Release of Development Agreement with Red Tail CommunitiesADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5
BOISE IDAHO 04/17113 03:16 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIVIIIIIIIIII III III
RECORDED-REQUEST OF
Meridian City 11 ~~41 S 1 s
When recorded, please return to:
City Clerk
CITY OF MERIDIAN
33 E. Broadway
Meridian, Idaho 83642
RELEASE OF DEVELOPMENT AGREEMENT
This Release of Development Agreement (this "Release") made by and between the City of
Meridian, an Idaho municipal corporation ("City") and Red Tail Communities LLC, a Delaware limited
liability company ("Owner").
WHEREAS, City and Owner's predecessor-in-title entered into that certain Development
Agreement dated August 28, 2006, and recorded in the real property records of Ada County, Idaho, on
or about September 21, 2006, as Instrument No. 106151214, as amended by that certain Addendum to
Development Agreement dated May 12, 2008, and recorded in the real property records of Ada County,
Idaho, on or about June 6, 2008, as Instrument No. 108065958 (collectively, "Development
Agreement") as a condition of annexation and initial zoning of approximately 182.6 acres of real
property legally described in the Development Agreement and known at that time as the proposed
Tanana Valley Subdivision ("Original Property");
WHEREAS, on ~ ~r ~ l (~ , 2013, City adopted Rezone Ordinance ~~ - 155 a
to rezone a portion of the Original Property consisting of approximately 31.83 acres, legally described in
Exhibit A attached hereto ("Released Property"), following a public hearing on or about
~Ar ~ ~ ~ , 2013, before the Meridian City Council (Case No. ~Z. l3 -oo ~ ), which
supersedes the initial zoning and related Development Agreement as to the Rezoned Property;
WHEREAS, City and Developer desires to execute and record this Release to memorialize that
the Development Agreement is no longer of any force or effect as to the Released Property.
NOW, THEREFORE, in consideration of the recitals above, City declares and confirms, and
Developer agrees, that in light of the notice and public hearing held on 1~-la~c~, o? la
2013, and the Rezone Ordinance 13-155 approved by the City Council on
~~ ~ ~ , 2013, the Released Property is hereby released from, and shall no longer
be subject, to the Development Agreement. The Development Agreement shall remain in full
force and effect as all portions of the Original Property except the Released Property.
fiend of text)
RELEASE OF DEVELOPMENT AGREEMENT - 1
1672843-3
IN WITNESS WHEREOF, the parties have executed this Release effective as of the ~~ day of
2013.
CITY: OWNER:
By
CITY OF MERIDIAN, an Idaho municipal
corporation
~~~~ , ~~C,~'.~~ ~Q
Mayor T y de Weerd
A
Holman, City Clerk
STATE OF IDAHO
County of Ada
:ss.
RED TAIL COMMUNITIES LLC,
Delaware limited liability co pany
By: 2
Ran y Fullmer, Manager
0~~~~A{LD AU4LSTl
~G 79
Gw
City of 1
r _ TDF~ IAN.~-
I~bAHO
s
~~, SEAL ~~
,p, w~
r ~
~y°~~ne rne~~~~~
On this day of ~ DY'~ ~ , 2013, before the undersigned notary public in and for the said
state, personally appeared Tammy de Weerd and Jaycee L Holman, known or identified to me to be the Mayor and
City Clerk of the City of Meridian, an Idaho municipal corporation, the persons who executed and attested the
foregoing instrument on behalf of said municipal corporation and acknowledged to me that said municipal executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
~~~~~~
•••py4 ... ., .~,~•i
•~~ TAR ~• ,
• ~; Rio ary Public for Id o
', ~, " Residing at: ~~( ~~~ ~\~
~ ,~;~ ~"' My Commission Expires: ~ L Z~1
STATE OF IDAHO ) ~;•`
as.
County of Ada )
On this /~ day of ~~~, ~ , 2013, before the undersigned notary public in and for the said
state, personally appeared Randy Fullmer, known or identified to me to be a Manager of Red Tail Communities
LLC, a Delaware limited liability company, the person who executed foregoing instrument on behalf of said limited
liability company and acknowledged to me that said limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
~+.
ALAN C. NOBLE
NOTARY PUBLIC
STATE OF IDAHO
~~f ~
- / ~~"G~
Notary Public for Idaho
Residing at: i~~Ea,o,~~, ro.a~,~;
My Commission Expires: ~/:~~ /i 9
RELEASE OF DEVELOPMENT AGREEMENT - 2
]672843-3
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April 9, 2013
Project No. 112168
Red Wing Subdivision
31.83 Acres
~Xhil~l$ "A"
A tract of land situated in a portion of Government Lot 1 and the Northeast One Quarter of the
Northwest One Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho, described as follows:
COMMENCING at a found brass cap which monuments the Northwest Corner of said Section 30,
which bears South 89°42'14" West a distance of 2,450.84 feet from a found brass cap which
monuments the North One Quarter Corner of said Section 30, thence following the northerly line of
said Section 30 and the centerline of East Victory Road, North 89°42'14" East a distance of 650.00
feet to the POINT OF BEGINNING.
Thence following said northerly line and said centerline, North 89°42'14" East a distance of
1,236.84 feet;
Thence leaving said northerly line and said centerline, South 0°17'46" East a distance of
350.00 feet;
Thence 317.51 feet along a circular curve to the right, said curve having a radius of 317.50
feet, a central angle of 57°17'49", a chord bearing of South 28°21'06" West and a chord
distance of 304.44 feet;
Thence South 57°43'33" West a distance of 46.19 feet;
Thence 237.06 feet along a circular curve to the left, said curve having a radius of 682.50
feet, a central angle of 19°54'04", a chord bearing of South 47°46'31" West and a chord
distance of 235.87 feet;
Thence South 35°43'32" West a distance of 50.00 feet;
Thence 173.56 feet along-a circular curve to the left, said curve having a radius of 530.56
feet, a central angle of 18°44'36", a chord bearing of South 26°21'15" West and a chord
distance of 172.79 feet;
Thence South 19°04'55" West a distance of 57.81 feet to a point on the centerline of the
Ridenbaugh Canal;
Thence following said centerline, North 70°55'11" West a distance of 1122.60 feet;
Thence following said centerline, North 57°31'47" West a distance of 69.47 feet;
Thence following said centerline, Narth 44°08'23" West a distance of 314.59 feet to a point
on the westerly Right-of--way line of said South Meridian Road;
Thence following said westerly Right-of-way fine, North 0°25'49" East a distance of 346.74
feet to a point on the southerly right-of-way line of East- Victory-Road;
Thence following said southerly right-of--way line, North 67°11'27" East a distance of 65.30
feet;
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Thence following said southerly right-of--way line, North 85°58'50" East a distance of 89.71
feet;
Thence following said southerly right-of-way line, North 89°24'55" East a distance of 430.98
feet;
Thence leaving said southerly right-of-way line, North 0°17'46" West a distance of 32.00 feet
to the POINT OF BEGINNING.
The above-described tract of land contains 31.83 acres more or less, subject to all existing
easements and rights-of--way.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
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Title: Date: 04-09-2013
Scale: finch = 250 feet File:
Tract 1: 31.826 Acres: 1386347 Sq Feet: Closure = n07.S445w 0.00 Feet: Precision >1/999999: Perimeter = 4940 Feet
001=n89.4214e 1236.84 °s°„g sib 1IS~v G~hde1172 ~9443G 013=n67.1127e 65.30
002=s0.1746e 350.00 008=s19.045Sw 57.81 014=n85.5850e 89.71
Bng R28.2106~y C de~3Q44A1749 009=n70.551 lw 1122.60 015=n89.2455e 430.98
004=
s57.4333w 46.19 010=nS7.3147w 69.47 016=n0.1746w 32.00
tt,,
B ~s47.46382v, Ct de123S.87 404 011=n44.0823w 3 ] 4.59
006=s35.4332w 50.00 012=n0.2S49e 346.74