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Application
To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: May 2~, 2013 Transmittal Date: May 8, 2013 File No.: M®~4 13-010 Hearing Date: .lone 4, 2013 RegUest: Public Hearing: Amend the Development Agreement to delete the number of lots, dwelling units and square footages allowed to develop on the site and replace the types of uses approved on the site for Paramount Subdivision By: Brighton Develornent, tnc. Location of Property or Project: South o~ IN. Chirtden Boulevard, between R!. IlAeridian Road and N. Linder Road Jae Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP} Michael Rohm (No FP) Macy Miller (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoagiun, C1C Keith Bird, C/C David Zaremba C/C Sanitary Services (r,o vaR, vac, FP) Building Department/ Rick Jackson Fire Department Police Department City Attorney Community Development City Planner City Engineer Economic Dev, (cuP only) Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FPIPP/sHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian brig. District Settlers brig. District Idaho Power Co. (FP,PP,cuP/SHP only) QWeSt (FP/PP/SHP only) IntermOUntaln GaS (FP/PP/SHP only} Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kung Irrigation District Boise Project Board of Control /Tim Page City Clerk`s Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 + Fax 208-888-4218 ®www,meridiancity.org II~IA~~--- lPlanning I?iyi~ion ._, ~ r~ ~ COMMISSION & COUNCIL REVIEW APPLICATION of Review Requested (check all that .Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment ^ Conditional Use Permit .^ ironditianal Use Permit Modification Development Agreement Modification ^ Final Plat ^ Final Plat Modification Manned Unit Development reliminary Plat ^ Private Street ^ Rezone ^ Short plat ^ Time Extension (Commission or Council) ^ UDC Text Amendment ^ Vacation (Council) ^ Variance ^ Other Applicant Information Applicant name: r~t2L(5E ~~/'C-Z~4C~~~1°. -- Phone: ~If~'~d0 Fax; ~"%~j'• X102-- Applicantaddress: lZloOl uS. CCp(~'CE2~Z~ ~~~~7~ E-mail: Applicant's interest in property: ^ Own ^ Rent ^ Optioned ~ Other ~/L~l ®s~L Owner name: f~f~z![~-~ fUC`~`II+ ~C- Phone: `~ Fax: <~~H1tiCd Owner address: ~'L~ Zip: E-mail: Agent name {e,g., architect, engineer, developer, representative): Firm name; Address: Phone: Fax: Zip: __ E-mail: Primary contact is: Applicant ^ Owner ^ Agent ^ Other Contact name: /~fC~3~Q.-- ~ . ~~~~7~' Phone: 2~° tT DS/ 7~-Fax: ~~~~~y'~-' Contact address: !'?.loD l LU • ~L~~tz- ~ ~.®D Zip: , ~~>,~lt ~ E-mail: Ott iva ~"~ (e ~ '~l~ J ~D ~ari~$du ~ or$o . ~~ Subject Property Information Location street address: Assessor's parcel number(s): ~~-' ~ ~5 /7~`1~, ~tf-Z~s / ~`7E,7~ ` Z,CJ.gC9t~/~, G~~ ~~~t'~9~_~ Township, range, section: -~"~-l~ ~(CQ~ 'S ~~' Total acreage: ~D!~~'C7DA~ ~ ~"i ~ ~~ 1~'.} ~-~": ~~,~ Current land use; ,rad,~2f.Cl.GL-`f'UI~""~ Current zoning district; ~ ~"~ ~` ~D~f°Zh!?~~`7~q ~ ~~-ZS11D¢7~c~~ 5~r.E-251ID 1 ~o ~ 5c~-25 t tD3~ 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208} 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 02108/2013) Project Description Project/subdivisiori name: ~~, /2.X4-'i'Yl~~t~1~"` ~z~~ General description of proposed project/request: R Proposed zoning district(s): ~ °~ ~-~ ~ w J .-~ _ Acres of each zone proposed; Type of use proposed (check all that apply): Residential commercial Office ^ Industrial ;Other ~1~C.C-~-~~~ ~1L'1"~°-~ ~tt1,..fiJ Who will awn & maintain the pressurized irrigation system in thi/s development? , -~Ct 5°C7~SC9-- Which irrigation district does this property lie within? SE'~~`~-~r2 Primary irrigation source: x(112° ,` _ ,_ Secondary: GULF Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): ,~," Residential Number of residential units: Number of common lots: Proposed number of dwelling units (for multi-family developments only): 2-3 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): J~ 5~ Proposed building height: -t~=-==" Minimum property size (s,f): Gross density (DU/acre-total land): Percentage of open space provided: ^~ Percentage of qualified open space acreage: Number of building lots: ~~ Number of other lots: Average property size (s.f.): ~~~ Net density (DU/acre-excluding roads & alleys): _ ~~~~ Acreage of open space: (See Chapter 3, Article G, for qualified open space} Type of open space provided in acres (i.e„ landscaping, public, common, etc): (~_ t~-~ Amenities provided with this development (if applicable}:• ~~ ~' _. ,- Type of dweIiing(s) proposed: Single-family Detached ^Single-family Attached ^ Townhomes ^ Duplexes ^Mu!ti-family ^ Other Nan-residential Project Summary (if applicable) NQ'f' L,I~~L.~-J(,t,9'f- ~~j l-1~.~~~ Number of building lots: Other lots; Gross floor area proposed: Existing (if applicable}; Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Total number of employees: Total number of parking spaces provided: Authorization Print applicant name; Applicant signature: _ Building: Paving: Number and ages of students/children (if applicable): Number of compact spaces provided: Date: 33 E. Broadway Avenue, Suite l02 o Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 o Website: www.meridiancity.org 2 (Rer. 02/08!2013) I~I~T~ C~~P~~~~aI~T Apri124, 2013 (Rev.J Caleb Haad, Planning Manager City of Meridian Planning Department City Hall Meridian, ID 83642 die: Paramount Northeast Dear Mr. Hood, Enclosed are Paramount Northeast applications for annexation and zoning, preliminary platting of Brighton property not previously annexed or pre-platted-but always with the intent to be part of Paramount, and modification of the project's original Development Agreement. ~peci, fically... ® Annexation. A total of 54.69 acres in two areas: Approximately 48 acres jnet] south of Chinden Blvd., between Meridian Road and Fox Run Way; and just over five acres (net] west of Fox Run Way, immediately south of Chinden. ® Proposed Zoning. IZ-S, Medium-Density Residential (5.74 ac.); C-C, Community Business (16.55 ac.); and T'N-C, Tf°aditional Neighborhood Center (31.27 ac.). ® Only the single-family portion of the proposed annexation area is addressed in accordance with the "conceptual developme~at plan and elevations" requirement of the annexation/rezone application. There has been extensive discussion and planning of the subject area over the past six years. Apre-application review with staff occurred May 1, 2008; a neighborhood meeting was held on September 16, 2008 (attachments A: "notice" aftd B: large-area concept plan) . The broader vision of that plan fell victim to the economic collapse of late 200$ and 2009. The southerly portion was approved in 2012 as Paramount North and platted as Paramount Subdivisions 21 and 22. The center portion of the plan will, by this proposal, be platted as a 79-lot single-family subdivision. Briglrto~a Coi~poratinrt 12601 T~' Explorer Drire, Suite 200, Boise, Idaho 83713 www.hri~jhtoracorn.com 7'el. (208) 378-4000 Fax (208) 377-8962 Planning of the northerly portion-with zoning of TN-C and C-C---will follow approval of these applications, with detailed proposals provided in subsequent submittals. ~ Preliminar~y plat. A 79 single-family-lot future phase of Paramount, located principally on property previously annexed and zoned R-S but not platted, and an additional five-acre parcel within the to-be-annexed Paramount 1i~vrtlieast area. ~ Develo ment A Bement Modification. Paramount was annexed, zoned and conditionally approved in 2003 subject to the Development Agreement recorded on August 14; 2003 as Instrument No. 103137116. ~ .Section 4.1 of that DA specified the number ofsingle-family building lots, townhouse lots and apartment units; the amount of office and retail square footage; and the number of common lots. Those numbers did not include annexed areas that were not pre-platted with the initial application; did not include areas subsequently acquired and added to the project; nor to the changes made to adapt to the ups-and-downs of the "market. ® Thus, the proposed DA modification deletes "numbers" to focus rather on the uses allowed within the varied project zoning designations, including those of Paramvrsfat Northeast, subject to future development applications and subdivision plats. Given the amount of information provided in these applications, and the potential for confusion as staff relates the "old " to the "new, " or to the "modified, " we anticipate the need for discussions to review and clarify issues prior to formal acceptance and printing of additional drawings for the agency referrals. Thus, we are available at your request and convenience with the intent to facilitate and assist. ADA COUNTY RECORDER d. DAVID PtAVARRp AINDUt>R' ~3.01i 11 D6ISE IDA4iD 121261DIf 01:22 PM DEPIiTYVic~lsllen ~l~f~i~~~~l~~~I «~~I~I~~ ll~~~ RECORDEDmREgUEST OF 1981~64~1 When recflrded, please return to. Orlg~tan Invesbn6ntS Brighton Corporation Aitn: Amanda K. Schaus, Esq. 12601 W. Explorer Drive #200 Boise, ID 83713 gEiVIERAL ~A~RAN~ ®EE® FOR VALUE RECEIVEC}, the receipt and sufficiency of which is hereby acknowledged, Pararva®ur'mt LteC, an Idaho limited liability company (the "Granter°), whose address is 92601 W. Explorer Drive, Suite 200, Soise, Idaho 83713 does hereby grant, bargain, sell, and convey unto the ~ri~hton Investments, I_LC, an Idaho limited liability company, 12601 W Explorer Drive, Suite 200, Boise, Idaho 83713, ("grantee"), all of Grantor's right, title and interest in and to that certain real property located in Ada County, Idaho, legally described on Exhibit A-1 and depicted on Exhibit A-~, attached hereto and incorporated herein (the "Premises"}, TO HAVE AN® TO HOLC3 the Premises, with its appurtenances unto Grantee, and Grantee`s successors and assigns forever. Grantor does hereby covenant to and with Grantee, that Grantor is the owner in fee simple of the Premises; that the Premises are free from all encumbrances created or suffered by Grantor., except those made, suffered or done by Grantee, and except (a) general taxes and assessments, including utility .assessments for the current year, which are not yet due and payable, and will be prorated between Grantor and Grantee as of the date of execution of this deed; and (b} any easements, restrictions and conditions of record or shown on the recorded plat, if any, far the Premises or that may be determined by an inspection of the Premises, and that Grantor will warrant and defend the same forever from all other lawful claims. [end of text] G~IVEI2AL WARRAPETY ®EEQ - ~ G0.egatlCarpanyTransac8ons • F~GSC~FI.LC • PD(BuyoutlTransecdon B - Dissolve PLLC and Transfer Assets b BILLCfGeneral Warranty Deed i2-22-OB.doc IN W17NESS WhiEREOF, Grantor has caused 'its name to be hereunto subscribed this ~~ day of December, 2008. GRAi~I°®R: PARAAdI®tJPIT LLC, a~ Odait® limited liability c®mpany By: Bright®n investments, LLC, an Idaho limited liat~llity company, Member ~y: Blake R. Alder, Chief Financial & Operating Officer Authorized Agent State of Idaho ) ss. County of ) On th'ss day of December, in the year of 2008, before me, a notary public for the State of Idaho, persona(iy appeared Slake R. Alder, .known or identified to me to be an Authorized Agent of Brighton Investments, LLC, the Member of Paramount LLC, .an Idaho limited liability company, the company that executed the instrument ar the person who executed the instrument on behalf of said company, and acknowledged to me that Brighton Investments, LLC, executed the same. oooagnoaaeooaBODe 000~~~®®~4®®~0 ~'C °a~ a q°00 0 ~oQ ~~ ~~®®° ~P0 f~ota' y Public for Idaho ~~ c~ o a ® ~' ~ My Commission expires 1. ~~~ j) e .®g~ o e a ® O a o . p s• ~` o° .~mtf) o Va~j,lC 0®® .o O 9 0 °sa:9 j°°®o®®a®~o~ ~~ o®~~ ®,aB ~' 0 F I D ~aoo°°0 GENERAL Wd~F2RANTY SEED - ~ G:ILagaliCnmpany Trensac6trns - NescWLLC -PDI BuyoutlTransactian 8 - 6issolue PLLC and Transfer Assets b BILLCtGeneral Wananky Deed ! 2-22-D8.doc E~l7ibit ,A-~ L~gai ®escripti®e~ 1~ ~Itt~~>t'd~t t ~~jl ~~~ ~L~~` ~~ 423 Af. Ancestor t-lace, Snits 184? Boise, ldal~o 837114 {~p8) 376-500Q v Fax (2o8) 376-5556 Project No. 02-037-t#1 bate: December 3, 20418 $~ES~1~~~~~~ IPARCI~IL A A parcel of Land located in the E 112 of Section 25, T. 4 N., R. 1 W ., B. M., Ada County, Idaho, more particularly described as follows: Gomtnencing at the section comer common to Sections 24 atnd 2S of said T. 4 N., R.I W., and Sections 19 and 30, T. 4 N., R. 1 E,, B.lvr.; Thence South 00°25'49" West, 540.00 feet on the section line common to said 5ectians 25 and 30 to the Rl~~ PCD)<NT ®~' 1SE~ll~IY1~lG; Thence continuing South 00°25'09" West, 648.95 feet on the section line common to said Sections 25 and 30 to the nartireast corner of that parcel of land described in Deed 7nstrament Number 101'127461 of Ada County Records; Thence North 71°51'47" West, 342.31 feet {fozuxerly described. as 345.83 feet} an the northerly boundary Lime ofsaid Deed Parcel; Thence South 00°24'33" West, 692.59 feet on fhe westerly boundary line ofsaid Deed Parcel and the Parcels adjoining said Deed Parcel to the south, to an angle point in the northerly boundary line of that parcel of Land described in Deed Instntment Number 971.00966 of Ada County Records; T'l~ence North 89°34'44" West, 94,14 feet an said northerly bound-ary line ofsaid Deed Instrument Number 97l 40966 Parcel to the northwest corner ofsaid Parcel; Thence North 7$°26'3fl" West, 962.67 feet an the northerly boundary liz3e of that parcel of land as described in Deed lnstrarctent Number 1032065()l of Ada County Records to the northwest corner ofsaid Parcel; Thence South 00°02'30" :East, 334.37 feet on the westerly boundary line of said Deed Instrument Number 7 0320GSQ 1 Parcel to the southwest. corner of said Parcel, said paint also being on the rlortlxerly boutxtiary line of that parcel of land. shown as 5.07 acres oti Retard-of Survey Number 5945 of Ada County Records; Thence 5auth 74°41.'13" East, 630.88 feet on the southerly boundary liAe of said Deed Insttumeztt Alutnber 10320ti8fl1 Parcel. to the northwest- corner of that parcel of land described in Deed Instrument Plumber 106011535 of Ada County Records; Fatamoun4 t,LC Ck:sc.doc Yage 1 of 8 CaEPIEI2At. ~/AR13AIdTY DEED - EXHIBIT A-') C:1LegaACompany Tramacfions -IvHsc\PLLC -PDI Buyout\Transagion 8 • DissolvePLLC and Transfer Assets to B]LLC1Ceaeral Warranty Deed 12-22-DS.doc Thence South. 00° i 1'32" West, 529.50 feet on the westerly boundary line of said Deed Instruz~ent Number 146011535 Parcet to the southwest corner of said Parcel, said paint also being on the east-west mid-sectiax~ line of said Section 25; Thence North $9°27'28" West, 574.54 feet vn the eastwest Fnid-section line of said Section 25 to the Center-East l/l 6th Section corner of said Section 25; Thence South 00°27'49" West, 408.?1 feet on the Werth-south 1/16th section line of the SE 1l4 of said Sections 25 to a point on the ~xtrtherly boundary line of Lot 11, Black 32 of Paraunour~t Subdivision No. 15; Thenoe North 44° 11'41" Nest, 575.25 feet on the northerly boundary line of Pararna~nnt Subdivision No. 15 and Paramount Subdivision No. I d to a point on the east-west rnitl-section line of said Section 2S; Thence South 89°27'28" East, 295.79 feet an the east-west mid-section line of said Section 25 to the southwest corner of that 5,07 acre Parcel of tend shown on It.ecord-of Survey Number 5945 of Ada County Records; Thence North. 00°11'32" East, 76]..59 feet on the westerly boundary line of said 5.Q7 aero Parcel to the northwest cornea of said Parcel; Thence North 70°44'12" West, 43U.16 feet; Thence North S9°19'44" West, 2$4.C1~i feet to a point on the easterly boundary line of Paramount Subdivision 1`Jo. S, said point also being on the easterlyright-of-way sine afNorth Fox Run ijitay, Thence on the easterly haundaxy line of 1'ararn.ount Subdivision No. 5 for the following courses and distances: Thence North 4S°48'59" East, 7.60 feet to a paint pf curve; Thence 31.42 feet on the arc of a curve to the right, said curve having a radius of 24.flfs £eet, a central angle of 90°40'Qf1" and a chord distance of 28,28 feet which bears South 89°l 1'Q1" East to a point an the southerly right-of--way line cif West Gable Street; Thence North 45°48`59" East, 55.00 feet to a point of curve on the northerly right-of way line of Nest Gable Street; Thence 31.42 feet an the arc of a curve to the right, said curve having a radius of ZOAO feet, a central angle of 94x00'00" and a Chord distance of 28.25 feet which bears North 00°48'59" East to a paint nil the easterlyright-vfrway line of North Fox R.un Way, Thence Nt~rth 4S°4$'59" East, 15.73 feet to a Point of curve; Paramount LLC C7esc,doc Papa 2 of 8 GENEFt,~L UVARRAiVTY t}EED - ~XHJBIT A-1 CraLegaliCompany Transaction - Mise1PLLC - PDt Bnyout\Transaction 8 -Dissolve PLLC and Transfer Assets to BILLC1General Wattanty Deed t 2-22-D6.doc Thence 163.92 feet on the arc of a curve to the left, said curve laving a radius of 207.50 feet, a contra] angle of 4S°7.5`43" and a chord distance of X59.59 feet which bears North 23°11.'07" East; - Whence North 00°33'16" East, 455.US feet to a ~-oint curve; Thence 3].3ti feet on the arc of a curve to the right, said curve having a radius of 2Q00 feet, a central angle of 89°50'04" and a. chord distance of 28.24 feet which bears I~otfh 45 °28' l $" East; Thence North 02°47'51" East, 54.05 feet to a p©int curve; Thence 31.47 feet an the arc of a curve tc~ the right, skid. curve hawing a radius of 20.00 feet, a central angle of 90°09`56" and a chord distance of 28.33 feet which bears North 44°3 i'42" West; Thence Narth 04°33'16" East, 153.00 feet to a point carve; Thence 161.04 feet on the arc ofa curve to tho left, said carve having aradius of 206.50 feet, a central angle of 44°41'01" and a chord. distance of 156.99 feet which bears North 21°47'15" 'test; Thence North 44°07'45"' VJ~st, 267.59 feet to a point of curve; Tk~ence 93.95 feet on the arc of a curve to the right, said ctYrve having a radius of 12Q.50 feet, a centra] a~rgle of 44°40'10" and a chord distance of 91.55 feet which bears I'~mrth 21°47'40" West; Thence. Nor~.i 00°32'25" East, 200.63 feet to a point carve; Thence 1.4.76 feet an the arc of a curve to the right, said curve hawing a radius of 20.50 feet, a central angle of 41° 14'48" and a chord distance of 14.44 feet which bears Forth 21 °09`49" East to a point of averse curve; Thence 33,1 I feet an the arc of a curve to the left, said curve having a radius of 46.00 f®et, a central angle of4l°14'4$" and a chard. distance of 32.40 feet which bears Nor~th21°09'49" East, Thence North. 00°32'25`' Eask, 85.09 feet to a paint ciatve; 'T'hence 31.36 feet an the arc of a curve to the right, said curve having a mitts of 20.00 feet, a central angle of $9°SQ'34" and a chord distance of 28.25 feet which bears North 45°27'42" East; Whence North 00°22'S9" East, 12.00 feet to a point on the southerly right-of--way line of West Chinden Eavlevard; Param°unt Li~C Dwc.doc p3gy 3 °t`g GERtERAL WARRANTY ®EED - ~XWIBET A-~ G;V.aga3lCompany Transactiara - NrisdPLLC -PDj Buyout\TrenSaction S - Dissolve PLLC end Transfer Asaets to BiLLCIGenerol Wartanty Deed 12-72.0&.doc Thence leaving the easterly boundary line of said Paramount Subdivision Nv. 5, South 89°37`01" East, 1362.'70 feet on the southerlyright-af--way line of Wesk Chinden Boulevard, said line being 40.00 feet southerly of ar~d parallel with. the section Iine comrnan to said Sections 24 and 25, to the northwest corner a€ that parcel of land describedin Deed Instntment l+iupnber 145164934 of Ada. County Records; Thence leaving said t-igbt-of way line, Sautb_ QO°2S'09" blast, 500.00 feet on the westerly boundary line of said Deed Instrument Dumber 105164930 Parcel to the southwest corner €~f sold Marcel; Thence South. 89°3'7`02" East, 871.20 feet are the southerly boundary line of said Deed Tustrunaent Nunxber 1051.44930 Parcel to the real paint of begu~tning. Said parcel captains 78.97 acres more ar less. .AND ALSQ INCLi3UINCx. FC~lb 6 A parcel of land located in the IOW 1J4 of the NE l/d of Section 25, T. 4 lit., R. l ~'., B.l~., l~erid%an, Ada County, Idaho, nacre particulaxly desoribe€t ~ fbll€~ws: Commencing at the section comi3r common to Sections 24 and ~5 of said T'. 4 N., R. 1 W. and Sections l9 and 30 ofT. 4 N., R.. 1 E., B.Pt~z, Thence Nrsrthi 89°37°01" West, 2669,33 feet on the section line common to said Sections 24 and 25 to the 114 Section Corner common to said Sections 24 and 25; Thence South 4t)°32"25" West, 4Q.00 feet on the north-south mid-section line of said Seatian 2S tv a poinf on the southerlyright-of vva~y line of West Cbindezz Boulevard ~ghway 20!26), said point being the I~EAItt IP®INT D~ B&+~~~i~tl~l~t~; Thence South 89°37`01"East, 303.51 feet on said southerly right-af-way line, being 40A0 feet southerly of anal parallel with the section line camrzian to said Sections 24 and 25, to the northwest mast corner c~fParamount Subdivision Number 5; Theme on tine exterior bauudary lme of said Paramount Subdivision No. 5 for the following courses and distances: Thence South 00°22'59`` West, 12.00 feet to a point of ct~>o"t~e; Paramount LI.C Dese.dvo rage 4 of B ~l=PlER,4L 1AIARRAN[TY ®~imD _ ~XHiBiT A-9 G;1LeganCompany Transactions - Nfiso~PLLC - PDI BuyautlTransaction B • Dissolve PLLC end Transfer Assets to BILLC1General Wrsrunty Deed 12-22-OB.doc Thence 31.47 feet on the are of a curve to the right, said curve having a radius of X0,00 feet, a central angle of 90°09'ZG" and a chord distance of 2$.32 feet which bears ~ot~th 44°32' 1 S" East; Thence South 0(}°32'.25" west, 84, 73 feet to a paint of curve; Thence 33.11-feet on the arc of a curve to the left, said curve having a radius of 46.00 feet, a central angle pf 41 ° 14`48" and a chord distance of 3.2.40 feet wlYich bears South 20°04`59" East tv a point of reverse curve; Thence 14.76 feet an the arc of a curve to the right, said curve havi>rag a radius of 20.50 feet, a central ata.gle p#'41°14'4$" and a chord distance of 14.44 feet which bears South 20°04'59" East; Them South 0a°32'25" West, ZOt?.G3 feet to a paint of curve, Thence 139.94 feet on the arc of a curve to the left, said curve having a radius of 179.50 feet, a central angle of 44°40'10" and a chord distance of 136.43 feet which b°s South 21°4T40" East; Thence South 44°07'45" Eask,149.80 feet; Thence South 45°52`15" West, 25.OOfeet; Tlxerxce North Sfi° I S'S$" West, 225.$3 feet; Thence North 89°2fi'44" West, 254.00 feet to a paint on the north-south rnitl-section line Of Said ~ectipn 25; Thence leaving the exterior boundary line of said Paratnaunt Subdivision No. 5, North 00°32'25" East, 598.03 feet oi~ the north-south mid-section line of said Section 25 ~ta the real point of beginning. Said parcel contains 4.97 acres more or less. AND A~,S~ INCLUDING: ~'~RC~L ~ A parcel of land located in the SE 1/4 of Section 25, T. 4 N.,.R. 1 W.,13. NT., .Ada County, Idaho, more particularly described as follows: Commenciztg at the section corner common to Sections 24 and 25 ~ot'said T. 4 N., R.1 W., and Sections 19 and 30, 'T. 4 N., It. 1 E., B.TV.i.; Paramount LL+~ Desc.doc ?bbd 5 of $ GER(ERAL VU/kR12/41YTY CSEEQ - EXHIBIT A-'t Q:SLeballCompeny Transactions - Misc1PLLC - PDI $uyont\Transeetion B - Dissolve PLLC and Transfer Assets to BILLC1General Warranty Dced 12-22-08.da Thence South 00°25'09" West, 2661.10 feet on the section tine common to said Sections 25 and 30 to the If4 Section Carver common to said Sections 2~ ana s0; Thence South 04°23'20" West, 604.51 feet on the section line common to said Sections 2S and 30 to the southet+sst corner of Paramoue><t Church Subdivision, said point being the >~A.A., P~Irt'g' ~~ ~E~TNNII~IG; Thence continuir}g South 00°23'20" West, 1 ?~ 1.15 feet ort the seativn tide common to said Sections 25 and 3{3; Thence North 89°34'44" West, 25.44 feet to a paint can the westerlyright-of way line of North Meridian Road; Thence South Ob°55'25" West, 96.b5 feet on the westerlyright-af--way line of North Meridian. Road; Thence South 00°23'20'" West, '19.22 feet on the westerlyright-af--way lice ofNorth lvieridian Raad, said line being 36.04 feet westerly of ar-d parallel with the section tine carntrian to said Sections 25 and 30; Thence South 44°45'48"' West, 63.32 feet on the right-af way fine of North Meridian Road to a point on the northerly right-af--way tine of West McMittan Road, Thence North 89°27'26" West, 418.44 feet an ~e northerlyright-of-way line of West McMittan Road, said liz'!e being 27.75 feet northerly of and parattel with the section line common to Sections 25 and 36 of said T. 41V., R. 1 W.; Thence South 40°32'34" 'West, 27.7'5 feet to a point an the section Here ccymtnan to said Sections 25 and 36; Thence North 89°27'26" West, $42.12 feet an the section line carnmon to said Sections 2S and 36 to the East 11] 6 ttz Section Corner catnrnon to said Sections 25 and 36; Tlrertcs leaving said sectlom tine, North 04°2T49'r East, 660.02 feet (formerly described as Forth t14°40`55" East} an the north-south 1116 th section line of the SE 1/4 of said Section 25 to the northeast corner of Cedaz'creelc Stibclivisign, Thearce North $~°27'28" West, 49$.18 feet (formerly described as North $9°54'17"West) on the northerly boundary line of said Cedarcreek Subdivision to the southeast acsrner of Paramount Subdivision Na. 14; ThsnceNarth 00°37`54" East, 431.$2 feet Qn the easterly baeandary tine crfParamount Subdivision N€~. 14; Tkeezree South $9°22'14" East, 174.54 feet on the boundary line of Paraynoutet Subdivision No. 14 to a point of curve; !'aramaunt LLC Drsc.doc Pa%e G of % ~sti~LRRC WARldAPfN DEED - ~XHIBtT ~4-~ CrlLegaflCompBny Transacfions - Misa\PLLC - PDI BayoutlTransaction 8 -Dissolve PLLC end Transfer Assets to BILLCYGeneral Warranty Decd 32-22-08.doc Thence 6.86 feet on the arc of a curve to the left, said curve having a radius of 74.OQ feet, a central angle af45°18'3f" anti a chord distance a.f 6,&6 feet which bears North $7°58`32" East on the boundary line of FaramAUnt ~ubdtv~s~an No. 14; Thence North 44°11 `Ol" West, 49$,1.0 feet on the northerly boundary line of Paramount Subdivision No. l4 and Paramount Subdivision Nv, l2 tD the northwest earner of Lot 5, Block 33 of Paramount Subdivision Ido. 12; Thence North 45°48`S9"East, 27SA4 feet on the easterly boundary line ofFaratnaunt Subdivision No. 1.0 to the southwest carnet of Paramount Subdivision Nc~. 13; Thence South 44°11'01" East, 567.00 feet can the southerly boundary line of Paramount Subdivision Ido. 13 to the st~utheast carnet of said Subdivision; Thence North 45°48`59" Eas#, 114.00 feet on the easterly boundary line of Paramount Subdivision Nv. 13 tv a point of c~.u ve; Thence 31.42 feet vn the arc of a curve to the right, said curve having a radius of 24A0 feet, a central angle ©f 94°00'00" and. a chord distance of 28.28 .feet wh%h bears South 89°11'41" East tc~ a paint on the southerly right~ofdw~.y line of Nest Peck Street; Thence North 45°48`59" East, 52.40 fast to a paint ©f curve trn the northerlyright-of way line of West Peck Street; Thence 31.42 feet ar,i the arc of a curve to the righ#, said curve havitsg a radius of 24.4© feet, a central angle of 9Q°€l0'4€I" and a chord distance of 28.28 feet which bears North 00°48'59" East to a point on the easterlyright-af--way line ofNorth Kingsley street; Thence North 4S°48'59" East, 208.00 feet an the easterly boundary line of Paramount Subdivision Na. i 3 and Paramount Subdivision Na. 16 to a point of curve; Thence 3l .42 feet are the arc of a caarve to the right, said carve having a radius of ZOAO feet, a central. angle of94°OC1'04" anal a chord distance of 28.28 feet which bears South 89°11`Q1" East to apoint an the southerly right-of-way line of West'~alentino Street; Thence IVarth 4S°48`S9" East, 52.00 feet to a point of curve on the north@rlytight-af-way line of West Valentina Street; Thence 31..42 feet on the arc of a curve to the right, said carve having a radius of 20.00 feet, a central angle of 90°04`44n and a chord distance of 28.28 feet which bears North 00°48459" East to a point on the easterly rightWof--way line of North Kingsley Street; Thence North 45°4$`59'" East, 36.94 feet vn the easterly right-off way line of West Kingsley Street to a paint of curve; Paramount LLC Desaa4c !'age 7 of 8 Ca`EIdf;RAL NIARRANTY ®EEFJ -EXHIBIT &~'E G:1Legal\Company TmnsaAions - MiseIPLLC - PDF Buyou6Transaction 8 -Dissolve YLLC and TransFer Asses to 83LLC1General Warranty Deed 12-z2-~8.doc Thence 13.10 feet an the arc of a s~urve to the left, said curve having a radius of 91.00 feet, a cenlral.angle of t?8°15'U3" and a chard distance of 13.~~ feat ~v~ich bears North 41°41`28" East. can said easterlyright-of r~vay line; Thence South 44° 11'01 `" Bast, 128.8$ feet on the southerly boundary lure of Paramount Subciivisian No. l6 to the southeast most corner of said S~zbdivisian; Thence North 25°51`19" East, $fi.1 d feet an the easterly boundary line of Paran~ourrt Subdivision N'a. id; Thence North 04°23'20" East, 943.04 feet an the easterly boundary lme afEazanxvunt Subdivis~ic~n Na. l ti and .Paramount Subdivision No. 1 ~ to the northeast crtrner of Lot 2, Block 4l c~fParamaunt Sulsdivisivn Na. I5; Thence South 89°36'40" East, 438.t1~ feet on the southerly boundary line of Paramowat Subdivisiat~ l~l'a, 15 to the northwest corner of Paramount Chur'eh Subdivision; Thence South 00°23'20" West, 484,52 feet an the westerlybaundary line ofPaunt Church Subdivision to the southwest carver of'said Subdivision; ThencB South 89°36'40" East, 449.90 feet ag the southerly boundary line of Paramount Church Subdivision to the real point afbegint~ina. Said parcel eont~s '0.37 acres mare ©r teas.. dames iS. `~'ashbn>r61y P~,S patamourit LLC Desc.daa Yage $ czf $ GENEFZAL WARRAAI'PY DEELl - EXHI$IT 1a-'f G:1LegaRCompany'hansactions - MiscIPLLC - PDi BuyouflTransa.ction 8 - Dissolve PLLC anQ Transfer Assets to 13II.LC\GQpGra{ Wartanty Decd 12-22-OB.doc P'll'AJ~ ~~': ~n~i~eerira~ l~'crrihest~ )G1LC Exh6bit A-~ ®e~ic~i®I~ ~~ p~®per~y ~ ~~ ~ t I'~ t~OT Tt} SCALE __ _ __~~ a ..~~ ~~~ ~i _.~ ~ ~ ~ ,, a r ~ - ~d ~~~ , ~~1 ~ ...-.~.._..-..__. - - -r r~.. .~~:_ _. ~f'r f I --~ ~~f~. ~ _ t_~ _ ~ ,j - ~. ~'~ - __ ... ; Ic 3 r acv- . ~_~.----~--~-~~''~v •as.~.. ~..v~ ~ • ...~~..~~ ~"_' y.:.:' ~~~-~ .•-•.~_~ ,l ~h LAlWiQf ~taAWl MiW11,C.DEY-tl1c,p]Wrdi6os f2/3 Doe RQ~44 NJ U6T ~EAIEi2AL 1~AR47AR1TY DEED _ EXHIBIT JQ-2 G:1LcgailCompany Transactions - MiscVPLLC - P-1 BayautlTransaction 8 -Dissolve PLLC and Transfar Aasels to BILLC1Geneal Warranty Dced I2.22.OB.doc >~ ~kDA COUiVTY RECORDER J, DAVID NAVARRO ANfDUNT 9,00 BOfSE iiJk1~011101105 ii;g7 AM DEPUTY NeavaNaney l1II~fIffl~1~111~Il~l~l~11l1~1~ RECORDED-REQUEST OF Lille One l ~~f51 t.~,~.tt_i Order No.: A0545249 ~) ~ 6 ~ '~V.~IdRAI~TY DEED F®R VALUE RECEIVED, LORNA M. DENNETT, an uxuxiai7ied woman and JAMES E. RISCH, a married man as his sole & separate property and JOHN R. INSINGER alca R. 30HN INSINGER, a married man as his sole & separate property the Grantors, do hereby grant, bargain sell aid convey unto BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company wl2ose current address is 12601 W. Explorer Dr., Ste 200, Boise, Idaho 83713 the Grantee, the following described premises, ul Ada County, Idaho, TO WIT: A parcel of land lying in the Northeast Quarter of the Northeast Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of S ection 25, Townslvp 4 North, Range 1 West, Boise Meridian; thence South 00°24'52" West 40.00 feet along the East line of the Northeast Quarter of the Northeast Quarter of said Section 25 (also the centerline of Meridian Road} to the REAL POINT OF BEGINNING of this description; thence continuing South 00°24'52" West 500.00 feet along the East line of the Northeast Quarter of the Northeast Quax-ter (also said centerline) to a point; thence North 89°37' 1 S" West 87 i .20 feet to a pouit; thence North 00°24'52" East 500.00 feet to a point on the Southerly right-of--way of Chinden Boulevard; thence South 89°37'15" East 871.20 feet along said Southerly right-of--way to the REAL POINT OF BEGINNING of this description. TO HAVE AND TO I~OS.,D the said prezz~.ises, with their appurtenances unto the sand Grantee, heirs and assigns forever. Arad the said Grantors do hereby covenant to and with the said Grantee, that they are the awztez~s ~ fee simple of said premises; that they axe free from all encumbrances EYCEP'Z' those to which this conveyance is e;~pressly zxzade subject and those made, su~fexed or done by the Crrantee; ar~d subject to all existing patent reservations, easeznex~fis, righf(s) of way, pratective covezzaxzts, zozling ordinances, and applicable building codes, lar~--s and regulations, general taxes atzd assessments, including irrigation and utility assessments (if any} for the current year, which are not due and payable, and that Crrantoxs will wazrant and defend the same fxozn all lawful claims whatsoever, Dated: l llOl/05 State of Idaho ) County of Ada } On this I ~ of ~ ~.~ . , 2005, before me, the undersigned, a notary public personally appeared, Lorna M. Dennett, known to zne or proven to me on the basis of satisfactory evidence to be the person (s) 'whose name(s) are subscribed to tkze vedthiz~ instrutz~ent azzd aclcno~vledged to me that he/shelthey executed the same, - bn&igadB Notary Public `~~' `~ ' Residing ln: ~ ~pTA~ ~' w , ~' m fi Expixes' ,:;: .; :,.1111_, m ~k ~.~~• A ~ ~y~] P r~• ~;it. ~.' kit'' ~.L~~ iD _ "'s t1> 0°n j~e Cj k ~~ r, t -i..:~: I~:i~a1:.4}`~ ~,;, .r'li~i C. c7~ ~~ I c.~.. -t `i Pd1~lf~ p~~~fd6d 4;•Y(a ..~~ ~~q: it hL Op~d®~~ ~ t~ S ~ 1`~4y~ ~y~~C Susan M. Insinger State of Idaho ) County of Ada } On this ~~ ~~~ o~ {,r~ ~~7~ 2005, before rne, the undersigned, a notary public personally appeared, .Tames 1J, Risch and Vicki L~ Risch, known to me or proven to me on the basis of satis~'actory evidence to be the person (s) whose name(s) are subscxibed to the within instru~zaaezkt and ackxiovvledged to rxae that helshe/they executed the Same. ~®,~a~~®®®®00~~~~e J,~~ ®`~ "y, a 4 m Notary Public ~ e ~ ®~ ®~~ ~,~ ~ ~, m Residzr~n In' _ ~1Y1/..~1. m~~ ~ ; ~ ~ ~r~, ° Expires: ~ -~~- j~~' ~~ ®®®~ ~ ~~ ~ ~*°~ m°. ~ ~~®ea®m®0® o, State of Idaho ) County of Ada ) r ~~ On dais o{~ "" o:F V/i~,~~ 2005, before rrae, the undersigned, a notary public personally sppeaxed,~John I~ Insingez and Susan M. Izasinger, known to m;e or proven to nz1e on the basis of satisfactory evidence to be the persona (s} whose name(s) arc subscribed to the within instrument and ackzio~vledged to me that he/she/they executed 'the 53IIle. _antl~p~i @nn,. e+809Y tL~ C °BB®s .; Y. ~® ~O~ ®®~ . ITT ary Public ,~ ~~'~, ® ~ Residing In. ~~ ~L~v ~ 0® v~ o ~ o ~r'~ ®~® ®®® ~° °°° mo®oa®®~ O ®``~ ~r~~~~~~~~~~ ~,~ ~~~~ ~r~~~E~w ~~ ~~ ) ~, ~ 6eJ IJIJ ~ 4 . tsd. 4t h~~^-, 1 ~~®1 l.~ ~ ~ ~ /!'CS rf (name) (ad ess) (city) (state) berg fast duly s~Tom upon, oath, depose and say: 'T'hat I am the record owner of the property described on the attached, and I grant my perrnissian to: (name} ~address) to submit the accompanying applications} pertaining to that property. 2. I agree to indemnify, defend anal hold the City of Meridian. anal its employees harmless from auy claim. or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this _~~day of ~.~~l~f' ~? 20 ~~' ~I (Signature) SUBSCRTBI/D AI~Il~ SViT€~RI~7 to before me the day aid year ~.rst ~,b"ove; written. :% v, ~~B~~t~>~ ~" HANKS Residingat:~~~6 ~~~~ (~~22~ ST'/~°~"% ~~ IBAF{a Nly Commission Expires: / ~ " ~/ ~ EXISTING D~ ~~0313111b Idaho 83713, the party developing said "Property" and shall include any subsequent owners}/developer(s} of the "Property". 3.4 "PRUPERTY"; means and refers Co that certain parceI(s} of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8, R-40, L-O and C-G attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PEItIYIIT'1'ED EY T~l;l`S Atx121a,I%MI~;NT: 4.1 The uses allowed pursuant to this Agreement are only those uses, allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 'r~z~ P: {~;-an~)-which are herein specified as follows: -~`ot~etian~~~rl-t~evsle~'t~ai-~~Ir~n~n~ed~ev~lrrPr~a~at ~svnsisti~g~of'fi64singdQ fr~nafly~br~r~'rli~g°lats; ~3°tawrt~~rese-~~s; 2~(I-apar~arat'rrts=4 nai~~d~~s~parests-wt~~°zrPl~r~xir~ztt~Z77,5 s: _~_o. f_ ~. f.~~e uttd re~ai~~pace.c~rra'-32°c~r~n lass orz ~~2: ~7 zr~r~es irt_proposer~~R~~,~.~d4d;~~~ Barad C-~•zon~es,., 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. DEVELOPMENT I1oi COIVDITiOI`IAL USE: "Ownexs" and "OwnerlDeveloper" have submitted to "City" an application for conditional use pezmit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior ta, and as a condition of, the commencement of construction of any buildings or improvements on the "Property",that require a conditional use pernut. 6. CQIVDiTI~)dIS GOVERNT~IG DE~IELQPIVIEI~T ®F SUB,~ECT PR®PERTY; 6.A "Owners" and "OwnerlDeveloper" shall develop the "Property" in accordance with the following special conditions: DEV$LaPMBNT AGREEIYIEAIT (r'4~-03-Q06) - 4• A. Adopt the Recommendations of the Meridian PIanning & Zoning Department as follows: ANEXATION ANU ZONING CONDTIONS OF APPROVAL 1. Remove any existing daznestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-5I7, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners}, with written approval ornon-approval submitted to the Public PVorks Department. Iflateral users association approve] can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 3. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that all future commercial, townhouse, and multi-family uses obtain conditional use permit approval prior to development, the construction of the multi-use pathway, and limiting Lats 1-13, Block 32, Lots I-12, Block 33, Lots 1-12 Bloch 34 andLots 1-13, Block 35 to attached and townhouse construction only and Iirniting Lots I-13 Block 30, Lots I-2 Block 31, hots i-12 Block 36, and Lots 1-13 Black 37 to one dwelling per lat. 4. The applicant shall negotiate with the City of Meridian as to the Iocation of a permanent easement and temporary construction easement through the project to Meridian Road for the North Slough Sewer Trunk after the Prelirs~inary Plat approval. (Per the action of the City Council taken at their June 3, 2003 meeting.) . tom--(t-l~e « >, ~ ~ae~f~e~r-ev~v~~pgre~: (Deleted per action of the City Council taken at their-June 3, 2043 meeting.) B. Adapt the Recommendations of the ACRD as follows: DEVELDPN~ENT AGREEMENT (AZ-Q3-006) - 5 .. high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. {C-G) General Retail and Service Cona~nercial District: The purpose ofthe C-G District is to provide for commercial uses which are customarily operated entirely or almost entirety within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located inclose proximity to major highway ar arterial streets; to fulfill the need aftravel-related services as well as retail sales far the transient and permanent motoring public, All such districts shall be connected to the Municipal water and sewer systems of the 'City, and shall not constitute strip commercial development ana encourage clustering of commercial development. 6. Since the annexation and zoning of Iand is a legislative function, the City has authority to place conditions upaa the annexation of land. See Burt vs. The City of Idaho Fa11s, 105 Idaho 65, 665 P2d 1075 (1983). The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section ] 2-2-4 which pertains, to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision azld Development Ordinance of the City of Nleridian_ Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner andlor developer shall enter into a Development Agreement, if such is required by the City. I~ECISYDI®i AISlD OILER NOW, Tl3EREFORE, >1$ASEID IJl°O1oT THE AEOVE ANI3 I'®RE~GOING FINI)YNGS OF FACT ANI? GOIii+CLUSi0Ivt5 UtF LAW, the City Crnuncil does hereby Order amd this does (3rder: The applicant's request for annexation and zoning of approximately 397.11 acres to FINDIIVGS OF FACT AND CONCLUSIONS OF LAtiV AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-046} PAGE 22 OF 37 Medium Density Residential (R-8~, High Density Residential (R-4t)), Limited Office (L-O), and General Retail and Service Commercial (C-G} are granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 397.11 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to ail the provisions of the City of Meridian Resolution No. 158. The legal description. for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Iuleridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: t1NBXATION AND ZONING CONDTIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for nan-donestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel~shatl be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigationJdrainage district, or lateral users association (ditch owners}, with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 3. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that all future con-imercial, townhouse, and multi-family uses obtain conditional use permit approval prior to development, the Ii INDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION {AZ-03-006) PAGE 23 C)F 37 construction of the multi-use pathway, and limiting Lots 1-13, Block 32, Lots 1-12, Block 33, Lots 1-12 Block 34 and Lots I-13, Black 35 to attached and townhouse construction only and limiting Lots 1-13 Block 30, Lots 1-2 Bloclc 31, Lots 1-12 Bloch 36, and Lots 1-13 Block 37 to one dwelling per lot. 4. The applicant shall negotiate with the City of Meridian as to the location of a permanent easement and #emporary construction easement through the project to Meridian Road for the North SIough Sewer Trunk after the Preliminary Plat approval. (Per the action of the City Council taken at their June 3, 2003 meeting.} action of the City Council taken at their June 3, 2003 meeting.) B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval per The applicant shall do one of the following requirements far 1Vleridian Road: a. Dedicate vy donation an additional I O-feet ofright-of way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of--way. b, Do not dedicate additional right-of--way, but constrict a minimum 5-foot wide concrete sidewallc along Meridian Road, located a minimum of 28-feet from the centerline of the right-af--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following requirements for Linder Road; a. Dedicate by donation an additional 23-feet of right-off way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of--way. FINDINGS OF FACT AND CONCLUSIONS OF LAj1V AND DECISION AND ORDER GRANTATG APPLICATION 1{QR ANNE~ATIt)N AND ZONING PARAIv1OUNT SUBDIVISION (AZ-03-006) PAGE 24 OF 37 AIIAEN®MENT T® ®EVEL®PIVIENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Development inc. Owner/Developer THIS AMEN®MENT T® DEVEL®l~IyIENT AGREEMENT is dated this day of 2013, ("AMENDMENT"), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Brighton Development inc., an Idaho corporation ("OWNER/DEVELOPER"), whose address is 12601 W. Explorer Drive, #200, Boise, Idaho 83713. RECITALS A. CITY and OWNERIDEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on August 14, 2003 as Instrument # 103137116 on real property more particularly described in the Agreement, as amended from time to time (collectively "Agreement"). B. OWNER/DEVELOPER'S development has expanded and changed since the execution of the Agreement, and the specific numbers and types of units in the Agreement are no longer applicable. C. Accordingly, CfTY and OWNER/DEVELOPER desire to amend Section 4.1 of the Agreement to delete certain specific numbers of units and fiypes of units in the development, -based an the.terms and conditions contained herein. AGREEMENT N®W, THEREF®RE, in consideration of the covenants and conditions set forth herein, and the recitals above which are hereby incorporated below, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Agreement, except as specifically amended as follows: A. Section 4.1 in its entirety is hereby deleted in its entirety and is replaced it with a new Section 4.1 as follows: "4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Unified Development Code codified at Meridian City Code Section 11- 2A and 11-2B which are herein specified as follows: Construction and development of a development consisting of single-family building lots, townhouse lots, apartments, mixed-use areas with office and retail space, and common lots in R-8, R-40, L-O, C-C, TN-C and C-G zones." B. Any references to specific numbers which have been deleted above, shall be deemed to additionafly nave been deleted in the remainder of the Agreement. 2. That Owner/Deveioper agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, ar successor shall not meet the conditions of this Amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This Amendment shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and persona{ representatives, including City's corporate authorities and their successors in office. This amendment shall be binding on the Owner/Developer of the Property, each subsequent owner and any other persons} acquiring an interest in the Property. Nothing herein shaft 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and. reasonable discretion, had determined that Owner/Deveioper has fully performed its obligations under this amendment. 4. If any provision of this Amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Amendment .sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral ar written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this amendment 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. 6. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within fihe approval of fihe City Council after the City has conducted public hearings} in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. To the extent this Amendment is inconsistent, or conflicts with, the Agreement, the terms and conditions of this Amendment shall control. 8. This amendment shall be effective as of the date herein above written. ACKN®WLED(;I~ENT~ IN WITNESS WHEREOF, the parties have herein executed fhis agreement and made it effective as hereinabove provided. OWNER/®EVELOPER. BRIGHTON LAND HOLDINGS LLC, an Idaho limited liability company By: Brighton Corporation, Manager By: By: Attest: David W. Turnbull, President BRIGHTON DEVELOPMENT INC., an Idaho corporation David W. Turnbull, President CITY OF MERIDIAN By: Mayor Tammy de Weerd Jaycee L. Holman, City Clerk STATE OF IDAHO County of Ada ss. On the _ day of , 2013, before me, the undersigned Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the President of Brighton Corporation, the Manager of Brighton Land Holdings LLC, and he acknowledged to me that he executed the same on behalf of the corporation in said limited liability company's name. IN WITNESS WHEREOF, I have hereunto set my hand and afftxed my official sea! the day and year in this certificate first above written. Notary Public My commission expires: STATE OF IDAHO County of Ada Ss. On the .day of , 2013, before me, the undersigned Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the president of Paramount Development Inc., and acknowledged to me that he executed fihe same on behalf of same 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. ATE OF IDAHO County of Ada Notary Public My commission expires: ss, On the _ day of 2010, before me, the undersi State, personally appeared Tammy de Weerd and Jaycee L. be the Mayor and Clerk, respectively, of the City of Meridian, person that executed the instrument on behalf of said City, and executed the same. gned Notary Public in and for said Holman, known or identified to me to who executed the instrument or fihe acknowledged to me that such City IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public My commission expires: ~~~'~ ~~ ~~~.~X~ ARE-f~PPL~CATI®N I~IEETIl~G DOTES Name; city staff: Location: Comprehensive Plan Future Land Use'M; Design Guidelines Deveiopment Context: Proposed Use: r~~/~. EXlsting USe: Va-<R n f Surrounding Uses: s~K. ~ CGtvr~(~~ Street Buffer(s) and/ar Land Use Buffer s Open Space/AmenitieslPathways:. Access/Stub Streets/Street System: ~ Sewer & Water Service: Topography/Hydrology/Fiood piain .issues: Canals/Ditchesll rrigationlHazards: History: Additional Meeting Notes: OY Other Agencies![?epartments to Contact: ^ Ada County Highway District ^ Nampa Meridian Irrigation District ^ Idaho Transportation Department ^ Settler's Irrigation District ^ Sanitary Services Company ^ .Police Department ^ Central District Health Department ^ Fire Department Application(s) Required. ^ Administrative. Design Review ^ Alternative Compliance (~ Annexation ^ City Council Review ^ Comprehensive Pian Amendment -Map ^ Comp'rehensive Pian Amendment -Text ^ Conditianai Use Permit ^ Conditionai Use Permit ModifeationlTransfer ^ ^ Development Agreement Modification ^ ^ Finai Plat ^ ^ Finat Plat Modification ^ ^ Planned Unit Development ^ Preliminary Plat ^ ^ Private Street ^ ^ Pubiic Works Department ^ Building Department ~ Parks Department Spy ^ Other; Rezone Short Plat Time Extension -Council UDC Text Amendment Vacation Variance Other Notes: 1J Applicants are required to hold a neighborhood meefing in accord wifh UDC 11-5A-5C prior fo submittal of an applicafion requiring a public hearing (except for a vacation or short plat); and 2) All appGcanfs for permits requiring.a public hearing shall past the site wifh a public hearing nofice in accord wifh UDC 91-5A-5D.3 (except for UDC text amendments, Comp Plan fexf amendments, and vacations). The informafian provided during this meefing is based on. current UDC requirements and fhe Comprehensive Pfan, Any subsequent changes to the UDC and/or Comp Ptan may affect your submiftal and/or applicafiori. This pre-application meefing shall be valid for four (4) months. Designation: Iyr u-~, ~- ~ti~~ Size of Property: Proposed Zanin~ Existing Zoning: ~z- ~ v-~~ '1N -(~ o~ L- C. ~- ;s ~~ C ~ 66~,~ ~.z~ i~r"n 5 ~ Cam'\GP ~~v R ~ cl-eV~ ~b~h'1 P2'~ 'Q! ~ ~ ~~ i ~~ I O ~ ~ ~ O ~ ~ ~~~~ I a ~ ~~~ -~ ~ ~ ~ ~- - ~ .~% ~i ~~ ®f~'A~iT1~'S~1'~rl ®A~ 1C 1~®~~~T~ ~®~~,~.A Q`Lk Per Unified Development Code (UDC} 11-SA-SD, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post ~ copy of the public hearing notice of the applications} on the property under consideration, The applicant shall submit proof of property posting in the.form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. iJnless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3} days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicant/agent signature Date 331x. Broadway Avenue, Suite I02 • Meridian, Idaho 83642 Phone: (208) 884-5533 ® Facsimile: (208) 888-6854 • Website: www.meridiancity.org g ©~, a ~ a 9 r~-, I--~ i?~ B 0 ', H ~ 4 x ~ -F''~'` <~~ E" ~ ~d /~ .mod o ~ ~C~ ® ® J ~_ \7 v ® ~ ' - ~ ® ~_T..~~-- ~ ~ ao o -o' z J 4 z 0 _~ 0 m S/7 z Q Q ~~ o~ - ~`g ^~~7 e .~ m ~A File No.: MDA-13-010 Project Name: Paramount Subdivision Request: Request to amend the development agreement for Paramount Subdivision to delete the number of lots, dwelling units, and square footages allowed to develop on the site & replace with the types of uses approved on the site, by Brighton Development, Inc. Location: The site is located south of W. Chinden Blvd. between N. Meridian Road and N. Linder Road, north of W. McMillan Road, in Section. 25, Township 4N., Range 1 W.