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Southridge MDA 12-009
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND I)I;CISION & ORDER ~E IDd~ IAN,> ~~J In the Matter of the Request for a Development Agreement Modification for Southriclge Subdivision, Located on the South Side of W. Overiancl Road, Midway behvecn 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} r1. 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 S, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date ofMarcll 5, 2013, incorporated 6y reference} 4. Required Findings per the tJaiitied Development Code (see attached Staff Report fo~• the hearing date of March 5, 2013, i~tcorporated by reference} B, Conclusions of Law L The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," coclifsed at Chapter 6S, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 1 I Meridian City Code, and alI current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and t13e Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. I I-784 and Maps. 3. Tlfe conditions shall be reviewable by the City Council pursuant to Meridian City Code § ] 7 -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. S. 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 D1;CISION & ORDER C'ASENO(S). MDA-12-009 6. That the City has granted an order of approval in accordance with this Decision, which shalt be signed by the Mayor and City Clerk atld then a copy served by the Clerlc upon the applicant, the Yiatming Department, tlae Public Worlcs Department and any affected party requesting notice. 7. `T'hat this approval. is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March S, 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 § } l -5A and based upon the above and foregoing Findings of Fact wwlaich 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, 20}3, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory TaEcings 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. Stich 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 fine tithe period within which a Petition for Judicial Review maybe 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 ~ b7-6521, any affected person being a person who has art interest in real property which may be adversely affected by the final action of the governing board naay within twenty-eight (28} days after the date of dais decision anti order seek a judicial review as provided by Chapter 52, Title b7, Idaho Code. E. Attached: Staff Report for the hearing date of March 5, 2013 C;I"TY OF MERIDIAN rINDINGS OF FACT, CONCLUSIONS O}? LAW AND DECISION & ORDER CASE NO(S). MDA-I2-009 -2- 1 q~-" By action of the City Council at its regular meeting held on the - `~ day of I~-- 2013. ' COUNCIL PRESIDENT BRAD HOAGLUN VOTED 1 ~p_.-. COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED ~~ (TIE BREAKER) Mayor m y de Weerd r Attest: o~~~~r;T'n Auct~~l,r `~v ~v o~, City of cee of an, City Clerk E III I)1 AN;~-- _ ! _DrA H D~ S ~ ~ y ~~ ~ ~yr P Copy served upon Applicant, The Plannin m art ` ~~ ,Public Works Department and City Attorney. '' ~~ B Dated: ~~~~o2O~ ~ City erk s ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-12-009 -3- FXHIBrT A STAFF REPORT Heating Date: March 5, 2013 (Cottfiftzted•fi•ona Jrrt7atctry I5, and Febt•trcrt3~ 19, 2013) TO: Mayor & City Council FROM: Sonya Waders, Associate City l?lamler 208-884-5533 SUBJECT: Iv1i7A-12-009 -Southridge E IDIAN~ L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, 'I'Ite Land Grorip, Inc., requests approval to amend the developrneut agreement (MDA} for Southridge. The request is to replace tlye "original" Southridge Development Agreement (DA} (Instrument No. 107074205) and the "amended" Soutl>1•idge DA (Instrument No. 1 1 1 1 02269} with a new updated agreement that reflects all properties subject to these DA documents. See Sectiol7 IXAttalysis fc~t• rtaor•e 731f0T37tal7OT?. II. SUMMARY RF,COMMENDATION Staff recommends approval of the proposed MDA with changes shown in Exhibit A3, attached. The Meridian City Council heard this itean on Ianuarv l5 Fehruarv 19 and March 5 2013 At the u ~l • h o a~ ro ed e• c e t. ~_ ummarv of City Council Public Hearin: 1, In fay r• n r r nd Grou n' • c i e n opposition: Ryan I3ailev iii. .ornmentin~: Scott Nichols; Steve Prrvbos: Susan Przvbos rittcn testimony: Scott Sncars. ACRD: Scott Nichols ys , tiff nresentirr~ annlicatiou• S rnva Wafters y~ ther• Staff commentirr~ nn annlication• Caleb Hood ~, {ev Issues of Discussion by C -uncil: i. The Council wasn't comfortable removin~nr•ovisions from the llA that have ah•eadv been ~S_?i~ ' ri. he maximum height of the homes along the southern boundary of the site =+nd ho~v t_h_ev are measured. c Cev Council Changes to Staff Rec rmmendation i. the re acct of Scott Sncars A['HD Modify DA nr•ovicion #4 3 as shown in F_xhibit A 3 ii. At the recruest of staff modif~DA provision #C.1.5 as shown in Exhibit A.3. III. 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, v~~ith the following modifications: (Add airy proposed modi~catioras.) Denial After considering all staff; applicant acrd public testimony, I move to deny MDA-12-009 as presented during the hearing on January 15, 2013, for the following reasons: (You slrnuld state specific reasons far denial.) Southi•ic9ge MDA-t 2-009 EXHIBIT A Continuance I move to continue File Ntnnber MDA-12-009 to the hearing date of (insert continued hearing 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 o#~W. Overland. Road between S. Ten Mile Road and S. Linder Road, in Section 23, Township 3N., Range 1 W. B. Owner{s): Lindet• 1 U9, LI,C - 225 N. 9"` Street, Ste. 820, Boise, 1D 83702 .Ada County Iligl>way District - 3775 Adams Street, Garden City, ID 83714 DBTV Soutlu•idge Fat•m, LI_,C - 209 W. Main Street, Boise, ID 83702 Meridian Library District- 132b W. Chesty Lane, Meridian, II)83642 Joint School District No. 2 - 1.303 F. 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 I-Iomes, Inc., 19771J. Overland Road, Meridian, 1D 83642 Cobra Creek, LLC., 2228 W. Piazza Street, Meridian, ID 8364b C. Applicant: 't'he 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 StatementlJttstification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement moclii"ication. Apublic hearing is requited before the City Council on ibis matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 24, 201.2 and January 7, 2013 C. Radius notices mailed to properties within 300 feet: on: December 20, 2013 D. Applicant posted notice an site by: December 28, 2012 VI. LAND USE A. Existing Land Use(s) atld Zoning: The subject property consists of vacant land that is in the development process. Construction sand and gravel training r~vas approved as an interim use on a portion of the site. B. Character of Surrounding Area and Adjacent L and Use and Zoning: 1. North: Overland Road, rural residential/agricultural land, zoned RU7' in Ada County 2. West; Ten Mile Road, rural residential/agricultural land, zoned RI & RUT in Ada County Southridge MDA-12d1~9 EXHIBIT A 3.. South: Rural residential/agrieultur•al land, zoned R1 & RUT in Ada County 4. East: Linder Road, rural residential/agricultural land, zo~ted RUT in Ada County and R-8 C. History of Previous Actions: 1n 2007, the overall site was granted Amlexation and Zoning (AZ-O6-03 ])approval with R-2, R-4, R-8, TN-C, L-O, and TN-R zoning districts (Ordinance #47-1319). A Development Agreement was required as a provision of annexation, recorded as Instrument No. 1.07074205. A Preliminary Plat (PP-O6-031) was also approved in 2007 for 239 Jots consisting of 1.89 residential lots, 11 commercial/other lots, 8 mega lots (to be preliminary platted/developed in the fiiture), and 31 common/open space lots. Time extensions (TE-09-009; TE-10-018) were approved on the p~•eliminary plat (I'P-O6-03I) which ultimately extended the tune 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 he fitrthcr subdivided in the future (PBA-08-014; recorded in 2009 as ROS #8550). (As part of the PBA approval, fear of the parcels (Parcels 2, 5, 8, and 9) were not required to go through the platting process; however, ail parcels/lots will be required to submit and obtain approval of all necessary development applicatio~ts). - A Final Plat (FP-OS-017) for Phase I was approved in 200$ (and recorded in 2011) at the northeast corner of the site for 60 building lots (53 residential; 7 commercial) and l 1 common/other lots on 33.6 acres of land in TN-C and "1'N-R zoning districts. A modification to the final plat (MFP-49- 004) was approved on March 2, 2010. In 2008, a modification to the Development Agreement (MDA-OS-004) was approved a~xi recorded as insit•urnent 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 (Ci.1P-10-OIS) 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 Ridcnbangh Canal, for a tune period of 18 months. A modification to CUP-10-015 (MCLJ-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. Ataothcr modification to CUl'-14-015 (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. Y A Rezone (R7,-08-008) of 12.76 acres at the northeast corner of the site from T'N-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 7,,oning (AZ-09-009) of the 6.] 6 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-49-010) to change the fiihtre 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 (Cobra Creek, LLC}. Annexation and Toning (AL-09-010} of 5,63 acres at floe 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 ELI=IIBIT A was also approved. A developrzzerzt agr°eenrerzt tivas riot regzrirecT A Rezone (RZ-09-006) of 9.33 acres on the ztortlteast 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. 1 ].104651 Z}. ~ Ati amendment to the Comprehensive Plan (CPAM-11-001) was approved on October 18, 2011 to change the futtne land use map designation on 26.38 acres from. Medium Density Residential (MDK) to Medium high Density Residential {MHDR) fot• Southridge Apartments (DBTV, LLC). A Rezone (IZL-11-002) of 42.36 acres fi•otn 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: I. Public Wot•ks: a. Location of sewer: NA h. Location of watet•: NA c. Issues or concerns: N.A E. Physical Features: 1. Canals/Ditches Irrigation: The Ridettbaugh Canal bisects the subject property. 2. Hazards: NA 3. Flood Plain: NA Vli. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is to replace the "original" Southridge Development Agreetrtent (DA) (Instrument No. 107074205) and the "amended" Southridge DA {Instrument No. 1 1 1 102269) with a new "modified" DA that reflects all properties subject to these documents. Since the annexation was approved for the 291-/- acre Sotrtln•idge development, 61 -~-/- acres at the northwest corater of the site was purchased by Cabra Creek, LLC and 40 a-/- acres at the north boundary of the site midway between Ten Mile atx) Linder Roacls was purchased by I)13'1'V, LLC. As a result of associated rezones, all of the DBTV owned property is now under its own DA (Ittstrutnettt No. 111.099621); and the GC zoned portion of the Cabra Creels property is also under its own DA (htstrutnent No. 1 1 10465 12}. While these properties now have theit• own DA's, they are still subject to the original Southridge 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 fi•otn the Southridge DA. Nvte: Appr•nxinrately SI acres of the Cabra Creelzprnper•ty is still hover°ned b), the .SozrthricTge D14 until szrch time crs a r•ezorze is approved; at that time, the DA far Cabra Cr°eek tt~ill be rnodifred to irzcTzrde that ar•ecr. ACRD has recently purchased the property at the southeast cot•ner of Ton Mile & Overland for a park and ride lot; this prope~•ty is proposed to he 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 anci was intended to develop with a fire station. If a fu•e 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 s<,«tn~~~ag~ Mv~-r z-oa9 ___ _ __ __ EXHIBIT A southwest corner of Overland and Linder Roads. 'Therefore, changes to the modified DA are proposed to update the ownership information. specific to these properties. Finally, tl3e DA amendment proposes to remove conditions that have already been completed. Sluff is strpporti~~e of the proposed chattges to the DA sholn» in Ea~hiUitA.3 as tlae}~ will clean arp ttrafty ozttdcrted requirentettts as i~vell as update tlae agreert~ent hosed ors o~~>»et•ship artd cf7a>?ges tv the site.. X. I±~XHiBITS A. Drawingsl0tller 1. Vicinity/Zoning Map 2. Development Agreement Boundaries 3. Proposed Development Agreement Southridge MDA-F2-Ofl9 EXHIBIT A Exhibit A.l: Vicinity/Zoning Map s~t~tnt7a~t Mvn-l2-ooy EXHIBIT A l~;xhibit A,2: Development Aga•eement Boundaries Interstate I-8~ Soifttuidge MDA-12-4Q9 EXHIBIT A exhibit A,3: Proposed Development Agreement Southric3ge MD/~-12-009 DEVELOPMENT AGREEMENT MODIFICATION PARTIF,S: 1. City of Meridian 2. Linder 109, T,LC, Owner 3. Meridian Iaibrary District, Owner 4. Joint School District No. 2, Owner 5. Mission Investment hand of the > vangeIical Lutheran Church in America, Owner 6. DBTV Southridge Farm, LI1C, Owner 7. Corey Barton Homes, Inc., Owner 8. Cabra Creek, LLC, Owner 9. ;foseph R. and Stacie M. Kice, 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, L,LC, whose address is 225 N. 9`h 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. Control Drive, Meridian, Idaho 83642; Mission Investment bond of the Evangelical Lutheran Church in America, whose address is 876.5 W. Higgins Road, Chicago, Illinois 60631; DBTV Southridge Farm, LLC, whose address is 209 W Main. Street, Boise, TD 83702; Corey Barton I-Iomes, lnc. whose address is 1977 h. 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 (ACIlD} whose address is 3775 Adams Street, Garden City, Idaho 83714, hereinafter called "OWNERS". 1 RECITALS: 1.1 WHEREAS, Owners entered into tl~e original Development Agreement {instrument #1107074205}, approved on May 17, 2007 and recorded on May 24, 2007 on the land described in Exhibit "A"; and 1.2 WHERF,AS, the Owners entered into a modification. of the original Development Agreement (instrument #1 1 1 102269), approved on December 13, 20l 1 and recorded on December 13, 201.1. on the land described in Exhibit "A"; and Development Agreement Modif cation -Southridge Page 1 of 22 MDA 12-009 l.3 WH>CRFAS, Cabra Creels, LLC, the Owner of a portion of the PROPERTY as described in Exhibit I3 entered itrto a Development Agreement {instrument #1 11046512), approved on June 7, 2011 and recorded on June 8, 2011 which affects a portion of the CABRA PROPERTY; and 1.4 WHF,REAS, DBTV Southridge Farm, LLC, the Owner oi' a portion of the PROPERTY entered into a Development Agreement (instrument #111099621), approved on November 21, 2011 and recorded an December 7, 20l l on the land described in Exhibit "C"; and 1.5 WHEREAS, each Owner deems it to be in its best interest to enter itrto this Development Agreement Modification and acknowledges that this Agreement replaces the original Development Agreement (instrument #107074205) and its previous Development Agreement Modification (instrument #1111.02269} in its entirety. This Development Agreement modification does not replace or modify in airy way that certain Development Agreement by Cabra Creels, I,LC (instrument #1 1 1 0465 12) on the land described in Exhibit `B"; ot• that eet•tain 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 Idaha, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refet•red to as the PROPERTY; and I.Y WHEREAS, l.C. X67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Uwners make a written commitment concet•ning the use or development of the subject Property; and 1.9 WHEREAS, CI"I'Y has exercised its statutory authority by the enactment of Meridian City Code Section 11, Unified Development Code (UDC), which arrthorires development agreements upon the annexation and/or re-Coning 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), I.-O (Limited Office District) and 'I'N-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 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 l 3 WHEREAS, C1T'Y requires the OWNERS to enter into a development agreement modification for the purpose of ensuring that the PROPER'T'Y 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. llEFINITIONS: I'or 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 oC law of the State of Idaho, whose address is 33 East }3roadway Avenue, Meridian, Idaho 83642. 3.2 OWNI~;RS: means and refers to Linder I09; LLC, whose address is 225 N. 9c[' Street, Suite 820, Boise, ID 83702; the Meridian Library District, whose address is 1.326 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; DB'I'V Southridge Farm, LLC, whose address is 209 W Development Agreement Modification - Southridge Page 3 of 22 MDA 12-00.9 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 221.2 S. Uld Thorn Lane, Meridian, Idaho 83642; and Ada County Highway District whose address is 3775 Adams Street, Garden City, Idaho 83714, the parties developing said PRUPERTY and shall include any subsequent owner(s) of the PRUPERTY. 3.3 PROPERTY: means and refers to that certain parceI(s) of Property located in the County of Ada, City of Meridian as deset•ibed in Exhibit A attached hereto and by this reference incorporated herein as if set fot•th 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 CBII PROPERTY: means and refers to that certain parcels} of Property located in the County of Ada, City of Meridian as described in Exhibit F, attached hereto and by this reference incorporated het•ein as if set forth at length. 3.6 llBTV SOUTHRIllGE 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 CINDER 109 PROPERTY: means and refers to that certain parcel(s) of Property Iocated 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 SOUTI-IRIDGE FARM PRUPERTY (LOTS l THROUGH S}: means and refers to Lots 1 through 5, inclusive of 131oc1c 1, Southridge Subdivision Phase 1, a recorded subdivision nn file at Pages 14056 through 14063 of Book 104, teax•ds of Ada County, Idaho. 3.9 ACRD 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. 3.10 PARCELS NUMBERED ONE THROUGH TEN (1-10) INCLUSIVE: means and refers to those certain parcel(s) of Property Iocated 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 Aprii 22, 2001) as Record of Survey No. 8550, attached hereto as exhibit D and by this reference incorporated herein as if set fos•th at length. Development Agreement Modification -Southridge Page 4 of22 MDA 12-009 11 SINGI..E hA1VIILY RESIDENTIAL PROPERTIES: means and refers to any property for which a Iinal plat has been recorded for the purposes of single-family residential home construction. 4 YROPERTII~,S TO BE REMOVED FROM DEVELOPMINT AGREEMENT: 4.I 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 Ct•eelc LLC and the City have entered izrto 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 CABRt1 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 he subject to this Development Agreement. Unless otherwise specificaIIy modified, the portion of the CABRA PROPERTY subject to the Development Agreement (instrument # 1 i 1046512) shall remain subject to all conditions of that specific Development Agreement {instrument #l 1.1.046512), approved on June 7, 2011 and recorded on June 8, 201.1. 4.2 DBTV SOUTIIRIllGE FARM PROPERTY (EXHIBIT C): "I'he DBTV SOUTHRIDGE I'ARM PROPERTY (EXHIBIT C) shall not be subject to this Development Agreement. DB"1"V, LLC (predecessor to DBTV Southridge harm, LLC} anct the City have entered into a separate Development Agreement governing development of the DBTV SOUTHRIDGE FARM. PROPERTY (>XHIBIT C}, said Development Agreement (instrument #111099621) having been approved on November 2I, 2011 and recorded on December 7, 2011. 4.3 ACRD PROPERTY: Upon development of the ACHI) PROPERTY as a park-and- ride area, the ACRD PROPF.,RTY shall not be subject to this Development Agreement. ACI ID's obligations under this Development Agreement steal l only t•elate to the development of the ACRD PROPERTY, as provided in this paragraph 4.3. ~t.4 CINDER 109 PROPERTY: Prior to development of the CINDER 109 PROPER'T'Y, the O~~mcr of the CINDER 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 Agt•eemetlt, the LINDIsR 109 PROPERTY shall not be subject to this Development Agreement. Development Agreement Modification -Southridge Page S of 22 MDA 12-004 5 tJSFS PERMITTEll BY TI31S AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Coning Ordinance codified at Meridian City Unified Development Code Section 11-2A- 2, 11-28-2 and 11-2D-2, as follows: 5.1 Construction and development of a minimum of 1,000 residential units on the property and a maximtttn 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 t;onst~•uction and development of: Soutl~rid#~e Development Agreement Densities Residential _ Lots / ~r~its Afaartn~ents (R-1S) nh DBTUSOZPI'HRIDGFFARM (DXHII3IT C') Pro pert ~ 598 Beacom At SoZtth~•icl e (TN-C') on 1'~~s°cel 2 250 max R-2 438 or R-4 On Parcels I, 3, c~C 7 balance to R-8 1,286 total Total 1 286 Cnnrn~ercial /Retail / Contnturtit Village Center 5 C-C Toning ( onion of Cabt•a Propett) 3 Limited Office S Pareel 8 I School 1 Library 1 Total l G Grand Total 1,302 5.3 No change in t11e uses specified in this Agreement shall be allowed without modification of this Agreement• 6 C®NDI'I'IONS GOVERNING DEVELOPMENT OF SUB~TECT PROPERTY: 6.1 OWNERS shall develop the PROPERlY 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 1VIDA 12-009 to any persons, property or the general welfare by reason of excessive production of tzaffic, noise, smoke, fumes, glare oz• odors. 6.1.2 That the fizttzre 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 bJoclc lengths shall be requested as paz•t 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 fLCI1D PROPERTY and those Parcels 2, 4, S, and 8 which may not require platting [as a result of realignment of legally buiIclable parcels via the Property Boundary Adjustment survey (instrument #109045733), attached as Exhibit D]. 6.1.8 'T'hat, subject to AC11D approval, a maximum of five public street accesses, and up to two driveways, to Overland Road will be allowed on the PROPERrI'Y (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 AC14D ar 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 OWNF,IZS shall release any interest the subject properties may have in existing pz•ivate road casements for Windy Ridge Lane andlor Old Thorn Lane as the areas are developed and/ot• platted. That the OWNERS Development Agreement Modification - Southridge Page 7 of 22 MDA 12-009 agree that they will not be allowed to record tots that are currently cncutnbered 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.l .l 1 '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 bctffer landscaping shall be installed as follows: 6.1.12.1 street buffer landscaping adjacent to Overland Koad on Parcel 8 shall be installed with the development of Parcel 8; 6.1.12.2 At this time, the tJDC does not require street buffer landscaping in the 'I'N-C district; if the UDC changes in the future and street buffers are required, the applicant shall comply with standatds in effect at the time of development. 6.l .13 That the applicant shall comply with all adopted state and federal au• and dust particulate emission standards. The applicant shall make all reasonable attempts to abate (tnitigatc) dust settling on adjacent properties generated by the development of the property. The applicant shall keep a water truck on site at all tithes 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 froth their domestic service, per Clay Ordinance 5-7-517, when services are available from the City of Meridian. Wells may he used for non-domestic purposes such as landscape irrigation. 6.2 'I`he 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 AC1ID and incorporating the following safety considerations: a deceleration lane; construction of medians to prevent left-hand turn exits; and any other safety items that ACRD would see fit, subject to ACI-SD'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 Ridetsbaugh Canal at the Development Agreement Modification - Southridge Page 8 of 22 MDA I2-009 Location as coordinated with the City's Public Works Deparhaient. 6.2.3 That all of the street buffer landscaping adjacent to Overland Road and "1'en 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. '1'he 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 constrtreted with installation of street buffer landscaping per Section 6. L 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 cotrrmunity clubhouse, pool area, and tot lot; and any other amenities required by the Commission and/or Council at the public hearings. 6.3.4 That the park lot, private clubhouse and pool shall be constructed on Parcel 1 prior to occupancy of the 3~Or~ single family residential dwelling Developrx~ent Agreement Modification - Souihridge 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 propez-ty. 6.3.6 'T'hat a public street system be constructed on the site that is in general compliance with the Overall Nlastez' Concept Plan attached hereto as Exhibit H. Detailed review and approval of the internal street systems will occur with the deveIoptnent 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 sheet shall be located neaz• the west propezty line of Parcel 7. 6.3.6.2 That a public street stub shall be provided to either Parcel #51223233905 or #512232341.00, 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. 6.3.8 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 constztitcted 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 setbaclL. 6.3.1 ! That all. street buffer landscaping adjacent to Linder Road on Parcel 3 shall be installed with the fiz•st development application for Parcel 3; 6.3.12 That ail street buffer landscaping adjacent to Overland Road and Ten Mile Road on Parcel 7, except for those buffers on the ACRD PROPF.,RTY Development Agreement Modi~eation - Southridge Page 10 of 22 MDA 12-009 shall he installed with the first development application for Pa~•ce] 7; 6.3. l 3 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); oi• 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 mittitnum) variety in structures within a block, building mass, building materials, rooflines, colors, and architectural styles. 6.4 T'he Owner of the D13`I'V SOUTHRIDGE FARM (LOTS 1 'I'1-IROU(xH S} PROPERTY shall develop the DI~TV SOIJTHRIDGE FARM (LOTS 1 THROUGH 5) PROPERTY in accordance with the follotiving 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 pa•ovides 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 desig~lation reversed, upon a default of the OWNERS or OWNERS' successors, assigns, to comply with Section G entitled "Conditions Governing Development of Subject Property" of this agreement within ten years of the date this Agreemment 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 REVERSAII OF Z()N>lNG DESIGNATION: Upon default; UWNERS 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 of any failure to comply with this Agreement to OWNERS and if the OWNERS fail to cure such failure within six {6} months of such notice. Development Agreement Modification - Southridge Page 1 i of 22 MDA 12-009 $.2 CONSENT OF SINGLE FAMILY RESIDENTIAL PROPF_,RTY OWNERS; Owners of SINGLI/ FAMILY RESIDENTIAL PROPERTIES consent with respect to thew 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: UWNERS shall, immediately upon completion of any portion. or the entirety of said development of the PRUPERTY as required by this agreement or by City ordinance or policy, notify the City IJngineer and z•equest the City F,ngineer's inspections and written approval of such completed improvements or portion thereof in accoz•dancc with the terms anti conditions of this :Development Agreement and all other oz•dinances of the City that apply to said Development. l0 Dk;FAULT: 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 mociilied or terminated by the City with respect to t{zat Owner's property upon compliance with the requirements of the 'Coning 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. l 1 REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at OWNIR's cost, and submit proof of such recording to OWNER, prior to the third reading of the Meridian Zoning Ordinance in connection with t:l1e re-zoning of the PROPERTY by the C',ity 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 anti record an appropriate instrument of release of this Agreement. l 2 ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the PROPERTY as specified herein. 13 REMEDIES: Tltis Agreement shall be enforceable in any court of competent jurisdiction by either City or OWNERS, oz• 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 tl~e covenants, agreements, conditions, and obligations contained herein. 13. i In the event of a material breach of this Agreement, the parties agree that City and Development Agreement Modification - Sotzthz•idge Page 12 of 22 MDA 12-009 OWNERS shall have thirty (30) days after delivezy of notice o~'said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30} day period, if the defaulting party shall commence to cure the same within such thirty (30} day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 in the event the performance of any covenant to be performed hereunder by either OWNF,RS or City is delayed for causes which are be}~o~ad 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 UWNERS agree to provide, if required by the City. IS 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 012DINANCI:S: `T'hat 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 Tact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. Development Agreement Modification - Southridge Page 13 of 22 MD~1 12-009 17 NOTICES: Any notice desired by the parties andlor 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 pz•epaid, return receipt requested, addressed as follows: CITY: c/o City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNERS: Linder 109, LLC 225 N. 9th Street, Suite 820 Boise; Idaho 83702 Carey Barton Homes, lnc. 1977 E. Overland Road Meridian, Idaho 83642 Meridian Library District 1326 West Cherry Lane Meridian. Idaho 83646 Joint School District No. 2 1303 F,. Central Drive Meridian, ldaho 83642 DBTV Southridge Farm, LLC 209 W. Main St. Boise, Idaho 83702 Cabra Creek, LLC 2228 W. Piazza Street Meridian, Idaho 83646 Mission Investment Fund of the Evangelical Lutheran Church in America 8765 W. Higgins Road Chicago, Illinois 6063 ] Ada County 1Iighway District 3775 Adams SU•eet Garden City, Idaho $3714 Joseph R. a.nd Stacie M. Rice 221.2 S. Old Thorn Ln. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 3311. Broadway Avenue Meridian, Idaho 83642 l 7.l A party shall have the right to change its address by delivering to the otl-ter party a written notification thereof in accordance with the requirements of this section. l8 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 I age 1.4 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 THT+, ESSENCE: The parties hereto acknowledge and agree that tune 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 fi-lly 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 shaI} 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 -•e-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 t1--e notice provisions provided for a zoning designation and/or amendment in fot•ce at the time of the proposed amendment. 23 EFFECTIVE DA'I'S OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zonitzg Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. Development Agreement Modification - Southridge Pagc 15 of 22 MBA 12-00~ ACKNOWLEDGMENTS IN WIl`NESS WIIEKEOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS CINDER 109, LLC Timothy W. Eck. Managing Member MERIDIAN LIBRARY DISTRICT By: JOINT SCHOOL DISTRICT NO.2 By:-- MISSIUN INVESTMENT FUND OF THE ENVANGELICAL LUTHERAN CHUKCH IN AMERICA 1=larvey Olson, Director for Real Iatate DBTV SOUTHRIDGE FARM, I,LC By: EAMI, LLC, Manager JOSEPH It. AND STACIE M. RICE Ioseph R. Rice Stacie M. Rice Corey Barton Homes, Inc. By: Cabra Creek, LLC By: Milce McCollum, Manager Development Agreement Modification - Southridge MDA 12-009 Page 16 of 22 ADA COUNTY HIGHWAY DISTRICT By: Sara M, Baker, Commission President CITY OF MERIDIAN By: Mayor '1'amtny de Weet•d ATTEST: Jaycee L, Holman, City Cletk Development Ag~•eemeni Modification - SoLtthridge 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. Eclc, 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 ccrtifcate First above written. (SEAL) STATF OF IDAHO ) County of Ada ss Notary Public for Idaho Residing at: NIy Commission Expires: On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared , latown or identified to me to be the ~ of DBTV S®iITHRIl3GE FARM, LLC, who executed the instrument and aclctiowledged to me that lie executed the same otl behalf of such corporation. IN WITNF,SS WI-lEREOF, 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 Modif cation - Southridge Page 18 of 22 MDA 12-009 s'rAT~ of IDAHO } County of Ada Ss On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Joseph I2, antl Stacie M. Rice, lulov~m or identified to me, who executed the instrument and acknowledged to the 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) Notary Pttbiic for Idaho Residing at: My Commission Expires: STATE UP IDAI~O ) Coutrty of Ada SS On this day of in and for said State, personally appeared _ ot• identified io me to be the executed the instrument and aclrnowlcdged corporation. 2013, before me, the undersigned, a Notary Public _ , 1{nOWn __ of Corey Barton Homes, Inc., who to me that he executed the same on behalf of such IN WITNESS WIlEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate iit•st 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 II?AHO ) County of Ada ss On this day of , 2013, before me, the undersigned, a Notary Public ]n and for said State, personally appeared Milce IVIcCollrrrn, knowy~ or identified to me to be the Manager of Cabra Creep, LLC, who executed the instrument and aclcnnwledged 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 ) County of Ada ss 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 _ _ , ]mown 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 WITNF,SS Wl IEREOF, 1 have hereunto scat my hand and affixed my official seal the day and year in this certificate first abo~c written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: T)evelopinent Agreement Modification - Southridge Page 20 of 22 MDA 12-009 STATE OF IDAHO ) County of Ada ss On this day or , 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. 1N WITNESS WIIEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this ce~-tificatc first above written. (SF.,AL) STATE OF IDAHO ) County of Ada SS Notary Aublic for ldaho Residing at: My Commission Expires: On this day of , 2013, before me, tl~e undersigned, a Notary Public in and for said State, personally appeared Harvey Olson, lalown or identified to me to be the Director for Real Estate of Mission In~crestment Fund of the Evangelical Lutheran Cha~•ch in America, who executed the instrument and acknowledged to me that he executed the same on behalf of such church. IN WITNESS WIlEREOF, 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 MI)A 12-OOcI STATE o~ mAxo } county of Ada SS Un this__ day of , 2013, before me, a Notary Public, personally appeared Sara M. Barer, 1~1own 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, 1 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 OP IDAHU } County of Ada SS Un this day of , 2013, before me, a Notary Public, personally appeared Tazmny 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 WI-ICREOF, 1 have hereunto set my hand and affixed my ofhcial 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 TH1; LANK GROUP, INC. January 23, 2007 Project No. 05021 Legal Description Soutlu'idge Subdivision 29().87 acres EI1~IT 6fA" 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 naonunaenting the Northeast Corner of said Section 23 on the centerline of Linder Road being the POINT OI' BEGINNING. Thence fallowing the easterly line of said Section 23 aad the centerline of said Linder Road, South 00°41'26" West a distance of 639.61 feet to a found 518-inch steel pin; Thence leaving said easterly Iine and said centerline, North 89°19`41" West a distance of 199.25 feet to a found 5/8-inch steel pin; 'T'hence South 00°41'26" West a distance of 250.00 feet to a point; Thence Sou#h 89° 19'41 " East a distance of 199.25 feet to a found 5/8-inch steel pin on said easterly Iine and said centerline; Thence following said easterly line and said centerline South 00°41'26" West a distance of 1,741,04 feet to a point; Thence leaving said easterly line and said centerline, North 89°02'56" West a distance of283.72 feet to a point on the centerline of the IZidenbatlgh Canal; Thettce following the centerline of said Ridenbaugh Canal the following fifteen courses; 323,51 feet following the arc of a non tangent curve ro the left, said curve having a J•adius of 631.24 feet, a central angle of 29°21'SI ", a chord bearing of North 44°43'07" West and a chord distance of 319.9$ feet to a point; Not•th 59°59'27" West a distance of 73,72 feet to a point; 90.21 feet following the arc a circular curve to the left, said cut•ve having a radius of 120.00 feet, a central angle of 43°04'24", a chord bearing of Nol-th 81°31'39" West and a chord distance of 8$.10 feet to a point: SoLitll 75°56'09" West a distance of 93.79 feet to a point; 83.95 feet following the arc 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 claord distance of 81.51 feet to a point: .~ Laudi~ape Airhilerhrrt +~ Site P/n~uriug a Civil Eagiuariitg • Go/f Caurre Itrigaliat ~ E~ginrurrrg r Grrr~/arc Ca~m~uittr~~iort 4G2 f"s. Shr~rc Drive, Ste. ]00, Ji~glc, idahc~ 83G1G • P 208.939.~JO~Si E° 208.939.9A45 • w~5w.thclnns[f~r<x,nii_„ ~e.cum O:~CAll\1~,af;Jc't'ranxfcr C'itcs\05021\rldmin\l..cfaJ.\LI,_OG0504cdwards_05021anncxl.cJc~~ THI; LAN3) GROUP, INC. North 54°57'45" West a distance of 108.31 feat to a point; 90.18 feet following the arc a circular curve to the left, said cuzve having a radius of 120.00 feet, a central angle of 43°03`30", a chord beaJ'iJlg 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 a circular curve to the Ieft, said cuzve having a radius of 150.00 feet, a central angle of G1°17`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 a circular curve to the right, said cuzve 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 cJ~ord distance of 258.48 feet to a point: South 56°32'09" West a distance of 343.51 feet to a point; 166.04 feet following the arc a circular cuzve to the right, said curve having a radius of 64.63 feet, a cezitral angle of 147° 12'00", a chord beating of Noz-th 49°51'5 i " 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 soutlzez'ly line of the North Qne Half of said Section 23; Thence leaving said centerline and following said southerly Line, North 89°02'56" West a distance of 712.43 feet to a found 5/8-inch steel pin rrzonumenting the Center One Quarter of said Section 23; Thence following said southerly line, Noz•fh 89°04'1 7" West a distance of 1,832.01 feet to a found 1/2-inch steel pin; Thence leaving said southeJly line, Na'th 22°09'32" West a distance of 520.19 feet to a found 1 /2-inch steel pin; Thence North 89°16`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 fallowing 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 centez•1ine, South 89°03'37" East a distance of 25.00 feet to a point; Thence South 34°11'02" East a distance of 255.7G feet to a point; Thence South 21°08'47" East a distance of 141.89 feet to a point; Thence South 21°46'52" East a distance of 332.G2 feet to a point; Thence Noz•th O1°24'08" East a distance of 111.80 feet to a point; Thence Noz'th OS°20`23" Fast a distance of 201.34 feet to a point; Thence North 13°10'43" East a distance of 138.68 feet to a paint; Thence Noz'th 26°09'07" West a distance of330.77 feet to a point; f L~rrtrlsrape ~Jrr/ulcrnez ~ Sde Planriug s Civi/Lu~imrrrrrg • C; olf C'arrsc Irrigalrar sj' Lngrarrrieg • Grnp/ric Conrunnrirnlrou AG2 Ls. Shorc }7 rive, Ste. 100, liagte, JdaJio 8361G ®N 208.939.4041 Jr 208.939.A495 e ~4ti~~w.thel~ndyr°up+nc.cam U:\(:A])\!?aglc 'J'rnn~Ccr Jri)cs\05021 \r1d~11i~t\1.eJ;als\J d._OG0504cdwardd_05021mu~cxl.d°c xF~~ z.nrrn cnour, ivc. 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 Nor€h 37°00'03" East a distance of 149.62 feet to a point oli 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/$~ 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 monun~enting 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 00°38'49" East a distance of 888.64 feet to a paint 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 ofland contains 297.03 acres, more or less, subject to all existing easements and rights~of--way. E7~CiCF'p~I~G THIERE)FROM: 11 tract of land situated in the Northwest One Quartcl• 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 znonumcnting the Northwest Corner of said Section 23, thence following the northerly line of said Northwest One Quarter of the Northwest One Quarter, South 89°15'27" East a distance of 1,125.68 feet to a paint; 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°3750" East a distance of 153.03 feet to a point; I1RJ!(6ll1rC /~rlL!(C!(ntB 0 SFu PIOJI!!//tq • Civill'/rgiJ/rr/i/~q ~ GoY CD//IfE Tnrgltlioi! PS" )Jtl~'l7KCT7Ax ~ GJnrGk Courrn/r/lirn(io/r gG2I:• ShOFC I~FIVC, StC. 700, li.al;lq Td~Jx, 83616 • t' 208.939.90Q1 1'~ 20II.939!1445 m www.thcland;nosi~inccun, U:\C;~p\fa~le'I'Fmtsfcr lJiles\05021\r\dmil~l..c~ls\LL,~0G0504edwortl< 05021nnr,exl.dac Tti13 LAMA GROUt', liVC. South 63°48'13" East a distance of 58.44 feet to a point on the easterly line of said Northwest One Qttarter of the Northwest Onc Quarter ; Thence leaving said centet•tine and following said easterly Iine, South 00°47'25" ']Jest a distance of 854.34 feet to a found 5/S-inclt steel pin monumenting the Southeast Corner of said Not•thwcst One Quarter of the Northwest One Quarter; Thence leaving said easterly line and following the southerly line of said Northwest One Quartet• 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 b5°39'49" East a distance of 276.09 feet to a point; Thence North 00°46'43" East a distance of 500.71 feet to the AOINT OF BEGINNING. The above-described excepted tract of land contains 6.16 acres, trtore or less, subject to aII existing easements and xights-of way, The total area of said parcel contains 290.87 acres, more or Iess, subject to aII existing easements and rights-of way. Prepared By: TI-IE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITC I00 EAGLE, IDAHO 8361 b 208-939-4041 208-939-4445 (FAX) Llnrrlsrn~ie /1rtLi/[rlrire o ,Bile l7/mutmg a C~itrll ~rJgitt<erw,g n GoIJC.onrte )nignliat ~ L•ttrQinrerins ®Grnhhir Gonunaui~nlio7t 4G2 i~. Shnrc Drive, Stc. 100, T.:aglc,ldabo 83G1 G o 1~ 208.939.x1041 [r 208,939.a~d5 ~ nhvu~,ihcla~~r, ou]>in~.tom U:\(;r11~\]~.n~lc "Pran,fcr I~ilca\Q502tEAcfmin\1.cgals\],t.._OGOSt)4edwnrcln_05021aitncxLdc~c oisacL,oLSSn owcicauyts..tiw~mn.. sw br. ~ a, n,{ n.~.~,s son a a:n rsr (j S- TEN lDtB ROM S. TEN MILS ROAD K! 68 ,9'C ~„~ ~~ ,510.]8 k2 i v tl e y! $ ° ~ K~ & ~ ~qP 6 ~ yg ~'t ~- . m'i'ry' ~'q'sst ~' ~ i ~~ ~. ,~ ~, rc~sj ~ i ;~ ~ a m ~~ i; ~ g~ K~ ~ ¢ x ~~ ~~ p}L ~ ~ c "i ~ rl ~ b~~5 ~an S kJ' (8 4YE ~ "J ,n,.• ~ J ~ ~ ~ ~ ~ 8 PDU9s 5 ' $ ~ ~ A7 W' 41'( IA' H' JJ'[ sa€epJ~ .~ ~ wo.x ~ ~ atasi• e - ~ e's ~ Lxx' SV 4Y 2S'R ;'~ ~~' ~ ~ gg &~3d AR a5y.~~~.~ P d ~ s a ~ a ~~ ~~ m~ ~ ~ ~ N ~¢_ ~ ~ ~ n '~,'°, a 3h~4. ~ esceY 'rG, % ~ ~ w Sa' 9rw ~ rp'$ ~ X' V ~ 4 ~i 0 +"T `i ItV 33" sy'F 65g5i' AHBf. "'a,k c s ~~ 1 ~` PR O ~ as r ~ ~ ~, ay~~, ~° ,,,y ~ o P4^ ~ ~ ~ ~ g ~ o ~ `~ o ~ ~ nr r `~, - yti ~ (~ ~~q ~ Q ~d ~ o tto x~ N b z~ .~ ~ ~ ~ ~'~ ~~ ~ c' (p ~ ri rt +' ~d ~ ~~'~ rota' ";? n "' S, UNDER ROM ~ 4M 26"I 9. XINDER ROM 0.865' 50' 41' 21'p - u ~~ { _' 9, ao R . ~ f 1 ( }} ; ~__ ~ ; ~3~ ~i ~~~ ~~r~ ~; South Ridge Subdivision Annexation Boundary ~ a;m ~ o _ ~~ ~ I ~ ~ Meridian, Idaho '~'~ si ~ ~ • - v rxxi~iT B CABRA PROPERTY ~~ ~~~~ Page 1 of 2 ®~ ~~ ~~ xz~r. La;vu rzzour, zvc, July 6, 2010 Project No. 1.10075 Southridge Development Agreement Mndificatlon West Side ~4sz 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 2.3 bears North t70°56'3.9" 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 BCGINNING; Thence following said westerly line and said centerline, North 00°55'19" East a distance of 1,91""?_.Z$ feet to a brass cap monumenting fibs Northwest Corner of said Section 23; ~I"hence leaving said said westerly fine and said centerline and following the northerly line of said Section 23, South 89815'27" 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 1,1.46.$0 feet to a point on the centerline of West Overland Road; Thence leaving said northerly line and following said centerline, 1,407.14 feet along the arc of a circular curve to the left, said curve having a radius of 1.,000.00 feet, a central angle of €30°37'2.4", a chord bearing of South 50°2.6'53" West and a chord distance of 1,293.89 feet to a point; Thence following said centerline, South 10°08'10" West a distance of 241..45 feet to a point; Lnudr<~~Ara/~itertrur B Site P/arrnirtg ®C.'inilEn~iucer7ug ~ Golf Carrrsc Ir~rg~rliarr r~~' Fngivu~evr`rr~ o Gnu/~r~ Canrriirrrei«rtrou 261 C:uny~on Crest llrive,'I'tvin Fulls, Tdul~o 83301 P208-733-~40~11,1r208-733-4015 e ~v«7v.tC,eIand~ a inc,cataz G:\2010\110075\rlclnain\Legals\L 10706 SouthridgeWest 110Q75.dn~ Thence following said centerline, 1.,406.65 feet along the arc of a circular curve to the right, said curve having a radius ®f 1.,000.00 feet, a central angle of 80°35'42", a chord bearing of 5nuth 50°6'01" West and a chord distance of 1,293.51 feet to a point; -i'hence following said centerline, North f~9°16`08" West a distance of 466.86 feet to the POINT OF OEG1NiVING. The abave~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 informati©nal purposes only. It is not intended to be used fpr the transfer of title of the above described parcel. prepared By: THE LAND GROUP, iNC. 462 ~. SHdF:~ DR1VL 6AGLI~, IdA1-i® 8361.6 208-939-4041 208-939-4095 (FAX) Lnrrrtscrr~ie Arilritectrn4 ®,Site Plaiuring ~ C.'n~ilErrgirJeerrxg o Galf C.'ourse Iiri~rJtion ~• Esrrgirrcerirrq mGr~phic Cmnafuuicatiou 2G1 Ganpon Crest I~rive,'1'~via falls, Ida17o (33301 P20~-733-h041, F208-733-4Q-15 e ~v~v~r.theland rou }inc_cottt CY:\2010\ 110015\.~dmin\Lcg.~ls\L l07(ili Southrid~e4lrest 110075.dcx `~•~'~ z ~ F ~ w in o m ~ N ~, N ~ ~ O <O O U C~ ~ ~ ~ co ~n K'i ~ i tU ~ N N ~ ~ U {^°' p1 ~ ~ ~ N c7 0' ~ a3 a~ U ~ ~° ~ ~ ~ 1~- 4 u> p ~ ~ d O _ ~ d U ~ O O r ~ U ~ U EXHIBIT C llBTV SOUTHItIDGE FARM PROPERTY 'CHE LAND Gtt01Ui', INC. August 22, 2011 Rroject 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, flange 1 West, i3aise Meridian, City of Meridian, Ada County, idaha, described as follows: i3EGiNNiN~ 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 f39°19'41" East a distance of 665.41 feet to a point; Thence leaving said northerly line and said centerline, South 00°38'4.9" West a distance of 8$8.62 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 1$7.22 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 11.°50'08", a chord .bearing of South 56°02`38" East and a chord distance of 60.4h feet to a point; Thence 5auth 18°41'27" West a distance of 180.38 feet to a point; "faience 11:x.77 feet fallowing the arc of a circular curve to the right, said curve having a radius of 1.95.00 feet, a central angle of 33°25'46", a chord bearing of South 35°24`20" West and a chord distance of 1.12.17 feet to a point; Thence South j2°0/'13" West a distance of 118.95 feetto a point; Thence South 35°23'08" 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-ofPway line of the Ridenbaugh Canal; I-rrsrrGrnpe.~trrlritertm~ ®Sr'Je Plnrrniug w Civi/Err~ineerir~ a Galj C,'nrure Iriigrrliarr va• F'nghreerirrg o Grrpbie Cvormurriarlinn 4621:. Share Drive, Stc. 100, Isnglc, Idaho 83Gf 6 ° 1' 208.939.4041 F 208.939A~#5 ®}t~~v_~t>>tht:lanc~~ou ~irxc.cont C;:\2011\9 1 [052\;~drriln\I.c~als\I., i 10822 Rc~orre 11 [052.dac Page I of 3 TI38 LAi~Ip CrROUP, IA; G. Whence following the narther•lyright-of-way fine o~f said f2idenbaugh Canal the fallowing twa (2} courses: North 37°52'47" West a distance ar' 37.00 feet to a painf; 326.45 feet following the arc of a circular curve to the left, said curve having a radius of 200.00 fleet, a central angle of 90°39'20", a chard bearing of North 33°2°L`Z7" West and a chord distance of 234.46 feet to a point; Thence leaving said northerly right-ofWway line, North 55"31'59" West a distance of 2!i9.58 feet to a point on said northerly right-of-way line; Whence fallowing said nartl~erly right-of-v+~ay line the fallowing eight (3} courses: North 03°23'17" West a distance of 1854 feet to a point; Narth f36°81'43°' East a distance of 10.00 feet to a point; 2'76.48 feet follawing the arc of a narl tangent curve to the left, said curve having a radius of 230.(}0 feet, a central angle of 68°52`24", a chard bearing of Narth 37°54'29" West and a chord distance of 260.13 feet to a point; North 72°2p'41" West a distance of 150.79 feet to a paint; 46.47_ feet fallowing the arc of a circular curve to the right, said curve having a radius of 320.00 feet, a central angie of 08°13'42", a chard bearing of North 63°12'20" West and a chord d'::stance of 46.3f3 feet to a point; iVorth 64°01'59" West a distance of 330.62 feet to a paint; 14.24 feet fallowing the arc of a circular curve to the right, said curve having a radius of 320.Ot~ feet, a central angie of 07_°32'56", a chord bearing of North 62°45'32" West and a chard distance of 14.23 feet to a paint; North 61°29'03" West a distance of 113.75 feet to a paint; Thence leaving said northerly right~of-way line, South Ob°43'16" West a distance of 90.36 feet to a paint on the centerline of said Ridenbaugh Canal; .~ I nrrrfra~e AnbiieaYrn~e o Seta 1'/nruririg ~ Civi/l~rgiirc~~rirrv ®GoljCorn~e Irirgnlroa ~:- Er{;irreerirrX ®Grnphit Coonnunimirou ~LG2 r?. fill{x~c lhive, Ste. 100, Isaglc, Idaho 536 (C d 1~ 205.939.=t0~I1 Ir 208.939~Id=d~ ~ ~~~v~v.ehcl,~n_ d~roct ~incet~m G:\2071\11105\Admin\.[_eg;ils\1. 1103221tezone 11 f05.doc I'aga 2 of 3 Thence following the centerline of said Ridenbaugh Canal the following three (3) COU1"SeS; North 61°29'03" West a distance of 150.70 feet to a point; 320.04 feet following the arc of a eirrular curve to the left, said curve having a radius of 3'75.00 feet, a central angle of 45°53'57", a chord bearing of North 55"56'02" West and a chord distance of 310.42 feet to a point; South 69°37'00" West a distance of 100.55 feet fio a point on the centerline of said West pverland ;3oad; 'Thence leaving said centerline of Ridenlaaugh Canal and fallowing the said centerline of West Qverland ~2oad, 1,372.30 feet following the arc of a circular curve to the right, said curve having a radius of 1,0OO.Ot) feet, a central angle of 7a°37'37", a chord bearing of North 51°26'46" East and a chord distance of 1,2.,67.x.3 feet to a point; Thence following said centerline and the northerly line of the Northwest One Ctuarter of said Section 23, 5auth i39°14'25" East a distance of 179.35 feet to the F'C31NT" QF t3EG1NNING. The aboveddescribed traei: of land captains 42.36 acres, more or less, subject to any existing easements or rights-of--way. Prepared E3y: ~TFiE LAND GRUUP, INC. 462 tW. ShiQ~tE gI~IVE, SUITE 100 EAGLE, IDAI-!O 33616 205-939-4o4a. 205-939-4445 ~FAX~ ~._ .._._ Lm+drm/ir. Anl~ltratlt>•e a Site Plntrtting o Cull k3++gine~e+rng ®C,nlf Cnutae TtYr~<alrotr ~' F?u3ineeiiug e G>~~ilrrc' Cn»mti+mict+tlnu ~rG2 E. 51xrre l~cit~e, Ste. 100, Fagie, Idaho 8361 G ° P ZOS.939.40~}1 I~ 208939.145 ° t~~ww.thela_~id ~rc~u~inc.com C::\20f I\(11052\rldmh~\l:,c~ai\1. 1108221tez«t~c 111052.c1oc Page 3 of 3 \~ ` ~- N IT7 V OC?t U ~p- V! ~ --t 4 p U O Q O ,~U G~ ul ~ p o a °o ~ ~ o ~+ - _ C ( n rVi wj ~ r~ ~ N '1' .~' N N m ~ ~ ~ U ~w~11 V ~ o ~ 1 - ' 1'rl Z ~A ~ ~p .a. c S ro V ~f ~ N ~, N 41 ~ f W ~ O (,~ ~ f* rn ~ N '~ a, -A Ur o ~ '_'~ ~ ~ CD n ;T N G) .P f71 z US C.3) fO z .{a U~ M ~ ~ ~.* p ~ t,1i t _ 4~ ~ z ~ N N V rn (~ d~ N ~ ~ ~ N W ~ ~ ~ PA 13'1 p fTi ~ ~ _ ;~ c rrj ~L7 V/ 4" ~~~ \ \t W ~ ,-? \ ~\ A ~ ~ d ~ ~\ ~ f V , \ C7 p ~ \ ~. ~n ~~ ~2 -^ f3) ~ tD O ~ o ~ d *. ~. ~ ~ ~ u' W ~ ~ \ ~ ~ ~ ~\ ~ q O_ W \ ~ ~ ~ -mow _ ~ ~ p ~ N o \ ~ ~~ ~ ~~ . , ~ N ~ ~ ~ fTl ~P , it o~ N ~ `O c ~~a ,. ~: ~ .~ ~" m u tom. ~ ~ ~ m ~ 0 o' _'' -A ro sv w~ . ~ W PR ~ ~ ~ ~ ~~ ~ ay n Y ~ ~' ~ ~f ! h> ~ ° ~ ~ °y ~ ~d ` \ ~t0 X~ ENGINEER/SURVEYOR PROJECT INFOF?MATI~N ~~ ®%~ ~}.4q I.¢nds rpa .lrchilscfure }~~ ~ find Engzneoring +~^'~~ C,nlf Cnurso /rrigaHvn $ bbiyin eering ~(_l%iS p9~ ~V{~~~°l~y - `a -- -~ -- Crrsphic Cvmmuafcalivn 1iss6EA(1 fU f LJ 6 _ Land .5'r~n~eyir~g 4E.? 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Cn N f1] ~ ~ ~` a o ~,. ~ ~ ~ ~ ~ ~ o ~~ ~ N r ~ a ~ ~N°~ h'"~~a ¢ L ~ ~ ~~ ~U f ~.~q N l!J C~ D f5 T a N O~cF.~~ 0L ~N Uo~~ ~~ °o',. 0 ~ ~ 1.. ~ !r '~ ~ Q L N >.~ ~4~ y ra .~~~~-~ ~ ~, ~ .= z o ~ ~~ o~ ~F ~~ ~~ o° ~o ~h ~z ~o ~~ F y-i L ~~ oN Ot-" Q F.=€ ~¢f-[ O Icn. ~~1. ro~~ U ~~St 4= ~3k U ~z ~., ~o -Q 1 ~. <~~~ _ K~ JR~ggou o 5 09b dy P ~~ ? ~ < b .-oo~ ~°O~ - O~ E ~ 4 ~ e. ~' N to a~ ~, c~ w H •~ ' ' .. ~ „~o 1L. ~ ¢ ~ ~ ~j~ o T" Y y.~P~py~ 1'sd9p~d F -- ~ € ~ o ~N O (ll ~~<~ fO6~`~' ~~~ a m J ~~~ ~ U C C N ~ ~ ~{~ Qf O q ~qQN O~$ Y~"iF U a d. vii ~i o <~ (~ 6Q ~N 7 y z ~ pi X A a ~ o° ~wr EXHIBIT E CBH PROPERTY Parcel 1 as shown on ROS 8550 (per Exhibit E1 as attached), EXCLUDING T1-IEREFROM Southridge Subdivision Phasc 1, a recorded plat on file at Boolc 104, Pages 1.4056 through l 4063, Records of 11da County, Idaho TOGETHER WITH Parcel 3 as shown on ROS 8550 (per Exhibit E2 as attached), TOGS"THER WITH Parcel 7 as shown on ROS 8550 {per Exhibit 1J3 as attached), EXCLUDING 'THEREFROM the ACHD PROPERTY (per Exhibit G). 'TOGETHER. WI'T'H Lots 1 through 22 of Block 3, and Lots 1 through 22 of I31oc1< 4 and Lots 1 through 10 of Block S and Lots 1 through 9 of Bloc}c 6, Southridge Subdivision Phase 1, a recorded plat on fle at Book 1.04, Pagcs 14056 through 14063, Kecords of Ada County, Idaho EXCLUDING THEREFROM The "Rice Lot" Parcel as described in Exhibit E4 as attached. ~~ ~~~ ~ ~®~® ~-~ ;~~ Exhibit E1 THE LAND GIiO1JI', INC. Scpteuzber 2, 2008 Project No. 06361 Legal Description Recard of Survey Parcel Linder 1(}9, LLC. '71.89 acres A tract ol'land situated in the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada C`.ounty, Idaho, described as follows: Commencing at a fouzrd 112-inch steel pin monumenting the Northeast Corner of said Section 23 on the centerline of West Overland. Road, from which a found brass cap mozizzmenting the North One Qual•ter of said Section 23 bears North 89°19'41 "West a distance of 2,661.73 feet; Thence Iollowing the northerly Iizze 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 Ieavizag said northerly line and said centerline, South 00°40'19" West a distance of 48.00 feet to a fotzncl 5/8-inch steel pin on the southerly right-of-way Iine of said West Overland Road being the POINT OP }3EGINNING. Thence South 44°1.9'00" East a distance of 42.41 feet to a found Sl8-inch steel pin on the westerly right-of way Iine of South Linder Road; `T`hence 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 S/8-inch steel pizza Thence leaving said westerly right-of-way line, North 89°19'41" West a distance of IS1.2S feet to a found 5/8-inch steel piiz; Thence South 00°41'26" West a distance of 250.00 feet to a found S18-inch steel pin; Thence South 89°19`41" East a distance of 151.25 feet to a found S/8-inch. steel pin on said westerly z•iglzt~of--way Iine; Thence following said westerly right-of way line, South 00"41'26" West a distance of 713..31 feet to a S/8-inch steel pin; Thence leaving said westerly right-of way lizZe, 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 518-inch steal pin; Thence South 00°2S'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 fe:ct 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 z•adius of 20.00 feet, a central angle of 86°31'39", a chord bearing of Ilrudaira(a~~ Arcbrtectui~ a.4'fle P/nnrrhi` ~ Cir.~!/Eaaginr~~rn~ e Golf Corrr.~a lraigntinn e> I3H,~incerrug o Gtnp/Nt~ Co>vnm~7mliou ~k62 73. Shore ~Ihtve, Ste. 100, Enl;fe, Idaho S361G e P 208939.4049 P' 203-93~L4445 e>anc•u~.theland~rcx~ ~iite~c~attE G:\2006`06367 \:ldmin\I_.egah\Ri;COIZll Olr S11'RV1:Y\11_08067 7_0636 1_souchridge_.Parccl 'I .dog ~~ ~~ ~~ _ , ~~.: - TH1; LAND GROUP, INC. North 45°38'08" West, and a chord distance of 27.41 feet to a 5/8-inch steel pin; Thence 15.26 feet following the arc of a reverse curve to the right, said curve having a radius of 325.00 feet, a central angle of 02°41'23", a chord bearing of North 87°33'16" West, and a chord distance of 15.26 feet to a 5/8-inch steel pin; Thence North 86° 12'34" West a distance of 29.96 feet to a S/8-inch steel pin; Thence 638.15 feet following t11e arc of a circular curve to the right, said curve having a radius of 766.46 feet, a central angle of 47°42'14", a chord. beating of North 62°I8'33" 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 CtTlve to the Ieft, said suave having a radius of 2'75.00 feet, a central angle of 32°54'01 ", a chord beating of Noz•th S4°51'32" West, and a chord distance of 155.75 feet to a 5/S-inch steel pin; 7`hence Narth 71°18'33" West a distance of 16.94 feet to a 5/8-inch steel pin; Thcnoe 31.42 feet following the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 90°00'00", a chard beaz•ing of South 63°41'27" West, and a chord distance of 28.28 feet to a 5/8-inch steel pin; ThezlGe ~Oltih l8°41'27" West a distance of 14496 feet to a 5/8-inch steel pin; Thence 364.66 feet following the, arc of a circular curve to the right, said curve having a radius of 625.00 feet, a central angle of 33°25'46", a chord bearing of Sauth 35°24'20" West, and a chord distance of 359.51 feet to a 5/8-inch steel pin; Thence Sauth 52°07'13" West a distance of 135.23 feet to a 518-inch steel pin; Thence 27.41 feet following the arc of a circular curve to the left, said curve having a radios of 20.00 feet, a ccrztzal angle of 78°30'54", a chord bearing of South 12°51'45" West, and. a chord distance of 25,31 feet to a S/&inch steel pint; Thezace 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 S I°57'41 ", a chord bearing of South 00°24'51" Last, and a c}cord distance of 468.73 feet to a 5/8-inch steal pin; Thenee 65.44 feet followuxg 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 arG of a non tangezrt curve to the left, said curve having a radius of 1SO.Ob feet, a central angle of 20°10'12", a chard bearing of Saudi 07°12'47" East, and a chord distance of 52,53 feet to a 5i8-inch steel pin; `l hence Sauth 17°17'53" East a distance of 110.54 feet to a 5/8-inch steel pin; Thence 129.34 feet following the arc of ~t circular curve to the right, said curve having a radius of 150.OE? feet, a central angle of 49°24' l2", a chord bearing of South 07°24'13" West, and a chord distance of 125.37 fc,et to a 5/8-inch steel pin; Thence Sauth 32°06'19" West a distance af21.67 feet to a 518-inch steel pin an the southerly line of the Northeast One Quarter of Section 23; ~" 1. net(aurlbc rrtrlri/ea7rrrv m,S'ire-1'Inruriug o Citrillrr~ineerrit~ ®, Gal/Course Irrrgallnrr e'~' Gt~gineerrrrg o Cvrphir (-arrunfnirntiorr 462 E. Sl~nre TJrivc~, Stc. 104, rs:7~fe, rd;ilan 83G9 G o r~ 208.H39.40-I1 lr 208.939.4=445 ®~uRV~1~.di~~tl~3gr~>t~~~~3c~~ni Cr:X2006\OG36r\r\dmin\l.e~nls\I~t:C(~RD O~~r St1R\'lS'\II_OSUG17_o6361_snudiridge_par~ccl 1.doc TI~7s I.Al~ID GROUP, 1NC„ Thence following said southerly line, North 89°02'56" West a distance of X2.43 feet to a 5/S-inch steel pig; 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 arc of a non tangezit cuzve to the left, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of. South. 82°38'49" West, and a chord distance of 21.93 feet to a SJ8-inch steel pin; Thence 172.88 feet following the arc of a reverse cuzve to the right, said curve having a radius of 508.91 feet, a central angle of` 19°27'50", a chord bearing of North 89°11'SS" West, and a chord distance of 172.05 feet to a 5/8--inch steel pin; Thence 27.66 feet following the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 79°13`53", a chord bearing of Souilr 39°51'U3" East, azid a chord distance of25.S 1 feet to a 5/8-inch steel pin; Thence South 00°1.4'06" East a distance of 93.31 feet to a 5I8-inch steel pin; Thence 47.74 feet following the arc of a circular cuzve to the right, said curve having a radius of 30.00 feet, a centz•al angle of 91 ° 10'32", a chord bearing of South 45°21'10" West, az~d a chord distance of 42.8G feat to a S/8-inch steel pin; 'Thence Nort1~ 89°03'34" West a distance of 204.56 feet to a 5/8-inch steel pin; 'f fence North 08°17'Si" East a distance of 108,82 feet to a 5/8-inch steel pin; Thence North 27°03'S 1 " East a distance of 100.18 feet to a 518-inch steel pin; Thence 234.43 feet following the arc of a non tangent cuzve to the right, said cuzve 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 S/8-inch steel pin; Thence 279.37 feet following tlae arc of a reverse czlzve to the left, said curve having a radius of 825.00 feet, a central angle of 19°24'07", a chord beal•ing of North 24°24'59" West, and a chord distance of 278.04 feet to a S/8-inch steel pin; Thence 33,10 feet following the arc of a compound curve to the left, said cuzve having a radius of 20,00 feet, a central angle of _94°49'57", a chord bearing of North 81°31'52" West, az~d a chord di"stance of 29.45 feet to a S/8-uich steel pin; Thence North 36°01'32" West a distance of 50.07 feet to a 5/8-inch steel pin; Thence 31.97 feet following the arc of a non tangent curve to tl~e left, said curve having a radius of 20.00 feet, a central angle of 91 °34'S4", a chord bearing of Noz•th 05° 15'42" East, and a chord distance of 28.67 feet is a 5/8-inch steel pin; `T'hence Norttz 49°27'42" East a clistanee of 50.00 feet to a 5/8-inch steel pin; Thence 41..31 feet following the arc of a non tangent cuzve to the right, said curve having a radius of 875.00 feet, a central angle of 02°42' 17", a chord bearing of Sortth. 39°10'38" East, and a cl~orci 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; i.artr/sarr~e.4rrGilertrnt ©Slle Plmnrirt~ ®L-iril.i3r~iueerirts m Gn/f C~nr:sr 1rri;~tintt e'%Brtitrearirtq m Grrt~Git <o»uruntl<'rr/ioe ~1G27s. SEtoxe l~rir~c, Ste. IOQ, l~alle, Idaho 8311 G e P 208.939_~1p~I l l~ 2p8.939.~1~-15 ~ u~ t iv.l,li.~a;ix113„c~~u ~itic.c~?tit G:A2Q06\OG3G1 \r~\dtnin\L.c~,tls\1Z1~sC;O12D O i t SUlty{:;Y\II_O80G'J 7_OC>3 G1 _sot~thridkc_Qn ~ ccl 1.d nt: TGIF LAND GIipUI', INC. Thezzce North 20°1 1'27" East a distance of 103.24 feet to a 5/8-inch steel pin; 'Thence South '12°17'28" Last a distance of 172.84 feet to a 5/$-inch steel pin; Thence 77.62 feet following the arc of a circular curve to the left, said ctzzve having a radius of 80.00 feet, a central angle of 55°35'25", a chord bearing of North 79°54'50" East, and a chord distance of 74.61 feet to a 5/8-inch steel pin; 'T'hence Soutli 15°U7'20" East a distance of 122.50 feet to a S/8-inch steel pin; Thence North 86°31'43" East a distance of 260.50 feet to a 5/8-inch steel pin on the easterly easement line of the Ridenbaugh Canal; Thence following the easterly easement line of said l2idenbatzgll Canal, North 03°28'17" West a distance of 222.79 feet to a S/8-inch steel pin; Thence leaving said easterly easement line, Sotztli SG°37'59" East a distance of 159.58 feet to a 5/8-inch steel pin on said easterly easement lizae; `.Thence following tl7e easterly easement line of said l2idenbaugh Canal the following (2} coua•ses: 316.45 feet fallowing the arc of a circular curve to the t7ght, said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of Sotzth 83°12'27" East and a chard distance of 284.46 feet to a Si8~ineh steel pin; South 37°52'47" bast a dista~ice of 37,00 feet to a SJ8-inch steel pizl; `Thence leaving said easterly easez~~ent line, North 52°03'57" East a distance of 114.78 feet to a 51$~incl~z steel pin; Thence North 52°07'13" East a distance of 50.00 feet to a 5/8-inch steel put; Thence North 35°23'08" East a distance of 26.28 feet to a 5/8-inch steel pin; `Thence North 52°07'13" East a distance of 118.95 feet to a 5/$-inch steel pin; Thence 1.1.3.'77 feet following the axe of a circular curve to the left, said curve having a radius of 195.00 feet, a central angle of 33°25'46", a chord beaz7ng of North 35°24'20" Fast, and a chord distance of 112.17 feet to a 5/8-inch. steel piai; 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 cuz•ve having a radius of293.15 feet, a central tingle of 1. l°50'08", a chord bearing of Not~}t 56°02'38" West and a chord distance of 60.45 feet to a. 5/8-inch steel pin; Thence North 28°4~9'S6" East a distance of 49.47 feet to a 5/8-inch steel pin; Thence 57.71 feet following the arc afa 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 pin; The9tce 94.40 feet following the arc of a reverse curve to the Ieft, said curve having a radius of 291.75 feet, a central aYigle of 7 8°32'22", a chord beat7ng of South 61°28'03" East, and a chord distance of 93.99 feet to a 5/8-inch steel hin; f Idrnrlscrr~e~Jrilik>rhnt a.Sfle Plnuttitrq e Crril Et{Piueeritt~ m GoljCorit:r<~ Iari~aliort eN1~n,;inerrit{q ®Gt~his Canruurrirn/iott ~-G2 Iy Shore l~ri~ret, Ste. 900, I :ogle, Ldaho f33G9G ®p 20$939,(041 t^ 208.93).4,#5 e wrv~~~,thclart~l~Tro~~hii~C,~;crt7t C.I:A2005~6G3G1\Admin\-_e~,als\R~C:O1tI~ 01't SLIRVLI'\lI_OS06t`I__063G1_s°udri~id~;r._pa,cei l.dac .~--® 'riHF. LAND ('sItDUP, INC. Thence South 71 ° 18'33" East a distance of 261.09 feet to a 5/8-inch steel pin; Thence 31.42 feet follo~fing the arc of a circular curve to the left, said calve 13aving a radius of 20.00 feet, a central angle of 90°00'00", a chord bearing of North 63°41 `27" East, aztd a chord distance of 28.28 feet to a 5/8-inch steel pin; Thence North 18°41'27" East a distance of 101.64 feet to a 518-inch steel pin; Thezzce 190.45 feet following the arc of a circular calve to the right, said curve having a radius of 310.48 feet, a central angle of 35°0$'47", a chord bearing of Nozth 36°34'16" East, and a chord dist~u~zce of 1$7.48 feet to a S/8-inch steel pin; Thence 121.69 feet fallowing the arc of a reverse curve to the left, said curve having a radius of 76.49 feet, a central angle of 91 °0$'46", a chord bearing of North 08°34'31" East, az2d a chord distance of 109.26 feet to a S/$-inch steel pira; Thence Nortll5 3°00'22" East a distance of 49.00 feet to a 5/$-inch steal pin.; Thence South 36°59'38" East a distance of 9.62 feet to a set Sl8-inch steel pin; Thence 106.80 feet .follar.vizrg the arc of a circular curve to the left, said curve having a radius of 64,50 feet, a central angle of 94°52'22", a chord bearing of Sauth 84°25'49" East, and a chard distance of 95.01 feet to a 518-inch steel pirz; Thc;rrce North 48°08'00" Bast a distance of 65.33 feet to a 5/8-inch steel pin; Thence 1.40.47 feet following the arc of a circular curve to the left, said curve having aradius of 275,00 feet, a central angle of 29°15'56", a elrord bearing of North 33°30'02" East, and a chard distance of 138.94 feet to a 5/8-iircli steel pin; Thence Noztlr 18°52'04" East a distance of 113.44 feet to a 5/$-inch steel pin; `Thence 158.65 feet following the arc of a circular curve to the right, said curve havirrg a radius of 325.00 feet, a cezrh•al angle of 27°58`0$", a chord. bearing of North 32°51'08" East and a chord distance of 157.08 feet to a 5/8-incIr steel pin; Theme North 46°50' 12" East a distance of 169.43 feet to a 518-inch. steel pin; Thence 28.35 feet following the arc of a circular curve to the left, said curve having a radius of 20,0() feet, a central angle of 81 °13'33 ", a chord Dearing of North 06°13'26" East and a chord distance of 26.04 feet to a 5/8-inch steel pin; Thence 167.25 feet following the arc of a reverse curve to the eight, said curve having a radius of 275.00 feet, a central angle of 34°50'47", a chard 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 southcrlyright-of--way line of said West Overland Road; Thezrce following the soirtherly right-of way line of said West Overland Raad, South $9°19'41" East a distance of f>$4.51 feet to the POINT OF BEGINNING. L,rrrulsrc~e tlrc%ilcr'!ur'e o Jite P/nr~rtirrg o Cir71 Er~oineerzu~ a Gol/Crrrn:ie Inzgnlrorr e?'En~inaarir~ ®GrnfiGi~~ Corruunrriirdioir 4621=. Shore rkivc, Ste 100, 7?ande, 1<lahn 43Ci1(i o P 2lJ4.939.~FO~I f' 208.939.445 n ~u~~<<c~.thrl.t~itinr.°n~sini-.er~tai Cy:A2006\OG3G1\,-ldmin\T.c#;als\1tE3CE)RD Ole SUrt~'r?Y\li_040617_0G3GI_s°crtlrrid~;e_parccl L~loc The above-described tract of land contains 71.89 acres, more or less, sllbject to any existing easements or rights-of may. Prepared By: 'TLIE I,AI~ID GROUP, INC. 462 E.' SIIC)RE IUItIVE, SMITE 100 EAGLE, InAl-IO 83616 208-939-4041 208-939-4445 (FAX) I_rrrir/sanf,~.flrtlrileilur~ s Sife PTrrnrriri~ o Cirri/P.ngirrearn~q ®Gaff Cortr-sr Jrri~alinr e'~',T_rrt~iuer~rittg ~ Grrrfi6ii Catlr~lrrntim/iwr 462 13. Sliorr_ ]~riVC, Ste. 1 U0, #saglr., ]dalio 5361 C a 1} 205.939.4041 I' 20g 939.x{445 ®w~v~y,d~cJ<uiEi~~oi~l. ~tr~. -i~cT~ G:\2006\Ofi3(1 \~°iilnain\I.,ega[s\ R13(:C )1Z1) C)f r S U Et\'Ts1'\]1_oSUG 17,..OG3G'1_~otithridge_1~1rc~1 l .duc Title: Linder. 1.09, LLC ]Date: 09-03-2008 Scale: I inch= 500 feet I'ile:Q6361 Record of Survey Parcel 1 ~q p;~~ ~ ~® ~ '~ , Exhibit E2 '1'FTG LAND GROCIP, INC. September 2, 2008 project No. 06361 Legal Description UNDER 109, LLC. Record of Szuvey Parcel 3 36.79 acres A react of land situated in the Northeast One Quarfier and the Northwest One Quarter of the Southeast One Quartee of Section 23, Townshil} 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, descz'ibed as follows: Conwlencing at a found 1/2-inch steel pin znonunienting the Northeast Corner of said Section 23 on the centerline of South Linder Road, front wllicl3 a found 5/8-inch steel pin znonunlenting the East One Quaz•ter of said Section 23 hears South 00°4I'2Fi" 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°1'26" West a distance of I,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-ot=way line of said South Linder Road tieing the POINT O£< BEGINNING. Thence following said westerly riglrt-of-way line, South 00°4i'26" West a distance of 997.52 feet to a found 5/S-inch steel pin oTZ the northerly right-of--way line of Aspen Cove Drive; 't'hence leaving said westerly right-of=way line and fallowhzg the northerly r•ight- of vvay line of said Aspen. Cove Drive, North 89°02'56" West a distance of 25536 feet to a point on the centerline of the Ridenbaugh Canal; Thence leaving said northerly right-of=way litre and following ilze centerline of said Ridcrrbazzgh Canal tlae following nineteen (I 9) courses: 287.73 feet followirg the arc o.C a non tangent curve to the left, said crave having a radizr:s of 600.00 feet, a centr•a1 attgIe of 27°28'35 ", a chord bearing of North 46° 15' l 0" West, and a chord distance of 284.98 feet to a point; Noz-th 59°S9'27" West a distance of 73.72 feet to a point; Z.lAJlIJGlTI3P /'rJ'tllllEC!!!T<<' 6 .~ f!E PIl1J1371!!g B ~.JUII Ell~111CB1'!J~ o ~0~~~•OJJi;fE ~17Y,711/FD)1 f1s F'/l~,IIJAE171f1o, ®~rJZlfS~JlG CO1flJJJIl11JC<d1JOJ! 4(2 }~. Share Drive, Ste. r00, I3a~le, Idaho 83C>16 a ]' 208 ~)39.404r F 208.939.4445 ®u~tv~v.t(tcl:tixigrnturiur.,cnm G:\2006\06367 \~ldrrrin\T.x);als\rtTsc~pRD C)F SURtTI,Y\Ii_080707_06367_southridgc_parcel 3.doc Page l of'9 ~~ ~~ ~~ T~IT~: LANI] CRUUI', 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 beatiltg of North $1°31'39" West, and a chord distance of 88.10 feet to a print; Sntzth 76°56'09" West a distance of 93.79 feet to a paint; 83.95 feet following the arc of a circular curve to the right, said curve having a radius of 10(1.00 feet, a central angle of 48°06'06", a chord. beating of North 79°00'48" West, and a chard 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 o.f 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 ofNorth 76°29'30" West, aztci a chord distance of 88.07 feet to a point; South $1 °58'4S" 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 radios n:t` 150:00 feet, a central angle of 61°07'12", a chord bearing of South 5I°20'09" West, and a chard distance of 152.91 feet to a point; South 20°41'33" West a distance of 216.91 feet to apaint; 2G2.75 feet following the atc of a eixcular carve to the right, said curve leaving a radius of 420.00 feet, a central angle of 3S°SO'36", a chord. bearing of South 38°36'51" West, attd a chord distance of 258.48 feet to a point; South 56°32'09" West a distance of 342,25 feet to a point; 16699 feet follnwiltg the arc of a circular curve to the right, said cut-ve having a radius n.f 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; Noz-th 23°44'15" East a distance of 140.74 feet to a point; North 32°06'l9" East a distance of 241.50 feet to a point; 129.34 feet following the arc of a circular curve to tl~e left, said curve having a radius of 150.00 feet, a central angle of 49°24'12", a chord bearing of North 07°?.4'l 3" .East, and a chord distance of 1.25.37 feet to a point; North 17°l 7'53" West a distance of l 10.54 feet to a point; Lnttrlriafia,9trLita~lrrra ®Site,Plr7nuittg n Crtrl Ettgitrerritt,; aGolf Cnnrse Ittrg<rtintt e'~Eu~iusetrttg s Cyrnfihic Connurntrrrrliotr 4G2 ii. Shore [>rive, Ste. 100, ESagle, lelahcr 836t(®P 203.939:90=17 1~ 208.939.st~15 ®~«z~l~~ thelanci~rot~_~ine.~acn CY:\20U6\0G3b1\rklmin\I_,c~als\1tFCC)12t~ OF SURSIL,Y\11_OS0707_0b3G1_southtidge_parcci 3.doc Page 2 of 4 ~`~ ~ ~~ ~~' .~ ~; 'I'HIi LAND GROUP, 1NC. 52,81 feet follawiz~g the arc of a circular curve to the right, said curve having a radius of 150.00 feel, a central angle of 20°10'7.2", a chord nearizzg of North 07°12'47" West, and. a chord distance of 52,53 feet to a point; T~aence ].caving said centerline, South 89°02'S2" East a distance of 269.72 feet to a 5/8-inch steel pin; Thence 65.44 feet following the arc of a non tangeztt curve to the right, said ctzzve having a radius of 275.01 feet, a central angle of 13°37'59", a chard bearizzg of North 18°49'S7" 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 feett a central angle of 5 ]°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 arc of a reverse curve to the right, saidcurve having a radius of 20.00 feet, a central atlgle of 78°30'54", a chord bearing of North 12°S 1'45" East, and a chord distance of 25.31 feet to a SI8-inch steel pin; Thcnee North. 52°07`13" F.,ast a distance of 135.23 feet to a 5/8-inch steel pi1z; Thence 364.66 feet following the arc of a circular curve to the left, said curve having a radius crf 625.00 feet, a central angle of 33°25'46", a chord bearing of North 35°24'20" East, a1~d a chord distance of 359.5 i feet to a 5/8-inch steel pin; Tltczlce North 18°41'27" East a distance of 144.96 feet to a set 518-inch steal pin.; Thence 31.42 feet following the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central atlgle of 90°00'00", a chord nearing of North 63°41'27" East, and a chord distance of 28.28 feet to a 5/8-inch steel pin; Thence South 71°18'33" East a distance of 16.94 feet to a 518-inch steel pin; Thence 157.91. feet following the arc of a circular curve to the right, said curve having a t•adius of 275.00 feet, a central angle of 32°54'01 ", a cl~zord bearing of South 54°S1'32" East, and a chord distance of 155.75 feet to a 5/8-inch steel pin; 'I`1lence 638.15 feel following the arc of a reverse curve to t11e left, said curve Jzaving a radius of 766.46 feet, a central azzgle of 47°42' 14", a chord bcariztg of South 62°18'33" East, and a chord distance o.f 619.87 feet to a S/8-inch stecl pin; 'T`hence 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 carve having a radius of.325.00 feet, a central angle of 0?.°41'23", a chord bearing of Soutlt 87°33'16" East, and a chord distance of 15.261cet to a 5/8-inch steel pin; ~' Z.ru/darrpc f1n$iferlure 6 Srte PIUJ/JA/!g ®Cini/Euglneeti/rg ®Golf Co//J;re Xnigniiou e~'EJ~/rceJZUg m CrJC~{IiG' CO///Dlllil/f111/0/1 }621:. Shore C)rive, Ste. 100, T;agle, Idaho 83616 e P 208.939.40}1 F 208.939.~W~45 u ~u~~~~y_t}~c;lstp5i}~€~u)?ine.cfrsn G.\20pG\06361\/1d€nin\Lcga(\kI3CC)IZn OF/ tiUHVl.45`\Il_080707_06361_sc/utl~rid~e_}~arcci 3.doc Page 3 of 4 ~ ~j~~ ~® ~ ~ ~~ - ~ ~m _ THE LAN D GKOIJP, INC. "Thence 30.20 fee[ following the arc of a reverse curve to the rigllt, said curve havilag a radius of 20.00 feet, a central angle of $6°31'39", a chard beal•ing of South 45°38'0$" East and a chord distance of 27.41 feet to a 5/8-inch steel p.in; Thence South 89°34`28" East a distance of 50.02 Feet to a 5/8-inch steel pin; I$ance Noril~ ~00°25'32" ~;ast a distance of 48.00 feet to a 5/8-i1~c11 steel pin.; `T'hence South $9°34'27" last a distance of 333.99 feet to a 518-inch steel pin.; Thence Sonth 89°18'32" East a distance of 101.48 ~~eet io tl~e POINT OF BEGINNING. The above-~descl7bed tract of lalzd contains 36.79 acres, mo1•e or less, subject to any existing easelnetlts or rights-of--way. Prepared By: THE LAND GROUP, INC. 462 E. SI-IORE DRIVE, SUITE 100 EAGLE, IDAHO 83(116 208-939-4041 208-939-4445 (FAX) L.rrndsa~e~Jrr'lriler7ure ~.S'ife Planning c Cit~i/Errginer~ring o G;nl/Cnrnre In~t;trlion e; Er~rreerirtg ~ C;rnp/~i~ C'orrrrrrruiicn/ion 4621:. shore I?ri~~e, ste. '100, I?a~~le, Idaho 83616 ~ I' 208.939.-1041 }t 208.939.4145 a ~y~~~-.tl~uta~~d~rc~u~~irec.coin U:\20GCi\06361\rldtZrin\Lega1~\12f3COR1) E~I-° SLrRVT?1'\Il_08Q707_063G1 _southridt>c_parce2 3.dec Page 4 of ~} Titic: Date: 09-02-2008 ~ Sca1e: 1 inch = 300 feet ~ File: ~ Tract 1: 36.793 Acres: I60272I Sq Feet; Closure - n$4:0218e 0.021~eet: 1'recisiDrl =]/409893: Perimetet•= 7231 Feet 001=s00.4126w 997.52 002=-t189,02S6i~~ 255.36 003: Ll, It=GOO.UO. Delta=7.72835 Bn~= n•7G.IS I Orv, C'Ud=284.98 ooa-xls9.s927W 73.72 OUS: Lt, x-°I20.DG Delta=~i3.U42d ling=u8L3139w, ~'6a°=88,1D 006=s76.5609w 93,79 Do7:xt,xzloD.oo l~~ua-rs.oea> Bno~t79.OD•38,v, (''lid-'RL51 008=i~54.5745tiv 1081.31 D09:1,4 x=120.00 Ih:11a---6_ .0330 B~ts~~,7c.z9sU;,•,1 tea-=as.o7 010 =s$1.5845w 380.01 011: L4 P.=15U.D0, lletla~ 1.0112 Bitg-s57.2U09w, Clid=152.9] U12>=s20.4133w 216.91 014--s56.3209«~ 342,25 UIS:R4 R=-65.00, lleln=7~S7.12Ut B„F-na9.5las„~, clta-l2.6.•i I 016=1123.4415e 140.74 017=~n32.0619e 241,50 018: U.12=150.00, Dalta=1).2412 Bng==ntb.2d13e, C4~-125.37 019-=I117.17S3w ! 10.54 020:x!,12-15U!SU Dc1ta-20.t012 E1n~rn07.12d7tt~, ~1id-52.53 021= s$9.0252e 269.72 022; Idt, R-275.0I,Da!a=13.3759 Bu1,~=i~18-d957e, Chd-G5.2S 023: Lt. I2=535.00. Dcltct~=.ii.57A1 I3ti 6=n00.2•IS]w, Chd-464.73 024:, tZf, I2 2DAQ, Ueha=78.305# B~Sg-n 12. S I a?e, Cli<k=?$.31 025-1152.0713e 135.23 144.96 29.96 035=s$9.3428e 50.02 U36=n00.2.532e 48.00 037=s89.3427e 333.99 038-s89.1832el01.48 :~~ . Exhibit E3 TI3}? LAIN? GROUP, INC. September 2, 2008 Project No. 06361 Legal Description Record of Survey Parcel L1ND> R 109, I.LC. 60.27 acres A tract of land situated in the Noz-th One Flalf of Section 23, "I'awnship 3 North, Range 1 West, I3o.ise Meridian, City of Meridian, .tLda County, Tdalzo, described as follows: BEGINNING at a found 5/8-inch steel pin monull~enting the Centez• One Quarter of said Section 23, from whieli a found brass cap nxontuxzenting the West Onc Quarter of said Section 23 bears North 89°04'17" West a distance of 2,666.56 feet; Thence along the southerly line of the Northwest One Quarter of Section 23, Noz-0189°04'17" West a distance of 1,832.01 feet to a found 1/2-inch steel pin; Thence leaving said southerly line, North 22°09'32" West a 'distance of 52().19 feet to a 5/8-inch steel pin; Thence North 89°16'08" West a distance of 582.48 feet to a found 5/8-inch steel pin ou the eastez~ly right-of way line of South Ten Mile Road; Thence following the easterly tight-of--way line of said Ten Mile Road, North 00°56'19" East a distance of 163.38 feet to a point; 'T'hence leaving said easterly right-of tivay line, North. 45°43'S3" Fast a distance of 54.46 feet. to a 5/8-inch steel pin an the southerly right-of--way line of West Overl~uid Roacl; Thence fallowing the southerly right-of-way Tine of said West Overland .Road, South 89°16'0$" East a distance of 380.64 feet to a 5/8-inch steel pin; Thezice fallowing said sozttlieily right-of way line, easterly 1.36.19 feet fallowing the arc of a eucular calve to the left, said curve having a z•adius of 1,039.00 feet, a central azzgle of 07°30'37", a chord bearing of North 86°58'33" East and a cllozd distance of 136.09 feet to a 5/8-inch steel pilz; 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; Lrttr<lsrapo.Flrcbitectruc o Site Plnmriuq ®Cia~i/ ~tt~gineerirrg ®Golf C'ntn:re b>i3nfiou e' ~'tr~iar.~titrg ~ Gtrrp/.sir C'otif~rtrr~i«rliott 462 7~. Shure Drive, Ste. 100, l3aigte, Idaho 83616 ®I' 208.939.4041 t~ 208.939,4445 a .vtt 5Y_~II~eI~tr3~3F~r<~itj2a??S,c:rittt G;A2006\OG361\Acimui~Legals\I2ri:CC)Tt~[> Ol: SU]ZVIsY~II_080709_Ofi361_sonrhrid~;c_parcel 7.doc Page ] of S Thence 111.19 feet fallowing 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 youth 82°26'42" East and a chord distance of 89.65 feet to a 5/8-inch steel pin; Thence 30.77 feet :follawizzg tl~e arc of a reverse curve to the left, said carve having a radius of 25.00 fe;ct, a central angle of 70°31'44", a chard beaz•ing 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 S/8-inch steel pin; Thence northeasterly 25.41 feet following the arc of a circular curve to the left, said curvy havizzg a radios of 20.43 feet, a central angle of 71°] 5'S3", a chord bearing of Nvrth 54° I3'OS" East and a chord distance of 23.80 feet to a S/8-inch steel pin; Thence 184.71 feet following the arc of a reverse cuz•ve to the right, said curve having a radius of 233.34 feet, a central angle of 4S°21'22", a chord bearing of North 41°15'50" Fast and a chord distance of 179.93 feet to a S/8-inch steel pin; Thence Noz-th 47°39'3S" West a distance of 1.70.79 feet to a 5/8-inch steel pin on the southerly right-of--way line of said West Overland Road; 1'henee following said southerly right-of way line the following five (S) courses: 42 ] .9b feet fallowing tl~e arc of a z~an tangent curve to the left, said curve having a radius of ].,039.00 feet, a central angle of 23°16'09", a chard bearing o:E Nazth 59°07'S9" East and a chord distance of 4I 9.07 feet to a SI$-inch steel pin; 284.96 feet following the arc of a non tangent curve to the Left, said curve having a radius of 1,035.77 feet, a central angle of 15°45'47", a chord bearing of North 38°25'17" East and a chord distance of 284.06 feet to a S/8-inch steel pin; 389.54 feet following the arc of a nozz tangent curve to fhe Ieft, said cuz-~Je having a radius of 1,033.Q0 feet, a central angle of 21 °36'21 ", a chord bearing of Noz•th 20°S6'21 "East and a chord distance of 387.24 feet to a 518-inch steel pin; North 10°08'10" East a distance of 232.12 feet to a SJ8-inch steel pin; South 75°06'37" East a distance of 17.90 feet to a 5/8-inch steel pin; Naz•th 14°S3'23" East a distance of ] 24,25 feet to a 5/8-inch steel pin; North 75°06'37" West a distance of 18.88 feet to a 5/8-inch steel pin; 42.37 feet fallowiztg the arc of a non tangent ectzve to the right, said ccuvc having a radius of 963.75 feet, a central angle of 02°31'07", a chord bc;aring of North 19°32' 13" East and a chord distance of 42.36 feet to a 5/8-inch. steel pin on the northerly easement lane of the Ridenbaugh Canal; .~ LQI1c~Sfn~iP flYr lIlIPt1l11'd o.SNB PJiJA1J111R ° GIW~E'1131J1Pd!'[It~ O Gpff COllflc tt77ypT71101! Zy L"ilglAPB17S$ ~ ~1T7f7~1J--' L.~l)7111/1TIl[Y7~101J 4G2 }?. Slioie Drive, Sri, 10U, T?agfe, Tdah° 8311 G s 1' 205.939.4041 I' 203.939.=1445 ®~v~civ.tl~claud=~r~xtl~inc.c°tt~ G:\2006\OG3Gi\Admi~a\I.e; tls\1t7~;t;Q12D OIL StJiZtTEI`\I€_US0709_OG3G1_southli~i~c._ parcel 7doc Page 2 of S THIS LANU GROUP, INC. Thence leaving said southerly right-a.fi=way line and following the northerly easement line ofsaid Ridenbaugh Canal following zone (9} courses: 385.56 feet following the arc of a circular curve to the right, said curve having a radius of 455.00 feet, a central angle of 48°33'07", a chord bearing of South 85°45'37" East and a cllorcl distance of 374:13 feet to a 5/8-inch steel pin; S,outlz 61°29'03" East a distance ot'227.43 feet to a 5/8~inch steel pin; 14.24 feet fOIlOW111g the arC Of a Clreular CLtrVe t0 the left, said curve havizig a radius of 320.00 feet, a central angle of 2°32'56", a chord bearing of Soutlz 62°45'31" East and a chord distance of 14.23 feet to a 5/8-inch steel pin; South 64°01'59" East a distance of 330.621eet to a 5/8-inch steel pin; 46.42 feet following the arc of the circular curve to the left, said crave having a radius of 320.00 feet, a central angle of 08° 1$'42", a chard bearing of South 68°l 1'20" Last, alzd a chord distance of 46.38 feet to a S/8-inch steel pin; South 72°20`41" East a distance of 150.79 feet to a 5/8-inch steel pizz; 276.48 feet followiuzg the arc of a circular. curve to the right, said curve having a radius of 230.00 feet, a central angle of 68°52'25", a chord bearing of South 37°54'3 U" East and a chord distance of 260.13 feet to a 5/8-inch steel pin; South 86°31'43" West a distance of 10.00 feet to a S/8-inch steel pin; South 03°28'17" East a distance of 411.33 feet to tt 5/8-Inch steel pin; `I'Izez~ce leaving said northerly easement line, South 86°31'43" West a distance of 260.50 feet to a S/$-znch steel pin; Thence North l 5°07'20" West a distance of 122.50 leer to a 5/8-inch steel pin; Thence 77.62 feet following the az•c of a nan tangent curve to flee right, said carve 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 chaz~d 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 distaz~ee of 103.24 feet to a 5/8-inch steel pin; Thence South Sb°38'44" West a distance of 3.24.0$ feet to a 5/8-inch steel pizz; Th€;zice South 52°09'30" West a distance oi' 119.99 feet to a 5!8-inch steel pin; Thence 41.31 feet following the arc of a circular c;zlrve 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; 3_nndsrrrpe ~ti~liireit/ni' ®.SI/e 7llnlurllrs ®Crv~l Farrilleern;g e Golf C'nln;re hrzgntinrl e~ ~lrgilrenrillg ®Grnpbir Comrnrrr~rrnrinrr 4C2 ~. Sli°rc I)ri~•e, Ste. '100, Laglc, Id.ilio 83616 + P 208.)39.4041 1~' 208.939.4445 a ~~•~4~1•:t te;l:2txlsrrgtt~~%ne:Chtti G~:A2006\OCr3G1\Admin\I egals\ltf'.{:ORD OIl SURhf''sY\1i_080709_0G361_southridgc_pacctl 7.dUc Page 3 oP 5 Thence South 49°27'42" West a distance of 50.00 feet to a 5/8-inch steel pin; Thence 31.97 feet follawing the ai•e of a non tangent curve to the right, said cuuve having a radius of 20.00 feet, a central angle cif 91 °34'54", a chord bearing of South OS°15'42" West al~d a chord disiance of 2$.67 feet to a 518-izich steel pin; Thelzee Soutlr 36°01'32" East a distance of 50.07 feet to a 5/8-itlch steel pin; 'T'hence 33.10 feet fallowing the arc 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 °31'S2" East gild a chord distaiiee ai'29.45 feet to a 5/8-inch steel pin; Thence 279.37 feet following the arc of a aan~paund cuive to the right, said curve having a radius of $25.00 feet, a central angle of 19°24'07", a chard bearing of Sazrtlr 24°24'S9" East and a chord distance of 278.04 feet to a 5/8-inch steel pin; Thence 234.43 feet fallowing the arc of a reverse curve to the left, said cuive having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of Sauth 37°06'07" East and a chard distance x1'228.51 feet to a S/8-inch steel pin; Thence South 2'7°03'51 " West a distance of 100.18 feet to a 5/8-inch steel pin; Thence Sauth 08°17'51" West a distance of 108.82 feet to a 5i8-inch steel pin; Thence South 89°03'34" Fast a distance of 204.56 feet to a 5/8-inch steel pin; 'i"hence nortlieastei•ly 47.74 feet following the arc of a circulcii• curve to the left, said curve having a radius of 30.00 feet, a central angle of91°10'32", a chord bearing of North 45°21'10" East and a cl~oz•d distance of 42,86 feet to a 5/8-inch steel pin; Thence North 00°14'06" West a distance of 93.31 feet to a 5/8-inch steel pin; Therice narthwesterly 27.66 feet falloc~~ing the arc of a circular cuive to the Iefi, said cuive having a radius of 20.00 feet, a central angle of 79°13'53", a chord bearing of Nar-th 39°S 1'03" West and a chord distance of 25.51 feet. to a 5/8-itch steel pin; Thez2ce 172.88 feet following the are of a non tangent cuive to the left, said. curve leaving a radius of 508.91 feet, a central angle of 19°27'50", a chord bearing of South 89°11'55" Last and a chord distance of 172.05 feet to a SI8-inch steel pin; 'I'l~ence 2l .93 feet fallowing the arc of a revez•se curve to the right, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of Naz-th 82°38'49" East al?d a chord distance of 21.93 feet to a 5/8-inch steel pin o~~ the easterly line of the Northwest One Quarter of said Sectioia 23; Thence fallowing the easterly line of said Northwest C_)ne Quarter, Sauth 0()°37'47" West a distance of 331.56 feet to the POINT 41~ 13F.,GINNING. Lnudcer~e r3ribitr~-Itnu e,life Plnnnnrg A Cfci1 F' nnirreerzrr~ ®Go1~Couf;ra Inr~otiorr e Fngineeiirtq B Grrrp{ric <;nn~ifmtrie~r/iorr dG21~. Shore Driac, Ste. i 0D, Iiagie, ldzho R3G1 G a 1~ 2D~.939.~i0~i1 i~ 20x93<): i$45 e ~v~vw.theL_t~icioroii iit~c.coin G.\2000>\063G1\Acimiq\I.iga€s\R1CC31tD Ul' 5T1RVF.Y\il_0807D9_D636]_suuthrirlgc_parcel 7.cla Page 4 of J Tlie above-described tract of land contains 60.27 acres, more or less, subject to any existing easetrlents or rights-of way. I'reparecl I3y: THE LAND GIZOYJI', INC. 462 T. SHORE DR1VE, SUITE 100 EAGLE, IDAHO 83616 208-93 9-4041 208939-4445 (FAX) Lrvrds•<•npe A~ifiitaerina e.S%1P Plnrui/r{q ®C7ri/F_rvi~ixeernr~ ~ C%o/f C~rn:~e Irrrgnliart e~' Exgiueering o Gr~'ilrir. Cor»rriritrientmrr 4C>2I;. Shore Dri~~e, SCt~. 100; }Saglc, [claUti 8361G o 1s ?.03.939.4041 Ir ?08.939.=i=f<15 e ~v~~n~~.tlttiand,~,rni~t7i>>T c.cof7i G:\2006\06361 \1~dmirz\Leg.~Is\ R1~,CC71t1~ OI' StJIZV ~;Y\lt_OS0709_063f 9 _scsutl~ridge_ ksarccl 7.doc Page 5 of 5 a m Title: Date: 09-02-2008 Scale: l inch = 400 feet File; ' 'Tract i ; 60.266 Acres: 2625167 Sq laeef: Closure =-1125.1851 w 0.02 Feet; Precislou =1/459994: Pet'imefet• =10633 Feef 001=~189,0417w 1832.01 020=~114.5323e 124.25 o39:Lr,R=S75.00,Ueha--02.4217 tang=,i39.1038n-, Chd--#f.30 002-n22.0932w 520.19 U21=-n75.Ofi37w 18.88 040= s49,2742w SO.UO 003=t189.1608w 582.48 ozz: Rt x 463.75, Helm-az.31o7 13ng=n~9.3213e, Ct,d=1236 Q91: Rt, R=zv.oo> Uclf~=9t.3~ss9 I1ng~~s05.1542nS Chd'°28.G7 004=n00.5619e 163.38 °s. ~ ~se a5s7~; ci,a `3~s'33°' 04`L=s36.0132e 50.07 OU5~145.4353e 54.46 024=s61:2903e 227.43 025 ••2 L R-°3 M 1) l 3? : 6 093: Ri,R=zo.DO F>~lr,-~1.49s7 F3u ~=sx1.3152e, ~'hJ =29.45 0' ~R £ f U06=S$9.160$e 380,64 007 R =1039 00 belta-i17 3U37 I : tn t, 20. c . . ~ -ng~62; #531 e, C~td=19.23 S2.D0 Uc DJ 4R= Ca=19.24 7 Fany,~- s24.2459G C~,d-273,41 4# L R-30 f> fi 4 ( ~ : . , . .G -nb~,xG.5833e, Chd=13G.09 Q26-~S(i4.G 1590 33G.62 5: t. 0.0 5, c ~a~s<{.4 2 Bn}, a37,(r607c, Chd-228.51 G~$==5~ 1.2211(; $7,65 427;1.t,R-320.U0,Oe1ta=08.t84? -ng~sGx.t 12th;, CI,c3 .Ir,.sx 046=s27.0351 w 1 UD. 18 oa~`_RS:~ ~~oz'D ec a~sy~sTZ43h l 028=s72.2041, e 1 SU,79 047=s08.1751 w 108.$2 oi Lc, R-zs.oo, pelt,=7o.s1•I:1 Ijng- ss4.D016e, Cl,d--zx.s7 029: F.r, rt=2so.DO, t)~It~-GS.szzs -ns-=s37:s43oe, cvd=-2GO. r3 048=s89.0334e 204.56 011=s$9,1608c 5$.64 030=s86.3143w 10.00 oa9: t.t, R so.oo, neha=~51.1D32 -ny n9>.2.110e, Chd=~#2.Rh p~ ~ ~sa ~3 s~~ci ~"z; sols'3 031=s03.'L817e 411.,33 050=n00.14U6w 93.37 013: Ri R--233.34, ^clta--1>.2122 a„b-ndl:ISSOz,Cna=-r7~.93 U32=s86.3143w260.50 OS l: l.t, R =20.00, Uelta=79.1353 ~r, ,s~.slo3„-,ctra=zssl os~ aR-•sos 9l neha=19 z7so 014•=1147.3935w 170.79 033-ti15.0720~v 127..50 , . . . FSnsrsss9. t I s5e; Clui~ 172.05 015; Lt, R=1039.00, Da1ta=7.3.1GrXJ $ng~t59.0759e, q,d-#19.07 R = 103.1.77 Delta- i 5.4547 016: LI 03d: Rt. R~-~S0.00. Delta=•55.35?5 -„~7R5950w, Chd=74.h1 053: Rt, R~=393.2x, I7<.1ta~=03.0917 -ng-nS2.3S49c, Ci,d=21.9} , , i?„~-„3s.z517~~,ch~-zs4.o6 3G 1 03S=n72,1728w 172,$4 U54-s00.3747w331.56 2 Ht,y~,20.s621e C'tid 387?{' 036= 520.12751' 103.24 Oi $=-n 10,0810e 232.12 037=s563844w 124.08 019=s75,0637a 17.90 038-s52.09305v 119.99 'xi[)i 1,ANfJ GIt()UE', ~;t(:. E.xhibit E4 August 17, 2007 Project No. 05021 Legal llcscriptiola Southridge Subdivision Rice Lot 0.65 acres A tract of land situated in t11e Southwest One Quarter of the Northeast Ol)e Quartez• oI' Scctiou 23, Township 3 North, .Itangc 1 West, #3oise Meridian, Ada. County, Idahn. described as follows: Cat))nzencing at a faulzd brass cap numi.llticnting tlje Nol`t!) O[ze Quarter of said Scctioll 23, fi•otn which a found S/8-inch steel hin Jnonulttentiltg the Cezxter Ol)e Qual•ter C:arzzer of` said Section 23 bears South 00°37'47" West a distance of 2,G37.73 feet; Thence fo]lowing tl)e westerly fine of the Northeast C)ne Quarter of said Section 23, South 00°37'47" West a distance of 1,937.38 f`cet to a point; Thence leavil)g said westerly litre, Sautl) 89°22'!3" East a distance of 515.14 feet to a found !/2-incia steel pin beinf; the POINT OP 131GINNING. 'T'hence North 63°36'24" Masi a distance o1' 150.86 feet to a found 1i2-iJtel) steel pin an the sauthwcstel~ly right~af~way line of t]~e Ridenllaugh Canal; Thence follotiviizl; said soutl)westel•ly tight-oi=way line, Soutl"! 37°52`47" East a distance of 53.06 feet to a paint; Thence fa]]owing Sind southwesterly 1•i~;ht••oi~•way line, soutlzcastcrly 123.81 feet following the: al•c of a eiz•cular cul•~,e to t]ze 1•ight, said cuz•ve 1~lving a radit.ls of 240.0() #eet, a central angle af`29°3.3'24", a chord bearinl; of South 23°06'05" ]east and a chord distance of 122.44 feet to a found 1/2~inch steel pin; Thence lea~lilzg saki soutllwestetly 1•il;ht~af=way line, Sof-ih G7°I 1'20" West a distance of i 58.98 feet to a found I /2~inch stet] pin; Thcl)ce Nol•th 27°47'39" West a distance of ] 47.67 feet to a point; Thel~ee northwesterly 16.72 feet following t]zc arc of a circular cul•ve to the Ief't, said cul•ve having a radius of ] 97.50 feet; a cil)tl•al angle o(' 04°51'03 ", a cltat•d bearing of Naz`th 30°13'10" West anti a chord distatce of i 6.72 feet to the POINT OI~ L3LGINNING. Ls+adrrr+~:r.i3+r/+rterNrrn o .i'r!~ /'lmrrn+q ~ Ciri/,Fl+~girreerrrrq O G'o/~Co+r+:re I+riGrrtiou C:` Esrrginee+ruq o Grnfil~ii• C o»irrirrnira/fort ?G2 1~.. Share 17riee, Ste. 100, liaJ;le, Idrdxr 8361G ~ P 2D8.939.d~~1"1 I' X08.939.+1<1~15 ~ w~cw.tlxr}an~i<n'<xihisx.c<ii~x O.\(::I1~\[iaf;lc "!'ransfcr J+ii<:: \Ofi3G1 \:\clr3~ic~~l ,rF;al~\Il_Q7t>fi I ~_s<~uthricigc_OG3G I_ricc.rlnc Pace I of 2 'l'HIi r.AND GJZOUJ', Ji`tC. The above-described tract oi' land cor~tair~s 28,362 sgEfarc f'ect, or' O.G5 acres, more or• ILSS, subject to any existita~ easer~~cnts or r•i~;l~ts-of way. Prepared By: 'I'TIC` I.,t\ND C~Rf.)UP, INC. 462 I. SI-IC)IZE 1)I~.TVP;, SUI"I'I 104 IsnGl~l, ID~.I-IO 83616 2(78-93 9~404I 208939-4445 (I~~1~) 1 nurlrrrrj.~c=1,~/~ilednre +,Sitc 1'ln~urii(q a Clrrll3~i~i~rceiw;q • C~olfCotrrYa Ir~ign/ion c' F~rrGiuerfii~~ o Gmplri<• (:ou~n~rrnindion 4G7. 13. Shorc Z>rivc, Stt'. 300, ):a);Ic~, Iciaht> 83GrG • P 208.939.=10~4r 1' 20$.939.<}~}:15 • ~~<gay=.tl3c~lasici~~til~inc.cnri~ (?:~(:;It~\Is;r};Ic "r'rirt~~Fcr l~ilcs\UG3G1\;1<Imin\l,cgals\II_07081'r_~outfxicll;r_OG3Gt_c'icc.dr~c 17ake 7 of 2 ~~~~~ SITUATED 1N THE SW 1/4 01= THE NE 1/4 OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.IvI., FOUND BRAS5 GAP ADA COUNTY IDAHO ,> . , ~ FOUND ~~~ s >EEL PIN O FOUND 1/2" STEEL PfN ® CALCULATED f:'aINT DOUNDARY LINE --~ --~- -- --- SECTION UNE - CANAL CENTER LINE . --~-- CANAL R1GHT-OF-WAY LfNE 14 FOUND RBASS CAP z~ t~ 1 j4 coRNER SECTiaN 23 ( ~ RIDf_NBAUGH CANAL -y I \~ I U'~ , , s , s~ ~~ ~, ~ l 2~ o ~ ~~ ~+ i ~ ~6 ~ 5 89'22'13" E 515.13' ~ ~ ~~ ~ ~o a.~ ~~ FOUND 5 8" TEEL P(f ~ ~ v~, , C 1/4 CORNER SECTION 23 ~ , ~~ W 2~ . ~~ 56 1 j CURVE TABLE ~ ~ ~ 4' ,.~ __ CURVE LENGTFI RADIUS DELTR Gf-I.~ BRG. Cf-l. DiST. ~ ~ °~ ~ ~ 3.81 240.00 C1 12 29'33'24" S23'06'05"E 122.44 ~ ~~' ' _ _ ~~ C2 ~ 16.72 197.50 ~ q'51'03" N30~13'10"W 1672 ~ 1 °a q ~'. ~ ENGINEERISURVEYpR ~'ROJEC'f INFORMATION SCALE: 1"=60' 'rid ~,~,®,-~ "I'HF. LAND GRUUP, SNC. ~l r~ EXHIBIT B oei2iro~r ®~ ~.~ ,,~~ -Lan<Lvcape Architecture ' p~ ^~'~ • Citnl b'»yinaeriny 1 • Site Ptn~t~lir~O '' PROJECT NO. Q6361 • CU l~ CDL<Y,gB If7T,e/a120)k d.- E~Iy SiL$bT1T~ hi uninaliol - G C / ~ /~ ~ 17 ~ ~` FT I • 1 1 t rap c omm e 482 E: SAOra Or., Ragglr /D. 85616 .,¢~~ st~~„s~„9 V V i ~ /'Mns (208J 939-dRff Par (288J 9.19-tdlS ~" ' SOUTHR(DGE SUBDIV(S(ON tv~witAeian ou ne.com EXHIBIT F i,INDER 109 PROPERTY ~~ ~~=~~` a w 'I'I#r LAND GROUP, INC. F',Xh1b.7.t F October l 3, 2408 Project No, 4G3G1 Legal Description Record of Survey Parcel 8 UNDER.1.09, LLC. 1.25 acres A tract of land situated in tlae Southwest Onc Ql}aster of the NoI-thwest One Quarter of Sectian 23, Towz.zship 3 North, Range 1 West, Boise Meridian, City ofMez-idiaz>, Ada County, Idaho, described as follows: Commencing at a found brass cap n~ancunenting the West One Quarter of said Section 23 on the centerline of South Ten Mile Road, from which a found S/S-inch steel pin mollutnenti7zg tl>c North one-sixteenth Corner conan~on to said Section 23 and Section 22, Township 3 North, Range 1 West, Boise 1Vleridian 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 Noz•tliwast One Quarter and the centerline of said South Ten Mile Road, North 40°SG'19" East a distance of 476.3E feet to a found _5!$-inch. steel pin; Thence leaving said westerly line, Sout17 89°16'08" East a distance of 48.00 feet to a f~RU~d 5/8-inch steel pin an the easterly right-of way li~~.e of said South "1'ezt Mile Road; Thence follawing the easterly right-of ~vay line of said South Ten Ivlile Road, North UO°S6'19" 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 Sl8-inch. steel pin on the southerly right-of way line of West Overland Raad; Thence following the southerly right-of=way line of said West Overland Road, South 89°16'08" East a distance of 392.14 feet to a 5/8-inch steel pin; Tllencc following said southerly right-al way line, 138.62 feet following the arc of a cil•cula{• curve to the lcfl, said crave having a racli>.ls of 1,054.50 feet, a central angle of 07°33'39"; a chord bearing ofNozth 8G°57'03" .IMast and a chord distance of 138.52 feet to the PO1NT OF BEGINNING. l.mrrlrrr~e. f3rrLiloefrrre e .Sire I'Jnrnring e C:iti/Errgirreerzrr~ ®Gn~ Gnrrrse Lyr~alioa e:' Errghreerrug a Gn~hir C'nrrrrnrrltiertliorJ gG21s. Shore I)rivc:, Ste. 100, laglE:, ldaht> 83616 e 1~ 2f13.93}.104] €' 208.934.4445 a ~~~tivt~.thelanc~rouninc:.coan C::\?OOG\06367\Adnun\}.e~jl\1ZlCOItLI Olr SU1tVL'.1'\11_081013_06361_srnrthrid~K_~accel 8.doc Page 1 0('2 Thence 233.62 feet folloring the al•c 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 Noz•th 76°47'58" East and a chord distance of 233.13 feet to a 5/8-inch steel pike; 'T'hence leaving said southe]•ly right-of way line, South 47°39'35" East a distance of 157.73 feet to a 5/8~ineh steel pin; Thence 184.7 } feet following the arc of a non tangent ckkrve to the left, said clzrve having a radius of 233,34 feet, a centl•a1 angle of 45°21'22", a chord bearing of South 43°15'50" West and a chord distance of 179.93 feet to a 5/8-inch steel pin; Thence 25.49 feet Iollowing tike arc of a reverse curve to t11~ right, said curve haviki a radius of 20.0.0 feet, a central angle of 73°01'33", a chord bearing of South 54°13'05" West and a chord distance of 23.80 feet to a Sf8-inch steel pin; 'T'hence North 89°1608° West a distance of 58.64 feet to a 5/8~inch steel lain; Thence 30.77 feet following the arc of a circular ctu•ve to the right, said curve having a radius of 25.00 feet, a central angle of 70°31'44", a chord bearing of North 54°00`16" West and a chord distance of 28.87 feet to a .518-inch steel pin; Thence 111.19 feet following the arc of a reverse curve to the Ieft, said crave having a radius of 50.00 feet, a ce]~rtz•a.l angle of 127°24'36", a chord bearing of North. 82°26'42" West and a chord distance of $9.65 feet to a 5/8-inch steel pin; Thence North 11°22'11" West a distance of 176.12 feet to the POWT OF BIGIl~INING. The above-described tract of land contains 1.25 acres, more or less, stkbject to any existing easen~zents or rights-~of=way. Prepared By: THE LAND GROrJP, INC. 462 E. SI-IORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) ~' I~rrrl~tnpe.~irrl~ileclnre ®,SifaY/urruirCg ®Clt~illsugirtrarrrrg ®Gnlf'Cbrrr:r~ Ir~•tgntrax ~~ ~'rglrtcerixg g Grtrfillic Caon~rrrnicrrtiou 462 i;. Shore Drive, Ste. 100,1?,agic, ]dah<r 836] 6 d d' 205.939.4041 k' 208.939.4445 0 }v~e~~y.t1icI_~nd~cois~ic,c~rixi C=:\2006\U6361 \A dznin\Lega[s\Rk?.COktD OF 5C1R~r(:1'\iI_0S 10]3_06361_svtrehridge_,~parcel 8.doc Page 2 of 2 Date: 10-132008 Scale: 1 inch ~ 54 feet Ti-~ct l : 1.252 ficres: 54520 5q FeeE: Closure = s33.0I 14e q.00 Feet; l'1•ecisiou =1/412775: Perimeter = 978 Fee# Ol: Lt, R=1050.50, De}ta=l2 ~l430 004:111, R=20.00, Dolla=73.0133 607: LF, R-5200, DeJla=°12.7.2436 ors>n76,475$e, Clid=333.i3 Etng=si4.1305w, C6d=23.80 IIng-nS2.2G32w, Cod°R9.b5 J02=s473935e 157.73 005=1~89.1608w 58.64 008=-n11.2211~v 176.12 EXHIBIT G ACHll PROPERTY Uecernber 10, 2009 ~~ ~~~~ Page 1 of 2 ;~~° T~-lL LAND GROUP, rec. Exhibit G Project No. 06361 Legal Description Southridge Parcel 7A CINDER 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, F3oise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a brass cap rnonu}renting the West One Quarter of said Section 7.3 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 476.36 feet to a 5/8-inch steel pin; Thence leaving.said westerly line and said centerline, South SJ°16'08" East a distance of 48.OOfeet.to a 5/8-inch steel pin on the easterly right-of-way line of said South Ten Mile Road, being the PO11~T OF BEGINNING; Thence following the easterly right-of-way fine of said South Ten Mile Road, Nori:h 00°5F'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 138.57_ feet to a 5/8-inch steel pin: L.nul~~.~pc~3~rLite~7nse o 57fe Plnnnin~ e Cie.i! Fngineariug e Gv/~ Conrra I~~igrr/ivrt ey.~rrginesrir~q ®Gr~plyic Cvv>niunitritiar dC>2 i?. Sh<xe 37rit*e, Ste. i00, Easle, Iclaiter $3016 ° Y 208.939.4D41 1~ :?08.939 <}q:}5 n ~~7v~~~.thc}_r~c~i•r~u~?iit<~.coe73 (Y:A2D06\0(361\i\dmin\1-,cols\2010 ]~13A\}.. U91210 Parce37a DG3G1.doc 'I'Hii LAND G1tOUP, INC. Thence leaving said southerly right-of-way 1#ne, South 11°22'11" East a distance of 176,12 feet to a 5/f3-inch steel pin; Thence South L5°OII'21" West a distance of 30.00 feet to a 5/8-inch steel pin; Thence North II9°16'08" West a distance of 582.4II 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 r#ghts-af-way. Prepared By: THE LAND GROUP, INC. 46?_ E. SHORE DRIVE EAGLE, [DAHO ~i3616 20II-939-4041 208-939-4045 (FAX} ~' hnrrlsrnpc,9,al~i/c{rrnu ®Suc 1'Irrnuirt~ o C'ir.<illagitreeritrg ° Go//'C'our~e Itrigaliott u Errhrnc~rirr~ o (;,nfrlri<Coitlinmtimlion '162 L;. Shore 1~~xivc, SEe. 100, 7;a~;le°, Ic3~~lzo b3616 o Y 208.939.~SfI~1 1~ 2C1H939.41~15 o wtivw.ehclauds;-uii ~iae.~~~?. G:A200G\063(1 \l~dmiu\I_e~als\201(3 I'Bt\\I , 09121 t} I':trcrl7si ~G 361.dvc i Tide: SQUTHFZIDGF~ PARCTL 7~~-LIN17}~It i09, I,LG• (Date: 12-IO-2()U9 Sc~Ie: 1 inch _ TC)f} feet ~Fi}e~ _~ ~ -- "T'ract !: 7_.53] Acres: I !0243 Sq Fect: Closure == s74.S4S8w 0.02 Feet; Precision =[/83864: Perimeter=~ !521 beet of}t~ },t, It" fUj0.S0_ i1CIE1-U7.3339 007=n89.1608w 582.48 001--n0U.56l9e 163.38 tit,c-n~es;~aae.n~a us..n 002=-n45.4353e38.21 005=s! 1.221 Ie l7G.i2 003=s 89.1603e 392. ! 4 ODC>-525.081. ! w 30.00 EXHIBIT EI OVERALL MASTER CONCEPT PLAN Exhibit H -~ c c~ O Linder Rd ~ I~j -~ ;~ i c i i I l ~~ ~~ _-~ ,, \~ ~ ~_~ n Q M~/y~ Iml..l /ry~'+, U VI.L Ten Mile Rd ® ~- = I° U ~ <C ~ O r~~ V d C~ ~ ii