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Southridge MDA-12-009CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (:�WEI� `'p In the Matter of the Request for a Development Agreement Modification for Southridge Subdivision, Located on the South Side of W. Overland Road, Midway between S. Linder and S. Ten Mile Roads, by The Land Group, Inc. Case No(s). MDA -12-009 For the City Council Hearing Date of. January 15, February 19, and March 5, 2013 (Findings on March 19, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 5, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 5, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 5, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 5, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11 -784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11 -SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -12-009 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 5, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a development agreement modification is hereby approved per the provisions in the attached Staff Report for the hearing date of March 5, 2013, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of March 5, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -12-009 -2- By action of the City Council at its regular meeting held on the ► `� day of - 2013. ' COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: City Clerk Copy served upon Applicant, The Mayor Tmgfy de Weerd VOTED VOTED VOTED VOTED VOTED '00' NTE- DAUC 04Lsrl v ✓y oW City of E II1Z IAN;�- IDAHO S F SEAL. mint art �Public Works Department and City Attorney. B . Dated: City erl 's ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -12-009 -3- EXHIBIT A STAFF REPORT Hearing Date: March 5, 2013 (Continued f ow January 15, and February 19, 2013) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: MDA-12-009—Southridge cAElk YDIAN_-�- I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, The Land Group, Inc., requests approval to amend the development agreement (MDA) for Southridge. The request is to replace the "original" Southridge Development Agreement (DA) (Instrument No. 107074205) and the "amended" Southridge DA (Instrument No. 111102269) with a new updated agreement that reflects all properties subject to these DA documents. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA with changes shown in Exhibit A.3, attached Meridian City Council heard this item on Sanuary 1 . F br uaa 19. and March 5.2013. At the public hearing, the Council approved the subject MDA req uect m ummaiv of City Council Public Hearin : L In favor: Jason Dencmer, The Land Group (Applicant's Renreseptatjve) IS In opposition: Ryan Bailey iii. ommenting: Scott Nichols: Steve Przybos: Susan Przybos i!y, Writkn testimony Scott Spears A HD Scott Nichol y, Staff presenting application: Sonva Watt r, yI. Other staff commenting on application: Caleb Hood 12 Key issues of Discussion by Council; L The Council wasn't comfortable removjn m ovUiin from the DA that have already keen ii. completed: Ibc maximum height of the homes along h o uth rn boundary of the site and how th v are measured. s Key Council Changes to Staff Recommendatio I. At the request of Scott Spears, ACED Modify DA provision #4 as shown in Exhibit A ii. At the request of staff. modify DA provision #6.1.5 as shown in Exb—Ab1tAJ, M. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA -12-009 as presented in the staff report for the hearing date of January 15, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny MDA -12-009 as presented during the hearing on January 15, 2013, for the following reasons: (You should state specific reasons for denial.) Southridge MDA -12-009 EXHIBIT A Continuance I move to continue File Number MDA -12-009 to the hearing date of (insert continued bearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located south of W. Overland Road between S. Ten Mile Road and S. Linder Road, in Section 23, Township 3N., Range 1W. B. Owner(s): Linder 109, LLC - 225 N. 9`' Street, Ste. 820, Boise, ID 83702 Ada County Highway District— 3775 Adams Street, Garden City, M 83714 DBTV Southridge Farm, LLC — 209 W. Main Street, Boise, ID 83702 Meridian Library District — 1326 W. Chevy Lane, Meridian, ID83642 Joint School District No. 2 — 1303 E. Central Drive, Meridian, ID 83642 Mission Investment Fund of the Evangelical Lutheran Church in America, 8765 W. Higgins Road, Chicago, IL 60631 DBTV, LLC., 209 W. Main Street, Boise, ID83702 Corey Barton Homes, Inc., 1977 E. Overland Road, Meridian, ID 83642 Cabra Creek, LLC., 2228 W. Piazza Street, Meridian, ID 83646 C. Applicant: The Land Group, Inc. - 462 E. Shore Drive, Eagle, ID 83616 D. Representative: Jason Densmer, The Land Group, Inc. - 462 E. Shore Drive, Eagle, ID 83616 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 24, 2012 and January 7, 2013 C. Radius notices mailed to properties within 300 feet on: December 20, 2013 D. Applicant posted notice on site by: December 28, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of vacant land that is in the development process. Construction sand and gravel mining was approved as an interim use on a portion of the site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Overland Road, rural residential/agricultural land, zoned RUT in Ada County 2. West: Ten Mile Road, rural residential/agricultural land, zoned RI & RUT in Ada County Soutluidge MDA -12-009 EXHIBIT A 3. South: Rural residential/agricultural land, zoned RI & RUT in Ada County 4. East: Linder Road, rural residential/agricultural land, zoned RUT in Ada County and R-8 C. History of Previous Actions: ➢ In 2007, the overall site was granted Annexation and Zoning (AZ -06-031) approval with R-2, R-4, R-8, TN -C, L -O, and TN -R zoning districts (Ordinance #07-1319). A Development Agreement was required as a provision of annexation, recorded as Instrument No. 107074205. A Preliminary Plat (PP -06-031) was also approved in 2007 for 239 lots consisting of 189 residential lots, 11 commercial/other lots, 8 mega lots (to be preliminary platted/developed in the firture), and 31 common/open space lots. Time extensions (TE -09-009; TE -10-018) were approved on the preliminary plat (PP -06-031) which ultimately extended the time in which to obtain the City Engineer's signature on the final plat until February 6, 2012. ➢ In 2008, a Property Boundary Adjustment application was approved that adjusted property lines of 10 existing parcels which would develop and/or be further subdivided in the fixture (PBA -08-014; recorded in 2009 as ROS #8550). (As part of the PBA approval, four of the parcels (Parcels 2, 5, 8, and 9) were not required to go through the platting process; however, all parcels/lots will be required to submit and obtain approval of all necessary development applications). ➢ A Final Plat (FP -08-017) for Phase I was approved in 2008 (and recorded in 2011) at the northeast corner of the site for 60 building lots (53 residential; 7 cormnercial) and 11 common/other lots on 33.6 acres of land in TN -C and TN -R zoning districts. A modification to the final plat (MFP-09- 004) was approved on March 2, 2010. ➢ In 2008, a modification to the Development Agreement (MDA -08-004) was approved and recorded as Instrument No. 111102269. This amendment modified the conceptual master plan and eliminated the mega lot concept which required platting of all parcels. ➢ In 2010, a Conditional Use Permit (CUP -10-015) was approved for construction sand and gravel mining as an interim use on approximately 76 acres of the site, south of Overland Road and west of the Ridenbaugh Canal, for a time period of 18 months. A modification to CUP -10-015 (MCU -11-001; AP -11-001) was approved on June 7, 2011 to allow back-up beepers to be used on construction vehicles within the site. Another modification to CUP -10-015 (MCU -12-003) was approved on October 2, 2012 to extend the period of time the use is allowed to operate for an additional 18 months, until April 4, 2014. ➢ A Rezone (RZ-08-008) of 12.76 acres at the northeast corner of the site from TN -R to TN -C was approved on January 27, 2009 for the Beacon at Southridge (Ordinance 09-1396). No development agreement modification was needed. ➢ Annexation and Zoning (AZ -09-009) of the 6.16 acre Hodges parcel, an out -parcel from the original Southridge project, to the R-8 zoning district was approved on December 22, 2009. A development agreement was not required and this property was not subject to the Southridge DA. ➢ A Comprehensive Plan map amendment (CPA -09-010) to change the fixture land use map designation on 60.74 acres of land at the northwest corner of the site from Medium High Density Residential (MHDR), Medium Density Residential (MDR), Green Space & Park Land (PARK), and Mixed Use Commercial (MUC) to Mixed Employment (ME) was approved on June 8, 2010 for Southridge West Commercial (Cabra Creek, LLC). Annexation and Zoning (AZ -09-010) of 5.63 acres at the northwest corner of the Southridge West Commercial property (an outparcel from the original Southridge project) to the M -E zoning district Southridge MDA -12-009 EXHIBIT A was also approved. A development agreement was not required A Rezone (RZ-09-006) of 9.33 acres on the northeast corner of Ten Mile & Overland Roads from the R-8 to the C -C zoning district was approved in 2010. A new Development Agreement was required as a provision of the rezone for the rezone area only (Instrument No. 111046512). ➢ An amendment to the Comprehensive Plan (CPAM-11-001) was approved on October 18, 2011 to change the future land use map designation on 26.38 acres from Medium Density Residential (MDR) to Medium High Density Residential (MHDR) for Southridge Apartments (DBTV, LLC). A Rezone (RZ-11-002) of 42.36 acres from the TN -R, R-4, and R-8 zoning districts to the R-15 zoning district was also approved. A new Development Agreement was required as a provision of the rezone (Instrument No. 111099621). D. Utilities: 1. Public Works: a. Location of sewer: NA b. Location of water: NA c. Issues or concerns: NA E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal bisects the subject property. 2. Hazards: NA 3. Flood Plain: NA VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is to replace the "original" Southridge Development Agreement (DA) (Instrument No. 107074205) and the "amended" Southridge DA (Instrument No. 111102269) with a new "modified" DA that reflects all properties subject to these documents. Since the annexation was approved for the 291+/- acre Southridge development, 61 +/- acres at the northwest corner of the site was purchased by Cabra Creek, LLC and 40 +/- acres at the north boundary of the site midway between Ten Mile and Linder Roads was purchased by DBTV, LLC. As a result of associated rezones, all of the DBTV owned property is now under its own DA (Instrument No. 111099621); and the C -C zoned portion of the Cabra Creek property is also under its own DA (Instrument No. 111046512). While these properties now have their own DA's, they are still subject to the original Soutbridge and the amended Southridge DA's (the DA's). Thus the reason for the subject modification to remove these properties that now have their own DA's from the Southridge DA. Note: Approximately 51 acres of the Cabra Creekproperty is still governed by the Southridge DA until such time as a rezone is approved; at that time, the DA for Cabra Creek will be modied to include that area. ACHD has recently purchased the property at the southeast corner of Ten Mile & Overland for a park and ride lot; this property is proposed to be removed from the original and amended Southridge DA's once the property develops as a park and ride lot. The adjacent R-4 zoned parcel is still owned by Linder 109 and was intended to develop with a fire station. If a fire station does not develop on this site, the modified DA requires this property to be rezoned and requires a new DA specific to the uses proposed by the developer. DBTV Southridge Farm, LLC now owns the commercial properties at the Southridge MDA -12.009 EXHIBIT A southwest corner of Overland and Linder Roads. Therefore, changes to the modified DA are proposed to update the ownership infm7nation specific to these properties. Finally, the DA amendment proposes to remove conditions that have already been completed. Staff is supportive of the proposed changes to the DA shown in PahibitA.3 as they will clean tip many outdated requirements as well as update the agreement based on ownership and changes to the site. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Development Agreement Boundaries 3. Proposed Development Agreement Southridge MDA -12-009 Exhibit A.1: Vicinity/Zoning Map Southridge MDA -12-009 EXHIBIT A Exhibit A.2: Development Agreement Boundaries Interstate 1-64 Southridge MDA -12-009 EXHIBIT A Exhibit A.3: Proposed Development Agreement Southridge MDA -12-009 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 S. Mission Investment Fund of the Evangelical Lutheran Church in America, Owner 6. DBTV Southridge Farm, LLC, Owner 7. Corey Barton Homes, Inc., Owner 8. Cabra Creels, LLC, Owner 9. Joseph R. and Stacie M. Rice, Owner 10. Ada County Highway District, 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. 9th 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 Southridge Farm, 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; Cabra Creek, LLC whose address is 2228 W. Piazza Street, Meridian, Idaho 83646; Joseph R. and Stacie M. Rice whose address is 2212 S. Old Thorn Lane, Meridian, Idaho 83642; and Ada County Highway District (ACHD) whose address is 3775 Adams Street, Garden City, Idaho 83714, hereinafter called "OWNERS". I 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 #111102269), approved on December 13, 2011 and recorded on December 13, 2011 on the land described in Exhibit "A'; and Development Agreement Modification — Southridge Page 1 of 22 MDA 12-009 1.3 WHEREAS, Cabra Creek, LLC, the Owner of a portion of the PROPERTY as described in Exhibit B entered into a Development Agreement (instrument 4111046512), approved on June 7, 2011 and recorded on June 8, 2011 which affects a portion of the CABRA PROPERTY; and 1.4 WHEREAS, DBTV Southridge Farm, 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 1.5 WHEREAS, each Owner 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'; or that certain Development Agreement by DBTV, LLC (predecessor to DBTV Southridge Farm, LLC) (instrument #111099621) on the land described in Exhibit "C'; and 1.6 WHEREAS, this Development Agreement Modification was entered into voluntarily by the OWNERS at their urging and request; and 1.7 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, hereinafter 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 1.10 WHEREAS, OWNERS were granted annexation and zoning of the Property's described in Exhibit A, with 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 1.11 WHEREAS, OWNERS made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, Development Agreement Modification — Southridge Page 2 of 22 MDA 12-009 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 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. 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 W. 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 Southridge Farm, LLC, whose address is 209 W Development Agreement Modification — Southridge Page 3 of 22 MDA 12-009 Main Street, Boise, ID 83702; Corey Barton Homes, Inc. whose address is 1977 E. Overland Road, Meridian, Idaho 83642; Cabra Creek, LLC whose address is 2228 W. Piazza Street, Meridian, Idaho 83646; Joseph R. and Stacie M. Rice whose address is 2212 S. Old Thorn Lane, Meridian, Idaho 83642; and Ada County Highway District whose address is 3775 Adams Street, Garden City, Idaho 83714, the parties developing said PROPERTY and shall include any subsequent owner(s) of the PROPERTY. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A 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, 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 SOUTHRIDGE FARM PROPERTY (EXHIBIT C): means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit C, 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 DBTV SOUTHRIDGE FARM PROPERTY (LOTS 1 THROUGH 5): means and refers to Lots 1 through 5, inclusive of Block 1, Southridge Subdivision Phase 1, a recorded subdivision on file at Pages 14056 through 14063 of Book 104, records of Ada County, Idaho. 3.9 ACHD PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit G, attached hereto and incorporated herein as if set forth at length. 10 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 22 MDA 12-009 11 SINGLE FAMILY RESIDENTIAL PROPERTIES: means and refers to any property for which a final plat has been recorded for the purposes of single-family residential home construction. 4 PROPERTIES TO BE REMOVED FROM DEVELOPMENT AGREEMENT: 4.1 CABRA PROPERTY: The portion of the CABRA PROPERTY that is zoned C -C, consisting of 6.66+/- acres, located at the northeast corner of S. Ten Mile Road and W. Overland Road shall not be subject to this Development Agreement. Cabra Creek LLC and the City have entered into a separate Development Agreement governing development of this portion of the CABRA PROPERTY, said Development Agreement (instrument #111046512) having been approved on June 7, 2010 and recorded on June 8, 2011. Prior to development of the remainder 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, none of the CABRA PROPERTY shall be subject to this Development Agreement. Unless otherwise specifically modified, the portion of the CABRA PROPERTY subject to the Development Agreement (instrument #111046512) 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 SOUTHRIDGE FARM PROPERTY (EXHIBIT C): The DBTV SOUTHRIDGE FARM PROPERTY (EXHIBIT C) shall not be subject to this Development Agreement. DBTV, LLC (predecessor to DBTV Southridge Farm, LLC) and the City have entered into a separate Development Agreement governing development of the DBTV SOUTHRIDGE FARM PROPERTY (EXHIBIT C), said Development Agreement (instrument #111099621) having been approved on November 21, 2011 and recorded on December 7, 2011. 4.3 ACHD PROPERTY: Upon development of the ACHD PROPERTY as a park-and- ride area, the ACHD PROPERTY shall not be subject to this Development Agreement. ACHD's obligations under this Development Agreement shall only relate to the development of the ACHD PROPERTY, as provided in this paragraph 4.3. 4.4 LINDER 109 PROPERTY: Prior to development of the LINDER 109 PROPERTY, the Owner of the LINDER 109 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 LINDER 109 PROPERTY shall not be subject to this Development Agreement. Development Agreement Modification — Southridge Page 5 of 22 MDA 12-009 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 11-213-2, 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 entire property described in Exhibit A, unless otherwise specifically approved by the City Council through subsequent applications. 5.2 Construction and development of: Southridge Development Agreement Densities Residential Lots / Units Apartments (R-15) on DBTVSOUTHRIDGEFARM EXHIBIT C) Property 598 Beacon At Southridge (TN -C) on Parcel 2 250 max R-2 On Parcels 1, 3, & 7 438 or balance to 1,286 total R-4 R-8 Total 1 286 Commercial /Retail /Commuuit Village Center 5 C -C Zoning (portion of Cabra Property) 3 Limited Office 5 Parcel 8 1 School 1 Library 1 Total 16 Grand Total 1302 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 Development Agreement Modification — Southridge Page 6 of 22 MDA 12-009 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). 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 applicable zoning district. 6.1.5 That all TN -C zoned lots develop consistent with UDC standards for the TN -C zone, except for the public library and any 1 -story portions of assisted -living facility structures on Parcel 2. 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 the ACRD PROPERTY and those Parcels 2, 4, 5, and 8 which may not require platting [as a result of realignment of legally buildable parcels via the Property Boundary Adjustment survey (instrument #109045733), attached as Exhibit D]. 6.1.8 That, subject to ACRD approval, a maximum of five public street accesses, and up to two driveways, to Overland Road will be allowed on the PROPERTY (not including Parcel 8). No direct lot access or driveways to Ten Mile Road will be allowed on this site, except as specifically allowed by ACHD or as specifically addressed by that particular Development Agreement affecting a portion of the CABRA PROPERTY recorded as instrument number 111046512 and paragraph 6.2.1. 6.1.9 That the OWNERS shall release any interest the subject properties may have in existing private road easements for Windy Ridge Lane and/or Old Thom Lane as the areas are developed and/or platted. That the OWNERS Development Agreement Modification — Southridge Page 7 of 22 MDA 12-009 agree 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 OWNERS will be responsible for all costs associated with extension of sewer and water services. 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 street buffer landscaping adjacent to Overland Road on Parcel 8 shall be installed with the development of Parcel 8; 6.1.12.2 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. 6.1.14 That any existing domestic wells and/or septic systems within the project shall be removed from their domestic service, per City Ordinance 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 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 ACRD 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 Development Agreement Modification — Southridge Page 8 of 22 MDA 12-009 location as coordinated with the City's Public Works Department. 6.2.3 That all of the street buffer landscaping adjacent to Overland Road and Ten Mile Road on Parcels 6 and 10 shall be installed with the first development application on either of these parcels. 6.2.4 That a City approved access shall be provided to Parcel 9 from/across Parcel 10 prior to building construction. 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 I prior to occupancy of the 300th single family residential dwelling Development Agreement Modification — Southridge Page 9 of 22 MDA 12-009 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 Overall Master Concept Plan attached hereto as Exhibit H. Detailed review and approval of the internal street systems will occur with the development or platting of each phase. 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 #S1223233905 or #51223234100, when Parcel 7 is platted. 6.3.7 That a 6 -foot tall masonry fence be constructed and maintained adjacent to the lots in Val Vista Subdivision and Aspen Cove Subdivision. 6.3.5 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 (measured from either the midpoint of the front of the lot at the top back of curb, or the midpoint of the rear of the lot (whichever is more restrictive), to the average height of the highest roof surface. In the event the maximum height of the home as so measured is lower than the top of the fence as constructed per paragraph 6.3.7, then the maximum height may be increased so that the maximum height is equal to the elevation of the top of the fence at the midpoint of the rear of the lot. 6.3.9 That the number of building lots along the southern property boundary abutting the lots in Val Vista Subdivision shall not be more than fourteen (14) as approved with the original conceptual development plan. 6.3. 10 That lots along the southern border shared with Val Vista Subdivision and Aspen Cove Subdivision provide a minimum 50 -foot rear setback. 6.3.11 That all street buffer landscaping adjacent to Linder Road on Parcel 3 shall be installed with the first development application for Parcel 3; 6.3.12 That all street buffer landscaping adjacent to Overland Road and Ten Mile Road on Parcel 7, except for those buffers on the ACRD PROPERTY Development Agreement Modification — Southridge Page 10 of 22 MDA 12-009 shall be installed with the first development application for Parcel 7; 6.3.13 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, roofiines, colors, and architectural styles. 6.4 The Owner of the DBTV SOUTHRIDGE FARM (LOTS 1 THROUGH 5) PROPERTY shall develop the DBTV SOUTHRIDGE FARM (LOTS I THROUGH 5) 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. 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 8.1 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: 8.1.1 That the City provide written notice Agreement to OWNERS and if the within six (6) months of such notice. Development Agreement Modification — Southridge MDA 12-009 of any failure to comply with this OWNERS fail to cure such failure Page I 1 of 22 8.2 CONSENT OF SINGLE FAMILY RESIDENTIAL PROPERTY OWNERS: Owners of SINGLE FAMILY RESIDENTIAL PROPERTIES consent with respect to their own property to any and all future modifications of this Development Agreement and assign to the President of the Southridge Homeowner's Association, Inc. the authority to approve and execute such modifications on their behalf. 9 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 terns and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 10 DEFAULT: 10.1 In the event OWNERS, OWNERS' 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 Development Agreement Modification — Southridge Page 12 of 22 MDA 12-009 OWNERS 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 hi the event the performance of any covenant to be performed hereunder by either OWNERS or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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 OWNERS agree to provide, if required by the City. 15 CERTIFICATE OF OCCUPANCY: The OWNERS agree 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 OWNERS agree to abide by all ordinances of the City of Meridian and the PROPERTY shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. Development Agreement Modification — Southridge Page 13 of 22 MDA 12-009 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 Cleric City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNERS: Linder 109, LLC 225 N. 9"' 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 Mission Investment Fund of the Evangelical Lutheran Church in America 8765 W. Higgins Road Chicago, Illinois 60631 Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 Corey Barton Homes, Inc. 1977 E. Overland Road Meridian, Idaho 83642 DBTV Southridge Farm, LLC 209 W. Main St. Boise, Idaho 83702 Cabra Creek, LLC 2228 W. Piazza Street Meridian, Idaho 83646 Joseph R. and Stacie M. Rice 2212 S. Old Thorn Ln. 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 Development Agreement Modification — Southridge Page 14 of 22 MDA 12-009 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 OWNERS 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 OWNERS, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that OWNERS 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. 22 FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between OWNERS 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 OWNERS 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 22 MDA 12-009 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 JOINT SCHOOL DISTRICT NO.2 MISSION INVESTMENT FUND OF THE ENVANGELICAL LUTHERAN CHURCH IN AMERICA Harvey Olson, Director for Real Estate Development Agreement Modification — Southridge MDA 12-009 DBTV SOUTHRIDGE FARM, LLC By: EAMI, LLC, Manager JOSEPH R. AND STACIE M. RICE Joseph R. Rice Stacie M. Rice Corey Barton Homes, Inc. By: Cabra Creek, LLC By: Mike McCollum, Manager Page 16 of 22 ADA COUNTY HIGHWAY DISTRICT Sara M. Baker, Commission President CITY OF MERIDIAN Mayor Tammy de Weerd ATTEST: Jaycee L. Holman, City Clerk Development Agreement Modification — Southridge Page 17 of 22 MDA 12-009 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) STATE OF IDAHO ) ss County of Ada Notary Public for Idaho Residing at: My Commission Expires: 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 SOUTHRIDGE FARM, 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 18 of 22 MDA 12-009 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 Joseph R. and Stacie M. Rice, known or identified to me, who executed the instrument and acknowledged to me that they 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) STATE OF IDAHO ) ss County of Ada Notary Public for Idaho Residing at: My Commission Expires: 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 aclmowledged 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 19 of 22 MDA 12-009 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 ) 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: Development Agreement Modification — Southridge Page 20 of 22 MDA 12-009 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) STATE OF IDAHO ) ss County of Ada Notary Public for Idaho Residing at: My Commission Expires: 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 Director for Real Estate 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: Development Agreement Modification — Southridge Page 21 of 22 MDA 12-009 STATE OF IDAHO ) ss County of Ada ) On this day of , 2013, before me, a Notary Public, personally appeared Sara M. Balser, ]mown or identified to me to be the Commission President, of the Ada County Highway District, a body politic and corporate of the state of Idaho, who executed the instrument or the person that executed the instrument of behalf of said body politic and corporate, and acknowledged to me that such 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: 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 band 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 22 of 22 MDA 12-009 EXHIBIT A PROPERTY January 23, 2007 Project No. 05021 Legal Description Southridge Subdivision 290.87 acres THE LANA GRnUV, INC. �.f `IfEiill�T� 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 00141'26" 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 89002'56" 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 59159'27" West a distance of 73.72 feet to a point; 90.21 feet following the are 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 8113 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: Ar LradrmprAirkiterprn s Site Planning • 014/Prtghwdng • Goff conrre zoigmion ds' Ergrnredig • Grnpbie Coumnmiradon 462 r?. Shore Dim, Ste. 100, Iingle, Idaho 83616 e P 208.939.4041 [1208.939.4445 • wuw.dx•1"ndirolU,i nucom 0:\GID\1ing1c'rrnmI`cr Hiles\05021\Admin\L.cgala\LL_060504cdwnrd<_05021annexl.doc THE LANA GAOUP. INC, North 5405745" 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 4310330", a chord bearing of North 76129'30" 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 a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 61'17'12", a chord bearing of South 51020'09" 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 are a circular curve to the right, said curve having a radius of 420.00 feet, a central angle of 35150'36", a chord bearing of South 38°36'51" West and a chord distance of 258.48 feet to a point: South 56132'09" West a distance of 343.51 feel to a point; 166.04 feet following the are a circular curve to the right, said curve having a radius of 64.63 feet, a central angle of 147'l 2'00", 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 89004'17" 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 05°20'23" East a distance of 201.34 feet to a point; Thence North 13°10'43" 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; AV Ilredrrnpe AnLirmnre • Sire P/wmHg • Cinil Emghimig • GolfConrse Grrgnfion & L'e(gineerilg • GmPhie C'omnaniirnlion 462 r. Shore Drive, Ste. 100, Hngle, Idaho 83616 • P 208.9324041 P 208.939.4445 a �v�vw.thdnndg ouni,� nc cum Q\CAD\ lingle'rr"narer Fileo\05021 \Admin\I.egnla\Ll,_060504cdwnrrlo_0502hnuusttloc THE LAND GROUP, INC. Thence North 14°01'47" West a distance of 273.94 feet to a point; Thence North 13°11'58" 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 on 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 89°19'29" East a distance of 250.00 feet to a found 5/8 -inch steel pin; Thence North 00138'49" 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 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 89015'27" East a distance of 1,125.68 feet to a point; Thence leaving said northerly line, South 00°44'33" 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; liwdirnju /lrrb#erb m s Sire Plwwigt • CUIE'llgieeeditt • Co ff conrre laigolioii & EgglnrcHng • G).&PUr Cwuwnwiratiar 46214. Shore Drivc, Stc. 100, 13ag1c, rdnho 83616.1' 208.939.404117203.939.4445 • wwm.thch l�t`n iccc m 0ACA0\Tsng1c Trnnsfcr hila\05021\AJmin\l..cg+,ls\LL _060504cdwncds_05021 mnwxtdoc 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 Comer 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 89°09'38" 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 65039'49" East a distance of 276.09 feet to a point; Thence North 00°46'43" 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. SNORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) U] YAD FA_ Ermdsenne Anbiurt ra r Silo Pingnieg • Chil Eghtredng e GolfConrie lmgnlion &E,tgineedeg + Graphic Comiimuiradon 462 R. Shorc Drive, Stc. 100, Lingle, Rlnho 83616 • P 208.939.4041 F 208.939A445 uavu.drdn rdJ�roupinc cnm O:\CAD\R.nglc'rmnsfcr Filo\05021 \Admin\Isgnls\1.1_060504edNvnrds_05021mtncxtdoc a ' FWTII�'&P`s 1•4;i1 en!u SouthRidge Subdivision ?($ Annexation Bounda R11 o t I R Meridian, Idaho a; EXHIBIT B CABRA PROPERTY �I" V `�'a Page 1 of 2 �® 4--A THE LAND GROUP, INC. July 6, 2010 Project No. 110075 Southridge Development Agreement Modification West Side 64.52 Acres 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 paint 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 80°37'24", 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 10008'10" West a distance of 241.46 feet to a point; Iff La"dsrapeAnbiteelitn -Site Pla,"ring • Qx1 Eighteemg o Goff Comolnigatiaa &Eigiaeerrg o GraAbir CovmmAwlioa 261 Canyon Crest Drive, Twin Fans, Idaho 83301 P208-733-4041, P208-733-4045 ® }+nvm thelandgAPiac com G:\2010\110075\Admin\Legals\L 10706 SouthridgeWest 110075.doc PPage 2 of 2 4e 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 89616'08" 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 208-939-4045 (FAX) ,7•6.10 01 LaadkrapeAnhilerlm aSite P&mning-GPi1Eagineeintg aGojrCoarre Lrigation &Engineering aGtaphie Commmiim/ion 261 Canyon Crest Drive, Twin Palls, Idaho 83301 P208-7334041, F208-733-4045 o www thelandUoupinc.com G:\2010\110075\Adm1n\Ug,ds\1, 10706 SouthtidgAVest 110075.doc Ao t tJ co N G Q co EY OR � M Q W N c K Z M O N O U) r I U ' m\U) O N uOu�� fn w V Ao t tJ co N G Q co EY OR � M :p: 3g: r Ols 00Z 0 0 O N uOu�� fn w V Lo N O V) U' yam- = CO e W ZJ Z En U Y Z M N UU F N N .O O mzco Z g O d 7 ',L Q N dN p130H 1IIN [jai's U z J ^o � co N a o 0 � o 0 0 0 Z w U lNj w� N Ao t tJ co N G Q co EY OR N � M U W r Ols 00Z �N oZia N � M U W r �}t� 00Z �N y w -,4Z'LLL -- Lo N O V) yam- = CO W nd W N co En U Y Z N UU F O � W mzco Z O d 7 XZ716t 3„609.0N p130H 1IIN [jai's fly mm� u'4, S14 bcq W 00Z y � • -,4Z'LLL -- 3„61,k.ON sf of M \W N Z UU LU N EXHIBIT C DBTV SOUTHRIDGE FARM PROPERTY 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 89°19'41" 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 89019'41" 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 point; Thence South 89°19'29" East a distance of 250.00 feet to a point; Thence South 00.38'49" West a distance of 137.22 feet to a point; Thence South 28°49'56" 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 11050'08", 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 33°25'46", 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 35023'08" West a distance of 26.28 feet to a point; Thence South 52°07'13" West a distance of 50.00 feet to a point; Thence South 52°03'57" West a distance of 114.78 feet to a point on the northerly right-of-way line of the Ridenbaugh Canal; 0 Lmidrrrje-4rehitartme • Sile PlawhN • 0XI Errgineenrg o Golf Canne lmgafron e3'Engineenng • Gmpliia Connnnnicr1/ 11 462 P. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.9394041 P 208.939.4145 • www thclandg, nupi corn G:\2011\111052\Admin\Legals\l.. 110822 Rezone 111052.doc Page 1 of 3 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 83°12'27" West and a chord distance of 284.46 feet to a point; Thence leaving said northerly right-of-way line, North 56"31'59" 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 03°28'17" West a distance of 188.54 feet to a point; North 86°31'43" 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 68°52'24", a chord bearing of North 37°54'29" 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 08°18'42", 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 62°45'31" 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; UrnAsr e Anbitechur ®Sita Plmrni,rg o Civil Engineering a Ga1JConrrelnrgn7ion &Er reeeratg • Grapfiic Conm"micalion 462 P. Shore Drive, Ste. 100, Eagle, Idaho 83616 e 11208,939.4041 F 208.939.4445 • wwm.thclandrrouninc com G:\2011\111052\Admin\Ugals\I, 110822 Rezone 111052.doc Page 2 of Thence following the centerline of said Ridenbaugh Canal the following three (3) courses: North 61°29'03" 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°53'57", a chord bearing of North 85056'02" West and a chord distance of 310.42 feet to a point; South 69°37'00" 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) 9.22 20(1 Landsrape Arrbiftmre e Sile Plmrnhig a Gall Engineering • Go fConrre lmigalian &Ertghteedeg a Gmfi)* Cammndrollw, 462 E. Shore Drive, Stc. 100, Eagle, Idaho 83616 G P 208.9324041 P 208.939,4445 ® tv%"v.thelandgunine com (3:\201 l\111052\Admin\Lcgals\L. 110822 Rezone 111052.doc Page 3 of 3 w O dID \ \ m \ a W G 0; \ O Y\ \l\ r N �3 70 o (D D�sr•, z w \ O WmA �W N o � �' ub lBQ J8, •I `'' Tr n L � A W J n N ENGINEER/SURVEYOR TBE LAM A,c,.zrGROUP. INC. g 6+� d r a Ery[ncunng s [ Pt g rnl/ r / rg h n & Enginessirz9 r rn.c n ro rsr s sn a n / vn easrg as pR F ig t \�P � $0 �3 N V Oni Vni P W N � m� y (� V Sn N o • N o S N $ t0 N b 1. A p N m v p P � 0~pi OAS VW ,(0n S i11 Z W C W S CD A-�Eil (•1 ''D Z G1 O dID \ \ m \ a W G 0; \ O Y\ \l\ r N �3 70 o (D D�sr•, z w \ O WmA �W N o � �' ub lBQ J8, •I `'' Tr n L � A W J n N ENGINEER/SURVEYOR TBE LAM A,c,.zrGROUP. INC. g 6+� d r a Ery[ncunng s [ Pt g rnl/ r / rg h n & Enginessirz9 r rn.c n ro rsr s sn a n / vn easrg as pR F ig t \�P � $0 �3 PROJECT INFORMATION 1"=300' ....... 08/22/2011, 111052 1 ®f 2 � A_ • fTt Z G1 A Xf; z WN m m �I A N � • N n Z W 1"=300' ....... 08/22/2011, 111052 1 ®f 2 EXHIBIT D PROPERTY BOUNDARY ADJUSTMENT SURVEY a 9 roAP�i ro- � l fs gi� Ti Ul � ry�`�4' s4A` r oS6;iQ P'T d � e ° -aw aaam-1 -S , m �� �E ONINI3B �0 SISV9 ..I�.-'.....g.$�....":.....�o..,L9T59Z M.92.Itt6S ........................... g J i § p.919 '!9 .i.$ ..................mfero'1m9C! . .b............. ... _}� M985I dO pati ' 6�`S•y0\9 � N r u M P I� d I 72 / d g a \ ' 9tef6 T s<. u g� r s� ... 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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 I 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 EXCLUDING THEREFROM The "Rice Lot' Parcel as described in Exhibit E4 as attached. THE LAND GROUP, INC. September 2, 2008 Project No. 06361 Legal Description Record of Survey Parcel 1 Linder 109, LLC. 71.89 acres Exhibit E1 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 Comer of said Section 23 on the centerline of West Overland Road, fi-om 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 Ieaving 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 00041'26" West a distance of 713.31 feet to a 5/8 -inch steel pin; Thence Ieaving said westerly right-of-way line, North 89'18'32" West a distance of 101.48 feet to a 5/8 -inch steel pin; Thence North 89°34'27" 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 arc 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 or Londsealf Ar$ilectnn` • Site Plmmieg • Civil Engineering -Goff f Cowse lydgnhar & Engineering o Gmybk Corntrm✓inmtiwr 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • 11208.939A041 P 208.939.4445 o www thelandnroi r Inc tom G:\2006\06361\Admin\Legal.,\RRCORD Oh SURVEY\11_080617_06361_ southridge_parcel Ldoc THE LAND GROUP, INC. North 45038'08" 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 are 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 62018'33" 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 54151'32" West, and a chord distance of 155.75 feet to a 5/8 -inch steel pin; Thence North 71'19'33" West a distance of 16.94 feet to a 5/8 -inch steel pin; Thence 31.42 feet following the are of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 90°00'00", 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 18°41'27" West a distance of 144.96 feet to a 5/8 -inch steel pin; Thence 364.66 feet following the, are of a circular curve to the right, said curve having a radius of 625.00 feet, a central angle of 33°2546", a chord bearing of South 35°24'20" 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 are of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 78°30'54", 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 arc 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 are of a non tangent curve to the left, said curve having a radius of 150.00 feet, a central angle of 20110'12", a chord bearing of South 07112'47" 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 are 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; or Joiidsc*e An:hileaflir •Site Planning • Civil Enginenmg • Goff Conrw Irrignlion &En aiming o Graphic• Communirolim 462 F. Shore Drive, Ste 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 •www tluLmdgroupinc.com G:\2006\06361\Admin\Leg�ls\RECOIdD OF SURVEP\1t_080617_06361_southridge_pamel 1.doc 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 82°38'49" 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 89011'55" West, and a chord distance of 172.05 feet to a 5/8 -inch steel pin; Thence 27.66 feet following the are of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 79'13'53", 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 91'10'32", 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 are 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 are 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 are of a compound curve to the left, said curve having a radius of 20.00 feet, a central angle of 94°49'57", a chord bearing of North 81 91'52" West, and a chord distance of 29.45 feet to a 5/8 -inch steel pin; Thence North 36°01'32" West a distance of 50.07 feet to a 5/8 -inch steel pin; Thence 3197 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 91'34'54", a chord bearing of North 05015142" East, and a chord distance of 28.67 feet to a 5/8 -inch steel pin; Thence North 49°27'42" East a distance of 50.00 feet to a 5/8 -inch steel pin; Thence 41.31 feet following the are 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 3990'38" 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; or LnnArrmpeArrGi/erhiro • Site P/amdug ® CbV Engiueedq e GolfConcreLrignlioi & E glueerirrg o Grop/x'r Connnnxi<nlron 462 E. Shore Drive, Ste. 100, Engle, Idaho 83616 o P 208.939.4041 P 208.939.4445 • wwm.ttiel andgrnuuim: ernn C:\2006\06361\Admin\Ixg,ils\RECORD OF SUITVEY\II_080617_06361southridge_parcel 1.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 light, said curve having aradius of 200.00 feet, a central angle of 90°39'20", a chord bearing of South 83°12'27" East and a chord distance of 284.46 feet to a 5/8 -inch steel phi; 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 35°23'08" East a distance of 26.28 feet to a 5/8 -inch steel pin; Thence North 5200713" East a distance of 118.95 feet to a 5/8 -inch steel pin; Thence 113.77 feet following the are of a circular curve to the left, said curve having a radius of 195.00 feet, a central angle of 33125'46", a chord bearing of North 35024'20" East, and a chord distance of 112.17 feet to a 5/8 -inch steel pin; Thence North 18°41'27" 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 are 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 57°17'04" East and a chord distance of 57,63 feet to a 5/8 -inch steel pill; 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°32'22", a chord bearing of South 61'28'03" East, and a chord distance of 93.99 feet to a 5/8 -firth steel pin; d InndsrapeAabiteNma -Sae Plami ng ® 0ml Engmeenugo Golf Coerre Irrigrlliw� & Engimenng • Gmplm romimmimlim 462 P. Shore Drive, Ste. 100, Lingle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • mm.thelmtde oti)inc coDA G:\2006\06361\Admin\lxgals\ItECORD OF SURVEY\11_080617_06361_sonthridpe_pa cel i.doc THE LAND GROUP, INC. Thence South 71'18'33" East a distance of 261.09 feet to a S/8 -inch steel pin; Thence 31.42 feet following the are of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 90°00'00", a chord bearing of North 63041'27" 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 are of a reverse curve to the left, said curve having a radius of 76.49 feet, a central angle of 91'08'46", a chord bearing of North 08°34'31" East, and a chord distance of 109.26 feet to a 5/8 -inch steel pill; Thence North 53°00'22" East a distance of 49.00 feet to a 5/8-hich 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 are 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 48°08'00" East a distance of 65.33 feet to a 5/8 -inch steel pin; Thence 140.47 feet following the are of a circular curve to the left, said curve having a radius of 275.00 feet, a central angle of 29°15'56", a chord bearing of North 33°30'02" East, and a chord distance of 138.94 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 are of a circular curve to the right, said curve having a radius of 325.00 feet, a central angle of 27158'08", a chord bearing of North 32051'08" East and a chord distance of 157.08 feet to a 5/8 -inch steel pin; Thence North 46°50'12" East a distance of 169.43 feet to a 5/8 -arch steel pin; Thence 28.35 feet following the arc of a circular curve to the Ieft, said curve having a radius of 20.00 feet, a central angle of 81113'33", a chord bearing of North 06013'26" East and a chord distance of 26.04 feet to a 5/8 -inch steel pin; Thence 167.25 feet following the arc of a reverse curve to the right, said curve having a radius of 275.00 feet, a cental angle of 34150'47", 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 LnvdrropeAa1ztec1me o SUe Pla mg • 0mr1 EnSmee)ing • GolfCosrseL71Sd11on e3'EiWwrng • GtapGir Conpvnnrmtron 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 e P 208.939.4041 F 208.939.4445 • wa�v.chclvidgr> ihr is co n G\2006\06361 \Adniln\Legals\RECORD OF SURVfiY\Il_080617_06361_southridge_parcel l.doc Ooh 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) Ar 1<mdreopeA1r&1 rher • Site Planning o GvW Fghterntg e Goi•/Corvrr lrrignlimr &Enginredng • Gsr�phk Connsmrimtiwr 462 H. Shore Drive, Ste. 100, Fmgle, Idaho 83616 e P20&939.4041 F 208.939.4445 ®www thctvrdytngpincto n G:\2006\06361\Admin\lxgals\10-,COIiD OF SUR\71±v\l_080617_06361_sovthridgc_Parcel I.doc Title: Linder 109, LLC Date: 09-03-2008 Scale: 1 inch = 500 feet File:06361 Record of Survey Parcel 1 THIS LAND GROUP, INC. September 2, 2008 Project No. 06361 Legal Description LINDER 109, LLC. Record of Survey Parcel 3 36.79 acres Exhibit E2 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: Contuntencing at a found 1/2 -inch steel pin monumenting the Northeast Corner of said Section 23 on the centerline of South Linder Road, front 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 OR BEGINNING. Thence following said westerly right-of-way line, South 00041'26" 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°59'27" West a distance of 73.72 feet to a point; Pr LanAreapeAlrbitertmra -silt P/auriirg o Civil Eigineethg -Golf Comr e lnrgaion &Eigiawbg o G)ophit Commuu8aian 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • 11208,939.4041 F 208.939.4445 • wwre.thclnndemnpiuc <om G:\2006\06361\Admin\Legals\RGCORP OF SURVEY\11_080707_ 06361_southridge_parcel 3.doc Page 1 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 81°31'39" West, and a chord distance of 88.10 feet to a point; South 76056'09" West a distance of 93.79 feet to a point; 83.95 feet following the are 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 are 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 20°41'33" 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 are 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°1753" West a distance of 110.54 feet to a point; Ar LrmdnapeAnbilmor e Site Plmmbig a Cinil Engineering • Golf Comre Inigalko &Enghimbig • Grafibk CommmiraAon 462 F. Shorn Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 P 208.939.4445 • �t�me.thelandglovpinucom G:\2006\06361\Admin\Lcgils\RFC01M OF SURVEY\11_080707_ 06361_southridge_parcel 3.doc Page 2 of THE LAND GROUP, INC. 52.81 feet following the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 20°10'12", a chord bearing of North 07'12'47" 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 are of a non tangent curve to the right, said curve having a radius of 275.01 feet, a central angle of 139759", a chord bearing of North 18049157" 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 51°57'41 ", 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 are 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 are 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 35°24'20" East, and a chord distance of 359.51 feet to a 5/8 -inch steel pin; Thence North 18°41'27" East a distance of 144.96 feet to a set 5/8 -inch steel pin; Thence 31.42 feet following the are 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 719 8'33" East a distance of 1694 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; or LnidsrapeAnhileetnre a Site Planning • GWEnyneemrg ® GvlfCamrse Inigntion &Froimering e Gmohie Comm"uralien 462R. Shore Drive, Ste. 100, Marie, Idaho 83616 • P208.939.4041 F 208.939.4445 o wv%v.thela idgroapinc com G:\2006\06361 \Admin\Lcgats\RP.CO1tD OF SUItVI3Y\II_080707_06361_southridge_parcel 3Aoc Page 3 of 4 Thence 30.20 feet following the are 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 89°18'32" 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 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) LnadrmpeAmGirednra -Site P741111hg o Civil Ergrnrewng e GalfCorrrre LrrgnNnn &Engineedig e GFa'b&r CwN1R"1dradgff 462E Shore Drive, Ste. 100, Fagle, Idaho 83616 a P 208.939.4041 F208.939.4445 a www dulandgrouniT nc corn G:\2006\06361\Adnun\Leos\RL;COIZD OF SURVJ?Y\11_080707_06361_southridge_pareel 3.doc Page 4 o£4 Title: Date: 09-02-2008 Scale: 1 inch= 300 feet File: Tract 1: 36.793 Acres: 1602721 Sq Feet: Closure=n84:0218e 0.02 Peet: Precision =11409893: Perimeter= 7231 Feet 001=s00.4126w 997.52 014=556.3209w 342,25 027 r718.4127e 144.96 002=n89.0256w 255.36 015:R R=65.00, De1m-147.1206 Bn �9.s14s ,chd=124.71 028ail R=20.00, Delta -'90.0000 Bn�aE3.41x]e,cna za.zs 13 3,wci510'0°U"49i'�35 016=n23.4415e 140.74 029=571.1833e 16.94 004=n59.5927w 73.72 017-02,061%241.50 030: Rf. R=275m Da11a 325401 B-,.A.5132e, d4-155.75 005: 44t,, R=120.00 Deha=43.0424 Bn�t81.3139w, the I8 10 078: Lt 2=750.00 Delia 19.2412 Bn6 U7.2413e, Cthd=121.37 111 Lt R;73 't455,,Delta-07.4214 Ba�aE2.3e� Chd�19.8] 006=s76.5609w 93.79 019=n17.1753w 110.54 032=586.1234e 29.96 907: Rt R=100.00 ➢e11ad8.0606 Bnyrnf9.0048w, the CI.5l 020:Rt A=150.00 Della 20.!012 Bnl3-al- E].124Te, E'hd=52.53 033: Lt, R-325.00 MI2.4123 B 8433160. C1'd=18.26 008=nM.5745w 108.31 021=589.0252e 269,72 03 -m R-20.00 mlt"63139 B"gns45.3808e, the-27AI 009: Ltr,, Ha120.00 Ddta-•43.0330 &ss9t7b.z930iry the -98.07 012; RCIC175.01 D.Ita=1.3.3759 Sn IS.d9S7e. Clld-65.28 035=589.3428e 50.02 01��0L=�s81.5845w 380.01 a 1. Looz s ° cl°aa s 11741 036=n00.2532e 48.00 13ny- 12009•, id=15290712 3054 037=s89.3427e333.99 012=s20.4133w 216.91 025­n52,0713e 135,23 038=s89.1832e 101.48 013: Ah R=420.00 Dclln=35.5036 Rnb=538;0510 C10d-256.48 026:12, R=6x800. DeIfa=33.2546 Bag�il5.2420e, @d -35931 THE LAND GROUP, INC. September 2, 2008 Project No. 06361 Legal Description Record of Survey Parcel 7 LINDER 109, LLC. 60.27 acres Exhibit E3 A tract of land situated in the North One Half of Section 23, Township 3 North, Range I 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 89004'17" 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 5/8 -inch steel pin; Thence North 89°16'08" 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 00056'19" 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 are 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 86058'33" 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; 10, Lnndrrnpe.RnGitednn -Site PTmv+ing • Cioi/Engnretrrng • Go/fCoarre Inrgation &Engineering a Gmphic Co»mends ion 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 e P 208.939.4041 F 208.939.4445 a wu:,v }hehmdgxtinc.ann G:\2006\06361\Admhi\Legals\ItECORD OFSURVEY\II_080709_06361_southridge_parcel Zdoc Page I of 5 Trn3 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 82°26'42" 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 54'00'16" 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 are of a circular curve to the left, said curve having a radius of 20.43 feet, a central angle of 71'15'53", 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 are 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 are 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 are of a non tangent curve to the left, said curve having a radius of 1,035.77 feet, a central angle of 15°45'47", 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°5621" 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 are of anon 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; IgnrlrropeArhitettmv o Site Plnnumg e GKI Exgineerb+g o Gol%Colme Lrigndar &Engineetiq e G -4hie Co nnnrnrrralion 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F208.939.4445 s www.theland m Ihinc tour G:\2006\06361\Admin\Legals\12ECORD OF SURVrY\It_080709_06361_southeidge_parcel 7.doc 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 tune (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 48133'07", 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 61'29'03 " 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 2'32'56", a chord bearing of South 62°45'31" East and a chord distance of 14.23 feet to a 5/8 -inch steel pin; South 64101'59" 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 03'28'17" East a distance of 411.33 feet to a 5/8 -inch steel pin; Thence leaving said northerly easement line, South 86131'43" 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; Lan&ape,4mh11,rhere a Site Plamriag • Gail Engineering s GelfCanse 7irigation & Engimeting • Grrpgir Commanka iar 462 F. Shore Drive, Ste. 100, Engle, Idaho 83616 ® P 208.939.4041 F 208.939.4445 eyymv thelandgtac uiuc com G:\2006\06361 \Admin\Legals\RFCORD OF SURVEY\11_080709_06361_southridge_ parcel 7.doc Page 3 of 5 �� 01-�-N O'Ar THE LAND GROUP, INC. Thence South 49°27'42" West a distance of 50.00 feet to a 5/8 -inch steel pin; Thence 31.97 feet following the are of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 91'34'54", 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 36601'32" East a distance of 50.07 feet to a 5/8 -inch steel pin; Thence 33.10 feet following the are of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 94°49'57", a chord bearing of South 81'1 1'52" 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 19124'07", 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°4624", 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-incb steel pin; Thence South 08°17'51" West a distance of 108.82 feet to a 5/8 -inch steel pin; Thence South 89°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 91010'32", a chord bearing of North 45121'10" East and a chord distance of 42.86 feet to a 5/8 -inch steel pin; Thence North 00114'06" West a distance of 93.31 feet to a 5/8 -inch steel pin; Thence northwesterly 27.66 feet following the are of a circular curve to the left, said curve having a radius of 20.00 feet, a cental angle of 79'13'53", a chord bearing of North 39151'03" West and a chord distance of 25.51 feet to a 5/8 -inch steel pin; Thence 172.88 feet following the are 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 are 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°3747" West a distance of 331.56 feet to the POINT OF BEGINNING. A LnnrlerapeAnhilertun ®Site Ylmmtiag • CiuilEvigrueernrg o Goff Coarse Inigaliao &Etgineaiing ®Gmphir COOJIH adral%at 462 E. Shom Drive, Ste. 100, Eagle, Idaho 83616 a 11208.939.4041 F 208.939.4445 a m vw thetand r°" 11ccom G:\2006\06361 \Admin\Lcgals\RECORD OF SID2VEY\ll_080709_06361_s°uthridgc_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) 1' Z` 0 Ir Lmidsrnpe Arebitedm'e -Site PlamG�g -Civil Eugineviq -Goff Canrse luigaiov ¢3' 0r�wenng o Grrybie Com mWeatia i 462 E. Shorn Drive, Ste. 100, Eagle, Idaho 83616 o P 208.939.4041 F 208.939.4445 a wonv theta tdgronl)inecooi G:\2006\06361 \Admin\Legals\ItECORll OP SUR\rE1'\]7_080709_06361_soathridgc_pazcd 7.doc Page 5 of 5 Title: Date: 09-02-2008 Scale: 1 inch= 400 feet File: Tract 1: 60.266 Acres: 2625167 Sq Feet Closure=n25.1851w 0.02 Feet: Precision =1/459994: Perimeter=10633 Feet 001=n89,0417w 1832.01 020=n14.5323e 124.25 1217 MO.- ;as II03s 00 h&41.30 002-02.0932w 520.19 021=n75.0637w 18.88 040=549.2742w 50.00 003=n89.1608w582.48 022: Of R 163.75 Deltw-02.3107 B„ i9.3zl3gc�ud=42.3s 071; Rf, A 20.00. Deltr-91.3454 Ana=Ro5.ua2w,cndns.67 OWn00.5619e 163.38 0-fl,R=a55.a0 belasts.3307 AnB� 5.4537e, d0:174.13 042=536.0132e 50.07 005=945,4353e 54.46 024=s61:2903e 227.43 025: 85210.pp,Delfa2.3256 0n 0.43: Rt, R-20.00 Ddf,1)4.4957 Gd29.4s M. 006=s89.1608e 380.64 007: Lpp A=1039.00.OelW�17.3037 Lt L� 2.a531e.13-I4.23 -19207 074: Rt, 8425.00 Dela=19.2407 Bnes24,7As9e, C1rk278.04 Btig=n86.5833e, Chd-136.09 026=564.01$9e 330.62 0755: Lt. R=300.00, DeIN=4LA624 Bnb�Z0607e, C?bD i51 09:8 sR= ,2211e 187.65 027: Lt, A-320.00, D.&(S.1842 Bna�6a.1120e,Cpdr63s 046=527.0351w 100.18 °B°gy-, az26422c, a s9es73°36 028=572.2041e 150.79 047-508.1751w 108.82 OIV:L R=25.00, Delta=70.3144 BnB�`�4.aolbo,clm=za.s7 029: Rf, A=230.00, DeIc�68.5225 Bn�¢37:x3oe, 0a 60.13 048=s89.0334e204.56 011=s89,1608e58.64 030=s86.3143w10.00 00 t-30Mca=rzsb1032 011 L, R=20.43, Doh -71.1553 B. '4.1305e,c1;d=230 0131 R 233.34, DeIV0.9W122 031=s03.2817e411.33 050=n00,1406w93.31 Lt, R�20.00, Delta -79J353 Rt Bng-ndLlssoe,cnd=n9s3 032=s86.3143w260.50 051: Bn a�516 Cud -25.51 014 47.3935w 170.79 033=D15.0720w 122.50 ung-ssa-508. hav-19.2750 015: Lt. R=7039.00, belts=2].1609 Bn - 59.07595 aid -419.07 034: R6 8=80.00, DeL¢=55.3525 Bn,,,79.5a50,v. Chd=74.61 0532.05 :96 Re398.2R Delta -03.0917 An8't82.3849e, Clad -21.93 n;f a251kChd-206"45°7 035=n72,1728w172.84 054=s00.3747w331.56 eWj= iN56213'Cna as7.ia'362I 036=s2011271v 103.24 018=-fil 0.0810e 232,12 037=06.3844w 124.08 019=s75,0637e 17.90 038=02.0930w 119.99 THE LAND GROUP, JNC Exhibit E4 August 17, 2007 Project No. 05021 Legal Description Southridge Subdivision Rice Lot 0.65 acres A tract of land situated in the Southwest One Quarter of the Northeast One Quarter of Section 23, "Township 3 North, .Range I West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monulnenting the North One Quarter of said Section 23, from which a found 5/8 -inch steel pin monunlenting the Center One Quarter Corner of said Section 23 bears South 00°37'47" West a distance of 2,637.73 feet; Thence following the westerly line of the Northeast One Quarter of said Section 23, South 00°37'47" West a distance of 1,937,38 feet to a point; Thence leaving said westerly line, South 89'22'13" East a distance of 515.14 feet to a found 1/2 -inch steel pin being the POINT OF BEGINNING. "Thence North 6336'24" Vast a distance of 159.86 feet to a found 1/2 -inch steel pin on the southwesterly right-of-way line of the Ridenbaugh Canal; Thence following said southwesterly right -of' way line, South 37°52'47" East a distance of 53.06 feet to a point; Thence following said southwesterly right-of-way line, southeasterly 123.81 feet following the are of a circular curve to the right, said curve having a radius of 240.00 feet, a central angle of 29°33'24", a chord bearing of South 23°06'0.5" East and a chord distance of 122.44 feet to a found 1/2 -inch steel pin; "thence leaving said southwesterly right-of-way line, South 67°11'20" West a distance of 158.98 feet to a found 1/2 -inch steel pin; Thence North 27147'39" West a distance of 147.67 feet to a point; Thence northwesterly 16.72 feet following the are of circular curve to the left, said curve having a radius of 197.50 feet, a central angle of 04°51'03", a chord bearing of North 30°13'10" West and a chord distance of 16.72 feet to the POINT OF BEGINNING, r bwelsa,pr I Imbilerlmr • Site Plam tirtg r Cir+il E glaeeriq a Goff Comse hriGnlioa & Er{ghlecnng • Graphic Corwumrimlian 4621?. Shore Drive, Stc•. 100, ER91c, Idaho 83616 • P 208939.40.1 F 208.939.4445r www.tliclin�iernuh, inc.ctmi I iaglc Trgnsfcr Filcs\06361 \Admin\Lcg:ds\II_07081?_southricigc_OGSG7_riccdnc Page I oft THE LAND GROUP, INC. The above-described tract of land contains 28,362 square Iect, or 0.65 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THC LAND GROUP, INC. 9lagA� � 462 C. SHORE DRIVE, SUITE- 100° q EAGLE.:, IDAHO 83616 0 � 208-939-4041 208-939-4445 (FAX) IV � A FA— Innr/rtn/rc A,ebi/erlinr • Site P/nuaigq • Cirill3ngineerinq • Goff C.'onrre Inrgnion & i_,{gineeinq • CmpGi Camnemirrrlian 4621". Share Drive, lite. 100,1?agle, Idaho 83616 • P 208.939.4041 1' 208.939.4445 • w�w.t{ pro i t_nc. m O:\C,kD\ICagle Trw.for bila.\06361\Admin\Lcph,\II_070817_southridgc_06361_cicc.doc Page 2 of Legend SITUATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 23, FOUND BRASS CAP TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., ii�UND 5 8" STEEL IN ADA COUNTY, IDAHO F s p / p O FOUND 1/2" STEEL PIN CALCULATED POINT BOUNDARY LINE -- — — SECTION LINE -- – — CANAL CENTER LINE 00 — CANAL RIGHT–OF–WAY LINE 23T14 FOUND RBASS CAP N 1/4 CORNER SECTION 23 fI I_ � M M � NI "' S 89'22'13" E 515.1 FOUND 5/8" STEEL PIN C 1/4 CORNER SECTI01\ CURVE LENGTH RAI Cl 123.81 241 C2 16.72 19- q RIDENBAUGH CANAL ENGINEER/SURVEYOR PROJECT INFORMATION .SCALE: 1"=60' THE LAND GROUP, INC. �®. 1 1 ,cowl snvi��;ns S. Prann£ CatJ gorse lrrignlion k 611°in¢enr� :=,Aic CommunMeion . Ln"� .�,� g fMm (2°BJ 9J9 -I9 / 0 (299J 9J9-flGf ®' EXHIBIT rrBrl RICE LOT SOUTHRIDGE SUBDIVISION 08/27/07 PROJECT NO. 06361 1 ® 1 EXHIBIT F LINDER 109 PROPERTY 0, r TI -[P LAND GROUP, INC. Exhibit. F October 13, 2008 Project No. 06361 Legal Description Record of Survey Parcel 8 LINDER 109, LLC. 1.25 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 found brass cap monumenting the West One Quarter of said Section 23 on the centerline of South Ten Mite 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 00°56'19" 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 00156'19" 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 163.38 feet to a 5/8 -inch steel pin; Thence leaving said easterly right-of-way line, North 45°43'53" 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°1608" 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. Ar E.andsr'oeAnLileam • Site Planning e Cinil Engimedng ® Goff Lriga/iox dam' Erdaeoing e Gra hit Cor»mwdwfioo 462 F. More Drive, Ste. 100, Eiagle, Idaho 83616 e P208.939.4041 F 208.9394445 a www.thela"d >i r(mpinc avn G:\2006\06361\Admin\Legals\RECO1r) OFSURVEY\11_081013_06361_southridge_parcel 8.doc Page I of �� P2_�'-—, ®d - 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 7614758" 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 47°39'35" East a distance of 157.73 feet to a 5/8 -inch steel pin; Thence 184.71 feet following the are 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 arc of a reverse curve to the right, said curve having a radius of 20.00 feet, a central angle of 73101'33", 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 arc 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 54000116" West and a chord distance of 28.87 feet to a 5/8 -inch steel pin; Thence 111.19 feet following the arc of a reverse curve to the left, said curve having a radius of 50.00 feet, a central angle of 127°24'36", 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) L m&rafieArchiter1wre o SilePlamdog o Civil Engineering o GolfCom'rs bsigafim &Eifginee ng e Gtokit Commimienlian 462 E. Shote Drive, Ste. 100, Eagle, Idaho 83616 o P 208.939.4041 F 208.939.4445 o wwa theIandgt�uninc.com G:\2006\06361 \Admin\Legats\RECORD OF SURVE1'\11_081013_06361_southridge_parcel Mee Page 2 of 2 Date: 10-13-2008 Scale: I inch= 50 feet Tract 1: 1.252 Acres: 54520 Sq Feet: Closure = s33.0114e 0.00 Feet: Precision =1/412775: Perimeter= 978 Feet OOI: Lt, R=1050.50, ik74�72.-0430 bng-n76.4759e, CAY133.73 004: R4 R=20.00, Dalla=73.0133 Bng-�54.1305w, Chd=23.80 007: Ly R=SO.00,De11=12724% Hugu82.26t2w, gW-89.65 002=s47.3935e 157.73 005=n89.1608w 58.64 008=n11.2211w 176.12 EXHIBIT G ACHD PROPERTY December 10, 2009 *��'e Page 1 of 2 0-1 G aON THE LAND GROUP, INC. Exhibit G 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 00056'19" 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 476.36 feet to a 5/8 -inch steel pin; Thence leaving.sa.id westerly line and said centerline, South 89016'08" 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, beingthe POINT OF BEGINNING; Thence following the easterly right-of-way line of said South Ten Mile Road, North 00°56'19" 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 fine of said West Overland Road the following three courses and distances: 1. North 45"43'53" 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 07°33'39", 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, Lauth, fieArhilamm a Site Rhvitung e CUI Enghieenq e GalfConae Inigntim e'r ENSineemig e GmpMc Comisrinimlion 462 I±. Shore Drive, Ste. 100, eagle, Idaho 83416 • P 208.939,4041 F 208.939.4445 a. �cnvtc thelaudgrou�inc om G:\2006\06361\Admin\T cgal\2010 PISA\1., 091210 Parcel7a 06361.doe December 10, 2009 t�4 Page 2 of 2 W" v 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°08'21" 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) 10, LnndrmpeA,rhitedwu o Site Plannorg a Civil Eugivaering a Go/fCoaw Lrigatiom i &t keenrg e Gmpbir Conmmodrntion 462 L. Shore Dx1ve, Ste, 100, 1::a&, Idaho 83616 a P 208939.4041 F208.939.4445 o umnv.rhdandLAOLII)inc � G:\2006\06361\Admhi\Legals\2010 PBAV, 091210 ParccM 0636 Ldoc Title: SOUT14RIDGE PARCEL 7A-LINC)ER 109, LLC. ( Date: 12-10-2009 Scale: 1 inch =100 feet File: Tract i s 2.531 Acres: 110243 Sq Feet: Closure = s74.5458w 0.02 Feet: Precision =1/83864: Perimeter= 1.521 Feet 001=n00.5619e163.38 ON1.1R,1050so.oG14>07a33e 007=n89.I608w582.48 Bnc=n9G 57We Q& 138.52 002—n45.4353e38.21 005=x11.2211e 176.12 003=s89.1608e 392.14 006=x25.0821 w 30.00 1*.4:111r�:� OVERALL MASTER CONCEPT PLAN C: cz i Qi O Not A Part LU U o= � =x F- �w 0� mIL Linder Rd i11, 11 11, m IIIj�OS�O INO�■ 0 11 Ten Mile Rd Exhibit H am N