Deha=35.5036 026: Lt, R=625.00, Delta=33.2546 Bur -08.365 1w. Chd=258.48 Bng=n35.2420e, Chd=359.51 September 2, 2008 Project No. 06361 Legal Description Record of Survey Parcel 7 LINDER 109, LLC. 60.27 acres ;t —N /• K Ae ••�: Exhibit E3 THE LAND GROUP, INC. EXHIBIT "A" A tract of land situated in the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at a found 5/8 -inch steel pin monumenting the Center One Quarter of said Section 23, from which a found brass cap monumenting the West One Quarter of said Section 23 bears North 89°04'17" West a distance of 2,666.56 feet; Thence along the southerly line of the Northwest One Quarter of Section 23, North 89°04'17" West a distance of 1,832.01 feet to a found 1/2 -inch steel pin; Thence leaving said southerly line, North 22009'32" West a distance of 520.19 feet to a 5/8 -inch steel pin; Thence North 89016'08" West a distance of 582.48 feet to a found 5/8 -inch steel pin on the easterly right-of-way line of South Ten Mile Road; Thence following the easterly right-of-way line of said Ten Mile Road, North 00°56'19" East a distance of 163.38 feet to a point; Thence leaving said easterly right-of-way line, North 45°43'53" East a distance of 54.46 feet to a 5/8 -inch steel pin on the southerly right-of-way line of West Overland Road; Thence following the southerly right-of-way line of said West Overland Road, South 89°16'08" East a distance of 380.64 feet to a 5/8 -inch steel pin; Thence following said southerly right-of-way line, easterly 136.19 feet following the arc of a circular curve to the left, said curve having a radius of 1,039.00 feet, a central angle of 07°30'37", a chord bearing of North 86°58'33" East and a chord distance of 136.09 feet to a 5/8 -inch steel pin; Thence leaving said southerly right-of-way line, South 11'22'11 " East a distance of 187.65 feet to a 5/8 -inch steel pin; f AV Lvndreape flrchitecture Site Planning Civil EngineeringGolf Coarne Irrigation & Engineering + Graphic Commr+nication 4621'. Shore Drive, Ste. 100, Liagle, Idaho 83616 • P 208.939.4041 F208.939.4445 • wnvw.thsland�roul)iuc.coni G:\2006\06361\Admin\Legal,\ItF:CORI3 OF SURVEY\11_080709_06361_southridge_parcel Tdoc Page 1 of 5 WN 0-20W 1 THE LAND GROUP, INC. Thence 111.19 feet following the arc of a non tangent curve to the right, said curve having a radius of 50.00 feet, a central angle of 127°24`36", a chord bearing of South 82126'42" East and a chord distance of 89.65 feet to a 5/8 -inch steel pin; Thence 30.77 feet following the arc of a reverse curve to the left, said curve having a radius of 25.00 feet, a central angle of 70°31'44", a chord bearing of South 54000'l 6" East and a chord distance of 28.87 feet to a 5/8 -inch steel pin; Thence South 89°16'08" East a distance of 58.64 feet to a 5/8 -inch steel pin; Thence northeasterly 25.41 feet following the arc of a circular curve to the left, said curve having a radius of 20.43 feet, a central angle of 71'l 5'53", a chord bearing of North 54°13'05" East and a chord distance of 23.80 feet to a 5/8 -inch steel pin; Thence 184.71 feet following the arc of a reverse curve to the right, said curve having a radius of 233.34 feet, a central angle of 45°21'22", a chord bearing of North 41°15'50" East and a chord distance of 179.93 feet to a 5/8 -inch steel pin; Thence North 47°39'35" West a distance of 170.79 feet to a 5/8 -inch steel pin on the southerly right-of-way line of said West Overland Road; Thence following said southerly right-of-way line the following five (5) courses: 421.96 feet following the arc of a non tangent curve to the left, said curve having a radius of 1,039.00 feet, a central angle of 23°16'09", a chord bearing of North 59°07'59" East and a chord distance of 419.07 feet to a 5/8 -inch steel pin; 284.96 feet following the arc of a non tangent curve to the left, said curve having a radius of 1,035.77 feet, a central angle of 15°4547", a chord bearing of North 38°25'17" East and a chord distance of 284.06 feet to a 5/8 -inch steel pin; 389.54 feet following the are of a non tangent curve to the left, said curve having a radius of 1,033.00 feet, a central angle of 21'36'21 ", a chord bearing of North 20°56'21" East and a chord distance of 387.24 feet to a 5/8 -inch steel pin; North 10°08'10" East a distance of 232.12 feet to a 5/8 -inch steel pin; South 75°06'37" East a distance of 17.90 feet to a 5/8 -inch steel pin; North 14°53'23" East a distance of 124.25 feet to a 5/8 -inch steel pin; North 75°06'37" West a distance of 18.88 feet to a 5/8 -inch steel pin; 42.37 feet following the arc of a non tangent curve to the right, said curve having a radius of 963.75 feet, a central angle of 02°31'07", a chord bearing of North 19'32'13 " East and a chord distance of 42.36 feet to a 5/8 -inch steel pin on the northerly easement line of the Ridenbaugh Canal; Landscape Architecture •Site Planning • Civi! Engineering •Golf Corvrre Irrigation & Engineering • Graphic Commnrrieation 462 E'. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 I^ 208.939.4445 • wwwAclandgroupinc.corn G:\2006\06361\Admin\Lcgals\RI:'sCORD OF SURVEY\ll_080709_06361_southridge_parcel Tdoc Page 2 of 5 THE LAND GROUP, INC. Thence leaving said southerly right-of-way line and following the northerly easement line of said Ridenbaugh Canal following nine (9) courses: 385.56 feet following the arc of a circular curve to the right, said curve having a radius of 455.00 feet, a central angle of 48°33'07", a chord bearing of South 85°45'37" East and a chord distance of 374.13 feet to a 5/8 -inch steel pin; South 61029'03" East a distance of 227.43 feet to a 5/8 -inch steel pin; 14.24 feet following the arc of a circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 292'56", a chord bearing of South 62045'31 " East and a chord distance of 14.23 feet to a 5/8 -inch steel pin; South 64°01'59" East a distance of 330.62 feet to a 5/8 -inch steel pin; 46.42 feet following the are of the circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 08°18'42", a chord bearing of South 68°11'20" East, and a chord distance of 46.38 feet to a 5/8 -inch steel pin; South 72°20'41" East a distance of 150.79 feet to a 5/8 -inch steel pin; 276.48 feet following the arc of a circular curve to the right, said curve having a radius of 230.00 feet, a central angle of 68°52'25", a chord bearing of South 37°54'30" East and a chord distance of 260.13 feet to a 5/8 -inch steel pin; South 86°31'43" West a distance of 10.00 feet to a 5/8 -inch steel .pin; South 03028'17" East a distance of 411.33 feet to a 5/8 -inch steel pin; Thence leaving said northerly easement line, South 86°31'43" West a distance of 260.50 feet to a 5/8 -inch steel pin; Thence North 15°07'20" West a distance of 122.50 feet to a 5/8 -inch steel pin; Thence 77.62 feet following the arc of a non tangent curve to the right, said curve having a radius of 80.00 feet, a central angle of 55°35'25", a chord bearing of South 79°54'50" West and a chord distance of 74.61 feet to a 5/8 -inch steel pin; Thence North 72°17'28" West a distance of 172.84 feet to a 5/8 -inch steel pin; Thence South 20°11'27" West a distance of 103.24 feet to a 5/8 -inch steel pin; Thence South 56°38'44" West a distance of 124.08 feet to a 5/8 -inch steel pin; Thence South 52°09'30" West a distance of 119.99 feet to a 5/8 -inch steel pin; Thence 41.31 feet following the arc of a circular curve to the left, said curve having a radius of 875.00 feet, a central angle of 02'42'17", a chord bearing of North 39°10'38" West, and a chord distance of 41.30 feet to a 5/8 -inch steel pin; Landrcape A hiteefnre •Site Planniig •Civil En neerlug •Golf Conrfe Irrigation & Engineering •Graphic Commrruieahon 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelaiidgrout)iTc.com G:\2006\06361\Admin\Lcgals\IZE(.OIU) OF SU.ItVI Y\Il_080709_06361_southridge_parcel Tdoc Page 3 of 5 _l THE LAND GROUP, INC. Thence South 49°2742" West a distance of 50.00 feet to a 5/8 -inch steel pin; Thence 31.97 feet following the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 91134'54", a chord bearing of South 05°15'42" West and a chord distance of 28.67 feet to a 5/8 -inch steel pin; Thence South 36°01'32" East a distance of 50.07 feet to a 5/8 -inch steel pin; Thence 33.10 feet following the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 94149'57", a chord bearing of South 8103115211 East and a chord distance of 29.45 feet to a 5/8 -inch steel pin; Thence 279.37 feet following the are of a compound curve to the right, said curve having a radius of 825.00 feet, a central angle of 19024'07", a chord bearing of South 24°24'59" East and a chord distance of 278.04 feet to a 5/8 -inch steel pin; Thence 234.43 feet following the are of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of South 37°06'07" East and a chord distance of 228.51 feet to a 5/8 -inch steel pin; Thence South 27°03'51" West a distance of 100.18 feet to a 5/8 -inch steel pin; Thence South 08'l 7'51 " West a distance of 108.82 feet to a 5/8 -inch steel pin; Thence South 8.9°03'34" East a distance of 204.56 feet to a 5/8 -inch steel pin; Thence northeasterly 47.74 feet following the arc of a circular curve to the left, said curve having a radius of 30.00 feet, a central angle of 91'10'32"., a chord bearing of North 45°21' l0" East and a chord distance of 42.86 feet to a 5/8 -inch steel pin; Thence North 00'14'06" West a distance of 93.31 feet to a 5/8 -inch steel pin; Thence northwesterly 27.66 feet following the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 79°13'53", a chord bearing of North 39°51'03" West and a chord distance of 25.51 feet to a 5/8 -inch steel pin; Thence 172.88 feet following the arc of a non tangent curve to the left, said curve having a radius of 508.91 feet, a central angle of 19°27'50", a chord bearing of South 89°11'55" East and a chord distance of 172.05 feet to a 5/8 -inch steel pin; Thence 21.93 feet following the arc of a reverse curve to the right, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of North 82°38`49" East and a chord distance of 21.93 feet to a 5/8 -inch steel pin on the easterly line of the Northwest One Quarter of said Section 23; Thence following the easterly line of said Northwest One Quarter, South 00°37'47" West a distance of 331.56 feet to the POINT OF BEGINNING. or I andscapeArchitemor • Site Planning • CivilEngineering • Golf Coarse Irrigation & Engineering •Graphic Corxixurrieation 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 . 1? 208.939.4041 F 208.939.4445 • www.thelandgrouaine.com Cr:\2006\06361\Admin\1,elra1s\REC0RD OF SURVEY\11_080709_06361_southridgc_parcel 7.doc Page 4 of 5 The above-described tract of land contains 60.27 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) Z 018 Ar Landscape Architecture +Site Planning + Civil Engineering + Galf Course Irrigation & E?0neet*g + Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 + 11208,939.4041 h 208.939.4445 + wwlv.thelattderoul-)inc.com G:\2006\06361\Admin\J egals\ltE's(-'O1tl) OF SURVEY\]1_080709_06361_southridge_parcel 7.doc Page 5 of 5 Title: Date: 09-02-2008 I Scale: 1 inch. = 400 feet I File: I Tract 1: 60.266 Acres: 2625167 Sq Feet: Closure= n25.1851 w 0.02 Feet: Precision =1/459994: Petrimeter =10633 Feet 001=n89.0417w 1832.01 020=04.5323e 124.25 B.g--n39.t 38w6G�hd�q 04217 002=n22.0932w 520.19 021=05.0637w 18.88 040=s49.2742w 50.00 003=m89.1608w 582.48 022: Rt, R--%3.75, Deka-02.3107 Bn - i19.3213e, Chd=42.36 041: Rt R-20.00, Delia 91.3454 Bng=s05.1542w, Chd=28.b7 004=n00.5619e 163.38 B 54537e�C1�d374 8.3307 042=536.0132e 50.07 005=n45.4353e 54.46 024=s61:2903e 227.43 B 3: R-20,00,Cbdl2 49s7 006=589.1608e 380.64 337 025: Lt R-320.00 Delta=2.3256 Bng=s92.4531e, dot 14.23 044: R4 R�25.00 Delta -19.2407 Bng--s24.2459e, dTtt ;278.04 045: Lt. Rs300.00, Delta414.462a tt, B VL 6.5833e, C7id�36 09 026=s64.0159e 330.62 $ng s37,o607c, t$d=228.51 008=s 11.2211 e 187.65 027: Lt, R=320.00, DeIta98.1842 Bng=s68.1.120e, Chd-46.38 046=527.0351 w 100.18 2436 B sae 642ee, Cl Delta -127.2436 028=s72.2041 e 150.79 047=s08.1751 w 108.82 oBn��ss4 oo &TLI I'2 8 31� 13 07 430- cchai6o l szzs 048=s89.0334e 204.56 011=s89.1608e 58.64 030=s86.3143w 10.00 Bng A 2130 Cbd--4Zs6lo3z 012: Lt R=20.43, Delta -71 Bng--n34.1305e, chd=23.86 031=s03.281 le 411.33 050=1100.1406w 93.31 013: Ri R=233.34, Delta=45.2122 Bng nd1155oe. Chd=179.93 032=s86.3143w 260.50 051: Lt, R=20.00, Delta=79.1353 Bn 9.5103w, Chd=25.51 014=n47.3935w 170.79 033=n15.0720w 122.50 Bn s89.1 35e9� 172 5.27so 015: Lt R=1039. ft De1ta=23.1609 $n -90759e, Chd=419.07 034: Rt R=80AQ Delta=55.3525 Bng=s�9.5450w, Gid=74.61 053: n& 398.28;De'la=03.0917 Bng=n849e, C6d 21.93 B» 3 asiie'c7 Re 06'47 13621 035=n72.1728w 172.84 054=s00.3747w 331.56 B;jg= 2 s62te'C0hd Saiz 036=s20.l l27w 103.24 018=n10.081.0e 232.12 037=s56.3844w 124.08 019=875.0637e 17.90 038=s52.0930w 119.99 December 10, 2009 �►�,.. Page 1 of 2 ►ir / ... J THE LAND GROUP, INC. Exhibit E4 Project No. 06361 Legal Description Southridge Parcel 7A LINDER 109, LLC. 2.53 Acres A tract of land situated in, the Southwest One Quarter of the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a brass cap monumenting the West One Quarter of said Section 23 on the centerline of South Ten Mile Road, from which a brass cap monumenting the Northwest Corner of said Section 23 bears North 00'56'19" East a distance of 2,629.48 feet; Thence following the westerly line of said Section 23 and the centerline of said South Ten Mile Road, North 0056'19" East a distance of 476.36 feet to a 5/8 -inch steel pin; Thence leaving said westerly line and said centerline, South 89°16'08" East a distance of 48.00 feet to a 5/8 -inch steel pin on the easterly right-of-way line of said South Ten Mile Road, being the POINT OF BEGINNING; Thence following the easterly right-of-way line of said South Ten Mile Road, North 0056'19" East a distance of 163.38 feet to a 5/8 -inch steel pin on the southerly right-of-way line of West Overland Road; Thence leaving said easterly right-of-way line and following the southerly right- of-way line of said West Overland Road the following three courses and distances: 1. North 4543'53" East a distance of 38.21 feet to a 5/8 -inch steel pin; 2. South 89'16'08" East a distance of 392.14 feet to a 5/8 -inch steel pin; 3. Easterly 138.62 feet following the arc of a circular curve to the left, said curve having a radius of 1,050.50 feet, a central angle of 0733'39", a chord bearing of North 86°57'03" East and a chord distance of 138.52 feet to a 5/8 -inch steel pin: 10, Landscape Architecture •Site Planning •Cirri! Engineering • Golf Cour re Irrigation & Evgineering • Graphic Communication 462 F.. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F208.939.4445 • lcnvw.thelaiidt-,foupinc.c<im G:\2006\06361\Admin\Lcgals\2010 PBA\L, 091210 Parcel7a 06361.doc THE LAND GROUP, INC. Thence leaving said southerly right-of-way line, South,11*22'11" East a distance of 176.12 feet to a 5/8 -inch steel pin; Thence South 25°0821" West a distance of 30.00 feet to a 5/8 -inch steel pin; Thence North 89'16'08" West a distance of 582.48 feet to the POINT OF BEGINNING. The above-described tract of land contains 2.53 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE EAGLE, IDAHO 83616 208-939-4041 208-939-4045 (FAX) Ir Landscape Anhiteetrrre # Site Planning • Cizil Engineerrug • Golf Colim Irrigation da Engineering • Graplitc Corrrrmrnicatton 462 17. Shore Drive, Ste. 100, Eagle, Idaho 83616 . 11208.939.4041 F 208.939.4445 • wsrvr.di Jaud ou )itic.com G:\2006\06361\Admin\Lcgals\2010 PBA\L 091210 Patccl7a 06361.doc Inc vo Title: SOUTHRIDGE PARCEL 7A-LINDE R 109, LLC. Date: 12-10-2009 Scale: I inch = 100 feet File: Tract 1: 2.531 Acres: 110243 Sq Feet: Closure s74.5458w 0.02 Feet: Precision=I/83864: Perimeter= 1521 Feet 001=n00.5619e 163.38 ii; n86.3�0.1e..Cfd 138. 2T;339 007=n89.1608w582.48 002=n45.4353e 38.21 005=s 11.2211 e 176.12 003-s89.1608e 392.14 006=s25.082I w 30.00 EXHIBIT F LINDER 109 PROPERTY Lots 1 through 5 inclusive of Block 1, Southridge Subdivision Phase 1, a recorded plat on file at Book 104, Pages 14056 through 14063, Records of Ada County, Idaho TOGETHER WITH That particular parcel described in Exhibit F1 attached. TOGETHER WITH That particular parcel described in Exhibit F2 attached. December 10, 2009 �W.,� rri►,►� Page 1 of 2 THE LAND GROUP, INC. Exhibit F1 Project No. 06361 Legal Description Southridge Parcel 7A LINDER 109, LLC. 2.53 Acres A tract of land situated in, the Southwest One Quarter of the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a brass cap monumenting the West One Quarter of said Section 23 on the centerline of South Ten Mile Road, from which a brass cap monumenting the Northwest Corner of said Section 23 bears North 00°56'19" East a distance of 2,629.48 feet; Thence following the westerly line of said Section 23 and the centerline of said South Ten Mile Road, North 0056'19" East a distance of 476.36 feet to a 5/8 -inch steel pin; Thence leaving said westerly line and said centerline, South 89'16'08" East a distance of 48.00 feet to a 5/8 -inch steel pin on the easterly right-of-way line of said South Ten Mile Road, being the POINT OF BEGINNING; Thence following the easterly right-of-way line of said South Ten Mile Road, North 0056'19" East a distance of 163.38 feet to a 5/8 -inch steel pin on the southerly right-of-way line of West Overland Road; Thence leaving said easterly right-of-way line and following the southerly right- of-way line of said West Overland Road the following three courses and distances: 1. North 4543'53" East a distance of 38.21 feet to a 5/8 -inch steel pin; 2. South 89'16'08" East a distance of 392.14 feet to a 5/8 -inch steel pin; 3. Easterly 138.62 feet following the arc of a circular curve to the left, said curve having a radius of 1,050.50 feet, a central angle of 0733'39", a chord bearing of North 86°57'03" East and a chord distance of 138.52 feet to a 5/8 -inch steel pin: or L,aueleeapeArdjrteciure • Site Planning • CivilEnglneering •Golf Cour e Znzgntion drF_ugineering •Graphic Coin& me�rtion 462 K Shore Drive, Ste. 100, F.aglc, Idaho 83616 • P 208.939.4041 F208.939.4445 • Nvww.thelandgroupiaK alm ti:\2006\06361\Admin\Lcgals\20101 BA\L, 091210 Parcel7a 06361.doc December 10, 2009 �►� /r..w Page 2 of 2 THE LAND GROUP, INC. Thence leaving said southerly right-of-way line, South. 11*22'11" East a distance of 176.12 feet to a 5/8 -inch steel pin; Thence South 25°0821" West a distance of 30.00 feet to a 5/8 -inch steel pin; Thence North 89'16'08" West a distance of 582.48 feet to the POINT OF BEGINNING. The above-described tract of land contains 2.53 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE EAGLE, IDAHO 83616 208-939-4041 208-939-4045 (FAX) Ar Landscape Arehitecktre *Site Plaemrng + Civil Engineering + Go#'Cotmre Irrigation & Engineering + Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 + 11208,939.4041 Ir 208.939.4445 • \t,,vw.thelaud ou )inc.cotn G:\2006\06361\Admin\L,egals\2010 PBA\L 091210 Parcel7a 06361doc Title: SOUTHRIDGE PARCEL 7A-LINDER 109, LLC. Date: I2-10-2009 Scale: 1 inch = 100 feet File: Tract 1: 2.531 Acres: 110243 Sq Feet: Closure == s74.5458w 0.02 Feet: Precision =1/83864: Perimeter= 1521 Feet 001=n00.5619e 163.38 is„g'n865701e..00 d 38.527339 007=n89.1608w582.48 002=n45.4353e 38.21 005=s 1 1.221 1 e 176.12 003=s89.1608e 392.14 006=s25.082I w 30.00 October 13, 2008 Project No. 06361 Legal Description Record of Survey Parcel 8 LINDER 109, LLC. 1.25 acres THE LAND GROUP, INC. Exhibit F2 EXHIBIT "A" A tract of land situated in the Southwest One Quarter of the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: . Commencing at a found brass cap monumenting the West One Quarter of said Section 23 on the centerline of South Ten Mile Road, from which a found 5/8 -inch steel pin monumenting the North one -sixteenth Corner common to said Section 23 and Section 22, Township 3 North, Range 1 West, Boise Meridian bears North 00056'19" East a distance of 1,314.70 feet; Thence following the westerly line of said Southwest One Quarter of the Northwest One Quarter and the centerline of said South Ten Mile Road, North 00°56'19" East a distance of 476.36 feet to a found 5/8 -inch steel pin; Thence leaving said westerly line, South 89°16'08" East a distance of 48.00 feet to a found 5/8 -inch steel pin on the easterly right-of-way line of said South Ten Mile Road; Thence following the easterly right-of-way line of said South Ten Mile Road, North 00°56'19" East a distance of 1.63.38 feet to a 5/8 -inch steel pin; Thence leaving said easterly right-of-way line, North 45°4353" East a distance of 38.21 feet to a 5/8 -inch steel pin on the southerly right-of-way line of West Overland Road; Thence following the southerly right-of-way line of said West Overland Road, South 89'16'08" East a distance of 392.14 feet to a 5/8 -inch steel pin; Thence following said southerly right-of-way line, 138.62 feet following the arc of a circular curve to the left, said curve having a radius of 1,050.50 feet, a central angle of 07°33'39", a chord bearing of North 86°57'03" East and a chord distance of 138.52 feet to the POINT OF BEGINNING. I andscape Ardweeture *Site Planning • Ciml Engineering • Golf Coarse Irrigation 2 Engineering a Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F208.939,4445 • anvw.tlhelandLIouhinc.com G:\2006\06361\Admin\l,egals\RlsCORD Oh SUItNTEY\11_081013_06361_southridge_parcel 8.doc Pagel of 2 W, /�� loomit •" y THE LAND GROUP, INC. Thence 233.62 feet following the are of a circular curve to the left, said curve having a radius of 1,050.50 feet, a central angle of 12°44'30", a chord bearing of North 76°47'58" East and a chord distance of 233.13 feet to a 5/8 -inch steel pin; Thence leaving said southerly right-of-way line, South 47139'35" East a distance of 157.73 feet to a 5/8 -inch steel pin; Thence 184.71 feet following the arc of a non tangent curve to the left, said curve having a radius of 233.34 feet, a central angle of 45°21'22", a chord bearing of South 41°15'50" West and a chord distance of 179.93 feet to a 5/8 -inch steel pin; Thence 25.49 feet following the are of a reverse curve to the right, said curve having a radius of 20.00 feet, a central angle of 73°01'33", a chord bearing of South 54°13'05" West and a chord distance of 23.80 feet to a 5/8 -inch steel pin; Thence North 89'16'08" West a distance of 58.64 feet to a 5/8 -inch steel pin; Thence 30.77 feet following the are of a circular curve to the right, said curve having a radius of 25.00 feet, a central angle of 70°31'44", a chord bearing of North 54°00'16" West and a chord distance of 28.87 feet to a 5/8 -inch steel pin; Thence 111.19 feet following the are of a reverse curve to the left, said curve having a radius of 50.00 feet, a central angle of 127°2436", a chord bearing of North 82°26'42" West and a chord distance of 89.65 feet to a 5/8 -inch steel pin; Thence North 11°22'11" West a distance of 176.12 feet to the POINT OF BEGINNING. The above-described tract of land contains 1.25 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) Ar Landscape Architecture •Site Planning • Civil Engineering •Golf Course Irrigation & Engineering • Gr*hic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • wwwAielandgroupiac.com G:\2006\06361 \Admits\l,egals\R:ECORD OF SURVI?Y\11_081013_06361_southridge_parcel 8.doc Page 2 of 2 58.64 Title: Date: 10-13-2008 Scale: 1 inch = 50 feet File: Tract 1: 1.252 Acres: 54520 Sq Feet: Closure = s33.0114e 0.00 Feet: Precision =1/412775: Perimeter = 978 Feet 001: Lt, R-1050.50, Delta= 12.4430 004: Rt, R=20.00, Delta=73.0133 007: Lt, R=50.00, Delta -127.2436 Bn,LY76.4758e Chd=233.13 Bn�s54.1305w, CW=23.80 Bng,82.2642w, Chd49.65 002=s47.3935e 157.73 005=n89.1608w 58.64 008=n11.2211 w 176.12 003LtR=23334 Delta -45.2122 00g:�R%21560D=7.0.3144 Bng41.1550w,i =179.93 BwChd887 File No.: MDA -12-009 Project Name: Southridge J Request: Request for a modification to the development agreement for Southridge, by The Land Group. Location: The site is located south of W. Overland Road between S. Ten Mile Road and S. Linder Road, in the northern portion of Section 23, Township 3N., Range 1 W.